City of Desert Hot Springs
ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, February 21, 2023
Council Chambers
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:00 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—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Supporters Alliance for Environmental Responsibility (SAFER) v.
City of Desert Hot Springs, et al, Riverside County Court Case Number CVPS2300062
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Desert Hot Springs, et al, Riverside County Court Case Number CVPS2300057
3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Desert Hot Springs Real Properties, Inc. v. City of Desert Hot Springs; Riverside County Court, Case Number CVPS2300254
City Council
February 21, 2023
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: APN 641-262-010
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Lynn F. Coker, Broker
Negotiating Parties: Nancy Portolesi
Under Negotiation: Price and Terms
PRESENTATIONS - 5:15 P.M.
A moment of silence was held in memory of community member, Judy Shea.
Certificates of Recognition Presented to DHS Eagles Cheer Mayor Matas and the City Council presented Certificates of Recognition to DHS Eagles cheerleaders for taking first place at a cheer competition.
Service Recognition of Former Commission Members
Mayor Matas and the City Council presented Certificates of Recognition the following individuals for their service on City Commissions: Derward Cook, Richard Duffle (not present), Lee Eastman, Requita Grant (not present), Robert Griffith, Ted Mayrhofen, and Walt Meyer.
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 Bobby Umaña gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember Pye led the Pledge of Allegiance; and spoke regarding American inventor, Garret Morgan, in honor of Black History Month.
City Council
February 21, 2023
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
APPROVAL OF AGENDA
ACTION: Approve the February 21, 2023 Regular Meeting agenda, and approve the Consent Calendar in its entirety.
Moved by Council Member Pye
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
PUBLIC COMMENTS
Tom Moen spoke regarding Desert Hot Springs.
CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided an update regarding various Public Works projects.
Roberta Crncic, Recreation and Community Services Director, provided Recreation Center updates and announcements.
MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Pye reported on the various meetings and events she attended.
Mayor Pro Tem Nuñez reported on the various meetings and events he attended.
Councilmember Gardner reported on the various meetings and events he attended.
Councilmember Betts reported on the various meetings and events he attended.
Mayor Matas reported on the various meetings and events he attended.
ADMINISTRATIVE CALENDAR:
5. 2023 Desert X Exhibition Participation and Sponsorship Request in the Amount of $35,000
City Council
February 21, 2023
Recommendation:
Consider the approval of:
1) Participation in the 2023 Desert X Exhibition;
2) Sponsorship in the amount of $25,000, to support the 2023 Desert X Exhibitions; and
3) Sponsorship in the amount of $10,000, to support the 2023 Desert X Closing Ceremony.
Staff Report - SR-23-031 - Pdf
Erick Becerril, presented the staff report and responded to questions.
Jenny Gil Schmitz, Executive Director of Desert X, addressed the City Council and responded to questions.
Gerald McKenna spoke in support and inquired about accessibility for the disabled.
Tome Moen spoke in support.
ACTION: Approve Staff recommendation.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Betts
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
6. Award Professional Services Agreement for Cannabis Consultant Planner Recommendation:
Authorize the City Manager to execute the Professional Services Agreement for cannabis consultant services with AM LLC, in the amount not to exceed $230,000 per year, with a contingency of $46,000 (20%) for any additional work as approved by the City, which brings a total budget of $276,000 per year, for a two-year term.
Staff Report - SR-23-036 - Pdf
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Betts
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
City Council
February 21, 2023
7. Geographic Information Systems (GIS) Services Agreement Recommendation:
Authorize the City Manager to execute a Professional Service Agreement between Infinity Technologies, and the City of Desert Hot Springs, for Geographic Information Systems (GIS) Services in the amount not to exceed $105,000 per year for a two-year term.
Staff Report - SR-23-033 - Pdf
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
8. Mid-Year Budget Adjustments for the 2022-2023 Fiscal Year Recommendation:
Adopt a Resolution of the City Council approving the mid-year budget adjustments for the 2022-2023 Fiscal Year.
Staff Report - SR-23-037 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.
A discussion ensued.
ACTION: Approve Staff recommendation and adopt Resolution No. 2023-004.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
CONSENT CALENDAR:
9. City Council Regular Meeting Minutes: February 7, 2023 Recommendation:
Approve the Minutes as presented; or as corrected.
Staff Report - SR-23-035 - Pdf
ACTION: Approved the Minutes as presented.
City Council
February 21, 2023
10. Second Reading and Adoption of 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"
Staff Report - SR-23-032 - Pdf
ACTION: Approved Staff recommendation and adopt Ordinance No 774: "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.”
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 7:20 PM.
Jerryl Soriano, CMC, City Clerk
SR-23-031
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 21, 2023
Department: City Manager
Prepared by: Erick Becerril, Housing and Community Program Manager Subject: 2023 Desert X Exhibition Participation and Sponsorship Request in the Amount of $35,000
RECOMMENDATION:
Consider the approval of:
1) Participation in the 2023 Desert X Exhibition;
2) Sponsorship in the amount of $25,000, to support the 2023 Desert X Exhibitions; and 3) Sponsorship in the amount of $10,000, to support the 2023 Desert X Closing Ceremony.
BACKGROUND:
Over the past several months Desert X has met with City Staff to discuss the proposed public art installations and activations within the City of Desert Hot Springs for the 2023 Desert X Exhibition (Exhibit 5). Desert X creates contemporary art exhibitions that engage with desert environments through site-specific installations by acclaimed and emerging artists from around the world.
Desert X will be installing various art exhibitions throughout the City of Desert Hot Springs which will be accompanied by hands-on participation from local high school students. As part of each exhibition Desert X creates programming that complements the artists and installations while engaging visitors both locally and internationally. Desert Hot Springs will be the City hosting the most art installations in comparison to all other Coachella Valley cities which serves as a tourism component thus helping increase tourism in the community.
1) The first installation, “Pioneer,” is being proposed by artist Tschabalala Self near the Two Bunch Palms Resort (Exhibit 2).
2) The second installation, “Hylozoic/Desires,” is being proposed by artists Himali Singh Soin & David Soin Tappeser on Worsley Road (Exhibit 3).
3) The third installation, "Searching for the Sky (While Maintaining Equilibrium)," is being proposed by artist Mario Garcia Torres on Pierson Boulevard (Exhibit 4).
From January through May 2023, PSUSD students (including Desert Hot Springs High School) will work with Desert X Educators and Desert X Artists through in-person classes, site visits, and individual studio chats to learn about the exhibitions and produce original documentary films expressing their unique perspectives on Desert X 2023.
SR-23-031
Finally, Desert X is requesting sponsorships from various cities in the Coachella Valley. Thus far, Desert X reports sponsorship commitments have been received from Palm Desert, Palm Springs, and Rancho Mirage.
The proposed funding request for the City of Desert Hot Springs includes a Closing Ceremony to be held at Dillon's Burgers & Beer to celebrate the completion and installation of all of the Desert X art installations. Desert X will begin on March 3rd and will end May 6th with a closing ceremony at Dillon's Burgers & Beer.
DISCUSSION:
Jenny Gil Schmitz, Executive Director of Desert X, submitted a request for funding (Exhibit 1):
1) The City of Desert Hot Springs' participation in the 2023 Desert X Exhibition and 2) A sponsorship in the amount of $25,000, to support the 2023 Desert X Exhibitions and 3) A sponsorship in the amount of $10,000, to support the 2023 Desert X Closing Ceremony.
FISCAL IMPACT:
This expense is appropriated in the FY22-23 Budget in the Art in Public Places Fund contract services line item. Account number 110-4320-50-72-0000.
ENVIRONMENTAL ANALYSIS:
None.
ATTACHMENTS:
Exhibit 1 - Sponsorship Request from Desert X
Exhibit 2 - "Pioneer" Installation Proposal
Exhibit 3 - "Hylozoic Desires" Installation Proposal
Exhibit 4 - "Searching for the Sky" Installation Proposal Exhibit 5 - Desert X 2023 Preview
Desert Hot Springs City Council
c/o Doria Willms and Erick Becerril
11999 Palm Drive
Desert Hot Springs, CA 92240
February 15, 2023
Dear Desert Hot Springs City Council,
The Desert X team is full steam ahead for Desert X 2023. Our internationally-renowned contemporary art exhibition will be held March 4 – May 7, 2023 throughout the Coachella Valley. Civic partnership has been and continues to be essential to the exhibition’s success, and we submit here a formal request and proposal for funding to the City of Desert Hot Springs. All of us at Desert X are appreciative to the city for past exhibition support and are hopeful that it will renew support in 2023.
Desert X would like to request $25,000 in exhibition support plus $10,000 to host our exhibition closing celebration in May 2023.
Since 2017, Desert X hosted several installations by prominent artists in Desert Hot Springs that showcase the city’s natural beauty, welcoming community spirit, and local businesses and presented enriching and engaging public program experiences that activate public spaces within the city and promote art education and awareness. Installations hosted in Desert Hot Springs to date include:
• Richard Prince, Third Place, 2017
• Julian Hoeber, Going Nowhere Pavilion #01 & Executed Variant DHS #1 (Q1, CJ, DC), 2019 • Kathleen Ryan, Ghost Palm, 2019
• Zahrah Alghamdi, What Lies Behind the Walls, 2021
• Alicja Kwade, ParaPivot (sempiternal clouds), 2021* *Installation was located in Sky Valley Desert X has also collaborated with Desert Hot Springs High School for Viewpoints, an educational program and video series that allows emerging creatives across the Coachella Valley (including students at including Desert Hot Springs High School) to explore and document the exhibition installations.
In 2023, Desert X plans to continue to utilize public spaces and resources in Desert Hot Springs in its installations and public programming to engage local and visiting audiences of all backgrounds and ages.
Desert X’s Education programming is expanding to the studio art classroom through the Desert X Art Club.
Alongside dynamic digital storytelling workshops in classrooms across all three school districts, the Desert X Art Club will engage studio art students from K-12 in a collaborative, hands-on arts appreciation program through in-person classroom instruction, after-school programs, school tours, community family day events, and more. Student creative work will be exhibited and celebrated at a juried show at the Marks
P.O. Box 4050
Palm Springs, CA 92263
United States desertx.org
Gallery in May 2023. We are also proud to be continuing our Viewpoints documentary program, that has been generously funded by The California Arts Council. Viewpoints engages at-promise youth and budding creatives in the community to produce short documentaries on installations in each exhibition.
Using varied aesthetic and narrative approaches, from video journalism to personal storytelling and experimental film structures, the series showcases the unique voices and perspectives of Desert Hot Springs and Coachella Valley youth as they investigate and respond to the artworks of Desert X. From January through May 2023, PSUSD students will work with Desert X Educators and Desert X Artists through in-person classes, site visits, and individual studio chats to learn about the exhibitions and produce original documentary films expressing their unique perspectives on Desert X 2023.
Thank you for your consideration, continued collaboration and support of Desert X. We look forward to discussing this proposal further. We are always open to new ideas and creative ways to bring our partnership to life.
Sincerely,
Jenny Gil
Executive Director
[email protected]
+1 760-567-3284
DESERT X
Proposal No. 2
Pioneer
Pioneer is a monument built in homage to the collective foremother’s of contemporary America. Placed in the Californian desert, Pioneer exist as a figure that is simultaneously born out the historical event of America’s creation and one that has an ephemeral quality, untethered by any moment in time . The desert, through it Abrahamic and general symbolic wealth in the collective West often references both the beginning and the end. Pioneer, similarly represents the lost, expelled and forgotten Indigenous, Native, and African women whose bodies and labor allowed for American expansion and growth; while also standing a beacon of resilience for their descendants; a visual representation of their birthright and place within the American landscape.
The transparent nature of the work alludes to the flexibility of the divine feminine spirit and form, and the fluidity of identity in contemporary America. Placed within the Palm Oasis of the desert, Pioneer poses the question: Does it only rain on wet land?
SR-23-036
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 21, 2023
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Professional Services Agreement for Cannabis Consultant Planner RECOMMENDATION:
Authorize the City Manager to execute the Professional Services Agreement for cannabis consultant services with AM LLC, in the amount not to exceed $230,000 per year, with a contingency of $46,000 (20%) for any additional work as approved by the City, which brings a total budget of $276,000 per year, for a two-year term.
BACKGROUND:
In 2021, the California Department of Cannabis Control released the Local Jurisdiction Assistance Grant Program, which provided local jurisdictions with funding to aid in transitioning high number of State provisional cannabis licenses into State annual licenses. The total grant program identified available funding for 17 local jurisdictions totaling $100 Million. The City of Desert Hot Springs was amongst those local jurisdictions that was identified with a total available grant fund amount of $822,160. The grant program also identified the grant guidelines and requirements for the application and selection process.
In response, the City of Desert Hot Springs submitted a grant application that met specific grant program guidelines and utilizing the available funds for the following scope of work:
1) The City will utilize the grant funds to hire planning/environmental consultant firms that will complete various tasks in assisting all cannabis provisional licensees in moving forward in the process to establish cannabis permanent licenses. These tasks will consist of processing and updating any pending, expired, and/or new cannabis applications and licensees from beginning to end, including but not limited to coordinating meetings with cannabis licensee applicants, reviewing all cannabis applications, completing and/or reviewing California Environmental Quality Act (CEQA) technical studies, completing CEQA analysis and reporting, processing all required local and State public noticing, assisting in processing applications through all public hearings through staff reports and presentations, and assisting applicants in submitting all State requirements for State cannabis licenses.
2) The City will also utilize the grant funds to hire IT/GIS consultant firms that will assist the City in establishing a software database for tracking of all the City’s cannabis licenses, including all provisional licenses, to be utilized for tracking through the entire process. The firm will update and develop user friendly online tools and resources for cannabis applicants, develop online
SR-23-036
cannabis applications and online submittal processes. This will help streamline the cannabis application process by making all resources readily available to applicants.
DISCUSSION:
On November 2, 2022, the City of Desert Hot Springs released a Request for Proposal for Consultant Cannabis Planner(s) to provide consultant services in processing of cannabis project applications through the entitlement process and the City and States’ permitting process. The Request for Proposal was posted on the City’s website. The Request for Proposal closed on December 9th, 2022, and the City received three (3) proposals from consultants listed below. One consultant requested an extension for submittal and was granted by the City.
Staff completed independent evaluations for each proposal and ranked each firm based on the following criteria:
1. Experience with Cannabis Consulting and Planning with City Government and Cannabis Development Projects.
2. Staff qualifications.
3. Experience with CEQA in the development process of projects.
4. Experience with California Department of Cannabis Control (DCC) applications, permits, and requirements.
5. Experience with project management, project database, and project tracking.
The result of the rankings was as follows:
Consultant Evaluator 1 Evaluator 2 Evaluator 3 Average Rank Team AM -
AM LLC and
Higher Yields
Consulting
75 73 75 74.3 1st
Wolf
Environmental
Inc
62 45 50 52.3 2nd
Quantum
Consultations 15 30 20 21.7 3rd
After staff completed the qualification evaluations, the bid proposal for each consultant were reviewed and the results were as follows:
Consultant Total Annual Cost Rank
Wolf Environmental Inc $148,200 1st
Team AM - AM LLC and
Higher Yields Consulting $230,000 2nd
Quantum Consultations $291,200 - $436,800 3rd
*This fee only included one staff, additional staff will be additional costs.
Based on the qualification evaluations and the bid proposals, Staff found AM LLC to be the most qualified consultant, and is recommending award of contract.
SR-23-036
All expenses related to this contract will be reimbursed 100% by the California Department of Cannabis Control Local Jurisdiction Assistance Grant Program.
FISCAL IMPACT:
This contract is for $230,000 per year, with a contingency of $46,000 (20%), which brings a total budget of $276,000 per year, for a two-year term.
All expenses related to this contract will utilize the $657,000 in grant funds already received by the City. These funds have been deposited in the Department of Cannabis Control Grant Special Revenue Fund in the City's general ledger.
ATTACHMENTS:
Exhibit 1 - AM LLC - Professional Services Agreement
Exhibit 2 - AM LLC - City of Desert Hot Springs Consultant Cannabis Planner
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
AM LLC
This Professional Services Agreement (“Agreement”) is made and entered into this February 21st, 2023, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and AM LLC, hereinafter referred to as “Consultant.” RECITALS:
WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with Cannabis Consulting Services as directed by the City (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,
CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services as-directed in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.
Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect until February 21, 2025, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.
Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, a total amount not to exceed TWO HUNDRED THIRTY THOUSAND Dollars and Zero Cents ($230,000.00) per year for two years.
Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:
Emily Pearson
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.
Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.
Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.
Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.
Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT
OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS
OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.
Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.
Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with
the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.
Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND
LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.
Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any
and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
Section 18. RESERVED
Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant: Naphtali Odongo
Telephone: (571)766-6029
Email: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.
Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services that are not finished by Consultant.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.
Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 33. PRINCIPAL REPRESENTATIVES
a. Mark Dumford shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Daniel Porras, shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.
Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.
Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.
Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Section 42. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.
Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.
Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.
Section 45. RESERVED
Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
CITY OF DESERT HOT SPRINGS
_____________________________
Luke Rainey, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
_____________________________
AM LLC
_____________________________
Naphtali Odongo
N:\DHSO\0001-01 General\Doc\6051
EXHIBIT “A”
SCOPE OF SERVICES
• See attached proposal
RESPONSE TO REQUEST FOR PROPOSAL:
Cannabis Consultant Planner
City of Desert Hot Springs
Attn: Daniel Porras
Assistant City Manager
[email protected]
December 9, 2022
Your Trusted Partner in Cannabis Regulatory Support i
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
TABLE OF CONTENTS
1. Cover Letter......................................................................................................................................................................................................................... 1
2. Consultant Portfolio..................................................................................................................................................................................................2 Introduction to Team AM....................................................................................................................................................................................2 Portfolios..............................................................................................................................................................................................................................3 Proposed Project Approach............................................................................................................................................................................4
3. Consultant Organization Chart with Roles and Responsibilities.................................................................................6 Organization Chart...................................................................................................................................................................................................6
4. Consultant Resume(s) ..........................................................................................................................................................................................7 Cory Waggoner............................................................................................................................................................................................................7 Emily Seelman...............................................................................................................................................................................................................9 Shannon Bustos.........................................................................................................................................................................................................10 Jesse Larson....................................................................................................................................................................................................................11 Shannon O’Mara........................................................................................................................................................................................................ 12 Amber Tomlinson, MPH.......................................................................................................................................................................................13 Additional SMEs ..........................................................................................................................................................................................................14
5. Consultant Sub-Contractors and/or Recommended Sub-Contractors ........................................................16
6. Consultant Similar Work Experience ......................................................................................................................................................17
7. Proposed Available Schedule .....................................................................................................................................................................20
8. Additional Recommendations from Consultant.....................................................................................................................20
9. Fee Proposal .................................................................................................................................................................................................................20
Your Trusted Partner in Cannabis Regulatory Support 1
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
1. COVER LETTER
December 9, 2022
Daniel Porras
Assistant City Manager
City of Desert Hot Springs
[email protected]
Re: Response to Request for Proposal (RFP): Cannabis Consultant Planner Dear Mr. Porras and Evaluation Committee,
AM LLC (AM), in collaboration with Higher Yields
Consulting LLC (HYC) has convened a group of
national leaders and renowned experts in cannabis
policy, licensing and applications, and project
management specifically in response to the needs
of the City of Desert Hot Springs.
Our experts and applied knowledge of cannabis
industry best practices, coupled with our broad
experience in project and data management,
enable us to successfully address complex issues
applicable to the evolutionary cannabis market.
Team AM will provide the City of Desert Hot Springs
with exemplary service and results, as well as the
ability to deliver a comprehensive depth of
expertise that most businesses or single person are
unable to provide on their own. Our crossfunctional team of leaders from the legal, public health, research, and policy arenas are located
throughout California and the nation. They have
insightful familiarity given their statewide work and
understand the local challenges posed by the
rapidly emerging and evolving cannabis market.
We look forward to the opportunity to assist the City of Desert Hot Springs with this important project. If you have any questions or require additional information, please contact me via email at [email protected] or by phone at (571) 766-6029.
Respectfully,
AM LLC
Dan Gabriel, CEO
TEAM AM
AM LLC
P Certified as a Historically Underutilized
Business Zone (HUBZone) small business
P Focused on helping state and local
governments achieve essential
objectives by addressing specific policy
and regulatory aims
P Recently ranked as the No. 1 fastest
growing firm in the D.C. region for 2019-
2021 by the Washington Business Journal
Higher Yields Consulting LLC
P International Cannabusiness consulting
firm whose founding members have
been successfully providing professional
services to the commercial cannabis
and hemp industries since 2008
P Worked on over 500 cannabis
applications in 40 states and 25
countries
Your Trusted Partner in Cannabis Regulatory Support 2
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
2. CONSULTANT PORTFOLIO
To provide the requested services to the City of Desert Hot Springs, AM LLC (AM) is teaming with Higher Yields Consulting LLC (HYC). Together, AM and HYC are collectively known as Team AM.
INTRODUCTION TO TEAM AM
AM LLC / AM Bioscience
AM LLC is a national government solutions firm certified as a Historically Underutilized (HUBZone) small business. From our inception, we have supported and partnered with state and local government agencies to address and manage essential and emerging needs.
To support government agencies within the cannabis arena, we formed AM Bioscience. We understand the challenges posed by the rapidly emerging cannabis market. As states and jurisdictions across the country explore options for licensing, taxing, and regulating medical and adult use cannabis, consumer safety and quality assurance are critical to a responsible regulatory strategy and evidence-based economic viability. We are committed to working with state and local government agencies to safeguard public health while helping to ensure viability through analysis, planning, and implementation services. We help state and local governments achieve these objectives by integrating multidisciplinary subject matter expertise to address specific policy and regulatory aims.
The team of experts at AM Bioscience create a unique synergy of demonstrated successes in the state and local cannabis arena through experiential expertise, academic affiliations, and project management. With experts in drug policy, health policy, public health and safety, clinical research, social justice, taxation, and economics, AM Bioscience is quickly establishing a reputation as a trusted resource for state and local governments.
Higher Yields Consulting LLC
Higher Yields Consulting LLC (HYC) is a cannabis business consulting firm that advises state and local agencies on policies and best practices associated with equity planning, compliance, and yield analysis. They work with federal governments, supporting them with regulatory structure and program development to create vertically integrated supply chains worldwide.
They also advise start-ups on applications and licensing, financing, taxes, real estate issues, regulations, and compliance. With a four-step “Higher Enlightenment” process, HYC provides “seed-to-scale” guidance for start-ups and the operation of cannabis businesses in the U.S. and internationally, helping entrepreneurs navigate the complexities of real estate development, permitting, financing, mergers, and hemp and cannabis product sales/distribution.
HYC immerses themselves as deeply as possible in every aspect. They are helping to craft the legislation in emerging markets. In established markets, they attend the city council meetings, get involved in the lobbying efforts, and are actively connected with the individuals who have the power to further shape the trajectory of the cannabis industry.
Your Trusted Partner in Cannabis Regulatory Support 3
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
PORTFOLIOS
An overview of AM’s and HYC’s client base and projects is provided below. Additional details are provided in Section 6. Consultant Similar Work Experience.
AM Bioscience
AM’s client base includes federal agencies (e.g., Department of Defense, Centers for Disease Control and Prevention, Department of Veterans Affairs), state and local governmental agencies (e.g., City of Sacramento, Orange County Health Care Agency) and school districts (e.g., San Bernardino City Unified School District). We worked with several of these state and local agencies and school districts throughout the COVID-19 pandemic – guiding them through rapidly-changing regulations, establishing new programs, developing new Standard Operating Procedures (SOPs), and improving existing processes and educational material.
We are currently working with the City of Sacramento on a project within the cannabis industry.
In addition, members of AM have partnered with some of the largest and most respected international consulting firms on projects related to the formation and implementation of cannabis markets and their continued regulation. In these projects, AM members were involved in efforts to optimize statutory or local ordinance-based regulations and tax rates to maintain competitive and sustainable markets within their respective jurisdictions. The success of these efforts proved mutually beneficial to businesses and local governments alike in the form of increased tax revenues and well-regulated and legal markets. These projects also produced indepth analyses for use in compliance monitoring, budgeting, and information dissemination to enhance public support.
Additional projects include:
● Spoken before state legislatures, including in California, to address legislative measures and inform policy makers of challenges confronted by other states. ● Drafted and implemented sustainable regulatory and tax laws in local markets throughout California and optimized existing laws to address regulatory and revenue shortfalls in existing ordinances.
● Presided over hundreds of cannabis-related audits and implemented optimized policy and regulatory measures to enhance legal cannabis industries and minimize illicit markets.
Higher Yields Consulting LLC
HYC is working with clients in 40 states, including California, delivering cannabis business consulting. Their client base includes start-up businesses all the way up to federal governments.
Their client base combines for over $250M in annual cannabis revenue.
As a leader in strategic guidance and support for new business enterprises, HYC has adapted approaches to serve equity awardees with the necessary compliance and planning support for long-term success. This adaptation has come from recent experiences in the industry, where assessments and trajectory planning have dominated the scope of consultant-based services.
To ensure sustainability for new business both in and out of the equity arena, HYC’s wholistic approach is setting benchmarks in the industry and is poised to continue as the company expands its ability to assist at the state and local level with essential planning and facilitation services.
Your Trusted Partner in Cannabis Regulatory Support 4
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
HYC has guided the development and completion of more than 500 cannabis licensing and permitting applications, including merit-based licensing applications in 13 U.S. states. In addition, HYC currently serves as third party auditors for The Safe Harbor Program (Safe Harbor), the nation’s first and only service-based program specializing in connecting cannabis-related businesses with financial institutions. Safe Harbor provides due diligence, monitoring, and assistance with financial reporting to enable cannabis businesses to have banking relationships that follow FinCEN guidelines, and HYC ensures Safe Harbor’s services are delivered in full compliance with Know Your Customer (KYC) guidelines, the Bank Secrecy Act (BSA), and all other applicable regulations.
HYC have been third-party auditors to Safe Harbor since 2017, beginning with projects in Colorado and expanding to audit Safe Harbor operations across the U.S. The HYC team has more than 50 years of combined experience implementing and auditing Marijuana Enforcement Tracking Reporting Compliance (METRC) and BioTrack, inventory, and point-of-sale systems that ensures the cannabis business and medical cannabis dispensary owners operate lawfully and meet their state’s reporting requirements.
Additional projects include:
● Drafted over 500 cannabusiness consulting applications. ● Won licenses in 13 merit-based states.
● Audited and supported banking of hundreds of cannabis businesses nationwide. ● Commercial construction and system support of over 3 million square feet. ● Working with some of the most well established and largest multi-state operators (MSOs) in the industry.
● Consistently supporting the continued growth of over 100 current client projects. ● Worked in more than a dozen countries internationally.
PROPOSED PROJECT APPROACH
Curated Team of Subject Matter Experts
To best serve the City of Desert Hot Springs, we are proposing a team of cannabis and project management Subject Matter Experts (SMEs). Our cannabis SMEs have worked as advisors on all cannabis related questions, including applications, licenses, ownership structure, land use, taxation, neighborhood, and real estate issues. Our project management SMEs have guided state and local agencies – in California and throughout the U.S. – in responding to rapidly changing industries by developing best practices, streamlining processes, and staying current with regulations.
We curated the proposed team of SMEs based on the needs of the City of Desert Hot Springs.
Each SME brings deep experience and knowledge in a specific area. This depth of expertise will ensure we provide the City with the best solution.
Approach to Completing Scope of Services
Team AM will assist all cannabis related applicants - new applicants as well as those currently sitting in the queue – in navigating through the City’s entitlement and permitting process and through the State’s provisional and permanent licensing process. To do this, Team AM will
Your Trusted Partner in Cannabis Regulatory Support 5
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
interview applicants to identify key pain points such as documentation, real estate / facility development, and compliance. We will then engage SMEs to guide the applicants through each issue. It is the SME’s goal to help applicants understand the process and provide them with a roadmap to follow.
Team AM will also review the City’s permitting applications, educational materials, and processes and provide recommendations for more efficient practices. The information gathered through the applicant interviews will be instrumental in helping us identify areas for improvement and make recommendations, such as streamlining SOPs and developing and/or improving educational materials.
We have existing project plans, SOPs, and tools that can be utilized when reviewing the City’s existing processes and providing recommendations. For example, HYC has an existing Assessment Tool that can be utilized to identify weaknesses and areas for improvement. They have also developed software (https://crsllconline.com/mgr/) that allows users to upload documents, provides a checklist, and sends task reminders.
Team AM is focused on continuous improvement and learning – and we bring this to our clients.
HYC considers themselves a learning organization. They have proven processes and track record of success in countless unique businesses, stages, and license types, but also know that there is always more to learn and there are always new opportunities emerging in this industry.
Our team has the finger on the pulse of the changing policies. We can advise the City about most likely changing legislation and how it will impact their processes.
On-Site and Remote Support
To increase efficiency and reduce costs, our SMEs will work remotely. However, we understand the City’s request to have personnel on-site at the City’s offices to meet stakeholders and see the City’s systems. To meet this request, we will provide a team of SMEs on-site for the first one to two weeks of the project to provide face-to-face interaction with City Staff, interview applicants and stakeholders, and inspect the City’s existing systems. We will also provide on-site SMEs approximately 90 days into the project to present our findings and recommendations to the City.
Project Work Plan
Key steps of our Project Work Plan include:
● Coordinate Stakeholder Meeting(s). Team AM will meet with the City to determine high level needs for a customized implementation plan.
● Establish Standard Operating Procedures (SOPs). In collaboration with the City, Team AM will establish main points of contact to meet and determine the creation of SOPs. ● Quality Control (QC) Plan. We utilize Six Sigma standards for system quality management, monitoring and reviewing requirements, and for measuring performance and cost control. QC is an ongoing function that will carry through the project and evolve as the needs of the project change.
● Day One Activation of Project by the Project Manager. We will work with the City to ensure adherence to all applicable City protocols.
Your Trusted Partner in Cannabis Regulatory Support 6
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
● Contract Management Plan. We align our Contract Management Plan with the Project Management Institute’s (PMI) Project Management Body of Knowledge (PMBOK).
Contract and Project Management plans to include scope, cost, and schedule will be implemented to meet expectations throughout the project lifecycle, incorporating critical path analysis, managing costs, and schedule and following scope through regular reviews.
● Reporting and Deliverables. If requested, reports will be provided daily, weekly, and monthly or ad-hoc as the City determines.
● Assessment. Our Project Manager, supported by AM leadership, will assess current workflows for gaps in communication, operations, execution, logistics, etc., through a continuous improvement lens and make changes accordingly. Team AM will continue to run gap assessment or other continuous improvement assessments to the project through the length of the contract.
3. CONSULTANT ORGANIZATION CHART WITH ROLES AND
RESPONSIBILITIES
Team AM has tailored an organizational structure to meet the specific and unique requirements essential to managing this contract. Team AM’s structure ensures streamlined communication with the City and stakeholders. Accountability is clearly defined and immediate access to decision makers - at the project and executive level - is established at project kick-off.
AM will be the lead on this project and provide project management and oversight and SME support.
Higher Yields Consulting will provide the primary team of SMEs, including SMEs available to work with the City of Desert Hot Springs on-site at the City offices located at 11999 Palm Drive, as described in the Proposed Project Approach in Section 2. Consultant Portfolio.
ORGANIZATION CHART
Amber Tomlinson, MPH
Project Manager
City of Desert Hot Springs
Naphtali Odongo, MPH
VP, Program Delivery
Cory Waggoner
CEO and Founder
Team AM
Cannabis and
Project Management
Subject Matter Experts
Your Trusted Partner in Cannabis Regulatory Support 7
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
4. CONSULTANT RESUME(S)
Team AM is proposing a team of SMEs to support the City of Desert Hot Springs. Their resumes are provided below and on the following pages.
CORY WAGGONER
Subject Matter Expert: Cannabis Consulting
Mr. Waggoner founded Higher Yields Consulting in 2015 with the goal of bringing structure, stability, and quality assurance to the budding cannabis industry. Built on his four pillars of healthy cannabis businesses – Strong Startup, System Design & Implementation, Brand Development & Deployment, Growth & Scaling – Mr. Waggoner designed Higher Yields Consulting to solve the most complex and problematic issues in the cannabis industry. Mr.
Waggoner’s most notable contributions to the cannabis industry include: 1) Developing regulations and standards for the federal government of Mexico to provide structure and legitimacy to their national cannabis industry; 2) Developing and elevating the cannabis market in South America and the Caribbean; 3) Developing cultivation sites and manufacturing sites in Africa; and 4) Partnering with Malta to develop supply chains and international deals to the EU, including special projects in Portugal.
In 2008, Mr. Waggoner entered the cannabis industry as an operator helping develop commercial cultivation sites in Northern California. Seeing the vast potential and sophisticated market emerging in Colorado, Mr. Waggoner moved to the Centennial State to partner with several retail facilities, cultivators, and manufacturing laboratories in 2010.
Recognizing the need for experience-based regulations and professional services to support cannabis operations, Mr. Waggoner worked with distressed retail stores and cultivation sites from 2013 to 2015 to implement sustainable processes and quality-predictable procedures.
Throughout his time rescuing cannabis businesses under strain, Mr. Waggoner developed dynamic Standard Operating Procedures (SOPs) and strategies that dramatically increased profit margins in an ever-changing industry.
His experience fixing and – when owners desired to – flipping cannabis businesses inspired Mr.
Waggoner to make his services available to cannabis businesses around the country by founding Higher Yields Consulting.
In early 2019, Mr. Waggoner founded the Higher Yields Hemp Collective (HYC Hemp Co), which uses investor proceeds to provide contracted farmers with the supplies and support they need to grow high-quality industrial hemp for CBD production. HYC Hemp Co then coordinates the market sale of harvests, reaping profits for small farmers across the U.S. and investors worldwide.
As HYC Hemp Co Executive Director, Mr. Waggoner oversees strategy and partnership development, supply sourcing, and contract negotiations with investors, farmers, co-op vendors, and crop buyers. He is currently helping farmers, CBD extractors, and hemp products distributors address their needs by building and maintaining a qualified team of professionals to support the collective and its farmers while seeking investors globally.
Your Trusted Partner in Cannabis Regulatory Support 8
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
Related Work Experience
CEO and Founder, Higher Yields Consulting, 2015 - Present Leads the team of expert consultants at Higher Yields Consulting while also serving clients directly in his unique areas of expertise, including international regulations, domestic legislation development, and strategy and innovation for operators in states with varying application processes, regulations, and markets.
Education and Professional Memberships
● Social and Behavioral Sciences, Pre-Law Studies, and Philosophy, University of Alabama at Birmingham, AL
Media and Publications
● Feature Article: Mexico’s Medical Marijuana Industry Getting Boost from Higher Yields ● Podcast Guest: The Caribbean Cannabis Channel: Higher Yields Consultancy – No Project Too Large, No client Too Small
● Podcast Guest: Cannabis Business Interviews: Higher Yields Cannabis Consulting with Cory Waggoner
● Author: 10 Quick Tips for Cultivation Beginners
● Contributing Source: What Does Expanding Cannabis Legalization Mean for CRE Investors?
● Podcast Host: International Cannabis Happy Hour Round Table ● Blogs by Cory Waggoner
● The Higher Enlightenment Podcast
Your Trusted Partner in Cannabis Regulatory Support 9
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
EMILY SEELMAN
Subject Matter Expert: Licensing, Dispensary Applications & Legalese Ms. Seelman brings with her experience in the start-up industry as well as a legal background.
Since 2016, Ms. Seelman has been working with clients in preparing their dispensary applications for cannabis licenses. As a result of her expertise in the industry, Ms. Seelman has been a guest on numerous interviews, podcasts, FM radio shows, magazines, and speaking stages. Part of her practice is to anticipate legislative and regulatory changes in local, state, and federal laws regarding cannabis and ancillary items affecting the cannabis industry, such as banking, zoning, and compliance standards.
Work Experience
Senior Technical Writer: Licensing, Dispensary Applications & Legalese, Higher Yields Consulting, 2017 - Present
Oversees a team of writers with significant experience in cannabis dispensary preparation. In addition to dispensary application writing, the team also has expertise in law, government contract writing, procurement for the federal government, FDA regulations, education, journalism, and cannabis business operational buildout.
Litigation Attorney, Leech Tishman, 2015 - 2018
Practiced as an Associate Attorney in the Civil Litigation and Employment law sections of the 13th largest law firm in the City of Pittsburgh. Worked with the firm’s legal cannabis team in preparing applications for individuals applying for Pennsylvania medical cannabis permits, as well as dispensary applications.
Various Positions, Duquesne University School of Law, 2014 - 2016 Associate Editor for the Duquesne Law Review Journal and received the Distinguished Junior Staff Editor Award. Served as the law school representative for the Pennsylvania Bar Association and Allegheny County Bar Association-Women in Law Division, Vice President of the Christian Legal Society and worked as a student-representative for the Barbri Bar Preparation Company.
She was a three-year Merit Scholarship recipient for high levels of achievement.
Education and Professional Memberships
● Bachelor of Science, Business Marketing (graduating with high honors in Marketing Management and Dean’s List with Distinction), Grove City College ● Juris Doctorate (graduated Cum Laude with an award for the highest grade in Expert Evidence), Duquesne University School of Law
Honors and Awards
● CALI Excellence for the Future Award--Expert Evidence, Issued by CALI, June 2015 ● Distinguished Junior Staff Editor Award, Issued by Duquesne Law Review Journal, May 2015
Your Trusted Partner in Cannabis Regulatory Support 10
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
SHANNON BUSTOS
Subject Matter Expert: Coordinating Real Estate & Cannabis Business Ms. Bustos came into Higher Yields Consulting (HYC) to provide professional support and HYC quickly came to realize how important Ms. Bustos was in expediting growth and success. She has previous and ongoing experience in general real estate, cannabis real estate, and business endeavors. She has brokered real estate deals specific to the cannabis market navigating complex financing, compliance, regulations, and licensing issues that only arise within this niche market. Ms. Bustos understands the cannabis industry from a business perspective as a previous cannabis store manager. Ms. Bustos also has experience in the culinary profession, from business management to culinary production and is specifically trained in traditional French Cuisine. Ms. Bustos has cultivated the skills she attained in the culinary profession to the real estate and cannabis industry. Planning, organizing, purchase, and preparation are of utmost importance. The food and cannabis industry facilitate a culture of creativity, positivity, and well-being that Ms. Bustos looks to capture for the clients of HYC. Ms. Bustos is working to continue these philosophies as she moves forward within the cannabis business in Colorado and the exciting real estate market.
Work Experience
Director of Growth Services, Higher Yields Consulting, 2018 - Present Developed a strategic process utilizing multiple GIS mapping platforms to identify and verify “Green Zones.” Leads HYC’s National Commercial Cannabis Real Estate Network - a real estate resource for anyone in the cannabis industry with a real estate background. Facilitates networking, education, and mentorship for the group to accelerate success within the cannabis and real estate professions. Helps brokers and developers at a local and global level navigate through the complexity of licensing, property development, branding, and financial projects in the cannabis industry. Identifies the best sellers, brokers, and buyers for each meeting to present to the group. Helps them develop and provide educational presentations to expand upon knowledge bases to maximize growth in the real estate and cannabis business in Colorado.
Works with clients online and/or within the Colorado area to negotiate and arrange real estate transactions, write contracts, and advise on real estate prices, mortgage, and market conditions.
Real Estate Broker, 2015 - Present
Works closely with real estate investors to ensure successful transactions and success for the client. Researches, locates, and finds properties to restore and then resell.
Manager, The Clinic, 2012 - 2018
Managed multiple stores with The Clinic, a cannabis business in Colorado, ensuring staffing, inventory, standard operating procedures, and compliance at all times. These efforts awarded The Clinic with the coveted Cannabis Cup Award. The Clinic is the most awarded dispensary cannabis business in Colorado.
Your Trusted Partner in Cannabis Regulatory Support 11
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
JESSE LARSON
Subject Matter Expert: Design Build
Mr. Larson began his career in security with the United States Army, serving for four years. His main responsibility was to protect the highest command military officials as a Personal Security Detachment (PSD) leader. He learned the importance of security and the skills necessary to provide it, even in the most dangerous and volatile situations. Mr. Larson learned that organization, planning, collaboration, and preemptive thinking were instrumental in maintaining safety for military defense. These experiences enhanced creative and immediate problem solving and communication skills. Mr. Larson’s experiences continue to guide him in ensuring security success in any situation for HYC and their clients. Mr. Larson thrives on developing solutions to complex problems. He strives to provide competencies and believes in ensuring that expectations and standards are maintained through certifications and education.
Work Experience
Director of Design Build, Higher Yields Consulting, 2018 - Present Has worked with local governments to be awarded permits for multiple facilities across the United States and is currently developing a vertically integrated operation in Brisbon, Australia.
Responsible for Design Build Project Management, as well as compliance and security services.
Provides a client centered security approach to ensure that security processes, mandates, and client needs are harmonized and delivered. Collaborates with the client and provides his expertise to ensure that the most suitable security system is chosen, or tailor made. Provides proactive support, analyzes security trends, and recommends changes to maintain compliance.
Works with the client to ensure that security needs are attained with responsible economic collaboration. Provides support in operating procedures at HYC. Aims to achieve efficiency, quality output, and high yielding performance through organization and contributions to standard operating procedures (SOP) developed within the organization. Lends international support in HYC’s global movement initiative.
Director of Operations, Freedomsmoke USA International
Analyzed the company’s current standard operating procedures to determine trends of inefficacy. Tailored and created protocols and initiated changes to staffing and inventory. The company noted an improvement with proper staffing strategies by reducing overhead costs, employee stress, and turnover. Worked to develop effective inventory management procedures.
Provided solutions to always ensure stock availability, yielding product, productivity, and profit.
Education and Professional Memberships
● Bachelor of Business Administration, International Business, University of Colorado, Denver, CO
Media and Publications
● Speaker at the Cannabis Social Equity Opportunities Conference in Denver on November 5, 2022
Your Trusted Partner in Cannabis Regulatory Support 12
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
SHANNON O’MARA
Subject Matter Expert: Licensing and Regulatory Compliance Ms. O’Mara brings forth more than three years of cannabis industry experience. With expertise in licensing and regulatory compliance, she has experience with both competitive and noncompetitive application writing in various medical, adult-use and hemp markets, including being awarded a vertically integrated medical license in West Virginia comprised of one cultivation, one processing, and five dispensary licenses. Her strengths include overseeing all subject matter expertise, including public affairs, security, finance, and numerous other service departments to ensure projects are completed on time, on budget, and in compliance with all applicable state and local regulations. Ms. O’Mara works with clients small and large, domestically and internationally, to ensure business goals are met in order to turn a dream into a tangible, successful reality.
Work Experience
Director, Compliance and Program Manager, Higher Yields Consulting, 2018 - Present Specializes in supporting clients through the initial steps of becoming operational. Worked with operators across the United States and local governments to ensure permits, certificates for occupancy, and local/state licenses are awarded to allow operations to begin. Oversees each client program to ensure successful outcomes and project completion. Supports clients with clear and concise direction for crucial developmental steps in the execution of their cannabis goals. By highlighting internal developments of efficiency and external growth opportunities, it is her goal to increase client revenue acquisition and scalability.
PMO Project Manager, Columbia Care, 2019 - 2022
Managed the successful submission of compliant cannabis license applications and overseeing the development and operationalization of awarded dispensary, cultivation, and processing facilities for a large multi-state operator.
Events Coordinator, 451 Agency, 2016 - 2019
Planned and coordinated events and provide executive level assistance at an award-winning digital design agency specializing in website design and development, branding, and digital strategy.
Education and Professional Memberships
● Bachelor’s Degree, Business Administration and Management, Providence College, Providence, RI
Your Trusted Partner in Cannabis Regulatory Support 13
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
AMBER TOMLINSON, MPH
Project Manager
Ms. Tomlinson, MPH, is efficient in health promotion, evaluation, and education. She is skilled at leading evaluations and promoting overall health, wellness, and education. She is focused on helping the health care industry achieve short-and long-term goals. Ms. Tomlinson’s project management skills include providing detailed technical and operational direction in project challenges, consistently meeting deliverables according to deadlines. She has successfully planned, designed, and scheduled phases for large projects. Ms. Tomlinson has accelerated progress by continually reviewing performance, budgets, and project timelines. She is skilled at orchestrating projects within strict timeframes and budget constraints by solving complex problems and working closely with senior leaders. Ms. Tomlinson is bilingual in Spanish.
Work Experience
Operations Project Manager, AM LLC, 2021 - Present
Oversees health testing programs throughout San Bernardino County, California. Applies continuous improvement methodologies to existing processes and procedures, identifies operational gaps, and suggests and implements improvements. Implements strategic planning.
Shares evidence-based practices, improvement strategies, and educational resources with program stakeholders to assess program success. Meets project deadlines without sacrificing quality or workplace safety. Leads project teams through design, construction, and launch process. Provides fiduciary oversight to remain within budget constraints, recommending project adjustments where necessary. Identifies plans and resources required to meet project goals and objectives. Achieves project deadlines by coordinating with contractors to manage performance. Manages projects from procurement to commission and monitors performance.
Maintains relationships with vendors to lower costs and diversify capabilities. Drives team success through shared vision and recognition of quality performance.
Operations Team Lead, ONRAD, 2016 - 2020
Worked effectively with a diverse team to accomplish daily objectives and meet long-term goals. Approached and solved work problems with initiative and knowledge of medical operations. Met customer needs consistently, closely discussing each person's needs and how best to meet each one. Enhanced customer satisfaction with fast, knowledgeable medical service. Helped the team handle high-volume work by effortlessly prioritizing tasks and organizing medical data. Served customers by going above-and-beyond to offer exceptional support for all needs
Education and Professional Memberships
● Master of Public Health, Public Health Education and Promotion, Claremont Graduate University
● Bachelor of Science, Clinical Laboratory Science / Medical Technology, National University ● Bachelor of Arts, Chemistry, California State University San Bernardino
Your Trusted Partner in Cannabis Regulatory Support 14
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
ADDITIONAL SMES
Team AM offers a robust team of additional SMEs who are available to provide support, as needed. These SMEs have worked as cannabis policy advisors, legislative and tax attorneys, researchers, educators, writers, professors, and tax counsels, for many of the states that have licensed, taxed, and regulated cannabis businesses in the first decade of adult-use manufacture and sale, and the first two decades of medical cannabis licensing. They have introduced, considered, and made recommendations on many of the principal compliance issues in play today.
Brad Rowe, MPP
Cannabis Policy Advisor
● Expert in cannabis policy licensing, regulation, taxation, and illicit markets. ● Currently leading a statewide socio demographic study of cannabis business owners/operators and consumers for the California Department of Cannabis Control. ● Is a Lecturer of Public Policy at University of California Los Angeles (UCLA) Luskin School of Public Affairs and recently started teaching Cannabis Policy and Society, the first of its kind in the country.
● Has evaluated drug policy and criminal justice programs for international, federal, state, county, and city partners.
Jonathan Gerth, Esq.
Cannabis Financial and Tax Specialist
● Assisted over 100 municipalities in drafting their local regulatory and cannabis tax auditing procedures, ballot measures, and regulatory and appeals procedures. ● Assisted the City of Palm Springs, California in auditing and regulating medicinal cannabis, which was one of the first documented cases in California. ● Heavily involved in drafting the ordinances statewide pursuant to Cal. Const., art. XIII.C, commonly known as Prop. 218, and conducted and/or supervised hundreds of financial/compliance audits and regulations of the industry. ● Provided substantially innovative statutory and local ordinance drafting throughout California as well existing and proposed state and federal legislative analysis and recommendations.
Amanda Reiman, PhD, MSW
Cannabis Program Development and Evaluation Advisor
● An internationally recognized cannabis expert, public health researcher, and leader in the field of cannabis as a substitute for alcohol and other drugs. ● Taught courses on substance abuse treatment and drug policy at University of California Berkeley for ten years and has presented her research on cannabis dispensaries and the use of cannabis as a substitute for opiates all over the world. Her work has been featured in The Huffington Post, New York Times, and Washington Post, as well as numerous peerreviewed academic journals and textbooks.
Your Trusted Partner in Cannabis Regulatory Support 15
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
● Former Director of Research and Patient Services at Berkeley Patients Group, one of the oldest dispensaries in the country, and the Manager of Marijuana Law and Policy for the Drug Policy Alliance, a national non-profit engaged in drafting and campaigning legalization initiatives across the country and abroad. ● The first person to chair the Berkeley Medical Cannabis Commission and sat on the Oakland Cannabis Regulatory Commission.
● Currently sits on the Board of Cannabis Doing Good and the Cannabis Travel Association International and is a member of the Ganjier Council.
David Lampach
Laboratory Strategy and Development Advisor
● A cannabis industry innovator, cultivation expert, and entrepreneur with more than 15 years of experience in the field.
● Has advised several states on the creation of sensible quality assurance regulations. ● Former team leader for the BOTEC team that advised Washington State on the creation of their cannabis regulatory framework.
● Served as a panelist on the California Blue Ribbon Commission to analyze key issues facing California’s cannabis industry.
● Provided guidance to the government of Jamaica at the onset of its cannabis legalization initiative.
Dilara Üsküp, PhD, PhD
Research and Equity Advisor
● Current Co-Principal Investigator of CaliCANN, a demographic analysis of the California cannabis market.
● Experienced in collaborating and consulting with faith-based and faith-placed cannabis organizations that are engaged in social justice work around incarceration/citizen reentry, employment/job creation, economic development, health equity, and cannabis social equity.
● Provides peer review for numerous scholarly journals, including Cannabis and Cannabinoid Research, Cultural Diversity and Ethnic Minority Psychology, and Drug and Alcohol Dependence.
● Was the first person to be awarded dual doctorates from the University of Chicago’s Department of Political Science and the Divinity School.
Your Trusted Partner in Cannabis Regulatory Support 16
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
Ron Brooks, MS
Laboratory Operations Advisor
● An industry leader in analytical instrumentation and laboratory operations. ● Served as Chief Laboratory Officer for MMR Services and as Scientific Director/Laboratory Director for cannabis testing facilities in multiple counties throughout California, including BelCosta Labs, CanMedLabs, and True North Labs. ● Supports the development of the cannabis safety testing industry with unparalleled, industry-leading consulting and training services.
Naphtali Odongo, MPH
Vice President, Implementation and Program Delivery
● Certified as a Lean Six Sigma Green Belt and is a Dartmouth College Global Health Fellow. ● Offers invaluable senior project management expertise with over a decade of experience in operations.
● Worked at World Health Organization’s (WHO) Global Influenza Programme Department in Geneva, Switzerland, where he analyzed and reported data, reviewed data utility platforms, and helped create a country-level data reporting Tool. ● Develops and fosters all new and established client relationships and programmatic success in implementation. Safeguards successful team performance.
Dannie Wurtz, RN
Senior Vice President, Bioscience Operations
● More than 30 years of healthcare experience in San Diego County with a focus on prehospital emergency care. ● As the U.S. Liaison for the Global Medical Advisory Committee, reviewed and analyzed global trends to formulate risk mitigation strategy and policy development. ● Recipient of several distinguished awards and recognitions such as California State Senate Resolution, California State Proclamation, San Diego City Council Special Commendations, and Recognition of Excellence from the Emergency Medical Services Administrators Association of California (EMSAAC).
5. CONSULTANT SUB-CONTRACTORS AND/OR RECOMMENDED
SUB-CONTRACTORS
As described in Section 2. Consultant Portfolio, Team AM is comprised of AM (Prime) and Higher Yields Consulting (Sub-contractor). Company profiles for each are provided in Section 2.
Consultant Portfolio.
Your Trusted Partner in Cannabis Regulatory Support 17
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
6. CONSULTANT SIMILAR WORK EXPERIENCE
Team AM has played instrumental roles in the cannabis industry throughout California and nationwide, as evidenced below:
● Together, AM and HYC are conducting an equity study for the City of Sacramento Office of Cannabis Management. AM and HYC will review and evaluate the City’s Cannabis Program and the Cannabis Opportunity Reinvestment and Equity (CORE) Program effectiveness in increasing equity in the cannabis space and provide potential changes that can be made to further promote equity.
● HYC’s team of skilled cannabis business writers and marijuana consultants have worked on more than 500 applications in 40 states and 25 countries. ● HYC’s professional cannabis consultants have competed in and won licenses in over 13 merit-based states.
● HYC is currently operational in Illinois under a grant supporting 250 Social Equity applicants with the technical support and industry awareness to make viable recommendations and assist selected individuals.
● A member of AM worked with the cities of Long Beach, San Luis Obispo, Santa Ana, Sacramento, Woodland, Weed, Emeryville, San Leandro, Santa Rosa, Santa Barbara, Redwood City, and others to develop, licensing, procedures, fee structures, banking, labor studies, and compliance training protocols for department heads and inspectors. ● In Denver, HYC has proposed a Sale-Lease Back Program for Social Equity applicants, as many lack the financial means required to own the property required for operations. HYC is also working with the City of Denver to identify additional, reinvestment-based solutions for property use hurdles specific to Social Equity applicants. HYC has been a key partner for the city in focusing on real estate solutions and technical support, helping to identify properties, in real time, that qualify for cannabis use. HYC has supported multiple applications for social equity applicants and negotiated leases on behalf of social equity applicants in the state of Colorado. Lastly, and in a pro bono role, HYC is mentoring a social equity applicant on business delivery.
● A member of AM works with and advises dozens of California municipalities through workshops to help localities develop tax and enforcement policies, set their cannabis regulations staff departments, and select licensees.
● HYC is developing ordinance for a cannabis program for the City of Livermore, California. ● Through HYC, Mr. Waggoner has overseen the design or optimization of nearly 2 million square feet of cannabis cultivation and extraction facilities worldwide. Projects include an initial assessment and report to optimize Copperstate Farms, the largest indoor cannabis cultivation facility in the United States; design of THC crude refining operations in the European Union; development of 100-hectare CBD/THC hemp farm in Argentina; and design of a multi-phased facility in Portugal that, when fully realized, would be one of the largest cannabis cultivation and manufacturing facilities in the world.
Your Trusted Partner in Cannabis Regulatory Support 18
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
● Mr. Waggoner and the HYC team are helping lawmakers draft federal regulations for Mexico’s burgeoning federal medical cannabis dispensary program, including guidelines for importing CBD products for sale in pharmacies, and they are guiding a $200 million capital raise for a team of entrepreneurs who seek to acquire, optimize, and resell struggling U.S. cannabis businesses and establish hemp cultivation and CBD manufacturing operations abroad.
● A member of AM developed an inspections training curriculum for the City of Sacramento and facility inspections and employment surveys of cannabis operators for the City of Long Beach. He brought an evaluation of California cannabis licensing, taxation, and regulation for California’s leading cannabis business association, CCIA. ● For the City of Palm Springs, City of Sacramento, and City of Santa Ana, CA, a member of AM conducted, supervised, and reviewed local financial/compliance audits pursuant to the governing ordinances. The results revealed both common and uncommon errors in compliance for medicinal and recreational cannabis retail entities. ● During the COVID-19 pandemic, AM set the standard for the State of Alaska by providing policy, procedure, and workflows for SMS outreach to COVID-19 cases and contacts. As a result of our successful work, AM was selected for additional scopes of service by the Municipality of Anchorage.
● A member of AM is currently creating video, webinar, and readiness checklists with educational content on cannabis technology for social equity licensees for the City of Los Angeles Department of Cannabis Regulation’s Social Equity Program, Business Licensing, and Compliance Project.
● For the Vermont Department of Health, AM directed the cross-training of staff to eliminate spikes in the workload. Our Project Manager provided job shadowing and mentoring strategies to ensure the staff were ready to assume total responsibility for the opening, assigning, and review/closure of all cases. These new workflows created more efficient processes and reduced project costs for the Vermont Department of Health. ● From the start of the COVID-19 pandemic, AM worked closely with Orange County Health Care Agency (OCHCA) leaders to develop responses to the pandemic. AM developed and implemented workflows and Standard Operating Procedures, revising them as necessary in response to the change needs of the pandemic. As a result of our collaboration and responsiveness, OCHCA awarded AM three additional contracts to address public health challenges associated with COVID-19. These contracts were extended four times, and most recently issued as one overall contract. ● As part of our COVID-19 Vaccine Program with the Tennessee Department of Health grew in scope, AM created a more streamlined scheduling, reporting, and rescheduling process to address the increase workload. With the priority of ensuring that tasks were completed high-quality and timely manner, our project implementation team innovatively designed new workflows to maximize productivity and time. With these new protocols, our team surpassed the RFP-stated target.
Your Trusted Partner in Cannabis Regulatory Support 19
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
● AM provided COVID-19 policy and procedural recommendations to the City of Pearland, Texas. AM performed a comprehensive, analytical review of the current research and policies and delivered a Readiness Improvement Plan based on CDC guidance. AM worked closely with Pearland public health officers and supported the development of practical COVID-19 policies and procedures for the opening and continued operations of government, businesses, schools, and community organizations. We provided guidance and recommendations for events, policies, and mandates pertaining to COVID-19. ● AM developed a strategic health assessment plan for the Minnesota Department of Health. The plan addressed the current staffing shortage crisis among long-term care facilities (LTCFs) across Minnesota. A primary goal was to leverage current resources, bridge new and established services, and document the emerging themes shared during partner conversations. AM conducted dozens of stakeholder interviews with local, regional, and state LTC partners to explore the highest priority initiatives focused on addressing the staffing shortage. Three strategies were identified as high priority. ● AM successfully streamlined and linearized the workflow investigation for the Employee Health Services Workplace COVID-19 exposure events plan in order to create an organized and standardized system for all staff to access and populate. AM’s new workflow allowed our employees to seamlessly coordinate the flow of employee health status and streamline the investigation flow of each COVID-19 contact case across 23 Orange County agencies, each with their own Human Resources Department. ● For several school districts throughout San Bernardino County, AM created tailored, multilingual communication flyers and resources so employees were aware of when to test for COVID-19 and where the nearest FedEx testing kit drop off sites are. ● AM provided qualified staff to help with community outreach focused on continued education about COVID-19 vaccines to multiple government agencies and school districts in California.
● In collaboration with the Anchorage Health Department, AM created a network of local community business organization (CBOs) and businesses willing to educate the community about the COVID-19 vaccine and disease transmission reduction. To identify all vaccine-eligible individuals, AM leveraged an alliance with CBOs who already serve homebound populations.
Experience and Expertise
P Establishing a software database for tracking of
cannabis licenses.
P Coordinating meetings with cannabis
licensee applicants, reviewing applications.
P Developing user friendly online tools and
resources for cannabis applicants.
P Completing and/or reviewing CEQA technical
studies, analysis, and reporting
P Developing online cannabis applications and a
streamlined online submittal process.
P Processing required local and State public
noticing.
P Developing interactive GIS maps with cannabis
related projects and applicants.
P Assisting applicants in submitting State
requirements for State cannabis licenses.
P Processing and updating pending, expired, and/or
new cannabis applications and licensees from
beginning to end.
P Processing applications through public
hearings through drafting staff reports and
giving presentations.
Your Trusted Partner in Cannabis Regulatory Support 20
Proposal to the City of Desert Hot Springs
Consultant Cannabis Planner
7. PROPOSED AVAILABLE SCHEDULE
Elements of our proposed schedule include:
● Start within 30 days of contract award.
● Weeks 1 and 2: Provide on-site personnel to provide face-to-face interaction with City Staff, interview applicants and stakeholders, and inspect the City’s existing systems. ● Month 1: Conduct interview of applicants and perform initial review and assessment of systems and processes.
● Month 2: Work with the City to confirm a complete understanding of systems and processes; seek clarification when necessary.
● Month 3: Develop a roadmap. Meet with the City on-site to present findings, recommendations, and a roadmap for moving forward.
● Months 4 -24: Continue working with applicants; implement the proposed recommendations with a focus on continuous quality improvement.
8. ADDITIONAL RECOMMENDATIONS FROM CONSULTANT
Based on our meeting with the City and our experience working with state and local agencies and cannabis applicants, we propose developing a list of trades and service-based providers, such as local architects, that applicants will need to utilize during the application process. To develop this resource, Team AM would identify and qualify each provider on the list.
Depending on the City’s existing educational materials, Team AM may propose preparing educational curriculum that educates the applicants about each step of the process, as well as what to expect going forward. For example, a possible curriculum could be “A Day in the Life of an Operator.”
9. FEE PROPOSAL
Team AM proposes a combination of onsite support up to 180 hours and 1,400 hours of remote support for up to 2 years to fulfill the scope of work. Our proposed budget is $230,000 based on our current understanding of the volume and can be negotiated if volume varies up or down.
This budget would be billed in 24 equal installments of $9,583.33.
SR-23-033
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 21, 2023
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Geographic Information Systems (GIS) Services Agreement RECOMMENDATION:
Authorize the City Manager to execute a Professional Service Agreement between Infinity Technologies, and the City of Desert Hot Springs, for Geographic Information Systems (GIS) Services in the amount not to exceed $105,000 per year for a two-year term.
BACKGROUND:
A Geographic Information System (GIS) analyzes and displays geographically referenced information using data that is attached to a unique location.
The City recently upgraded software and digital applications including its permitting and tracking system and customer/employee web-based interfaces. Some key services include online permitting and tracking software, digital submittals, digital plan checks, online permit payment/issuance, online inspection reporting, digital file archiving, web-based accessibility to documents, and an online work order system with asset management. One key element of all of these software upgrades is their Geographic Information Systems (GIS) capabilities and features. These improvements have helped expedite processes through online accessibility to information for the public and employees.
In the past the City did not have a functional GIS system. In order to incorporate GIS into these new software applications, Staff contracted with Infinity Technologies. Infinity Technologies helped set up the foundation of the City’s GIS framework and initiate new GIS features and capabilities. Infinity Technologies worked with Staff from Public Works, Planning, Building, Code Compliance, and Economic Development to establish the GIS framework to support day to day City functions.
Some of the key tasks that Infinity Technologies completed in GIS integration and implementation included:
1. GIS Mapping of data for multiple City departments
2. GIS implementation and integration with various software applications
3. Creation of new GIS layers for multiple departments
a. Addressing and parcels
b. Streets
c. Zoning
d. Public Works Assets
SR-23-033
4. Developing a Master Address Database
5. Parcel and address support for the City's Permitting System
6. Developing a web-based “New Development Integrated Map” DISCUSSION:
In order to continue to integrate updates and implement new GIS features and functionality, Staff proposes an increase to the workload and adding tasks to the GIS services scope of work. Staff recommends entering into an updated contract with Infinity Technology to complete the following tasks:
1. GIS Support with on-going updates to mapping and data, including end user training.
2. GIS Integration with 3rd Party Systems (OpenGov, Brightly, Laserfiche, Pavement Management System, Police Dispatch).
3. WebGIS Support and New Applications (integrated maps and interfaces for staff and public use).
4. GIS Data Development (new GIS layers, etc.).
With a proven good track record with the City, Staff is recommending to continue GIS Services with Infinity Technologies in completing on-going tasks and new tasks as assigned.
FISCAL IMPACT:
This contract is for $105,000 per year for a two year term. This contract has budget appropriations in the FY22-23 budget in the IT Department contract services line item. Sufficient budget appropriation will be included in future fiscal years. The budget appropriations for each fiscal year are as follows:
FY22-23: $35,000
FY23-24: $105,000
FY24-25: $70,000
ATTACHMENTS:
Exhibit 1 - Infinity Technologies - Professional Services Agreement Exhibit 2 - Infinity Technologies - Proposal
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
INFINITY TECHNOLOGIES
This Professional Services Agreement (“Agreement”) is made and entered into this February 21st, 2023, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Infinity Technologies, hereinafter referred to as “Consultant.” RECITALS:
WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with Geographical Information Systems (GIS) Services as directed by the City (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,
CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services as-directed in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.
Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect until June 30, 2025, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.
Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, a total amount not to exceed ONE HUNDRED FIFTY THOUSAND Dollars and Zero Cents ($105,000.00) per year.
Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:
Emily Pearson
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.
Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.
Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.
Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.
Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT
OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS
OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.
Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.
Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with
the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.
Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND
LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.
Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any
and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
Section 18. RESERVED
Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant: Mohammad Ahmad
Telephone: (916)273-4662
Email: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.
Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services that are not finished by Consultant.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.
Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 33. PRINCIPAL REPRESENTATIVES
a. Mark Dumford shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Daniel Porras, shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.
Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.
Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.
Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Section 42. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.
Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.
Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.
Section 45. RESERVED
Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
CITY OF DESERT HOT SPRINGS
_____________________________
Luke Rainey, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
_____________________________
INFINITY TECHNOLOGIES
_____________________________
Mohammad Ahmad
N:\DHSO\0001-01 General\Doc\6051
EXHIBIT “A”
SCOPE OF SERVICES
• See attached proposal
CITY OF DESERT HOT SPRINGS GIS SUPPORT SERVICES
CITY OF DESERT HOT SPRINGS GIS SUPPORT
STATEMENT OF WORK
INTRODUCTION
The City of Desert Hot Springs (City) would like to build on its existing GIS capabilities. The foundations of a successful GIS have been set. Public Works, Planning, Code Enforcement staff are using the GIS tools to support everyday business workflows. To keep the GIS platform as a trusted tool, important tasks will be essential, such as:
▪ General GIS support for maps, analysis, and reporting ▪ Maintaining core GIS map layers (parcels, address, zoning,, etc…) ▪ Maintaining and developing new WebGIS capability
▪ Integrating GIS data/services with other business systems ▪ Developing new GIS map layers
Infinity Technologies’ GIS staff have the knowledge and experience to prepare and deliver a local government enterprise-level GIS. An Esri-based ArcGIS Online platform would provide the foundation to build a comprehensive set of GIS capabilities for staff and public access. The tasks below would leverage ArcGIS Online to maintain existing GIS capability and deliver new GIS mapping solutions.
SCOPE OF WORK TASKS
TASK 1. GENERAL GIS SUPPORT AND WEBGIS SUPPORT
1.1. Provide as needed general GIS support for requests from City staff/departments.
Tasks may include:
1.1.1. Map Requests
1.1.2. Data Analysis and Reporting
1.1.3. Training (Virtual and Onsite)
1.2. GIS Data Layer Maintenance
1.2.1. Regular data updates of existing data (parcels, zoning, streets, etc…)
1.2.2. Updates of Master Address Database
CITY OF DESERT HOT SPRINGS GIS SUPPORT SERVICES
1.3. Provide WebGIS administration, maintenance, and development. Tasks may include:
1.3.1. Troubleshooting issues with existing WebGIS Applications
1.3.2. Adding/Removing users and managing content
1.3.3. Adding new widgets/functionality to existing WebGIS Application TASK 2. GIS INTEGRATION WITH 3RD PARTY BUSINESS SYSTEMS
2.1 Permit and Code Enforcement Integration to OpenGov
2.1.1 Data Updates – Parcel and MAT Updates (owner)
2.2 Brightly Asset Essentials Integration
2.2.1 Provide GIS asset service for Brightly in ArcGIS Online
2.2.2 Determine Standard Operating Procedures for field to office integration
2.2.3 Two-way integration support via Brightly Asset Essentials Connector
2.2.4 Use available COTS technology to enhance integration where available
2.3 Laserfiche Integration Support
2.3.1 Provide guidance for Laserfiche Integration Support
2.3.2 Integrate to Existing viewers or New Interface
2.3.3 Integrate using 3rd party interface if available (separate scope estimate currently at $11,000 T&M)
2.4 GIS Integration with Pavement Management System
2.5 Police Dispatch Systems Support
2.5.1 Provide base data – Streets, Administrative Boundaries
2.5.2 Data Loading limited to data sharing and RFI (City Limits, Parcels, Addresses, Centerline, Patrol Districts)
2.5.3 System Integration to Upgraded PD Dispatch (Pending upgrade)
2.5.4 Use available COTS technology to enhance integration where available Integrations are highly dependent on the ability to have two-way live connections between GIS and the 3rd party software. If a developer does not have this ability currently, these integrations may be limited and will be utilized when available either through direction of the city or an improvement to the current 3rd party system utilized by the city.
TASK 3. NEW WEBGIS/FIELD COLLECTION APPLICATIONS
3.1 Develop New WebGIS Applications
3.1.1 Address Management Application Uplift
3.1.2 Code Enforcement Quick Capture Application
3.1.3 SB9 Management Plan & Web Application
CITY OF DESERT HOT SPRINGS GIS SUPPORT SERVICES
3.1.4 Economic Development Opportunities Application
3.1.5 Field Map Mobile Application for city asset management (Catch Basins, Streetlights, Street Signs)
3.1.6 Capital Improvement Management and Story Map
TASK 4. NEW GIS DATA DEVELOPMENT
4.1 Data layers that are not within 6 core GIS layers referenced in Task 2
4.2 Utilizing data inventory from initial work with Desert Hot Springs to identify missing datasets and create needed GIS layers
4.3 Create other GIS layers as needs are identified through work on future projects
FEE STRUCTURE
Infinity Technologies will provide GIS support to the City of Desert Hot Springs for the estimated costs and hourly rates, as summarized below.
COST ESTIMATE
TASK ESTIMATED COSTS
General GIS Support $5,000/MONTH = $60,000/YEAR
GIS Integration with 3rd Party Systems
(Dependant on timing of system implementations)
$30,000 T&M
New WebGIS Applications $50,000 T&M
GIS Data Development $10,000 T&M
YEAR 1 ESTIMATED TOTAL $105,000 ($60,000 Fixed Fee + $45,000 T&M) YEAR 2 ESTIMATED TOTAL $105,000 ($60,000 Fixed Fee + $45,000 T&M) All Esri software costs are assumed by the City of Desert Hot Springs and are not included as a part of this cost proposal.
CITY OF DESERT HOT SPRINGS GIS SUPPORT SERVICES
HOURLY RATES
GIS CLASSIFICATION HOURLY RATE ($)
Project Manager $150
Senior GIS Analyst $140
GIS Analyst $120
GIS Technician $100
SR-23-037
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 21, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Mid-Year Budget Adjustments for the 2022-2023 Fiscal Year RECOMMENDATION:
Adopt a Resolution of the City Council approving the mid-year budget adjustments for the 2022-2023 Fiscal Year.
BACKGROUND:
During the regular course of business, adjustments to the budget become necessary as new information for more accurate estimates become available. Staff is able to make changes to the forecasted revenues based on new information that is received during the fiscal year. In addition, as actual changes in programs occur, such as salary and benefit costs change, changes in staff positions, and new or altered demands for contracted services, expenditure forecasts can be made more accurate. These adjustments allow for the City to continue daily operations, on-going repairs, maintenance, and improvements to the City’s public facilities and to provide appropriations for unanticipated expenses.
The City’s Finance Staff worked in cooperation with staff from other City departments to determine the changes in their needs for FY 2022-2023. The items presented here are the adjustments for FY2022-2023 for the City Council’s review. As to date, these adjustments reflect staffing changes, other operational changes, and improvement projects.
DISCUSSION:
-Consolidated General Fund:
The Consolidated General Fund consists of three funds used to account for virtually all required services funded predominantly with discretionary revenue sources:
General Fund (Fund 100)
Emergency Reserve Fund (Fund 212)
Public Safety Fund (Fund 245)
The summary of the mid-year budget adjustments for FY2022-2023 in the Consolidated General Fund are as follows:
SR-23-037
Consolidated General Fund FY2022-2023 Mid-Year Adjustments Change in Revenues $980,175 increase
Change in Expenses $978,271 increase
Addition to Fund Balance $1,904
During this fiscal year, the City has experienced an increase in tourism and planning activities, which was not anticipated during the preparation of the budget for FY22-23. After seven months into the fiscal year, the City has received almost 60% of its budgeted Transient Occupancy Tax (TOT) revenue. Since the highest revenue generating months for TOT for the City are January through March, it is expected the TOT revenue will exceed its FY2022-2023 budget estimate by $580,000.
The City was positively impacted by the increased activity in the housing market which is now being reflected in Property Tax revenue. The first payment of this revenue source has exceeded our estimates at this point in the fiscal year and is expected to have an annual increase of $80,000. The increased number of developments in the previous year is now being reflected in increased Public Safety Parcel Tax and the Utility Users Tax. Staff has estimated that those revenues will bring a total $170,000 increase in revenues over what is in the FY22-23 Budget. The City’s first payment of the Triple Flip VLF was also higher than anticipated giving the City a $224,000 annual increase in revenue. With the increased plans in new development, the City is receiving increased fees in building plan checks and engineering fees. It is expected for these revenues to exceed the FY22-23 budget estimates by a total of $399,000. However, while there are increases in the planning of developments, it has not yet become increased construction. The building permit revenues are lower than anticipated so staff is estimating a decrease of $217,000 in building permit fees from what was anticipated in the budget. Various factors in the cannabis industry have resulted in reduced cannabis retail proceeds. This has caused a reduction in the City’s retail cannabis tax revenues. Staff is estimating that the annual revenue from retail cannabis taxes will be $241,000 less than what was budgeted for FY22-23. Overall, the FY2022-2023 Mid-Year Budget Adjustments contain over $980,00 in increased revenues.
The Mid-Year Budget adjustments for the Consolidated General Fund for FY2022-2023 include $978,000 in expenditure increases. The expenditure increases are a combination of sustainable, ongoing operating expenses and some one-time expenses. The on-going operating expenses contain several staffing changes. The one-time expenditures include some equipment purchases, $88,000 to increase and maximize workspace within City facilities, $296,000 in code enforcement abatement expenses, and $20,000 to purchase cameras to assist the City in deterring illegal dumping activities.
The increase in expenses also incudes a $88,937 transfer to the Health & Wellness Fund for recreation programs and a $406,000 transfer to the City-wide LMD fund for additional costs in park and landscaping maintenance and repairs.
Restricted Funds:
Parks DIF Fund (102): - Increase revenue estimates by $17,000 for the actual amount of revenues received to date. Increase expenditure budget appropriations in the amount of $66,565 are due to the addition of the Modular Storage in Mission Springs Park project and design of the Tedesco Park office. The additional costs will be covered by additional revenues and fund balance.
Streets/Traffic Signals/Bridges DIF (103): - Increase revenue estimates by $175,871 for the actual amount of revenue received to date. Increase expenditure budget appropriations in the amount of $221,080 for the Cabot and Two Bunch Palm Trails Paving and the Golden Eagle Way Traffic Signal
SR-23-037
Modification projects. The additional costs will be covered by the additional revenues and fund balance.
General Facilities DIF Fund (104): - Increase expenditure budget appropriations in the amount of $2,261 for the design of the Finance Building expansion. These costs will utilize currently collected fees already available in the fund.
Storm Drainage DIF Fund (108):- Increase revenue estimates by $99,647 for the actual amount of revenue received to date. Increase expenditure budget appropriations in the amount of $50,220 for the 12th Street Concrete Wash project. These costs will be covered by the additional revenues.
Measure A Fund (127):- Increase expenditure budge appropriations by $4,516 for the 8th Street Sidewalk Improvement project. These costs will be covered by monies already available in the fund.
Capital Improvement Project Fund (210):- Increase revenue estimates by $630,906 for the SB821 grants. Increase expenditure budget appropriations in the amount of $630,906 for the Palm Drive from Pierson Blvd to Mission Lakes Improvement Project and the 8th Street Sidewalk Improvement Project.
Health & Wellness Fund (211): - Increase revenue estimates by $88,937 with a transfer from the General Fund. Increase expenditure budget appropriations in the amount of $88,937 for staffing changes and equipment replacement for the Little League program. These costs will be offset by an increase of the transfer from the General Fund.
Public Facilities CIP Fund (222): - Increase expenditure budget appropriations in the amount $137,524 for increased costs of the Carl May Center Improvement Project.
City-wide Landscape/Lighting Maintenance District Fund (501): - Increase revenue estimates by $406,731 by a transfer from the General Fund. Increase expenditure budget appropriations in the amount of $406,731 to cover additional park repairs and landscaping services.
Vehicle Replacement Fund (615): - Increase revenues by $40,000 by a transfer from the General Fund. Increase expenditure budget appropriations by $40,000 for additional lease payments for Public Works vehicle replacements.
Housing Authority Fund (700): - Increase revenues by $359,319 by a transfer from the Successor Agency Fund for the SERAF loan repayment. Increase expenditure budget appropriations by $8,830 due to changes in staffing costs. The additional expenses will be covered by monies available in the fund.
Successor Agency Fund (911): - Increase revenues by $359,319 for the additional tax increment received from the County trust fund. Increases expenditure budget appropriation by $359,319 for a transfer to the Housing Authority Fund for the SERAF Loan repayment.
FISCAL IMPACT:
For FY 2022-2023, these adjustments will change the projected revenues and expenditures in the Consolidated General Fund to be as follows:
SR-23-037
Consolidated General Fund FY2022-2023 Amended
Budget
Revenues $33,318,458
Expenses $33,139,927
Estimated Surplus $178,531
The above estimated for the Consolidated General Fund do not include the use of fund balance in the amount of $275,000 for one-time expenditures approved by Council in October 2022.
Parks DIF Fund (102): - The overall fiscal impact increases revenues by $17,000 and increases expenditures by $66,565 with a net effect of ($49,565).
Streets/Traffic Signals/Bridges DIF Fund (103): - The overall fiscal impact increases revenues by $175,871 and increases expenditures by $221,080 with a net effect of ($45,209).
General Facilities DIF Fund: - The overall fiscal impact increases expenditures by $2,261 with a net effect of ($2,261).
Storm Drainage DIF Fund (108): - The overall fiscal impact increases revenues by $99,647 and increases expenditures by $50,220 with a net effect of $49,427.
Measure A Fund (127):- - The overall fiscal impact increases expenditures by $4,516 with a net effect of ($4,516).
Health & Wellness Fund (211): – The overall fiscal impact increases revenues by $88,937 and increases expenditures by $88,937 with a net effect of $0.
Public Facilities CIP Fund (222): - The overall fiscal impact increases expenditures by $137,524 with a net effect of ($137,524).
City-wide Landscape/Lighting Maintenance District Fund (501): – The overall fiscal impact increases revenues by $406,731 and increases expenditures by $406,731 with a net effect of $0.
Vehicle Replacement Fund (615): - The overall fiscal impact increases revenues by $40,000 and increases expenditures by $40,000 with a net effect of $0.
Housing Authority Fund (700): - Overall fiscal impact increases revenues by $359,319 and increases expenditures by $8,830, with a net effect of $350,489.
Successor Agency Fund (911): - Overall fiscal impact increases revenues by $359,319 and increases expenditures by $359,319 with a net effect of $0.
ATTACHMENTS:
Exhibit 1 - Resolution Mid-Year Budget Adjustments FY 2022-23 Exhibit 2 - FY22-23 Midyear Budget Adjustments Exhibit
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS APPROVING THE FISCAL YEAR 2022-2023
CONSOLIDATED GENERAL FUND OPERATING, CAPITAL
IMPROVEMENT PLAN AND OTHER FUNDS’ BUDGET ADJUSTMENTS
WHEREAS, the City Council adopted the Fiscal Year 2022-2023 Budget as part of the 2-Year Budget on June 1, 2021; and
WHEREAS, adjustments to the budget are required for Year 2 as more information becomes available; and
WHEREAS, City Council approved amendments to the FY2022-2023 Budget on October 18, 2022; and
WHEREAS, adjustments to the budget are required throughout the year as more information becomes available; and
WHEREAS, the City Manager has the full authority to execute any and all documents related to the Fiscal Year 2022-2023 Budget; and WHEREAS, the City Manager may delegate authority to implement this resolution to the Administrative Services Director.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. The City Council of Desert Hot Springs approves the Fiscal Year 2022-2023 mid-year budget adjustments.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting of the City Council duly held on the 21st day of February 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Jennifer A. Mizrahi, City Attorney
FY22-23 Mid-Year Budget Adjustments
City of Desert Hot Springs
February 21, 2023
Consolidated General Fund Summary:
Amended Budget Mid-Year Budget
Approved October 2022 Adjustments
Total Revenues $32,338,283 $980,175 $33,318,458
Total Expenditures 32,161,656 978,271 33,139,927
Addition to Fund Balance $176,627 $1,904 $178,531
Mid-Year Budget Adjustment details
Account String Account Name FY22-23 Budget
Mid-year
Budget
Adjustment
FY22-23 Amended
Budget
GENERAL FUND
Revenues
100-3101-00-00-0000 PROPERTY TAX - SECURED 983,846 80,935 1,064,781 100-3111-00-00-0000 TRANSIENT OCCUPANCY TAXES 2,960,000 580,539 3,540,539 100-3112-00-00-0000 SPECIAL REVENUE - DISPENSARIES 2,387,281 -241,495 2,145,786 100-3118-00-00-0000 RECYCLING FRANCHISE FEES 230,200 25,630 255,830 100-3123-00-00-0000 TRIPLE FLIP VLF 2,888,871 224,441 3,113,312 100-3211-00-00-0000 BUILDING PERMIT 1,050,000 -217,585 832,415 100-3212-00-00-0000 PLANNING FEES 450,000 -145,534 304,466 100-3213-00-00-0000 BUILDING PLAN CHECK FEES 530,000 267,863 797,863 100-3223-00-00-0000 ENGINEERING FEES 550,000 131,143 681,143 Total change in General Fund revenues 705,937
Expenditures
City Council
100-4320-41-11-0000 CONTRACT SERVICES 366,265 48,000 414,265 Total change in City Council expenditures 48,000
City Manager
100-4100-41-12-0000 SALARIES 1,025,557 28,463 1,054,020 100-4105-41-12-0000 OVERTIME / ON-CALL 0 300 300
100-4110-41-12-0000 COMP TIME BUYOUT 0 5,000 5,000
100-4115-41-12-0000 ANNUAL LEAVE BUYOUT 55,000 -15,300 39,700 100-4150-41-12-0000 PERS RETIREMENT 91,460 1,495 92,955 100-4160-41-12-0000 TAXES 69,504 -5,000 64,504
100-4170-41-12-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 145,479 2,859 148,338 100-4251-41-12-0000 UNIFORMS 11,500 500 12,000
Total change in City Manager expenditures 18,317
City Clerk
100-4115-41-13-0000 ANNUAL LEAVE BUYOUT 6,000 1,400 7,400 Total change in City Clerk expenditures 1,400
Finance
100-4110-41-15-0000 COMP TIME BUYOUT 0 2,600 2,600
100-4140-41-15-0000 EMPLOYEE BENEFITS 106,217 -5,000 101,217 100-4320-41-15-0000 CONTRACT SERVICES 312,558 -10,000 312,558 Total change in Finance Department expenditures -12,400 Human Resources
100-4100-41-16-0000 SALARIES 196,910 -20,000 176,910
100-4105-41-16-0000 OVERTIME / ON-CALL 1,000 -1,000 0
Total change in Human Resources expenditures -21,000
Information Technology (IT)
100-4100-41-17-0000 SALARIES 285,453 -10,000 275,453
100-4105-41-17-0000 OVERTIME / ON-CALL 12,000 3,000 15,000 100-4110-41-17-0000 COMP TIME BUYOUT 0 500 500
100-4200-41-17-0000 UTILITIES 104,000 6,000 110,000
100-4235-41-17-0000 DUES AND SUBSCRIPTIONS 291,200 5,500 296,700 100-4266-41-17-0000 SUPPLIES & MAINTENANCE 35,000 20,700 55,700 Total change in IT Department expenditures 25,700
Non-departmental
100-4320-41-19-0000 CONTRACT SERVICES 2,500 88,000 90,500 100-4999-41-19-0000 TRANSFERS OUT 3,042,241 91,647 3,133,888 Total change in Non-departmental expenditures 179,647
Public Works Admin
100-4100-41-41-0000 SALARIES 310,308 1,771 312,079
100-4105-41-41-0000 OVERTIME / ON-CALL 5,000 -2,000 3,000 100-4110-41-41-0000 COMP TIME BUYOUT 10,000 -3,000 7,000 100-4115-41-41-0000 ANNUAL LEAVE BUYOUT 5,000 5,000 10,000 100-4150-41-41-0000 PERS RETIREMENT 20,979 45 21,024
100-4266-41-41-0000 SUPPLIES & MAINTENANCE 62,033 8,100 70,133 Total change in Public Works Admin expenditures 9,916
Building & Safety
100-4100-41-61-0000 SALARIES 454,541 41,908 496,449
100-4105-41-61-0000 OVERTIME / ON-CALL 4,000 -2,000 2,000 100-4115-41-61-0000 ANNUAL LEAVE BUYOUT 15,000 -5,000 10,000 100-4140-41-61-0000 EMPLOYEE BENEFITS 101,068 8,439 109,507 100-4150-41-61-0000 PERS RETIREMENT 35,505 3,614 39,119 100-4160-41-61-0000 TAXES 4,565 32,993 37,558
100-4170-41-61-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 65,052 6,058 71,110 Total change in Building & Safety expenditures 86,011
Planning
100-4100-41-62-0000 SALARIES 286,083 -20,000 266,083
100-4105-41-62-0000 OVERTIME / ON-CALL 4,000 -2,000 2,000 100-4115-41-62-0000 ANNUAL LEAVE BUYOUT 4,000 500 4,500 Total change in Planning expenditures -21,500
Engineering
100-4100-41-63-0000 SALARIES 211,348 -35,000 176,348
100-4115-41-63-0000 ANNUAL LEAVE BUYOUT 4,000 -2,000 2,000 100-4140-41-63-0000 EMPLOYEE BENEFITS 49,170 20,000 69,170 100-4230-41-63-0000 TRAVEL AND TRAINING 15,750 -10,000 5,750 Total change in Engineering expenditures -27,000
Economic Development
100-4100-41-64-0000 SALARIES 81,919 142,913 224,832
100-4140-41-64-0000 EMPLOYEE BENEFITS 11,190 32,927 44,117 100-4150-41-64-0000 PERS RETIREMENT 5,912 10,541 16,453 100-4160-41-64-0000 TAXES 5,686 10,353 16,039
100-4170-41-64-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 11,200 19,971 31,171
100-4320-41-64-0000 CONTRACT SERVICES 215,120 25,000 260,120 Total change in Economic Development expenditures 241,704 Total change in General Fund expenditures 528,794
Revenue less Expenditure changes 177,143
PARK DEVELOPMENT FUND
Revenues
102-3224-00-00-0000 PARK FEES 50,000 17,000 67,000
Total Change in Park DIF revenues 17,000
Expenditures
102-5005-50-73-4015 ADMINISTRATION 3,120 -3,120 0
102-5010-50-73-4015 DESIGN 39,000 -39,000 0
102-5010-50-73-4017 DESIGN 0 2,234 2,234
102-5005-50-73-4018 ADMINISTRATION 0 7,886 7,886
102-5020-50-73-4018 CONSTRUCTION 0 98,565 98,565
Total change in Park DIF expenditures 66,565
Revenues less Expenditures changes -49,565
STREETS/BRIDGES/SIDEWALKS DEVELOPMENT FUND
Revenues
103-3231-00-00-0000 STREETS/TRAFFIC SIGNALS/BRIDGES 220,000 175,871 395,871 Total change in Streets DIF revenues 175,871
Expenditures
103-5005-50-71-3024 ADMINISTRATION 0 8,325 8,325
103-5020-50-71-3024 CONSTRUCTION 0 104,053 104,053
103-5005-50-72-3026 ADMINISTRATION 0 8,052 8,052
103-5020-50-72-3026 CONSTRUCTION 0 100,650 100,650
Total change in Streets DIF expenditures 221,080
Revenues less expenditures change -45,209
GENERAL FACILITIES DEVELOPMENT FUND
Expenditures
104-5010-50-72-7001 DESIGN 0 2,261 2,261
Total cchange in General Facilities DIF expenditures 2,261
STORM DRAINAGE DEVELOPMENT FUND
Revenues
108-3229-00-00-0000 STORM DRAINAGE IMPROVEMENT 85,000 99,647 184,647 Total change in Stomr Drainage DIF revenues 99,647
Expenditures
108-5005-50-71-6004 ADMINISTRATION 0 3,720 3,720
108-5020-50-71-6004 CONSTRUCTION 0 46,500 46,500
Total change in Storm Drainage DIF expenditures 50,220
Revenues less expenditure changes 49,427
MEASURE A FUND
Expenditures
127-5005-50-71-3014 ADMINISTRATION 4,000 -1,346 2,654
127-5010-50-71-3014 DESIGN 33,170 3,170 36,340
127-5005-50-71-3015 ADMINISTRATION 5,054 1,346 6,400
127-5005-50-71-3024 ADMINISTRATION 3,614 -1,694 1,920
127-5020-50-71-3024 CONSTRUCTION 45,168 -21,168 24,000
Total change in Measure A expenditures -19,692
SB1 ROAD MAINTENANCE FUND
Expenditures
142-5020-50-71-3000 CONSTRUCTION 598,600 -300,000 298,600 142-5020-50-71-3014 CONSTRUCTION 257,745 -257,745 0
Total change in SB1 Fund expenditures -557,745
CAPITAL IMPROVEMENT FUND
Revenues
210-3551-30-30-3000 GRANTS 3,700,000 330,906 4,030,906
210-3551-30-30-3014 GRANTS 0 300,000 300,000
Total change in Capital Improvement Fund revenues 630,906 Expenditures
210-5020-50-71-3000 CONSTRUCTION 3,700,000 330,906 4,030,906 210-5020-50-71-3014 CONSTRUCTION 0 300,000 300,000
Total change in Capital Improvement Fund expenditures 630,906
HEALTH & WELLNESS CENTER FUND
Revenues
211-3999-00-00-0000 TRANSFERS IN 1,052,804 88,937 1,141,741 Total change in Health & Wellness Center Fund revenues 88,937 Expenditures
211-4100-44-54-0000 SALARIES 337,225 23,830 361,055
211-4140-44-54-0000 EMPLOYEE BENEFITS 82,021 33,495 115,516 211-4150-44-54-0000 PERS RETIREMENT 25,082 5,348 30,430 211-4160-44-54-0000 TAXES 25,798 5,648 31,446
211-4170-44-54-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 48,493 10,617 59,110 211-4293-44-54-0000 PROGRAM EXPENSES-LITTLE LEAGUE 60,000 10,000 70,000 Total change in Health & Wellness Center Fund expenditures 88,937
PUBLIC FACILITIES CAPITAL IMPROVEMENT FUND
Expenditures
222-5020-50-42-7000 CONSTRUCTION 96,096 137,524 233,620 222-5010-50-42-8003 DESIGN 166,181 2,319 168,500
Total change in Public Facilities CIP Fund expenditures 139,843
PUBLIC SAFETY FUND
Revenues
245-3113-00-00-0000 PARCEL TAX FOR PUBLIC SAFETY 2,975,901 71,775 3,047,676 245-3205-00-00-0000 UTILITY USERS TAX 2,647,174 98,785 2,745,959 245-3551-30-30-8008 GRANTS - OTS PT22017 GRANT 0 10,003 10,003 245-3551-30-30-8011 GRANTS 0 29,675 29,675
245-3716-30-30-0000 Donations - Animal Control 0 4,000 4,000 245-3726-00-00-0000 INSURANCE RECOVERIES 100,000 60,000 160,000 Total change in Public Safety revenues 274,238
Expenditures
Patrol & Field
245-4100-42-23-0000 SALARIES 4,555,377 -100,000 4,455,377 245-4101-42-23-0000 SALARIES-ELECTEDS/APPOINTED 0 5,400 5,400 245-4105-42-23-0000 OVERTIME / ON-CALL 350,000 100,000 450,000 245-4110-42-23-0000 COMP TIME BUYOUT 250,000 250,000 500,000
245-4115-42-23-0000 ANNUAL LEAVE BUYOUT 80,000 -54,000 26,000 245-4156-42-23-0000 PERS UNFUNDED LIABILITY - SAFETY 948,395 -30,000 918,395 245-4200-42-23-0000 UTILITIES 108,187 35,000 143,187
245-4266-42-23-0000 SUPPLIES & MAINTENANCE 228,500 25,000 253,500 245-4320-42-23-0000 CONTRACT SERVICES 1,034,906 96,100 1,131,006 Total change in Patrol & Field expenditures 327,500
Code Enforcement
245-4100-42-24-0000 SALARIES 551,147 23,975 575,122
245-4105-42-24-0000 OVERTIME / ON-CALL 25,000 17,000 42,000 245-4110-42-24-0000 COMP TIME BUYOUT 0 1,000 1,000
245-4115-42-24-0000 ANNUAL LEAVE BUYOUT 3,000 7,700 10,700 245-4150-42-24-0000 PERS RETIREMENT 41,832 1,820 43,652 245-4160-42-24-0000 TAXES 42,163 1,834 43,997
245-4170-42-24-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 79,255 3,448 82,703 245-4215-42-24-0000 PRINTING 2,000 3,900 5,900
245-4230-42-24-0000 TRAVEL AND TRAINING 3,500 9,000 12,500 245-4235-42-24-0000 DUES AND SUBSCRIPTIONS 1,000 -1,000 0 245-4255-42-24-0000 FUEL 8,000 2,000 10,000
245-4266-42-24-0000 SUPPLIES & MAINTENANCE 12,525 5,300 17,825 245-4320-42-24-0000 CONTRACT SERVICES 696,490 316,000 1,012,490 Total change in Code Enforcement expenditures 391,977
Animal Control
245-4100-42-26-0000 SALARIES 267,958 -100,000 167,958
245-4105-42-26-0000 OVERTIME / ON-CALL 35,000 -10,000 25,000 245-4110-42-26-0000 COMP TIME BUYOUT 3,000 -1,000 2,000 245-4115-42-26-0000 ANNUAL LEAVE BUYOUT 6,000 1,000 7,000 245-4140-42-26-0000 EMPLOYEE BENEFITS 39,461 -10,000 29,461 245-4160-42-26-0000 TAXES 20,499 -3,000 17,499
245-4266-42-26-0000 SUPPLIES & MAINTENANCE 31,500 18,000 49,500 245-4320-42-26-0000 CONTRACT SERVICES 188,329 55,000 243,329 Total change in Animal Control expenditures -50,000
Dispatch Center
245-4100-42-29-0000 SALARIES 885,610 -50,000 835,610
245-4105-42-29-0000 OVERTIME / ON-CALL 50,000 30,000 80,000
Total change in Dispatch Center expenditures -20,000
Fire Services
245-4320-42-31-0000 CONTRACT SERVICES 2,268,090 -200,000 2,068,090 Total change in Fire Services expenditures -200,000
Total change in Public Safety expenditures 449,477
Revenues less Expenditures changes -175,239
401-3205-00-00-0000 UTILITY USERS TAX 1,475,000 280,000 1,755,000 401-3999-00-00-0000 TRANSFERS IN 752,820 -280,000 472,820
CITY WIDE LIGHTING AND LANDSCAPING MAINTENANCE FUND
Revenues
501-3999-00-00-0000 TRANSFERS IN 918,413 406,731 1,325,144 Total change in City Wide LMD Fund Revenues 406,731
Expenditures
501-4105-43-45-0000 OVERTIME / ON-CALL 8,000 -2,500 5,500 501-4110-43-45-0000 COMP TIME BUYOUT 25,000 7,000 32,000 501-4115-43-45-0000 ANNUAL LEAVE BUYOUT 0 2,500 2,500
501-4140-43-45-0000 EMPLOYEE BENEFITS 67,051 -5,000 62,051 501-4155-43-45-0000 PERS UNFUNDED LIABILITY - MISCELLANEOUS 3,000 -3,000 0 501-4170-43-45-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 34,650 -4,161 34,650 501-4320-43-45-0000 CONTRACT SERVICES 253,600 156,892 410,492 Total change in Park Maintenance expenditures 151,731
501-4320-43-47-0000 CONTRACT SERVICES 174,652 255,000 429,652 Total change in Landscape Maintenance expenditures 255,000 Total change in City Wide LMD Fund expnditures 406,731
VEHICLE REPLACEMENT FUND
Revenues
615-3999-00-00-0000 TRANSFERS IN 210,348 40,000 250,348 Total change in Vehicle Replacement Fund revenues 40,000 Expenditures
615-4287-42-23-0000 LEASE EXPENSE 210,348 40,000 250,348 Total change in Vehicle Replacement Fund expenditures 40,000
HOUSING AUTHORITY FUND
Revenues
700-3999-00-00-0000 TRANSFERS IN 736,628 359,319 1,095,947 Total change in Housing Authority Fund revenues 359,319 Expenditures
700-4100-45-75-0000 SALARIES 112,416 5,301 117,717
700-4150-45-75-0000 PERS RETIREMENT 8,226 1,296 9,522
700-4160-45-75-0000 TAXES 8,019 953 8,972
700-4170-45-75-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 15,586 1,280 16,866 Total change in Housing Authority Fund expenditures 8,830 Revenues less Expenditures changes 350,489
SUCCESSOR AGENCY FUND
Revenues
911-3109-00-00-0000 TAX INCREMENT 4,734,532 359,319 4,734,532 Total change in Successor Agency Fund revenues 359,319
Expenditures
911-4999-60-85-0000 TRANSFERS OUT 736,628 359,319 1,095,947 Total change in Successor Agency Fund expenditures 359,319
SR-23-035
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 21, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: February 7, 2023 RECOMMENDATION:
Approve the Minutes as presented; or as corrected.
ATTACHMENTS:
Draft City Council Regular Meeting Minutes - February 7, 2023
City of Desert Hot Springs
DRAFT 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.
City Council
February 7, 2023
ACTION: Approve Staff recommendation and adopt Resolution No. 2023-002.
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
City Council
February 7, 2023
Premises - Placement for Collection” of Chapter 8.04 “Waste Disposal” of Title 8 “Health and Safety.”
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-23-032
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 21, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of 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:
Approve Second Reading, read by title only and adopt: "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 Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on February 7, 2023.
The Ordinance shall take effect thirty (30) days after its second reading.
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 - Staff Report from February 7, 2023
Exhibit 2 - Ordinance re Garbage Receptacles
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:
C2014/000 - 423769.1
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 boat to be parked or stored outside of a garage or carport on an unpaved surface.
C2014/000 - 423769.1
“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.
C2014/000 - 423769.1
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, safety, and welfare of the citizens of the City. Visual blight conditions include, but are not limited to, any of the following conditions:
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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 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.
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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.
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.
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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 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.
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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 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
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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.
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.
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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 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
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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;
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.
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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.”
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”
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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 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
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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: APPROVED:
_________________________________ _______________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney