City of Desert Hot Springs
ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, February 7, 2023
Council Chambers
CLOSED SESSION - 4:30 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas
PUBLIC COMMENTS
None.
Jennifer Mizrahi, City Attorney, announced the Closed Session items.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining to a certain entity who has threatened litigation against the City, although no formal claim has been filed. The threat of litigation letter is on file with the City Clerk’s office.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining to a certain entity who has threatened litigation against the City, although no formal claim has been filed. The threat of litigation letter is on file with the City Clerk’s office.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Pursuant to Government Code Section 54957(b): City Manager
City Council
February 7, 2023
PRESENTATIONS - 5:15 P.M.
Fire Engine Tour (5:15-5:30 P.M. - City Hall Parking Lot) The public was invited to view the new Station 37 Fire Engine.
Certificate of Recognition Presented to Nancy Wright, Mission Springs Water District
Mayor and City Council
Mayor Matas presented a Certificate of Recognition to Nancy Wright for her service on the Mission Springs Water District Board of Directors.
Police Department Introductions and Swearing-In
Jim Henson, Chief of Police
Jim Henson, Police Chief, introduced new Animal Control Officer, Noah Pena; and new Police Officer, Johnny Acosta.
Daniel McVey, Deputy City Clerk, administered the Oath to Officer Acosta.
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas
INVOCATION
Pastor Matt Dudley gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember Betts led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
City Council
February 7, 2023
APPROVAL OF AGENDA
ACTION: Approve the February 7, 2023 Regular Meeting agenda and approve the Consent Calendar in its entirety.
Moved by Council Member Nuñez
Seconded by Council Member Betts
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
PUBLIC COMMENTS
1) Eddie Johnson commended the City Council and staff.
2) Kurt Handshuh spoke regarding Hot Springs Park.
3) Tom Moen spoke regarding Hot Springs Park.
4) Stephanie Martin spoke regarding the Salton Sea.
CITY MANAGER REPORT
Luke Rainey, City Manager, acknowledged and congratulated Fire Chief Mike Beverlin, recipient of the CalFire Director's Award for Superior Accomplishment.
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided an update regarding various Public Works projects.
MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Betts reported on the various meetings and events he attended.
Councilmember Gardner reported on the various meetings and events he attended.
Mayor Pro Tem Nuñez reported on the various meetings and events he attended.
Mayor Matas reported on the various meetings and events he attended.
PUBLIC HEARINGS:
4. Extension of 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
City Council
February 7, 2023
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; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt (by 4/5 vote of the City Council) and read by title only: "An extension of 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-23-020 - Pdf
Councilmember Betts stated that he owns a business in the downtown area and therefore recused due to a potential conflict of interest.
Erick Becerril, Community Development Director, presented the staff report and responded to questions. Jennifer Mizrahi, City Attorney, responded to questions.
Mayor Matas opened the Public Hearing.
Tom Moen spoke in a neutral position.
Stephanie Martin spoke in a neutral position.
Mayor Matas closed the Public Hearing.
ACTION: Approve Staff recommendation and adopt Ordinance No. 773.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 4-0 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
RECUSE: Betts
City Council
February 7, 2023
ADMINISTRATIVE CALENDAR:
5. (Continued from January 17, 2023) City Council Appointments to City Commissions
Recommendation:
Appoint the following members for a two-year term expiring in January 2025.
A) Planning Commission:
1) Ratify Mayor Matas' appointment of James Nindel;
B) Public Safety Commission:
1) Ratify Mayor Matas' appointment of Donna Lozano;
2) Ratify Councilmember Pye's appointment of Jose Trejo; and 3) Ratify Councilmember Nuñez' appointment of Kenneth Mitchell.
Staff Report - SR-23-016 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.
James Nindel, Kenneth Mitchell, Jose Trejo, and Donna Lozano, each provided their backgrounds and responded to questions from the City Council.
ACTION: Approve Staff recommendation.
Moved by Council Member Betts
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
6. Support for the Proposed Chuckwalla National Monument and Expansion of Joshua Tree National Park
Recommendation:
Consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, supporting designation of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park via presidential use of the Antiquities Act or through legislation in the U.S. Congress." Staff Report - SR-23-022 - Pdf
Katie Barrows presented the report and responded to questions.
Andrew Keet spoke in support.
Yasuko Smith spoke in support.
Stephanie Martin spoke in support.
ACTION: Approve Staff recommendation and adopt Resolution No. 2023-002.
City Council
February 7, 2023
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Betts
Carried 4-1 by the following votes:
AYES: Betts, Pye, Gardner, and Matas
NOES: Nuñez
7. Award Construction Contract for the Construction of Guy J. Tedesco Park Restroom Replacement Project (Federal Project No. 4.DHS.34-21, City Project No. 4015)
Recommendation:
Award the construction contract agreement to the lowest responsible bidder, Abboud Diamond Construction, Inc. and authorize the City Manager to execute the Agreement for the Construction of the Guy J. Tedesco Park Restroom Replacement Project, Federal Project No. 4.DHS.34-21, City Project No. 4015 in the amount of $658,500, and approve a 10% contingency amount of $65,850, which brings the total project budget to $724,350.
Staff Report - SR-23-015 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.
A discussion ensued.
ACTION: Approve Staff recommendation.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 4-1 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
NOES: Betts
8. Palm Drive and 8th Street Median Project
Recommendation:
Award the Construction Contract Agreement to the lowest responsive bidder, Onyx Paving Company, Inc. and authorize the City Manager to execute the agreement by and between Onyx Paving Company, Inc. and the City of Desert Hot Springs for the Construction of the HSIP 9-3 Palm Drive Median, Federal Project No. HSIPL-5384(025),City Project No. 3021 in the amount of $201,949 and approve a 10% contingency amount of $20,194.90, as-needed inspection services of $32,280, and as-needed material/equipment testing of $6,499.80, which brings the total project budget to not to exceed $260,923.70.
Staff Report - SR-23-019 - Pdf
City Council
February 7, 2023
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
9. Cooperative Agreement Between the City of Desert Hot Springs and Riverside County for Shared Funding for the Design and Construction of the Traffic Signal at the Intersection of Palm Drive and 20th Avenue Recommendation:
Authorize the City Manager to execute the Cooperative Agreement between the City of Desert Hot Springs and the County of Riverside for traffic signal system and road improvements at the intersection of Palm Drive and 20th Avenue.
Staff Report - SR-23-014 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.
(Name inaudible) spoke in support and expressed thanks.
ACTION: Approve Staff recommendation.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
10. An Ordinance Amending Section 4.16.010 "Unlawful Acts - Public Nuisances" of Chapter 4.16 "Public Nuisances" of Title 4 "Code Enforcement"; Section 5.44.080 "Operational Requirements and Standard Conditions" of Chapter 5.44 "Vacation Rentals" of Title 5 "Business Licenses and Regulations"; Section 8.04.150 "Storage on Premises - Placement for Collection" of Chapter 8.04 "Waste Disposal" of Title 8 "Health and Safety"
Recommendation:
Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California amending Section 4.16.010 “Unlawful Acts - Public Nuisances” of Chapter 4.16 “Public Nuisances” of Title 4 “Code Enforcement”; Section 5.44.080 “Operational Requirements and Standard Conditions” of Chapter 5.44 “Vacation Rentals” of Title 5 “Business Licenses and Regulations”; Section 8.04.150 “Storage on Premises - Placement for Collection” of Chapter 8.04 “Waste Disposal” of Title 8 “Health and Safety.”
City Council
February 7, 2023
Staff Report - SR-23-023 - Pdf
Christina Newsom, Compliance Manager, presented the staff report.
Stephanie Martin suggested that the ordinance wording be simple and easy to understand.
ACTION: Approve Staff recommendation with direction to Staff to dismiss related citations and notices of violation issued in the last 3 months.
Moved by Council Member Betts
Seconded by Mayor Matas
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
11. Amendment to Professional Services Agreement with Chambers Group, Inc. for On-Call Environmental Services on an As-Needed Basis Recommendation:
Authorize the City Manager to execute a Professional Services Agreement for On-Call Environmental Services with Chambers Group Inc. in the amount of $200,000 for one year; and to authorize the City Manager to execute all necessary agreements, as approved to form by the City Attorney.
Staff Report - SR-23-021 - Pdf
Erick Becerril, Community Development Director, presented the staff report.
ACTION: Approve Staff recommendation.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:
12. City Council Regular Meeting Minutes: January 17, 2023 City Council Special Meeting (Closed Session) Minutes: January 27, 2023 Staff Report - SR-23-024 - Pdf
ACTION: Approved the Minutes as presented.
17. Resolution Making Findings Pursuant to Assembly Bill 361 Regarding Remote Teleconference Meetings
Staff Report - SR-23-018 - Pdf
City Council
February 7, 2023
ACTION: Approved Staff recommendation and adopted Resolution No. 2023- 003: “A Resolution of the City Council making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361.”
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 8:10 P.M.
Jerryl Soriano, CMC, City Clerk
SR-23-020
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: Extension of 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; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt (by 4/5 vote of the City Council) and read by title only: "An extension of 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 CD (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
SR-23-020
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.
An Urgency Interim Ordinance adopting a Moratorium was previously approved by City Council on January 17th, 2023 for an initial term of 45 days. The Moratorium 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.
DISCUSSION:
In order to extend the Moratorium and give additional time, Staff is proposing the attached Extension of the Urgency Ordinance.
If approved, the proposed Extension of the Urgency Ordinance would extend the 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 proposed Extension of the Urgency 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 Extension of the Urgency Ordinance for the Downtown Area. Adopting the Extension of the Urgency Ordinance would allow additional 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.
SR-23-020
If passed, the Extension of the Urgency 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; 2) The proposed Extension of the Urgency Ordinance must contain findings, which are included with the proposed Extension of the Urgency Ordinance, stating why the proposed Extension of the Urgency 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 Extension of the Urgency 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 Extension of the Urgency Ordinance.
On January 17th, 2023, City Council approved an Urgency Interim Ordinance adopting a Moratorium for an initial term of 45 days.
If approved by the City Council, the proposed Extension of the Urgency Ordinance will extend the Moratorium 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 - Extension of Urgency Moratorium Ordinance
Exhibit 2 - Exhibit A to Ordinance
Exhibit 3 - G.C. 65858(d) Report
1 ORDINANCE NO. ____
AN EXTENSION OF THE 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
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
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, on January 17, the City Council did in fact adopt 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” (“Underlying Ordinance”); and WHEREAS, the Underlying Ordinance is set to expire 45 days from January 17, 2023; and
WHEREAS, on February 7, 2023, the City Council held a duly noticed public hearing on this current Ordinance which would extend the Underlying Ordinance 22 months and 15 days from February 7, 2023; and
WHEREAS, the City Council deems it necessary to extend the adopted ordinance by 22 months and 15 days; and
WHEREAS, pursuant to Government Code Section 65858(d), ten 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 (“65858(d) Report”); and
4 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; and
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;
(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 extension of 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.
5 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 Twenty-Two (22) months and Fifteen (15) days from February 7, 2023, commencing on the date of adoption of this Extension of the Underlying 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.
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.
6 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 22 months and 15 days from the date of its adoption.
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
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 —
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
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
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
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)
EXHIBIT A
GOVERNMENT CODE SECTION 65858(d) REPORT
Public report regarding the status of the City of Desert Hot Springs an Extension of the 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 the Ordinance 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”)
On January 17th, 2023, the City Council of the City of Desert Hot Springs adopted Interim Urgency Ordinance No. 771 (“Underlying Ordinance”). That Underlying Ordinance initiated a 45-day moratorium on certain uses 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”).
The City has recently started work on a new Downtown Specific Plan (“New Plan”) and is working with California Polytechnic University to ensure that the downtown area is being used in a manner consistent with the General Plan. The New Plan may establish new Zoning and Planning designations for the Downtown Area. The Underlying Ordinance was enacted to ensure protection of the public health, safety and welfare related to the use and long-term goals of the City in reference to the Downtown Area. Pursuant to Government Code Section 65858(d), the City prepared this report to describe the measures taken to alleviate the conditions that led to the adoption of the Underlying Ordinance.
RESEARCH
Staff has been engaged in preparation of the New Plan, including research and analysis related to potential commercial and mixed-use uses in the Downtown Area. City Council expressed a desire to limit the uses as in the Underlying Ordinance, preserving the Downtown Area for future downtown, mixed-use, and general commercial uses, in compliance with the General Plan. During the research associated with the New Plan, staff and the environmental consulting firm will be evaluating the environmental impacts that changed in land-use designation(s), uses and development standards. During this time, the uses mentioned in the Underlying Ordinance are not being approved within the Downtown Area, until such time that the City Council can review, deliberate, and consider the long-term goals, polices, outlook for the downtown area (area in question) and adopt the New Plan along with applicable zoning regulations and development standards.
The Underlying Ordinance was adopted to allow staff sufficient time to conduct research, prepare environmental studies and reports, conduct zoning analysis, traffic analysis, etc. in review and preparation of the potential New Plan. The interim prohibition adopted by the City Council on January 17th, 2023 will expire on March 3rd, 2023. Since it is infeasible for the studies and decisions to take place prior to March 3rd, 2023 it is recommended that the City Council extend the Underlying Ordinance for an additional Twenty Two months and Fifteen days. Consistent with California Government Code Section 65858(c), the
City Council finds that there is a current and immediate threat to the public health, safety, or welfare, and the approval of additional permits or entitlements for commercial those uses mentioned in the Underlying Ordinance would increase that threat to public health, safety, or welfare.
SR-23-016
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: (Continued from January 17, 2023) City Council Appointments to City Commissions
RECOMMENDATION:
Appoint the following members for a two-year term expiring in January 2025.
A) Planning Commission:
1) Ratify Mayor Matas' appointment of James Nindel;
B) Public Safety Commission:
1) Ratify Mayor Matas' appointment of Donna Lozano;
2) Ratify Councilmember Pye's appointment of Jose Trejo; and 3) Ratify Councilmember Nuñez' appointment of Kenneth Mitchell.
BACKGROUND:
On January 17, 2023, the City Council directed Staff to bring back the item on February 7, 2023 to ratify the appointments of the proposed commissioners who were unable to attend.
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;
• Vacancies that occur shall be filled by appointment for the unexpired term of the member replaced.
SR-23-016
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:
Re-Appointment Requests:
SR-23-016
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: Jose Trejo
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
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.
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
* 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
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
SR-23-022
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Support for the Proposed Chuckwalla National Monument and Expansion of Joshua Tree National Park
RECOMMENDATION:
Consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, supporting designation of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park via presidential use of the Antiquities Act or through legislation in the U.S. Congress." BACKGROUND:
A coalition of local non-profits and other organizations (The Protect California Deserts Campaign) is working to gain the support of U.S. Congressman Raul Ruiz, M.D., Senators Feinstein and Padilla, and the Biden Administration on a proposal to conserve federal public lands in Riverside and Imperial Counties for present and future generations to enjoy. The proposal would designate a new Chuckwalla National Monument that would border the southern edge of Joshua Tree National Park and permanently protect recreational access to popular places like the Mecca Hills and Orocopia Mountains. The proposed protections would honor and recognize the cultural histories of Indigenous peoples, enhance access to world-class nature for local residents and visitors, protect fragile desert wildlife by providing connectivity between existing protected lands, and help boost local economies.
National monuments can be established in two ways: through federal legislation or, more commonly, through presidential use of the Antiquities Act. Given current gridlock in Congress, the coalition is pursuing the latter option and seeks to work closely with Congressman Ruiz and California senators to advocate with the Biden Administration. Staff is recommending that the City Council approve a resolution supporting the designation of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park, and directing staff to forward the resolution to President Biden, Representative Ruiz, Senator Feinstein, and Senator Padilla.
The proposal would protect special deserts, mountains, and woodlands spanning from the eastern Coachella Valley almost to the Colorado River (see attached map). The new monument would safeguard World War II historical sites, the Bradshaw Trail and other designated routes, cultural landscapes, and vital habitats for a diverse array of species, including chuckwalla, desert bighorn sheep, and desert tortoise. The proposal also includes an expansion to Joshua Tree National Park. To highlight key elements, the proposal would:
SR-23-022
• Establish a Chuckwalla National Monument stretching from the Mecca Hills and Dos Palmas in the west to approximately 10 miles west of the Arizona border in Riverside and Imperial Counties; this would include protection for a wide array of cultural, historic and natural resources; • Expand Joshua Tree National Park in the Eagle Mountain area; • Require an inter-agency study of recreation needs on public lands in the region; especially under-resourced but popular day-use sites;
• Honor the homelands of the Cahuilla, Chemehuevi, Mojave, Quechan, and Serrano peoples; The proposed Chuckwalla National Monument and other protections would only apply to federal public lands. Such a designation would not affect existing lawful use of private property. Rights of way, utility corridors and infrastructure would not be impacted. The proposed Joshua Tree National Park expansion includes only those lands identified in a 2016 assessment by the National Park Service for inclusion in the Park. The expansion would cover only Bureau of Land Management (BLM) lands in the area, not privately owned lands. It also would not affect a proposed pump storage project and other existing or proposed activities on private lands.
The proposed protection of public lands is compatible with and complimentary to both the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and the Desert Renewable Energy Conservation Plan (DRECP).
It’s important to note that the draft Chuckwalla National Monument boundary does not exactly match the CVMSHCP conservation area boundaries. While the goals of the proposed national monument and the CVMSHCP are compatible, some variation is expected. The previously designated national monuments in the region which overlap with the CVMSHCP, the Santa Rosa and San Jacinto Mountains National Monument and the Sand to Snow National Monument, provide opportunities for ongoing collaboration and cooperative management. Like other national monuments in the region, the national monument designation would ultimately involve development of a management plan for the public lands with significant collaboration with local, state, and federal partners and input from the public.
The proposal was also crafted to be complimentary to the goals of the DRECP. All areas prioritized for renewable energy development were purposefully excluded from the proposed national monument boundaries.
National Monuments generally permit existing recreational uses to continue and in fact provide a better experience for users with increased signage for improved access and interpretation. OHV use is permissible within national monuments on legal routes and within designated areas.
The draft proposal will benefit Riverside and Imperial Counties in several ways, including:
• Protecting crucial plant and wildlife habitat and migration corridors. • Safeguarding indigenous sites, landscapes of importance, and other significant cultural resources.
• Protecting important historic sites and landscapes.
• Enhancing equitable and sustainable recreation access to federal public lands. • Boosting local economies by attracting visitors (see attachment on economic benefits)
SR-23-022
• Promoting tourism and recreation which are an essential par of the desert region's economy.
The National Monument designation would preserve and enhance the extensive recreational and environmental education opportunities in this spectacular landscape. Monument designation would attract outdoor recreation enthusiasts, translating into dollars for the local economies of the Coachella Valley, Palo Verde Valley and surrounding communities.
All the lands within this proposal are within the new 25th Congressional District, which is represented by Congressman Ruiz. The coalition of organizations supporting the Protect California Deserts proposal is currently reaching out to local elected officials, community leaders and stakeholders to solicit their input and support. Local supporters include Friends of the Desert Mountains, California Audubon, Cactus to Clouds, COFEM, the Sierra Club, Mojave Desert Land Trust, Native American Land Conservancy, Wildlands Conservancy, and National Parks Conservation Association among several others.
Staff recommends the City Council support the Protect California Deserts proposal and the designation of the Chuckwalla National Monument. In addition, staff can provide a sample letter of support for individual council members who may also want to consider support for protection of this important region.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
Exhibit 1 - Resolution In Support of Proposed Chuckwalla National Monument and JTNP Expansion Exhibit 2 - Map With Draft Chuckwalla Nat'l Monument Boundary Exhibit 3 - Protect California Deserts Summary
Exhibit 4 - Protect CA Deserts - Economic Benefits Summary Exhibit 5 - Desert Sun Article
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, IN SUPPORT OF THE
ESTABLISHMENT OF THE PROPOSED CHUCKWALLA AND JOSHUA
TREE NATIONAL MONUMENTS
WHEREAS, the proposed Chuckwalla and Joshua Tree National Monuments contain spectacular public lands that are a scenic, environmental, economic, cultural and recreational resource both locally, as well as across our state; and WHEREAS, the proposed Chuckwalla and Joshua Tree National Monuments support year-round habitats for diverse wildlife such as desert bighorn sheep, desert tortoise, a wide variety of birds and many other species; and WHEREAS, publicly owned and federally managed desert lands constitute a public wildland resource of extraordinary and inestimable value and deserve to be protected for present and future generations; and
WHEREAS, securing permanent protection for the proposed Chuckwalla and Joshua Tree National Monuments will secure quality of life and recreational opportunities directly related to our public lands for generations to come; and WHEREAS, multiple studies have shown that National Monuments create jobs and support positive economics for communities nearby; and WHEREAS, these areas contain significant cultural, archeological, historic and scientific values worthy of permanent protection; and
WHEREAS, it remains in the City of Desert Hot Springs’ interest to maintain and protect the California desert as a recreational resource and a place for citizens of and visitors to Desert Hot Springs to recreate, spend time with family, or simply gaze into the night sky;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Desert Hot Springs hereby affirms its support for the establishment via legislation or executive action of the proposed Chuckwalla and Joshua Tree National Monuments.
BE IT FURTHER RESOLVED That the City of Desert Hot Springs asks President Biden to designate these monuments promptly through Presidential proclamation via the Antiquities Act; and
BE IT FURTHER RESOLVED That the City Council hereby directs the City Clerk to send a copy of this resolution to United States President Joe Biden, Representative Raul Ruiz, Senator Diane Feinstein and Senator Alex Padilla.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs this 7th day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________________ ________________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_________________________________
Jennifer Mizrahi, City Attorney
The Protect CA Deserts Campaign’s Public Land Proposals Protect At-Risk Public Lands Neighboring Joshua Tree National Park At-Risk Public Lands Neighboring Joshua Tree National Park
▶ DESIGNATE A NEW CHUCKWALLA
NATIONAL MONUMENT
that would border the southern edge of Joshua
Tree National Park and permanently protect
recreation access to popular places like the
Mecca Hills and Orocopia Mountains. The new
monument would safeguard World War II
historical sites, the Bradshaw Trail, cultural
landscapes, and vital habitats for chuckwalla,
desert bighorn sheep, and desert tortoise.
INTRODUCING A NEW EFFORT TO PROTECT CALIFORNIA DESERTS
Local organizations, with the support of regional and national organizations, are working together to preserve public lands in Riverside and Imperial Counties between Palm Springs and the Colorado River for future generations. These protections will honor and recognize the Indigenous cultural histories and tribal heritage values of the Cahuilla, Quechan, Serrano, Chemeheuvi, and Mojave peoples, increase access to world-class nature for local residents and visitors, protect fragile desert wildlife and facilitate connectivity, and help benefit local economies. This effort proposes to:
▶ EXPAND JOSHUA TREE NATIONAL PARK
to the east, which will connect the Park with the
proposed national monument and other
existing protected areas. This would help
ensure connectivity for desert bighorn sheep,
burro deer, and other wildlife in the face of
climate change. The park expansion would also
increase access to nature for east Coachella
Valley residents and preserve places of cultural
and historical importance. The National Park
Service has identified the lands proposed in the
expansion as a suitable addition to the park.
Bob Wick
Larry Heronema
Bob Wick
▶ HELP ENSURE MORE EQUITABLE ACCESS
TO NATURE FOR LOCAL COMMUNITIES
The proposed monument includes many places
that are enjoyed for outdoor recreation
activities, including the Mecca Hills, the
Orocopia Mountains, and the historic Bradshaw
Trail National Back Country Byway.
Permanently protecting these lands with a
monument designation is an opportunity to
ensure that these places are here for current
and future generations to experience and enjoy.
As part of our effort, we’re proposing that the
Bureau of Land Management conduct a study
to assess recreation needs in the area.
▶ HONOR THE HOMELANDS
of the Iviatim, Kwatsáan, Maara'yam, Nüwü,
Pipa Aha Macav (the Cahuilla, Quechan,
Serrano, Chemeheuvi, and Mojave) peoples.
Local organizations are working to properly
inform and involve Tribal nations whose
homelands are within the proposed monument
so that future management plans implement
Tribal input and stewardship practices. This will
help ensure that their traditions, sacred sites,
trails, and plant and animal relatives in this
cultural landscape are preserved in a manner
which respects Tribal priorities and sovereignty.
CALIFORNIA’S DESERTS: UNPARALLELED AND BELOVED PUBLIC LANDS California’s deserts span over 26 million acres and are like nowhere else on earth. The deserts of Riverside and Imperial Counties include palm oases, rocky mountain ranges, and lush desert woodlands with unique plants such as the Chuckwalla Cholla cactus and threatened animals such as the desert tortoise and flat-tailed horned lizard. The U.S. Fish and Wildlife Service selected lands within the proposed Chuckwalla National Monument as a re-introduction site for the iconic and critically endangered Sonoran pronghorn.
These public lands offer outstanding recreation opportunities and are essential to enhancing equitable outdoor access for local communities. They are the ancestral homelands of many Tribes since time immemorial. The region also contains important historical values, and tourism in the area helps contribute to a sustainable economic engine for nearby communities. ▶ EMAIL US:
[email protected]
▶ CALL US:
CHRIS CLARKE, (760) 600-0038
Bob Wick
Bob Wick
PROTECTCADESERTS.ORG
@PROTECTCADESERT
1 THE CALIFORNIA
DESERTS REGION
DESERT CONSERVATION CONFERS ECONOMIC
BENEFITS. IT’S MORE THAN SAVING BEAUTIFUL PLACES.
Monument designation has a positive and statistically significant average increase of approximately 10% on the total number of establishments [businesses] and 8.5% on the total number of jobs in Zip Code Tabulation Areas within 25 km of the 14 Mountain West designated national monuments analyzed across a 25-year time period.
M. Walls, P. Lee, & M. Ashenfarb. 2020. Resources for the Future. National monuments and economic growth in the American West. Science Advances. Vol 6 (12).
Graph: 2020 National Park Visitor Spending Effects [NPS].
ECONOMIC
BENEFITS
The Economic Link Between
Conserved Lands and Local
Communities
Studies have demonstrated an
association between conservation of
public lands and a significant boon to
surrounding local economies.
Tourism: Economic Driver in the
Desert
The California Desert region is
experiencing a rapid escalation in
tourist enthusiasm and visitation that
has driven revenue for local
economies.
Jobs and Desert Visitation
Tourism is an industry, and as desert
visitation rapidly expands, so too has
job creation and business opportunities
for local residents who support related
sectors such as business, finance,
construction, and health.
Per capita income in
western nonmetropolitan
counties [100,000 acres
of protected lands] was
on average $4,360
higher [in 2010; $5,319
in 2022] than per capita
income in similar
counties with no
protected lands.
-The Economic Importance of
National Monuments to Local
Communities. 2017. Headwaters
Economics.
-
2 SUMMARY POINTS: ECONOMIC BENEFITS OF DESERT CONSERVATION • In a 2020 study published by the Washington D.C. based think tank Resources for the Future, authors reviewed data across 8 states in the Mountain West to estimate the economic impacts of 14 monument designations over a 25-year period. They concluded that monuments resulted in greater average number of establishments and jobs in proximity to monuments; increased average establishment growth rate; and had no effect on mining and other industries that use public lands.
• The National Park Service 2020 Report on NPS Visits, Spending, and Economic Contributions to Local Economies noted that for Joshua Tree National Park, visitation of 2,399,542 guests conveyed $121,857,000 spent in local economies; 1,512 jobs; and $60,065,000 in labor income consisting of employee wages, salaries and payroll benefits, as well as the incomes of proprietors that are supported by NPS visitor spending. • Visit California’s Economic Impact of Travel report for 2021 indicated Local Tax Revenue of $293,000 for the state’s Desert Region, supporting community benefits such as safety, fire, recreation, and library services. • Joshua Tree National Park and other desert public lands have experienced a dramatic increase in visitation across the last decade as the public has enthusiastically discovered our desert region. For instance, between 2011 and 2021, visitation at JTNP increased from 1,396,237 to 3,064,000 – a 119% increase. • A 2014 report [ECONorthwest] noted economic contributions of Quiet Recreation Visits within 50 miles of recreation sites on BLM-managed lands within California. Total Direct Spending was $243,938,853. In inflation-adjusted dollars for 2022, that amount today would be $305,182,203.
• Tourists to Imperial County generate an estimated $347.6 million (2016; $428.9 million adjusted for 2022) in the County and support more than 4,700 direct jobs, about 7 percent of total employment in the County.
National monuments and economic growth in the American West. 2020. Link 2020 National Park Visitor Spending Effects. Economic contributions to local communities, states, and the nation. 2021. NPS. Link Economic Impact of Travel in California 2012-2021. Visit California. 2022. Dean Runyon and Associates. Link National Park Service Stats. National Park Service Visitor Use Statistics. Link The Economic Value of ‘Quiet Recreation’ on BLM Lands. 2017. Pew Charitable Trusts. Link Updated Summary: The Economic Importance of National Monuments to Local Communities. 2017. Headwaters Economics. Link Imperial County Comprehensive Economic Development Strategy. Link Economic Benefits of Desert
Conservation
The Desert Sun - 01/03/2023
January 3, 2023 9:04 am (GMT -8:00) Powered by TECNAVIA DAY, JANUARY 3, 2023 | DESERTSUN.COM PART OF THE USA TODAY NETWORK AGE 3A
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The vast stretch of the Colorado Desert bordering
the southern edge of Joshua Tree National Park provides vital habitat for threatened and endangered desert wildlife, including the desert tortoise, bighorn sheep and chuckwalla — but it also offers important
recreation space for the humans living in nearby communities in the eastern Coachella Valley and surrounding the Salton Sea.
Mecca Hills Wilderness, for example, is home to the
popular Ladder Canyon and Painted Canyon Trail,
where hikers can view colorful giant rock formations
and scramble up ladders through a narrow canyon.
The nearby Dos Palmas Preserve, the Orocopia Mountains and Box Canyon Road are all also popular local hiking and camping destinations.
The end of Painted Canyon Road is seen in Mecca on Dec. 28. A coalition of environmental and conservation groups is urging the creation of a new national monument, temporarily being called the Chuckwalla National Monument, which would include Painted Canyon and the rest of the Mecca Hills Wilderness, among other areas. PHOTOS BY ANDY ABEYTA/THE DESERT SUN A monumental bid
to protect desert
Hikers on Painted Canyon Trail. The proposed
monument would encompass almost 700,000 acres.
Campaign seeks new national
monument south of Joshua Tree
Erin Rode Palm Springs Desert Sun | USA TODAY NETWORK
See CHUCKWALLA, Page 7A
“As the Salton Sea continues to recede and
deteriorate, there are even less recreation
opportunities for communities nearby.”
Frank Ruiz Audubon California’s Salton Sea Program director
The Desert Sun - 01/03/2023
January 3, 2023 9:05 am (GMT -8:00) Powered by TECNAVIA DESERTSUN.COM | TUESDAY, JANUARY 3, 2023 | 7A
BLAST
The importance for local recreation is one big reason why a coalition of environmental groups is campaigning for the creation of a new national monument that would encompass these areas, as well as thousands of acres of habitat for desert wildlife. “We’re making this a people-centric campaign because oftentimes, monument or conservation campaigns focus on the importance of wildlife and birds, and as an environmentalist that is always super important for me. But as a member of this community, I understand that these local communities do not always have access to the outdoors, they’re very parkdeprived communities,” said Frank Ruiz, director of Audubon California’s Salton Sea Program. Audubon
California is one of the organizations behind the monument campaign. “And as the Salton Sea continues to recede and deteriorate, there are even less recreation
opportunities for communities nearby.”
The proposed Chuckwalla National Monument,
named for the large lizard found in the desert region,
would hug Joshua Tree National Park’s southern
boundary, stretching along Interstate 10 from the edge
of the eastern Coachella Valley all the way to the Colorado River. The proposed monument is nearly 700,000 acres, and would include land in both Riverside and
Imperial counties. In addition to the national monument proposal, the Protect California Deserts campaign is separately proposing to expand Joshua Tree National Park to the east in the Eagle Mountain area.
“These are the kinds of places we’d like to protect,
and folks who have been there know that these are extraordinary places and should be protected into the future,” said Colin Barrows with CactusToCloud Institute, one of the organizations behind the campaign.
Barrows noted the Bradshaw Trail and Corn Springs
Campground as two additional sites that would be
protected by the monument. The Bradshaw Trail is a
70-mile dirt road that was the first road blazed across Riverside County to the Colorado River in 1862.
A ‘people-centric’ campaign
If the Chuckwalla National Monument proposal
comes to fruition, the Chuckwalla National Monument
would be the third national monument in the Coachella Valley region, joining the Santa Rosa and San Jacinto Mountains National Monument and Sand to Snow National Monument, and would be the first national
monument in the eastern Coachella Valley region. A
coalition of environmental and conservation groups
called the Protect California Deserts campaign officially launched the national monument campaign earlier this year.
There are two avenues to national monument status: a vote by Congress or a presidential designation under the Antiquities Act. Both routes have been used
in the Coachella Valley region — the Santa Rosa and
San Jacinto Mountains National Monument was established by Congress in 2000, and more recently, then-President Barack Obama established the Sand to
Snow National Monument in 2016.
Either option would likely start with the Congressional representative for the area, Rep. Raul Ruiz, a Democrat, who could either introduce the proposal as
legislation in Congress or bring the proposal to the Biden administration, according to Barrows.
Ruiz’s office “is aware of the plans for the Chuckwalla National Monument, and we look forward to reviewing a final proposal from the groups,” according to spokesperson Kelly O’Keeffe.
Historically, campaigns for national monuments
and other conservation protections have often focused
on the importance of a region’s habitat or ecosystem
for plants or wildlife, or on other unique features. But the Chuckwalla National Monument is part of a recent
push to recognize the recreational and cultural significance of public lands across the U.S., with an emphasis on protecting lands that provide recreation opportunities for groups typically underrepresented in the outdoors.
“We haven’t really placed people at the center of
ecosystems, but we are part of the larger ecosystems,
communities are part of their larger ecosystem. If we
can think in an inclusive way of putting people within
the discussion of habitat protection, for me that’s what should be the approach of the new conservation movement,” said Frank Ruiz of Audubon California.
The Biden Administration is also focused on this
goal — President Biden established a national goal last year to conserve at least 30% of U.S. lands and freshwater by 2030, with an additional emphasis on increasing access to the outdoors and nature-based recreation in historically underrepresented communities.
In October, Biden designated the first national monument of his administration at Camp Hale, an alpine World War II-era training site in Colorado. Obama designated more national monuments than any other president, with 29 new national monuments, including seven in California. During his time as president, Donald Trump established one new national monument using his authority under the Antiquities Act, but also notably took the unprecedented step of placing 27 established national monuments under federal review, resulting in the reduction of Bears Ears and
Grand Staircase-Escalante national monuments by
more than 2 million acres. In 2021, Biden restored the
two Utah monuments to their previous sizes.
In November, Biden expressed support for the creation of a new national monument in the Mojave Desert in southern Nevada, although he stopped short of a formal proclamation. Avi Kwa Ame, also known as
Spirit Mountain, spans nearly 450,000 acres and is
considered sacred by many tribes in Arizona, Nevada,
and California. A coalition of tribes, local residents, the Nevada Legislature, environmentalists and recreation enthusiasts have campaigned for monument status since 2020, as the Arizona Republic reported.
National monument campaigns focused on outdoor
access and recreation are also ongoing in other parts of the country. In Texas, the proposed Castner Range National Monument would protect public lands located near El Paso, and groups advocating for monument
status have stressed the Castner Range’s importance
for outdoor access due to its close proximity to the city, where a majority of residents are Hispanic.
Solar energy development happening nearby
The land within the proposed monument boundaries is all under the Bureau of Land Management, with various specific designations — Mecca Hills and
Orocopia Mountains are both designated wilderness
areas, for example, where regulations are generally
stricter than the non-wilderness BLM lands surrounding these designated areas. “We want to stitch that patchwork of different protection levels altogether into one unified place and say, this place is special and worthy of protection. And we
want to see those protections made permanent, we
want to be part of the investment in outdoor recreation and in combating climate change for the Coachella
Valley and for the communities of the Coachella Valley,” Barrows said.
The Bureau of Land Management doesn’t take positions on proposed or draft legislation, according to spokesperson Michelle Van Der Linden, so the agency
doesn’t have a stance on the proposed Chuckwalla National Monument.
National monument designations only apply to federally managed land within the monument boundaries, so a designation wouldn’t impact private land inholdings and existing uses located within the proposed monument. For example, the Coachella Canal runs through the proposed monument.
Barrows said momentum for the monument grew
recently out of concerns about potential development
in the region and the desire to protect desert landscapes as a climate change strategy.
Swaths of land in Riverside and Imperial Counties
north of the proposed monument boundaries are
flagged for solar energy development under the Desert
Renewable Energy Conservation Plan, a 22.5 millionacre plan covering seven counties that identifies specific development focus areas for renewable energy, while also specifying which areas should be conserved
for wildlife, recreation, cultural, and other uses.
“Our proposal is complementary to the solar development that should we feel can and should be out there. We’re doing this because we all care about the
environment, we all care about climate change, and I
think those two things, solar development and protecting the desert, should work together, not be opposed to each other,” said Barrows.
The proposed monument’s boundaries were specifically drawn to avoid the areas deemed suitable for renewable energy development under the plan, according to Barrows. “What we want to do is protect the wildlife corridors
and recreation corridors and access to cultural sites for Indigenous people, so that the solar that’s going in all around there can go in, but it’s not going to get in the way of people and wildlife that have been enjoying the
land or using the land or living on the land for in some cases thousands of years,” Barrows said.
The coalition says the designation would also protect cultural sites for area tribes and historic World War II training sites.
Proposed monument
contains important habitat
The proposed monument represents one of the
most pristine and least impacted stretches of the Colorado Desert in California, according to the coalition, with public lands providing critical wildlife corridors between Joshua Tree National Park and other protected areas. The desert tortoise, which is listed under the U.S. Endangered Species Act as a threatened species,
is found in the area, and the U.S. Fish and Wildlife Service has also identified the Chuckwalla Bench as a potential re-introduction site for the critically endangered Sonoran pronghorn.
The proposed monument also provides important
habitat for birds, according to Frank Ruiz. Rare “microphyll woodlands,” comprised of palo verde and ironwood trees that grow in desert washes, make up just 5% of vegetation in the Colorado Desert, but more than
90% of migratory birds use these areas.
“These very pristine areas need to be protected, especially as we continue walking into the worst drought in modern history,” Frank Ruiz said.
The coalition is hoping that a national monument
designation would both raise awareness about the
outdoor opportunities in the area — potentially bringing in more local visitors — and improve how lands are managed within the monument boundaries. The campaign effort also includes a proposal that the Bureau of Land Management conduct a study to assess recreation needs in the area.
Chuckwalla
Continued from Page 1A
A designated camping area is seen along Painted Canyon Road. The area is proposed to be named a national monument, temporarily being called the Chuckwalla National Monument. ANDY ABEYTA/THE DESERT SUN
SR-23-015
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Award Construction Contract for the Construction of Guy J. Tedesco Park Restroom Replacement Project (Federal Project No. 4.DHS.34-21, City Project No. 4015)
RECOMMENDATION:
Award the construction contract agreement to the lowest responsible bidder, Abboud Diamond Construction, Inc. and authorize the City Manager to execute the Agreement for the Construction of the Guy J. Tedesco Park Restroom Replacement Project, Federal Project No. 4.DHS.34-21, City Project No. 4015 in the amount of $658,500, and approve a 10% contingency amount of $65,850, which brings the total project budget to $724,350.
BACKGROUND:
During the past years, the City of Desert Hot Springs has had a large increase in vandalism, security issues, and proper functionality of the restroom facility at Tedesco Park. While the restroom facility is currently operational, the continuing issues with vandalism, over-use, ADA accessibility, and failing infrastructure components requires the City to close the restrooms for frequent repairs. City staff looked into options of upgrades, improvements, and/or replacements. Based on the existing conditions, total costs, and ultimate life expectancy of the structure, the restroom replacement option was determined to be the best alternative.
The Guy J. Tedesco Restroom Replacement project is proposing to replace the existing restrooms located at Tedesco Park.
The City applied and received grant funding from the Community Development Block Grant (CDBG) 2021-2022 program in the amount of $291,000 towards the cost of the Tedesco Park Restroom Replacement. Additionally, a total of $246,935 was reprogrammed from CDBG award year 2019-2020, for a total of $537,935 of CDBG grant funds awarded for the project.
On March 22, 2022, the City approved an agreement with Herman Design Group to prepare plans, specifications, and an engineer’s estimate for the Guy J. Tedesco Restroom Replacement Project.
Staff reviewed the plans and approved the design, which included the replacement of the existing restrooms with prefabricated restrooms.
After the engineering design was completed and approved, staff issued an RFP for construction.
SR-23-015
DISCUSSION:
On December 12, 2022 the Request for Bid Proposal (RFP) for the Construction of the Guy J. Tedesco Restroom Replacement Project # 4015 was released. The Notice Inviting Bids was posted on the City’s website and with Planit Reprographics, a local valley clearing house for public bid solicitations, as well as published in the Desert Star Weekly and La Prensa Hispana. The RFP was released for 30 days, and on January 11, 2023, the following Bids were received and opened:
Contractor Address Total Bid Amount
Abboud Diamond
Construction Inc.
1849 W. Redlands Blvd,
#101
Redlands, CA 92373
$658,500
CS Legacy 675 Brea Canyon Road
Walnut, CA 91789
$670,157
I.E. General Engineering 1440 Beaumont Ave, Ste
A2-130
Beaumont, CA 92223
$674,325
R Dependable Construction
Inc.
1019 W. 3rd Street, Suite B
San Bernardino, CA 92410
$785,000
JM Builders Inc. P.O. Box 8663
Redlands, CA 92375
$792,000
Staff reviewed the bids and verified all submittals and determined the lowest responsive bidder to be Abboud Diamond Construction, Inc. with a total bid amount $658,500. Staff verified references that were submitted with their bid packet and found Abboud Diamond Construction, Inc. to meet the necessary qualifications.
Staff is recommending that the City Council award the construction contract agreement to the lowest responsive bidder, Abboud Diamond Construction, Inc.
FISCAL IMPACT:
This project will be funded through the following funding sources:
Community Development Block Grant 2021/2022 = $291,000
Community Development Block Grant 2019/2020 = $246,935
Park Development Fund 102 = $186,415
Total Project Budget = $724,350
Contract Amount = $658,500
Contingency 10% = $65,850
Total Project Budget = $724,350
ATTACHMENTS:
Exhibit 1 - Project Plans
SR-23-015
Exhibit 2 - Bid Proposal
Exhibit 3 - Notice Inviting Bids
Exhibit 4 - Bid Item Tabulation
Exhibit 5 - Public Works Construction Agreement
FAX (760) 777-9132
PH. (760) 777-9131 PALM DESERT, CA SUITE 102
HERMANN LIC# 2754 92211 EXP. 04/30/24
DESIGN
GROUP 77-899 WOLF RD.
1 10
FAX (760) 777-9132
PH. (760) 777-9131
PALM DESERT, CA
SUITE 102
HERMANN
LIC# 2754
92211
EXP. 04/30/24
DESIGN GROUP
77-899 WOLF RD.
'RRB'
'MSB'
10
FAX (760) 777-9132
PH. (760) 777-9131
PALM DESERT, CA
SUITE 102
HERMANN
LIC# 2754
92211
EXP. 04/30/24
DESIGN GROUP
77-899 WOLF RD.
A
SECTION
2"
4"
10
FAX (760) 777-9132
PH. (760) 777-9131 PALM DESERT, CA SUITE 102
HERMANN LIC# 2754 92211 EXP. 04/30/24
DESIGN
GROUP 77-899 WOLF RD.
FAX (760) 777-9132
PH. (760) 777-9131 PALM DESERT, CA SUITE 102
HERMANN LIC# 2754 92211 EXP. 04/30/24
DESIGN
GROUP 77-899 WOLF RD.
FAX (760) 777-9132
PH. (760) 777-9131 PALM DESERT, CA SUITE 102
HERMANN LIC# 2754 92211 EXP. 04/30/24
DESIGN
GROUP 77-899 WOLF RD.
FAX (760) 777-9132
PH. (760) 777-9131 PALM DESERT, CA SUITE 102
HERMANN LIC# 2754 92211 EXP. 04/30/24
DESIGN
GROUP 77-899 WOLF RD.
FAX (760) 777-9132
PH. (760) 777-9131 PALM DESERT, CA SUITE 102
HERMANN LIC# 2754 92211 EXP. 04/30/24
DESIGN
GROUP 77-899 WOLF RD.
FAX (760) 777-9132
PH. (760) 777-9131 PALM DESERT, CA SUITE 102
HERMANN LIC# 2754 92211 EXP. 04/30/24
DESIGN
GROUP 77-899 WOLF RD.
ITEM EST.
NO. QTY.
9. 65 LF
10. 1 LS
DESCRIPTION
Concrete Mow Curb
(words)
Landscape and Irrigation
(words)
UNIT PRICE TOTAL
$ __ _
$ 15,DOOr
TOTAL BID
(wor
SIX HUNDRED FIFTY EIGHT THOUSAND AND FIVE HUNDRED DOLLARS AND ZERO CENTS. $658,500.00 The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays , after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereof may be considered null and void.
Signature of bidder �
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer and manager thereof.)
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CITY PROJECT NO. 4015
Guy J. Tedesco Park Restroom Replacement
NIB-1
CITY OF DESERT HOT SPRINGS
NOTICE INVITING SEALED BID PROPOSALS
for
CITY PROJECT NO. 4015
Guy J. Tedesco Park Restroom Replacement
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for prefabricated restroom replacement and the performance of other appurtenant works as more particularly described in the specifications under City Project No. 4015, Guy J. Tedesco Park Restroom Replacement, in the City of Desert Hot Springs.
The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2:00 p.m. on January 11, 2023. Public Works “Bid: Guy J. Tedesco Park Restroom Replacement, City Project No. 4015” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240. The bids will then be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 2:00 p.m. on January 11, 2023.
Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.
No bid proposal will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the Business and Professions Code. The work requires a California Class “A” contractor's license.
The bids must be submitted on the proposal forms included in the bidder's package of the contract documents.
TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 120 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.
CITY PROJECT NO. 4015
Guy J. Tedesco Park Restroom Replacement
NIB-2
OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the Guy J. Tedesco Park Restroom Replacement are ONLY available to be ordered online at; www.planitreprographics.com. For orders by phone, contact: Planit Reprographics at (760) 345-2500.
Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning (760) 329-6411 ext. 220.
The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); Mission Springs Water District (MSWD), “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities,” Latest Manual; Southern California Edison, “Underground Structures Standard (USG),” Latest Manual; “Standard Specifications for Public Works Construction,” 2019 Edition, as published by Building News, Inc.; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The MSWD, on-line version of the manual is available at MSWD Web site, the SCE “Underground Structures Standard (USG) Manual,” on-line version of the manual is available at SCE’s Standards & Publications Web site, “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site: http://caltrans-opac.ca.gov/publicat.htm.
ADDITIONAL BID INFORMATION AND REQUIREMENTS: Pre-bid inquiries should be directed to Ms. Jilleen Ferris P.E. City Engineer at (760) 329-6411 X 220, or via email at [email protected]. Pre-Bid questions regarding Plans and Specifications shall be submitted to: Chris Herman via email only at [email protected]. Include “Pre-bid Questions for Guy J. Tedesco Park Restroom Replacement, Project No. 4015” in the “Subject Line”. Pre-bid questions will not be accepted after 12 p.m. (noon) on Wednesday December 21, 2022.
The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.
The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City nonresponsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.
A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.
CITY PROJECT NO. 4015
Guy J. Tedesco Park Restroom Replacement
NIB-3
The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.
All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.
The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.
The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:
A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.
A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.
A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.
A “Certificate of Worker’s Compensation Insurance”.
And a “Certificate of Commercial Vehicle Liability Insurance” See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.
Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.
As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.
CITY PROJECT NO. 4015
Guy J. Tedesco Park Restroom Replacement
NIB-4
Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.
The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
The City supports and encourages equal opportunity contracting.
FEDERAL FUNDING
This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 75) Economic Opportunities requirements; payment of Federal Davis-Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others. Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing and Workforce Solutions.
PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California.
These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.
The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.
ENGINEER’S COST ESTIMATE
The engineer’s cost estimate for this project is $678,553.
CITY PROJECT NO. 4015
Guy J. Tedesco Park Restroom Replacement
NIB-5
PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.
December 12, 2022 Request For Proposal Advertised
January 11, 2023 Seal Bid Submitted by 2:00PM
February 7, 2023 Anticipated award of construction contract February 14, 2023 Contracts fully executed / Notice to proceed issued February 21, 2023 Pre-Construction meeting
March 29, 2023 Construction begins
May 9, 2023 Construction completed
CITY OF DESERT HOT SPRINGS
JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
(760) 329-6411
Advertised: December 12, 2022
Item Description Est. Qty. Unit Price
Engineers
Estimate
1 Mobilization 1 LS $70,000 $70,000 $ 75,000.00 75,000.00 $ 41,508.00 $ 41,508.00 $ 19,000.00 $ 19,000.00 $ 25,000.00 $ 25,000.00 $ 246,754.00 $ 246,754.00 $ 2 Traffic Control 1 LS $1,500 $1,500 $ 15,000.00 15,000.00 $ 3,643.00 $ 3,643.00 $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 $ 2,000.00 $ 2,000.00 $ 3 Fugitive Dust Constrol 1 LS $12,000 $12,000 $ 15,500.00 15,500.00 $ 4,835.00 $ 4,835.00 $ 4,000.00 $ 4,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 4 Construction Survey an Staking 1 LS $15,000 $15,000 $ 25,000.00 25,000.00 $ 5,613.00 $ 5,613.00 $ 4,500.00 $ 4,500.00 $ 6,500.00 $ 6,500.00 $ 5,000.00 $ 5,000.00 $ 5 Remove Existing Builidings and Sidewalk 1 LS $40,150 $40,150 $ 55,000.00 55,000.00 $ 37,581.00 $ 37,581.00 $ 65,000.00 $ 65,000.00 $ 20,000.00 $ 20,000.00 $ 34,800.00 $ 34,800.00 $ 6 Restroom Facility 1 LS $505,653 $505,653 $ 440,000.00 440,000.00 $ 533,373.00 $ 533,373.00 $ 500,000.00 $ 500,000.00 $ 558,000.00 $ 558,000.00 $ 405,766.00 $ 405,766.00 $ 7 Electrical, Sewer, Water 1 LS $20,000 $20,000 $ 58,000.00 58,000.00 $ 25,845.00 $ 25,845.00 $ 34,200.00 $ 34,200.00 $ 20,000.00 $ 20,000.00 $ 22,680.00 $ 22,680.00 $ 8 Concrete Sidewalk 175 SF $15 $2,625 $ 43,750.00 250.00 $ 52.00 $ 9,100.00 $ - 3,800.00 $ 30.00 $ 5,250.00 $ - 38,750.00 $ 9 Concrete Mow Curb 65 LF $25 $1,625 $ 22,750.00 350.00 $ 65.00 $ 4,225.00 $ - 3,000.00 $ 55.00 $ 3,575.00 $ - 6,250.00 $ 10 Landscape and Irrigation 1 LS $10,000 $10,000 $ 35,000.00 35,000.00 $ 4,434.00 $ 4,434.00 $ 15,000.00 $ 15,000.00 $ 11,000.00 $ 11,000.00 $ 25,000.00 $ 25,000.00 $ TOTALS $678,553 $ 670,157.00 785,000.00 $ 658,500.00 $ 674,325.00 $ 792,000.00 $ R Dependable Construction Inc. CS Legacy
HSIP 9-3 - Palm Drive Median Project - City Project No. 3021 Diamond Construction Inc. I.E. General Engineering JM Builders Inc.
ITEM EST.
NO. QTY.
9. 65 LF
10. 1 LS
DESCRIPTION
Concrete Mow Curb
(words)
Landscape and Irrigation
(words)
UNIT PRICE TOTAL
$ __ _
$ 15,DOOr
TOTAL BID
(wor
SIX HUNDRED FIFTY EIGHT THOUSAND AND FIVE HUNDRED DOLLARS AND ZERO CENTS. $658,500.00 The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays , after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereof may be considered null and void.
Signature of bidder �
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer and manager thereof.)
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SR-23-019
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Palm Drive and 8th Street Median Project
RECOMMENDATION:
Award the Construction Contract Agreement to the lowest responsive bidder, Onyx Paving Company, Inc. and authorize the City Manager to execute the agreement by and between Onyx Paving Company, Inc. and the City of Desert Hot Springs for the Construction of the HSIP 9-3 Palm Drive Median, Federal Project No. HSIPL-5384(025),City Project No. 3021 in the amount of $201,949 and approve a 10% contingency amount of $20,194.90, as-needed inspection services of $32,280, and as-needed material/equipment testing of $6,499.80, which brings the total project budget to not to exceed $260,923.70.
BACKGROUND:
In an effort to improve safety along the Palm Drive corridor, the City completed the Systemic Safety Analysis Report (SSAR) for Palm Drive, in which specific intersections and safety improvements were identified and recommended to help improve safety.
The City applied for grant funding from the Highway Safety Improvement Program (HSIP) for Cycle 9, and was awarded a total of $159,570 for the construction of a median, the installation of solar-powered flashing stop signs, and new pavement markings and signs for the intersection of Palm Drive and 8th Street.
Plans and Specifications were prepared for this median project as part of the overall Palm Drive North improvement project and were approved by the City. After the engineering design was completed and approved, Staff issued a Request for Proposal for construction of the Palm Drive and 8th Street Median Project.
DISCUSSION:
On December 1, 2022 the Request for Bid Proposal (RFP) for the Construction of HSIP 9-3 – Palm Drive Median Project, Federal Project No. HSIPL 5384(025), City Project No. 3021 was released. The Notice Inviting Bids was posted on the City’s website, in La Prensa Hispana newspaper, and with Planit Reprographics, a local valley clearing house for public bid solicitations. The RFP was released for 34 days, and on January 3, 2023, the following Bids were received and opened:
SR-23-019
Contractor Address Total Bid Amount
IE General Engineering 1440 Beaumont Avenue, Ste A2-130 Beaumont, CA 92223 $176,306
Onyx Paving Company, Inc. 2890 E. La Cresta Avenue
Anaheim, CA 92806 $201,949
Hardy & Harper, Inc. 32 Ranch Circle
Lake Forest, CA 92630 $262,636
CS Legacy 675 Brea Canyon Road, Ste 8
Walnut, CA 91789 $279,639
Staff reviewed the bids and verified all submittals. Although IE General Engineering was the apparent lowest bidder, after the review of their submittals it was determined that their bid was non-responsive and therefore disqualified. Their bid submittal had multiple errors and was missing key information that was required as part of their bid submittal package, such as the following items:
• Lack of evidence indicating the capacity of the person signing the bid (as required in the bidding checklist).
• Lack of sufficient DBE good faith effort (Per the Caltrans Local Assistance Procedures Manual, Section 9.9, if a bidder does not meet the DBE goal then the bidder must show that they took all necessary and reasonable measures to achieve the DBE contract goal. IE General Engineering made two phone calls as part of their Good Faith Effort, as compared to other bidders who contacted approximately 30 DBE's by email and fax, advertisements and Twitter). • Bid proposal did not have any amount in the Signed Bidder's Proposal total • Bid proposal did not write out the total amount on the Bid Sheets • Bid proposal did not provide original, signed documents, bonds, or notary's (the entire bid package was a copy and original signatures or notary's could not be verified) References were then called for IE General Engineering. One reference was unable to be reached, and one reference warned us to pay attention to the company's workmanship. Based on these items IE General Engineering's bid was deemed non-responsive and therefore disqualified.
Staff then completed a thorough review of all subsequent bid proposals and determined the lowest responsible bidder to be Onyx Paving Company, Inc. with a total bid amount $201,949. Onyx Paving Company, Inc's bid proposal was complete and met all submittal requirements. Staff verified references and found Onyx Paving Company, Inc. to meet the necessary qualifications. References spoke very highly of Onyx Paving Company, even recommending that we request a specific foreman. Another reference stated that they have since hired Onyx Paving Company for their on-call concrete repairs.
City staff determined Onyx Paving Company met all bid submittal requirements and was deemed the lowest responsible bidder, and is recommending City Council for award of construction agreement.
FISCAL IMPACT:
This project will be funded through the following funding sources:
HSIP Cycle 9 = $159,570.00
Measure A = $101,353.70
Total Project Budget = $260,923.70
SR-23-019
Contract Amount = $201,949
Contingency 10% = $20,194.90
As-needed Inspection Services = $32,280
As-needed Material/Equipment Testing = $6,499.80
Total Project Budget = $260,923.70
ATTACHMENTS:
Exhibit 1 - Project Plans
Exhibit 2 - Bid Proposal
Exhibit 3 - Notice Inviting Bids
Exhibit 4 - Bid Item Tabulation Table
Exhibit 5 - Public Works Construction Agreement
EN N S:
1. ITSI-IN.J.BETI‘fIERESPONSIBILI'TYOFTHE CONTRACTCRTOAPPLYTOTHE CTIYOF DESERTHOTSPRINGSENGINEERINGDEPARTMENT. PERMITSECTION.FOR AN ENCROACHMENTPERMI'TFOR ALL WORK PERFORMEDWITHINTHE PUBUC RIGHT—OF-WAY:
AND TO BE RESPONSIBLE FOR SATTSFACTORYCOMPLIANCEFOR AIJ. CURRENT
ENVIROMHENTALREGULATTONSDURINGTHE LIFE OF CONSTRUCTIONACTIVITIESFOR THIS PROJECT. ADDITTONALSTUDIESAND/ORPERMITSMAYBE REQUIRED.
2. THE CONTRACTORSI-INJ. BE RESPONSIBLEFOR THE CLEARINGOF THE PROPOSED WORK ARE. AM) RELOCATIONCOSTS OF AIJ. EXISTINGUTILITIES.PERMITTEEMUSTINFORMCITY OF DESERTHOT SPRINGSOF CONSTRUCTIONSCHEDULEAT LEAST48 HOURSPRIOR TO BEGIMOINGOF CONSTRUCTION. PHONE: (780) 329-6411 EXT. 224-.
3. Al.J. WORKSHALLCONFORMTO THESE PLANS.THE REQUIREMENTSOF THE CITYOF DESERTHOT SPRINGS.OR WHEREAPPLICABLE. THE CALIFORNIASTATE STANDARDSAND SPECIFICA'T“IT%NS. 2015 EDITION.COUNTYORDINANCENO. 4-61 AND SUBSEQUENT AMENDME .
4-. IT SHNJ. BE THE RESPONSIBIIJTYOF THE CONTRACTORTO INSTA|.L AND MAINTAINALL
CONSTRUCTIONREGULATORY,GUIDEANDWARNINGSIGNS WITHINTHE PROJECTUMITSIND
TTSSURROUNDINGTO PROVIDESAFE PASSAGEFOR THETRAVELINGPUBLIC AND WORKERS
UNTILTHE FINALCOMPLETIONAND ACCEPTANCEOF THE PROJECT BY THE CITY OF DESERTHOT SPRINGS.
5. ASPFVLTICEMULSION(FOGSEN.) SHALLBE APPLIEDNOT LESS THANFOURTEENDAYS FOLLOWINGPLACEMENTOF THE ASPHALTTCSURFACING.FOG SEAL AND PAINT BINDER SHALLBE APPUEDAT A RATEOF 0.05 AND 0.03 GALLONPR SQUAREYARD RESPECINELY.
6. ALLCONCRETECURBS.GUTTER,AND PERIMETERSTRUCTURESOR HEADERSSHALLBE IN PLACE PRIORTO PAVING.
7. COAT IS REQUIREDPRIOR TO PAVINGON ALI. GRADESIN EXCESS OF TEN PE NT.
8. CONSTRUCTIONPROJECTSDISTURBINGMORETHANONE ACRE MUST OBTANA IMTIONAL POI_LUTANT DISCHARGEELIMINATION SYSTEM(NPDES)PERMIT.THE CONTRACTORIS TO
WATER POLLUTIONPREVENTIONPLAN(SWPPP)ANDA MONITORING
9. DUST SHM.L BE CONTROLLEDBY WATERINGOR OTHER APPROVEDMETHODSAS OUTUNED IN THE CITY'SPM10 REQUIREMENTS. A PM10 PLANSHALLBE SUBMITTEDIF REQUIRED.
10. AN APPROVEDSOIL STERILIZERSHALLBE USED ON AU. SUBGRADESURFACES PRIOR TO PLACEMENTOF PAVING.
sT TING I s
1. TRAFFICSTRIPES.TRAFFICSIGNING.PNEMENTLEGENDS.MARKINGSAND RAISEDPAVEMENT
MARKERSSHALLCONFORMTO THE FOLLOWINGCNJFORNIADEPARTMENTOF TRANSPORTATTON CALTRANS)DOCUMENTS:MUTCD(CA), MAINTENANCEMANUAL. STANDARDPLANS, AND ANDARDSPECIFICATIONS,AS MOSTRECENTLYREVISED.
2. REFI.ECTORIZEN.L STRIPES AND LEGENDSWITHGLASS BENDS.
3. WHEREPAINTIS SPECIFIED. TRAFFICSTRIPES AND MARKINGSSHALLBE APPUED IN TWO COATS A MINIMUMOF 7 DAYS APART.
4. A|.L STOP BARS,UMITLINES, CROSSWALKS,PAVEMENTARROWS.AND PAVEMENTLEGENDS SHALLBE THERMOPLASTIC.
5. ALLCONFLICTINGTRAFFICLINES, CURB PAINT.AND MARKINGSSHALLBE REMOVEDBY WET SNIDBLASTINGOR OTHERAPPROVEDMETHODPRIOR TO INSTALLATIONOF NEWSTRIPING. ALL CONFIJCTINGRAISEDPAVEMENTMARKERSSHALLBE REMOVED. PAVEMENTHATIS DAMAGED DUE TO REMOVALOF MARKERSSHALLE REPNREDTO THE SATISFACTIONOF THE ENGINEER.
6. ALL RMSEDPAVEMENTMARKERSSHALLBE PLASTTC.
7. N.L REFLECTIVERAISEDPAVEMENTMARKERSSHALL BE INSTAI.l.EDUSING EPOXYADHESIVE.
NON-REFLECTTVEPAVEMENTMARKERSSHALLBE INSTALLEDUSING BITUMINOUSADHESNE.
8. ALL STRIPINGAND PAVEMENTMARKERLOCATIONSSHALL BE CAT—TRACKEDAND APPROVEDBY THE ENGINEEREEDBTO» INSTALLATION.
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City of Desert Hot Springs
Bid Sheets for
HSIP 9-3 — Palm Drive Median Project
Federal Project No. 5384(025)|City Project No. 3021
IN THE CITY OF DESERT HOT SPRINGS
TO THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the Special Provisions and read the accompanying instructions to bidders, and hereby proposes and agrees, if the bid proposal is accepted, to furnish all materials a11ddo all work required to complete the said work in accordance with the said Standard Speci?cations, Special Provisions, Technical Speci?cations, and Project Plans in the time and manner therein Prescribed for the unit Price set forth in the folowing schedule:
ITEM EST. UNIT EXTENDED
NO. DESCRIPTION UNIT QTY PRICES AMOUNT
l Mobilization / Demobilization LS 1 $ #70% $ ?-)O?-Q
2 Traffic Control LS 1 $ 53,ia? $ $3,000
3 Fugitive Dust Control LS 1 $ 3,0“) $ E;O0O
4 Construction Survey and Staking LS 1 $ 2].)000 33’-h000 Sawcut and Remove Existing
5 Asphalt Concrete Pavement and
‘ Excavate/F ill for Proposed CY 200 $ :5 av‘loci)
Improvements
6 Scarify, Moisture, Condition, and
Compact 8-inch Subgrade SF 5’400 $ 9‘ $
l/018w
7 Construct PCC Median Curb LF 481 $ $ (43,,
Construct Stamped and Colored
8 Concrete Pavement between Median SF 2,063 $ $ 30,‘?V]5 Curbs
9 Construct 4-inch Thick Aggregate
Base Course TON 75 $ $ W)O00
10 Construct 5-inch Thick Asphalt
Concrete Pavement TON loo $
i $ £51000
11 Remove Existing Sign Post and
Footing Complete EA 4 $ 0
$
12 Install Solar-Power Flashing Rl—l
Sign on New Post EA 4 $3 “S200$ 6 I 9
B-4
City Project: 3021 City of Desert Hot Springs Page 119 of 236 ITEM
UTH NO. DESCRIPTION T EST. UNIT EXTENDED
QTY PRICES AMOUNT
13 Install Solar—PowerFlashingW1 1-2
Sign on New Post EA 4 $&.; $ $5 %
14 RelocateExisting Street Name Sign
to New Sign Post EA 4 3; I50 $
Install Pavement Striping Lines, 15 Markings,Legends, and Pavement LS 1 $ 5, $ Markers 000 TOTAL BID $ 620$; ???
Two -Huumzeb A-ND owe THOUSPNDI
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(words) 00/[DO
Signature of bidder
COREY R. Kl SCHNER — CEO, PRES, VP, SEC, TREA (If an individual,so state. If a ?rm or co-partnership, state the ?rm name and give the names of all individualco-partners composing the ?rm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof.) ONYXPAVING COMPANY,INC.
_COREYR. KIRSCHNER— CEO, PRES, VP, SEC, TREA
2890 E. LACRESTA AVE. ANAHEIM,CA 92806
BusinessAddress
714-632-6699
TelephoneNumber
Dated: 12/29 , 20 22
B-5
City Project: 3021
City of Desert Hot Springs Page 120 of 236
NIB-1
City Project: 3021 City of Desert Hot Springs
CITY OF DESERT HOT SPRINGS
NOTICE INVITING SEALED BID PROPOSALS
for
Federal Project No. HSIPL 5384(025) | City Project No. 3021 HSIP 9-3 – Palm Drive Median
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for street improvements including sidewalk, ADA ramps, striping and the performance of other appurtenant works as more particularly described in the specifications under Federal Project No. HSIPL 5384(025) – City Project No. 3021, HSIP 9-3 – Palm Drive Median, in the City of Desert Hot Springs.
The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2:00 p.m. on January 3, 2023. Public Works “Bid: HSIP 9-3 – Palm Drive Median, City Project No. 3021” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240. The bids will then be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 2:00 p.m. on January 3, 2023.
The bids must be submitted on the proposal forms included in the bidder's package of the contract documents.
SCOPE OF WORK: The Project includes, without limitation, furnishing all necessary labor, materials, equipment, and other incidental and appurtenant work necessary to satisfactorily complete the Project, as more specifically described in the contract documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of bids. Actual quantities of work to be performed may vary at the discretion of the City Engineer.
The HSIP 9-3 – Palm Drive Median Project is consisting of removal and existing improvements and the construction of concrete median curb and stamped and colored concrete; placement of asphalt concrete pavement on aggregate base adjacent to new concrete improvements; installation of solar-powered flashing traffic signs on new poles; and the installation of new pavement markers and thermoplastic and paint traffic lines, markings, and legends.
TIME OF COMPLETION: BIDDER must agree to commence work within 5 days of the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 30 working days.
OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the HSIP 9-3 – Palm Drive Median are ONLY available to be ordered online at; www.planitreprographics.com. For orders by phone contact: Planit Reprographics at (760) 345-2500.
NIB-2
City Project: 3021 City of Desert Hot Springs
Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning (760) 329-6411 ext. 220.
INCORPORATION OF STANDARD SPECIFICATIONS: The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); Mission Springs Water District (MSWD), “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities,” Latest Manual; Southern California Edison, “Underground Structures Standard (USG),” Latest Manual; “Standard Specifications for Public Works Construction,” 2015 Edition, as published by Building News, Inc.; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The MSWD, on-line version of the manual is available at MSWD Web site, the SCE “Underground Structures Standard (USG) Manual,” on-line version of the manual is available at SCE’s Standards & Publications Web site, “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site: http://caltrans-opac.ca.gov/publicat.htm.
ADDITIONAL BID INFORMATION AND REQUIREMENTS: Pre-bid inquiries should be directed to Mrs. Jilleen Ferris, P.E. City Engineer at (760) 329-6411 X 220, or via email at [email protected]. Pre-Bid questions regarding Plans and Specifications shall be submitted to: John Gabor via email only at [email protected]. Include “Pre-bid Questions for HSIP 9-3 - Palm Drive Median, Project No. 3021” in the “Subject Line”. Pre-bid questions will not be accepted after 2 p.m. on Tuesday, December 20, 2022.
The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.
The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City non- responsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.
A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.
The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.
The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.
Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City hereby
NIB-3
City Project: 3021 City of Desert Hot Springs
affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
The City supports and encourages equal opportunity contracting.
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS: In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirement of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public works, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].
BONDS: Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.
The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:
A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.
A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.
A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.
A “Certificate of Worker’s Compensation Insurance”.
And a “Certificate of Commercial Vehicle Liability Insurance” (See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.
Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.
As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.
FEDERAL FUNDING: This project is being financed with Highway Safety Improvement Program (HSIP) funding.
PREVAILING WAGES: Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set
NIB-4
City Project: 3021 City of Desert Hot Springs
forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.
The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.
TRENCHES AND OPEN EXCAVATIONS: Pursuant to Labor Code Section 6707, if this project involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid submitted in response hereto shall contain, as a Bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.
LICENSES: Each Bidder shall possess a valid Class “A” General Engineering Contractor’s License. For any electrical work he shall possess a C-10 Electrical Contractor License. The respective License has to be issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. The successful Contractor must also possess a current City business License.
RETENTION SUBSTITUTION: Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.
TRADE NAMES OR EQUALS: Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than ten (10) Calendar Days before the Bid submission deadline. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.
LIQUIDATED DAMAGES: Liquidated damages shall accrue in the amount of $2,900 for each calendar day that work remains incomplete beyond the Project completion deadline specified in the Contract Documents.
BIDDING PROCESS: The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any bid or in the bidding, as deemed to be in its best interest.
NIB-5
City Project: 3021 City of Desert Hot Springs
DISADVANTAGED BUSINES ENTERPRISE (DBE): The City is implementing the California Department of Transportation (Caltrans) DBE program applicable to all federally funded local transportation projects. The DBE contract goal for the Project is 15 Percent (15%).
BUY AMERICA: The Project is subject to the “Buy America” provisions, 23 USC 313, and regulations, 23 CFR 635.410, issued pursuant thereto.
PROPOSED CONSTRUCTION SCHEDULE: The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.
December 1, 2022 Request For Proposal Advertised
December 20, 2022 Questions Submitted by 2:00 PM
January 3, 2023 Seal Bid Submitted by 2:00 PM
January 17, 2023 Anticipated award of construction contract January 17, 2023 Contracts fully executed / Notice to proceed issued February 13, 2023 Construction begins
March 27, 2023 Construction completed
CITY OF DESERT HOT SPRINGS
JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive,
Desert Hot Springs, California 92240
(760) 329-6411
Published: December 1, 2022
Item Description Est. Qty. Unit Price
Engineers
Estimate
1 Mobilization 1 LS $20,000 $20,000 $ 25,000.00 25,000.00 $ 7,076.00 $ 7,076.00 $ 23,100.00 $ 23,100.00 $ 44,408.00 $ 44,408.00 $ 2 Traffic Control 1 LS $35,000 $35,000 $ 20,000.00 20,000.00 $ 32,000.00 $ 32,000.00 $ 49,830.00 $ 49,830.00 $ 30,825.00 $ 30,825.00 $ 3 Fugitive Dust Control 1 LS $8,000 $8,000 $ 5,000.00 5,000.00 $ 3,000.00 $ 3,000.00 $ 9,350.00 $ 9,350.00 $ 8,122.00 $ 8,122.00 $ 4 Construction Survey and Staking 1 LS $20,000 $20,000 $ 5,500.00 5,500.00 $ 7,000.00 $ 7,000.00 $ 5,555.00 $ 5,555.00 $ 5,821.00 $ 5,821.00 $ 5 Sawcut & Remove Ex. Asphalt Concrete Pavement & Base & Excavate/Fill for Proposed Improvements
200 CY $60 $12,000
$ 25,000.00 125.00 $ 120.00 $ 24,000.00 $ 152.00 $ 30,400.00 $ 186.00 $ 37,200.00 $ 6 Sacarify, Moisture Condition, & Compact 8" Subgrade 5,400 SF $0 $2,160 $ 4,050.00 0.75 $ 2.00 $ 10,800.00 $ 3.43 $ 18,522.00 $ 5.60 $ 30,240.00 $ 7 Constr. PCC Median Curb 481 LF $50 $24,050 $ 14,430.00 30.00 $ 88.00 $ 42,328.00 $ 67.00 $ 32,227.00 $ 47.00 $ 22,607.00 $ 8 Constr. Stamped & Colored Concrete Pavement between Median Curbs
2,063 SF $14 $28,882
$ 24,756.00 12.00 $ 15.00 $ 30,945.00 $ 16.00 $ 33,008.00 $ 21.00 $ 43,323.00 $ 9 Constr. 4" Thick Aggregate Base Course 75 TON $55 $4,125 $ 5,625.00 75.00 $ 80.00 $ 6,000.00 $ 168.00 $ 12,600.00 $ 70.00 $ 5,250.00 $ 10 Constr. 5" Thick Asphalt Concrete Pavement 100 TON $115 $11,500 $ 25,000.00 250.00 $ 150.00 $ 15,000.00 $ 260.00 $ 26,000.00 $ 202.00 $ 20,200.00 $ 11 Remove Ex. Sign Post & Footing Complete 4 E
A $1,000 $4,000 $ 550.00 137.50 $ 150.00 $ 600.00 $ 138.00 $ 552.00 $ 145.00 $ 580.00 $ 12 Install Solar-Power Flashing R 1-1 Sign on New Post 4E A $4,000 $16,000 $ 7,920.00 1,980.00 $ 2,200.00 $ 8,800.00 $ 1,980.00 $ 7,920.00 $ 3,085.00 $ 12,340.00 $ 13 Install Solar-Power Flashing W 11-2 Sign on New Post 4 E A $4,000 $16,000 $ 7,920.00 1,980.00 $ 2,200.00 $ 8,800.00 $ 1,980.00 $ 7,920.00 $ 3,085.00 $ 12,340.00 $ 14 Relocate Ex. Street Name Sign to New Sign Post 4E
A $750 $3,000 $ 550.00 137.50 $ 150.00 $ 600.00 $ 138.00 $ 552.00 $ 116.00 $ 464.00 $ 15 Install Pavement Striping Lines, Markings, Legends, and Pavement Markers
1 LS $5,500 $5,500
$ 5,005.00 5,005.00 $ 5,000.00 $ 5,000.00 $ 5,100.00 $ 5,100.00 $ 5,919.00 $ 5,919.00 $ TOTALS $210,217 $ 201,949.00 176,306.00 $ 262,636.00 $ 279,639.00 $ HSIP 9-3 - Palm Drive Median Project - City Project No. 3021 IE General Engineering Onyx Paving Company Hardy & Harper, Inc. CS Legacy
PUBLIC WORKS CONSTRUCTION AGREEMENT
BYAND BETWEEN
THE CITY OF DESERT HOT SPRINGS
AND
ONYX PAVING COMPANY, INC.
THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this day of , 20_, 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 "City," and Onyx Paving Company, a Corporation, hereinafter referred to as "Contractor."
RECITALS I WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform street median extension and construction as more particularly described below; and
WHEREAS, Contractor represents that it is fullyqualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. I
I NOW THEREFORE, IN CONSIDERATION OF THE MUTUALPROMISES AND
RELEASES CONTAINED HEREIN, ANDIFOR OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
1. Incorporation by Reference
The foregoing recitals are hereby expressly made a part of this Agreement as though fullyset forth herein.
2. Project Information.
0 Location: Palm Drive between 7"‘Street and 8”‘Street as depicted in Contractor's proposal dated December 29, 2022, and attached hereto and incorporated herein as Exhibit "A” (“Scope of Services” or sometimes “Project”). In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede. 0 Project description, including signi?cant materials to be used and equipment to be installed: construction of new median, asphalt/concrete pavement, new solar power ?ashing signs, and pavement striping, in the City of Desert Hot Springs, California, as set forth in the Scope of Services.
0 License classi?cation applicable to Project: Class “A” General Engineering Contractor’s License; All electrical work shall be performed by a licensed C10 Contractor C-1
City P'°j°°t3 3°_21 . City of Desert Hot Springs
0 Approximate start date: February 13, 2023
0 Approximate completion date: March 27, 2023
o Substantial completion of work evidenced by: Inspection and approval by City Staff.
o It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.
o The parties agree that the speci?cations, standards, and procedures set forth in the 2015 Greenbook: Standard Speci?cations for Public Works Construction (“Greenbook”) shall govern the completion of the Project, and to such extent the Greenbook is incorporated herein by this reference; provided, however, in the event any con?ict exists between this Agreement and the Greenbook, this Agreement shall supersede unless othenivise required by law.
3. Contractor Information
0 Address: 2890 E. La Cresta Avenue, Anaheim, CA 92806
o License Number: 630360
4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, untilexpiration of the term of this Agreement as de?ned in Section 9, commercial general liabilityinsurance of not less than One MillionDollars ($1,000,000) combined single limitper occurrence, and Two MillionDollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its of?cers, employees, servants, volunteers and agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clari?cation with the intention of avoiding gaps in coverage with any umbrella or excess insurance, 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. b. Contractor shall further procure and maintain at its own expense, until expiration of the term of this Agreement as de?ned in Section 9, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two MillionDollars ($2,000,000) combined single limitper occurrence, and Two MillionDollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its of?cers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Unless Contractor has no employees and is exempt from worker's compensation requirements, Contractor shall further procure and maintain at its expense, until expiration of the term of this Agreement as defined in Section 9,? workers’ compensation insurance providing coverageas required by the California State Workers‘ Compensation Law. If any class of employees employed by the Contractor pursuant to C-2
City Project: 3021 City of Desert Hot Springs
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this Agreement is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Project to do the same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers’ compensation requirements.
0 Contractor carries workers’ compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an “A"policyholder’s rating or better and a ?nancial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor 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. Contractor 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. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor 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. Contractor 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 Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or their of?cers, employees, servants, volunteers, agents and independent contractors.
5. Insurance Documentation
a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certi?cates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Contractor shall ensure that the most current certi?cation of insurance shall be delivered to and retained by the City at all times until expiration of the term of this Agreement as de?ned in Section 9.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the comprehensive general C-3
City Project: 3021 . City of Desert Hot Springs Page 129 of 236 liability and commercial vehicle liability policies shall bearendorsements whereby it is provided that the City, and its of?cers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full bene?t of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the bene?ts conferred upon them other than policy limitsto coverages.
c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and their of?cers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by either party, or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with at least thirty (30) days prior written notice ofsaid cancellation, non-renewal, or reduction, with the exception that only ten (10) days prior written notice shall be required in the event of cancellation for nonpayment of premium.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and their of?cers, employees, servants, volunteers, agents and independent contractors.
6. Security
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit in an amount equal to Two Hundred Thousand Nine Hundred Forty—NineDollars and No Cents ($201,949), as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a ?nancial rating of Class V, or better, in accordance with the current Best's Rating.
b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “C,"or deposit an amount with the City equalto Two Hundred Thousand Nine Hundred Forty-Nine Dollars and No Cents ($201,949), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a ?nancial rating of Class V, or better, in accordance with the current Best's Rating.
c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.
d. The payment bond shall remain in force and shall not be released until at least seven (7) months after the date of recordation of the Notice of Completion or Notice of Acceptance, whichever occurs ?rst. The performance bond shall remain in force until at least (1) C-4
City Project: 3021 City of Desert Hot Springs Page 130 of 236 year after the date of ?nal acceptance of the Project, unless the City determines, in its sole and absolute discretion, to release the Performance Bond earlier and noti?es Contractor of the same in writing.
7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed Two Hundred Thousand Nine Hundred Forty-Nine Dollars and No Cents ($201,949) for the services rendered by Contractor pursuant to this Agreement, including pro?t, labor and materials, in accordance with the Scope of Services.
b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount speci?ed in the invoice within 30 days of receipt by the City, provided that the services re?ected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. Pursuant to Public Contract Code section 9203, the City shall retain no less than ?ve percent of the compensation to be paid to Contractor which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.
8. Extra Work and Change Orders
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writing and signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Contractor to perform any extra work or a change in work without written authorization.
A change order shall not be enforceable against the City unless the change order complies with this provision.
9. Term
Contractor will perform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which shall commence as of January 12, 2023, and shall expire one (1) year following the City's acceptance of the Project pursuant to this Agreement, or upon release of the Performance Bond in accordance with Section 6.d. of this Agreement, whichever occurs first.
10. Independent Contractor
Contractor shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or bene?ts afforded to City employees and not to independent contractors.
11. Civil Code Section 1542 Waiver
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City Project: 3021 City of Desert Hot Springs Page 131 of 236 a. Contractor expressly waives any and all rights and bene?ts conferred upon it by the provisions of section 1542 of the California CivilCode which reads as follows:
“Ageneral release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which ifknown by him must have materially affected his settlement with the debtor.” b. This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilitiesand 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. Contractor further represents and warrants that it understandsthis waiver and that ifit does not understand this waiver, it shall seek the advice of a quali?ed attorney before executing this Agreement.
Initials
12. Acceptance of Work
Acceptance of the Project shall be by action of the City Council or its designee.
Neither the acceptance nor prior inspections or failure to inspect shall constitute a waiver by the City of any defects in the Project. From and after acceptance, the Project shall be owned and operated by the City. As a conditionto acceptance, Contractor shall certify to the City in writing that all of the Project performance has been performed in strict conformity with this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.
13. Warrang
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and ?t for the purpose and intended use for a duration that shall continue until expiration of the term of this Agreement as described in Section 9, or the longest period permitted by law, whichever is later. Ifany defects in materials or workmanship become evident prior to expiration of the warranty granted in this Section, the Contractor shall, at its own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the this Agreement. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective. In the event of a failure to commence with the compliance of above-mentioned conditions within seven (7) calendar days after being noti?ed inwriting or failure to diligently pursue such compliance to completion, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediately on demand.
b. If, in the opinion of the City, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice.
IfContractor cannot be contacted or does not comply with the City’s request for correction C-6
City Project: 3021 City of Desert Hot Springs Page 132 of 236 within a reasonable time as determined by the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City will not relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement.
c. This section does not in any way limitthe City's remedies available under the law, or the guarantee or warranty on any items for which a longer guarantee is speci?ed or on any items for which a manufacturer or supplier gives a longer guarantee or warranty period. Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certi?cates upon completion of the Project. No manufacturer's guarantee period shall in any way limitthe liability of Contractor or Contractor's sureties and insurers under the indemnity or insurance provisions of this Agreement.
14. Indemnification
a. Contractor shall defend, indemnify and hold harmless the City, their of?cers, of?cials, 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 and expenses in connection therewith) arising out of the performance of this Agreement, except for any such claim arising out of the sole or active negligence or willful misconduct of the City, or their of?cers, agents, employees or volunteers. b. If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its of?cers, of?cials, employees, agents and volunteers to the same extent as Contractor is required in the preceding paragraph.
c. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certi?cate required pursuant to this Agreement. The hold harmless, indemni?cation 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. d. Notwithstanding the foregoing provisions of this section, Contractor 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 Contractor’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 Contractor’s control, or for which Contractor is without fault.
e. This section shall survive termination or expiration of this Agreement.
15. 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 othenrvise claimed to be in default by the other party C-7
City Project: 3021 City of Desert Hot Springs Page 133 of 236 commences to cure, correct or remedy the alleged default within ?fteen days after receipt of written notice specifying such default and shall diligentlycomplete 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 speci?ed 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 ?fteen days followingwritten notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
16. Licenses, Certi?cations and Permits
Contractor represents that it has obtained and willmaintain at all times during the term of this Agreement all professional and/or business licenses, certi?cations and/or permits necessary for performing the services described in this Agreement.
17. Labor Laws, Prevailing Wages
a. Allwork or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individualslawfullypermitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Contractor 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 HlV and Aids), medical condition (cancer and genetic characteristics), genetic information, military or veteran status, marital status, gender, gender identity, gender expression, sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), age or sexual orientation. Unless othenrvise permitted under the law, Contractor 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.
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City Project: 3021 City of Desert Hot Springs Page 134 of 236 c. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Contractor and all subcontractors pursuant to this agreement shall comply with the Davis-Bacon Fair Labor Standards Act, 23 USC 113. Contractor agrees to not pay less than the higher wage rate between the minimum wage rates determined by the Director of California Department of Industrial Relations and the Federal Wage General Decision, Number: CA20220025, attached hereto in Exhibit “D" and incorporated herein by this reference.
Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of industrial Relations ofthe State ofCa|ifornia has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ lnternet website at http://www.dir.cagtMdlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor's responsibility to ensure that the prevailing wage rates of concern are current and paid. Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the City twenty—fivedollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 ofthe Labor Code. In the event the total cost ofthe Project is thirty thousand dollars ($30.000_00) or more, Contractor shall further comply with provisions set forth in Labor Code Section 1777.5 pertaining to ernpioyment of properly registered apprentices, including without limitation the obligation to (i) pay employed apprentices the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio as set forth in said section; (iii) submit contract award information to an applicable apprenticeship program; and (iv) contribute to California Apprenticeship Council.
d. Contractor and all subcontractors hired to perform any work under the C-9
City Project: 3021 City of Desert Hot Springs Page 135 of 236 Project shall keep accurate payroll records, including the name, address, social security number, work classi?cation, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE")or in a manner containing the same information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be veri?ed by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certi?ed copy of all payroll records available for inspection by DLSE, the City or any member of the public and othenlvise provide certi?ed copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h).
e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors and subcontractors must be registered with the Department of Industrial Relations (“Department")pursuant to Labor Code Section 1725.5 in order to be quali?ed to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In accordance with Section 3700 of the Labor Code, Contractor must secure payment of compensation to all Contractor’s employees.
Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.
18. Reguired Contract Provisions for Federal Aid Construction Contracts jFHWA-1273)
This Contract is funded with Federal-Aid Highway funds subject to provisions under Title 23 of the United States Code (23 USC). As such the Contractor agrees to the following provisions titled, “Required Contract Provisions for Federal Aid Construction Contracts”, excluding Attachment A - Employment and Material Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts. The Contractor agrees to insert these provisions, unaltered, into each subcontract and further require their inclusion in all lower tier subcontracts excluding purchase orders, rental agreements, and other agreements for supplies or services.
Complete form 1273 is attached hereto as Exhibit “D” and incorporated herein by this reference.
19. Notices
c-A10
City Project:3021 City of Desert Hot Springs Page 136 of 236 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, certi?ed or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
To Contractor: Corey R. Kirschner - CEO
Onyx Paving Company, Inc.
2890 E. La Cresta Avenue
Anaheim, CA 92806
Telephone: (714) 632-6699
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.
20. General Conditions
a. 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.
b. 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. c. 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 of any other default by the other party. d. 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. e. Litigation Expenses and Attorneys Fees. In the event any action, suit or proceed'ng is brought for the enforcement of, r the declaration ogany right or obliga ion pursuan to this Agreemen? or as a result of a y alleged breach fany provision of his Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its C-1 1
City Project: 3021 A City of Desert Hot Springs Page 137 of 236 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. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
g. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. 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. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Con?icts of Interest. Contractor covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would con?ict in any manner with the performance of Contractor's services under this Agreement. Inthe event the City of?cially determines that Contractor must disclose its ?nancial interests by completing and ?ling a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall ?le the subject Form 700 with City Hall, as speci?ed under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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, City Project: 3021
’ City of DesertHotsprings Page 138 of 236
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date ?rst written above.
CITYOF DESERT HOT SPRINGS ONYXPAV|NG COMPANY ‘NC
Luke Rainey, City Manager B |t5; Corey Kirschner President I ATTEST:
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
Jennifer A. Mizrahi, City Attorney
C-1 3
City Project: 3021 City of Desert Hot Springs Page 139 of 236 ,
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certificate verifiesonly the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On [am [am 13 21123 before me, Ashlie Blanchard NotarvPublic , Date Here Insert Name and Title of the Officer personally appeared Corev R. Kirschner /
Name(?f ofSigner(]J)I
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/am subscribed to the within instrument and acknowledged to me that he/sbfe/they executed the same in his/haer/theirauthorized capacitylies), and that by his/her/their signature(:;) on the instrument the person(3), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PEFlJUFlYunder the laws
of the State of California that the foregoing paragraph is true and correct.
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OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
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El Partner —— El Limited El General [3 Partner — El Limited D General El Individual E] Attorney in Fact El Individual D Attorney in Fact ElTrustee ElGuardian or Conservator ElTrustee l:l Guardian or Conservator El Other: El Other:
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EXHIBIT“A”
SCOPE OF SERVICES
SEE ATTACHED PROPOSAL
DATED DECEMBER 29, 2022
C-14 A
_ City Project: 3021 City of Desert Hot Springs
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City of Desert Hot Springs
Bid Sheets for
HSIP 9-3 - Palm Drive Median Project
Federal Project No. 5384(025)|CityProject No. 3021
IN THECITY OF DESERTHOT SPRINGS
TO THE CITY COUNCILOF THE CITY OF DESERT HOT SPRINGS,CALIFORNIA The undersignedas bidder declaresthat he has carefully examinedthe location of the proposed work, that he has examined the Special Provisionsand read the accompanyinginstructionsto bidders, a.ndherebyproposes and agrees, if the bid proposal is accepted, to furnish all materials and do all work required to complete the said work in accordancewith the said Standard Speci?cations,Special Provisions,TechnicalSpeci?cations, and Project Plansin the time and manner thereinprescribedfor the unit price set forthin the following schedule:
City Project: 3021
112%“ DESCRIPTION UNIT Pg’I"C’},:S El’:nTa'é“3;';D
1 Mobilization/ Demobilization L5 1 s
:50% $ 4, o-7-Q;
2 TrafficControl LS l 3 53,M) s g;,,o0o
3 FugitiveDustControl LS I $ 5,o(x) $ E;O0O
4 ConstructionSurvey and Staking LS 1 $ 1})000 $ Th000
T Sawcut and RemoveExisting
5 AsphaltConcretePavementand _ Excavate/Fillfor Proposed CY 200 S [310 S 3M‘O09 improvements
5 Scarify, Moisture,Condition, and . _ Compact8-inchSubgrade SF 5’400 $ 9‘ s W16“? 7 Construct PCC MedianCurb LF 481 $ 68 5 qgt, gm
Construct Stampedand Colored
8 gilngsrete PavementbetweenMedian SF 2.063 53 $ 30.61L45 .lB
9 Construct 4-inchThickAggregate
Base Course TON 75 $ $ (I) O00
10 Construct 5-inchThickAsphalt
Concrete Pavement TON 100 $ ( 50 S 951000
11 RemoveExistingSign Post and
FootingComplete EA 4 $ O s U00
12 Install Solar-Power FlashingRI-l . . Sign on New Post EA 4 $3‘‘£00 $ 6 I 9 B-4
City of Desert Hot Springs
ITEM
NO. DESCRIPTION "MT EsT. UNIT EXTENDED
QTY PRICES AMOUNT
13 InstallSolar-PowerFlashingWl l-2
Sign on New Post EA 4 $&,300 $ (6: goo
14 RelocateExistingStreetNameSign
to New Sign Post
_L
EA 4 $
i50 $ 600
InstallPavementStripingLines. 15 Markings.Legends,and Pavement LS l 3:‘5,000 $ Markers 5 000 TOTALBID s éloh??fl
’\'w0»H\mD1ze-D/we ozue-rnousawv;
TOTALBID mpg ?gguvg? mt!-T‘t—NI~e,6v6Ns 9~0l?‘4‘\
(words) 00/,00
security accompanying his bid proposal shall becomethe property of the City of Desert Hot Springs,and thisbid proposal and he acceptance thereofmaybe considerednull and void.
COREYR. Kl SCHNER- CEO.PRES.VP.SEC, TREA (If an individual. so state. If a firmor co-partnership,state the firmnameand give the namesof all individualco-partners composingthe firm. If a corporation, state legal name of corporation, alsonamesof president,secretary, treasurer, andmanagerthereof.) ONYXPAVINGCOMPANY,INC.
COREYR. KIRSCHNER- CEO, PRES, VP, SEC.TREA
2890 E. LACRESTAAVE. ANAHEIM,CA 92806
BusinessAddress
714-632-6699
TelephoneNumber
Dated: 12/29 , 20 22
Signature of bidder
B-5
Cily>Project: 3021
City of Desert HotSprings
ORIGINALISSUEDINTRIPLICATE Bond No_ 0765291
Premium Included in Cost
of the Perfonnance Bond
EXHIBIT“B”
PAYMENT BOND
We, Onyx Paving Company, Inc. , as Principal, and Harco National Insurance Company, as Surety, jointly and severally, ?rmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”)and those for whose bene?t this bond insures in the sum of Two Hundred oneThousand Nine Hundred Forty Nine U.S. Dollars and No Cents ($ 201,949.00 ). CITYand Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements forthe property referenced in said agreement. Surety herein approves ofthe terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITYand Principal. IfPrincipal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the perfonnance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum speci?ed above, and also shall pay, in case suit is brought upon this bond, such reasonable attomeys' fees as shall be ?xed by the court.
Surety agrees that itshall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and withinthe time speci?ed in the agreement.
If Surety fails to perform within the times speci?ed in the agreement, Surety shall promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and CITYregarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.
This bond shall insure to the bene?t of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the tenns of the agreement, or the work to be perfonned thereunder, or the plans and speci?cations, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.
Principal and Surety agree that should CITY become a party to any action on this bond, that each willalso pay CITY'S reasonable attorneys‘ fees incurred therein in addition to the above sums.
C-15
City Project: 3021 City of Desert HotSprings
Executed this 11m day of Januarv , 20 23 . Ony P rng Company, Inc.
Seal of Corporation By
A thorized Representative of Principal
Title Core Pre::’<’onL /
(ATTACH ACKNOWLEDGEMENT) By ‘
I
Authorized Representative of Principal
Title ?grgiy5‘¢5;gm Secrrtary
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( ) Harco National Insurance Company Performance Bonding Surety Surety C°mpa”y
Q ngyranga Bmjgggagg 2499E KatellaAve §2§Q
Name Street Number
15901 Red HillAvenue Suite 202 h i A
Street Number City and State
Tustin California 92780 (551) §g¢g§§Q
City and State
(Z14l 505-7011 Qhrigtina Rgg§[§ Angmgr [1-Eagj
Telephone Number
Represen ative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
( ) Performance Bonding Surety & Insurance Brokerage
Company Agent
15901 Red HillAvenue Suite 202
Street Number
APPROVED AS TO FORM: Tustin California 92780
City and State
§714) 505«7011
City Attorney
Furnish the name, address and phone number of the company agent as well as the surety company,
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
C-16
City Project: 3021 City of Desert Hot Springs
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officercompleting this certificate verifies only the identity of the individualwho signed the document to which this certificateis attached, and not the truthfulness, accuracy.or validityof that document.
State of California )
County of Orange )
On J.anuary 11 2023 before me, Ashlie Blanchard Notarv Public , Date Here insert Name and Title of the Of?cer personally appeared Corey R. Klrschner r J Namelii of Signerlil) v who proved to me on the basis of satisfactory evidence to be the persona? whose name(sj is/awe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hver/theirauthorized capacitylies), and that by his/hnr/their signature(x) on the instrument the person(sx), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph .‘=(_~¢_1' ~ is true and correct. '\
_ ASHLJE B‘L‘*"lCH/‘RD WITNESS my hand and official s at. Comm #2279550 . , NfiiiiiiPuhlic?ulifornia V onmce comm ‘ _ mun F_\l)iri?5M£iiLh3 Signature M
7023 «AA¢v-n,
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FRSJ
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
El Corporate Officer -— Tit|e(s): ElCorporate Officer — Title(s):
Cl Partner — El Limited El General [I Partner — El Limited D General Clindividual E] Attorney in Fact ClIndividual E] Attorney in Fact ElTrustee El Guardian or Conservator ElTrustee El Guardian or Conservator Cl Other: El Other:
Signer is Representing: Signer ls Representing:
X " . .' ,
' 2 ., _.’._ _ 2 ©2014 NationalNotaryAssociation- www.Nationa|Notary.org- 1—800—USNOTARY(1—800—876—6827) item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certi?cate veri?es only the identity ofthe individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy. or validity ofthat document.
State ofCalifornia
County of Orange
On JANl l 2025 , before me, Alba” Me'e“d°Z , Notarv Public. personally appeared Christina ROQGFS
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/axe subscribed to the within instrument and acknowledged to me that l>{e/she/th>éyexecuted the same in l?s/her/their authorized capacity(ixs), and that by h>is/her/theirsignature(x) on the instrument the person(5(),or the entity upon behalfof which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of Califomia that the foregoing paragraph is true and correct.
_
‘
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"wry Fuhllc- caIm,.-,.;,
.; : Orangetau _ ‘vxl-1'9’ §;’;f""'==Ion»r2i'-illasv g WITNESS my hand and official seal. Y m. Ex:1IrIsJar 2:. 2025
SIGNATURE
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment ofthis form to another document.
Pl./\('l§ l\‘()'l'/\RV Sl':\l. MKUVI:
Description of attached document
Title or type ofdocument:
Document Date: Number of Pages:
Signer(s) Other than Named Above:
POWER OF ATTORNEY BM _____o76s291
HARCO NATIONALINSURANCECOMPANY
INTERNATIONALFIDELITYINSURANCECOMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MENBYTHESE PRESENTS: That HARCO NA11ONALINSURANCECOMPANY.a corporation organized and existing under the laws of the State of Illinois.and lNTERNA110NALFIDELITYINSURANCECOMPANY, a corporation organized and existing under the laws of the State of New Jersey. and having their principal of?ces located respectively in the cities of RollingMeadows.Illinoisand Newark, New Jersey, do hereby constitute and appoint
MELISSA LOPEZ, CHRISTINAROGERS, ALBERTMELENDEZ. JENNIFER C. ANAYA.ERIK JOHANSSON, JOAQUIN PEREZ
Tustin, CA
their true and lawful attomeyis)-in-fact to execute. seal and deliver for and on its behalf as surety, any and all bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof.which are or may be allowed, required or permitted by law.statute.rule.regulation. contract or othemise. and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NA110NAL INSURANCECOMPANY and INTERNATIONAL FIDELITYINSURANCECOMPANY, as fully and amply. to all intents and purposes. as ifthe same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed. and may be revoked.pursuant to and by authority of the By-Laws of HARCONA11ONALINSURANCECOMPANY and lNTERNA1'lONALFIDEIJTYINSURANCECOMPANY and is granted under and by authority ofthe following resolutionadopted by the Board of Directors of lNTERNA1'lONALFIDELITYINSURANCE COMPANY at a meeting duly held on the 13th day of December.2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANYat a meeting held on the 13th day of December.2018. “RESOLVED.that (1) the Chief Executive Officer.President, Executive Vice President.Senior woePresident.Vice President. or Secretary of the Corporation shall have the power to appoint. and to revoke the appointments of.Atlomeys—in-Factor agents with power and authority as de?ned or limited in their respective powers of attorney. and to execute on behalf of the Corporation and affix the Corporation's seal thereto. bonds. undertakings. recognizances. contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians.agents for acceptance of process. and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officerof the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certificationgiven for the execution of any band.undertaking. recognizance. contract of indemnity or other written obligation in the nature thereof or related thereto.such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the originalsignature of such officer and the original seal of the Corporation. to be valid and binding upon the Corporation with the same force and effect as though manually af?xed.’
INWITNESSWHEREOF.HARCONATIONALINSURANCE COMPANY and INTERNATIONAL FIDELITYINSURANCECOMPANYhave each executed and attested these presents on this 31st day of December.2020 ._,.....,,~ -"':~\-‘.'3.§!'e
STATE OF NEWJERSEY STATE OF ILLINOIS :‘.
\O“.»'3;;P0R:"-.4_4b". CountyofEssex c {cook 5".-"° 4"-._““-. °“""° SEAL -,9)-._Iron: ,:.-1': 6"-..€trNc
\?.’.-‘;9"_.-‘ Kenneth Chapman '-.27’!I3.‘-‘
ExecutivewcePresident, Harco National Insurance Company "'------"" and lntemational Fidelity Insurance Company
On this 31st day of December, 2020 .before me came the individualwho executed the preceding instrument, to me personally known.and, being by me duly sworn.said he is the therein described and authorized officer of HARCONA11ONALINSURANCECOMPANY and lNTERNA1'lONAL FIDELITYINSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals ofsaid Companies; that the said Corporate Seals and his signature were duly af?xed by order of the Boards of Directorsof said Companies. ‘\\\“‘é';""I:, INTESTIMONYWHEREOF.I have hereunto set my hand aliixed my OfficialSeal, at the City of Newark, ~ v" ° 00", - $3. Q», New Jersey the day and year first above written. stern»,
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: °-, 0 ,-° : ?
"»,$‘l9"3g§s‘f;.~“ ShirelleA.Outley a Notary Public of New Jersey "'mI"‘ MyCommission Expires April 4, 2023
CERTIFICATION
I.the undersigned cf?cer of HARCO NATIONAL INSURANCE COMPANY and lNTERNA11ONALFIDELITYINSURANCECOMPANY do hereby certify that I have compared the foregoing copy of the Power ofAttorney and affidavit.and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on ?le in the home office of said companies. and that the same are correct transcripts thereof.and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in fullforce and effect.
INTESTIMONYWHEREOF, I have hereunto set my hand on this day. January 11m.2023.
Irene Martins.Assistant Secretary VER2 2/2019 e_POA Page 150 of 236 HAT
S“"“3’ mace
TIONALINSURANCE COMPANY
Addendum: Usage of e-Seal and e-Signature for Harco and IFICSurety Bond Forms
Harco National Insurance Company and International Fidelity Insurance Company (herein the ”Company") have authorized our network of surety partners, as granted under the attached Power of Attorney, stipulated within the terms of a signed Agency Agreement and duly appointed by the Company under a Department of Insurance appointment (where required) within all 50 U.S. States, plus U.S. territories and possessions, to affix an electonic e-seal to all bond documents as if it were a raised corporate seal. This addendum also extends to the use of an esignature by our appointed surety partners authorized under the Company Power of Attorney.
This authority is effective on this day, the 24th of May 2022 and shall remain in place indefinitely unless and until revoked by the Company.
Harco National Insurance Company and International Fidelity Insurance Company “gIlIl|"'
Authorized by: Kenneth Chapman
Executive Vice President , Surety
ORIGINALISSUEDINTRIPLICATE Bond No. 0765291
Premium: $2,763.00
Subject to Change Based
EXHIBIT“C” on the FinalContract Price
PERFORMANCE BOND
We, Onyx Paving Company, Inc. , as
Principal, and Harco National Insurance Company , as
Surety, jointly and severally, ?rmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”)for payment of the penal sum of gL US. Dollars and No Cents ($ 201,949.00 ). CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the property referenced in said agreement. Surety herein approves of the tenns and conditions of said agreement and binds itselfto faithfully perfonn the obligations of Principal therein ifPrincipal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITYand Principal.
THE CONDITIONOF THIS OBLIGATIONIS SUCH that ifthe Principal shall in allthings stand to and abide by, and well and truly keep and perform all ofthe covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the CITY, CITY'S engineer, and their consultants, and each of their of?cials, directors, of?cers, employees and agents, as therein stipulated, then this obligation shall become null and void; othenrvise, itshall be and remain in fullforce and effect.
Surety agrees that should itfail to take over and diligently perform the agreement upon Principal's default after notice and withinthe time speci?ed inthe agreement, Surety willpromptly on demand deposit withCITYsuch amount as CITYmay reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and speci?cations, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.
Principal and Surety agree that ifthe CITY is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay CITY'S reasonable attorneys‘ fees incurred, with or without suit, in addition to the above sum.
C-17
City Project: 3021 City of Desert HotSprings Page 152 of 236 Executed this 11th day of January _20 23 _
Seal of Corporation Onyx P “"9 C°mpa"V’ Inc’
By
Aut orized Representative of Principal
Title Qmy lR‘u_x.l..-1, l’m.‘g,,LJ_,
Aut
ByKorized Representative of Principal
Tme C°'¢;;EimLnr , Sam,
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: () H rco N ional Insurance om an Performance Bonding Surety S‘-"'etYC°mPa”Y
8-Insurance Brokerage ve_
Name Street Number
15901 Red HillAvenue Suite 202 Anaheim CA 92806
Street Number City and State
? _T ,. City and State Telephone Number
(714) 505-7011 Christina Rggers Attomey—in—Fact ,
‘
Telephone Number
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
() Performance Bonding Surety & Insurance Brokerage
Company Agent
Street Number
APPROVED AS TO FORM: L 511'];Q3 mm3 92159
City and State
(714) 505-7011
City Attorney Telephone
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
C-18
City Project: 3021 City of Desert Hot Springs
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
.o. v. ; . . *.—\ *2 -. .«
A notary public or other officer completing this certi?cate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validityof that document.
State of California )
County of Orange )
On Jan iary J] 25123 before me, Ashlie Blanchard Notarv Public , Date Here Insert Name and Title of the Officer personally appeared Corev R. Kirschner / Namegg) ofSignerlg) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(iee), and that by his/hier/theirsignature(x) on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph .aQ»_. xvurs-Qt;- is We and Correct-
,fiSHl.lE BLANCHARD - ~ § COMM‘ #2279550
WITNESS my hand and official seal. L
Notary Puhlic—C:i|ifornia #2 '
ORANGE country it _
'n~»- ' ciivifir I 3 2023 Signature
‘(Signatureof Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer's Name:
ElCorporate Officer — Tit|e(s): ElCorporate Officer — Tit|e(s):
E] Partner — D Limited D General B Partner — lj Limited [J General El Individual ElAttorney in Fact D Individual D Attorney in Fact El Trustee El Guardian or Conservator ElTrustee El Guardian or Conservator El Other: El Other:
Signer is Representing: Signer ls Representing:
©2014 NationalNotary Association ' www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completingthis certi?cate veri?es only the identity ofthc individual who signed the document to which this certificate is attached.and not the truthfulness.accuracy, or validity ofthat document.
State ofCalifornia
County of Orange
On JAN1 1 2023
, before me. Alba” Melelldez , Notary Public,
personallyappeared Christina ROQSFS
who proved to me on the basis of satisfactory evidence to be the pcrsontx) whose name()$) is/axe subscribed to the within instrument and acknowledged to me that Pie/she/thleyexecuted the same in l?ls/her/tl3(eir authorized capacity(i1:s), and that by his/her/their signaturc(x) on the instrument the person(sO,or the entity upon bchalfof which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State ofCalifornia that the foregoing paragraph is true and correct.
-5
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'
-.
- "Mary ALBERT
Public
MELENDEZ
- Calilomia F
.’ °’°"¥' ‘°*"“¥ 3 WITNESS my hand and official seal. Commissinn: 2391.46. — N ion-T. E13115Jar 2:. ma
SIGNATURE
l’|,i\('|i NOT/\R\' SF,/\l. r‘\llOVl’
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent traurlulent removal and reattachment ofthis form to another document.
Description of attached document
Title or type ofdocument:
Document Date: Number of Pages:
Signer(s) Other than Named Above:
POWER OF ATTORNEY B°"<'# 276_5;’a_____
HARCO NATIONALINSURANCECOMPANY
INTERNATIONALFIDELITYINSURANCECOMPANY
Member companies of IATInsurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALLMENBYTHESE PRESENTS: That HARCONATIONALINSURANCECOMPANY, a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONALFIDELITYINSURANCECOMPANY, a corporation organized and existing under the laws ofthe State of New Jersey, and having their principal o?ices located respectively in the cities of Rolling Meadows.Illinoisand Newark, New Jersey, do hereby constitute and appoint
MELISSALOPEZ, CHRISTINAROGERS, ALBERTMELENDEZ,JENNIFER C. ANAYA, ERIKJOHANSSON.JOAQUIN PEREZ
Tustin.CA
their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof.which are or may be allowed.required or permitted by law.statute, rule.regulation. contract or otherwise.and the execution of such instrumentis) in pursuance of these presents. shall be as binding upon the said I-IARCO NATIONAL INSURANCE COMPANY and INTERNA1'IONALFIDELITYINSURANCE COMPANY, as fully and amply, to all intents and purposes. as ifthe same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attomey is executed.and may be revoked.pursuant to and by authority of the By-Laws of HARCONATIONALINSURANCECOMPANY and INTERNATIONALFIDEUTY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONALFIDELITYINSURANCECOMPANYat a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONALINSURANCE COMPANY at a meeting held on the 13th day of December, 2018. ‘RESOLVED.that (1) the Chief Executive Of?cer.President.Executive Vice President, Senior Vice President.\fIce President, or Secretary of the Corporation shall have the power to appoint. and to revoke the appointments of.Attomeys-in-Factor agents withpower and authority as defined or limited in their respective powers of altomey. and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds. undertakings, recognizances. contracts of Indemnityand other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians.agents for acceptance of process, and Attcmeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Otiicer of the Corporation and the Corporation's seal may be affixed by facsimie to any power of attorney or certi?cation given for the execution of any band.undertaking. recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto.such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the originalsignature of such officer and the originalseal of the Corporation. to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
INWITNESSWHEREOF.HARCONATIONAL INSURANCE COMPANYand INTERNATIONAL FIDELITYINSURANCE COMPANYhave each executed and attested these presents on this 31st day of December, 2020 ._,......,u s'.“ ""0
STATE OF NEWJERSEY STATE OF ILLINOIS _~‘\o“?,.-;')
gtvoIz,,';;‘-
E‘2;"-._
COUIIIY07E553)‘ Coun of Cook 5“,5° ” °"-. ‘; £§a$EAL§8; 3,O 1 934 ,:§ : =.‘?s'-.’<tmo~°:.-;.s 3 Kenneth Chapman "-3:’!I-?e“
Executive Vice President.Harco National Insurance Company "'--on-"" and InternationalFidelityInsurance Company
On this 31st day of December, 2020 .before me came the individualwho executed the preceding instrument.to me personally known, and. being by me duly sworn.said he is the therein described and authorized officer of HARCONATIONALINSURANCECOMPANYand INTERNATIONALFIDELITYINSURANCECOMPANY; that the seals affixed to said instrument are the Corporate Seals ofsaid Companies: that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directorsofsaid Companies. ‘,.~*;_‘é'j,'_"g.,’ IN TESTIMONYWHEREOF.I have hereunto set my hand a?ixed my OfficialSeal, at the City of Newark. 3‘¢¢f.--g;-3&0 ('6, New Jersey the day and year first above written. :
‘
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=. o .= in .,inQ
"o“‘n3',',‘.';'éis"°,.~‘ ShirelleA.Outley a Notary Public of New Jersey "umum\ MyCommission Expires April4, 2023
CERTIFICATION
I,the undersigned officer of HARCONA‘l1ONALINSURANCECOMPANY and lNTERNA11ONALFIDELITYINSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attomey and affidavit.and the copy ofthe Sections of the By-Laws of said Companies as set forth in said Power of Attorney. with the originals on file in the home of?ce ofsaid companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in fullforce and effect.
INTESTIMONYWHEREOF.I have hereunto set my hand on this day. January 11th, 2023, A02254 ?t”I
Irene Martins, Assistant Secretary
VER2 212019 e_POA Page 157 of 236
HAT'ci»’u'},€1“,E'i
Surety mace
T/ONALIrvsun/wasCOMPANY
Addendum: Usage of e-seal and e—Signature for Harco and IFIC Surety Bond Forms
Harco National insurance Company and international Fidelity Insurance Company (herein the "Companv") have authorized our network of surety partners, as granted under the attached Power of Attorney, stipulated within the terms of a signed Agency Agreement and duly appointed by the Company under a Department of insurance appointment (where required) within all 50 U.S. States, plus U.S. territories and possessions, to affix an electonic e-seal to all bond documents as if it were a raised corporate seal. This addendum also extends to the use of an esignature by our appointed surety partners authorized under the Company Power of Attorney.
This authority is effective on this day, the 24th of May 2022 and shall remain in place indefinitely unless and until revoked by the Company.
Harco National Insurance Company and International Fidelity Insurance Company ‘_.uu-1,,"
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Authorized by: Kenneth Chapman
Executive Vice President , Surety
SR-23-014
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Cooperative Agreement Between the City of Desert Hot Springs and Riverside County for Shared Funding for the Design and Construction of the Traffic Signal at the Intersection of Palm Drive and 20th Avenue RECOMMENDATION:
Authorize the City Manager to execute the Cooperative Agreement between the City of Desert Hot Springs and the County of Riverside for traffic signal system and road improvements at the intersection of Palm Drive and 20th Avenue.
BACKGROUND:
Palm Drive and 20th Avenue is currently an un-signalized intersection. Palm Drive is one of the main corridors for ingress and egress to and from Desert Hot Springs. Numerous residents that live east of Palm Drive utilize Palm Drive and 20th Avenue as their main access point. Based on the Transportation Injury Map System (TIMS) report from 2011 to 2021 there have been 10 accidents within or near this intersection.
The West half of the intersection of Palm Drive at 20th Avenue is currently within the City of Desert Hot Springs City Limits, and the East half of the intersection is currently within unincorporated Riverside County.
DISCUSSION:
City Staff and Riverside County Staff have analyzed the safety of this intersection and the need for a traffic signal. In order to improve the intersection and increase safety, the design and installation of a traffic signal is warranted.
Since the intersection if half within the City and half within the County, the intersection has shared responsibility between both agencies.
In order to move the project forward, the County has requested that the City enter into an agreement to share the costs for the design and construction of the proposed traffic signal located at Palm Drive and 20th Avenue. The shared costs would be at 50% for each agency, based on City and County boundary limits.
Based upon preliminary estimates, the total cost for design and construction is $790,000. The breakdown is as follows:
SR-23-014
• Estimated Design total = $250,000 (50% City of Desert Hot Springs, 50% Riverside County) • Estimated Construction total = $540,000 (50% City of Desert Hot Springs, 50% Riverside County)
The agreement terms between the County of Riverside and the City of Desert Hot Springs is summarized as follows:
The City agrees to the following:
• Act as the lead agency of the project.
• Prepare plans, specifications, and engineer’s estimate (PS&E) and submit to the County for review.
• Identify and locate all utility facilities within the limits of the project. • Make a written application to the City for an encroachment permit. • Advertise, award, and administer a public works contract for the construction of the project. • Construct the project in accordance with the PS&E.
• Submit any contract change orders that cause the construction contract to exceed 10% of the contract bid amount.
• Furnish the City with one complete set of full-sized as-built plans and all contract records.
The County agrees to to the following:
• Fund 50% of the cost of the design and construction.
• To issue no cost encroachment permits to the City.
• To pay all invoices submitted by the City within 45 days of receipt.
City Council to authorize the City Manager to execute the cooperative agreement between the City of Desert Hot Springs and the County of Riverside for traffic signal system and road improvements at the intersection of Palm Drive and 20th Avenue.
FISCAL IMPACT:
The design of the intersection is already budgeted as part of the design of the Palm Drive South I-10 to Camino Aventura project (Project No. 3001), which is a 75% CVAG reimbursement project. The construction of the traffic signal is included in the Active Transportation Program Cycle 6 Grant that is currently recommended for approval. Therefore, it is anticipated that there will be no additional fiscal impacts beyond the currently budgeted project.
ATTACHMENTS:
Exhibit 1 - Cooperative Agreement
Exhibit 2 - Project Boundaries
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29 COOPERATIVE AGREEMENT BY AND BETWEEN
COUNTY OF RIVERSIDE AND CITY OF DESERT HOT SPRINGS
FOR TRAFFIC SIGNAL SYSTEM AND ROAD IMPROVEMENTS AT
THE INTERSECTION OF PALM DRIVE AND 20TH AVENUE
IN THE DESERT HOT SPRINGS AREA
This Agreement is entered into this _______ day of _____________, 20___, by and between the County of Riverside, a political subdivision of the state of California, (hereinafter "COUNTY") and the City of Desert Hot Springs, a municipal corporation, (hereinafter “CITY”) for the provision of various improvements at the intersection of Palm Drive and 20th Avenue in the Desert Hot Springs Area located within the jurisdictional boundaries of both the COUNTY and the CITY.
RECITALS
A. WHEREAS, COUNTY and CITY have determined that there is a need for a traffic signal system and road improvements at the intersection of Palm Drive and 20th Avenue in the Desert Hot Springs Area (hereinafter "PROJECT") located within the jurisdictional boundaries of both the COUNTY and the CITY as shown in Exhibit A (Vicinity Map).
B. WHEREAS, COUNTY and CITY desire to designate CITY as the lead agency for the PROJECT and CITY will therefore provide the administrative, technical, managerial and support services necessary to develop and implement PROJECT.
C. WHEREAS, COUNTY and CITY desire to define herein the terms and conditions under which said PROJECT is to be administered, environmentally cleared, engineered, coordinated, constructed, managed, maintained and financed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows:
SECTION 1 • CITY AGREES:
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29 1. To fund fifty (50) percent of the cost of the preparation of plans, specifications and estimates (PS&E), preparation of an environmental document (ED) and obtaining environmental clearance, providing utility coordination and relocation of impacted utilities, and advertising, awarding and administering a public works construction contract Based on current estimates, the CITY’s fifty (50) percent is estimated to be $125,000.
2. To fund fifty (50) percent of the cost of the public works contract to construct PROJECT improvements which is the percentage of PROJECT located within the jurisdictional boundaries of the CITY. Based on current estimates, the CITY’s fifty (50) percent share is estimated to be $270,000.
3. To prepare, or cause to be prepared, detailed PS&E documents for the PROJECT and submit the plans to COUNTY for review and approval.
4. To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsibility. If any existing public and/or private utility facilities conflict with PROJECT construction, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal. All utility facilities shall be identified on the PROJECT plans and specifications, and conflicting utilities shall be denoted. CITY shall require the utility owner and/or its contractors performing the relocation work within CITY's right of way to obtain a CITY encroachment permit prior to the performance of said relocation work. CITY and COUNTY shall coordinate and cooperate in the effort to establish prior rights related to utility encroachments into each jurisdictions right-of-way. In the case that any utility companies are determined to have prior rights, the cost of relocating utilities shall be borne by the jurisdiction in which the conflicting utility resides.
5. To prepare an environmental document and to obtain necessary environmental clearances in accordance with the California Environmental Quality ACT (CEQA).
6. To make written application to COUNTY for an encroachment permit authorizing entry into COUNTY's right of way for the purposes of constructing PROJECT.
7. To advertise, award and administer a public works contract for the construction of PROJECT in accordance with all applicable laws, including but not limited to the Local Agency Public Construction Act, the California Labor Code, and in accordance with the permit issued by County of Riverside Transportation Department.
8. To furnish a representative to perform the function of Resident Engineer during construction of PROJECT.
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29 The Resident Engineer shall be a Licensed Civil Engineer. If the PROJECT plans and specifications are prepared by a private engineering company, the Resident Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the construction contractor.
9. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement, and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.
10. To construct PROJECT in accordance with approved PS&E documents.
11. To make all payments to the contractor for 100% of the construction costs, including any approved change orders.
12. To provide material testing and quality control conforming to the Caltrans Standard Testing Methods as provided in Chapter 16 of the Local Assistance Procedures Manual, and to have this testing performed by a certified material tester.
13. To submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount to COUNTY for review and approval prior to final authorization by CITY.
14. To furnish COUNTY a complete set of full-sized film positive reproducible as-built plans, MicroStation CAD survey files, and all contract records, within sixty (60) days following the completion and acceptance of the PROJECT construction contract. COUNTY also desires electronic copies of completed plans if available. If electronic copies are provided it is requested that they be provided on CD-R media.
15. To furnish COUNTY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the PROJECT construction contract and to invoice COUNTY for COUNTY’s share of the final construction costs as provided in Section 2.
SECTION 2 • COUNTY AGREES:
1. To fund fifty (50) percent of the cost of the preparation of plans, specifications and estimates (PS&E), preparation of an environmental document (ED) and obtaining environmental clearance, providing utility
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29 coordination and relocation of impacted utilities, and advertising, awarding and administering a public works construction contract. Based on current estimates, the COUNTY’s fifty (50) percent is estimated to be $125,000.
2. To fund fifty (50) percent of the cost of the public work contract to construct PROJECT improvements which is the percent of PROJECT located within the jurisdictional boundaries of the COUTY. Based on current estimates, the COUNTY’s fifty (50) percent share is estimated to be $270,000.
3. To provide, at no cost to CITY, oversight of PROJECT within COUNTY’s jurisdiction and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT.
4. To issue, at no cost to CITY or its contractors, upon proper application by CITY or CITY's contractors, an encroachment permit authorizing entry onto COUNTY's right of way to perform survey and other investigative activities required for Construction of PROJECT.
5. To provide a representative to coordinate through the CITY's Resident Engineer during the construction of PROJECT and to verify facilities within COUNTY’s jurisdiction are constructed in accordance with the approved PS&E documents as required by this Agreement. It is mutually understood that COUNTY personnel may observe and inspect all work being done on PROJECT but shall provide any comments to CITY personnel who shall be solely responsible for all communications with CITY contractor.
6. To pay within 45 days of receipt all invoices submitted by CITY for services rendered in accordance with this Agreement.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. The total construction cost of PROJECT is estimated to be $ 790,000.
2. Construction by CITY of improvements referred to herein which lie within COUNTY rights of way shall not commence until an Encroachment Permit to CITY, or CITY's contractor, authorizing such work has been issued by COUNTY.
3. CITY shall cause CITY's contractor to maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability
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29 and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name the COUNTY, its officers, officials, agents and employees as additionally insured. CITY shall also require CITY's contractor to maintain Worker's Compensation Insurance. CITY shall provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to COUNTY prior to the start of construction.
4. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will automatically be vested with the jurisdiction in which the improvements reside, and no further agreement will be necessary to transfer ownership.
5. Neither COUNTY nor CITY shall be responsible for any maintenance of the improvements provided by PROJECT that are located outside of their respective right of way boundaries, except that COUNTY and CITY shall enter into a separate agreement on the maintenance of the new traffic signal constructed as part of PROJECT.
6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either party hereto.
7. COUNTY and CITY shall retain or cause to be retained for audit for a period of three (3) years from the date of final payment, all records and accounts relating to PROJECT.
8. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
9. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or
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29 jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement.
10. This Agreement and the exhibit herein contain the entire agreement between the parties and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void.
11. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law.
12. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument.
13. This Agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by COUNTY or CITY shall have no importance or significance. Any uncertainty or ambiguity in the Agreement shall not be construed against the party that prepared it in its final form.
14. Any waiver by COUNTY or CITY of any breach by the other party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof.
Failure on the part of a party to require from the other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof, or stopping COUNTY or CITY from enforcing this Agreement.
15. This Agreement shall terminate upon completion of the PROJECT or upon mutual agreements of the parties.
16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing
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29 and delivered to the following addresses or such other addresses as the parties may designate and are deemed submitted two days after their deposit in the United States mail, postage prepaid:
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29 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:
________________________ Dated: ___________
Mark Lancaster, Director of Transportation
APPROVED AS TO FORM:
______________________ Dated: __________
Deputy County Counsel
APPROVAL BY THE BOARD OF SUPERVISORS
______________________ Dated: _________
PRINTED NAME
Chair, Riverside County Board of Supervisors
ATTEST:
______________________ Dated: __________
KECIA R. HARPER
Clerk of the Board (SEAL)
CITY OF DESERT HOT SPRINGS Approvals
APPROVAL BY THE CITY COUNCIL
______________________ Dated: _________
City Manager, City of Desert Hot Springs
APPROVED AS TO FORM:
______________________ Dated: __________
City Attorney, City of Desert Hot Springs
ATTEST:
______________________ Dated: __________
City Clerk, City of Desert Hot Springs
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29 EXHIBIT A • VICINITY MAP
20th AVENUE PROJECT LOCATION
PALM DRIVE
RIVERSIDE
COUNTY OF
CITY OF
DESERT HOT SPRINGS PALM DRIVE AND 20TH AVENUE TRAFFIC LIGHT LOCATION
SR-23-023
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: City Manager
Prepared by: Christina Newsom, Compliance Manager
Subject: An Ordinance Amending Section 4.16.010 "Unlawful Acts - Public Nuisances" of Chapter 4.16 "Public Nuisances" of Title 4 "Code Enforcement"; Section 5.44.080 "Operational Requirements and Standard Conditions" of Chapter 5.44 "Vacation Rentals" of Title 5 "Business Licenses and Regulations"; Section 8.04.150 "Storage on Premises - Placement for Collection" of Chapter 8.04 "Waste Disposal" of Title 8 "Health and Safety"
RECOMMENDATION:
Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California amending Section 4.16.010 “Unlawful Acts - Public Nuisances” of Chapter 4.16 “Public Nuisances” of Title 4 “Code Enforcement”; Section 5.44.080 “Operational Requirements and Standard Conditions” of Chapter 5.44 “Vacation Rentals” of Title 5 “Business Licenses and Regulations”; Section 8.04.150 “Storage on Premises - Placement for Collection” of Chapter 8.04 “Waste Disposal” of Title 8 “Health and Safety.”
BACKGROUND:
The City of Desert Hot Springs has found that the regulations concerning the storage of garbage receptacles are overly vigorous and undue for most residential and commercial properties. Currently, our regulations in Title 4, Title 5, and Title 8 require that garbage receptacles are stored outside of view from the public right-of-way during non-collections days and times. However, many properties are not developed or designed to allow for garbage receptacles to be stored out of sight from the public right of way.
In an effort to eliminate unwarranted or excessive enforcement actions related to garbage receptacles, the proposed ordinance seeks to amend the following:
• Title 4 Code Enforcement
Remove the following public nuisance language:
Garbage Containers. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property with garbage or trash containers stored in front yards and visible from the public right-of-way, except when in places of collection on scheduled waste collection days.
SR-23-023
• Title 5 Business License Regulations
Remove the following strikethrough phrase:
The owner shall cause to be installed proper trash bins for the proper removal of trash. Such bins shall be set out no earlier than 7:00 p.m. on the day prior to trash collection day, and shall be retrieved and hid from public view no later than 7:00 p.m. of trash collection day. The owner or agent must be available to take out the trash.
• Title 8 Health and Safety
Amend storage on-premises language:
Each container shall be kept on the premises of the person utilizing such container for the storage and disposal of solid waste, non-organic recyclables, and organic waste. When limited gate or doorway access or obstructions by landscaping or fixed objects prevent storage of trash containers out of the public view, the trash containers shall be stored adjacent to the dwelling or structure in that location least noticeable from the street or roadway.Except on the day designated for collection, each container shall be stored out of the public’s view from the street or roadway. When limited gate or doorway access or obstructions by landscaping or fixed objects prevent storage of containers out of the public view, the containers shall be stored adjacent to the dwelling or structure in that location least noticeable from the street or roadway.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL ANALYSIS:
This 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 the placement of trash containers and does not have the potential to significantly impact the environment.
ATTACHMENTS:
Exhibit 1 - Ordinance re Garbage Receptacles
C2014/000 - 423769.1
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA AMENDING SECTION 4.16.010
“UNLAWFUL ACTS—PUBLIC NUISANCES” OF CHAPTER 4.16
“PUBLIC NUISANCES” OF TITLE 4 “CODE ENFORCEMENT”;
SECTION 5.44.080 “OPERATIONAL REQUIREMENTS AND
STANDARD CONDITIONS” OF CHAPTER 5.44 “VACATION
RENTALS” OF TITLE 5 “BUSINESS LICENSES AND REGULATIONS”; SECTION 8.04.150 “STORAGE ON PREMISES—PLACEMENT FOR
COLLECTION” OF CHAPTER 8.04 “WASTE DISPOSAL” OF TITLE 8 “HEALTH AND SAFETY”
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, provisions contained within Titles 4, 5, and 8 of the Desert Hot Springs Municipal Code require the keeping of trash containers from public view except on trash collection days; and
WHEREAS, the City Council desires to amend the Desert Hot Springs Municipal Code to allow residents to keep their trash containers in public view even on noncollection days, and within specific parameters as so contained herein; and WHEREAS, the City Council finds that limitedly relaxing regulations related to trash containers is in the best interest of the public health, safety and welfare of the residents of the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:
Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.
Section 2. AMENDMENT OF SECTION 4.16.010 “UNLAWFUL
ACTS—PUBLIC NUISANCES” OF CHAPTER 4.16
“PUBLIC NUISANCES” OF TITLE 4 “CODE
ENFORCEMENT”
Section 4.16.010 (“Unlawful Acts—Public Nuisances”) of Chapter 4.16 (“Public Nuisances”) of Title 4 (“Code Enforcement”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:
4.16.010 Unlawful acts—Public nuisances.
A. The following shall be designated as unlawful acts and public nuisances:
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1. Attractive Nuisances. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain on any such premises or property any condition that constitutes an attractive nuisance including, but not limited to, the following:
a. Abandoned, damaged or broken equipment, machinery or household items;
b. Unprotected hazardous or unfilled pools or ponds; and c. Unfenced or otherwise unprotected wells or excavations.
2. Landscaping. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain any front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any groundcover, decorative rock, redwood bark, lawn and/or other material as determined to be acceptable or required by the City’s Community Development Director or designee.
3. Weeds. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property in a manner that has resulted in overgrown weeds to be present on any front and visible side yards and sidewalks.
4. Trees and Shrubs. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property in such a manner that has resulted in:
a. Trees and shrubs with dead or fallen limbs or branches to present a safety hazard or restrict, impede or obstruct the use of a public right-of-way, easement, sidewalk or roadway; or
b. Trees, shrubs and plants to grow out into or over a public right-of-way, easement, sidewalk or roadway where such growth restricts, impedes or obstructs pedestrian or vehicular use of said public right-of-way, easement, sidewalk or roadway.
5. Fire Hazard. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property in such a manner that has resulted in the accumulation of dry or dead plant matter, combustible refuse and waste or any other matter which by reason of its size, manner of growth and location, constitutes a fire hazard to any building, improvement, crop or other property.
6. Vehicle Parking. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any residential premises or residential property in the City to permit on such premises or property any operable vehicle, recreational vehicle, motor home, trailer, camper, camper shell and
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boat to be parked or stored outside of a garage or carport on an unpaved surface. “Paved” means covered by concrete, asphalt, brick, pavers, or a similar material as approved by the Director.
7. Occupied Vehicles. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to permit on such premises or property any parked operable vehicle, recreational vehicle, motor home, trailer, camper, camper shell and boat to be occupied by any person or persons overnight.
8. Maintenance of Private Walkways, Driveways and Other Improved Surfaces. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain on such premises or property any walkway, driveway or other improved surface in a manner that results in the disrepair of such surfaces or creates unsafe conditions.
9. Parking Lot Striping and Handicapped Markings. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to fail to maintain in good condition any parking lot striping and handicapped markings on such premises or property.
10. Termites, Insects, Vermin or Rodents. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property that results in creating a habitat for termites, insects, vermin or rodents that presents a threat to the health and safety of the public and/or a threat to property.
11. Sewage. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to fail to properly connect any inhabited improvements on such premises or property to a sewage disposal system or sanitary sewer and/or to permit sewage seepage.
12. Abandoned or Vacated Buildings or Structures. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to abandon or permanently vacate or cause to be abandoned or permanently vacated, any building or structure, so that it becomes accessible to unauthorized persons including, but not limited to, juveniles and vagrants, for unlawful or hazardous use, or to allow the same to become infested with vermin or rodents, or to become a menace to the health or safety of the public.
13. Offensive Odors. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to permit or maintain on such premises or property stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract insects.
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14. Reserved. Garbage Containers. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property with garbage or trash containers stored in front yards and visible from the public right-of-way, except when in places of collection on scheduled waste collection days.
15. Hazardous Substances and Waste. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to permit any hazardous substances or hazardous waste to be unlawfully released, discharged, placed or deposited upon any premises or onto any City property.
16. Visibility Hazard. It is unlawful and it shall be a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection or pedestrian walkway.
17. Illegal, Nonconforming Building or Structure. It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain upon any such premises or property any building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of such building or structure.
18. Maintenance, Repair, Restoration or Dismantling Vehicle or Large Machinery or Equipment. It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to allow or perform on such premises or property the maintenance, repair, restoration or dismantling of any vehicle, large machinery, or large equipment upon any residential property, walkway, or easement visible from a public street or sidewalk or from an adjoining property. This prohibition shall not apply to work which is specifically authorized by state or local law or regulation and shall not apply to minor repair or maintenance of vehicles, machinery or equipment which belong to the person residing at the property, and which is either performed inside an enclosed structure such as a garage or performed outside but is not visible for longer than 72 consecutive hours.
19. Visual Blight. It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain any such premises or property or improvement thereon in such a manner as to cause or to allow the premises, property or improvement to become defective, unsightly, or in such other condition of deterioration or disrepair as the same may cause substantial depreciation of the property values or similar detriment to surrounding properties, as well as an adverse effect on the health,
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safety, and welfare of the citizens of the City. Visual blight conditions include, but are not limited to, any of the following conditions:
a. The presence of any improvement including, but not limited to, buildings, garages, carports, wooden fences, block walls, roofs or gutters in which the condition of the patio, stucco, siding or other exterior coating has become so deteriorated as to permit decay, excessive checking, cracking or warping so as to render the improvement or property unsightly and in a state of disrepair;
b. The presence of any improvement with cracked or broken windows, roofs in disrepair, damaged porches or broken steps;
c. The presence of any improvement which is abandoned, boarded up, partially destroyed or left in a state of partial construction or repair for more than 90 days;
d. The presence of abandoned, damaged or broken equipment or machinery which is visible from a public street or sidewalk or from an adjoining property; or
e. The presence of excessive junk, refuse and garbage which is visible from a public street or sidewalk or from an adjoining property.
20. Swimming Pools, Ponds and Other Bodies of Water. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain upon any such premises or property any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained resulting in the water becoming polluted.
21. Public Toilets. It is unlawful and it shall be a public nuisance for any person to fail to maintain the floors, walls, ceilings, lavatory, urinal and toilet bowl of any public toilet free from any accumulation of dirt, filth or corrosion and/or to fail to supply a public toilet with toilet paper, hand washing facilities, soap and individual towels with a receptacle for their disposal.
22. Privies. It is unlawful and it shall be a public nuisance for any person to construct or maintain a privy within the City in any manner that does not comply with the Health and Safety Code.
23. Safety Hazard. It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City in a manner that presents an imminent safety hazard and/or which creates a present and immediate danger to life, property, health or public safety.
24. Disruptive Activities. It is unlawful and it shall be a public nuisance for any person to operate or maintain any premises or property within the City in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passersby, sale of
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stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, illegal parking, noises disturbances as defined in chapter 8.12 of this code, traffic violations, curfew violations, or police detentions and arrests.
25. Land Use Entitlements. It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City which fails to comply with any condition imposed on any entitlement, permit, contract, or environmental document issued by or approved by the City in connection with said premises or property or improvement located thereon.
26. Public Burning. It is unlawful and it shall be a public nuisance for any person to engage in the intentional burning of any material, structure, matter or thing on any premises or property within the City without a validly issued permit allowing such burning.
27. Air Pollution. It is unlawful and it shall be a public nuisance for any person to:
a. Establish, operate or allow any activity on any premises or property within the City which pollutes the atmosphere with any unwholesome, offensive, or deleterious gas, fumes, dust, smoke, or odors; or
b. Allow any offensive odors to be emitted from offal, garbage, dead animal carcasses or any animal or vegetable matter.
28. Mosquito Breeding Places. It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City upon which there is stagnant or still water or a marshy condition which harbors and breeds mosquitoes or other poisonous or objectionable insects.
29. Discharge of Sewage. It is unlawful and it shall be a public nuisance for any person to permit on any premises or property within the City any matter or substance from a private vault, cesspool, septic tank, water closet, privy vault, urinal, pipe, sewer line or any sewage, effluent, slop water or any other filthy water, matter or substance to flow or discharge upon the ground or upon any public sidewalk, street or other public place.
30. Animal Manure—Use and Storage. It is unlawful and it shall be a public nuisance for any person to use or store non-domesticated animal manure on any premises or property within the City unless the manure has been processed or treated so as to render it substantially free of unpleasant odor.
31. Hauling of Offensive Substances. It is unlawful and it shall be a public nuisance for any person to use, park or store a vehicle or any receptacle used for hauling or transporting any offal, manure, or the contents of a privy vault, cesspool or sink or any nauseous or offensive substances, within the City if the contents of such vehicle or receptacle are leaking or spilling from such vehicle or receptacle.
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32. Clotheslines. It is unlawful and it shall be a public nuisance for any person to maintain on any premises or property within the City in the plain view from a public sidewalk or public street a clothes line or other object or structure, on a front yard or side yard, for purposes of hanging clothing and/or laundry.
33. Stormwater Drainage. It is unlawful and it shall be a public nuisance for any person to maintain on any premises or property within the City any drainage facility, such as terrace drains, down drains and catch basins, in such a condition so as to cause the drainage water to spill onto adjoining properties or other areas not intended or approved for the collection of stormwater.
34. Water Disposal. It is unlawful and it shall be a public nuisance for any person to maintain on any premises or property within the City where water from swimming pools, ornamental ponds, waterfalls, and similar facilities is permitted to be disposed over or onto adjoining property or onto any street, alley or public way without written permission from the affected property owner or property owners and/or a validly issued permit from the requisite agency.
35. Signs. It is unlawful and it shall be a public nuisance for any person to maintain on any premises or property within the City any sign, including its supporting structure, which is damaged to the point of presenting a possible safety hazard.
36. Encroachment. It is unlawful and it shall be a public nuisance for any person to cause or permit any encroachment onto public property for which no encroachment permit has been issued or which is in violation of the provisions of an encroachment permit or any applicable provision of the municipal code.
37. Water Drainage. It is unlawful and it shall be a public nuisance for any person to cause or permit water, including, but not limited to, excess irrigation runoff, to drain over or onto adjoining property or onto any street, alley or public way in a manner which causes damage to the adjoining property, street, alley or public way.
38. Municipal Code Violations. It shall be deemed a public nuisance for any member of the public to create, cause, commit, permit or maintain any condition or to perform or cause to be performed any activity prohibited by this municipal code or specifically identified as a public nuisance by the municipal code and/or any applicable statute, rule, code or regulation.
39. California Civil Code. The City may declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in California Civil Code Sections 3479 and 3480.
40. California Red Light Abatement Act. The City may:
a. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to
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be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in California Penal Code Section 11225; and b. Commence any action or proceeding pursuant to the California Red Light Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.
41. California Drug Abatement Act. The City may:
a. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in California Health and Safety Code Section 11570; and b. Commence any action or proceeding pursuant to the California Drug Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.
42. State Housing Law. The City may:
a. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in California Health and Safety Code Sections 17910 through 17995; and b. Commence any action or proceeding set forth therein to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.
43. Weed Abatement. The City Council may:
a. Declare by resolution pursuant to California Government Code Section 39561 et seq., that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in weeds, as that term is defined in California Government Code Section 39561.5, being grown upon the streets, sidewalks or private property in the City; and
b. Commence any action or proceeding pursuant to California Government Code Section 39561 et seq., to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.
44. Rubbish, Refuse and Dirt. The City Council may:
a. Declare by resolution pursuant to California Government Code Section 39561 et seq., that a public nuisance exists with respect to a specific parcel whenever
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that parcel is being maintained in a manner that has resulted in an accumulation of rubbish, refuse and dirt upon parkways, sidewalks or private property in the City; and b. Commence any action or proceeding pursuant to California Government Code Section 39561 et seq., to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.
45. Conditions of Approval. It shall be deemed a public nuisance for any person to maintain any premises or property within the City which fails to comply with any condition imposed on any entitlement, permit, license, contract, or environmental document issued by or approved by the City in connection with said premises or property or improvement located thereon.
B. The provisions of this chapter are applicable to all property throughout the City wherein any conditions hereinafter specified are found to exist. This chapter shall not be applicable to any condition which would constitute a violation of this chapter but which is duly authorized under any other City, State or Federal law.
C. The list of activities, uses of property and conditions of property declared to be a public nuisance in this chapter is not intended to be exclusive. The City Council expressly reserves to itself the right to declare other and additional activities, uses of property, and conditions of property to be nuisances subject to abatement pursuant to this title or by any other means authorized by law.
D. Every owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by the former owner, is liable therefor in the same manner as the one who first created it.
Section 3. AMENDMENT OF SECTION 5.44.080 “OPERATIONAL
REQUIREMENTS AND STANDARD CONDITIONS” OF
CHAPTER 5.44 “VACATION RENTALS” OF TITLE 5
“BUSINESS LICENSES AND REGULATIONS”
Section 5.44.080 (“Operational Requirements and Standard Conditions”) of Chapter 5.44 (“Vacation Rentals”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:
5.44.080 Operational requirements and standard conditions.
A. The owner and agent shall ensure that the vacation rental unit complies with all applicable Federal, State and local laws, rules and regulations regarding fire, building and safety, health and safety, and all other relevant laws.
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B. For new Vacation Rental Permits owner and/or agent shall allow the City to conduct an inspection prior to issuance of Vacation Rental Permit of the property to ensure compliance with this chapter.
C. For renewed permits, the owner and/or agent shall allow the City to conduct an inspection prior to issuance of the renewal of a Vacation Rental Permit of the property to ensure compliance with this chapter, no early than 60 days prior to the expiration of the Vacation Rental Permit.
D. No outdoor music, radios, musical instruments or other devices that produce or reproduce sound are allowed to be used outdoor at any time.
E. No use of outdoor amenities and/or outdoor games or any outdoor activities that create noise between the hours of 10 p.m. and 8 a.m.
F. The owner and agent shall limit occupancy of the vacation rental unit to a specific number of occupants, as set forth in Table 5.44.081, unless a special event license has been issued by the City in accordance with the provisions of Section
5.44.080(M).
Table 5.44.081
Number of
Bedrooms
Total of Overnight
Occupants
Additional Daytime
Occupants
Total Daytime
Occupants
0-Studio 2 2 4
1 4 2 6
2 4 4 8
3 6 4 10
4 8 4 12
5 or more 10 4 14
* Overnight (10:01 p.m. – 6:59 a.m.)
**Daytime (7:00 a.m. – 10:00 p.m.)
G. The owner and agent shall limit the number of vehicles of overnight occupants at an amount not to exceed the number of designated on-site parking spaces.
H. The owner shall cause to be installed proper trash bins for the proper removal of trash. Such bins shall be set out no earlier than 7:00 p.m. on the day prior to trash collection day, and shall be retrieved and hid from public view no later than 7:00 p.m. of trash collection day. The owner or agent must be available to take out the trash.
I. During the term that each vacation rental unit is rented, the emergency contact person and responsible person shall be available 24 hours per day, seven days per week for the purpose of responding to complaints made to the City regarding the condition, operation, or conduct of occupants of the vacation rental unit.
J. The owner and agent shall ensure that the occupants and guests of the vacation rental unit do not create unreasonable noise or disturbances, engage in
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disorderly conduct, or violate provisions of the municipal code, or State or Federal law, rule or regulation.
K. Prior to every use of the unit as a vacation rental unit, the owner or the owner's agent shall: (1) obtain from the responsible person, the individual's name, address, telephone number, and a copy of a valid government identification of the responsible person, license plate number, the state in which the vehicle is registered, and year, make and model of all vehicles used by all occupants of the unit, and any other information requested by the City manager; (2) provide a copy of the Good Neighbor Brochure to the responsible person; and (3) require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance of all occupants and guests with all provisions of this chapter and the City's municipal code. This signed acknowledgment shall be readily available upon request of any officer of the City responsible for the enforcement of this chapter.
L. Noise Monitoring System. Notwithstanding the regulations in Chapter
8.12, Owners must cause to be installed a noise monitoring system, which shall alert the owner/manager of any loud noises which are more than 70 decibels. Upon notification that any occupant or guest of the vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the municipal code or any State law, the owner, agent or emergency contact person shall contact the responsible person immediately and provide the individual with a warning, or take action to terminate the occupancy.
M. Complaints. Notwithstanding the regulations in Chapter 8.12, in the event the City receives a complaint related to noise, trash, or other violation of this chapter, owner, agent or emergency contact person shall contact the responsible person immediately and provide the individual with a warning, or take action to terminate the occupancy. In addition, the Owner or agents must respond physically to the property within thirty (30} minutes of notice of the complaint. Failure of the owner, agent or responsible person to respond to calls or complaints regarding the condition, operation, or conduct of occupants of the vacation rental unit in accordance with the provisions set forth in this chapter, shall be grounds for imposition of penalties as set forth in this chapter.
N. Prior to rental of a vacation rental unit, the owner of the vacation rental unit, or agent, shall post a framed copy of the Vacation Rental Permit and the following, in a conspicuous place within the unit:
1. The maximum number of overnight occupants and the maximum number of daytime occupants permitted to stay in the unit;
2. The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property;
3. Notification that the amplification of music outside of the dwelling unit is a violation of this chapter;
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4. Notification that the occupant shall comply with the City's parking, driveway and loading standards, and the number of vehicles that are permitted for the unit;
5. Notification that the occupant may be cited or fined by the City and that the owner, or owner's agent, may immediately terminate the occupancy for creating a disturbance or for violating other provisions of the City's municipal code;
6. Notification that failure to conform to the occupancy requirements of the vacation rental unit is a violation of this chapter.
O. The use of a vacation rental unit shall not violate any applicable conditions, covenants, or other restrictions on real property.
P. The owner and agent shall comply with all provisions of Chapter 3.20 of the municipal code concerning transient occupancy taxes. The monthly return required by Chapter 3.20 shall be filed each month regardless of whether the unit was rented during that month.
Q. A copy of the Vacation Rental Permit shall be mailed or delivered to all property owners shown on the last equalized county assessment roll and all occupants of each dwelling unit within 300 feet of the vacation rental unit. Such information shall be provided at least annually or within 14 days of any change of information as required pursuant to this chapter.
R. The owner or agent shall comply with all of the following in any and all advertisement in any and all advertising media of the vacation rental unit:
1. Maximum occupancy
2. Requirements for compliance with the City's noise and outdoor activity standards and regulations
3. Maximum number of cars allowed
4. A statement that the short-term vacation rental occupants shall respect the neighbor's privacy and peaceful enjoyment of their land
5. The applicable rate of the City's transient occupancy tax
6. A photo of the front of the short-term vacation rental
7. The Business License number must be clearly and prominently displayed in the first line of the property description and in the following format “City of Desert Hot Springs Vacation Rental Permit Number.”
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S. The owner must include in the rental or use agreement that two (2) noise complaints shall result in an immediate eviction of the occupants.
T. The City Manager shall have the authority to impose additional standard conditions, applicable to all vacation rental units, as necessary, to achieve the objectives of this chapter. A list of all such additional standard conditions shall be maintained and on file in the office of the City Clerk.
Section 4. AMENDMENT OF SECTION 8.04.150 “STORAGE ON
PREMISES—PLACEMENT FOR COLLECTION” OF
CHAPTER 8.04 “WASTE DISPOSAL” OF TITLE 8
“HEALTH AND SAFETY”
Section 8.04.150 (“Storage on Premises—Placement for Collection”) of Chapter
8.04 (“Waste Disposal”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:
8.04.150 Storage on premises—Placement for collection.
A. Each container shall be kept on the premises of the person utilizing such container for the storage and disposal of solid waste, non-organic recyclables, and organic waste. When limited gate or doorway access or obstructions by landscaping or fixed objects prevent storage of trash containers out of the public view, the trash containers shall be stored adjacent to the dwelling or structure in that location least noticeable from the street or roadway. Except on the day designated for collection, each container shall be stored out of the public’s view from the street or roadway. When limited gate or doorway access or obstructions by landscaping or fixed objects prevent storage of containers out of the public view, the containers shall be stored adjacent to the dwelling or structure in that location least noticeable from the street or roadway.
B. On the day designated for collection and before the time for collection to begin in the particular district in which premises are located, containers shall be placed for collection on the curb, in no event more than four feet from the pavement edge, in front of the premises occupied by the person placing the same or on the curb at the side of the premises where such premises are adjacent to more than one street.
C. All containers set out for collection shall be placed no closer than within four feet of any fixed object or parked motor vehicle, and shall be placed no closer than within two feet from another container receptacle.
D. Containers shall not be so placed earlier than 12 hours prior to the time such collection is scheduled to commence.
Section 5. SEVERABILITY
That should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining
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provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.
Section 7. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 8. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
_________________________________
Jerryl Soriano, City Clerk
APPROVED:
_______________________________
Scott Matas, Mayor
APPROVED AS TO FORM:
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_________________________________
Jennifer A. Mizrahi, City Attorney
SR-23-021
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: Amendment to Professional Services Agreement with Chambers Group, Inc. for On-Call Environmental Services on an As-Needed Basis RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement for On-Call Environmental Services with Chambers Group Inc. in the amount of $200,000 for one year; and to authorize the City Manager to execute all necessary agreements, as approved to form by the City Attorney.
BACKGROUND:
The City of Desert Hot Springs has an agreement with Chambers Group Inc. to provide "On-Call Environmental Services" on behalf of the City's Planning Department. Chambers Group Inc. is responsible for the preparation and/or peer review of Environmental Impact Reports (EIR), Environmental Impact Statements (EIS), Negative Declarations, Mitigated Negative Declarations, technical studies and other California Environmental Quality Act (“CEQA”) and National Environmental Protection Act (“NEPA”) documentation for proposed projects.
The purpose of the Professional Services Agreement with Chambers Group Inc. is to allow them to continue to provide consulting services to augment City staff as it relates to CEQA and NEPA, as necessary, including review of submitted documents for private developments and assisting with the AB 52 consultation process. Under the direction of the City’s Community Development Director, the Consultant (Chambers Group Inc) will serve as a coordinator and will provide the range of expertise necessary to carry out the normal functions of CEQA and NEPA. In accordance with the California Environmental Quality Act (CEQA), the City of Desert Hot Springs (“City”) follows CEQA Guidelines (California Code of Regulations – Title 14, Chapter 3) as its procedures for the review of development projects and other activities to ensure that the environment of the State is protected and enhanced.
The Chambers Group Inc. may be asked to provide a variety of professional services and prepare and/or peer review environmental documents (such as Environmental Impact Reports, Mitigated Negative Declarations, Negative Declarations, Initial Studies, and/or technical studies) in compliance with the requirements of CEQA and NEPA. Typical environmental impacts which will need to be assessed include but are not limited to:
Aesthetics Agricultural Resources
Air Quality Biological Resources
Climate Change/Global Warming Cultural Resources