Desert Hot Springs City Council
May 2, 2023

SR-23-104
Property Description Estimated Cost
Total $1,849,387
This amount is too large to be absorbed into the FY22-23 Budget and with the urgency of demolishing these buildings due to safety concerns, it would not be feasible to include them in the upcoming FY23- 24 FY24-25 Two Year Budget. Therefore, Staff is requesting an increase in the FY22-23 Budget appropriations for the Public Safety Fund and to use some of the fund balance in the General Fund to cover these costs. As of 6/30/2022, the General Fund fund balance was $13,435,789. At 6/30/2023, the General Fund fund balance is estimated to be $12,171,428, not including this request.

It is possible for the City to have these costs reimbursed. Staff will place a Nuisance Abatement Assessment on the upcoming property tax rolls for these properties. Once those property taxes are paid, the City will be reimbursed. However, the reimbursement may not happen for several years.

FISCAL IMPACT:

This action will increase budget appropriations by $1,849,387 in the Public Safety Fund in Abatement Expense, account 245-4322-42-24-0000. It will also authorize a transfer of $1,849,387 from the General Fund to the Public Safety Fund and reduce the General Fund fund balance at 6/30/2023 by the same amount.

ATTACHMENTS:

Exhibit 1 - Property Description for Abatement Properties

Property Descriptions for Abatement Properties – May 2, 2023  66700 5th St.
o The Sahara Hotel is a large hotel/spa that has been in violation of numerous CA Health & Safety Codes, Desert Hot Springs Municipal Codes, and Building Code violations since 2017. In 2021 the property was redtagged and deemed unsafe to occupy. Subsequently, the property remained open and accessible, with frequent unauthorized occupants occupying and vandalizing the property. There have been several fires at the property resulting in summary abatements, and abatements by means of abatement warrants. Currently, the City has an abatement warrant to demolish ALL structures on the property and demolition is underway.
 66634 5th St.
o This property is a hotel that has been in violation of numerous CA Health & Safety Codes, Desert Hot Springs Municipal Codes, and Building Code violations since 2017. In 2021 the property was red-tagged and deemed unsafe to occupy. Subsequently, the property remained open and accessible, with frequent unauthorized occupants occupying and vandalizing the property. There have been several fires at the property resulting in summary abatements, and abatements by means of abatement warrants. Currently, the City is overseeing a summary abatement to demolish all structures after a fatal fire in March of 2023.  11285 Mesquite
o This property is a hotel/spa that has been abandoned and in violation of numerous CA Health & Safety Codes, Desert Hot Springs Municipal Codes, and Building Code violations since approximately 2015. The property was frequently open and accessible, with regular unauthorized occupants occupying and vandalizing the property. After a substantial fire in February of 2023, the City obtained an abatement warrant to demolish ALL structures on the property. The demolition has been completed and the property has been returned to its original state.
 68175 Club Circle
o This property is a standalone garage that has been abandoned and in violation of numerous CA Health & Safety Codes, Desert Hot Springs Municipal Codes, and Building Code violations since approximately 2012.

The property was frequently open and accessible, with regular unauthorized occupants occupying and vandalizing the property. The City obtained an abatement warrant to demolish the structure in March of 2023. The demolition has been completed and the property has been returned to its original state.
 68165 Club Circle
o This property is a fire-damaged hotel/spa that has been abandoned and in violation of numerous CA Health & Safety Codes, Desert Hot Springs Municipal Codes, and Building Code violations since approximately 2012.

The property was frequently open and accessible, with regular

unauthorized occupants occupying and vandalizing the property. The City obtained a warrant to demolish the structure in February of 2023. The demolition has been completed and the property has been returned to its original state.
 66022 Desert View
o This property is a single-family residence that became dilapidated and unmaintained after the property owner passed away. His son remained living in the home and caused significant damage and accumulation of a vast amount of blight, junk, and outside storage. The City obtained an inspection warrant after numerous complaints regarding the condition and activity at the property. Upon inspection of the property the interior structure had been illegally converted without building permits and an illegal addition was attached in the rear. The Building Division red-tagged the structure and deemed it unsafe to occupy. The Code Compliance Division conducted a summary abatement to demolish the illegal addition, bait for rodents, and remove all trash, junk, blight, and fire hazards from the exterior. Additionally, the property was boarded, and secured.
 66220 1st St.
o This property is a vacant fire-damaged quadplex. The property was redtagged by the City in 2021 and is slated for demolition.  66640 Pierson Blvd.
o This is a commercial property that has experienced persistent issues with unauthorized occupants taking refuge in the large tamarisk tree in their rear easement. The City obtained consent to abate and immediately retained a contractor to remove the tree.
 66659 6th St.
o This property is a hotel/spa that has been abandoned and in violation of several Desert Hot Springs Municipal Codes. The property was frequently open and accessible, with regular unauthorized occupants occupying and vandalizing the property.
 66705 6th St.
o This property is a hotel/spa that has been abandoned and in violation of several Desert Hot Springs Municipal Codes. The property was frequently open and accessible, with regular unauthorized occupants occupying and vandalizing the property.
 64150 Pierson Blvd.
o This is a single-family residence that has been abandoned and in violation of numerous CA Health & Safety Codes, Desert Hot Springs Municipal Codes, and Building Code violations since approximately 2012. A hearing officer determined that the property is a public nuisance and granted an order of demotion in 2023. The City is currently seeking an abatement warrant to demolish all structures on the property.

SR-23-099
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: City Council
Prepared by: City Council Sub-Committee on Policy and Procedures: Councilmember, Gary Gardner; and Councilmember, Jan Pye
Subject: Proposed Revisions to Section 13.1 of the "City Council and Commissions Meeting Guidelines and Procedures"
RECOMMENDATION:

That the City Council take any action as it deems fit related to the Council Policies, as amended in Section 13.1.

BACKGROUND:

The City Council appointed Councilmember Pye and Councilmember Gardner (“Subcommittee”) to review and revise the attached City Council and Commissions Meeting Guidelines and Procedures Policy (“Policy”) and bring forth revisions to same to be considered by the City Council as a whole.

DISCUSSION:

During a recent City Council meeting, the City Council adopted certain policy changes, and directed Section 13.1 to come back for consideration after proposed amendments from the Subcommittee. The Subcommittee made changes to Section 13.1, which addresses the process for reimbursement and pre-purchased tickets to Council members at events or meetings.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Proposed Council Policy Revisions

City Council and Commissions

MEETING GUIDELINES AND PROCEDURES POLICY

Meeting Guidelines and Procedures Page i
City of Desert Hot Springs

CITY COUNCIL AND COMMISSIONS

MEETING GUIDELINES AND PROCEDURES

TABLE OF CONTENTS

1.0 MAYOR-ELECT AND COUNCILMEMBERS-ELECT.................................................1

1.1. Ralph M. Brown Act Conduct..................................................................1

2.0 MEETINGS OF THE CITY COUNCIL .......................................................................1

2.1. Applicability of the Ralph M. Brown Act ................................................1

2.2. Applicability of Rosenberg’s Rules of Order ..........................................1

2.3. Majority Vote ............................................................................................1

3.0 LOCATION OF ALL CITY COUNCIL MEETINGS....................................................1

3.1. Location of All Meetings ..........................................................................1

4.0 AGENDA PREPARATION .....................................................................................1

4.1. City Manager............................................................................................1

5.0 PRESIDING OFFICER .............................................................................................2

5.1. Mayor ........................................................................................................2

5.2. Mayor Pro Tem..........................................................................................2

5.3. Absence of Mayor and Mayor Pro Tem.................................................2

6.0 APPOINTMENTS ....................................................................................................3

6.1. Mayor Pro Tem..........................................................................................3

6.2. Councilmember Appointments to Boards, Committee, and Commissions.............................................................................................3

7.0 CLOSED SESSION..................................................................................................4

7.1. Purpose......................................................................................................4

Meeting Guidelines and Procedures Page ii

7.2. Order of Business – Closed Session ........................................................4

7.2.1 Call to Order.................................................................................. 4

7.2.2 Approval of the Agenda.............................................................. 4

7.2.3 Public Comments ......................................................................... 4

7.2.4 Adjourn to the Closed Session .................................................... 4

7.3. Permissible Closed Session Attendees.................................................. 4

7.4. Confidentiality ..........................................................................................5

8.0 REGULAR MEETINGS – OPEN SESSION ................................................................5

8.1. Purpose......................................................................................................5

8.2. Order of Business – Regular Meeting......................................................5

8.2.1 Call to Order...................................................................................5

8.2.2 Roll Call...........................................................................................5

8.2.3 Pledge of Allegiance ....................................................................6

8.2.4 Moment of Inspiration ...................................................................6

8.2.5 Closed Session Report...................................................................6

8.2.6 Approval of the Agenda...............................................................6

8.2.7 Public Comments ..........................................................................6

8.2.8 Public Hearing................................................................................7

8.2.9 Administrative Calendar...............................................................7

8.2.10 Consent Calendar .........................................................................8

8.2.11 Public Comments ..........................................................................8

8.2.12 Mayor and City Councilmember Comments.............................8

8.2.13 City Manager Report.....................................................................9

Meeting Guidelines and Procedures Page iii

9.0 SPECIAL MEETINGS...............................................................................................9

10.0 EMERGENCY MEETINGS.......................................................................................9

11.0 DECORUM AND ORDER .......................................................................................9 EXHIBIT A.......................................................................................................................11

EXHIBIT A-1 ...................................................................................................................12 EXHIBIT B........................................................................................................................13 REFERENCES ..................................................................................................................14

Meeting Guidelines and Procedures Page 1

1.0 MAYOR-ELECT AND COUNCILMEMBERS-ELECT

1.1. Ralph M. Brown Act Conduct
Any person elected to serve as the Mayor or a Councilmember who has not yet assumed the duties of the subject office shall conform his or her conduct to the regulations of the Ralph M. Brown Act (the “Brown Act”) and such persons shall be treated for purposes of enforcement of the Brown Act as if he or she has already assumed office.i

2.0 MEETINGS OF THE CITY COUNCIL

2.1. Applicability of Ralph M. Brown Act
The Ralph M. Brown Act shall govern all meetings of the City Council and qualifying Committees and Commissions, as determined by the City Attorney.

2.2. Applicability of Rosenberg’s Rules of Order
In the absence of a rule herein to govern a point of procedure, Rosenberg’s Rules of Order shall control.

3.3 Majority vote
A majority of the City Council shall mean the majority of the councilmembers in attendance, unless otherwise proscribed by law.

3.0 LOCATION OF ALL CITY COUNCIL MEETINGS

3.1. Location of All Meetings
Meetings of the City Council shall be held at the place designated by ordinance within the jurisdictional boundaries of the City of Desert Hot Springs.ii

4.0 AGENDA PREPARATION

4.1. City Manager
It shall be the responsibility of the City Manager, assisted by the City Clerk, to prepare all City Council meeting agendas, including the various boards, committees or commissions that the City Councilbody may sit as.

Requests for placement of an item on agenda must be submitted to the City Manager by staff.

The City Manager shall have sole discretion as to the agenda content, with the exception of those items submitted and/or requested by Council

Meeting Guidelines and Procedures Page 2
as adopted by Resolution, as amended, but which currently is as follows:

Solely with respect to placing future items on the agenda by councilmembers or the mayor, the city manager is authorized and directed to do so as follows:
(1) by direction of the mayor; and
(2) by direction of two city councilmembers.

Councilmembers wishing to place items on a future agenda shall submit requests to the city manager at least ten (10) days before the council meeting. The items shall be placed on the agenda for discussion purposes only, and not as action items. The item shall identify the mayor or councilmembers making the request and contain a brief description of the subject matter. The city council, during the discussion item, will consider whether to direct staff to place an item on a future agenda for action. Upon direction of a majority of the city council present, staff will prepare a staff report and other documents as may be needed for any future action item.

This policy does not affect urgency items, which are those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the
councilmember subsequent to the distribution of the agenda.

5.0 PRESIDING OFFICER

5.1. Mayor
The Mayor shall preside at the meetings of the City Council.iii

5.2. Mayor Pro Tem
If the mayor is absent or unable to act, the Mayor Pro Tem shall serve until the Mayor returns or is able to act.iv The Mayor Pro Tem shall have all of the powers and duties of the Mayor in his or her absence.v

5.3. Absence of Mayor and Mayor Pro Tem
In the absence of the Mayor and Mayor Pro Tem, the majority of the three remaining Councilmembers shall select by majority vote of the councilmembers in attendance who shall serve as the presiding officer.

Meeting Guidelines and Procedures Page 3

6.0 APPOINTMENTS

6.1. Mayor Pro Tem
The position of Mayor Pro Tem shall be appointed by the Mayor and ratified by the majority of the City Council at the first regularly scheduled Council meeting of December of each year.

6.2. Councilmember Appointment to Boards, Committees, and Commissions
The appointments shall be made pursuant to Chapter 2.24 “Departments, Boards, and Commissions” of the DHSMC, as amended. Mayor shall appoint Council members to all City and intergovernmental Boards and Committees.

6.3 Commissions.

Pursuant to DHSMC Chapter 2.24, the Mayor and each City Councilmember shall appoint one member to each commission, created by the City Council, subject to ratification by a majority vote of the City Council, and in compliance with the City Council and Commissions Meeting Guidelines and Procedures.

Pursuant to DHSMC Section 2.24.020, appointments to Commissions are made at the first regular City Council meeting in January following each regular election year.

In furtherance of DHSMC Sections 2.24.020(a) dealing with Commission appointments, and 2.24.030(a) dealing with
Commission vacancies, all members of the City Council shall have an opportunity to review the applications of the Commission applicant(s) as follows:
a. The Councilmember who is responsible for the appointment of a Commissioner shall notify the City Clerk prior to time the agenda is posted for the meeting at which the proposed Commissioner appointment is to be made of the name of the proposed
Commissioner. The City Clerk shall include the names and applications of all persons who submitted an application for the Commission in the agenda packet, including that of the
proposed Commissioner.
b. The proposed Commissioner, but not all applicants, shall appear at the council meeting when the appointment is being made and shall be available to answer questions from the

Meeting Guidelines and Procedures Page 4
councilmembers.
c. If an appointment to any Commission is not made within 60 days of vacancy, the Mayor, or Mayor Pro Tem in the Mayor’s
absence, shall make the appointment, subject to ratification by a majority of the City Council present at the meeting.

6.4 Commissioner Conduct.

6.4.1 Members of all City Commissions are required to maintain a professional and courteous decorum during public meetings and will not act in a way that compromises or embarrasses the City, and shall be devoid of any personal attacks, profanity, bullying, acts of intimidation, threats, or partisan political statements.

6.4.2 Commissioners are expected to be fully familiar with all agenda items and must adequately prepare for commission meetings.

6.4.3 Commissioners must not use confidential information to further a personal interest and must not disclose confidential information.

Commissioners must publicly disclose any personal interests and abstain from participation in a matter in which the commissioner has a personal interest or conflict and will leave the meeting while the item is being discussed and acted upon.

6.4.4 Violations are subject to the provisions of Section 12.

7.0 CLOSED SESSION

7.1. Purpose
The City Council may only hold a closed session to discuss the matters listed under the Brown Act.

7.2. Order of Business – Closed Session
The order of business for a Closed Session shall be listed on the agenda and may include:

7.2.1 Call to Order
The designated presiding officer may call the Closed Session to order as soon as a quorum of the City Council is present but no sooner than the time the Closed Session has been posted to commence.

7.2.2 Approval of the Agenda

Meeting Guidelines and Procedures Page 5
The City Council may approve the Closed Session agenda
prior to adjourning to the closed session. A majority vote of the City Council is required to change the order of the agenda or remove an item from the closed session agenda.

7.2.3 Public Comments
(a) The public may address the City Council on any Closed Session item prior to the Council Adjourning to closed
session, under the established rules of decorum for public comments and testimony in general; and
(b) The City Council is prohibited from taking any action on any item not appearing on the agenda unless the action
is otherwise authorized by law.

7.2.4 Adjourn to the closed session meeting
The presiding officer shall adjourn to the closed session meeting.

7.3. Permissible Closed Session Attendees
Attendance of a closed session is limited to those persons actually necessary to advise or take direction from the City Council on a specific agenda item for that session.

7.4. Confidentiality
(a) Proceedings conducted in Closed Session are deemed
confidential and no person in attendance at a Closed Session shall publicly disclose the discussions or the actions taken in Closed Session, unless otherwise permitted or required under the law.vi Penalties and remedies are set forth in state law; and (b) All attendees at a closed session shall place all personal electronic devices capable of audio or video recordings in the “off” mode and such items will be placed in a designated location where they are inaccessible during the meeting.

Upon completion of the closed session agenda items, the council shall adjourn the closed session and reconvene in regular open session.

8.0 REGULAR MEETINGS – OPEN SESSION.

8.1. Purpose

Meeting Guidelines and Procedures Page 6
Regular meetings shall be an opportunity to conduct City business, and shall involve approval of the minutes of the last meetings, proclamations, awards, councilmember reports, committee reports, staff reports, public hearing, audience communications, and all other scheduled business.

8.2. Order of Business – Regular Meeting

8.2.1 Call to Order
The designated presiding officer shall call the Regular meeting to order as soon as a quorum of the City Council is present but no sooner than the time the Regular meeting has been posted to commence.

8.2.2 Roll Call
(a) The City Clerk shall take a verbal roll call of all Councilmembers present at the Regular meeting
immediately after the designated presiding officer calls the Regular meeting to order and the names of those
present and absent shall be entered in the minutes;
(b) The order of the roll call shall be alphabetical except that the Mayor shall be called last; and
(c) If a quorum of the City Council is present, the City Clerk shall declare for the record that a quorum is present.

8.2.3 Pledge of Allegiance
The Presiding Officer shall designate any individual at the meeting to lead the City Council, City administrative staff and the public in reciting the Pledge of Allegiance to the United States flag.

8.2.4 Moment of Inspiration
The Presiding Officer may designate any individual at the meeting to deliver a non-denominational moment of
inspiration.vii

8.2.5 Closed Session Report
After any closed session, the City Council shall reconvene into open session. The City Attorney shall disclose the action taken in the closed session pertaining to subject matters permitted under the Brown Act. If a closed session occurs at the end of a meeting, the City Attorney shall also disclose the

Meeting Guidelines and Procedures Page 7
action taken at the next regular meeting during the agenda item titled City Attorney Report on Closed Session.

8.2.6 Approval of the Agenda
The City Council shall approve the agenda. A majority vote of the City Council is required to remove items from the agenda. Councilor’s requests for items to be removed from consent agenda will be announced prior to the approval of the agenda.

8.2.7 Public Comments
The public shall have an opportunity to directly address the City Council on any item of interest to the public that is not on the agenda but is within the subject matter jurisdiction of the City Council.viii
(a) The City Council is prohibited from taking any action on any item not appearing on the agenda unless the action
is otherwise authorized by law;
(b) Each speaker shall be entitled to speak during the public comment period for a total of three minutes unless waived by the presiding officer or a majority of the City Council; andix
(c) At the discretion of the providing officer, public comments may be continued to a point in the meeting after the
official business on the agenda has been concluded.

8.2.8 Public Hearing
Any written documentation to be considered by the City
Council at a public hearing, whether provided by a member of the public or a Councilmember, must also be presented to the City Clerk, who shall be responsible for retaining the original of the document as a public record and delivering a copy to each of the Councilmembers and relevant City
personnel.

Unless otherwise required by state law or the Municipal Code, public hearings shall be conducted in the following order:
(a) Staff introduction and review;

Meeting Guidelines and Procedures Page 8
(b) Open Public Hearing;
(c) Testimony by person who is the subject of the hearing (Proponent/Applicant);
(d) Speakers in support of the request;
(e) Speakers opposing the request;
(f) Speakers neutral;
(g) Applicant rebuttal (defined as responding to objections from speakers; Proponent/Applicant shall not discuss new topics);
(h) Public testimony closed by the Presiding Officer: Public testimony may need to be re-opened if applicant or other member of the public is permitted to speak following
closure of the public hearing to ensure that the conduct of the hearing conforms to all relevant due process
requirements;
(i) Deliberation by Councilmembers: Councilmembers are
encouraged to address questions to City staff only so as to avoid the necessity of reopening the public hearing to
ensure that the conduct of the hearing conforms to all
relevant due process requirements; and
(j) Action by City Council

8.2.9 Administrative Calendar
The Administrative Calendar includes those that do not
involve a public hearing and those that cannot be added to the consent calendar. Typically, administrative items include consideration of proposed ordinances and all other items that require discussion amongst the Councilmembers.

8.2.10 Consent Calendar
(a) The consent calendar is intended to save time by allowing approval of several routine, non-controversial items with a single motion and may include the second reading of
ordinances;
(b) The individual items will not be discussed or debated unless pulled from the Consent Calendar for the discussion. Items may be pulled from the consent calendar by any member
of the council, at the time the agenda is approved; and (c) Consent Calendar items shall include, but are not limited

Meeting Guidelines and Procedures Page 9
to:
(i) Approval of Minutes.

A motion to approve is not required, except in the
instance where there is disagreement among the
Councilmembers concerning a correction.
(ii) Register of Demands.

The demand register listing the charges made
against each budgetary fund and account since
the previous City Council meeting may be
approved by a majority of the Council.

8.2.11 Public Comments
All remaining speakers shall be afforded an opportunity to speak at this time on any item not listed in the Regular meetings agenda. Each speaker will be afforded three (3) minutes to speak, unless more time is granted by the presiding officer.

8.2.12 Mayor and City Councilmember Comments
The Mayor or any Councilmember may report on meetings
attended for other governmental agencies on behalf of the city, attendance at community events, and meetings with constituents or other groups as well as bringing any new business before the Council under Mayor and
Councilmember Comments portion of the Agenda. No
discussion of such items shall be allowed and no action on such matters may be taken until a subsequent meeting,
unless such item is deemed to be an urgency or emergency item. The Mayor or any Councilmember may respond to any public comment on an item or matter which has not been
placed on the Agenda.

8.2.13 City Manager Reports
The City Manager shall report on informational matters such as meetings or events which may be of potential interest to the City Council and the status of any state and national legislation that may impact the City, progress on upcoming or ongoing city projects, reports on city financial matters, updates on police and fire department issues, city personnel, and any other items the city manager shall deem of interest to the council.

9.0 SPECIAL MEETINGS

Meeting Guidelines and Procedures Page 10
The City Council may call Special Meetings in compliance with the Ralph M. Brown Act.

10.0 EMERGENCY MEETINGS
The City Council may call Emergency Meetings in compliance with the Ralph M. Brown Act.

11.0 MEETING DECORUM AND ORDER

11.1 Desert Hot Springs officials and employees will treat members of the public with respect and expect the same in return. The City is committed to maintaining orderly City Council meetings, free from disruption.

11.2 All interactions between City staff, City elected officials, and members of the public will be conducted in a respectful manner. A Council Member may not speak during a meeting unless first recognized by the presiding officer.

11.3 Threats of violence will not be tolerated.

11.4 Loud, insulting, demeaning or offensive communications will not be tolerated if they substantially impair the effective conduct of the meeting.

11.5 The City will not tolerate any individual, employee, or elected official who disrupts or threatens to disrupt City government operations, threatens the health and safety of staff or councilmembers, willfully causes property damage, uses loud and/or offensive written or oral language which could provoke a violent reaction, or who has otherwise established a continued pattern of uncivil behavior.

11.6 No person attending a Public Meeting shall engage in disorderly or boisterous conduct, which substantially impairs the effective conduct of the meeting, including but not limited to excessive applause, excessive whistling, excessive stamping of feet, excessive booing or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.

11.7 All remarks by members of the public shall be addressed to the Mayor or presiding officer and not to any other member of the

Meeting Guidelines and Procedures Page 11
public or to a single Council, Board or Commission Member unless in response to a question from that Member.

11.8 Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item substantially impairs the effective conduct of the meeting.

11.9 The presiding officer shall be responsible for maintaining the decorum at the public meeting and uniformly enforcing the rules of decorum.

11.10 If any person continues to breach the rules of decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting following an order from the presiding officer to cease the conduct, the presiding officer may order the person to leave the public meeting.

11.11 If any person refuses to leave the public meeting following an order from the presiding officer, the presiding officer may order any law enforcement officer on duty to remove the person from the public meeting.

11.12 Except as otherwise specifically allowed and consented to by the presiding officer, no member of the public shall be permitted in any of the following areas:
(a) Behind the dais;
(b) Behind the area where City Staff sits; or
(c) In the well area, which is the open area directly in front of the dais and extending outward to the podium area.

12.0 COUNCIL AND COMMISSION MEMBER CONDUCT

12.1 The standards of conduct established here are intended to be selfenforcing by the City Council, and apply to the members of the Council, including the Mayor, and appointed members of city commissions.

12.2 City Council members and appointed Commissioners are expected to adhere to all official personnel policies and standards adopted by the city and as contained in the personnel handbook(s) and guidance used by the city for all employees. All council members and commissioners shall be given a policy handbook upon taking office and will sign a statement acknowledging receipt of the policies and agreeing to abide by them.

Meeting Guidelines and Procedures Page 12

12.3 The Mayor or Mayor Pro Tem, if the Mayor has an actual or perceived conflict, shall intake any complaint regarding a proposed sanction of a council member or appointed
commissioner, including the Mayor. All complaints regarding a proposed sanction must come from a minimum of two (2)
councilmembers. The complaint regarding a proposed sanction shall be placed on an agenda for discussion purposes only. If approved by the majority of the City Council, the proposed sanction shall be placed on the next available City Council agenda for action.

13.0 MISCELANEOUS COUNCIL AND COMMISSION MEMBER CONDUCT

PROVISIONS

13.1 If a council member or commissioner requests the city to prepurchase or pay for the member to attend an event or meeting and the member is not subsequently able to attend that meeting or event, he or she must notify the city manager and attempt to find an alternate attendee who is a suitable representative for the city such as an appointed commissioner or a city staff member.

If the council member or commissioner does not attend or find an alternate attendee, then the city will not purchase or pay for future events or meetings for that member. The member may use personal funds to purchase a ticket or pay for attendance and be reimbursed as authorized by the city manager upon presentation of proof of attendance.

13.2 The City may provide city logo branded items to appointed commissioners. Such items may only be worn or used when attending city council and official commission meetings, or at conferences, training sessions, and community events when the commissioner is acting in their official capacity as a commissioner or attending a meeting with a city council member. An initial violation of this policy would result in a letter of reprimand from the city attorney. Additional violations would result in removal from the appointment.

Meeting Guidelines and Procedures Page 13
Exhibit A

WORKFLOW TO ADD ITEMS TO ANY CITY COUNCIL AGENDA
City Manager
City Council Meeting
agendas are managed
and prepared by the
City Manager, assisted
by the City Clerk
Mayor City Attorney Any Two
Councilmembers

Meeting Guidelines and Procedures Page 14
Exhibit A-1

WORKFLOW TO ADD ITEMS TO ANY COMMISSION OR COMMITTEE AGENDA Chair City Attorney Any Two Commissioners/
Committee Members
City Manager
Commission/Committee
Meeting agendas are
managed and prepared by
the City Manager, assisted
by the City Clerk

Meeting Guidelines and Procedures Page 15
Exhibit B

WORKFLOW TO CALL A SPECIAL MEETING
Mayor
City Manager
Any
three Councilmembers
City Council Meeting
agendas are managed and
prepared by the
City Manager, assisted by
the City Clerk

Meeting Guidelines and Procedures Page 16

REFERENCES
i. Govt. Code ' 54952.1; (mayor-elect, councilmember-elect) ii. Govt. Code ' 54954, subd. (a); (location of meeting; general rule) iii. Govt. Code ' 36802; (presiding officer)
iv. Govt. Code ' 36802 (presiding officer)
v. Govt. Code ' 36802 (presiding officer)
vi. Attorney General Opinion 87-410
xvi. Marsh v. Chambers 463 U.S. 783 (1983) (invocation) viii. Govt. Code ' 54954.3 subd. (a); (opportunity for public to address city council) ix. Govt. Code ' 54954.3 subd. (b); (public comments; time limitations)

SR-23-095
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Meeting Schedule for Summer/Winter 2023 RECOMMENDATION:

Approve the proposed City Council Meeting Schedule for Summer/Winter 2023.

BACKGROUND:

Regular meetings of the City Council are held on the first and third Tuesday of each month commencing at 6:00 P.M.

To allow for summer and holiday related absences, City Council meetings are cancelled (dark) to allow for the City Council and Staff to schedule vacations and spend time with family within these planned breaks.

DISCUSSION:

Staff proposes the following meeting schedule through January 2023.

July 18, 2023 DARK
August 1, 2023 DARK
August 15, 2023 DARK
December 19, 2023 DARK
January 2, 2024 DARK
FISCAL IMPACT:

The proposed schedule would provide for cost savings due to un-needed live filming and video recording services.

SR-23-098
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: County Service Area 152 (CSA 152) Budget and Proposed Assessment For Fiscal Year 2022-23 Assessment For Fiscal Years 2023-24, 2024-25, and 2025-26
RECOMMENDATION:
1) Review the budget and assessment for County Service Area 152; and 2) Adopt a Resolution of the City Council making its findings and establishing the rates for County Service Area 152 to fund the City's National Pollutant Discharge Elimination System (NPDES) Permit.

BACKGROUND:

County Service Area 152 National Pollutant Discharge Elimination System Stormwater Program, (CSA 152-NPDES), was formed and established in November 1991 by the County of Riverside. CSA 152 was necessary to fund requirements for public agencies to implement and comply with the National Clean Water Act permit. The City is a co-permittee with the County and other Coachella Valley agencies. The permit provisions implement the following policies, programs and/or procedures:
• Storm drain construction, maintenance and inspection; • Public Works and Planning staff time implementing new requirements for development projects; • Construction and business inspections;
• Ordinance development and enforcement;
• Water quality sampling and monitoring programs;
• Compliance plan development and implementation;
• Street Sweeping.

DISCUSSION:

All properties within City limits are assessed a CSA 152 fee based on their corresponding Benefit Assessment Unit (BAU) rate. The BAU rates are calculated based on the type of use of the property.

A list of the various BAU rates and corresponding types is shown in Exhibit 1.

The City can only utilize CSA 152 funds for implementing the NPDES program. The City’s expenses include, city-wide catch basin clean-up, NPDES regional permit fees, NPDES state permit fee, and a portion of expenses for Street Sweeping services, a detailed annual budget is shown in Exhibit 2.

SR-23-098
Current rates in CSA 152 are $10.00 per BAU. The maximum rate was established in CSA 152 at $10.00 per BAU; therefore, no balloting per Proposition 218 is required at the maximum rate. However, any assessment being proposed that exceeds the pre-determined maximum rate would require a public hearing and balloting process.

At this BAU rate, residential parcels are assessed $10.00 per year. The City currently collects approximately $146,400, which covers the $146,400 annual budget in expenses resulting in a reserve of approximately $0 (zero) dollars. All additional NPDES expenses are paid through other sources including the City’s General Fund.

Staff is recommending that the City council adopt the Resolution (Exhibit 3) and direct the City Clerk to transmit a certified copy of the Resolution to the County.

FISCAL IMPACT:

The $10.00 BAU rate will generate approximately $146,400 in annual funds to offset NPDES program implementation expenses for FY23-24, FY24-25, and FY25-26. These funds and proposed expenditures will be included in the Adopted Budget for FY23-24, FY24-25 and FY25-26.

ATTACHMENTS:

Exhibit 1 - Benefit Assessment Units
Exhibit 2 - NPDES Annual Estimated Budget - CSA 152
Exhibit 3 - Resolution CSA 152 FY23-24, FY24-25 and FY25-26

Group Type BAUs
Group A Comercial, Industrial (Factories, Strip Malls, Shopping Centers, Office Buildings) 12 BAUs/Acre Group B Apartments, Mobile Home Parks, Churches, Schools 9 BAUs/Acre Group C Single Family Residential 1 BAUs/Acre
Group D Argriculture, Poultry, Irrigated Crops, Cultived Crops, Dairies, Livestrock, Feeding Yrads, Vacant Undeveloped Land 0 BAUs/Acre Group E Golf Courses, Private Parks 0.10 BAUs/Acre
Group F Parcels with Miscellaneous Structures 0.05 BAUs/Acre Benefit Assessment Units Page 1077 of 1106
NPDES Annual Budget
Item Description Cost Estimate
City-wide Catchbasin clean-ups Annual maintenance of strom water catchbasins $50,000.00 Tax Administration Fee Property Tax Administration $2,000.00 NPDES Regional Permit NPDES Regional MS4 Permit cost share with co-permitees $20,000.00 NPDES State Permit State Water Resources Control Board Permit $10,000.00 Street Sweeping Annual Street Sweeping $64,400.00
Total Estimated Annual Budget $146,400.00

RESOLUTION NO. 2023-

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

SPRINGS, CALIFORNIA MAKING ITS FINDINGS AND ESTABLISHING THE RATES FOR COUNTY SERVICE AREA 152 TO FUND THE CITY’S NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
WHEREAS, the City of Desert Hot Springs (“City”) is a co-permittee under the National Pollution Discharge Elimination System (“NPDES”); and
WHEREAS, under the NPDES Permit and the NPDES Municipal Separate Storm Sewer System (“MS4”) Permit, the City is required to monitor, inspect and clean the City’s storm channels so as to prevent unauthorized and potentially hazardous discharge into the Whitewater River Watershed and carry out programs and activities to maintain compliance with the MS4 Permit; and
WHEREAS, on December 21, 1993, the City was annexed into County Service Area (“CSA”) 152 to assist in funding the City’s responsibilities under the NPDES Permit; and WHEREAS, the County of Riverside (“County”), by its Resolution No. 93-454 annexed the City into CSA–152; and
WHEREAS, when the County established CSA–152, the maximum assessment per benefit assessment unit (“BAU”) was set at $10.00; and
WHEREAS, the City Council of the City of Desert Hot Springs established and set the rates for CSA – 152 and adopted an Administrative Services Agreement for CSA 152 Program Between Riverside County and the City to fund the City’s NPDES Permit to operate and maintain the City’s drainage and flood control systems and set the City’s annual assessment rate at $10.00 per “BAU”, and authorized the County of Riverside to levy assessments under CSA-152 for the benefit of the City; and
WHEREAS, the current NPDES (MS4) Permit adopted on June 27, 2013, requires the City to inspect, clean, and maintain all of the City’s storm channels; increases the frequency of inspection of construction and industrial and commercial businesses; and further requires the City to develop programs to reduce bacteria pollution in the Santa Ana River; and WHEREAS, NPDES (MS4) Permit program requirements have increased compliance costs for the City, and the City annual assessment was increased to the maximum allowed in Fiscal Year 15-16 to the maximum rate of $10.00 to provide funds for the increased cost; and WHEREAS, in order to recover NPDES (MS4) Permit program costs the City finds it necessary to authorize the County to continue CSA 152 assessments effective with the 2023/2024, 2024/2025/ and 2025/2026 property tax bills at $10.00 per BAU.

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

Section 1. The City Council hereby finds and determines that the recitals set forth above are true and correct.

Section 2. Based upon the facts set forth herein, the City Council finds that CSA – 152 charges are assessments that confer benefits upon each parcel of property subject to the assessments. Pursuant to Section 5(a) of Article XIIID of the California Constitution, the CSA – 152 Desert Hot Springs assessments are exempt from the procedures and approval process because CSA – 152 existed before the effective date of Article XIIID, and the $10 assessment was established prior to the effective date of Proposition 218. The annual assessment does not exceed the maximum assessment and does not constitute an increase in assessment for purposes of Article XIIID.

Section 3. That the City of Desert Hot Springs requests that the Riverside County Board of Supervisors impose the CSA–152 assessments within the City of Desert Hot Springs to $10.00 per benefit assessment unit for the fiscal years of 2023/2024, 2024/2025/ and 2025/2026.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the May 2, 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
[SIGNATURES FOLLOW ON THE NEXT PAGE]

ATTEST: APPROVED:

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

Jennifer A. Mizrahi, City Attorney

SR-23-100
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Resolution Listing Projects to be Funded by Senate Bill 1 for Fiscal Year 2023-2024
RECOMMENDATION:

Adopt a Resolution of the City Council listing projects to be funded in Fiscal Year 2023-2024 by Senate Bill 1 (SB1)– Road Maintenance Rehabilitation Account (RMRA) Funds with an estimated amount of $1,390,973.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB 1) the Road Repair and Accountability Act of 2017 into law. SB1 provides funds used to address road maintenance, rehabilitation and critical safety needs on both the state highways and bridges, and local streets and road system. SB 1 utilizes the per gallon fuel excise taxes; diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.

A percentage of this RMRA funding will be apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. It is important to note that all new revenues received through the increased Gas Tax must be dedicated to capital improvement projects, and cannot be used for personnel or other administrative costs. Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. SB1 Established the following requirements for the program:
• Cities are required to submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be included in a city or county budget that is adopted by the City Council at a regular public meeting.
• The list of projects must include the description and location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement.
• For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that includes the description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvements.

SR-23-100
DISCUSSION:

Based on the latest State Department of Finance projections, the projected revenue for RMRA funds for Fiscal Year 2023-2024 for the City of Desert Hot Springs is $805,113. This projected revenue was obtained from the Local Streets and Roads – Project FY2023-24 Revenues. The estimates are subject to change based on actual taxes received.

Staff has reviewed all eligible projects per the SB1 program requirements, including our proposed Capital Improvement Program (CIP) for Fiscal Year 2023-24, and our current Pavement Management Plan, and based on all of the criteria Staff is recommending incorporating the following projects to be funded in Fiscal Year 2023-2024 by Senate Bill 1 (SB1):
• ATP Cycle 4 – Hacienda Avenue Design ($94,940)
• Citywide Annual Slurry ($30,000)
• HSIP 9-1 – Palm Drive Safety Improvements ($67,900)
If approved an estimated total of $192,840 will be funded through SB1 – RMRA funds. The current fund balance for SB1 is $1,206,482 as of April, 2023. A total of $982,333 is budgeted for FY22-23, with only $70,581 having been paid of the budget. A total of $291,130 in remaining allocations are due to the city this fiscal year, for a total remaining carryover balance into FY23-24 of $$585,860. With a projected revenue of $805,113, the total funds available will be $1,390,973 for the 2022-2023 fiscal year.

FISCAL IMPACT:

If approved, an estimated total of $192,840 will be funded through SB1-RMRA funds for the 2023-2024 fiscal year.

ATTACHMENTS:

Exhibit 1 - FY SB 1 Project List Resolution

RESOLUTION NO._______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24

FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $805,113 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City construct missing sidewalks, bike lanes, and rehabilitate Hacienda Avenue, safety improvements along Palm Drive,

as well as complete various other road rehabilitation projects throughout the City this year and many other similar Street Improvement Projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology in recycling materials, will have significant positive impact to the City’s road network and overall community City-wide and positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:
a. Project Title: ATP Cycle 4 – Hacienda Avenue
Project Description: Design of new sidewalks, ADA ramps, streetlights, bike lanes, grind and overlay of asphalt, striping markings and addition of buffered bike lanes.

Project Location: Hacienda Avenue between West Drive and Tamar Drive Estimated Project Schedule: Start (01/21)– Completion (03/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years for the repaired roadway b. Project Title: Citywide Annual Slurry
Project Description: Slurry of roadways in need of repair (as-needed) Project Location: City-wide based upon Pavement Management Plan Estimated Project Schedule: Start (07/23)– Completion (06/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5-10 years

c. Project Title: HSIP 9-1 Palm Drive Safety Improvements Project Description: Design and construction support for the upgrading of standard pedestrian signal heads, upgrading to accessible pedestrian singal, and continental style crosswalks with limit lines.

Project Location: Various intersections along Palm Drive at Pierson Boulevard, Hacienda Avenue, Ironwood Avenue, Camino Campanero and Dillon Road
Estimated Project Schedule: Start (07/23)– Completion (11/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years

* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Desert Hot Springs held on the 2nd day of May, 2023 by the following vote:

AYES: 0
NOES: 0
ABSENT: 0
ABSTAIN: 0
ATTEST: APPROVED:

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

Jennifer A. Mizrahi, City Attorney

SR-23-106
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Special Meeting (Closed Session) Minutes: April 17, 2023 City Council Regular Meeting Minutes: April 18, 2023
RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Special Meeting (Closed Session) Minutes - April 17, 2023 DRAFT Draft City Council Regular Meeting Minutes - April 18, 2023

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
4:00 PM - Monday, April 17, 2023
Council Chambers

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:00 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session Item.

CLOSED SESSION:

1. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Unrepresented employee: City Manager

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

ADJOURN
Mayor Matas adjourned the meeting at 6:00 P.M.

Jerryl Soriano, CMC, City Clerk

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, April 18, 2023
Council Chambers
CLOSED SESSION - 4:30 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session Items.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (City of Desert Hot Springs v. De La Rosa, et al.; Riverside Superior Court Case Number PSC1802371)

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et al.; Riverside Superior Court Case Number CVPS2104940)

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (In Re: 66220 1st Street Desert Hot Springs, California 92260; Riverside Superior Court Case Number CVRI2204747)

4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION

City Council
April 18, 2023
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Newrez, LLC dba Shellpoint Mortgage Servicing vs City of Desert Hot Springs, et al.; Riverside Superior Court Case Number CVPS2301298)

5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (two potential cases)

6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (City of Desert Hot Springs v. Cay, LLC;
Riverside Superior Court Case Number CVPS2300272)

7. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (City of Desert Hot Springs v. Irene Valenti, et al.; Riverside Superior Court Case Number PSC1802698)

8. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Joseph Miner v. City of Desert Hot Springs; Riverside Superior Court Case Numbers CVPS2106001, APRI2200098, APRI2200109)

9. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Joseph Miner v. City of Desert Hot Springs; Riverside Superior Court Case Numbers CVPS2106016, APRI2300007)

10. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Joseph Miner v. Christina Newsom, et al.; United States District Court Case Number 8:22-cv-01043-CAS-MAA)

11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property:13700 Palm Drive, Desert Hot Springs, CA 92240 (APN 641-294- 042); and 17825 Indian Avenue, Palm Springs, CA 92258 (APNs 666-150-003, 666-150-007, and 666-150-008)
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Under Negotiation: Price and Terms

12. CONFERENCE WITH LABOR NEGOTIATORS

City Council
April 18, 2023
(Government Code Section 54957.6)
Unrepresented employee: City Manager
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas

INVOCATION
Bishop Robert Taylor gave the Invocation.

PLEDGE OF ALLEGIANCE
Councilmember Gardner led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

APPROVAL OF AGENDA
ACTION: Approve the April 18, 2023 Regular Meeting agenda.

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

PUBLIC COMMENTS
Tom Moen suggested that the City assist residents in wind proofing their homes; and expressed concerns regarding lane widths on Palm Drive.

CITY MANAGER REPORT

City Council
April 18, 2023
Geoffrey Buchheim, Administrative Services Director, provided a financial update.

Nicholas Haecker, Public Works Director, provided an update regarding various Public Works projects.

Roberta Crncic, Recreation and Community Services Director, provided Recreation Center updates and announcements.

MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Betts reported on the various meetings and events he attended.

Councilmember Gardner reported on the various meetings and events he attended.

Mayor Pro Tem Nuñez reported on the various meetings and events he attended.

Councilmember Pye reported on the various meetings and events she attended.

Mayor Matas reported on the various meetings and events he attended.

Item 17 was considered at this time.

PUBLIC HEARINGS:

13. Transfer of Ownership Modification Fees Related to Cannabis Facilities Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony from those in favor;
5) Take testimony from those opposed;
6) Take testimony from those in a neutral position;
7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, County of Riverside, State of California, Adopting the Transfer of Ownership Modification Fees Related to Cannabis Facilities and the Nexus Study Prepared Therefor. (Exempt from CEQA per Guidelines Section 15061(b)(3))
Staff Report - SR-23-070 - Pdf
Christina Newsom, Compliance Director, presented the staff report.

Mayor Matas opened the Public Hearing.

City Council
April 18, 2023
There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-010.

Moved by Mayor Pro Tem Nuñez
Seconded by Council Member Gardner
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

14. Temporary Cannabis Cultivation Tax Reduction Ordinance Recommendation:
1) Receive public input on the proposed ordinance; and
2) Introduce for First Reading, and Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapters 3.33 (titled “Marijuana Cultivation Tax”) and 3.35 (titled “Medical Marijuana Cultivation Tax”) to amended sections 3.33.005 (titled “Imposition of Tax”) and 3.35.005 (titled “Imposition of Tax”) to lower recreational and medical cultivation taxes of the Desert Hot Springs Municipal Code (“DHSMC”) during the temporary term of January 1, 2023, to June 30, 2023.

Staff Report - SR-23-092 - Pdf
Sean Smith, Economic Development Director, presented the staff report.

Jennifer Mizrahi, City Attorney, stated a correction to the ordinance that the amount should read $5.10 instead of $5.00.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

A discussion ensued.

ACTION: Approve Staff recommendation with corrections stated by the City Attorney.

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
As an amended motion, Councilmember Betts moved to set the amount at $5.00 instead of $5.10. The motion failed for lack of a second.

The original motion carried 4-1 by the following votes:

City Council
April 18, 2023
AYES: Betts, Gardner, Nuñez, and Matas
NOES: Pye
ADMINISTRATIVE CALENDAR:

15. Lighting and Landscape Maintenance Districts and Drainage Assessment District Initiate Proceedings for the FY 2023-24 Levy and Collection of Assessment
Recommendation:
1) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B for Fiscal Year 2023-24; 2) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Landscape and Lighting Maintenance District No. 2 for Fiscal Year 2023-24; and
3) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2023-24.

Staff Report - SR-23-088 - Pdf
At this time, straws were drawn under the Rule of Necessity because a majority of the City Council members present had a potential conflict of interest.

Mayor Matas and Mayor Pro Tem Nuñez recused from the proceedings due to a potential conflict of interest.

Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution Nos. 2023-012 (Citywide LLMD No. 1), 2023-013 (LLMD No. 2), and 2023-014 (DAD No. 1).

Moved by Council Member Pye
Seconded by Council Member Gardner
Carried 3-0 by the following votes:

AYES: Betts, Gardner, and Pye
RECUSE: Nuñez and Matas

16. Azure Palm Spa Incentive Update
Recommendation:

Receive and file.

Staff Report - SR-23-090 - Pdf
Sean Smith, Economic Development Director, presented the staff report and responded to questions.

City Council
April 18, 2023
The report was received and filed.

17. Desert Hot Springs Historical Society Funding Request Recommendation:

Consider a funding request from the Desert Hot Springs Historical Society in the amount of $25,000.

Staff Report - SR-23-091 - Pdf
Item 17 was considered following "Mayor and Council Member Reports." Sean Smith, Economic Development Director, presented the staff report and responded to questions.

Robert Griffith, President, Historical Society, addressed the City Council and responded to questions.

Barbara Eastman spoke in support.

Donna Wardean spoke in support.

Joan Fallstone spoke in support.

Dorothy Warren spoke in support.
(Name not provided), spoke in support.

A discussion ensued.

ACTION: Approve the funding request from the Desert Hot Springs Historical Society in the amount of $25,000.

Moved by Council Member Betts
Seconded by Council Member Gardner
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

18. Award Professional Services Agreement for the Design of the Hacienda Avenue Spa Zone Street Improvements
Recommendation:

Authorize the City manager to execute, and make substantive changes as necessary, the Professional Services Agreement for the design of the Hacienda Spa Zone Improvement project with NV5, Incorporated in the amount not to exceed $378,800 with a contingency of $37,880 for any additional work as approved by the City, which brings a total budget of $416,680.

Staff Report - SR-23-086 - Pdf

City Council
April 18, 2023
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Mayor Pro Tem Nuñez
Seconded by Council Member Betts
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

19. Award Construction Contract for the Construction of HSIP 9-1 Palm Drive Safety Improvement Project (Federal Project No. HSIPL-5384(023), City Project No. 3019)
Recommendation:

Award the construction contract agreement to the lowest responsive bidder, Crosstown Electrical & Data, Inc. and authorize the City Manager to execute the agreement, and make substantive changes as necessary, by and between Crosstown Electrical & Data, Inc. and the City of Desert Hot Springs for the Construction of the 9-1 Palm Drive Safety Improvement Project, Federal Project No. HSIPL-5384(023), City Project No. 3019 in the amount of $355,676, and approve a 10% contingency amount of $35,567.60, and asneeded inspection services of $15,720, which brings the total project budget to $406,963.60.

Staff Report - SR-23-087 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

Tom Moen spoke in support.

ACTION: Approve Staff recommendation.

Moved by Council Member Pye
Seconded by Council Member Gardner
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

20. State Homeland Security Grant Program
Recommendation:
1) Support this project and authorize the City manager or her designee to execute this agreement as specified in the FY22 Standard Assurances Federal Grant Programs; and
2) Adopt a Resolution of the City Council of the City of Desert Hot Springs, ratifying the approval and acceptance of the Fiscal Year 2022 State Homeland Security Program Grant, Grant Award #2022-0043 in an amount of up to $60,000.

City Council
April 18, 2023
Staff Report - SR-23-075 - Pdf
Steven Shaw, Deputy Chief, presented the staff report.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-015.

Moved by Council Member Pye
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

21. Carl May Community Center Tenant Improvements - Notice of Completion Recommendation:

Approve the work, accept the project, and direct the City Manager to file the Notice of Completion for the Carl May Center Tenant Improvement Project.

Staff Report - SR-23-089 - Pdf
Nicholas Haecker, Public Works Director, presented the staff report.

ACTION: Approve Staff recommendation.

Moved by Mayor Matas
Seconded by Council Member Betts
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

PUBLIC COMMENTS
Andy Tai distributed and discussed correspondence regarding his property at 11360 Palm Drive.

ADJOURN
Mayor Matas adjourned the meeting at 7:39 P.M.

Jerryl Soriano, CMC, City Clerk

SR-23-097
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of Temporary Cannabis Cultivation Tax Reduction Ordinance
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapters 3.33 (titled “Marijuana Cultivation Tax”) and 3.35 (titled “Medical Marijuana Cultivation Tax”) to amended sections 3.33.005 (titled “Imposition of Tax”) and 3.35.005 (titled “Imposition of Tax”) to lower recreational and medical cultivation taxes of the Desert Hot Springs Municipal Code (“DHSMC”) during the temporary term of January 1, 2023, to June 30, 2023."
BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on April 18, 2023.

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

FISCAL IMPACT:

The 50% reduction for the current tax period equates to an estimated budget shortfall of $1,167,892, which will be backfilled through the Cannabis Emergency Reserve.

ATTACHMENTS:

Exhibit 1 - Staff Report from April 18, 2023
Exhibit 2 - Ordinance Temporary Cultivation Tax Reduction

SR-23-092
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 18, 2023
Department: Economic Development
Prepared by: Sean Smith, Economic Development Director
Subject: Temporary Cannabis Cultivation Tax Reduction Ordinance RECOMMENDATION:
1) Receive public input on the proposed ordinance; and
2) Introduce for First Reading, and Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapters 3.33 (titled “Marijuana Cultivation Tax”) and 3.35 (titled “Medical Marijuana Cultivation Tax”) to amended sections 3.33.005 (titled “Imposition of Tax”) and 3.35.005 (titled “Imposition of Tax”) to lower recreational and medical cultivation taxes of the Desert Hot Springs Municipal Code (“DHSMC”) during the temporary term of January 1, 2023, to June 30, 2023 BACKGROUND:

On April 4, 2023, the City Council approved a temporary 50% reduction in the cannabis cultivation tax for the current tax period of January 1, 2023, through June 30, 2023.

Please see Exhibit 1 for a copy of the April 4th staff report.

DISCUSSION:

The proposed ordinance is memorializing the temporary 50% reduction in the cannabis tax for the current tax period of January 1, 2023 through June 30, 2023.

Introduction for the first reading of the draft ordinance (attached as Exhibit 2) would enact the temporary reduction as previously approved.

FISCAL IMPACT:

The 50% reduction for the current tax period equates to an estimated budget shortfall of $1,167,892, which will be backfilled through the Cannabis Emergency Reserve.

ATTACHMENTS:

Exhibit 1 - April 4, 2023 Staff Report
Exhibit 2 - Cultivation Tax Reduction Ordinance

ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT. SPRINGS, CALIFORNIA, AMENDING CHAPTERS 3.33 (TITLED "MARIJUANA CULTIVATION TAX" AND 3.35 (TITLED "MEDICAL
MARIJUANA CULTIVATION TAX") TO AMENEND SECTIONS 3.33.005 (TITLED "IMPOSITION OF TAX") AND 3.35.005 (TITLED "IMPOSITION OF TAX") TO LOWER RECREATIONAL AND MEDICAL CULTIVATION

TAXES OF THE DESERT HOT SPRINGS MUNICIPAL CODE
(“DHSMC”) DURING THE TEMPORARY TERM OF JANUARY 1, 2023, TO JUNE 30,2023
WHEREAS, the City of Desert Hot Springs (“City”) is a municipal corporation and a charter city; and
WHEREAS, it has come to the City’s attention that various marijuana cultivators have inquired into having the City lower cultivation taxes for Marijuana Cultivation Facilities, as defined by Desert Hot Springs Municipal Code (“DHSMC”) section

17.180.030, and regulated pursuant to DHSMC Section 17.180.050; and WHEREAS, DHSMC Section 3.33.005 as it relates to recreational marijuana cultivation currently imposes taxes as follows, “In the event the cultivation of marijuana for casual/recreational use is legalized or decriminalized in California, any person or entity cultivating marijuana for casual/recreational use in the City shall pay an annual tax of $10 per square foot for space utilized in connection with the cultivation of marijuana for casual/recreational use.;” and
WHEREAS, DHSMC Section 3.35.005 as it relates to medical marijuana cultivation currently imposes taxes as follows, "Every medical marijuana collective, cooperative, dispensary, operator, establishment, provider or other type of entity legally cultivating medical marijuana in the City, consistent with the provisions of the Medical Marijuana Program Act (California Health and Safety Code Section 11362.5 et seq.), shall pay an annual tax of $10 per square foot for space utilized in connection with the cultivation of marijuana for medical use.;" and
WHEREAS, DHSMC Section 3.33.060 provides in part that the City Council can amend the recreational cultivation marijuana tax in a manner which does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein, without further voter approval; and
WHEREAS, DHSMC Section 3.35.070 provides in part that the City Council can amend the medical cultivation marijuana tax in a manner which does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein, without further voter approval; and
WHEREAS, DHSMC Sections 3.33.070 (recreational) and 3.35.080 (medical) provide, among other things that the City Manager, or designee, and/or the City Council by ordinance may promulgate regulations to implement Chapter 3.33 and 3.35; and

WHEREAS, on April 4, 2023, the City Council agendized an item to discuss marijuana cultivation taxation in general, and provided Staff direction to lower Marijuana Cultivation Taxes on a temporary basis for the tax term of January 1, 2023, to June 30, 2023 (“Temporary Term”); and
WHEREAS, the City Council deems now that Marijuana Cultivation Facilities, as defined by DHSMC Section 17.180.030 and regulated pursuant to DHSMC Section

17.180.050, as applicable to both recreational and medical marijuana cultivation should be lowered during the Temporary Term to encourage the City’s competitive advantage; and
WHEREAS, at this time, the City Council desires to amend Chapter 3.33 and

3.35 to explicitly lower the marijuana cultivation tax for Marijuana Cultivation Facilities, as defined by DHSMC Section 17.180.030 and regulated pursuant to DHSMC Section

17.180.050; and
WHEREAS, such proposed amount does in fact lower the current recreational cultivation tax, and medical cultivation tax during the Temporary Term; and WHEREAS, the equal dignity rule requires Chapters 3.33 and 3.35 as proposed by this Ordinance be adopted by ordinance; and
WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, the City Council finds that this ordinance is good for the public health, safety and welfare.

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

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Section 2. AMENDMENT OF SECTION 3.33.005 TITLED "IMPOSITION OF TAX: OF CHAPTER 3.33 TITLED "MARIJUANA CULTIVATION
TAX" OF THE DESERT HOT SPRINGS MUNICIPAL CODE (FOR

RECREATIONAL MARIJUANA CULTIVATION)
Section 3.33.005 of the Desert Hot Springs Municipal Code shall be amended to read as follows:

3.33.005. Imposition of Tax

In the event the cultivation of marijuana for casual/recreational use is legalized or decriminalized in California, any person or entity cultivating marijuana for casual/recreational use in the City shall pay an annual tax of $10 per square foot for space utilized in connection with the cultivation of marijuana for casual/recreational use. However, for the temporary term of January 1, 2023 to June 30, 2023, the cultivation tax shall be $5.10, plus adjustment per Consumer Price Index, per square foot for space utilized in connection with the cultivation of marijuana for casual/recreational use.

Section 3. AMENDMENT OF SECTION 3.35.005 TITLED “IMPOSITION OF TAX” OF CHAPTER 3.35 “MEDICAL MARIJUANA
CULTIVATION TAX” OF THE DESERT HOT SPRINGS

MUNICIPAL CODE (FOR MEDICAL MARIJUANA

CULTIVATION)
Section 3.35.005 of the Desert Hot Springs Municipal Code shall be amended to read as follows:

3.35.005. Imposition of Tax
Every medical marijuana collective, cooperative, dispensary, operator, establishment, provider or other type of entity legally cultivating medical marijuana in the City, consistent with the provisions of the Medical Marijuana Program Act (California Health and Safety Code Section 11362.5 et seq.), shall pay an annual tax of $10 per square foot for space utilized in connection with the cultivation of marijuana for medical use. However, for the temporary term of January 1, 2023 to June 30, 2023, the cultivation tax shall be $5.10, plus adjustment per Consumer Price Index, per square foot for space utilized in connection with the cultivation of marijuana for casual/recreational use.

Section 4. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Cde as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 6. AMENDING OF BAIL SCHEDULE

That the City Attorney's Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 7. EFFECTIVE DATE
That this ordinance shall take effect pursuant to law.

Section 8. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 2nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
_________________________________ ______________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney