Desert Hot Springs City Council
May 2, 2023

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 63
Draft Initial Study / Mitigated Negative Declaration December 2022 e) For a project located within an airport
land use plan or, where such a plan
has not been adopted, within two miles
of a public airport or public use airport,
would the Project result in a safety hazard
or excessive noise for people residing or
working in the project area?
Discussion:

The project is not located near an existing airport or airport land use plan. The nearest airport facility to the project is the Palm Springs International Airport, located approximately 4.75 miles to the south. The Bermuda Dunes Airport is approximately 18.10 miles southeast of the project. No impacts are anticipated.

Mitigation Measures: None

f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
Discussion:

The Safety and Noise Element of the City’s General Plan is designed to address concerns regarding the City’s capability to respond to potential natural or man-made disasters. The Element sets forth goals, policies and programs to ensure an effective response.

The City of Desert Hot Springs contracts with Riverside County Fire Department/Cal Fire (RCFD) for a full range of fire protection services provided 24 hours a day 7 days a week. The RCFD is staffed with a combination of County and State of California Department of Forestry & Fire Protection employees. They operate 94 fire stations that serve approximately two million residents over 7,004 square miles of Riverside County. The City of Desert Hot Springs has three RCFD fire stations, Battalion 10, Station 36, Station 37, and Station 56. Station 36 located at 11535 Karen Avenue is approximately 5.4 driving miles from the project site. Battalion 10, Station 37 is the City’s busiest fire station and is located at 65-958 Pierson Blvd, approximately 6.1 driving miles from the project. Battalion 10, Station 56 is located at 72985 Dillion Road, approximately 10.5 driving miles from the project. Each station is equipped with a Type I, 1500 GPM fire engine and staffed by a minimum of one company officer and one fire fighter at any given time.

In addition to the other RCFD facilities located in the Coachella Valley, the department maintains a cooperative mutual aid agreement with other agencies and communities to assist in suppressing fire or controlling emergency incidents. Mutual aid is an agreement among emergency responders to lend assistance across jurisdictions provided resources are available and is not to the detriment of their own service area. Per the City’s General Plan, agreements are in place with Palm Springs and Cathedral City.

Both of these cities provide their own fire services and do not contract with RCFD/Cal Fire. The nature of the project is not expected to introduce operations that would hinder the City’s ability to implement its emergency response goals, policies or programs.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 64
Draft Initial Study / Mitigated Negative Declaration December 2022 The proposed site plan configuration would be subject to a standard review process by the Riverside County Fire Department to ensure that the site-specific emergency access, water pressure, and other pertinent criteria are met by the project. Less than significant impacts are expected.

Mitigation Measures: None
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
Discussion:

Large areas of Southern California are susceptible to wildfires all year round due to the region’s weather, topography and vegetation conditions. The Coachella Valley’s hot dry summer and autumn weather is ideal to generate the dry vegetation that fuels most wildfires. The California Board of Forestry (CDF) ranks fire hazard of wildland areas of the State using four main criteria: fuels, weather, assets at risk, and level of service. Although the project site and its general surroundings are undeveloped with scattered vegetation, these conditions have not been recognized to meet the criteria of high or very high fire hazard zones.

Wildland fire protection in California is the responsibility of either the State, local government, or the federal government. Local responsibility areas include incorporated cities where fire protection is typically provided by City fire departments, fire protection districts, counties, and by CAL Fire under contract to local government. As mentioned previously, the City of Desert Hot Springs contracts with Riverside County Fire Department/Cal Fire (RCFD) for a full range of fire protection services provided 24 hours a day 7 days a week. The responsibility for fire prevention and suppression outside of the City boundaries is under the State and federal agencies.

The Riverside County General Plan and the Cal Fire Maps for Western Riverside County indicate that project and its surroundings are located outside of the Very High Fire Hazard Severity Zone (FHSZ) for Local Responsibility Area and outside of the Very High/High/Moderate FHSZ for State and Federal Responsibility Areas. The project will include the on-site fire protection facilities necessary to satisfy the local Fire Department requirements. Less than significant impacts related to wildland fire are expected.

Mitigation Measures: None
X. HYDROLOGY AND WATER QUALITY -- Would the project:

Sources: Flood Insurance Rate Map No. 06065C0895G, Federal Emergency Management Agency, Effective August 28, 2008; Water Quality Control Plan for the Colorado River Basin Region, January 2019; 2020 Coachella Valley Regional Urban Water Management Plan, June 2021, Mission Creek Subbasin Alternative Plan Update, December 2021.
a) Violate any water quality standards or
waste discharge requirements or otherwise
substantially degrade surface or ground
water quality?
Discussion:

Summary of Regulatory Framework Relevant to Hydrology and Water Quality:

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 65
Draft Initial Study / Mitigated Negative Declaration December 2022 Hydrology refers to the occurrence, distribution, and movement of surface water, including water found in rivers and stormwater drainage systems. Stormwater particularly refers to the surface runoff and drainage resulting from rain events. Stormwater runoff and surface drainage patterns are determined by the soil conditions, topography, and associated gradients of the land. Surface water quality refers to selected physical, chemical, or biological characteristics found in stormwater in relation to existing standards. Groundwater is the water found underground in the voids in soil, sand, and rock. It is stored in and moves slowly through aquifers. Groundwater supplies are naturally replenished, or recharged, by precipitation that seeps into the land’s surface and by replenishment efforts made by local water agencies.

The Clean Water Act (CWA) of 1972 was enacted to restore and maintain the chemical, physical, and biological integrity of the nation’s waters by regulating the discharge of pollutants to waters of the U.S. from point sources. The National Pollutant Discharge Elimination System (NPDES) was enacted as a program under the CWA to regulate non-point source discharges from urban land runoff and other diffused sources that were also found to contribute to runoff pollution. Under CWA, the Environmental Protection Agency (EPA) delegated the NPDES program responsibility to various state, tribal, and territorial governments, enabling them to perform many of the permitting, administrative, and enforcement aspects of the program. California is a delegated NPDES state and has authority to administer the NPDES program within its limits.

The Porter-Cologne Water Quality Control Act (California Water Code section 13000 et seq.) is the principal law governing water quality regulation for surface waters in California, thus effectuating the delegated provisions of the federal CWA and its NPDES program. It has set forth a comprehensive program to protect water quality and the beneficial uses applicable to surface waters, wetlands, and ground water and to point and nonpoint sources of pollution. The Porter-Cologne Act establishes that, as a matter of policy, all the waters of the State shall be protected; all activities and factors affecting the quality of water shall be regulated to attain the highest water quality within reason; and that the state must be prepared to exercise its full power and jurisdiction to protect the quality of water in the state from degradation. The Porter-Cologne Act established the State Water Resources Control Board (SWRCB) and nine California Regional Water Quality Control Boards (RWQCBs), including Region 7, Colorado River Basin Regional Water Quality Control Board, which has jurisdiction in the City of Desert Hot Springs and project site.

Under this framework, the Colorado River Basin Water Quality Control Plan (Basin Plan) serves as the guiding document prepared, adopted, and maintained to identify the existing and potential beneficial uses of waters of the State and establish water quality objectives to protect these uses. It is worth noting that as defined in Section 13374 of the California Water Code (CWC), the term "Waste Discharge Requirements” (WDRs) is equivalent of the term "permits” and is therefore attained through a regulatory compliance process. Compliance with WDRs is achieved through the appropriate permit registration process under the applicable National Pollutant Discharge Elimination System (NPDES) programs described in this section.

At the regional level, the project is located within the Whitewater River Watershed, which is an arid desert region encompassing approximately 1,645 square miles. Within this watershed, an area of approximately 367 square miles (22 percent) encompassing most of the existing development in the Coachella Valley region, is regulated under the established Whitewater River Region Municipal Separate Storm Sewer System Permit (MS4 Permit). The Riverside County Flood Control and Water Conservation District Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 66
Draft Initial Study / Mitigated Negative Declaration December 2022 (RCFC&WCD), Mission Springs Water District, and the incorporated Coachella Valley cities, including Desert Hot Springs have joint permittee responsibility for coordinating the regional MS4 Permit compliance programs and other activities aimed at reducing potential pollutants in urban runoff from land development construction, municipal, commercial, and industrial areas to the maximum extent possible.

These public entities are generally in charge of stormwater management within their jurisdiction.

At the City level, hydrology and stormwater regulations are codified in Chapter 13.08 (Stormwater Management and Discharge Controls), the purpose of which is to regulate non-stormwater discharges to the municipal separate storm drains, control the discharge of non-stormwater materials, reduce pollutants in stormwater discharges, and protect water quality consistent with the Clean Water Act. The City’s engineering review process ensures that improvement plans are reviewed for compliance with the City’s requirements pertaining to grading, hydrology, and stormwater management. The project site is located outside of the coverage area of for the 1982 Desert Hot Springs Master Drainage Plan (MDP), by RCFC&WCD. As such, there is no formal and approved MDP that applies to the project site.

Existing Vicinity and Site Drainage Conditions:

The project site is characterized by an undeveloped condition that has previously been cleared and graded for temporary material stockpiling and management, resulting in a relatively level condition. Such temporary site management activities are understood to be approved by the City and also permitted under California’s NPDES Construction General Permit (WDID/Permit No. 7 33C383143) with implementation of a Storm Water Pollution Prevention Plan (SWPPP) to comply with the State Water Resources Control Board (SWRCB) regulations and Clean Water Act (CWA) programs. The completion of those activities for the project site resulted in a visibly leveled and clear terrain, absent of any permanent improvements.

Based on the most current published U.S. Geological Survey (USGS) Topographic Map, Desert Hot Springs Quadrangle, 7.5-Minute Series, the project site does not contain any mapped drainage flow lines, wash areas, or water bodies indicative of naturally occurring surface water resources. Moreover, based on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel 06065C0895G, the project site occurs within a Zone X, corresponding to areas subject to the 0.2 percent annual chance flood hazard. By definition, the designation of Zone X is not considered a Special Flood Hazard Area (SFHA) or floodway. Furthermore, this flood zone is considered to be a moderate-to-low risk area where flood insurance is available, but not mandatory. As a standard condition, the project is required to implement the necessary site design features and engineering improvements to handle the existing conditions in a way that prevents inundation to the proposed structures and any off-site hydrologic modifications.

Regulatory Compliance:

During construction and operation (life of the project), implementation of the proposed development will be required to comply with CWA, NPDES, state, and local regulations designed to prevent violations or impacts to surface water quality standards and waste discharge requirements pertinent to surface or ground water quality. The project does not seek any permitting actions that would vary from the establish requirements and associated compliance plans.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 67
Draft Initial Study / Mitigated Negative Declaration December 2022 The project proponent must comply with the State’s most current Construction General Permit (CGP), Order No. 2009-0009-DWQ, as amended by 2010-0014-DWQ and 2012-006-DWQ. Compliance with the CGP involves the development and implementation of a project-specific Storm Water Pollution Prevention Plan (SWPPP), designed to prevent potential adverse impacts to surface water quality, including erosion and siltation, during the period of construction. The SWPPP is required to identify a strategy of storm water Best Management Practices (BMPs) in accordance with Section XIV (SWPPP Requirements) of the CGP. Storm water BMPs refer to a schedule of activities, prohibitions, practices, maintenance procedures, and other management practices to prevent, eliminate, or reduce the pollution of the receiving waters, primarily focused on preventing erosion, siltation, illicit discharge, and contamination. In the case of the proposed project, BMPs will be established in each SWPPP, and could include such measures as storm drain inlet protection, erosion control, linear sediment barriers, proper waste management, and proper material storage. The SWPPP must be prepared concurrently with final engineering design as a requirement of the City’s grading permit checklist. Compliance with the State’s CGP during construction will be regulated and enforced as part of the local agency site inspection protocols.

During construction, the project will also be required to comply with South Coast Air Quality Management District’s (SCAQMD) Rule 403 and 403.1 and the City’s Fugitive Dust Control Ordinance. Implementation of Fugitive Dust Control Plan primarily pertains to air quality, but also supports water quality protection through the requirement of soil stabilization measures aimed at preventing sediment erosion and trackout. The concurrent implementation of the required SWPPP and Dust Control Plan plans will prevent the potential construction-related impacts to water quality, including erosion and siltation, at the site and its surroundings, therefore, resulting in less than significant impact.

Drainage requirements fall under the jurisdiction of the City of Desert Hot Springs, which is a permittee of the Whitewater River Watershed Municipal Separate Storm Sewer System (MS4) with an existing Stormwater Management and Discharge Controls in Chapter 13.08 of the City’s Municipal Code. The project proponent is required to develop and implement an approved Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. As a result, the project is required to provide improvements and facilities to capture and retain the incremental increase in stormwater volume between pre-development and post-development conditions resulting from the controlling 100-year storm event for the project area.

As a compliance requirement, a Preliminary Water Quality Management Plan (WQMP) has been prepared to document the proposed site improvements and storm drainage system. Consistent with the Preliminary Hydrology Report, the project area is divided into four tributary on-site areas (“A”, “B”, “C” and “D”) and the respective stormwater runoff volumes have been calculated in order to adequately size the storm drain conveyances and retention capacity. The proposed facility does not involve outdoor storage or other associated operations. Therefore, the proposed storm drain system and retention facilities are only designed to accept runoff from outdoor areas (rooftops, hardscape, parking, and landscaping). Non-stormwater is not to be produced or conveyed to storm drain facilities.

Based on the preliminary engineering plans, runoff from each on-site drainage area will be carried along engineered flow lines (controlled surface flows, gutters, and pipes) to the respective retention facility. It is expected that three of the four retention facilities will be underground structures and one will be a surface basin. The plans indicate that the proposed surface and underground retention facilities for each Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 68
Draft Initial Study / Mitigated Negative Declaration December 2022 drainage area are sized to contain the design capture volume for water quality purposes and the corresponding incremental increase stormwater volume. Therefore, the project will meet the MS4 requirements by capturing runoff in accordance with the local retention requirements and preventing the project from producing incremental urban runoff discharge.

In summary, during construction and operation, project implementation will require compliance with CWA, NPDES, and local regulations to prevent impacts to water quality standards and the beneficial uses assigned to local receiving waters. Following City engineering review and approval, the stormwater capture and management strategy for on- and off-site runoff will avoid waste discharge violations through the implementation of properly sized retention facilities. Less than significant impacts are expected.

Mitigation Measures: None
b) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of
the basin?
Discussion:

The project is located within the domestic water service area of Mission Springs Water District (MSWD).

MSWD provides water services to over 13,500 retail water customers in the City of Desert Hot Springs and a northern portion of Palm Springs. In 2019, the six urban water suppliers in the Coachella Valley, consisting of MSWD, Coachella Valley Water District (CVWD), Coachella Water Authority, Desert Water Agency (DWA), Indio Water Authority (IWA), and Myoma Dunes Mutual Water Company, agreed to collaborate on the preparation of a 2020 Coachella Valley Regional Urban Water Management Plan (2020 RUWMP) with regional and individual agency content. The 2020 RUWMP describes the region’s water supplies and anticipated demands through 2045. It also describes each agency’s programs to encourage efficient water use. A Water Shortage Contingency Plan (WSCP) has also been prepared to outline each agency’s actions that could be taken during a water shortage to reduce demands. The agencies have coordinated their WSCPs to provide consistent shortage levels and response actions across the region.

The project site is underlain by the Mission Creek Subbasin (Basin No. 7-021.02 in the DWR Bulletin 118), which is described in the 2020 RUWMP as an unconfined aquifer with a saturated thickness of 1,200 feet or more and an estimated total storage capacity on the order of 2.6 million acre-feet (MAF).

The subbasin is naturally recharged by surface and subsurface flow from the Mission Creek, Dry, and Big Morongo Washes, the Painted Hills, and surrounding mountain drainages. Artificial replenishment is achieved through the exchange of State Water Project (SWP) water for Colorado River water at the Mission Creek Groundwater Replenishment Facility (GRF), located approximately 4.4 miles northwest of the project. In 2020, a total of 1,768 AF of Colorado River water was delivered to the Mission Creek GRF for direct replenishment. Since 2003, groundwater levels have risen and stabilized throughout the subbasin, which is deemed evidence that implementation of the recharge strategy has effectively abated the overdraft that preceded it. Currently, groundwater levels in the basin are above their 2009 levels in nearly all monitoring wells that have available groundwater level data for comparison. Moreover, the project is located in an area where groundwater elevation has increased from 15 to 20 feet in the tenyear period from 2008-09 to 2018-19 based on MSWD documentation.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 69
Draft Initial Study / Mitigated Negative Declaration December 2022 In November of 2021, the Mission Creek Subbasin Alternative Plan Update was completed in compliance with the Sustainable Groundwater Management Act (SGMA). The Alternative Plan Update was prepared to ensure that the most current projections for population growth, land use, imported water supply, and other future conditions were incorporated into water management planning for the region. The update improved upon the analysis for future projected groundwater demand and supply based on more current population growth and land development factors. In the context of this plan, the project site was accounted for as land available for development. As such, its generalized water demand was factored into the plan.

The proposed development is consistent with the designated light industrial land use reflected in the adopted General Plan and therefore is not expected to result in a land use proposal or development activity in conflict with existing groundwater management objectives. The proposed warehouse building primarily consists of an open floor area for storage, while only a small portion of the entire building (approximately 1,400 square feet) will be partitioned for administration uses, including a small lobby, two offices, a small conference room, a break room, an electrical room, and two separate restrooms.

Therefore, the nature of the proposed storage building is not expected to include facilities or operations with a demand for water resources. As a standard condition, the facilities must include low-flow plumbing fixtures, drought-tolerant (native) outdoor landscaping, and water-efficient irrigation systems. The project will be expected to furnish the appropriate payment to MSWD based on the meter size, ongoing flow charges, agency fees, and groundwater recharge fees. Additional domestic water improvements necessary to serve this development will be identified by MSWD and included as conditions of approval by the City of Desert Hot Springs during the City’s standard review process.

Furthermore, the requirement to adequately capture and infiltrate the project’s post-development stormwater runoff volume resulting from the controlling storm event will further contribute to groundwater recharge by infiltrating the required stormwater quantity instead of allowing it to leave as runoff. Based on the preliminary engineering plans, the combined retention system will be capable of intercepting approximately 17,884 cubic feet of stormwater volume for on-site percolation. As such, less than significant impacts are expected.

Mitigation Measures: None
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:

i) Result in substantial erosion or siltation
on- or off-site;
Discussion:

The vacant project site exhibits a previously cleared and leveled condition. The most current U.S.

Geological Survey (USGS) Topographic Map, Desert Hot Springs Quadrangle, 7.5-Minute Series, does not identify any mapped drainage flow lines, wash areas, or water bodies within the project limits.

Moreover, the applicable FEMA Map (FIRM Panel 06065C0895G) does not identify a designated Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 70
Draft Initial Study / Mitigated Negative Declaration December 2022 floodway or a Special Flood Hazard Area (SFHA) on the site. As a standard condition, the project is required to implement the necessary site design features and engineering improvements to handle the existing conditions in a way that prevents inundation to the proposed structures and any off-site hydrologic modifications.

Buildout of the proposed project would convert the vacant property into a fully improved facility occupied by one building of approximately 60,000 square feet with associated hardscape, parking and landscaping improvements following a City-approved grading and drainage plan. The increase in impervious land cover would normally result in an increase in the rate and amount of surface runoff produced by a site.

However, as a project design feature and in compliance with the local drainage requirements, the project includes on-site retention facilities sized according to the incremental increase in runoff volume resulting from the controlling 100-year storm event. On-site erosion and sedimentation will be prevented through the proper design of stormwater conveyances (inlets, pipes, concrete gutters) as part of the grading and improvement plans. Where applicable, the project will include stabilized edge conditions to prevent instances of erosion or siltation. Following the standard City review and approval process, less than significant impacts are expected pertaining to erosion or siltation, on- or off-site.

Mitigation Measures: None
ii) Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site?
Discussion:

Based on FEMA FIRM Panel Number 06065C0895G, effective August 28, 2008, the entire project site has a Zone X (Shaded) designation corresponding to the 0.2 percent annual chance flood hazard. As such, the project site is not considered to be in a Special Flood Hazard Area (SFHA), floodway, or other designation prone to a high flood risk. As a standard condition, the project is required to include the adequate improvements and site design features to handle the relevant hydrologic conditions in a way that prevents inundation to the proposed structures and also prevents obstructing off-site drainage patterns.

The project would introduce impervious surfaces (buildings, hardscape, asphalt, etc.) to a vacant property. Associated facilities would also include retention systems to accept and infiltrate the worst-case increase in runoff volume between the pre- and post-development condition resulting from the 100-year controlling storm event. Based on preliminary engineering plans, the combined stormwater retention capacity is expected to be approximately 17,884 cubic feet.

Only runoff quantities in excess of the storm drain system capacity will be allowed to leave the site in a properly controlled manner consistent with the historic drainage conditions. The final engineering design is required to demonstrate the adequate improvements to handle the existing conditions in a way that prevents inundation to the proposed structures. Following City engineering review, the proposed development is not expected to substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Less than significant impacts are anticipated.

Mitigation Measures: None
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 71
Draft Initial Study / Mitigated Negative Declaration December 2022 iii) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
Discussion:

The City of Desert Hot Springs is a Permittee of the Whitewater River Watershed Municipal Separate Storm Sewer System (MS4) permit area. Within the City limits, MS4 facilities include a system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) designed for collecting and conveying stormwater. Storm drain facilities can be public or private. Examples of public facilities include pipes, gutters, channels, and basins occurring on the public right-of-way and/or maintained by a public agency. Private facilities are distinguished by being maintained separately by a private entity. The undeveloped project site and immediate surroundings are absent of any formal public or private storm drain facilities.

The proposed project will include a private storm drain system with distributed retention facilities sized to accept and infiltrate incremental increase in stormwater runoff resulting from the controlling 100-year storm event. Based on the project location, size, impervious cover characteristics, the on-site retention system capacity will be approximately 17,884 cubic feet, therefore preventing off-site discharge of stormwater runoff in rates and quantities capable of causing a burden to the local MS4 system. Following City engineering review and approval, the project will prevent the possibility of contributing runoff pollutants to the surrounding areas. Less than significant impacts are anticipated.

Mitigation Measures: None
iv) Impede or redirect flood flows?
Discussion:

The project site is located outside of any designated SFHA, floodway, or drainage flow line as determined by FEMA and USGS maps. Therefore, the project will not impede or redirect any discernable drainage course, floodplain, or flood prone area. As a standard condition, the proposed development will include stabilized edge conditions, a storm drain system and associated retention facilities to meet the City’s engineering requirements and to provide adequate protection to the new facilities. Any stormwater volume or flood flows in excess of the retention capacity must be conveyed across the site in a manner consistent with the prevailing drainage gradient and condition. The associated grading and hydrology plans will be subject to City review and approval. In doing so, the project will not be permitted to impede or redirect flood flows, resulting in less than significant impacts.

Mitigation Measures: None
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
Discussion:

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 72
Draft Initial Study / Mitigated Negative Declaration December 2022 The project is not located near any coastal areas or any large body of water and therefore is not prone to tsunami hazards or seiche risks. The project site is not located in a floodplain or special flood hazard area. As a standard requirement, the project incorporates on-site retention facilities to handle projectrelated runoff volume while also accommodating for excess flows in a manner that prevents hydrologic modifications off-site. As proposed, the project facilities do not involve any outdoor storage or indoor storage of hazardous materials that could be released from accidental discharge. With these required improvements subject to City review and approval, less than significant impacts are anticipated pertaining to flood hazard.

Mitigation Measures: None
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
Discussion:

The project proponent is required to implement a project-specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region MS4 Permit. The final WQMP must incorporate the grading, hydrology, and other plans to document how the site design, source controls, and operation and maintenance program will achieve compliance. Based on the preliminary engineering documents, the proposed site will be divided into three drainage management areas, each with a respective stormwater retention facility sized for the incremental increase in runoff volume. The combined retention capacity for the project is expected to be approximately 17,884 cubic feet. Only runoff quantities in excess of the system capacity will be managed to exit the project in a manner consistent with the existing conditions and gradients. Moreover, the project’s storm water retention facilities will ensure that only stormwater runoff is recharged into the ground via infiltration.

Combined with the required water conservation practices, and City review and approval of plans, the project is expected to contribute to the groundwater sustainability efforts implemented for the Coachella Valley region. Less than significant impacts are anticipated.

Mitigation Measures: None
XI. LAND USE AND PLANNING - Would the project:

Sources: Desert Hot Springs General Plan, 2020; Desert Hot Springs Municipal Code. a) Physically divide an established
community?
Discussion:

The project site sits on approximately 4.85 acres of vacant land on the northeast corner of Calle De Los Romos and 19th Avenue. The site is zoned Light Industrial (I-L) with an Industrial Cannabis Overlay. The project property is surrounded by developed land to the north and south, developing land to the west, and disturbed vacant land to the east. The surrounding properties to the north, east and south are also located within the City’s I-L zone with Industrial Cannabis Overlay. The property west of the project, separated by Calle De Los Romos, is designated as the Coachillin Specific Plan, which also has an Industrial Cannabis Overlay. Coachillin is surrounded by block wall fencing. Calle De Los Romos delineates the project’s western boundary, while the unpaved Avenue 19 delineates the project’s southern boundary. Conclusively, there is no established community pattern in the project vicinity that Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 73
Draft Initial Study / Mitigated Negative Declaration December 2022 would be divided by the project. Less than significant impacts relative to the division of an established community are expected.

Mitigation Measures: None
b) Cause a significant environmental impact
due to a conflict with any land use plan, policy,
or regulation adopted for the purpose of
avoiding or mitigating an environmental effect?
Discussion:

The project proposes the development of a container storage facility on approximately 4.85 acres of vacant land on the northeast corner of Calle De Los Romos and 19th Avenue in Desert Hot Springs. As previously stated, the project is zoned Light Industrial (I-L). I-L districts intend to retain, enhance, and intensify existing and provide for the new development of lighter industrial uses along major transportation routes serving the City. I-L districts accommodate all industrial uses operating entirely in enclosed buildings, requiring limited and screen-able outdoor storage space. The General Plan land use designations for the site is identified as Industrial (I). Industrial land uses allow for a broad range of light industrial, light manufacturing, and indoor cultivation uses housed in multi-tenant, low-scale industrial developments. The project site is largely segregated from the City’s intense residential and commercial uses and is consistent with the City’s zoning and land use designations. The project is located within an industrial district in the City and is considered consistent with the permitted locations established under Municipal Code Chapter

17.16. The project includes approval of a Design Review to thoroughly evaluate the design and operation of the proposed facility and render it in full compliance with City regulations. The project’s physical characteristics and internal operations will not conflict with the City’s land use, zoning or other regulatory policies. Site design features will be reviewed and approved by the City relative to compliance with the City’s General Plan and Zoning. Less than significant impacts are expected.

Mitigation Measures: None
XII. MINERAL RESOURCES -- Would the project:

Sources: Desert Hot Springs General Plan, 2020; Riverside County General Plan, 2015. a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
Discussion:

In accordance with the Surface Mining and Reclamation Act of 1975 (SMARA), mineral land classification maps and reports have been developed to assist in the protection and development of mineral resources.

Local agencies, including the City of Desert Hot Springs, utilize the existing information on mineral classifications for land use plan development and decision-making. According to the SMARA map of Desert Hot Springs, the project and its surroundings are located within Mineral Resource Zone 3 (MRZ3), which applies to areas where the significance of mineral deposits cannot be evaluated from the Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 74
Draft Initial Study / Mitigated Negative Declaration December 2022 available data. There are no specific known mineral resource deposits or facilities on or near the project.

Additionally, the land use designation for the site is not compatible with mining operations.

The nature of the project does not involve the extraction of mineral deposits. Construction of the proposed storage pod facility would rely on existing local and regional aggregate resources from permitted facilities.

The project is not expected to result in a considerable extraction and/or loss of known mineral resources that are considered important to the Coachella Valley Region or residents of California. Less than significant impacts are expected related to the loss of availability of known mineral resources.

Mitigation Measures: None
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
Discussion:

Mineral resources that are known to exist in the Coachella Valley region primarily consist of sand and gravel (aggregate) typically deposited along and near local drainages. Aggregate material is deemed necessary to the local building industry as a component of asphalt, concrete, road base, stucco and plaster. Local or regional construction industries tend to be dependent on readily available aggregate deposits within reasonable distance to the market region. The project site is not recognized as a mineral resource recovery site delineated in the County of Riverside General Plan, City of Desert Hot Springs General Plan or the resource maps prepared pursuant to SMARA. Less than significant impacts are expected.

Mitigation Measures: None
XIII. NOISE -- Would the project result in:

Sources: Desert Hot Springs General Plan, 2020; Desert Hot Springs General Plan Environmental Impact Report, 2020; Desert Hot Springs Municipal Code. a) Generation of a substantial temporary
or permanent increase in ambient noise
levels in the vicinity of the project in excess
of standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
Discussion:

Noise is simply defined as unwanted sound that interferes with normal activities or diminishes the quality of the environment. Sounds also becomes unwanted when it causes actual physical harm or when it has adverse effects on health. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). An A-weighted decibel (dBA) is an expression of the relative loudness of sounds in air as perceived by the human ear. In an A-weighted system, the decibel value of sounds at low frequencies are reduced compared with unweighted decibels, in which no correction is made for audio frequency.

Excessive noise or prolonged exposure to noise can contribute to temporary and permanent impairments, such as hearing loss, fatigue, stress, sleep deprivation, anxiety and annoyance. Although noise has been Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 75
Draft Initial Study / Mitigated Negative Declaration December 2022 accepted as a necessary by-product of urban development, it can become an environmental hazard.

Various components of the urban environment generate noise, such as construction equipment and activities, motor vehicles, air traffic, mechanical equipment, and household appliances.

The most common sound range for human exposure is between 40 dB (very quiet) and 100 dB (very loud). Community noise impacts are commonly evaluated using the Community Noise Equivalent Level (CNEL) noise index, which reduces the combined effect of daily noise exposure to a single number. The value computed by this method is the sum of the decibel values of sound, averaged over 24 hours, with corrections for time of day, such as a 5 dBA penalty for noises occurring during the evening time period (from 7 p.m. to 10 p.m.) and a 10 dBA penalty for noises occurring during the nighttime period (from 10 p.m. to 7 a.m.).

According to the Desert Hot Springs General Plan (DHS GP) Environmental Impact Report (EIR), the City’s noise environment can be characterized as relatively quiet, with the primary sources of noise being motor vehicle traffic on highways and major arterials. The City of Desert Hot Springs has the authority to establish land use noise standards and corresponding restrictions under the City’s Noise Ordinance. The range of noise standards apply to different receiving land uses based on sensitivity and compatibility.

The land use and noise standards are displayed in Table SN-2, Community Noise and Land Use Compatibility, from the DHS GP Noise Element. The proposed corresponding container storage facility corresponds to the land use category of “Industrial”, based on the property’s land use designation. For this category, the recommended “normally acceptable” noise limit ranges from 50 to 65 dBA. Noise levels up to 80 dBA are considered “conditionally acceptable” for industrial uses. This is depicted in Table SN2 from the General Plan:

Table SN-2
Community Noise and Land Use Compatibility
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 76
Draft Initial Study / Mitigated Negative Declaration December 2022 The project property is located on vacant land surrounded by developed, industrial uses to the west and vacant land to the north, east and south. Calle De Los Romos delineates the project’s western boundary, and the unpaved 19th Avenue delineates the project’s southern boundary. The project and the surrounding area are zoned Light Industrial (I-L). I-L districts intend to retain, enhance, and intensify existing and provide for the new development of lighter industrial uses along major transportation routes serving the City. I-L districts accommodate all industrial uses operating entirely in enclosed buildings, requiring limited and screen-able outdoor storage space and cannabis cultivation facilities. Project related noise during construction and operation is further analyzed as followed.

Construction
Construction of the project site is expected to generate short-term noise increases compared to the existing levels. A temporary incremental increase in noise levels along local roadways is expected to occur during the transport of workers and equipment to and from the site. Noise increases will also be generated by the actual on-site construction activities. Equipment used during the construction phases would generate both steady state and episodic noise that would be heard both on and off the project site.

Noise levels generated during various construction phases are presented in Table XIII-1, Typical Maximum Noise Levels for Construction Phases, below. Equipment estimates used for the analysis for grading and building construction noise levels was provided by the U.S. Department of Transportation and are representative of worst-case conditions, since it is unlikely that all the equipment contained onsite would operate simultaneously.

Table XIII-1
Typical Maximum Noise Levels for Construction Phases
Appropriate Leq dBA without Noise Attenuation
Construction Phase 25 Feet 50 Feet 100 Feet 200 Feet
Clearing 90 84 78 72
Excavation 94 88 82 78
Foundation/Conditioning 94 88 82 78
Laying Subbase/Paving 85 79 73 67
Source: U.S. Department of Transportation, Construction Noise Handbook, Chapter 9.0, August 2006.

Areas north, south, and east of the project will not be impacted by construction noise because they are currently undeveloped and vacant. The industrial business park, Coachillin, is located west of the project site, separated by Calle De Los Romos. Coachillin is surrounded by masonry block wall and landscaping.

Additionally, there are no residential uses, schools, or other sensitive receptors near the project site. The nearest residential property to the site is located approximately 0.50 miles northwest of the project. Thus, noise levels generated by the project construction is not anticipated to substantially impact surrounding properties or sensitive receptors.

Although construction noise generated from the project site is not anticipated to result in significant impact, the project shall follow common industry standards that will help limit noise level increases during construction. For example, all construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers and the engines should be equipped with shrouds. Approved haul routes shall be used to minimize exposure of sensitive receptors to potential adverse levels from hauling Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 77
Draft Initial Study / Mitigated Negative Declaration December 2022 operations. All construction equipment shall be in proper working order and maintained to reduce backfires. Grading activities would involve the use of standard earth moving equipment, which would be stored on the site during construction to minimize disruption of the surrounding land uses. Above-grade construction activities would involve the use of standard construction equipment, such as hoist, cranes, mixer trucks, concrete pumps, laser screeds and other related equipment.

Construction traffic and equipment is also anticipated to generate noise along access routes to the proposed development. The larger pieces of heavy equipment would be moved onto the development only one time for each construction activity (i.e., site prep, grading, etc.). Daily transportation of construction workers and the hauling of materials both on and off the project site are expected to cause increases in noise levels along surrounding roadways.

As a standard requirement, the project is expected to abide by the Municipal Code regulations on construction hours, which limit activities to the less sensitive times of the day. Construction activities are only permitted between 7:00 a.m. and 5:00 p.m. Monday through Saturday. During daylight savings time, construction is permitted between 6:00 a.m. and 6:00 p.m. Monday through Saturday. Construction is not permitted on Sundays and national holidays. Therefore, construction of the project is required to occur during the permitted hours to minimize noise impacts generated by development. Additionally, the project will utilize construction equipment compliant with industry standards. Less than significant impacts are anticipated during project construction.

Operation
The vacant project property is located in Desert Hot Springs’s Industrial land use district. The area surrounding the project is characterized by vacant land to the north, east, and south, and an industrial business park to the west. The project is separated from land uses that are sensitive to noise levels by approximately 0.50 miles. According to the DHS GP, industrial operations can create substantial noise problems. Warehousing operations and other acoustically unscreened operations, such as chillers, refrigerator units and heating/air conditioning equipment associated with commercial centers will raise issues of impact and compatibility. These can be mitigated through design features such as sound barriers including walls, landscaping and placement of the equipment. There are no residential uses, schools, or other sensitive receptors near the project site. The project is not located near sensitive receiver properties such as residential neighborhoods.

In addition to stationary sources, the Noise Element of the DHS GP and GP Environmental Impact Report (EIR) identifies vehicular traffic as the principal source of noise in the community. To understand and evaluate the impacts of land use patterns, traffic and development on the noise environment, computer models and simulations were used to calculate transportation noise along major roadways based upon the operating characteristics and traffic volumes. The calculations identify the projected noise contours along major roadways at General Plan Buildout in Table 4.13-4, Future (2040) Traffic Noise Level Contour Distances, in the DHS GP EIR. Per Table 4.13-4, North Indian Canyon Drive is the closest major roadway to the project property, lying approximately 0.50 miles west of the project. 70 dBA CNEL is anticipated to be observed at 497 feet from North Indian Canyon Drive centerline, 65 dBA CNEL is anticipated to be observed at 1,570 feet, and 60 dBA CNEL would be observed at 4,966 feet, according to Table 4.13-4.

Additionally, Interstate 10 (I-10) is located approximately 0.50 miles south of the proposed project.

According to Table 4.13-4, 70 dBA CNEL is anticipated to be observed at 6,344 feet from I-10 centerline, and 65 dBA would be observed at 20,062 feet. Thus, 60 dBA CNEL generated from North Indian Canyon Drive would be observed at the project site, and 70 dBA CNEL generated from I-10 would be observed Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 78
Draft Initial Study / Mitigated Negative Declaration December 2022 by the proposed project. However, the project’s proposed operation as a container storage facility is not anticipated to experience significant impacts from the road. Additionally, the project is located within the City’s industrial land use area, where increased noise levels are generally anticipated.

Outdoor activities will be limited during the life of the project. These include vehicular access and circulation in the project’s parking lot and drive aisles; access to the trash enclosures for waste management (disposal and pick-up); access to the outdoor utilities for maintenance purposes (i.e., storm drain system components, chillers, HVAC equipment, etc.).

While the project would result in an increase in noise levels compared to the existing vacant condition, the nature and intensity of operations that would occur in the proposed structures are not expected to result in the generation of noise levels that would surpass the community noise and land use compatibility standards. Additionally, the project may result in an incremental increase in traffic-related noise levels on the local roadways, however, it would not create a substantial increase in noise levels. Noise generated by the project site is anticipated to be similar to the existing light industrial uses in nearby areas. Less than significant impacts are expected.

Mitigation Measures: None
b) Generation of excessive groundborne
vibration or groundborne noise levels?
Discussion:

Groundborne vibration also referred to as earthborne vibration, can be described as perceptible rumbling, movement, shaking or rattling of structures and items within a structure. Groundborne vibration can generate a heightened disturbance in residential areas. These vibrations can disturb residential structures and household items while creating difficulty for residential activities such as reading or other tasks. Although groundborne vibration is sometimes perceptible in an outdoor environment, it does not result in the degree of disturbance that is experienced inside a building. Groundborne vibration can be measured in terms of amplitude and frequency or vibration decibels (VdB). Trains, buses, large trucks and construction activities that include pile driving, blasting, earth moving, and heavy vehicle operation commonly cause these vibrations. Other factors that influence the disturbance of groundborne vibration include distance to source, foundation materials, soil and surface types.

The project is surrounded by vacant land to the north, east, and south. Existing industrial facilities are located west of the project. The existing source of groundborne vibration is attributed to the circulation of vehicles and trucks along the surrounding roadways.

Construction of the project will involve the temporary operation of vehicles and equipment that could result in localized, short-term vibration increases during the permitted hours of construction established by the City. All construction equipment staging will be located within the temporary construction limits, while vehicular and equipment access to the construction site would be restricted to only the approved entry points that minimize disturbance to local traffic. Short-term increases in vibration and sound during construction are not expected to result in significant impact.

After construction, the nature of the proposed cultivation and processing facility would not typically involve activities expected to generate excessive vibration or groundborne noise. All activities within the project will be required to adhere to the City’s Noise Ordinance. Less than significant impacts are anticipated.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 79
Draft Initial Study / Mitigated Negative Declaration December 2022 Mitigation Measures: None
c) For a Project located within the vicinity
of a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?

Discussion:

The project site is located approximately 4.75 miles north of Palm Springs International Airport, and 18.10 miles northwest of the Bermuda Dunes Airport. Therefore, the project site is not located within two miles of a public airport or the vicinity of a private airstrip, and as such, no impact related to the exposure of people residing or working in the project area to excessive airport related noise levels is anticipated.

Mitigation Measures: None
XIV. POPULATION AND HOUSING – Would the project:

Sources: Desert Hot Springs General Plan, 2020; Desert Hot Springs Municipal Code. a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?

Discussion:

Operations of the approximately 4.85-acre project is compatible with uses permitted in the Light Industrial (I-L) zones. The project will have approximately 7 employees during operation. The project may encourage relocation for employment; however, considering the facility’s purpose, employment generated through these facilities would not be substantial. The project does not have a residential component and improvements to roads and other infrastructure associated with the project would not induce substantial growth to the area. Less than significant impacts are expected.

Mitigation Measures: None
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?

Discussion:

The entire property is currently vacant land designated by the City General Plan and zoning for Light Industrial activity. Development and operation of the project would not displace any existing housing or require replacement housing. No impacts are anticipated.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 80
Draft Initial Study / Mitigated Negative Declaration December 2022 Mitigation Measures: None
XV. PUBLIC SERVICES
Sources: Desert Hot Springs General Plan, 2020; Desert Hot Springs Municipal Code; United States Census, 2020.
a) Would the Project result in substantial
adverse physical impacts associated
with the provision of new or physically
altered governmental facilities, need for
new or physically altered governmental
facilities, the construction of which could
cause significant environmental impacts,
in order to maintain acceptable service
ratios, response times or other performance
objectives for any of the public services:

Fire protection?
Discussion:

The City of Desert Hot Springs contracts with Riverside County Fire Department/Cal Fire (RCFD) for a full range of fire protection services provided 24 hours a day, 7 days a week. The RCFD is staffed with a combination of County and State of California Department of Forestry & Fire Protection employees. They operate nearly 100 fire stations that serve approximately two million residents over 7,004 square miles of Riverside County. The City of Desert Hot Springs has three RCFD fire stations, Battalion 10 Station 36, Battalion 10 Station 37, and Battalion 10 Station 56 (refer to the Hazards and Hazardous Materials Section for Station locations). Each station is staffed by 8.2 full time personnel and each shift has 3 professionals, consisting of a Fire Captain/and or engineer and one or two Firefighter II / licensed paramedic on duty at all times. Each station is also equipped with a Type I, 1500 GPM fire engine.

In addition to the other RCFD facilities located in the Coachella Valley, the department maintains a cooperative mutual aid agreement with other agencies and communities to assist in suppressing fire or controlling emergency incidents. Mutual aid is an agreement among emergency responders to lend assistance across jurisdictions provided resources are available and is not to the detriment of their own service area. Per the City’s General Plan, agreements are in place with both Palm Springs and Cathedral City. These cities provide their own fire services and do not contract with RCFD/Cal Fire. Further discussion of this topic is found within the Hazards and Hazardous Materials discussion of this document.

The project proposes a storage pod facility on approximately 4.85 acres. Development of the proposed project is not expected to have a significant impact on fire services nor cause an undue hardship to the fire department. The development could be adequately served without the expansion of a new fire facility and adequate response times would be met. Additionally, the project would be required to implement all applicable and current California Fire Code Standards. This would include installation of fire hydrants as well as sprinkler systems inside the buildings. Furthermore, the project will be reviewed by City and Fire officials to ensure adequate fire service and safety as a result of project implementation. The project will also be required to comply with the City’s Development Impact Fees (DIF) to assist with the funding of public facilities and services, including fire, therefore, less than significant impacts are expected.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 81
Draft Initial Study / Mitigated Negative Declaration December 2022 Mitigation Measures: None
Police protection?
Discussion:

Police services are provided to the project area by the Desert Hot Springs Police Department. The police department operates out of a single location and is located at 65-950 Pierson Blvd, approximately 3.8 miles from the project site. The DHSPD has 34 officers and 7 support staff, totaling 41 positions. The department serves a population of approximately 32,512 residents according to the United States Census Bureau (2020). The project could result in additional incident call and responses but not to the extent that would delay response times or create demands that would require the construction of a new police station or other facilities.

Furthermore, the project will be reviewed by City and Police officials to ensure adequate police service and safety as a result of project implementation. The project will also be required to comply with the City’s Development Impact Fees (DIF) to assist with the funding of public facilities and services, including police, therefore, less than significant impacts are expected.

The project proposes a storage pod warehouse facility on approximately 4.85 acres. Security measures will be thoroughly incorporated into the project design, as required by the City. The site will be entirely enclosed within perimeter security fencing and gated entry/exit drives will control vehicular access onto and off the property.

Although the project may require additional demand for police services, the demand is not expected to hinder the City’s ability to provide police protection services and adequate response times would be met.

The project will also be required to comply with the City’s Development Impact Fees (DIF) to assist with the funding of public facilities and services, including police, therefore, less than significant impacts are expected.

Mitigation Measures: None
Schools?
Discussion:

The proposed project falls under the Palm Springs Unified School District (PSUSD). Development of the project would not create a direct demand for school service. The project proposes the development of a storage pod facility. Employment generated by the project would not be expected to draw a substantial number of new residents that would generate school age children requiring public education or substantially alter school facilities or the demand for public education and no new facilities would need to be constructed. At the time of writing, current development fees are $4.08 a square foot for residential and $.66 a square foot for commercial projects. Therefore, implementation of the proposed project is not expected to increase the demand for school facilities or result in facility deterioration. No impacts to school facilities are anticipated.

Mitigation Measures: None
Parks?
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 82
Draft Initial Study / Mitigated Negative Declaration December 2022 Discussion:

As discussed below in Section XVI(a) and XVI(b), the proposed project would not create additional demand for public park facilities, nor result in the need to modify existing or construct new park facilities.

No impacts are expected to parks.

Mitigation Measures: None
Other public facilities?
Discussion:

No increase in demand for government services and other public facilities is expected beyond those discussed in this section. No impacts to other public facilities are expected.

Mitigation Measures: None
XVI. RECREATION
Sources: Desert Hot Springs General Plan, 2020; Desert Hot Springs Municipal Code. a) Would the project increase the use
of existing neighborhood and regional
parks or other recreational facilities such
that substantial physical deterioration
of the facility would occur or
be accelerated?
Discussion:

As discussed in the project description, the project proposes to construct a storage warehouse facility.

Properties immediately to the east, south, and north of the project are in a vacant state with similar conditions to those found on-site. An existing industrial business park facility is located west of the project, separated by Calle De Los Romos.

No residential land uses are proposed, and the approximate proposed employees would not cause a substantial increase to the current existing neighborhood community, regional or local parks. Therefore, no impacts are expected relative to use or deterioration of existing parks.

Mitigation Measures: None
b) Does the Project include recreational
facilities or require the construction
or expansion of recreational facilities
which might have an adverse physical
effect on the environment?
Discussion:

The construction of the proposed storage facility, located within an area zoned Light Industrial, will not involve a recreational facility. No construction or expansion of other recreational facilities is required for project implementation and no impacts are anticipated.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 83
Draft Initial Study / Mitigated Negative Declaration December 2022 Mitigation Measures: None
XVII. TRANSPORTATION -- Would the project:

Sources: California Emissions Estimator ModelTM (CalEEModTM) Version 2020.4.0 California Air Pollution Control Officers Association (CAPCOA); Desert Hot Springs General Plan Environmental Impact Report, 2020; Desert Hot Springs Municipal Code; Traffic Census Report, Coachella Valley Association of Governments, 2015. Riverside County Transportation Commission, Long Range Transportation Study, December 2019; California Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA, December 2018. DHS 109 Project Vehicle Miles Traveled Memorandum prepared by the Ganddini Group, November 4, 2020 a) Conflict with a program plan, ordinance
or policy the circulation system, including
transit, roadway, bicycle and pedestrian
facilities?
Discussion:

The project site sits on approximately 4.85 acres of vacant land at the northeast corner of 19th Avenue and Calle De Los Romos in the City of Desert Hot Springs. The project proposes the development of 1 approximately 60,000 sf building to support a climate-controlled container storage facility and supporting infrastructure improvements. The site has a General Plan (GP) land use designation of Industrial (I). The project also occurs within the City’s Industrial Cannabis Overlay. The site is zoned as Light Industrial (IL) with an Industrial Cannabis Overlay.

The project property is surrounded by developed uses to the west, and vacant and undeveloped land to the north, east and south. An Anaerobic Digester Facility is proposed approximately 800 feet to the east.

The surrounding properties are also located within the City’s I-L zones, with an Industrial Cannabis Overlay. The Light Industrial Zone and Industrial Cannabis Overlay is intended to provide for any and all industrial uses operating entirely in enclosed buildings, and those requiring limited and screen-able outdoor storage space. The project site is largely segregated from the City’s intense residential uses.

Therefore, no future land use conflicts with residential or commercial uses are anticipated. This is consistent with the City’s General Plan land use designation.

The project site will have three entry points, two on Calle De Los Romos along the western boundary and one on 19th Avenue along the southern boundary. Calle De Los Romos is currently paved with curb and gutter on the west side but not fully improved adjacent to the property. 19th Avenue is not paved adjacent to the proposed project. Local north-south circulation is provided by Indian Canyon Drive located approximately 0.25 miles west of the project. Regional access to the site is provided by the I-10 Freeway located approximately 0.50 mile south of the project.

The facility’s loading docks, and truck access area will be enclosed within gated perimeter security fencing. Two gated entry/exit drives will control vehicular access from the loading area. One is located near the northernmost entry on Calle De Los Ramos, the second one is located near 19th Avenue.

Primary entrance to the public accessible front office will be from Calle De Los Ramos. A paved surface is proposed for the main drive aisles and parking areas. The proposed surfaces and entry/exit drives will Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 84
Draft Initial Study / Mitigated Negative Declaration December 2022 improve accessibility of the site. Circulation and parking will be consistent with City parking standards as determined by City Staff.

Operations: The facility is expected to house a company which moves goods in portable storage units.

Such units are delivered by truck to homes and businesses where they are filled with personal or business belongings, are then picked up again by truck for storage in the warehouse before the storage unit is moved to the location requested by the client. The storage units are warehoused for a short or long duration, and per the client’s needs are removed from the warehouse for delivery to a local or national destination. This building is not a refrigerated/cold storage warehouse.

Level of Service Standard (LOS)
With the implementation of SB 743, intersection Level of Service (LOS) is not calculated to determine transportation impacts, however it provides information regarding intersection capacity and General Plan consistency for the City. The transportation assessment of LOS was conducted for consistency with the City of Desert Hot Springs General Plan and to evaluate the proposed project’s effect on the surrounding transportation network.

Average Daily Trips (ADT) refers to the total number of vehicles that travel a defined segment of roadway over a twenty-four-hour period. The standard most often used to evaluate the operating conditions of the transportation system is called level of service (LOS). LOS is a qualitative assessment of the quantitative effect of factors such as: speed and travel time, traffic volume, geometric features, traffic interruptions, delays, and freedom to maneuver, driver comfort and convenience, and vehicle operating costs LOS is a measure of transportation system performance based upon the ratio of traffic volume relative to the capacity of the roadway or intersection. The volume-to-capacity ratio (V/C) indicates the overall performance of the roadway segment or intersection and corresponds to a rating of A through F identifying its level of capacity utilization and relative level of congestion. LOS A represents free-flow traffic with little or no delay whereas LOS F represents a breakdown of traffic flow and a high incidence of delay. The City of Desert Hot Springs has established LOS D as the minimum level of service for its street segments and intersections.

Table XVII-1
Level of Service - Roadway Segment
Description Mid-Link and Uninterrupted Flow
Level of Service Volume/Capacity Ratio
A 0.00 – 0.60
B 0.61 – 0.70
C 0.71 – 0.80
D 0.81 – 0.90
E 0.91 – 1.00
F Not Meaningful
Source: Highway Capacity Manual, Transportation Research Board – Special Report 209, National Academy of Science, Washington, D.C. 2000.

For roadway segment travel LOS is a measure of the flow of traffic, while for intersections, the LOS is based on the number of seconds the vehicle is delayed in passing through the intersection. Although accepting a lower level of service (LOS E or even F) at certain intersections and segments during peak Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 85
Draft Initial Study / Mitigated Negative Declaration December 2022 season may result in periodic congestion, once familiar with network constraints, travelers will seek alternative paths and traffic will be distributed to those parts of the network with surplus capacity.

Table XVII-2 Level of Service Thresholds
Level of Service Intersection Control Delay (Seconds / Vehicle) Signalized Intersection Unsignalized Intersection
A ≤ 10.0 ≤ 10.0
B > 10.0 to ≤ 20.0 > 10.0 to ≤ 15.0
C > 20.0 to ≤ 35.0 > 15.0 to ≤ 25.0
D > 35.0 to ≤ 55.0 > 25.0 to ≤ 35.0
E > 55.0 to ≤ 80.0 > 35.0 to ≤ 50.0
F > 80.0 > 50.0
Source: Transportation Research Board, Highway Capacity Manual (6th Edition.) Project Impacts
For the proposed warehouse activity, the total number of employees is anticipated to be approximately

7. Since warehouse activity will require significantly less employees per SF of building area relative to typical industrial uses, it is more appropriate to forecast proposed project staff related traffic based on number of employees of a General Light Industrial project rather than based on building SF.

For the proposed trucking operations, the total number of trucks per day is anticipated to be 15, with an ADT of 30 trips (one to access and one to leave the facility). Deliveries will be conducted throughout the day with no established peak hours.

Trip generation was calculated by land use type and was calculated using the reference Trip Generation, prepared by the Institute of Transportation Engineers (ITE) as well as data provided by the applicant.

Table XVII-1 and XVII-2 illustrate the Trip Generation Summary for the project based on the ITE Land Use Classification and applicant data.

The corresponding trip generation rates were made consistent with the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition based on the respective land use codes.  Indoor storage facilities with a floor area of 60,000 square feet and 7 employees representative of an General Light Industrial use, ITE Land Use Code 110.  Delivery Truck Trips, provided by applicant.

Table XVII ‐1 Project Trip Generation Summary
Trip Generation Rates (note 1 and 2)
Land Use  ITE LU
Code
Quantity  AM Peak Hour  PM Peak Hour  Daily
Total  Total
Light Industrial   110  Employees  0.44  0.42  3.37
Delivery Trucks  NA  Trucks  NA  NA  2.00
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 86
Draft Initial Study / Mitigated Negative Declaration December 2022 Table XVII ‐2 Project Trip Generation Summary
Trip Generation Results  (note 1)
Land Use  ITE LU
Code
Quantity  AM Peak Hour  PM Peak Hour  Daily
Total  Total
Light Industrial   110  7 Employees  3  3  21
Delivery Trucks  NA  15 trucks  NA  NA  30
Total      3  3  51

1. Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual.

2. Truck total provided by applicant.

The proposed project is expected to generate a net total of approximately 51 external trip-ends per day on a typical weekday with 3 external vehicles per hour (VPH) during the weekday AM peak hour and 3 external VPH during the weekday PM peak hour.

According to Appendix B of the Riverside County Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled, Traffic Analysis Exemptions, certain types of development proposals are generally exempt from Traffic Analysis requirements per Board of Supervisor’s action November 5, 1996 (Item no. 3.27). Exemption #10 indicates that an exemption is appropriate for any use which can demonstrate, based on the most recent edition of the Trip Generation Report published by the Institute of Transportation Engineers (ITE) or other approved trip generation data, trip generation of less than 100 trips during the peak hours. As noted above the project is anticipated to generate approximately 51 ADT for the project and 3 ADT during the AM peak hour and 3 ADT during the PM peak hour and is therefore not required to prepare a formal Traffic Study.

Calle De Los Romos: designated an Industrial Collector with 4-lanes and a painted median. It is a northsouth roadway on the site’s western boundary with a 78’ ultimate right of way and sidewalks on both sides. It is currently partially paved with curb and gutter on the west half, and no curb and gutter adjacent to the project’s western boundary.
19th Avenue: designated as a Major Arterial with 4 lanes undivided with an 88’ ultimate right of way and on-street bike lanes on both sides. This roadway also includes sidewalks on both sides. It is currently an unimproved dirt roadway along the project’s southern boundary.

Indian Canyon Drive: designated as a Primary I roadway, with a proposed 110 foot right of way, six lanes divided, and no parking. This roadway provides regional access to the project.

In 2017 the Coachella Valley Association of Governments (CVAG) Traffic Census Report indicated an ADT of 13,768 on Indian Canyon Drive north of 20th Avenue.

The Transportation and Traffic Section of the City’s General Plan Environmental Impact Report (DHSGP EIR) Table 4.17-5 indicates that the Indian Canyon Drive segment between Dillon Road and 20th Avenue currently has an ADT of 14,183 and a LOS of C (LOS E capacity of 18,000 ADT). Using a 2% yearly growth rate for 2 years (567 ADT) the 2022 ADT is estimated to be 14,750.

Table 4.17-12 indicates that the Indian Canyon Drive segment between Dillon Road and 20th Avenue has a buildout ADT of 39,200 with LOS C (V/C of 0.73) and a LOS E capacity of 54,000 ADT. General Plan Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 87
Draft Initial Study / Mitigated Negative Declaration December 2022 buildout street improvements have been designed to accommodate increasing traffic conditions associated with planned land uses.

The project is anticipated to have a maximum of approximately 20 employees. Total trips associated with the project are estimated to add approximately 51 ADT to the local roadway system. This total is approximately 0.13% of the projected 39,200 ADT associated with LOS C at buildout and approximately

0.09% of 54,000 ADT associated with LOS E at buildout. This increase will not significantly impact the LOS of Indian Canyon Drive.

Prior to approval, the proposed site circulation, including offsite street design standards and the project’s fair share portion of offsite street improvements will be reviewed by the City as part of the site and conditional use analysis. As a Standard Condition, the applicant shall complete adjacent roadway improvements as designated by the General Plan.

Alternative Transportation
SunLine Transit Agency provides bus services to the City of Desert Hot Springs through Lines 2 and 3.

Line 5 is available on weekdays only. No routes are located near the project. The nearest bus stop is and located approximately 4.0 miles in driving/biking distance to the northeast at the intersection of Dillon Road and Palm Drive.

SunLine Transit Agency buses are wheelchair accessible and include bicycle racks accommodating two or three bicycles. The potential use of local bus services by future project employees is not expected to conflict with or substantially increase the demand for this transit service. Project implementation is not anticipated to interfere with the existing service or performance at bus stop facilities. Less than significant impacts are anticipated.

If future demand warrants, expansion of available services may be appropriate. Transit services are monitored by both the City and SunLine. Additional services are periodically considered in response to anticipated increase in use. A future bus route is proposed along Indian Canyon Drive but there is no indication of the date of initiation of this route.

The project would improve pedestrian mobility by incorporating pedestrian sidewalks along the frontage of Calle De Los Romos and Avenue 19th where currently none exist. The widening and improvements of the roadways includes on-street bicycle lanes on 19th Avenue. Improvements resulting from the project are expected to enhance, rather than obstruct or conflict with the City’s established goals on bicycle transportation or with any existing facilities. Less than significant impacts are expected.

TUMF
The Transportation Uniform Mitigation Fee (TUMF) Ordinance became effective July 1, 1989. The TUMF program is a component of the twenty-year Measure Α sales tax program managed by the Coachella Valley Association of Governments (CVAG) and approved by voters in November 1988. In 2002, a thirtyyear extension was approved by Riverside County voters and resulted in an expiration date of 2039.

Under the TUMF, developers of residential, industrial and commercial property pay a development fee to fund transportation Projects that will be required as a result of the growth the Projects create. TUMF will be required as a Condition of Approval.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 88
Draft Initial Study / Mitigated Negative Declaration December 2022 CMP
The Congestion Management Program (CMP), prepared by the Riverside County Transportation Commission (RCTC), is intended to link land use, transportation and air quality with reasonable growth management methods, strategies and programs that effectively utilize new transportation funds to alleviate traffic congestion and related impacts. As the designated Congestion Management Agency (CMA), the RCTC prepares the CMP that designates a system of highways and roadways to include all State Highway facilities within Riverside County and a system of “principal arterials” to be included as the Congestion Management System (CMS). Program updates include consultation with local agencies, the County of Riverside, transit agencies and sub-regional agencies like the Coachella Valley Association of Governments (CVAG).

It is the responsibility of local agencies, when reviewing and approving development proposals to consider the traffic impacts to the CMS. All development proposals and circulation projects to be included within the City of Desert Hot Springs are required to comply with the current policies and procedures set forth by the RCTC’s CMP. The CMA provides a uniform database of traffic impacts for use in a countywide transportation computer model. The RCTC has recognized use of the Coachella Valley Area Transportation System (CVATS) sub-regional transportation model and the Riverside Transportation Analysis Model (RIVTAM) to analyze traffic impacts associated with development proposals or land use plans. The methodology for measuring LOS must be that contained in the most recent version of the Highway Capacity Manual. Traffic standards must be set no lower than LOS E for any segment or intersection on the CMP system unless the current LOS is lower (i.e., LOS F).

The project is located approximately 0.50 miles northeast of the Indian Canyon westbound on-ramp to the Interstate 10 Freeway (I-10). Interstate 10 is identified as a CMP corridor. According to the RCTC Long Range Transportation Study, the I-10 at this location has an LOS of D or better. Traffic (3 ADT for the AM Peak Hour and 3 ADT for the PM Peak Hour) resulting from the operations at the proposed facility, in compliance with the General Plan, is not anticipated to individually or cumulatively contribute to an exceedance of a level of service standard established in the CMP. Impacts are expected to be less than significant.

Following implementation of Standard Conditions and Development Impact Fees (DIF,) the project is not anticipated to conflict with an applicable plan, ordinance or Policy establishing measures of effectiveness for the performance of the circulation system. Less than significant impacts are expected.

Mitigation Measures: None
b) Would the project conflict or be inconsistent
inconsistent with CEQA Guidelines Section
15064.3, subdivision (b)?
Discussion:

Vehicle Miles Travelled (VMT)
Changes to California Environmental Quality Act (CEQA) Guidelines were adopted in December 2018, which require all lead agencies to adopt VMT as a replacement for automobile delay-based level of service (LOS) as the new measure for identifying transportation impacts for land use projects. This statewide mandate went into effect July 1, 2020. To aid in this transition, the Governor’s Office of Planning Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 89
Draft Initial Study / Mitigated Negative Declaration December 2022 and Research (OPR) released a Technical Advisory on Evaluating Transportation Impacts in CEQA (December of 2018) (Technical Advisory).

VMT is a measure of the amount of travel for all vehicles in a geographic region over a given period of time, typically a one-year period. Goals for reducing Greenhouse Gasses (GHG) have been the primary motivation for the shift to VMT measures. Reductions in VMT produce many other potential benefits such as reductions in other air pollutant emissions, water pollution, wildlife mortality and traffic congestion, as well as improvements in safety and health and savings in public and private costs.

The County of Riverside Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled provide a series of analytical steps for SB-743 compliance. The process contains a stepped approach that includes screening criteria, identifying significance measure and threshold, VMT analysis and mitigation measures.

Screening criteria were developed to determine if a presumption of non-significant transportation impact can be made on the facts of the project. A detailed CEQA assessment is not required for land use elements of a project that meet the screening criteria included in the Guidelines. The following project types are considered for screening: Small Projects, Projects Near High Quality Transit, Local Essential Service, Map-Based (Low VMT Area) Screening and Redevelopment Projects.

The City of Desert Hot Springs utilizes the Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled, County of Riverside Transportation Department, December 2020, which sets forth screening criteria under which Projects are not required to submit detailed VMT analysis. This guidance for determination of non-significant VMT impact is primarily intended to avoid unnecessary analysis and findings that would be inconsistent with the intent of SB 743. VMT screening criteria for development projects include the following:
 Small Projects with low trip generation per existing CEQA exemptions or resulting in a 3,000 metric tons of Carbon Dioxide Equivalent per year screening level threshold.  Low VMT Area Screening within an area of development under threshold based upon RIVTAM modeling, and
 Redevelopment Projects which replace an existing VMT-generating land use and do not result in a net overall increase in VMT.

Small Project Screening
The Project has been reviewed for VMT screening based upon its size as a small project, and no further VMT analysis is needed. Per the GHG Analysis prepared for the Project Specific CEQA document, emission estimates resulted in less than a 3,000 metric tons of Carbon Dioxide Equivalent per year screening level threshold.

Greenhouse Gas Emission Summary
CalEEMod Version 2020.4.0 was used to quantify GHG emissions associated with construction and operation of the proposed project. The corresponding trip generation rates were made consistent with the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition based on the Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 90
Draft Initial Study / Mitigated Negative Declaration December 2022 respective land use codes. There are currently no specific ITE Land Use Codes available for the proposed onsite uses. The most conservative interpretation of proposed land uses, equitable modelling criteria, and associated greenhouse gas impacts have been utilized to capture impacts associated with 100% of the proposed floor area of onsite structures and operations.  Industrial Park facility with a floor area of 60,000 square feet, ITE Land Use Code 130.  Parking lot, driveway, and hardscape facilities with a combined area of 2.08 acres Under this guidance, a screening threshold of 3,000 metric tons of carbon dioxide equivalent MTCO2e) per year has been an acceptable approach for working groups. The GHG emissions estimates resulting from CalEEMod are displayed below in Table XVII-3.

Table XVII-3
Total Project Greenhouse Gas Emissions
Unmitigated Emission
Source
Emissions
(metric tons per year)
Total CO2E
Annual Construction
Emissions Amortized Over 30 13.05065
Area, Energy, Mobile Sources,
Waste, and Water Usage 399.4357
Total CO2E (All Sources) 412.48635
SCAQMD Threshold for
Industrial Projects 3,000
Threshold Exceeded? NO
As shown in Table-1 resulting from the CalEEMod calculations, the project is expected to generate approximately 412.5 MTCO2e per year from construction, area, energy, mobile sources, waste, and water usage sources. Therefore, the project GHG emissions would not exceed the threshold of significance set at 3,000 MTCO2e per year. Having been evaluated against the regionally accepted thresholds, which are part of the State’s regulations aimed at addressing climate change, the project is not expected to interfere with the plans, policies, or regulations adopted for the purpose of reducing the emissions of greenhouse gases.

VMT Screening Conclusion
The Project has been reviewed for VMT screening based upon its size as a small project, and no further VMT analysis is needed. Per the GHG Analysis prepared for the Project Specific CEQA document, emission estimates resulted in less than a 3,000 metric tons of Carbon Dioxide Equivalent per year screening level threshold.

Following implementation of the project design features, TUMF, DIF and standard conditions, the project is expected to result in less than significant impacts.

Mitigation Measures: None
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 91
Draft Initial Study / Mitigated Negative Declaration December 2022 c) Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
Discussion:

The proposed facility is a permissible facility within the existing zoning of Light Industrial (I-L) on and around Indian Canyon Drive. In its current condition, the undeveloped project property is bordered by the paved (but not fully improved) alignment of Calle De Los Romos and unpaved 19th Avenue.

To provide proper access to the facility, off-site design and the proposed off-site improvements include street paving on portions of Calle De Los Romos and 19th Avenue along the project’s frontage. Circulation design will undergo City and Fire Department review before approval to ensure that the local development standards for roadways, in interior and exterior circulation designs, are met without resulting in traffic safety impacts including hazardous design features. The project will not include sharp curves or dangerous intersections. No incompatible uses will result from the project.

A traffic control plan will be prepared prior to construction to reduce the potential for temporary hazards associated with construction activities. This requirement will work to coordinate traffic associated with the facility staff, construction traffic and existing users along 19th Avenue. All project plans shall be reviewed and approved by the City Engineering Department. Impacts are expected to be less than significant.

Mitigation Measures: None

d) Result in inadequate emergency access?
Discussion:

The project will provide adequate access to emergency response vehicles, as required by the City of Desert Hot Springs and in accordance with the Fire Department review and requirements. Site plan review would include in-depth analysis of emergency access to the site to ensure proper access to facilities. As mentioned in Section 1.1, the Purpose and Authority section of Chapter 1, the proposed site plan provides two primary vehicular access points on Calle De Los Romos and one on 19th Avenue. The design details of the vehicular driveways will be reviewed and approved by the Fire Department and the City.

The project is anticipated to provide proper premises identification with legible site name, address numbers, and clear signage indicating the site access points. Security gates, controlled access key boxes, operational fire hydrants and extinguishers are also required in accordance with Chapter 15.24 of the Desert Hot Springs Municipal Code for Cultivation projects. Off-site Project improvements will involve paving on Calle De Los Romos and 19th Avenue within the required rights-of-way and according to the City’s designated street standards.

Following implementation of standard conditions, the project is anticipated to result in less than significant impact related to emergency access.

Mitigation Measures: None
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 92
Draft Initial Study / Mitigated Negative Declaration December 2022 XVIII. TRIBAL CULTURAL RESOURCES -- Would the Project:

Sources: Historical/Archaeological Resources Assessment, CRM Tech, 2020. a) Would the Project cause a substantial
Adverse change in the significance of a
Tribal cultural resource, defined in Public
Resource Code Section 21074 as either
a site, feature, place, cultural landscape that
is geographically defined in terms of the size
scope of the landscape, sacred place, or object
with cultural value to a California Native
American tribe, and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
Register of historical resources as defined
in Public Resource Code Section 5020.1(k), or:

Discussion:

As previously discussed in the Cultural Resources Section, the project site has been cleared and graded and no historical resources were encountered on the site. However, unknown archaeological resources have the potential to be uncovered during ground disturbance and excavation activities. Therefore, following implementation of the recommended mitigation measure outlined in the Cultural Resources Section of this Initial Study, less than significant impacts are expected following the recommended mitigation measure.

Mitigation Measures: CUL-1
ii) A resource determined by the lead agency,
in its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1. In applying the criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1, the lead agency shall
consider the significance of the resource to a
California Native American Tribe.

Discussion:

Public Resource Code 21074 identifies “Tribal Cultural Resources” as “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe” and that are either included or determined to be eligible for inclusion on the national, state, or local register of historic resources, or that are determined by the lead agency, in its discretion, to be significant when taking into consideration the significance of the resource to a California Native American Tribe.

To ensure that all significant Tribal Resources are identified and fully considered, AB 52 Consultation will be conducted by the City of Desert Hot Springs. On August 15, 2022, AB 52 notification letters were sent Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 93
Draft Initial Study / Mitigated Negative Declaration December 2022 to 14 Native American tribal governments or designated tribal representatives via USPS mail. During the comment period (which ended on September 14, 2022), the City received two letters. The Agua Caliente Band of Cahuilla Indians (ACBCI) provided a comment letter on August 30th. Within their letter, the ACBCI requested the following:
 Formal consultation;
 A cultural resources inventory of the project by a qualified archaeologist prior to any development activities in the project area;
 A copy of the records search with associated survey reports and site records from the information center; and
 Copies of any cultural resource documentation (reports and site records) generated in connection with the project.

The Morongo Band of Mission Indians also sent a letter to the City during the comment period. The Morongo Tribe stated that the project site is located within the ancestral territory and traditional use area of the Cahuilla and Serrano people of the Morongo Band of Mission Indians. Therefore, the Tribe requested the following:
 AB 52 consultation;
 Project design and grading maps;
 A records search conducted at the appropriate CHRIS center and cultural resource documentation generated through the search;
 Tribal participation (i.e., tribal monitors) during the pedestrian survey and testing, if the fieldwork has not already taken place. Or copies of the current Phase I study or other cultural assessments;  Shapefiles of the project area of potential effect (APE); and  Geotechnical Report.

The materials requested by the ACBCI and Morongo Tribes were sent on January 3, 2023. Upon receiving the materials, the tribes may further provide recommendations and/or mitigation measures.

CRM Tech, as stated in the Cultural Report, contacted representatives of local Native American groups for further information on potential resources. CRM Tech contacted the ACBCI for additional information and tribal participation in the fieldwork. In a written response dated October 6, 2022, Nicole Raslich of the ACBCI Tribal Historic Preservation Office confirmed that the project area lay within the tribe’s traditional use area and requested copies of all cultural resources documentation generated for the project for tribal review. In addition, the tribe recommended onsite monitoring by an archaeologist and an approved Agua Caliente Native American Cultural Resource Monitor during ground-disturbing activities associated with the proposed project. Ms. Raslich subsequently participated in the field survey of the project area on November 1, 2022. The project ground surface has been extensively disturbed over the past five years in association with its use as a staging area for the adjacent development, and the likelihood of any prehistoric or historical cultural remains surviving intact on or near the ground surface is considered to be low. Although CRM Tech concluded negative results for potential cultural resources, the project shall retain an archaeologist and an approved Agua Caliente Native American Cultural Resource Monitor during ground-disturbing activities associated with the proposed project. This is required by Mitigation Measure TCR-1.

Mitigation Measures: TCR-1
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 94
Draft Initial Study / Mitigated Negative Declaration December 2022 TCR-1: The project shall retain an archaeologist and an approved Agua Caliente Native American Cultural Resource Monitor during ground-disturbing activities associated with the proposed project.

XIX. UTILITIES AND SERVICE SYSTEMS -- Would the project:

Sources: Desert Hot Springs General Plan, 2020; Coachella Valley Urban Regional Water Management Plan, Mission Springs Water District, 2015; Sewer Master Plan, Mission Springs Water District, 2007. a) Require or result in the relocation or
construction of new or expanded water,
or wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which would
significant environmental effects?

Discussion:

Domestic water for the proposed development would be provided to the project by connecting into the existing water and sewer mains located along 19th Avenue and Calle Del Los Ramos. The project would then connect to water and sewer through a series of water service lines and sewer laterals. Electric power, telecommunication and natural gas connections are also located within proximity of the project’s boundary. The project is designed with an on-site stormwater retention system that during the life of the project will comply with the City’s drainage requirements by preventing site discharge and transport of untreated runoff. The proposed storm drain system includes facilities which have been preliminarily sized to provide enough storage for the 100-year controlling storm event. Therefore, no new construction or new water, wastewater, electric power, natural gas, or telecommunications facilities will need to be constructed or relocated. Less than significant impacts are expected.

Mitigation Measures: None
b) Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal dry and multiple dry years?

Discussion:

MSWD provides water and sewer services to the communities of Desert Hot Springs, West Garnet, North Palm Springs, and various portions of unincorporated Riverside County. The District provides water service to approximately 37,600 people in their water service area. Groundwater is the primary source of domestic water supply in the Coachella Valley; the Mission Springs Water District (MSWD) provides potable water to the City by extracting groundwater from the Mission Creek Subbasin. The existing MSWD distribution system consists of three independent water distribution systems: 1) Desert Hot Springs and surrounding area system – encompasses the City of DHS, a portion of the City of Palm Springs and surrounding unincorporated area of Riverside County, 2) Palm Springs Crest System, and 3) West Palm Springs Village System.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 95
Draft Initial Study / Mitigated Negative Declaration December 2022 The 2020 Coachella Valley Regional Urban Water Management Plan (CVRUWMP) has been developed to assist the agency in reliably meeting current and future water demands. This document also serves to ensure that adequate water supplies are available to meet the existing and future urban water demands.

As shown in Table 8-1 Current and Projected Population, from the 2020 Coachella Valley RUWMP, the 2020 population for the City of DHS is 38,962. The California Department of Finance population estimate for the City in 2020 is 30,086 persons, which is below the RUWMPs estimate for 2020.

As shown in Table 8-10 Baselines and Target Summary, the District has continued to meet its per-capita water usage over multiple years. The actual water use for 2020 was 189 gpcd, which is below the Districts 2020 target use of 234.9 gpcd. It is anticipated that per-capita water usage will continue to decrease due to the implementation of plumbing code and updated landscape ordinance.

The project is a container storage or portable storage unit facility that will be developed in an existing light industrial area of the City. The project site is currently vacant and undeveloped land and therefore, is not currently using domestic water services. The project will connect to an existing water main located on Calle De Los Ramos and run 4” inch water laterals through the project site. The proposed development will be expected to follow water conservation guidelines to mitigate impacts to public water supplies.

Examples of these water conservation methods include water conserving plumbing fixtures, drought tolerant landscaping, and drip irrigation systems as well as on-site stormwater infiltration. Additional domestic water improvements necessary to serve this development will be identified by MSWD and included as conditions of approval by the City of Desert Hot Springs during the City’s standard review process. Therefore, less than significant impacts relative to water supply are expected.

Mitigation Measures: None
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 96
Draft Initial Study / Mitigated Negative Declaration December 2022 c) Result in a determination by the
wastewater treatment provider which
serves or may serve the Project that it
has adequate capacity to serve the
Project’s projected demand in addition
to the provider’s existing commitments?
Discussion:

The proposed storage facility would not result in a substantial increase to wastewater flows and the project will be required to connect to the public sewer system. Wastewater in the City is currently conveyed to MSWD Horton Wastewater Reclamation Plant. MSWD currently has 9,100 sewer connections throughout its service area and provides sewer service to approximately 26,000 people. Per the Coachella Valley Regional Urban Water Management Plan (RUWMP), the Horton Wastewater Treatment Plant (Horton WWTP), located on Verbena Drive, has a capacity of 2.3 million gallons per day (mgd) (2,800 AFY). The average daily flow metered to the Horton Plan in 2020 was 2.0 MGD.

MSWD is constructing the West Valley Wastewater Treatment Plan (WVWWTP). The WVWWTP would be located at the northwest corner of 20th Avenue and Little Morongo Road, south of the project, and is anticipated to be implemented over an extended period of 3-10 years with an ultimate buildout capacity of 20 MGD. The MSWD 2007 Sewer Master Plan estimates a 2020 sewer connection of 35,245 connections. However, per the 2019 WVWWTP DEIR, the District currently has 9,100 sewer connections, which is far below the estimated demand. Wastewater generated from the project would be conveyed to the WVWWTP. The project would have a nominal increase to wastewater and sufficient capacity would be available to serve the project. The project will extend a 12” sewer main to connect at Calle De Los Ramos and run 6” water laterals through the project site. Additionally, project plans will be reviewed by MSWD and City Staff to ensure wastewater capacity and compliance. Wastewater generated by the project site would be nominal since the facility will utilize efficient irrigation and fixtures. Sewer installation and connection fees in place at the time of development or connection would be collected by MSWD.

Therefore, less than significant impacts relative to wastewater capacity are expected.

Mitigation Measures: None
d) Generate solid waste in excess of State
or local standards, or in excess of the
capacity of local infrastructure, or otherwise
impair the attainment of solid waste
reduction goals?
Discussion:

Solid waste disposal and recycling services for the City of Desert Hot Springs are provided by Desert Valley Disposal (DVD). Solid waste and recycling collected from the project will be hauled to the Edom Hill transfer station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site. Cal-Recycle data indicates the Badlands Disposal site has 15,748,799 cubic yards of remaining capacity, the El Sobrante Landfill has a remaining capacity of 3,834,470 cubic yards of solid waste, and Lamb Canyon Disposal has a remaining solid waste capacity of 19,242,950 cubic yards. Solid waste generated by the project would consist of standard household/office waste. Unused Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 97
Draft Initial Study / Mitigated Negative Declaration December 2022 plant material will be composted and reintroduced into soil composite and not disposed of in unsecured waste receptacles.

As part of its long-range planning and management activities, the Riverside County Department of Waste Resources (RCDWR) ensures that Riverside County has a minimum of 15 years of capacity, at any time, for future landfill disposal. The 15-year projection of disposal capacity is prepared each year by as part of the annual reporting requirements for the Countywide Integrated Waste Management Plan. The most recent 15-year projection by the RCDWR indicates that no additional capacity is needed to dispose of countywide waste through 2024, with a remaining disposal capacity of 28,561,626 tons in the year 2024.

In addition, development of the project would be required to comply with mandatory commercial and multifamily recycling requirements of Assembly Bill 341. Therefore, the project will comply with all applicable solid waste statutes, policies and guidelines; and the project will be served by a landfill with sufficient capacity to serve the project. Therefore, less than significant impacts relative to solid waste are anticipated.

Mitigation Measures: None
e) Comply with federal, state, and local
management and reduction statutes
and regulations related to solid waste?

Discussion:

The project will comply with all applicable solid waste statutes and guidelines. All development is required to comply with the mandatory commercial and multi-family recycling requirements of Assembly Bill 341.

The project will also comply with the recycling requirements of Cal Green and develop a waste management plan that will include diverting at least 50% of construction and demolition material fill from landfills. In addition, the project will not involve the use or storage of hazardous materials other than small amounts of cleaning products. These materials will be stored and applied according to manufacturer’s instructions to mitigate the potential for incidental release of hazardous materials or explosive reactions.

No impacts are expected relative to applicable solid waste statues and regulations.

Mitigation Measures: None
XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Sources: Fire Hazard Severity Zones in State Responsibility Areas, CAL FIRE. a) Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
Discussion:

The approximately 4.85-acre project site is characterized by vacant, graded land with various material piles ranging from 3 to 5 feet in height. Situated north of Avenue 19 and east of Calle De Los Romos, the site is located within a primarily undeveloped context within the City of Desert Hot Springs’s Light Industrial zoning designation. According to CAL Fire’s Fire Hazard Severity Zones (FHSZ) in State Responsibility Areas (SRA) Map, the project is not located in an SRA or located in an area classified as Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 98
Draft Initial Study / Mitigated Negative Declaration December 2022 very high fire hazard severity zone (VHFHSZ). Additionally, the project property is not located in or near lands classified as high or moderate fire hazard severity zones. The closest SRA or VHFHSZ classified area is located approximately 5 miles north of the project site, bordering the City’s northern boundary.

Due to the project’s distance from SRAs and areas designated as VHFHSZs, no impacts are anticipated.

Mitigation Measures: None
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire risks,
and thereby expose project occupants
to pollute concentrations from a wildfire
or the uncontrolled spread of a wildfire?
Discussion:

See previous discussion. No impact.

Mitigation Measures: None
c) Require the installation or maintenance
of associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?
Discussion:

See previous discussion. No impact.

Mitigation Measures: None
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
Discussion:

See previous discussion. No impact.

Mitigation Measures: None
XXI. MANDATORY FINDINGS

OF SIGNIFICANCE --
Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 99
Draft Initial Study / Mitigated Negative Declaration December 2022 a) Does the project have the potential
to substantially degrade the quality of
the environment, substantially reduce
the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community,
substantially reduce the number or restrict
the range of a rare or endangered plant or
animal or eliminate important examples
of the major periods of California history
or prehistory?
Discussion:

As concluded in the Biological and Cultural Resources sections of this Initial Study, the project would result in no impacts or less than significant impacts with mitigation to these resources. The project is compatible with the City of Desert Hot Springs Zoning and its surroundings. The project will not significantly degrade the overall quality of the region’s environment, or substantially reduce the habitat if a wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California History or pre-history.

Based upon the information and mitigation measures provided within this Initial Study and independent studies prepared for Biological and Cultural Resources, approval and implementation of the project is not expected to substantially alter or degrade the quality of the environment, including biological, cultural or historical resources. Following the mitigation measures outlined in the Biological and Cultural Resource section, less than significant impacts are expected.

Mitigation Measures: See Biological and Cultural Resource Sections b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a
Project are considerable when viewed in
connection with the effects of past Projects,
the effects of other current Projects, and
the effects of probable future Projects)?
Discussion:

The project is located in an area designed for light industrial uses. The facility would be compatible with the existing and future land uses within the Light Industrial zone. Future developments in the vicinity of the project are anticipated to occur, however, developments would be consistent with the surrounding land uses, which includes light industrial facilities. Future developments in the area would be required to obtain the appropriate approvals and permits prior to development. Based upon the information and mitigation measures provided within this Initial Study, approval and implementation of the proposed facility is not expected to result in impacts that, when considered in relation to other past, current or probable future projects, would be cumulatively considerable. Less than significant impacts are expected.

Item Number: 9.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Desert Hot Springs Page 100
Draft Initial Study / Mitigated Negative Declaration December 2022 Mitigation Measures: None
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?

Discussion:

As discussed in the various sections throughout this Initial Study, the project would not include a land use that could result in substantial adverse effects on human beings. The City of Desert Hot Springs has established regulations pertaining to light industrial facilities to ensure these facilities do not conflict with the City’s General Plan, its surrounding uses, or become detrimental to the public health, safety and welfare. The City’s detailed review process of improvement plans and facility operations will ensure that the regulations are fully implemented. Based upon the findings provided in this document, and mitigation measures and standard conditions incorporated into the project, less than significant impacts are expected.

Mitigation Measures: None
Item Number: 9.

City of Desert Hot Springs Page 101
Draft Initial Study / Mitigated Negative Declaration December 2022 Sources
Analysis of the Coachella Valley PM10 Redesignation Request and Maintenance Plan, by the California Air Resources Board, February 2010
California Emissions Estimator Model (CalEEMod), Version 2040.4.0 City of Desert Hot Springs General Plan, adopted May 2020 City of Desert Hot Springs General Plan Draft EIR, 2020 City of Desert Hot Springs Municipal Code
DHS 109 Project Vehicle Miles Traveled Memorandum prepared by the Ganddini Group, November 4, 2020
Final 2003 Coachella Valley PM10 State Implementation Plan (CVSIP), by SCAQMD, August 2003
Final 2016 Air Quality Management Plan (AQMP), by SCAQMD, March 2017 Flood Insurance Rate Map (FIRM) Panel # 06065C0895G, Federal Emergency Management Agency, Effective August 28, 2008
General and Focused Biological Resource Assessment, prepared by James W. Cornett, Ecological Consultants, July 2022
Historical/Archaeological Resources Survey Report, prepared by CRM Tech, December 28, 2022 Master Drainage Plan for the Desert Hot Springs Area (DHS MDP), prepared in February of 1982 by the Riverside County Flood Control and Water Conservation District (RCFC) Mission Springs Water District 2015 Urban Water Management Plan, June 2016 Mission Springs Water District Wastewater System Comprehensive Master Plan, April 2007 Mission Springs Water District Program DEIR for the West Valley Water Reclamation Program, April 2019
Riverside County General Plan, revised December 2015.

Water Quality Control Plan for the Colorado River Basin Region, January 2019 Item Number: 9.

SR-23-102
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: City Council
Subject: Professional Services Agreement With Bob Murray and Associates RECOMMENDATION:

Take any action that the City Council deems fit related to entering into the Professional Services Agreement with Bob Murray and Associates for recruitment of a City Manager.

BACKGROUND:

The City Council is considering appointing a new City Manager for the City of Desert Hot Springs.

Accordingly, the City Council would like to hire the best City Manager it can to lead the City and implement Council vision.

DISCUSSION:

For City Council consideration is a Professional Services Agreement with Bob Murray and Associates for recruitment of a City Manager, in the amount of $27,000, plus a not to exceed amount of $7,500 for expenses.

ATTACHMENTS:

Exhibit 1 - Professional Services Agreement Bob Murray & Associates Exhibit 2 - Bob Murray & Associates Proposal
Item Number: 10.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

BOB MURRAY AND ASSOCIATES, LLC
This Professional Services Agreement (“Agreement”) is made and entered into this May 2, 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 Bob Murray and Associates, LLC., a California limited liability company, 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 City Manager recruitment services as directed by the City on an as needed basis (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” including the possibility of a townhall meeting, attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Item Number: 10.

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 terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, Twenty Seven Thousand Dollars and Zero Cents ($27,000.00) per hour, with a not to exceed amount of Seventy Five Hundred Dollars ($7,500) for expenses.

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 and a description of any reimbursable expenditures. The City shall pay Consultant pursuant to the schedule in the Scope of Services, and 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. b. The Consultant shall submit invoices under this Agreement to:

City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
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.

Item Number: 10.

Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon seven (7) days 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 Item Number: 10.

charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS

OF CONSULTANT
Item Number: 10.

a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

Item Number: 10.

(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 Item Number: 10.

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
Item Number: 10.

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 Item Number: 10.

the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and Item Number: 10.

property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis. Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
(3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or sub-consultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.

Item Number: 10.

(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers.

The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. d. Certificates of Insurance. , Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof.

Consultant agrees to monitor and review all such coverage and assumes all Item Number: 10.

responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.
h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

Section 19. NOTICES
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: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
To Consultant: Valerie Gaeta Phillips
President
Bob Murray & Associates
1544 Eureka Road, Suite #280
Roseville, CA 95661
Office: (916) 784-9080
Item Number: 10.

Cell: (916) 910-5022
Fax: (916) 784-1986
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 Item Number: 10.

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.

Item Number: 10.

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 Item Number: 10.

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. Valerie Gaeta Phillips 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. Jennifer Mizrahi, 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 Item Number: 10.

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.

Item Number: 10.

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. 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.

Item Number: 10.

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

Jennifer Mizrahi, City Attorney
_____________________________
Bob Murray & Associates
_____________________________
Gary Phillips, Executive Vice President
Item Number: 10.

EXHIBIT “A”

SCOPE OF SERVICES
Item Number: 10.

A Proposal to Conduct an Executive Recruitment
for the Position of

CITY MANAGER
on behalf of the
1544 Eureka Road, Suite 280
Roseville, CA 95661
(916) 784-9080
(916) 784-1985 fax
Item Number: 10.

March 27, 2023

CITY COUNSEL

CITY OF DESERT HOT SPRINGS
65-950 PIERSON BLVD.

DESERT HOT SPRINGS, CA 92240
Submitted Via Email: [email protected]
Dear Members of The City Council:

Bob Murray & Associates is pleased to submit a proposal to conduct the City Manager recruitment for the City of Desert Hot Springs. The following details our qualifications and describes our systematic—yet flexible—method of identifying, recruiting, and screening outstanding candidates on your behalf. It also includes a proposed budget, timeline, and guarantee.

At Bob Murray & Associates, we pride ourselves on providing quality service to local governments, non-profit agencies, and private firms by capitalizing on our decades of experience and vast network of contacts. As a minority and woman owned firm, Bob Murray & Associates’ places diversity, equity, and inclusion at the forefront of each recruitment. We recognize the importance of meeting each client’s unique recruitment needs and building a plan together to establish success. Our expertise ensures that the candidates we present to the City of Desert Hot Springs will match the criteria you have established, be a positive addition to your organization, and be outstanding in their field.

Bob Murray & Associates recognizes that we work at the pleasure of the City Council and our job is to facilitate the Council in finding the City of Desert Hot Springs’s next City Manager. Our best practice is to establish a strong partnership with the Council, to ensure the placement of a City Manager who is ideally suited to its needs. In developing this collaborative approach, we will seek the opportunity to meet with the Council individually to discuss their expectations for the City of Desert Hot Springs’s new City Manager. The feedback received from Council will be essential in providing guidance when recruiting and screening candidates for the position.

With respect to the City Manager recruitment and the City of Desert Hot Springs, Bob Murray & Associates has placed over 200 City Managers since our firm’s inception in 2000. We are currently conducting City Manager recruitments on behalf of the California cities of Auburn, Clayton, Merced, Rio Vista, San Bruno, San Marino, San Rafael, San Ramon, Ventura, and Yountville. Our extensive contacts and knowledge of outstanding candidates will ensure you have a quality group of finalists from which to select the City of Desert Hot Springs’s next City Manager.

Recent City Manager recruitments we have completed similar in size and scope to your upcoming search include the following:

Item Number: 10.

2023
Gonzales, CA
Downey, CA
Moraga, CA
Piedmont, CA
Santa Clara, CA
2022
Calistoga, CA
Monterey County, CA (County Administrative
Officer)
Livermore, CA
Placer County, CA (County Executive Officer)
Rohnert Park, CA
St. Helena, CA
Sonoma County, CA (County Administrator)
Yolo County, CA (County Administrator)
2021
Carpinteria, CA (Assistant City Manager)
Cathedral City, CA (Assistant City Manager)
Cudahy, CA
Gridley, CA
Irvine, CA
Laguna Beach, CA
Los Altos Hills, CA
Los Banos, CA
Marion, IA (Deputy City Manager)
Mt. Shasta, CA
Orinda, CA
San Carlos, CA (Assistant City Manager)
San Clemente, CA
Santa Barbara, CA (Assistant City
Administrator)
Scotts Valley, CA
Selma, CA
Sonoma, CA
South Pasadena, CA
Willits, CA
2020
Fairfield, CA (Assistant City Manager)
Healdsburg, CA
Imperial, CA
Jurupa Valley, CA (Assistant City Manager)
We work as a team on every search at Bob Murray & Associates. Your Project Lead would be Valerie Gaeta Phillips or Gary Phillips, who conducts the majority of our City Manager and Assistant City Manager recruitments. Ms. Gaeta Phillips or Mr. Phillips is highly experienced in guiding elected bodies through the decision-making process and would not only direct and supervise the project team from beginning to end but also serve as your Recruiter.

To learn first-hand of the quality of our services and why the majority of our engagements come from repeat and referred clients, we invite you to contact the references listed on page 17 of the attached proposal.

We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at (916) 784-9080 with any questions.

Sincerely,
Valerie Gaeta Phillips or Gary Phillips
President, Bob Murray & Associates
Item Number: 10.

TABLE OF CONTENTS
THE RECRUITMENT PROCESS................................................................2 STEP 1 DEVELOP THE CANDIDATE PROFILE........................................................2 Optional Service: Community and Staff Involvement.......................................................2 STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS ...................2 Reaching Diverse Candidates .........................................................................................3 STEP 3 RECRUIT CANDIDATES ................................................................................3 STEP 4 SCREEN CANDIDATES ..................................................................................4 STEP 5 CONDUCT PRELIMINARY INTERVIEWS......................................................4 STEP 6 SEARCH PUBLIC RECORDS...........................................................................4 STEP 7 MAKE RECOMMENDATIONS .......................................................................4 STEP 8 FACILITATE FINAL INTERVIEWS.................................................................5 STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS ............................5 STEP 10 ASSIST IN NEGOTIATIONS.........................................................................6 COMPLETE ADMINISTRATIVE ASSISTANCE .......................................6 COSTS AND GUARANTEE ..........................................................................7 PROFESSIONAL FEE AND EXPENSES ......................................................................7 Optional Services ...........................................................................................................7 GUARANTEE...............................................................................................................8 RECRUITMENT SCHEDULE .....................................................................8 FIRM PROFILE..............................................................................................9 REFERENCES..............................................................................................17 Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 2

THE RECRUITMENT PROCESS
Bob Murray & Associates’ recruiters are specialists in finding a positive placement, providing security and fairness to candidates and clients while ensuring the integrity of the search process.

We understand that superlative recruiting for the City Manager will lead to superlative results for the City of Desert Hot Springs. Outlined below are the steps in our proven recruitment process, refined through our 30+ years of experience in executive search.

STEP 1 DEVELOP THE CANDIDATE PROFILE
Our understanding of the City of Desert Hot Springs’s needs will be key to a successful search.

Valerie Gaeta Phillips or Gary Phillips will meet with the City Council and key stakeholders to learn as much as possible about the ideal candidate for the City Manager position. We want to become familiar with the values and culture of the organization, as well as to understand the current and future issues, challenges, and opportunities in the City of Desert Hot Springs.

Ms. Gaeta Phillips or Mr. Phillips will review and help define the City’s wish-list regarding the ideal candidate’s personality, management style, knowledge, skills, and abilities and will work with the City to identify expectations regarding education and experience. The City Council and Ms.

Gaeta Phillips or Mr. Phillips will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop together at this stage will drive subsequent recruitment efforts.

Optional Service: Community and Staff Involvement
We find that many of our clients value a recruitment process that opens the opportunity for community members, business leaders, organization representatives, and employees to provide input regarding the ideal candidate. Our recruiters are skilled in designing and facilitating forums, town hall meetings, and online surveys that allow equitable involvement from a variety of constituencies and in consolidating feedback into a cohesive narrative of common themes.

If the City of Desert Hot Springs so desires, we will work with the City Council to create a customized community and/or staff input process.

STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS
Ms. Gaeta Phillips or Mr. Phillips and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of Desert Hot Springs to create a professional recruitment brochure, with the assistance of our professional graphic designer. The four-page, full-color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures provided by the City of Desert Hot Springs that you feel best represent your organization and your community.

Upon your approval, Ms. Gaeta Phillips or Mr. Phillips will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the City Manager position. We will also place the recruitment brochure on our website, which attracts over 11,000 Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 3 unique hits weekly and is a trusted resource for candidates seeking executive and professional positions. Two sample brochures are included in this proposal package for your reference.

Ms. Gaeta Phillips or Mr. Phillips will also design an effective advertising campaign appropriate for the City Manager recruitment. Our broadest outreach comes through our active social media involvement on Facebook, LinkedIn, and Twitter, where upcoming and current positions are posted. Sources such as Western City Magazine, PublicCEO, and the Careers in Government website will be used to reach an extensive local government audience, while position-specific postings will be chosen to attract candidates who have built their careers in and are committed to the City Manager field.

Suggested City Manager-specific advertising sources for the City of Desert Hot Springs’s search include:

ICMA Newsletter
League of Women in Government
California City Management Foundation
California City News
Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions.

Reaching Diverse Candidates
Bob Murray & Associates, a woman- and minority-owned business, is proud of its commitment to attracting and placing diverse candidates. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity-focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women’s Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field.

Ms. Gaeta Phillips or Mr. Phillips will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of Desert Hot Springs, to maximize the potential for individuals from a wide variety of backgrounds, cultures, physical abilities, life experiences, and gender to be considered for the City Manager position.

STEP 3 RECRUIT CANDIDATES
The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 1,400 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over time—time that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, answer questions, and allay any reservations, and these efforts are essential to the success of the City Manager recruitment.

Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 4 STEP 4 SCREEN CANDIDATES
Following the closing date for the recruitment, Ms. Gaeta Phillips or Mr. Phillips will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Ms. Gaeta Phillips or Mr. Phillips will discuss with the City Council how the City of Desert Hot Springs wishes to proceed with these candidates.

STEP 5 CONDUCT PRELIMINARY INTERVIEWS
Ms. Gaeta Phillips or Mr. Phillips will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel-related expenses to our clients and increase efficiency in the search process, these interviews are typically conducted via Skype, FaceTime, or other convenient videoconferencing applications.

During these in-depth interviews, Ms. Gaeta Phillips or Mr. Phillips will explore each candidate’s background and experience as it relates to the City Manager position, such as significant accomplishments, size and scope of responsibility, and organizational culture. In addition, Ms.

Gaeta Phillips or Mr. Phillips will discuss with the candidates their motivation for applying for the position and assess his/her knowledge, skills, and abilities. We will devote specific attention to establishing the likelihood of the candidate’s acceptance of the position if an offer of employment is made.

STEP 6 SEARCH PUBLIC RECORDS
Under the direction of Ms. Gaeta Phillips or Mr. Phillips, your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate.

Sources include Lexis-Nexis™, Google, social media, and our contacts in the field. This will alert Ms. Gaeta Phillips or Mr. Phillips to any further detailed inquiries we may need to make before our recommendations are finalized.

STEP 7 MAKE RECOMMENDATIONS
Based on our findings during the preliminary interview process, Ms. Gaeta Phillips or Mr. Phillips will recommend a limited number of candidates for your further consideration. They will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of those to be considered will be up to you.

We typically recommend 6-8 candidates that we feel will best match your expectations, and we prepare a detailed written report on each candidate. This bound report provided to each member of the decision-making body includes:

Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience, education, and salary information for each Recommended Finalist candidate
Complete cover letter and resume for each Recommended Finalist candidate Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 5 List of Other Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process)
Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications.

STEP 8 FACILITATE FINAL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will work with the City of Desert Hot Springs to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the City Council and key stakeholders, community/employee interview panels, writing and presentation samples, meet-and-greets, or another specialized process element Ms. Gaeta Phillips or Mr. Phillips helps the City of Desert Hot Springs to design.

Ms. Gaeta Phillips or Mr. Phillips will be present on-site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates.

Bound interview books will be provided to each interview panel member containing:

Recruitment brochure with candidate profile
Interview schedule
Suggested interview questions
Experience summary, cover letter, resume, and rating form for each candidate
Ranking forms for use during the panel interview process We will work closely with your staff to coordinate and schedule interviews and candidate travel.

Our goal is to ensure that each candidate has a very positive experience, as the way the entire process is conducted will influence the final candidates’ perception of your organization.

STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS
Ms. Gaeta Phillips or Mr. Phillips and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates. To gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. In addition to gaining a 360-degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate’s abilities but who may not be on their preferred list of contacts.

Your Recruitment Coordinator will work with candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates’ degrees.

Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 6 STEP 10 ASSIST IN NEGOTIATIONS
We recognize the critical importance of successful negotiations and can serve as your representative during this process. Ms. Gaeta Phillips or Mr. Phillips knows what other organizations have done to put deals together with great candidates and what the current market is like for City Manager positions in organizations like the City of Desert Hot Springs’s. They will be available to advise you regarding current approaches to difficult issues, such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate. With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved.

COMPLETE ADMINISTRATIVE ASSISTANCE
We receive many unsolicited testimonials each year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of Desert Hot Springs, we will provide you with updates on the status of the search and attend to all administrative details on your behalf.

Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each critical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from Ms. Gaeta Phillips or Mr. Phillips on behalf of the City of Desert Hot Springs.

It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly within 24 hours if the inquiry is received during the work week. Ms. Gaeta Phillips or Mr. Phillips will be available to the City of Desert Hot Springs by office phone, cell phone, and email at any time to ensure a smooth and stress-free recruitment process.

Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 7

COSTS AND GUARANTEE

PROFESSIONAL FEE AND EXPENSES
The fixed, flat professional services fee for conducting the City Manager recruitment on behalf of the City of Desert Hot Springs is $27,000. Services provided for in this fee consist of all steps outlined in this proposal, including three (3) meetings on site. The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project. In fact, our mission for this project is to ensure we assist in identifying the right candidate for the City of Desert Hot Springs. Therefore, Ms. Gaeta Phillips or Mr. Phillips will contact the City at the first anniversary of the placement to confirm an effective transition has occurred.

The City of Desert Hot Springs will also be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project not to exceed $7,000.

Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. In no instance will expenses exceed this estimate without prior approval from the City of Desert Hot Springs.

Expense reimbursement for candidate travel related to on-site interviews will be the responsibility of the City of Desert Hot Springs.

Optional Services
Community/Staff Input Forum: $1,500/day, plus travel expenses Online survey: $250
Additional on-site meeting days: $1,500/day, plus travel expenses Additional background checks: $250/candidate
Additional reference checks: $500/candidate
Other services: $250/hour or $1,500/day
Professional Fees and Reimbursable Expenses
Professional Services (Fixed Flat Fee) $27,000
Reimbursable Expenses
Example costs and approximate amounts include:

Brochure Design and Printing ($1,275)
Advertising ($3,000)
Background Checks – 3 candidates ($550)
Consultant Travel ($2,100)
Other expenses – supplies, shipping, clerical ($575)
$7,500
Not-to-Exceed Total $34,500
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Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 8

GUARANTEE
Should a candidate recommended by our firm position resign or be terminated within the first 12 months of employment, we will provide the City of Desert Hot Springs with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the City of Desert Hot Springs’s behalf during the new search. We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision of our proposal.

RECRUITMENT SCHEDULE
We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13-16 weeks from the date of initial meetings with our client.

The final recruitment schedule will be determined in collaboration with City of Desert Hot Springs. A typical timeline of tasks and events is included here for reference.

Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 9

FIRM PROFILE

OUR STAFF
Bob Murray & Associates is a small firm focusing exclusively on executive search services. We have a team of fourteen (14):

Bob Murray, Founder
Valerie Gaeta Phillips, President
Gary Phillips, Executive Vice President
Joel Bryden, Vice President
Yasmin Beers, Senior Executive Recruiter
Adele Fresé, Senior Executive Recruiter
Bryan Hill, Senior Executive Recruiter
Stacy Stevenson, Senior Executive Recruiter
Deanna Cantrell, Executive Recruiter
Alexandria Kopack, Recruitment and Operations Manager
Kathy Lolas, Senior Recruitment Coordinator
Stephanie Marshall, Recruitment Coordinator
Stacy Conley, Recruitment Coordinator
Gini Herndon, Contracts Administrator/Bookkeeper

BOB MURRAY, FOUNDER
Mr. Murray—known simply as “Bob” to his clients and candidates throughout the western U.S.— brings over 40 years’ experience as a recruiter and is recognized as one of the top local government recruiters in the nation. He conducted hundreds of searches for cities, counties, and special districts and was called on to conduct searches for some of the largest, most complex organizations in the country—and some of the smallest. Bob conducted searches for chief executives, department heads, professional and technical positions, taking the lead on many of the firm’s most difficult assignments with great success. His clients retained him again and again, given the quality of his work and success in finding candidates for difficult to fill positions.

As our Founder, Bob currently takes on few searches personally but continues to be an active presence at Bob Murray & Associates, providing valued insight and experience to our team members regarding all aspects of the recruitment process.

Mr. Murray received his Bachelor of Science Degree in Criminology from the University of California at Berkeley with graduate studies in Public Administration at California State University at Hayward.

VALERIE GAETA PHILLIPS, PRESIDENT AND RECRUITER
Ms. Gaeta Phillips has over 18 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies nationwide. Since joining Bob Murray & Associates, Valerie has completed over 160 searches in a diverse range of fields, including city and general management, planning, finance, human resources, transportation, Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 10 communication and public relations, community and economic development, information technology, parks and recreation, and operations. She has recruited at all levels of municipal and non-profit organizations, from technicians and engineers to Executive Directors and Chief Executive Officers.

Valerie is valued for her passion for finding and retaining the most outstanding candidates for even the most difficult or untraditional assignments and for her commitment to her clients’ success; she is also active in a variety of industry organizations and in diversity-focused associations. Valerie is called upon often to serve as an expert speaker on topics such as managing one’s online reputation, diversity issues in municipal and non-profit leadership, and how to identify a positive placement for the organizational culture.

Ms. Gaeta Phillips, along with Executive Vice President Gary Phillips, has a passion for helping people, evidenced by fundraising, sponsorship, and involvement in raising awareness for organizations such as Autism Speaks, the UC Davis M.I.N.D. Institute, and the Northern California Special Olympics.

GARY PHILLIPS, EXECUTIVE VICE PRESIDENT AND RECRUITER
Since joining Bob Murray & Associates, Mr. Phillips has completed over 125 searches for executives and professionals in a wide variety of fields including animal services, city and general management, planning, legal counsel, cyber security, and human resources. Gary’s clients have ranged from municipal government to non-profit and private sector organizations, and he has sourced outstanding candidates for positions from the level of division managers up to City Managers, Executive Directors, and General Managers.

Gary started his career with a New York-based Fortune 100 company and quickly became a Senior Manager, building and running a large customer service organization that eventually expanded to 13 countries in Europe. He proceeded to hold senior leadership positions in several Fortune 500 companies, with noted successes such as building an organization from two to 250 employees worldwide and growing a company from 800 to 1200 employees.

As part of an executive acquisition and recruiting team, Gary helped build a start-up enterprise software company in San Francisco, recruiting top-notch talent and building a world-class organization. He has maintained customer relationships in the public sector and the private sector, including medical and financial institutions. He prides himself on finding key talent and offering the best customer service to his clients.

Mr. Phillips, along with Ms. Gaeta-Phillips, is involved in his community as a soccer coach, as an organizer of fundraisers for Autism Speaks and the UC Davis M.I.N.D. Institute, and as a sponsor of the Northern California Special Olympics. Mr. Phillips received his Associate of Science degree and completed additional coursework at Rochester Institute of Technology, NY.

JOEL BRYDEN, VICE PRESIDENT AND RECRUITER
Mr. Bryden has over 30 years of local government experience that he brings to the firm, having retired as Chief of Police in Walnut Creek, CA prior to joining Bob Murray & Associates in 2013.

Throughout his career, Joel has been involved in public sector consulting, with vast experience in Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 11 hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government.

Joel has a solid reputation as a leader in the public sector and his ability to find and evaluate outstanding applicants for our clients is invaluable in the search process. Since joining Bob Murray & Associates, Joel has conducted over 100 recruitments in a broad range of sectors including police, fire, building, planning, city management, and general management. He is often called upon to recruit specialized or difficult-to-fill positions, such as Independent Police Auditor.

Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Communication from San Diego State University. He is currently based in Walnut Creek, CA.

YASMIN BEERS, SENIOR EXECUTIVE RECRUITER
Yasmin Beers brings over 33 years of municipal government experience to Bob Murray and Associates. Yasmin retired as the City Manager for Glendale with a population of over 200,000.

She served as Chief Executive Officer overseeing close to 2,000 employees serving in Police, Fire, Public Works, Parks, Community Development, Library Arts & Culture, Innovation Performance & Audit, and Water & Power to name a few.

Yasmin’s three decades of experience in public service brings extensive background in public sector finance, human resources management, contract negotiations, strategic planning & organizational leadership, policy development, emergency response & planning, team building and performance improvement. Throughout her career, Yasmin has had a great deal of experience in recruiting, selecting and hiring employees for executive and management level positions with a focus on the organizational needs and culture.

Yasmin currently serves on the Glendale Adventist Medical Center’s Civic Advisory Board and the Advisory Board for Village Christian School. Yasmin is a past member of Soroptimist International of Glendale where she served as President in 1999/2000. She is a past board member of Glendale Healthy Kids, Salvation Army and the American Red Cross. In 2011 the Glendale Chamber of Commerce recognized Yasmin as Woman of the Year; in 2013 she was the recipient of The Armenian American Woman of Excellence Award; in 2014 Yasmin was recognized by the Glendale Educational Foundation for her distinguished service and philanthropic efforts; in 2015, YWCA awarded Yasmin with the Heart & Excellence Award; in 2017, she was recognized by Business Life Magazine as a Women Achiever; and in 2018 the California State Senate recognized Yasmin as one of the Woman of the Year, each a tribute to her core values that represent her civic responsibilities, volunteerism and community service.

Yasmin has a Bachelor of Arts degree in Political Science from California State University, Northridge and a Master’s degree in Organizational Leadership from Woodbury University.

ADELE FRESÉ, SENIOR EXECUTIVE RECRUITER
Adele Fresé brings 27 years of local government experience to Bob Murray & Associates, having retired as Chief of Police in Salinas, CA prior to joining the firm in 2021. Adele began her public service career in 1985 as an active-duty member of the United States Marine Corps before serving the City of Corpus Christi for 20 years.

Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 12 Adele has extensive experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government.

During her 7 years as a Chief of Police, Adele exercised strong leadership and implemented monumental changes leading to the diversification of her agency’s sworn staff. Adele’s commitment to collaboration with the public and law enforcement agencies earned her the Partner of the Year Award from Homeland Security Investigations, and her Department the Community Policing Award from the Community Policing Institute of California.

Adele received her Bachelor of Science degree in Criminal Justice Administration from California State University at Hayward, and a minor degree in Sociology. She earned a Master of Science in Public Safety, completed the Senior Executives in State and Local Government program at the Harvard Kennedy School, and PERF’s Senior Management Institute for Police. She is a Texas Certified Public Manager.

BRYAN HILL, SENIOR EXECUTIVE RECRUITER
Chief Bryan Hill (ret.) spent over 30 years serving as a public safety leader in the San Francisco Bay Area. During his career, he worked for three appreciably different East Bay cities and developed and led several regional programs providing him a broad perspective of local government. Much of Bryan’s career was spent working in a wide variety of leadership and executive level roles. As a police chief and city department head he was known for a progressive and principled leadership approach.

Throughout his career, Bryan emphasized community engagement. As a municipal government executive, he was dedicated to establishing lasting community partnerships, building strong teams, and continues to participate in leadership development.

Bryan received the California Police Officer’s Association Award of Distinction for his efforts in developing regional partnerships that increased efficiencies, professionalism and service to the community. Bryan received his Bachelor of Arts degree in Social Science from California State University, Sacramento and he earned a Master of Science in Organizational Leadership. He is a graduate of the FBI National Academy and holds a California POST Executive Certificate.

STACEY STEVENSON, SENIOR EXECUTIVE RECRUITER
In Ms. Stevenson’s 32 years of service in municipal government, she worked for the California cities of San Diego, National City, and Murrieta. Ms. Stevenson began her professional career in City of San Diego as a Personnel Analyst and went on to work in the Personnel, Metropolitan Wastewater, Engineering, and Contracting departments; as well as the City Manager’s office, progressing from Analyst to Deputy Director. She also assumed special projects such as the creation and opening of the City’s neighborhood service centers and Liaison to the City Council.

From San Diego she joined the City of National City where she served as the Director of Human Resources, the Director of Administrative Services, and Deputy City Manager. She oversaw Community Services, Finance, Human Resources, and Information Technology; and managed special projects such as the balloting and passage of the City’s local sales tax and the implementation of a new payroll module.

Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 13 In the City of Murrieta, Ms. Stevenson served as Administrative Services Director and Deputy City Manager, again overseeing Community Services, Finance, Human Resources and Information Technology and managing special projects. Ms. Stevenson has also served as a commissioner on both the Child Care and Civil Service Commissions for the City of Chula Vista.

Ms. Stevenson holds a Bachelor’s degree in Industrial Organizational Psychology as well as a Master of Business Administration degree with an emphasis in Human Resource Management.

DEANNA CANTRELL, EXECUTIVE RECRUITER
Deanna Cantrell brings 28 years of municipal government passion and experience to Bob Murray & Associates as an executive recruiter. Deanna is recognized as a prominent driver of public safety leadership, innovative and evidence-based problem solving, advancing trust and community building, and developing leaders. She has a proven record for exceptional communication, talented public speaking, forward thinking policing, strategic planning, staff development, mentoring, and coaching.

Deanna was the Chief of Police for the City of Fairfield, California for over two years. Prior to that, Deanna served almost five years as the Chief of Police in San Luis Obispo (SLO) California, and over 21 years with the Mesa, Arizona Police Department where she moved through the ranks from Officer to Assistant Chief.

Deanna has built a deep-rooted history of building trust with the community, improving employee health and wellness, and advancing meaningful police transformation. Deanna has developed numerous testing processes, has assisted in over 20 executive recruitments, and is gifted in mentoring, coaching and recognizing and developing talent. She served for four years as the Co-Chair for the California Women Leaders in Law Enforcement (WLLE) and is the WLLE Foundation Board President, also chairing the mentoring committee. Deanna served for six years on the California Police Chiefs Association Board. She is currently an Executive Fellow for the National Policing Institute and is on the Board for Police2Peace. In 2018 Deanna was selected as the 24th District, California Congressional Woman of the year, and in 2022, Women Leaders in Law Enforcement established the Deanna Cantrell Exceptional Leadership award.

Deanna holds a Bachelor of Science in Education and a Master of Administration from Northern Arizona University. She has an Executive Development Certificate from CA POST, teaches Advancing Ethical Leadership for CA POST through Cal State Long Beach, and is a graduate of Northwestern University Police Staff and Command School where she is also an adjunct faculty member, teaching policy, executive image, strategic planning, internal conflict.

Deanna enjoys the arts, playing the guitar, golfing, and growing future leaders.

ALEXANDRIA KOPACK, RECRUITMENT AND OPERATIONS MANAGER
Alex is the Recruitment & Operations Manager with Bob Murray & Associates, and partners closely with each executive recruiter to support both clients and candidates through the entire recruitment process. Alex offers support to the recruitment coordinators by ensuring each employee has the tools necessary for success within the firm. She also posts available positions to Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 14 job boards, schedules interviews, conducts background checks on candidates, and creates marketing materials for each search.

Alex graduated with a bachelor’s degree in Business Administration from Boise State University.

She has several years of experience in many different office settings and is eager to assist in the hiring process.

In her spare time, Alex enjoys spending time with her husband, family, and poodle (Theo), as well as playing tennis whenever weather allows.

KATHY LOLAS, SENIOR RECRUITMENT COORDINATOR
Kathy recently joined the Bob Murray & Associates team after eight years of retirement. She is serving as a Recruitment Coordinator and brings over 30 years of experience from the residential real estate, state government, and life coaching industries. As a Recruitment Coordinator, Kathy partners closely with executive recruiters to provide support to candidates and clients throughout the recruitment process. She assists with scheduling, conducting background checks, creating marketing materials, and posting advertisements for open recruitments.

Kathy returned to graduate school in 2015, earned her Master’s degree and launched a private lifecoaching practice. She is known for her outgoing personality, attention to detail and collaborative approach to successfully completing executive recruitments. In her free time, Kathy enjoys playing jazz piano, travel, boating, and playing with her poodle, “Rocky”.

STEPHANIE MARSHALL, RECRUITMENT COORDINATOR
Stephanie serves as a Recruitment Coordinator with Bob Murray & Associates, partnering closely with executive recruiters to support clients and candidates through the recruitment process. She assists with scheduling interviews, creating marketing materials, posting advertisements, and conducting background checks, as well as many other administrative tasks that contribute to the success of each recruitment.

Stephanie graduated with a Bachelor’s degree in Anthropology and earned a Paralegal certification from the University of California, Davis. She’s worked in various offices before her time at Bob Murray & Associates and is excited to assist in the hiring process.

During her free time, Stephanie enjoys spending time with family, reading high fantasy novels, and being out on the water.

STACY CONLEY, RECRUITMENT COORDINATOR
Stacy serves as a Recruitment Coordinator with Bob Murray & Associates, working with executive recruiters to support candidates and clients through the recruitment process. She assists with creating marketing materials, posting advertisements, conducting background checks, and scheduling interviews along with many other administrative tasks that contribute to the success of the firm.

Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 15 Stacy graduated from Heald Business College with an Associate’s Degree in Office Administration, and brings prior experience to Bob Murray & Associates as a Recruiting Coordinator and Executive Assistant. She’s worked in many administrative roles prior to joining the firm and is eager to assist in the hiring process. In her free time, Stacy enjoys hiking, spending time with family, and training her Rottweiler-Husky mix “Reign”.

GINI HERNDON, CONTRACTS ADMINISTRATOR/BOOKKEEPER
Ms. Gini Herndon is the Contracts Administrator/Bookkeeper at Bob Murray & Associates. Ms.

Herndon is the first point of contact at Bob Murray & Associates and has an extensive administrative background in business law.

Ms. Herndon is known for her collaborative approach as she works closely with our internal team and clients to ensure a successful search. As a first point of contact, Ms. Herndon is highly professional and maintains a high level of confidentiality and sensitivity.

Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 16

CORPORATION
Bob Murray & Associates was founded in May 2000 and operated under the corporation name MBN Services, Inc. until June 2014; our new corporation name is GVP Ventures, Inc., incorporated in California in 2014. Contact information for the corporation and the firm is as follows:

GVP Ventures, Inc. OR Bob Murray & Associates
1544 Eureka Road, Ste. 280
Roseville, CA 95661
(916) 784-9080
[email protected]
Our corporation and firm are financially sound (and have been so since 2000), with documentation from our accountant available to your organization prior to final execution of a professional service agreement. We have never been involved in any litigation, aside from our personnel serving as expert witnesses when called to do so.

PROFESSIONAL ASSOCIATIONS
Our firm, represented by either our President or our Executive Vice President, are involved in the following organizations to remain engaged with current and future issues relevant to the work we conduct on behalf of clients like City of Desert Hot Springs:

California Special Districts Association – Member
California City Management Foundation (CCMF) – Member
International City/County Management Association (ICMA) – Member League of California Cities – League Partner
League of Women in Government – Sponsor/Member
Municipal Management Association of Northern California (MMANC) –Sponsor/Member Municipal Management Association of Southern California (MMASC) –Sponsor/Member National Forum for Black Public Administrators (NFBPA) – Committee member for Marketing and Branding
Members of our leadership team not only attend events sponsored by these associations but are also frequently called upon to serve as panel members and to provide specialized lectures regarding industry-specific issues.

Recent and upcoming speaking engagements and trainings provided by our staff include:
“Role of the Chief” class, presented by Joel Bryden on behalf of the California Police Chiefs Association
Organization of Latino Affairs invited speaker, Valerie Phillips for Hispanic Heritage Month; and
“The Next Step on Your Career Ladder: A Rung Up or a Missed Step? What City Managers are Seeking to Create a Dream Team,” Bob Murray & Associates is a leading participant on the MMANC 2019 Conference Panel
Item Number: 10.

Bob Murray & Associates Proposal for the City of Desert Hot Springs Page 17

REFERENCES
Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has recently conducted similar searches are listed below:

CLIENT: City of Downey, CA
POSITION: City Manager
REFERENCE: Mr. James McQueen, Director of Human Resources (562) 904-7292
Mayor Claudia Frometa
(562) 869-7331
CLIENT: City of Irvine, CA
POSITION: City Manager
REFERENCE: Mr. Jimmee Medina, Director of Human Resources & Innovation (949) 724-6278
CLIENT: City of Laguna Beach, CA
POSITION: City Manager
REFERENCE: Mrs. Shohreh Dupuis, City Manager
(949) 497-0704
Mr. Bob Whalen, Mayor
(949) 637-8135
CLIENT: City of Rohnert Park, CA
POSITION: City Manager
REFERENCE: Ms. Michelle Kenyon, City Attorney
(510) 388-4669
We appreciate the City of Desert Hot Springs’s consideration of our proposal and look forward to working with you.

Item Number: 10.

SR-23-096
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution of Intention for Placing Desert Valley Disposal Annual Billings for Services of Residential Properties on the County Tax Rolls, Fiscal Year 2023- 24 RECOMMENDATION:
1) Adopt a Resolution of the City Council Declaring the Intention to Levy Annual Billing for Desert Valley Disposal Inc., Solid Waste Refuse Services for Residential Properties on the County Tax Roll for the Fiscal Year 2023-24;
2) Approving the Attachment F Rate Schedule for July 1, 2023, Rate Year; and 3) Setting a Time and Place for the Public Hearing.

BACKGROUND:

Desert Valley Disposal, Inc. (“DVD”) is the current solid waste refuse services provider for the City’s residents and businesses through the franchise agreement approved on March 18, 2014. The new franchise agreement between the City and DVD has a term effective July 1, 2014, through June 30, 2029.

Pursuant to the franchise agreement, the direct residential billing for solid waste refuse services has been converted from DVD to billing by the City as a levy on the County property tax bill. This amount is in addition to the delinquent billings the City has been levying for the last few years.

In accordance with the Health and Safety Code Section 5470, et seq. the City Council needs to declare its intention to levy assessments for the solid waste refuse services and conduct a Public Hearing. The Public Hearing will be scheduled for June 6, 2023, to consider placement of solid waste refuse billings for residential properties on the tax roll. A notice of public hearing will be published in accordance with applicable laws, which will provide an opportunity for the public to address the City Council prior to consideration of the assessment.

DISCUSSION:

The City has agreed to place solid waste refuse billings for residential properties on the County Tax Roll on behalf of DVD as allowed pursuant to the provisions of Section 5470, et seq. of the Health and Safety Code, and Sections 41900 et seq. of the Public Resources Code. The billing, policies, and procedures of DVD are established by the waste disposal agreement between the City of Desert Hot Springs and DVD as further detailed by Resolution 2014-008.

Item Number: 11.

SR-23-096
As provided in the City of Desert Hot Springs Municipal Code Section 8.04.040, authorizing placement of waste disposal accounts on the tax rolls, the charges shall constitute an assessment on affected properties. Adoption of the resolution will enable the County Auditor-Controller to collect these charges in conjunction with property taxes. An updated listing was provided to the City by DVD on or before May 2, 2023, which will reflect the Assessor’s Parcel Numbers, site addresses, and other information required by the City.

FISCAL IMPACT:

All costs for the placement of annual solid waste refuse service billings on the County tax rolls will be absorbed by DVD. The estimated levy and related financial details will be presented at a Public Hearing on June 6, 2023. Currently, the levy is estimated at 7,765 accounts at $494.06 each with a total of $3,836,350.45 for Fiscal Year 2023-24.

ATTACHMENTS:

Exhibit 1 - Resolution of Intention for 2023 Annual Billings Exhibit 2 - DVD Rate Adjustment Notice
Exhibit 3 - FY'23-'24 SW Levy Annual Report
Exhibit 4 - DHS Residential List
Item Number: 11.

Resolution No. 2023-______
Date Adopted: May 2, 2023

RESOLUTION NO. 2023-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF

CALIFORNIA, DECLARING THE INTENTION TO LEVY FOR
ANNUAL BILLINGS FOR DESERT VALLEY DISPOSAL INC.

SOLID WASTE REFUSE SERVICES OF RESIDENTIAL
PROPERTIES FOR FISCAL YEAR 2023-24, AND SETTING A

TIME AND PLACE FOR THE PUBLIC HEARING
WHEREAS, the City Council of the City of Desert Hot Springs (the "City Council"), California, has by previous Resolution established the procedures for billing residential customers for solid waste refuse services provided by Desert Valley Disposal, Inc., and pursuant to the provisions of Section 5470, et seq., of the Health and Safety Code of the State of California, and Sections 41900 et seq. of the Public Resources Code of the State of California, have ordered an Annual Report (the "Report") that provides for the levy and collection of residential properties receiving solid waste refuse services on the County of Riverside property tax bill; and,
WHEREAS, the billing, policies, and procedures of Desert Valley Disposal, Inc. are established by the waste disposal agreement between the City of Desert Hot Springs and Desert Valley Disposal, Inc. ("DVD") as further detailed by Resolution No. 2010-040; and WHEREAS, DVD has prepared the Report and said Report has been filed with the City Council; and,
WHEREAS, the Health and Safety Code Section 5470, et seq., and the Public Resources Code Sections 41900 et seq. provides procedures for a waste disposal charge to be collected on the tax rolls in the same manner, by the same person, and at the same time, together with, and not separately from, its general taxes; and;
WHEREAS, the Desert Hot Springs Municipal Code Section 8.04.040 authorizes placing waste disposal accounts on the tax rolls.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:

Section 1. That the above recitals are all true and correct Section 2. Intention: The City of Desert Hot Springs hereby declares that it is its intention to have the Fiscal Year 2023-24 solid waste refuse services for residential customers collected on the tax rolls in the same manner, by the same person, and at the same time, together with, and not separately from, its general taxes.

Section 3. Public Interest: That the City Council hereby finds the collection of the solid waste refuse service charges, together with the general taxes, is in the best interest of the users of the City of Desert Hot Springs.

Section 4. Annual Report: The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.

Section 5. Special Assessment: That the cost of solid waste refuse service charges for each parcel of land shall constitute a special assessment against that parcel of land in accordance with the Item Number: 11.

Resolution No. 2023-______
Date Adopted: May 2, 2023

provisions of the Government Code of the State of California, and pursuant to Section 8.04.040 of the Desert Hot Springs Municipal Code.

Section 6. Public Hearing(s): The City Council herby declares its intention to conduct a Public Hearing concerning the levy of assessments for the solid waste refuse services in accordance with the Health and Safety Code Section 5470, et seq.

Section 7. Notice: The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices.

Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 8. Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 6, 2023, at 6:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 11-999 Palm Drive, Desert Hot Springs, California.

Section 9. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 11.

Resolution No. 2023-______
Date Adopted: May 2, 2023

PASSED AND ADOPTED by the City Council of the City Desert Hot Springs at a regular meeting held on this second day of May 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 11.

Resolution No. 2023-______
Date Adopted: May 2, 2023

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on May 2, 2023, of which meeting all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 11-999 Palm Drive, Desert Hot Springs, 92240, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

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

Dated: May 2, 2023
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 11.

4690 East Mesquite Avenue, Palm Springs, CA 92262 | 760-327-1351 | desertvalleydisposal.com March 23, 2023
Mr. Daniel Porras
Assistant City Manager
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, California 92240
Via Electronic Mail
[email protected]
RE: 2023 RATE ADJUSTMENT NOTICE
Dear Mr. Porras:

This is our 2023 Rate Adjustment Notice to increase maximum rates for solid waste services for the 2023 Rate Year, July 1, 2023 through June 30, 2024. An adjustment to the cost to perform the Debris Abatement Program is also included in this Notice.

Our Franchise Agreement specifies the maximum rates that we are authorized to charge for solid waste services and provides for adjustments.

The proposed Rate Schedule effective July 1, 2023 is enclosed as ATTACHMENT 1.

Prop. 218 Notice
On April 22, 2022, a ‘Notice of Public Hearing Regarding Proposed Increases to Solid Waste Fees’ was mailed to all owners of improved properties and all DVD customers (ATTACHMENT 2). In addition to describing the cost of services, the Notice also described the formula for future rate adjustments for the years 2023 through 2026 as provided for by Prop. 218.

On June 7, 2022, the City Council held a public hearing, made a finding that a majority protest had not been received, and approved a revised rate schedule effective July 1, 2022. The cost of a proposed new weekly curbside bulky item collection service for residential and commercial customers that had been included in the rates was excluded. Further, the cost of a new Statemandated organic waste recycling services was authorized but reduced by one-half to reflect the actual implementation date of January 1, 2023 (6-months of the 12-month rate year).

Item Number: 11.

Mr. Daniel Porras March 23, 2023
Re: 2023 RATE ADJUSTMENT NOTICE

Desert Valley Disposal, Inc.

Rate Adjustment Formula
As described in the 2022 Public Notice, the rate adjustment formula computes the change in rates for Residential, Commercial, and Roll-Off services separately, by applying (1) the change in the Consumer Price Index to the Service Component of the rates, and (2) the change in the Material Cost Index to the Material Cost Component of the rates.

Components
Table 1 is a representation of the relative weights of the two rate components mentioned above for each service sector:

Table 1
Relative Weight of Components by Sector
Service Sector Service
Component
Material
Component Total
Residential .741 .259 1.00
Commercial .870 .130 1.00
Roll-Off 1.00 n/a 1.00
Table 1 Notes:
(1) Roll-Off tip fees vary by the type and amount of material and are billed at the time service is rendered.

Change in Consumer Price Index
The change in the Consumer Price Index is as computed as the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Riverside-San Bernardino-Ontario Area (Table 2).

Table 2
Formula Change in CPI-U
Description Metric
January 2022 118.963
January 2023 127.683
Change +8.72
% change +7.33%
Source: US Bureau of Labor Statistics
The Service Components of Residential, Commercial, and Roll-Off services are each to be adjusted by +7.33%.

The source document is provided as ATTACHMENT 3.

Item Number: 11.

Mr. Daniel Porras March 23, 2023
Re: 2023 RATE ADJUSTMENT NOTICE

Desert Valley Disposal, Inc.

Change in Material Cost Index
The change in the Material Cost Index is computed as the change in Material Costs for the prior year (2022) from the previous year (2021), a lag of one year. The formula computations for Residential and Commercial services are shown in Tables 3 and 4 respectively. Note, Material Costs for Roll-Off services are billed based upon the tip fee in effect at the time service is rendered.

Table 3
Formula Change in Residential
Material Cost Index
Description Metric (1)
2021 $57.13
2022 $57.87
Change +0.74
% change +1.31%
Table 3 Notes: (1) From ATTACHMENT 4.

Table 4
Formula Change in Commercial
Material Cost Index
Description Metric (1)
2021 $53.78
2022 $56.60
Change +2.82
% change +5.24%
Table 3 Notes: (1) From ATTACHMENT 4.

The Material Cost Components of Residential and Commercial services are to be adjusted by +1.31% and +5.24%, respectively.

The source documents for computing the changes in the Material Cost Indexes are provided as ATTACHMENT 4.

Table 5 on the following page reflects the 2021 and 2022 tip fees for the various facilities and solid waste materials and is provided for reference purposes only. As described in the 2022 Public Notice, these tip fees are charged to Roll-Off customers based on the weight and type of material at the time service is performed.

Item Number: 11.

Mr. Daniel Porras March 23, 2023
Re: 2023 RATE ADJUSTMENT NOTICE

Desert Valley Disposal, Inc.

Table 5
Comparative Roll-Off Tip Fees for Select Solid Waste Materials (Provided for reference purposes only)
Facility / Solid Waste Material 2021 2022
Edom Hill Transfer Station / Disposed Waste $51.49 $55.75 Edom Hill Transfer Station / Recycling $91.64 $70.00
Edom Hill Transfer Station / Green Waste $56.01 $60.82
Coachella Valley Compost / Organic Waste $75.00 $85.00
Desert Recycling Construction & Demolition
Waste:

Concrete, asphalt
Dry wall
Mixed C&D
Sod/dirt
$16.00
$60.00
$95.00
$35.00
$16.00
$60.00
$125.00
$35.00
2023 Rate Adjustments
Table 6 applies the changes in the CPI Index (from Table 2) and Material Cost Index (from Tables 3 & 4) to the respective components to produce the proportionately weighted rate adjustment (using the relative weighting from Table 1):
• Rates for Residential services will increase by 5.77%; • Rates for Commercial services will increase by 7.06%; and, • Rates for Roll-Off Services:
o Service component will increase by 7.33%; and,
o Material component is billed based on the tip fees in effect at the receiving facility.

Table 6
Formula Rate Adjustments
Description Weight Index Change Weighted
Change
Residential Services
Service component change
Material component change
Total adjustment
.741
.259

1.000

7.33%

1.31%

5.43%

0.34%

5.77%
Commercial Services
Service component change
Material component change
Total adjustment
.870
.130

1.000

7.33%

5.24%

6.38%

0.68%

7.06%
Roll-Off Services
Service component change
Material component change

1.00 n/a

7.33%
Market rate

7.33%
Market rate
Item Number: 11.

Mr. Daniel Porras March 23, 2023
Re: 2023 RATE ADJUSTMENT NOTICE

Desert Valley Disposal, Inc.

Table 7 displays the change in rates over time for core services.

Table 7
Rates for Core Services
Residential Single Family Cart Service
2021 monthly rate
2022 monthly rate:

Approved rate (1)
Applied rate (2)
2023 monthly rate (3)
$28.73
$38.85
$34.55
$41.09
Residential Multi-Family Cart Service
2021 monthly rate
2022 monthly rate:

Approved rate (1)
Applied rate (2)
2023 monthly rate (3)
$28.70
$38.82
$34.52
$41.06
Commercial Bin Service, 3-CY, 1xWeek
2021 monthly rate
2022 monthly rate
2023 monthly rate (3)
$252.23
$276.37
$295.88
Table 6 Notes:
(1) Approved rates effective 7/1/22.
(2) Applied rate removed the SB 1383 cost $8.60/mo. for 6 months to reflect January 2023 start-up of the residential organic waste recycling program. (3) Computed as:

Single Family $38.85 + 5.77%; Multi-Family $38.82 + 5.77%; Bin $276.37 + 7.06%.

Debris Abatement Program
Under a separate letter agreement, DVD currently operates a Debris Abatement Program for the City on a year-to-year basis at a current cost of $17,242.92 per month.

Effective July 1, 2023, the monthly cost of the Debris Abatement Program will increase by 7.33% to $18,506.82.

Continued on next page
Item Number: 11.

Mr. Daniel Porras March 23, 2023
Re: 2023 RATE ADJUSTMENT NOTICE

Desert Valley Disposal, Inc.

A bilingual notice of the rate change will be mailed to customers and property owners not less than 30-days before the July 1, 2023, effective date of the rate increase.

We are available to respond to questions and provide additional information as needed.

Respectfully submitted,
Chris Cunningham
President
Attachments:

1. Proposed Rate Schedule effective July 1, 2023

2. Notice of Public Hearing Regarding Proposed Increases to Solid Waste Fees, April 22, 2022

3. Change to Consumer Price Index

4. Change to Material Cost Index
cc: Charmaine McCarvel, Webb Municipal Finance, LLC
Item Number: 11.

ATTACHMENT 1
Rate Schedule Effective 7/1/23
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2023

Current Rate
7/1/22
Proposed Rate
7/1/23
Current Rate
7/1/22
Proposed Rate
7/1/23
Cart services (an organic service is also required)
Single family dwelling service: (1,2,3,4) 2-cart service (refuse & recycling, 95-gallon each) (9) $ 52.31 $ 56.00 3-cart bundle $ 38.85 $ 41.09 Bin services (an organic service is also required) (9,10) Extra carts: Refuse bin service: (11)
Each add'l cart (refuse) $ 18.68 $ 19.76 2-CY refuse bin service:

Each add'l cart (recycling) $ 18.68 $ 19.76 1st weekly pickup $ 205.25 $ 219.74 Each add'l cart (organic waste) $ 18.68 $ 19.76 Each add'l weekly pickup $ 168.20 $ 180.07 Optional green waste cart (5) $ 4.68 $ 4.95 One-time pickup, 1st bin $ 80.79 $ 86.49 One-time extra pick-up of any cart $ 25.00 $ 26.44 One-time pickup, each add'l bin $ 41.48 $ 44.41 Billing fee (4) $ 13.50 $ 14.28 3-CY refuse bin service:

Multi-family dwelling service (3-cart bundle): (6,7) First weekly pickup $ 276.37 $ 295.88 First dwelling unit on account $ 38.82 $ 41.06 Each add'l weekly pickup $ 232.59 $ 249.01 Each add'l dwelling unit on same account $ 38.64 $ 40.87 One-time pickup, 1st bin $ 90.49 $ 96.88 Extra carts: One-time pickup, each add'l bin $ 49.43 $ 52.92 Each extra refuse cart $ 18.68 $ 19.76 4-CY refuse bin service:

Each extra recycling cart $ 18.68 $ 19.76 First weekly pickup $ 334.40 $ 358.01 Each extra organic cart $ 18.68 $ 19.76 Each add'l weekly pickup $ 286.58 $ 306.81 Contaminated cart fees: (4,8) One-time pickup, 1st bin $ 114.78 $ 122.88 Disposal of recycling cart contents (per event) $ 25.00 $ 26.44 One-time pickup, each add'l bin $ 61.32 $ 65.65 Disposal of organic cart contents (per event) $ 25.00 $ 26.44 Removal of noncompliant cart (per event) $ 25.00 $ 26.44 Recycling bin service:

Redelivery of removed cart (per event) $ 25.00 $ 26.44 3-CY recycle bin: (11) First weekly pickup (per account) FREE FREE
Second bin weekly pickup $ 250.75 $ 268.45
Each add'l weekly pickup $ 211.89 $ 226.85
One-time pickup, 1st bin $ 75.00 $ 80.30
One-time pickup, each add'l bin $ 75.00 $ 80.30
Service Service
Rates are monthly unless otherwise noted. Footnotes appear at end of schedule. COMMERCIAL SERVICES (3,7,9)

RESIDENTIAL SERVICES
Desert Valley Disposal, Inc.

Item Number: 11.

ATTACHMENT 1, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2023

Current Rate
7/1/22
Proposed Rate
7/1/23
Current Rate
7/1/22
Proposed Rate
7/1/23
Organic waste cart & bin services: (9,12) Food waste service, continued Green waste: 2-CY bin:
35-gallon cart: First bin $ 293.53 $ 314.25
First cart $ 25.22 $ 27.00 Each add'l bin collected with first bin $ 293.53 $ 314.25 Each add'l cart collected with first cart $ 25.22 $ 27.00 One-time pickup, 1st bin $ 75.00 $ 80.30 One-time pickup, 1st cart $ 25.00 $ 26.77 One-time pickup, each add'l bin with 1st $ 67.79 $ 72.58 One-time pickup, each add'l cart with 1st 5.82 $ 6.23 $ Mixed organic waste:
65-gallon cart: 35-gallon cart:

First cart $ 32.44 $ 34.73 First cart $ 32.02 $ 34.28
Each add'l cart collected with first cart $ 32.44 $ 34.73 Each add'l cart collected with first cart $ 32.02 $ 34.28 One-time pickup, 1st cart $ 25.00 $ 26.77 One-time pickup, 1st cart $ 25.00 $ 26.77 One-time pickup, each add'l cart with 1st $ 7.49 $ 8.02 One-time pickup, each add'l cart with 1st $ 7.39 $ 7.91 95-gallon cart: 65-gallon cart:

First cart $ 39.66 $ 42.46 First cart $ 45.06 $ 48.24
Each add'l cart collected with first cart $ 39.66 $ 42.46 Each add'l cart collected with first cart $ 45.06 $ 48.24 One-time pickup, 1st cart $ 25.00 $ 26.77 One-time pickup, 1st cart $ 25.00 $ 26.77 One-time pickup, each add'l cart with 1st $ 9.16 $ 9.81 One-time pickup, each add'l cart with 1st $ 10.41 $ 11.14 2-CY bin: 95-gallon cart:

First bin $ 225.90 $ 241.85 First cart $ 58.11 $ 62.21
Each add'l bin collected with first bin $ 225.90 $ 241.85 Each add'l cart collected with first cart $ 58.11 $ 62.21 One-time pickup, 1st bin $ 75.00 $ 80.30 One-time pickup, 1st cart $ 25.00 $ 26.77 One-time pickup, each add'l bin with 1st $ 52.17 $ 55.85 One-time pickup, each add'l cart with 1st $ 13.42 $ 14.37 3-CY bin; 2-CY bin:

First bin $ 305.39 $ 326.95 First bin $ 265.12 $ 283.84 Each add'l bin collected with first bin $ 305.39 $ 326.95 Each add'l bin collected with first bin $ 265.12 $ 283.84 One-time pickup, 1st bin $ 75.00 $ 80.30 One-time pickup, 1st bin $ 75.00 $ 80.30 One-time pickup, each add'l bin with 1st $ 70.53 $ 75.51 One-time pickup, each add'l bin with 1st $ 61.23 $ 65.55 Food waste: 3-CY bin:
35-gallon cart: First bin 364.23 $ 389.94 $
First cart $ 38.34 $ 41.05 Each add'l bin collected with first bin $ 364.23 $ 389.94 Each add'l cart collected with first cart $ 38.34 $ 41.05 One-time pickup, 1st bin $ 84.12 $ 90.06 One-time pickup, 1st cart $ 25.00 $ 26.77 One-time pickup, each add'l bin with 1st $ 84.12 $ 90.06 One-time pickup, each add'l cart with 1st $ 5.82 $ 6.23 65-gallon cart: Cannabis waste documentation fee: (13)
First cart $ 56.82 $ 60.83 Will call collections $ 41.34 $ 44.26 Each add'l cart collected with first cart $ 56.82 $ 60.83 Monthly charge for each weekly collection $ 179.14 $ 191.79 One-time pickup, 1st cart $ 25.00 $ 26.77
One-time pickup, each add'l cart with 1st $ 13.12 $ 14.05 Service Service
COMMERCIAL SERVICES, continued COMMERCIAL SERVICES, continued Desert Valley Disposal, Inc.

Item Number: 11.

ATTACHMENT 1, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2023

Desert Valley Disposal, Inc.

Current Rate
7/1/22
Proposed Rate
7/1/23
Current Rate
7/1/22
Proposed Rate
7/1/23
Contaminated cart fees: (8) Tonnage-based charges:

Each recycle or organic cart disposed (per event) $ 25.00 $ 26.77 Disposed tons:

Removal of non-compliant cart (per event) $ 25.00 $ 26.77 Minimum charges (per load):

Redelivery of removed cart (per event) $ 25.00 $ 26.77 10-CY, 10-tons $ 828.30 $ 889.01 Contaminated bin fees: (8) 20-CY, 3-tons $ 248.49 $ 266.70 Each recycle or organic bin disposed (per event) $ 83.33 $ 89.21 30-CY, 4-tons $ 331.32 $ 355.61 Removal of non-compliant bin (per event) $ 96.36 $ 103.16 40-CY, 5-tons $ 414.15 $ 444.51 Return of removed bin (per event) $ 80.33 $ 86.00 Charge per ton in excess of minimum charge $ 82.83 $ 88.90 Diverted tons: (14)
Enforcement Inspections (per hour; on City order) $ 138.19 $ 147.95 (a) Facility tip fee Actual T.F. Actual T.F.

Misc. Commercial Services: (b) SB 1383 1.89% of actual 1.89% of actual Return trips for inaccessible bins $ 80.33 $ 86.00 (c) Admin fee 15% of actual 15% of actual Bin relocation: (d) Diversion reporting (per ton) $ 13.62 $ 14.62 First bin (per request) $ 80.33 $ 86.00 (e) City Fee (per ton) $ 10.63 $ 11.41 Each add'l bin (per request) $ 32.00 $ 34.26 Miscellaneous debris box charges:

Roll-out charges (per month for each wkly p/u) $ 113.62 $ 121.64 Return trip, relocate, exchange box (15) $ 79.08 $ 84.88 Locking bin charges: Offloading > 10-tons (per 15-min, 1 hr min) $ 164.24 $ 176.28 One-time set up charge per bin $ 129.78 $ 138.94 Clean & wash box:

Monthly charge per bin $ 129.78 $ 138.94 1st box (per request) $ 132.74 $ 142.47 Contractor lock (1-time charge) $ 37.74 $ 40.40 Each add'l box (per request) $ 56.92 $ 61.09 Clean & wash bins by request: Stationary Compactor Services (pull charges + tonnage-based fees per load) First bin (per request) $ 129.78 $ 138.94 Pull charges for pickup & return (per load):

Each add'l bin (per request) $ 55.63 $ 59.56 Loads to EHTS for disposal & diversion $ 505.54 $ 542.60 Special equip or handling (per mo for each wkly p/u) $ 80.30 $ 85.97 Tonnage-based fees (per ton):

Domestic animal waste (charged for each 3-CY bin pickup) $ 285.37 $ 305.52 Disposed tons $ 82.83 $ 88.90 Add for hard-to-handle waste (per ton) $ 19.55 $ 20.98
Diverted tons: (14)
Debris Box Services (pull charges + tonnage-based fees per load) (a) Facility tip fee Actual Actual Pull charges: (b) SB 1383 1.89% of actual 1.89% of actual Loads to EHTS for disposal & diversion $ 505.54 $ 542.60 (c) Admin fee 15% of actual 15% of actual Loads to other facilities $ 591.47 $ 634.82 (d) Diversion reporting (per ton) $ 13.62 $ 14.62 Rental charges (per day after 7-days no activity) $ 72.22 $ 77.51 (e) City Fee (per ton) $ 10.63 $ 11.41 COMMERCIAL SERVICES, continued ROLL-OFF SERVICES, continued

ROLL-OFF SERVICES
Service Service
Item Number: 11.

ATTACHMENT 1, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2023

Desert Valley Disposal, Inc.

Current Rate
7/1/22
Proposed Rate
7/1/23
Current Rate
7/1/22
Proposed Rate
7/1/23
Miscellaneous stationary compactor charges: Miscellaneous charges, continued Return trip, relocate, or turn around (15) $ 79.08 $ 84.88 Miscellaneous Refuse & debris (hourly):

Offloading > 10-tons (per 15-min, 1 hr min) $ 164.24 $ 176.28 First 15-minutes $ 35.49 $ 38.09 Clean & wash box: Each add'l 15 minute increment $ 10.33 $ 11.09 1st box (per request) $ 132.74 $ 142.47 Cleanup Services (including disaster debris):

Each add'l box (per request) $ 56.92 $ 61.09 Labor (per hour):

Monthly maintenance service $ 107.76 $ 115.66 Debris abatement crew (with vehicle) $ 104.55 $ 112.21 Specialized equipment or handling (per load) $ 138.89 $ 149.07 Field supervisor $ 52.31 $ 56.14 Driver, roll-off truck $ 48.22 $ 51.75
Special Bin Services Driver, front & rear loader collection vehicle $ 42.98 $ 46.13 Disposal services: Driver, bin delivery truck $ 42.98 $ 46.13 Temporary residential clean-up bin: Laborer $ 27.75 $ 29.78 4-day rental $ 142.91 $ 153.39 Equipment (per hour):

Extra pick-up $ 95.36 $ 102.35 Roll-off truck $ 74.09 $ 79.52 Construction bin: Debris box $ 72.22 $ 77.51
7-day rental $ 165.65 $ 177.79 Rear loading collection vehicle $ 74.09 $ 79.52 Extra pick-up $ 95.36 $ 102.35 Commercial front loader collection vehicle $ 76.05 $ 81.62 Monthly service $ 387.74 $ 416.16 3-CY construction bin $ 23.66 $ 25.39 Extra pick-up $ 106.82 $ 114.65 Bin delivery truck $ 17.30 $ 18.57 Special Bin Services, continued Pick-up truck $ 15.00 $ 16.10 Diversion services: Rented equipment Actual + 10% Actual + 10% Preferred Hauler Program (3-CY bin): Disposal or diversion tip fee Actual + 10% Actual + 10% 7-day rental $ 191.36 $ 205.39 Materials & contracted services Actual + 10% Actual + 10% Extra pick-up $ 191.36 $ 205.39 Remove litter from enclosure (per hour) $ 113.11 $ 121.40 Monthly service $ 765.47 $ 821.58 Enclosure cleaning:

Extra weekly pick-up $ 765.47 $ 821.58 Basic service (remove debris & sweep; per sq.ft.) $ 3.14 $ 3.37 Special Haul/Bulky Item Services Power wash (after basic service; per sq.ft.) $ 6.43 $ 6.90 Residential: Administrative Charges (applicable to all accounts):
2 Items per month (combo, appliance or other) FREE FREE Charge for returned check/electronic payment $ 35.00 $ 35.00 Each add'l appliance $ 43.18 $ 46.35 Past due charge 1 1/2% 1 1/2% Each add'l other bulky item $ 21.58 $ 23.16 Delinquent account charge (of amt delinquent) 10% 10% Commercial (including MFD using bins): City admin cost to process tax liens (16) Pro rata share Pro rata share Each appliance $ 80.89 $ 86.82 City admin cost to process tax levies (17) Pro rata share Pro rata share Each other bulky item $ 32.34 $ 34.71
Service Service
ROLL-OFF SERVICES, continued MISCELLANEOUS SERVICE, continued

MISCELLANEOUS SERVICES
Item Number: 11.

ATTACHMENT 1, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2023

Desert Valley Disposal, Inc.

Current Rate
7/1/22
Proposed Rate
7/1/23
Current Rate
7/1/22
Proposed Rate
7/1/23
(15) Return trip to service inaccessible box/compactor or relocate at customer's request. (b) Required for Non-food establishments: (a) green waste service, OR (b) mixed organic waste service as applicable.
(c) Required for Multi-family complexes: mixed organic waste service ONLY (or with separate green waste and food waste containers by special arrangement with Contractor. (d) Required for Cannabis establishments: green waste service for cannabis waste AND other organic service as applicable.
(7) Service billed monthly in arrears; deposit and/or advance payment may be required of delinquent accounts. (16) City's administrative charge to collect delinquent waste charges on the County tax bill; allocated (8) After written notice to customer posted on cart. among the accounts eligible to be collected in this manner as a lien against the property. (9) Organic waste recycling required for all commercial services. Organic wastes (green waste, food waste & mixed organic waste) are to be source-separated and free of contamination; mixed organic waste containers may include bagged food waste. Available organic waste services for specific generators:
(17) City's administrative cost to levy an assessment for solid waste fees on eligible properties; allocated equally among eligible single family properties placed on County property tax bill. (a) Required for Food establishments: (a) Food waste service, AND (b) green waste service, if applicable.
(4) Detached single family service billed on County property tax bill. Any services direct billed by Contractor are subject to a billing fee for each quarterly billing. (12) Source-separated green waste, food waste or mixed organic waste free of non-compliant waste; requirements strictly enforced.
(5) Existing optional green waste cart service replaced by organic waste cart service effective 10/1/22. (13) The disposal of cannabis waste is regulated by the State of California. State regulations allow collection of cannabis waste with other green waste if processed at a permitted green waste facility. The cannabis waste documentation fee covers the hauler's record keeping cost. Documentation fee applies to each collection visit regardless of the number of containers collected at the visit. (6) Service category applies to dwelling units: (a) with common walls such as duplexes, triplexes, condominiums, townhomes, apartments, hotel & motel units; also applies to mobile home park dwellings; (b) serviced individually, and (c) receiving one bill for all units on account. Also applies to mobile home park dwellings receiving individual pick-up and a master bill to a single account. All other units billed as Single Family dwellings.
(14) For tons delivered to a solid waste facility for diversion. Fee per ton is the sum total of listed fees (a) thru (e).
(1) 3-cart bundle is the default residential service and includes one 95-gallon cart each for sourceseparated refuse, recycling & organic waste provided by Contractor; bagged food waste permitted in organic cart. Dwellings not billed via the County property tax bill will be billed directly by Contractor, quarterly in advance.
(10) Bins cleaned or exchanged once annually at no charge upon request. (11) For each 2-, 3- or 4-CY bin subscription, regardless of the number of weekly pick-ups, customer receives one 3CY recycle bin collected once weekly. Additional recycle bins or weekly recycling bin pickups available for additional fees. Customer may substitute a 2CY bin, however no price difference for substitutions. (2) Single family rate applies to dwellings in mobile home parks that are direct billed individually by Contractor. Examples: (a) One 3CY recycle bin provided for subscription of one 2CY refuse bin collected 1xWeek; (b) One 3CY recycle bin provided for subscription of one 3CY bin collected 6xWeek; (c) Two 3CY recycle bins provided for subscription of two 4CY refuse bins collected 2xWeek. (3) Containers (carts & bins) must be no more than level full with lids closed. C&D waste and animal waste prohibited, except for animal waste for household pets.

FOOTNOTES FOOTNOTES, continued
Service Service
Item Number: 11.

ATTACHMENT 2
2022 Notice of Public Hearing
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice

CITY OF DESERT HOT SPRINGS

NOTICE OF PUBLIC HEARING

REGARDING PROPOSED INCREASES TO SOLID WASTE FEE
You are receiving this notice because you are a property/record owner or tenant who is responsible for paying for solid waste services in Desert Hot Springs, California.

NOTICE IS HEREBY GIVEN that the City of Desert Hot Springs (the “City”) will hold a Public Hearing on June 7, 2022, at 6:00 p.m., or as soon after as the matter may be heard, in the Council Chambers/City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240, to consider adopting increases to the fees for collection and handling of solid waste within the City (collectively, “Solid Waste Services”) and collecting the fees for residential services on the County property tax bill.

In compliance with Section 6 of the California Constitution, Article XIII (D) (Proposition 218), this notice is to provide you with information about the Proposed Fee Increase, as defined herein. On April 19, 2022, at a regular public meeting of the City Council of the City, the City Council adopted a Resolution to set a time and place for a public hearing on the Proposed Fee Increase in Exhibit A attached to the Resolution. The Proposed Fee Increase is also attached to this Notice.

The proposed fee increases are as follows: 1) new fee increases to comply State-mandated organic waste collection services pursuant to regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016); 2) new bulky item fees; and 3) increase in fees adjusted by the percentage change in the Consumer Price Index for All Urban Consumers for Los Angeles-Riverside-Orange County Area (CPI-U), January to January (collectively “Proposed Fee Increase”). Please refer to Exhibit A attached to this Notice.

The methodology to calculate the Proposed Fee Increase is also attached to this Notice as Exhibit B.

Proposed Fee Increases
Desert Valley Disposal (“DVD”) provides Solid Waste Services within the City pursuant to an exclusive franchise agreement.

Single family residential accounts are billed on the County property tax bill while DVD bills other customers directly for the services. Fees for Solid Waste Services are evaluated periodically to maintain an adequate fee structure to fund the costs of providing Solid Waste Services to residents and commercial businesses.

The fee structure for monthly Solid Waste Services has three customer classes: (1) residential (2) commercial and (3) roll-off.

The fees for Solid Waste Services imposed on each customer class are determined on the basis of (1) the size of the cart (in gallons), or bin or box (in cubic yards) serving the property; (2) the type of container service (e.g., solid waste, recycling, or green/organic waste) serving the property; and (3) the frequency of pickups per week. The fee structure is comprised of service fees and material tipping fees.

The Proposed New Fees in order to comply with SB 1383 are calculated to recover the costs of providing new weekly organic waste collection services, outreach, education, monitoring, reporting, and container labeling to comply with the SB 1383 regulations, and to further recover the costs of and to proportionately allocate those costs on a parcel basis among various customer classes.

All Proposed Fee Increases are calculated to recover costs. Because each customer may have a unique combination of services, please look at a recent bill to determine what services you have and use the table in Exhibit A to determinate how your fees may be impacted.

Annual Adjustment
The Proposed Fee Increase for solid waste services would allow the fees to be adjusted annually to account for inflation and increases in material tip fees. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2026, the material tip fee component and the service component may be adjusted based on inflationary/fee changes multiplied by the component’s assigned percentage weighting as specified in the franchise agreement, to calculate the fee change. x Change to Material Tip Fee Component. This component will be adjusted for the percentage change in tip fees charged by the solid waste facilities that receive, and process waste generated in Desert Hot Springs (“Tipping Fees”).

The assigned material tip fee weight will be proportionate to the service component based on total revenue at that time (currently 25.9% of the total fee for residential services and 13.0% of the total fee for commercial services). Roll-off service material tip fees will be based on the actual tip fee at the time collections are performed x Change to Service Component. This component will be adjusted by the percentage change in the Consumer Price Index for All Urban Consumers for the Riverside-San Bernardino-Ontario Area (CPI-U), January to January. The assigned service fee weight will be proportionate to the material tip fee component based on total revenue at that time (currently

74.1% of the total fee for residential services and 87.0% of the total fee for commercial services). Roll-off service pull charges and miscellaneous services not involving material tip fees will be increased by the full amount of the change in the CPI-U.

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
Public Hearing and Protests
Proposition 218 allows you to respond to the Proposed Fee Increase prior to the close of the public hearing. Any property owner whose property is to be subject to the Proposed Fee Increase for the Solid Waste Services and any tenant directly responsible for the payment of such fees (i.e., a DVD customer of record) may submit a written protest to the proposed fee increases; provided, however, only one protest will be counted per identified parcel. You may use the form below. Any written protest must:
(1) State that the identified property owner or tenant is in opposition to the proposed fee increases; (2) Provide the location of the identified parcel (by assessor’s parcel number or street address); and (3) Include the name and signature of the property owner or tenant submitting the protest.

If the person submitting the written protest is the owner of record but was not shown on Riverside County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail, email or in person to the City Clerk’s Office at 11-999 Palm Drive, Desert Hot Springs, CA 92240, provided they are received prior to the conclusion of the public comment portion of the June 7, 2022 Public Hearing. If submitting your protest by mail, please provide sufficient time for it to arrive prior to the close of the public comment portion of the public hearing. Written protests submitted via e-mail will be accepted. Please identify on the front of the envelope for any protest, whether mailed, emailed, or submitted in person to the City Clerk, Attn: Public Hearing on Fee Increases.

The City Council will consider all written protests and hear and consider all oral comments to the Proposed Fee Increase for Solid Waste Services and the annual fee adjustment at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adoption of the Proposed Fee Increase. If written protests against the Proposed Fee Increase are not presented by a majority of the property owners of the identified parcels and tenants directly responsible for the payment of the solid waste service fees upon which the fees are proposed to be imposed, the City Council will be authorized to impose the Proposed Fee Increase as outlined above and add solid waste fees for single family residential properties to the County property tax bill. If adopted, the Proposed Fee Increase will take effect beginning July 1, 2022. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services.

Questions
If you have questions regarding this notice or how your rates will be affected, please go to www.yoursustainablecity.com. The website has more information and examples of rate adjustments for typical customers. You can also call (760) 329-6411, Ext. 109 or email [email protected].

Exhibit A
------------------------------------------------------------------------------------------------------------------------------------------------------------- Protest Form
If you would like to protest the Proposed Fee Increase, you may complete this Protest Form, detach it, and mail it to the City of Desert Hot Springs, 11999 Palm Drive, Desert Hot Springs, CA 92240, or hand deliver the form to the City Clerk’s office. In order for this form to be counted as a valid protest against the Proposed Fee Increase, this form must be signed and delivered to the City Clerk no later than the close of the Public Hearing, on June 7, 2022. Only one protest is allowed per parcel number or service address.

Please provide the Parcel Number or Service Address: __________________________________________________________ □ I protest the Proposed Fee Increase.

I hereby declare under penalty of perjury that I am the owner or tenant of the above listed property or the authorized representative of the above listed property.

Please sign and then print your name:_____________________________ Date:

Please print the property owner’s name:___________________________ Date:

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Current Rate
7/1/21
Proposed Rate
7/1/22
Current Rate
7/1/21
Proposed Rate
7/1/22
Bin services (an organic service is also required) (9,10) Single family dwelling service: (1,2,3,4) Refuse bin service: (11) 3-cart bundle $ 28.73 $ 42.80 2-CY refuse bin service:

Extra carts: 1st weekly pickup $ 188.28 $ 213.66
Each add'l cart (refuse) $ 26.12 $ 18.68 Each add'l weekly pickup $ 153.67 $ 176.61 Each add'l cart (recycling) $ 22.86 $ 18.68 One-time pickup, 1st bin $ 74.67 $ 80.79 Each add'l cart (organic waste) n/a $ 18.68 One-time pickup, each add'l bin $ 37.95 $ 41.48 Optional green waste cart (5) $ 4.51 $ 4.68 3-CY refuse bin service:

One-time extra pick-up of any cart n/a $ 25.00 First weekly pickup $ 252.23 $ 288.97 Billing fee (4) $ 12.61 $ 13.50 Each add'l weekly pickup $ 211.34 $ 245.19 Multi-family dwelling service (3-cart bundle): (6,7) One-time pickup, 1st bin $ 83.16 $ 90.49 First dwelling unit on account $ 28.70 $ 42.80 One-time pickup, each add'l bin $ 44.83 $ 49.43 Each add'l dwelling unit on same account $ 28.53 $ 42.80 4-CY refuse bin service:

Extra carts: First weekly pickup $ 304.46 $ 351.23
Each extra refuse cart n/a $ 18.68 Each add'l weekly pickup $ 259.90 $ 303.41 Each extra recycling cart $ 22.86 $ 18.68 One-time pickup, 1st bin $ 101.63 $ 114.78 Each extra organic cart n/a $ 18.68 One-time pickup, each add'l bin $ 55.47 $ 61.32 Contaminated cart fees: (4,8)
Disposal of recycling cart contents (per event) $ 6.35 $ 25.00 Recycling bin service:

Disposal of organic cart contents (per event) n/a $ 25.00 3-CY recycle bin: (11) Removal of noncompliant cart (per event) n/a $ 25.00 First weekly pickup (per account) FREE FREE Redelivery of removed cart (per event) $ 31.57 $ 25.00 Second bin weekly pickup $ 222.47 $ 250.75 Each add'l weekly pickup $ 192.72 $ 211.89
One-time pickup, 1st bin n/a $ 75.00
Cart services (an organic service is also required) One-time pickup, each add'l bin n/a $ 75.00 2-cart service (refuse & recycling, 95-gallon each) (9) $ 33.05 $ 52.31 COMMERCIAL SERVICES (3,7,9)
Service Service
Rates are monthly unless otherwise noted. Footnotes appear at end of schedule. COMMERCIAL SERVICES, continued

RESIDENTIAL SERVICES
Desert Valley Disposal, Inc.

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Current Rate
7/1/21
Proposed Rate
7/1/22
Current Rate
7/1/21
Proposed Rate
7/1/22
Organic waste cart & bin services: (9,12) Green waste service, continued Green waste: 2-CY bin:
35-gallon cart: First bin $ 589.15 $ 293.53
First cart $ 23.96 $ 25.22 Each add'l bin collected with first bin $ 589.15 $ 293.53 Each add'l cart collected with first cart $ 23.96 $ 25.22 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l bin with 1st n/a $ 67.79 One-time pickup, each add'l cart with 1st n/a 5.82 $ Mixed organic waste:
65-gallon cart: 35-gallon cart:

First cart $ 25.20 $ 32.44 First cart $ 71.95 $ 32.02
Each add'l cart collected with first cart $ 25.20 $ 32.44 Each add'l cart collected with first cart $ 32.73 $ 32.02 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l cart with 1st n/a $ 7.49 One-time pickup, each add'l cart with 1st n/a $ 7.39 95-gallon cart: 65-gallon cart:

First cart $ 26.34 $ 39.66 First cart $ 93.42 $ 45.06
Each add'l cart collected with first cart $ 26.34 $ 39.66 Each add'l cart collected with first cart $ 54.20 $ 45.06 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l cart with 1st n/a $ 9.16 One-time pickup, each add'l cart with 1st n/a $ 10.41 2-CY bin: 95-gallon cart:

First bin $ 242.96 $ 225.90 First cart n/a $ 58.11
Each add'l bin collected with first bin $ 242.96 $ 225.90 Each add'l cart collected with first cart n/a $ 58.11 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l bin with 1st n/a $ 52.17 One-time pickup, each add'l cart with 1st n/a $ 13.42 3-CY bin; 2-CY bin:

First bin $ 346.71 $ 305.39 First bin $ 432.73 $ 265.12 Each add'l bin collected with first bin $ 346.71 $ 305.39 Each add'l bin collected with first bin $ 432.73 $ 265.12 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, each add'l bin with 1st n/a $ 70.53 One-time pickup, each add'l bin with 1st n/a $ 61.23 Food waste: 3-CY bin:
35-gallon cart: First bin n/a 364.23 $
First cart $ 91.29 $ 38.34 Each add'l bin collected with first bin n/a $ 364.23 Each add'l cart collected with first cart $ 52.07 $ 38.34 One-time pickup, 1st bin n/a $ 84.12 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l bin with 1st n/a $ 84.12 One-time pickup, each add'l cart with 1st n/a $ 5.82
65-gallon cart: Cannabis waste documentation fee: (13)
First cart $ 132.71 $ 56.82 Will call collections $ 38.61 $ 41.34 Each add'l cart collected with first cart $ 93.49 $ 56.82 Monthly charge for each weekly collection $ 167.33 $ 179.14 One-time pickup, 1st cart n/a $ 25.00
One-time pickup, each add'l cart with 1st n/a $ 13.12
Service Service
COMMERCIAL SERVICES, continued COMMERCIAL SERVICES, continued Desert Valley Disposal, Inc.

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Current Rate
7/1/21
Proposed Rate
7/1/22
Current Rate
7/1/21
Proposed Rate
7/1/22
Contaminated cart fees: (8) Tonnage-based charges:

Each recycle or organic cart disposed (per event) n/a 25.00 $ Disposed tons:

Removal of non-compliant cart (per event) n/a 25.00 $ Minimum charges (per load):

Redelivery of removed cart (per event) n/a $ 25.00 10-CY, 10-tons 802.80 $ 828.30 $ Contaminated bin fees: (8) 20-CY, 3-tons 240.84 $ 248.49 $ Each recycle or organic bin disposed (per event) $ 78.74 $ 83.33 30-CY, 4-tons 321.12 $ 331.32 $ Removal of non-compliant bin (per event) $ 90.92 $ 96.36 40-CY, 5-tons 401.40 $ 414.15 $ Return of removed bin (per event) $ 75.04 $ 80.33 Charge per ton in excess of minimum charge 80.28 $ 82.83 $ Diverted tons: (14)
Enforcement Inspections (per hour; on City order) n/a 138.19 $ (a) Facility tip fee Actual T.F. Actual T.F.

Misc. Commercial Services: (b) SB 1383 n/a 1.89% of actual Return trips for inaccessible bins $ 75.04 $ 80.33 (c) Admin fee 15% of actual 15% of actual Bin relocation: (d) Diversion reporting (per ton) 12.72 $ 13.62 $ First bin (per request) 75.04 $ 80.33 $ (e) City Fee (per ton) 9.93 $ 10.63 $ Each add'l bin (per request) 29.88 $ 32.00 $ Miscellaneous debris box charges:

Roll-out charges (per month for each wkly p/u) 106.13 $ 113.62 $ Return trip, relocate, exchange box (15) $ 79.08 73.87 $ Locking bin charges: Offloading > 10-tons (per 15-min, 1 hr min) $ 164.24 153.40 $ One-time set up charge per bin 121.23 $ 129.78 $ Clean & wash box:

Monthly charge per bin 121.23 $ 129.78 $ 1st box (per request) 123.99 $ 132.74 $ Contractor lock (1-time charge) 35.25 $ 37.74 $ Each add'l box (per request) 53.16 $ 56.92 $ Clean & wash bins by request: Stationary Compactor Services (pull charges + tonnage-based fees per load) First bin (per request) 121.23 $ 129.78 $ Pull charges for pickup & return (per load):

Each add'l bin (per request) 51.96 $ 55.63 $ Loads to EHTS for disposal & diversion 463.43 $ 505.54 $ Special equip or handling (per mo for each wkly p/u) 75.01 $ 80.30 $ Tonnage-based fees (per ton):

Domestic animal waste (charged for each 3-CY bin pickup) 285.37 $ 285.37 $ Disposed tons $ 82.83 80.28 $ Add for hard-to-handle waste (per ton) 19.19 $ 19.55 $
Diverted tons: (14)
Debris Box Services (pull charges + tonnage-based fees per load) (a) Facility tip fee Actual Actual Pull charges: (b) SB 1383 1.89% of actual 1.89% of actual Loads to EHTS for disposal & diversion 463.43 $ 505.54 $ (c) Admin fee 15% of actual 15% of actual Loads to other facilities 542.21 $ 591.47 $ (d) Diversion reporting (per ton) 12.72 $ 13.62 $ Rental charges (per day after 7-days no activity) $ 72.22 66.20 $ (e) City Fee (per ton) 9.93 $ 10.63 $ Service Service
COMMERCIAL SERVICES, continued ROLL-OFF SERVICES, continued

ROLL-OFF SERVICES
Desert Valley Disposal, Inc.

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Current Rate
7/1/21
Proposed Rate
7/1/22
Current Rate
7/1/21
Proposed Rate
7/1/22
Miscellaneous stationary compactor charges: Miscellaneous charges, continued Return trip, relocate, or turn around (15) $ 79.08 73.87 $ Miscellaneous Refuse & debris (hourly):

Offloading > 10-tons (per 15-min, 1 hr min) $ 164.24 153.40 $ First 15-minutes 34.03 $ 35.49 $ Clean & wash box: Each add'l 15 minute increment 9.64 $ 10.33 $ 1st box (per request) 123.99 $ 132.74 $ Cleanup Services (including disaster debris):

Each add'l box (per request) 53.16 $ 56.92 $ Labor (per hour):

Monthly maintenance service n/a 107.76 $ Debris abatement crew (with vehicle) 103.08 $ 104.55 $ Specialized equipment or handling (per load) n/a 138.89 $ Field supervisor 47.84 $ 52.31 $ Driver, roll-off truck 44.02 $ 48.22 $
Special Bin Services Driver, front & rear loader collection vehicle 39.13 $ 42.98 $ Disposal services: Driver, bin delivery truck 39.13 $ 42.98 $ Temporary residential clean-up bin: Laborer 29.36 $ 27.75 $ 4-day rental 127.49 $ 142.91 $ Equipment (per hour):

Extra pick-up 85.31 $ 95.36 $ Roll-off truck 62.30 $ 74.09 $ Construction bin: Debris box 121.38 $ 72.22 $
7-day rental 148.62 $ 165.65 $ Rear loading collection vehicle n/a 74.09 $ Extra pick-up 110.11 $ 95.36 $ Commercial front loader collection vehicle 75.65 $ 76.05 $ Monthly service 351.21 $ 387.74 $ 3-CY construction bin 65.22 $ 23.66 $ Extra pick-up 96.44 $ 106.82 $ Bin delivery truck 26.03 $ 17.30 $ Special Bin Services, continued Pick-up truck 24.91 $ 15.00 $ Diversion services: Rented equipment Actual + 10% Actual + 10% Preferred Hauler Program (3-CY bin): Disposal or diversion tip fee Actual + 10% Actual + 10% 7-day rental 173.05 $ 191.36 $ Materials & contracted services Actual + 10% Actual + 10% Extra pick-up 173.05 $ 191.36 $ Remove litter from enclosure (per hour) n/a 113.11 $ Monthly service 692.25 $ 765.47 $ Enclosure cleaning:

Extra weekly pick-up 692.25 $ 765.47 $ Basic service (remove debris & sweep; per sq.ft.) n/a 3.14 $ Special Haul/Bulky Item Services Power wash (after basic service; per sq.ft.) n/a 6.43 $ Residential: Administrative Charges (applicable to all accounts):
2 Items per month (combo, appliance or other) FREE FREE Charge for returned check/electronic payment 35.00 $ 35.00 $ Each add'l appliance 40.46 $ 43.18 $ Past due charge 1 1/2% 1 1/2% Each add'l other bulky item 20.20 $ 21.58 $ Delinquent account charge (of amt delinquent) 10% 10% Commercial (including MFD using bins): City admin cost to process tax liens (16) Pro rata share Pro rata share Each appliance 75.76 $ 80.89 $ City admin cost to process tax levies (17) Pro rata share Pro rata share Each other bulky item 30.28 $ 32.34 $
Service Service
ROLL-OFF SERVICES, continued MISCELLANEOUS SERVICE, continued

MISCELLANEOUS SERVICES
Desert Valley Disposal, Inc.

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Current Rate
7/1/21
Proposed Rate
7/1/22
Current Rate
7/1/21
Proposed Rate
7/1/22
(15) Return trip to service inaccessible box/compactor or relocate at customer's request.

FOOTNOTES FOOTNOTES, continued
Service Service
(1) 3-cart bundle is the default residential service and includes one 95-gallon cart each for sourceseparated refuse, recycling & organic waste provided by Contractor; bagged food waste permitted in organic cart. Dwellings not billed via the County property tax bill will be billed directly by Contractor, quarterly in advance.
(10) Bins cleaned or exchanged once annually at no charge upon request. (11) For each 2-, 3- or 4-CY bin subscription, regardless of the number of weekly pick-ups, customer receives one 3CY recycle bin collected once weekly. Additional recycle bins or weekly recycling bin pickups available for additional fees. Customer may substitute a 2CY bin, however no price difference for substitutions. (2) Single family rate applies to dwellings in mobile home parks that are direct billed individually by Contractor. Examples: (a) One 3CY recycle bin provided for subscription of one 2CY refuse bin collected 1xWeek; (b) One 3CY recycle bin provided for subscription of one 3CY bin collected 6xWeek; (c) Two 3CY recycle bins provided for subscription of two 4CY refuse bins collected 2xWeek. (3) Containers (carts & bins) must be no more than level full with lids closed. C&D waste and animal waste prohibited, except for animal waste for household pets. (4) Detached single family service billed on County property tax bill. Any services direct billed by Contractor are subject to a billing fee for each quarterly billing. (12) Source-separated green waste, food waste or mixed organic waste free of non-compliant waste; requirements strictly enforced.
(5) Existing optional green waste cart service replaced by organic waste cart service effective 10/1/22. (13) The disposal of cannabis waste is regulated by the State of California. State regulations allow collection of cannabis waste with other green waste if processed at a permitted green waste facility.

The cannabis waste documentation fee covers the hauler's record keeping cost. Documentation fee applies to each collection visit regardless of the number of containers collected at the visit. (6) Service category applies to dwelling units: (a) with common walls such as duplexes, triplexes, condominiums, townhomes, apartments, hotel & motel units; also applies to mobile home park dwellings; (b) serviced individually, and (c) receiving one bill for all units on account. Also applies to mobile home park dwellings receiving individual pick-up and a master bill to a single account. All other units billed as Single Family dwellings. (14) For tons delivered to a solid waste facility for diversion. Fee per ton is the sum total of listed fees (a) thru (e).
(b) Required for Non-food establishments: (a) green waste service, OR (b) mixed organic waste service as applicable.
(c) Required for Multi-family complexes: mixed organic waste service ONLY (or with separate green waste and food waste containers by special arrangement with Contractor. (d) Required for Cannabis establishments: green waste service for cannabis waste AND other organic service as applicable.
(7) Service billed monthly in arrears; deposit and/or advance payment may be required of delinquent accounts. (16) City's administrative charge to collect delinquent waste charges on the County tax bill; allocated among the accounts eligible to be collected in this manner as a lien against the property. (8) After written notice to customer posted on cart. (9) Organic waste recycling required for all commercial services. Organic wastes (green waste, food waste & mixed organic waste) are to be source-separated and free of contamination; mixed organic waste containers may include bagged food waste. Available organic waste services for specific generators:
(17) City's administrative cost to levy an assessment for solid waste fees on eligible properties; allocated equally among eligible single family properties placed on County property tax bill. (a) Required for Food establishments: (a) Food waste service, AND (b) green waste service, if applicable.

Desert Valley Disposal, Inc.

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
Exhibit B
Rate Adjustment Methodology
For Solid Waste Service Rates Effective July 1, 2022
This is a description of the changes made to the rates for solid waste services displayed in the Schedule of Maximum Rates effective July 1, 2021.

Residential Services:
x Annual CPI adjustment
o The Hauler Service Fee rate component, City franchise fee and the City Diversion Fee are adjusted +7.06%.
x Material Tip Fee Adjustment
o The annual adjustment in Material Tip Fees has NOT been added. The formula changes in Material Tip Fees will be applied one year in arrears each July 1st beginning July 1, 2023 based on the actual change for the prior year to the previous year. x SB 1383 (for outreach, education, monitoring, reporting, container labeling, carts & weekly collection) o SB 1383 services add $8.60 per dwelling for individual collection. x Weekly Bulky Waste Collection
o A new weekly bulky waste collection service adds $3.95 per month. x Miscellaneous
o Minor miscellaneous adjustments are made to some rates to account for variances.

Commercial Services:
x Annual CPI adjustment
o The Hauler Service Fee rate component, City franchise fee and the City Diversion Fee are adjusted +7.06%.
x Material Tip Fee Adjustment
o The annual adjustment in Material Tip Fees has NOT been added. The formula changes in Material Tip Fees will be applied one year in arrears each July 1st beginning July 1, 2023 based on the actual change for the prior year to the previous year. x SB 1383 (for outreach, education, monitoring, reporting & container labeling) o SB 1383 services add 6.09% to the total rate.
x Weekly Bulky Waste Collection
o A new weekly bulky waste collection service adds $8.41 (2-CY bin), $12.60 (3-CY bin), and $16.82 (4-CY bin) per month to the cost for weekly refuse bin pickups. x Miscellaneous
o Minor miscellaneous adjustments are made to some rates to account for variances. For example, most organic waste service rates have been reduced to reflect the anticipated opening of a new facility that is nearer to the city.

Roll-Off Services
x Annual CPI adjustment
o The Hauler Service Fee rate component, City franchise fee and the City Diversion Fee are adjusted +7.06%.
x Material Tip Fee Adjustment
o Changes to material tip fees will occur based upon the tip fee charged at the facility at the time service is performed.
x SB 1383 (for outreach, education, monitoring, reporting & container labeling) o SB 1383 services add 1.89% to the total rate.

Other Services
Rates for other services that do not incur Material Tip Fees are adjusted for the change in CPI only.

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
AVISO DE AUDIENCIA PÚBLICA DE LA CIUDAD DE DESERT HOT

SPRINGS CON RESPECTO A LOS INCREMENTOS PROPUESTOS
RELATIVOS A LA TARIFA RECOLECCIÓN DE TARIFAS SÓLIDOS
Usted ha recibido este aviso debido a que es propietario o inquilino responsable del pago de los servicios de recolección de tarifas sólidos en Desert Hot Springs, California.

POR LA PRESENTE SE NOTIFICA que la ciudad de Desert Hot Springs (en adelante, la «Ciudad») celebrará una audiencia pública el 7 de junio de 2022, a las 6:00 p. m., o tan pronto se pueda atender el asunto, en la Cámara del Concejo/Ayuntamiento, ubicada en 11999 Palm Drive, Desert Hot Springs, CA 92240. Dicha audiencia tendrá por objeto considerar la adopción de incrementos en las tarifas de recolección y manejo de desechos sólidos dentro de la ciudad (en adelante, los «Servicios de desechos sólidos») y el cobro de las tarifas de los servicios residenciales en la factura del impuesto predial del condado.

De conformidad con la Sección 6 de la Constitución de California, Artículo XIII (D) (Proposición 218), el presente aviso pretende proporcionarle información sobre el incremento de tarifas propuesto, tal y como se define en el presente documento. El 19 de abril de 2022, en una reunión pública ordinaria del Consejo Municipal de la Ciudad, dicho consejo adoptó una resolución para fijar la hora y el lugar de una audiencia pública para debatir el aumento de tarifas propuesto en el Anexo A adjunto a la resolución. La propuesta de aumento de tarifas también se adjunta a este aviso como Anexo B.

Aumentos de tarifas propuestos
Desert Valley Desposar (en adelante: «DVD») proporciona servicios de recolección de tarifas sólidos dentro de la ciudad en virtud de un acuerdo de franquicia exclusivo. Las cuentas residenciales unifamiliares se cargan en la factura del impuesto sobre la propiedad del condado, mientras que DVD factura a los demás clientes por los servicios de forma directa. Las tarifas de los servicios de tarifas sólidos se evalúan de forma periódica a fin de mantener una estructura tarifaria adecuada para financiar los costos de la prestación de los servicios de tarifas sólidos a los residentes y a las empresas comerciales.

La estructura de tarifas para los servicios de recolección de tarifas sólidos mensuales tiene tres clases de clientes: (1) residencial (2) comercial y (3) contenedores rodantes (roll-off). Las tarifas de los servicios de tarifas sólidos impuestas a cada tipo de cliente se determinan en función de: (1) el tamaño del carro (en galones), o del contenedor o caja (en yardas cúbicas) que preste servicio a la propiedad; (2) el tipo de servicio de contenedor (por ejemplo, de tarifas sólidos, de reciclaje o de tarifas verdes/orgánicos) que preste servicio a la propiedad; y (3) la frecuencia de recolección por semana. La estructura de las tarifas consta de cargos de servicio y cargos de vertido de materiales.

Las nuevas tarifas propuestas en cumplimiento de la ley SB 1383 se calculan para recuperar los costos de la prestación de los nuevos servicios de recolección semanal de tarifas orgánicos, la divulgación, la educación, el control, la presentación de informes y el etiquetado de los contenedores con el fin de cumplir con las regulaciones de la ley SB 1383, y para recuperar aún más los costos y asignar proporcionalmente esos costos sobre la base de las parcelas entre varias clases de clientes. Todos los aumentos de las tarifas propuestos se han calculado para recuperar los gastos. Puesto que cada cliente dispone de una combinación única de servicios, le rogamos que consulte una factura reciente para determinar qué servicios utiliza y emplee la tabla del Anexo A para determinar la forma en que pueden verse afectadas sus tarifas.

Ajuste anual
El aumento de tarifas propuesto para los servicios de recolección de tarifas sólidos permitiría que las tarifas se ajustaran anualmente en función de la inflación y de los aumentos de las tarifas por vertido de materiales. A partir del 1 de julio de 2023, y cada 1 de julio posterior, hasta el 1 de julio de 2026 incluido, el componente de tarifa por vertido de material y el componente de servicio pueden ajustarse en función de los cambios inflacionarios/de tarifa multiplicados por el porcentaje de ponderación asignado al componente, tal como se especifica en el acuerdo de franquicia, y así calcular el cambio de tarifa. x Cambio en el componente de tarifa por vertido de material: este componente se ajustará en función del cambio porcentual de las tarifas de vertido que cobran las instalaciones de tarifas sólidos que reciben y procesan los tarifas generados en Desert Hot Springs («tarifas de vertido»). Las tarifas de vertido de material asignadas por peso serán proporcionadas a los componentes de servicio basado en un total en ese momento actual (actualmente el 25.9 % de la tarifa total para los servicios residenciales y el 13.0 % de la tarifa total para los servicios comerciales). Los servicios de material de contenedores rodantes (roll-off) se facturan según la tarifa real por el tonelaje recogido en el momento en que se realiza la recolección. x Cambios en el componente de servicio: dicho componente se ajustará en función de la variación porcentual del Índice de Precios al Consumo para todos los Consumidores Urbanos del Área de Riverside-San Bernardino-Ontario (IPC-U), de enero a enero. Las tarifas de servicio asignadas serán proporcionadas a los componentes de tarifas de vertido basado en ingreso total (actualmente el 74.1 % de la tarifa total para los servicios residenciales y el 87.0 % de la tarifa total para los servicios comerciales) Los servicios de material de contenedores rodantes (roll-off) y diversos servicios no involucrando tarifas de vertido se incrementarán en el importe total de la variación del IPC-U.

Item Number: 11.

ATTACHMENT 2, continued
Desert Valley Disposal, Inc.
2023 Rate Adjustment Notice
Audiencia pública y objeciones
La Proposición 218 le permite responder a la propuesta de aumento de tarifas antes del cierre de la audiencia pública. Cualquier propietario cuya propiedad se encuentre sujeta a la propuesta de aumento de tarifas de los servicios de recolección de tarifas sólidos y cualquier inquilino directamente responsable del pago de dichas tarifas (es decir, un cliente registrado de DVD) puede presentar una objeción por escrito a los aumentos de tarifas propuestos. No obstante, únicamente se contabilizará una objeción por parcela identificada. Puede utilizar el siguiente formulario. Cualquier objeción por escrito deberá:
(1) indicar que el propietario o arrendatario identificado se opone a los aumentos de tarifa propuestos; (2) indicar la ubicación de la parcela identificada (mediante el número de parcela del tasador o la dirección de la calle); e (3) incluir el nombre y la firma del propietario o arrendatario que presenta la objeción.

En el caso de que la persona que presente la objeción por escrito sea el propietario registrado, pero no aparezca como tal en el último censo de valoración del condado de Riverside, dicha persona deberá presentar una prueba por escrito de que es el dueño de la propiedad.

Las objeciones por escrito pueden presentarse mediante correo postal, correo electrónico o en persona a la oficina del secretario de la ciudad ubicada en 11-999 Palm Drive, Desert Hot Springs, CA 92240, siempre y cuando se reciban antes del término de la fase de comentarios públicos de la audiencia pública del 7 de junio de 2022. Si presenta una objeción por correo postal, le rogamos que prevea el tiempo suficiente para que llegue antes del término de la fase de comentarios públicos de la audiencia. Se aceptarán las objeciones escritas enviadas por correo electrónico. Por favor, identifique en el anverso del sobre cualquier objeción, ya sea enviada por correo, por correo electrónico o presentada en persona al City Clerk, Attn: audiencia pública sobre el aumento de tarifas.

El concejo municipal considerará todas las objeciones escritas y atenderá y considerará todos los comentarios orales a los aumentos de tarifas propuestos para los servicios de tarifas sólidos y el ajuste anual de tarifas en la audiencia pública. Los comentarios orales en la audiencia pública no se considerarán como reclamaciones formales a menos que vayan acompañados de una objeción por escrito. Una vez concluida la audiencia pública, el consejo municipal considerará la adopción de los aumentos de las tarifas de los servicios de recolección de tarifas sólidos y el ajuste anual de las tarifas, tal como se describe en el presente documento. Si no se presentan objeciones por escrito en contra de la propuesta de servicios de recolección de tarifas sólidos y del ajuste anual de tarifas por parte de la mayoría de los propietarios de las parcelas identificadas a las que se propone imponer las tarifas y de los arrendatarios directamente responsables del pago de las tasas de servicios de tarifas sólidos, el ayuntamiento estará autorizado a imponer los servicios de recolección de tarifas sólidos y el ajuste anual de tarifas como se ha indicado anteriormente. Además, se añadirán las tarifas de recolección de tarifas sólidos para las propiedades residenciales unifamiliares a la factura del impuesto sobre la propiedad del condado. Si son aprobados, los incrementos de tarifas propuestos entrarán en vigor a partir del 1 de julio de 2022. La ciudad lleva a cabo este procedimiento de objeción mayoritario de la Proposición 218 por abundancia de precaución y sin conceder la aplicabilidad de la Proposición 218 a los servicios de recolección de tarifas sólidos.

Preguntas
Si tiene preguntas relacionadas con este aviso o con la forma en que se verán afectadas sus tarifas, diríjase a www.yoursustainablecity.com. La página web dispone de más información y ejemplos de ajustes de tarifas para clientes habituales.

También puede llamar al (760) 329-6411, Ext. 109 o comunicarse a través del correo electrónico [email protected].

Anexo A
------------------------------------------------------------------------------------------------------------------------------------------------------------------ Formulario de objeción
Si desea objetar la propuesta de aumento de tarifas, puede rellenar este formulario de objeción, separarlo y enviarlo por correo postal a la ciudad de Desert Hot Springs, 11999 Palm Drive, Desert Hot Springs, CA 92240, o entregarlo en persona en la oficina del secretario municipal. A fin de que este formulario se contabilice como una objeción válida en contra del aumento de tarifas propuesto, dicho formulario debe ser firmado y entregado al secretario municipal antes del cierre de la audiencia pública, el 7 de junio de 2022. Solo se permite una objeción parcela o por dirección de servicio.

Favor de proporcionar parcela o Dirección del servicio: __________________________________________________________ □ Me opongo a la propuesta de aumento de tarifas.

Por la presente declaro bajo pena de perjurio que soy el propietario o inquilino de la propiedad arriba indicada o el representante autorizado de la misma.

Firme e imprima su nombre: _____________________________ Fecha:

Por favor, escriba el nombre del propietario: ___________________________ Fecha:

Item Number: 11.