Desert Hot Springs City Council
May 16, 2023

b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or 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 Item Number: 7.

commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.
h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

Section 19. NOTICES
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:

Item Number: 7.

To the City: Nicholas Haecker
Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411 x223
Fax: (760) 288-0639
Email: [email protected]
To Consultant: Joshua Nickerson, PE.

Director/Principal Engineer
NAI Consulting, Inc.
68-955 Adelina Road
Cathedral City, CA 92234
Telephone: (760) 323-5026
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 Item Number: 7.

breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services that are not finished by Consultant.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City.

Item Number: 7.

b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Item Number: 7.

Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Item Number: 7.

Section 33. PRINCIPAL REPRESENTATIVES
a. Joshua R. Nickerson, P.E., 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. Nicholas Haecr, shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages. b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.

Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 38. GOVERNING LAW
Item Number: 7.

The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL REGULATIONS

To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVAL
Item Number: 7.

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 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
_____________________________
Doria Wilms, Interim- City Manager

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

Jennifer Mizrahi, City Attorney
_____________________________
NAI CONSULTING, INC.
_____________________________
Joshua Nickerson, PE.,
Director/Principal Engineer
N:\DHSO\0001-01 General\Doc\6051
Item Number: 7.

EXHIBIT “A”

SCOPE OF SERVICES
Item Number: 7.

SR-23-123
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 16, 2023
Department: Human Resources
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution to Recognize, Acknowledge, and Observe Juneteenth as a Public Holiday
RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs recognizing June 19 as Juneteenth and observe as an official paid holiday for City employees.

BACKGROUND:

In 1863, President Abraham Lincoln issued the Emancipation Proclamation that declared all persons held as slaves are to be free. On June 19, 1865, Union General Gordon Granger and his regiment arrived in Galveston, Texas to declare that slavery had been abolished. From that time, Juneteenth celebrations have taken place in Texas and have spread throughout the nation over the years.

Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery. It is celebrated annually as a historical and memorable tribute to our country’s African American Heritage.

DISCUSSION:

Juneteenth is an important opportunity to celebrate the achievements and contributions African Americans have made and continue to make within our City and across the Nation. As such, President Biden sighed a bill into law designating June 19 as “Juneteenth National Independence Day” and to be observed as a legal federal holiday. In September 2022, Governor Newsom approved Assembly Bill 1655 adding June 19 as Juneteenth to the list of state holidays. Adoption of this resolution would declare June 19 as Juneteenth and be added to the City’s list of officially observed and paid holidays.

FISCAL IMPACT:

City employees that are required to work on holidays are paid additional compensation throughout the year according to the agreements with the City. This resolution would affect those employees that would be scheduled to be on-call for emergencies on that day. Since the new holiday would now create an additional scheduled day off, those employees that are on-call for that day would receive an additional hour of on-call overtime pay. The additional cost would be less than $1,000 annually.

ATTACHMENTS:

Exhibit 1 - Resolution Creating Juneteeth as a Holiday
Item Number: 8.

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, RECOGNIZING JUNE 19 AS “JUNETEENTH” AND OBSERVED AS AN OFFICIAL PAID HOLIDAY FOR CITY EMPLOYEES.

WHEREAS, the City of Desert Hot Springs is a charter city; and WHEREAS, Juneteenth, also known as "Juneteenth National Independence Day," "Emancipation Day," "Emancipation Celebration," and "Freedom Day," is the oldest known celebration commemorating the ending of slavery in the United States; and has been celebrated by communities for over 150 years; and WHEREAS, in 1863, President Abraham Lincoln issued the Emancipation Proclamation and declared that all persons held as slaves" within the rebellious states "are, and henceforward shall be free," paving the way for the passing of the thirteenth amendment which formally abolished slavery in the United States of America; and WHEREAS, June 19, 1865, is considered the date when the last slaves in America were freed when General Gordon Granger rode into Galveston, Texas, declaring that slaves were free, almost two and one-half years after President Lincoln issued the Emancipation Proclamation; and
WHEREAS, June 19, symbolizes freedom, celebrates the abolishment of slavery, reminds all Americans of the significant contributions of African Americans to our society, and is a time for reflection and rejoicing, assessment, self-improvement, and planning for the future; and
WHEREAS, in June 2021, the United States Congress approved a bipartisan bill to approve June 19 as “Juneteenth National Independence Day”, to be observed as a legal public holiday, and the bill was signed into law by President Biden on June 17, 2021; and
WHEREAS, the residents of the City of Desert Hot Springs are encouraged to join together in celebration of freedom, family and community by embodying a spirit of peace, respect, and brotherly love, and to honor and salute our City’s rich cultural legacy and diversity; and
WHEREAS, the City Council deems this resolution in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals.

That the Recitals set forth above are true and correct and are hereby Item Number: 8.

incorporated herein by this reference.

Section 2. Adoption.

That, by adoption of this Resolution, the City Council of the City of Desert Hot Springs recognizes June 19 as “Juneteenth National Independence Day” observed as an official paid holiday for all City of Desert Hot Springs employees. When June 19 falls on a Friday, the holiday shall be observed the preceding Thursday and when June 19 falls on a Saturday or Sunday, the holiday shall be observed on the following Monday; and
Section 3. Certification.

That the City Clerk shall certify to the passage and adoption of this resolution, enter the same in Section 4. Severability.

That if any provision, section, paragraph, sentence or word of this Resolution 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 Resolution as hereby adopted shall remain in full force and effect.

Section 5. Repeal of Conflicting Provisions.

That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 6. Effective Date.

That this Resolution shall take effect upon its adoption. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 8.

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

AYES, and in favor thereof, Council members:

NAYS, Council members:

ABSENT, Council members:

ABSTAINING, Council members:

ATTEST: APPROVED:
_________________________________ _____________________ Jerryl Soriano, CMC City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 8.

SR-23-125
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 16, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: May 2, 2023 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - May 2, 2023 Item Number: 9.

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, May 2, 2023
Council Chambers
CLOSED SESSION - 4:00 P.M.

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

ROLL CALL

Present:

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

PUBLIC COMMENTS
None.

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

CLOSED SESSION:

1. CONFERENCE WITH 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

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

Property: APN 641-262-010
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Item Number: 9.

City Council
May 2, 2023
Lynn F. Coker, Broker
Negotiating Parties: Nancy Portolesi
Under Negotiation: Price and Terms

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

Property: APN 642-081-003 and 004
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: Howard Koenig
Under Negotiation: Price and Terms

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

Property: APNs 642-150-003 and 642-150-018
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: Buena Vista Development
Under Negotiation: Price and Terms

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

Property: APN 642-281-008
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: Talat Radwan
Under Negotiation: Price and Terms

6. 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)

7. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Unrepresented employee: City Manager
PRESENTATIONS - 5:30 P.M.

City Employee Years of Service Recognition
Clyde Thomas, Human Resources Manager, presented 15-year, 10-year, and 5-year service recognitions to:

Glenn White, Program and Financial Specialist; Caleb Leyva, Maintenance Item Number: 9.

City Council
May 2, 2023
Technician; James Bradley, Crossing Guard; Doria Wilms, Interim City Manager; Daniel McVey, Deputy City Clerk; Jason Kupka, Detective; Lynne Paul, Management Analyst; Christina Newsom, Compliance Director; Roberta Crncic, Recreation and Community Services Director; Floylaina Smith, Police Records Specialist; Melissa Purcell, Administrative Assistant; Tiyler Messer, Code Compliance Officer; Emily Granados, Administrative Assistant; Kathlyn Palmer, Administrative Assistant; Jason Jimenez, Sergeant; Christopher James, Detective; Craig Barnes, IT Technician; Klarrisa Vera, Dispatcher; and Patricia Villagomez, Principal Planner.

Special Recognition Presented to City Employee
Doria Wilms, Interim City Manager, presented a Certificate of Recognition to Vivian Rivera, Counter/Permit Technician, for her involvement in the Art in Public Places Program and going above and beyond her duties 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
Candess Tarrant gave the Invocation.

PLEDGE OF ALLEGIANCE
Councilmember Betts led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that the City Council voted 5-0 under Closed Session Item No. 2 to enter into a Purchase and Sale Agreement for APN 641-262- 010.

APPROVAL OF AGENDA
Item Number: 9.

City Council
May 2, 2023
ACTION: Approve the May 2, 2023 Regular Meeting agenda, withdrawing Item 9; and approve the Consent Calendar in its entirety.

Moved by Council Member Betts
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 a statue of Cabot Yerxa at Highway 62 and Pierson Boulevard.

Barbara Valadez expressed concern regarding an illegally parked recreation vehicle.

Juliana Dawson announced the Elks Lodge Golf Tournament event and requested sponsorship.

CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.

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

MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Pye reported on the various meetings and events she attended.

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

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

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

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

Item 12 was considered at this time.

PUBLIC HEARINGS:

8. An Ordinance Amending Cannabis Storefront Retail Business Hours Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
Item Number: 9.

City Council
May 2, 2023
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony of those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: “An Ordinance of the City Council of the City of Desert Hot Springs, amending Section 5.50.080 “General Operating Requirements” of Chapter 5.50 “Cannabis Businesses” of Title 5 “Business Licenses and Regulations” and amending Sections 17.180.040 (“Marijuana Storefront Retail Facilities”), 17.180.045 (“Marijuana NonStorefront Retail Facilities”) of Chapter 17.180 (“Marijuana Facilities Operation and Location”) of Title 17 (“Zoning”) of the Desert Hot Springs Municipal Code in order to update regulations for hours of operation.” Staff Report - SR-23-093 - Pdf
Christina Newsom, Compliance Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

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

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

9. An Appeal (APP 23-1) of the Planning Commission Decision to Approve a Mitigated Negative Declaration and Development Permit No. 22-4, An Application to Develop a 60,000 Square Foot Warehouse Facility Recommendation:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony from Appellant (SAFER);
5) Take testimony for those in favor of Appeal (reversal of Planning Commission’s decision);
6) Take testimony from those in opposition of Appeal (upholding Planning Commission’s decision);
7) Take testimony from those in a neutral position;
8) Opportunity for Appellant’s rebuttal;
9) Close the Public Hearing
Item Number: 9.

City Council
May 2, 2023
10) City Council discussion and questions to Staff; and 11) City Council may adopt (with amendments if desired) one of the following:

A) A Resolution to Uphold and Affirming the Planning Commission’s decision to approve the following 1) Mitigated Negative Declaration and 2) Development Permit No. 22-4 to develop a 60,000 sq. ft. warehouse facility, thereby approving the Project; OR
B) A Resolution to Overturn Planning Commission’s decision to approve 1) Mitigated Negative Declaration and 2) Development Permit No. 22-4 to develop an 60,000 sq. ft. warehouse facility, thereby denying the Project; OR
C) Provide other direction as City Council deems fit.

Staff Report - SR-23-105 - Pdf
This item was withdrawn from the agenda. No action was taken.

ADMINISTRATIVE CALENDAR:

10. 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.

Staff Report - SR-23-102 - Pdf
Mayor Matas presented the report. A discussion ensued.

ACTION: Approve the Professional Services Agreement with Bob Murray and Associates.

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

11. 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.

Staff Report - SR-23-096 - Pdf
Item Number: 9.

City Council
May 2, 2023
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.

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

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

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

12. Increase Budget Appropriations for Property Abatements Recommendation:
1) Increase budget appropriations in the Public Safety Fund by $1,849,387 to cover the cost of property abatements; and
2) Authorize use of General Fund fund balance to transfer $1,849,387 to the Public Safety Fund to cover the increased budget appropriations.

Staff Report - SR-23-104 - Pdf
Item 12 was considered prior to Item 8.

Christina Newsom, Compliance Director, presented the staff report and responded to questions.

A discussion ensued.

ACTION: Approve Staff recommendation.

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

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

13. 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.

Staff Report - SR-23-099 - Pdf
Councilmember Gardner presented the report and responded to questions.

A discussion ensued.

Cheryl Nardel suggested a buddy system to avoid empty seats at events.

Item Number: 9.

City Council
May 2, 2023
ACTION: Approve the revisions to Section 13.1.

Moved by Council Member Gardner
Seconded by Council Member Pye
Carried 4-1 by the following votes:

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

14. City Council Meeting Schedule for Summer/Winter 2023 Recommendation:

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

Staff Report - SR-23-095 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.

ACTION: Approve Staff recommendation.

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

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

15. 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.

Staff Report - SR-23-098 - Pdf
Jilleen Ferris, City Engineer, presented the staff report.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-016.

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

16. Resolution Listing Projects to be Funded by Senate Bill 1 for Fiscal Year Item Number: 9.

City Council
May 2, 2023
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.

Staff Report - SR-23-100 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-017.

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
CONSENT CALENDAR:

17. City Council Special Meeting (Closed Session) Minutes: April 17, 2023 City Council Regular Meeting Minutes: April 18, 2023
Staff Report - SR-23-106 - Pdf
ACTION: Approve the Minutes as presented.

18. Second Reading and Adoption of Temporary Cannabis Cultivation Tax Reduction Ordinance
Staff Report - SR-23-097 - Pdf
ACTION: Approve Second Reading, read by title only and adopt Ordinance 778: "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."

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 7:13 P.M.

Item Number: 9.

City Council
May 2, 2023
Jerryl Soriano, CMC, City Clerk
Item Number: 9.

SR-23-103
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 16, 2023
Department: Community Development
Prepared by: Colleen Stephens, Assistant Planner
Subject: Applications for Permits to Operate Fireworks Stands (TNT Fireworks, Michael Casserly, FW 23-1 Through FW 23-5)
RECOMMENDATION:

Approve all five (5) applications for Firework Stand Permits subject to the conditions of approval.

BACKGROUND:

Below is a summary outline of the process for issuance of Fireworks Permits per Desert Hot Springs Municipal Code Chapter 8.28:
• No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received the following permits: Fireworks Program Permit and Fireworks Safety Permit.
• Fireworks Permit applications may be submitted to the City during the period of March 30th to April 6th.
• Applications for fireworks permits shall be reviewed for compliance by the City Manager, or designee. All applications approved by the City Manager shall be forwarded to the City Council for consideration and approval by resolution.
• Each calendar year the City Council may issue up to six fireworks permits.

DISCUSSION:

All applications were reviewed by the City Manager, or designee, and were routed for review to the City’s Fire Safety Specialist, Engineering Department, Planning Department, Code Compliance Department, and Police Department. Based on the review, all five (5) applications were determined to meet all submittal requirements, all safety requirements, and all applicable permit requirements.

The (5) five proposed locations for the firework stands are identical to previous years that have been approved and issued by the City Council. City staff has requested, based on feedback from the City Council that for any future submittals, the applicant, TNT Fireworks, seek to secure a different location for the firework stand location being requested at the northwest corner of Palm Drive and Desert View Avenue in the Tire shop parking lot due to lack of desirable egress.

Item Number: 10.

SR-23-103
On September 20th,2022, the City Council approved an ordinance amending section 8.28.030 of Chapter 8.28 “Fireworks” to allow for an additional two (2) fireworks applications to be permitted by the City Council each year, increasing the previous allowable number of fireworks permits from four per year to six per year.

The five (5) applications have met all requirements per the Desert Hot Springs Municipal Code, as conditioned, and City staff is recommending that City Council approve all five (5) Fireworks Permit applications as submitted for the sale of safe and sane fireworks.

Below is the list of the applications with the corresponding non-profit organization and the location. The applications are also shown in Exhibits 1-5.

Application Number Non-profit
Organization
Fireworks Stand
Location
Approved by City
Manager
FW 23-1 DHS Eagles Football 13200 Palm Drive Yes
FW 23-2 Lily of the Valley
Worship Center 65945 Pierson Blvd. Yes
FW 23-3 DHSHS Boys
Basketball 14200 Palm Drive Yes
FW 23-4 DHSHS Football 14677 Palm Drive Yes
FW 23-5 DHSHS Band 12425 Palm Drive Yes
FISCAL IMPACT:

Permit Fees have been paid by each applicant. Any applicant that is rejected by the City Council shall be entitled to a full refund of the Fireworks Program Permit and the Fireworks Safety Permit fees.

ATTACHMENTS:

Exhibit 1 - DHS Eagles Football Application FW 23-1
Exhibit 2 - Lily of the Valley Application FW 23-2
Exhibit 3 - DHSHS Boys Basketball Application FW 23-3
Exhibit 4 - DHSHS Football Application FW 23-4
Exhibit 5 - DHSHS Band Application FW 23-5
Exhibit 6 - Draft Conditions of Approval
Item Number: 10.

TNT FIREWORKS

SALES ASSOCIATE CITY
LOCATION# ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

ADDRESS

INTERSECTION
THOMAS GUIDE — COUNTY PAGE GRID

SPECIAL INSTRUCTIONS

DESERT HOT SPRINGS
DHS0008
MIKE
6/24
8X32
13200 PALM DR (STATER BROS)
RIV

DHS EAGLES FOOTBALL
696 J5
7/8
OPM 1 0

SEC PALM DR & HACIENDA AVE

STAND FACES STREET, SET BACK OF STAND AT

END OF THE PARKING LINES
OPM
STAND
INSPECTION DATE 6/28
Item Number: 10.

TNT FIREWORKS

SALES ASSOCIATE CITY
LOCATION# ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

ADDRESS

INTERSECTION
THOMAS GUIDE — COUNTY PAGE GRID

SPECIAL INSTRUCTIONS

DESERT HOT SPRINGS
DHS0003
MIKE
6/21
6X32
65945 PIERSON BLVD (STRIP CENTER)
RIV

LILY OF THE VALLEY
696 H4
7/10
OPM 0 0

W OF SWC WEST DR & PIERSON BLVD

SET BACK OF STAND AT END OF PARKING LINES,
SET STAND IN MIDDLE OF THE PARKING SECTION, SET FRONT OF STAND 11’ FROM PLANTER OPM
INSPECTION DATE 6/28
STAND
11’ 25’
Item Number: 10.

TNT FIREWORKS

SALES ASSOCIATE CITY
LOCATION# ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

ADDRESS

INTERSECTION
THOMAS GUIDE — COUNTY PAGE GRID

SPECIAL INSTRUCTIONS

DESERT HOT SPRINGS
DHS0011
MIKE
6/20
6X32
14200 PALM DR (VONS)
RIV 696 J6
7/8
OPM 1 0

SEC PALM DR & TWO BUNCH PALMS TRL

STAND FACES NORTH, SET BACK OF STAND UP

AGAINST PARKING STALL PLANTER, CENTER

THE STAND IN THE PARKING STALLS
OPM
STAND
INSPECTION DATE 6/28
Item Number: 10.

TNT FIREWORKS INSPECTION DATE
STAND# PLUG SIDE, WHEN LOOKING OUT FROM STAND:

SALES LOC# CITY

ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

DESCRIPTION/ADDRESS

INTERSECTION

SPECIAL INSTRUCTIONS
SETBACKS: CURB SIDEWALK BUILDINGS

MC DHS1467 DESERT HOT SPRINGS

DESERT HOT SPRINGS FOOTBALL BOOSTER CLUB

PALM DR & PARK LN
14677 PALM DR (GROCERY OUTLET)
6X32 OPM YES 0
6/21 7/10 OPM

STAND FACES STREET, SET BACK OF STAND AT END

OF PARKING LINES

6/28
25’ 25’ STAND
Item Number: 10.

TNT FIREWORKS INSPECTION DATE
STAND# PLUG SIDE, WHEN LOOKING OUT FROM STAND:

SALES LOC# CITY

ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

DESCRIPTION/ADDRESS

INTERSECTION

SPECIAL INSTRUCTIONS
SETBACKS: CURB SIDEWALK BUILDINGS

MC DHS1242 DESERT HOT SPRINGS

SWC PALM DR & CAHUILLA AVE
12425 PALM DR (DESERT TIRES)
6X32 OPM YES 0
6/21 7/11 OPM
STAND FACES STREET, SET BACK OF STAND 2 FEET

BEHIND END OF PARKING LINES

6/28
25’ 25’ STAND
30’
25’

DESERT TIRES II
Item Number: 10.

1 DRAFT CONDITIONS OF APPROVAL
MEETING DATE: May 16th, 2023
TITLE: Fireworks Permits
CASE NO’s: FW 23-1, FW 23-2, FW 23-3, FW 23-4, & FW 23-5 PREPARED BY: Colleen Stephens, Assistant Planner
REVIEWED BY: Travis Clark, Community Development Director Standard Conditions

1. Each fireworks stand shall post the City Notice/State Notice stating the fines for unlawful use of fireworks.

Administrative Conditions

2. Applicant/Developer shall indemnify, protect, hold harmless and defend, with counsel selected by the City, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings, including those involving environmental issues, against the City to attack, set aside, void, annul, and/or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the entitlement application. City shall promptly notify both the Applicant/Developer and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regard to such defense.

3. All development on the Project Site shall be in compliance with all applicable provisions of the City’s Municipal Code as well as all applicable provisions of the adopted Building and Fire Codes.

4. The development of the Project on the Project Site shall be in substantial compliance with the exhibits contained in the project file, as shown in all Exhibits attached hereto and incorporated herein by this reference.

5. Within fifteen (15) days of final approval (expiration of the appeal period) by the City Item Number: 10.

2 Council, the Applicant/Developer shall submit in writing, a statement indicating that he/she has read and agrees to the conditions imposed herein. This approval shall become void, and any privilege, permit, or other authorization granted under these entitlements if compliance with this condition has not been undertaken within the specified time limits.

Cal Fire Law Enforcement Division Conditions

6. The provisions and requirements within Desert Hot Springs Municipal Code Fireworks Chapter 8.28 and in addition to any applicable state laws shall remain in effect at all times. Any violation of this chapter by the holder of fireworks permits issued pursuant to this chapter shall constitute grounds for modification, suspension and/or revocation of said permits and may result in an administrative citations and fees by law enforcement personnel.

7. In an effort to better serve you and help to prevent any potential fire hazards the following information is provided of the most common fire code violations.

8. City Business License, State Fire Marshal Permit and Riverside County Fire Department Permit shall be posted in a prominent location and kept onsite at all times.

9. All Safe & Sane Fireworks for sale shall have appropriate State Fire Marshal (SFM) Safe and Sane Seal stamps.

10. A minimum of at least two exits, each 30 inches in width shall be operable and clear at all times.

11. Booth shall be located at least 25 feet from any other structure or property line of adjoining land, 100 feet of any fuel dispensing operations and minimum setback from any public sidewalk shall be 10 feet.

12. Booth floor area does not exceed 400 square feet and shall be constructed of metal.

13. A minimum of at least two (2) water base fire extinguishers shall be accessible and readily available at all times. Current service tags by a state licensed fire extinguisher company shall be affixed indicating current annual service maintenance intervals.

14. There shall be at least one adult present in the fireworks booth who is 21 years of age or over, during hours of retail sales. No person under 18 years of age shall sell fireworks at a fireworks booth.

Item Number: 10.

3 15. Smoking shall be prohibited inside the fireworks booth, nor within 10 feet thereof.

No alcoholic beverages shall be allowed on the premises.

16. All weeds and combustible material shall be cleared from the location of the booth including a distance of at least 25 feet surrounding the booth.

17. Signs stating, “NO SMOKING” and “NO SALES TO ANYONE UNDER EIGHTEEN (18) YEARS OF AGE,” must be posted in a conspicuous place.

Consideration of prominent language translation is recommended.

18. If a portable power generator is utilized, it shall be isolated to prevent public access. No combustible material shall be stored/placed within 25 feet of the portable generator.

19. Flammable/combustible liquids shall not be stored within 25 feet of an ignition source. Only approved and listed safety cans shall be utilized.

20. Fire Department access shall be maintained at all times and to not hinder any emergency response procedures and tactics.

21. Electrical wiring shall be maintained in good working condition without splices, deterioration or damage. Wiring shall be in accordance with the National Electrical Code (NEC), and Underwriters Laboratory (UL) listed for outdoor use.

22. Storage shall be kept neat and orderly at all times. Empty boxes, trash, debris, litter, refuse etc. shall be removed and disposed of immediately.

23. A Fire inspection will be conducted prior to opening and may be subjected to random inspections without notice throughout the sales and operations permitted period.

24. Review of these conditions does not authorize or approve any omission or deviation from all applicable regulations. All questions regarding the meaning of these code requirements should be referred to Riverside County Fire Department Office of the Fire Marshal at 760-863-8886.

Code Compliance Conditions

25. Seizure of fireworks: The Fire Chief or designee shall seize, take, remove or cause to be removed and destroy, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of these conditions of approval or Health & Safety Code.

26. Per Title 8, Chapter 8.28 of the Desert Hot Springs Municipal Code, any violation of the chapter by the holder of fireworks permits issued pursuant to thischapter Item Number: 10.

4 shall constitute grounds for modification, suspension and/or revocation of said permits.

27. Per Title 8, Chapter 8.28 of the Desert Hot Springs Municipal Code, any organization whose fireworks permits are revoked shall not be eligible for issuance of fireworks permits the following year.

28. It is unlawful to sell or permit to be sold safe and sane fireworks prior to 12:00 p.m. on the 28th day of June and after 10:00 p.m. on the 4th day of July.

29. After the 28th day of June, daily hours of operation for sales will be permitted from 8:00 a.m. to 10:00 p.m.

30. No person other than the permitted organization or joint venture shall operate a fireworks stand for which fireworks permits have been issued or share or otherwise participate in the profits of the operation of such fireworks stand.

31. No person shall be paid any consideration for selling or otherwise participatingin the sale of safe and sane fireworks at a fireworksstand.

32. No person under the age of 18 years shall be allowed to purchase or sell safe and sane fireworks.

33. The only persons permitted to remain in a fireworks stand and/or to sell or offer to sell safe and sane fireworks from within the fireworks stand shall be adult members of the permitted organization or joint venture organizations, or the parent, spouse or adult children of such members.

34. All retail sales of safe and sane fireworks shall be permitted only from within the fireworks stand for which fireworks permits have been issued. Sales from any other building or structure are prohibited.

35. No person shall sell or offer to sell safe and sane fireworks to any person who is reasonably observed or known to be under the influence of drugs or alcohol.

Planning Department Conditions

36. The applicant/operator shall comply with Sections 8.28.010-180 of the DHSMC at all times.

37. Each application shall be accompanied by a filing fee totaling $990.00 ($840.00 for a firework program permit fee and $150.00 for a firework safety permit fee) to defray the City’s costs of providing public safety services; and a refundable cash deposit, certificate of deposit or a surety bond in the amount of $150.00 made payable to the Item Number: 10.

5 City to assure compliance with the Ordinance in regard to the removal of the firework stands and clean-up of the site.

38. Once issued, permits shall not be transferable, assignable or renewable. Any permit issued shall be valid only for the dates and location specified in the permit. Only one temporary fireworks stand may be operated by eachpermittee.

39. The applicant must be insured for the minimum coverage amounts of $1,000,000/$1,000,000 for potential public liability and property damage in connection with the operation of the temporary fireworks stand. The City must be named as an additionally insured under the insurance policy.

40. Each permittee is required to obtain a State Board of EqualizationPermit.

41. Each organization must be issued a license from the State Fire Marshal pursuant to Health and Safety Code Section 12500, et seq.

42. Each organization must be a nonprofit association or corporation organized primarily for veteran, youth, patriotic, welfare, civic betterment, or charitablepurposes.

43. Each organization must have its principal and permanent meeting place within the territorial limits of the city, must have been organized and established for a minimum of one year continuously preceding the filing of the application for the retail sales permit, and must have a bona fide membership of at least 20 members, the majority of whom reside in the city.

44. Failure to meet any of the requirements will result in revocation of the application permit.

45. Each of the selected permittees must submit to the Desert Hot Springs Fire Chief or designee a plot plan approved by the owner of the property upon which the applicant will construct a temporary firework stand.

46. The temporary fireworks stand erected for the retail sale of fireworks must be constructed under the supervision of the City Building Department Inspector in such a manner as will reasonably ensure the safety of salespersons and patrons. An electrical permit must be obtained if a temporary power pole is required.

47. At least two water base fire extinguishers shall be present in each temporary firework stand. The extinguishers shall be subject to inspection by the Desert Hot Springs Fire Chief or designee.

48.There shall be at least one adult present in the temporary fireworks stand who is 21 years of age or over during all hours of retail sales. No person under 18 years of age shall sell fireworks at such stand.

Item Number: 10.

6 49. No smoking shall be allowed in the temporary fireworks stand nor within ten feet thereof. No alcoholic beverages shall be allowed on thepremises.

50. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least 25' surrounding thestand.

51. Signs stating, "NO SMOKING" and "NO SALES TO ANYONE UNDER EIGHTEEN (18) YEARS OF AGE," and all permits must be posted in a conspicuous place.

52. Public Display. Notwithstanding any other provision of this chapter, fireworks may be lawfully possessed and used for public display within the city, as defined in Health and Safety Code Sections 12575 through 12577 and the Uniform Fire Code Article 78, upon written authorization by the Desert Hot Springs Fire Chief or designee.

53. Violation. Failure to remove the temporary fireworks stand in accordance with this chapter will result in the assessment of a penalty of $50 per day that the stand remains in place, or portion thereof. The Desert Hot Springs Fire Chief or designee may revoke the permit granted to any permittee that is operating a temporary firework stand in violation of the provisions of the permit, or of this chapter. Such permittee shall not be eligible for a new permit for a period of one year thereafter.

54. Any/all permits may be subject to revocation if the applicant/developer/project is not in compliance with all of the conditions of approval contained herein.

55. No less than 90 percent of the proceeds derived from the sale of fireworks in the City by the organization shall be utilized for the direct advancement of charitable, religious, youth, or civic purposes of such organization.

56. The Applicant / Developer shall maintain the Site after the installation of the stand and until the stand is removed, free of debris, trash or any other offensive, unhealthful and dangerous material. If the Applicant/Developer does not comply with the before mentioned criterion, the City may revoke the permit and issue violations

57. All appropriate permits shall be pulled with the City’s Building Department.

58. All appropriate permits shall be pulled with the City’s Fire Department.

Item Number: 10.

7 Engineering Conditions

59. The Fireworks Stands shall not impede on-site circulation, drive-aisle access, pedestrian/sidewalk access, fire lanes, or any ADA access.

60. Any disturbed soil areas must be treated with water, chemical stabilizer, or an approved ground cover for dust mitigation.

61. Any disturbed soil areas will need to be returned to its natural state and the soils must be stabilized for dust mitigation within 48 hours after the removal of firework stand.

Item Number: 10.

SR-23-121
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 16, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of an Ordinance Amending Cannabis Storefront Retail Business Hours
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: “An Ordinance of the City Council of the City of Desert Hot Springs, amending Section 5.50.080 “General Operating Requirements” of Chapter 5.50 “Cannabis Businesses” of Title 5 “Business Licenses and Regulations” and amending Sections

17.180.040 (“Marijuana Storefront Retail Facilities”), 17.180.045 (“Marijuana Non-Storefront Retail Facilities”) of Chapter 17.180 (“Marijuana Facilities Operation and Location”) of Title 17 (“Zoning”) of the Desert Hot Springs Municipal Code in order to update regulations for hours of operation.” BACKGROUND:

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

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

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from May 2, 2023
Exhibit 2 - Ordinance
Item Number: 11.

SR-23-093
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 2, 2023
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Compliance Director
Subject: An Ordinance Amending Cannabis Storefront Retail Business Hours RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony of those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: “An Ordinance of the City Council of the City of Desert Hot Springs, amending Section 5.50.080 “General Operating Requirements” of Chapter 5.50 “Cannabis Businesses” of Title 5 “Business Licenses and Regulations” and amending Sections

17.180.040 (“Marijuana Storefront Retail Facilities”), 17.180.045 (“Marijuana Non-Storefront Retail Facilities”) of Chapter 17.180 (“Marijuana Facilities Operation and Location”) of Title 17 (“Zoning”) of the Desert Hot Springs Municipal Code in order to update regulations for hours of operation.” BACKGROUND:

Chapter 5.50 of the Desert Hot Springs Municipal Code (“DHSMC”) provides the regulatory framework for the operation of cannabis facilities, including the hours of operation.

Section 5.50.080(L) of the DHSMC currently limits the hours of operation of storefront retail cannabis facilities to the hours of 8:00 a.m. and 10:00 p.m.

Section 17.180 of the Zoning Code provides the zoning regulations for the operation of Cannabis Storefront Retail, Cannabis Non-Storefront Retail, Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution facilities (collectively Cannabis Facilities”).

The proposed amendment will afford consistency with current State Law by amending current regulations to allow cannabis retail facilities to operate between 6:00 AM and 10:00 PM.

DISCUSSION:

Item Number: 11.

SR-23-093
The proposed ordinance seeks to amend Chapter 5.50 and Chapter 17.180 to update operating hours for retail Cannabis Facilities to the following:

5.50.080 General operating requirements.

M. Hours of Operation. Except as otherwise provided in Chapter 17.180 of this code, cannabis facilities may operate only between the hours of 8:00 6:00a.m. and 10:00 p.m. an up to seven days per week.

17.180.040 Marijuana storefront retail facilities.

F. Hours of operation. All marijuana storefront retail facilities operating in any district may only operate between the hours of 8:00 6:00 a.m. and 10:00 p.m. an up to seven days per week.

17.180.045 Marijuana non-storefront retail facilities.

G. Hours of operation. All marijuana storefront retail facilities operating in any district may only operate between the hours of 8:00 6:00 a.m. and 10:00 p.m. an up to seven days per week.

On April 11, 2023, the Planning Commission approved making a recommendation to the City Council to adopt this proposed ordinance.

FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

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 adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:

Exhibit 1 - Ordinance
Item Number: 11.

C2014/000 - 1116578.1
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, AMENDING SECTION 5.50.080 “GENERAL
OPERATING REQUIREMENTS” OF CHAPTER 5.50 “CANNABIS
BUSINESSES” OF TITLE 5 “BUSINESS LICENSES AND
REGULATIONS” AND AMENDING SECTIONS 17.180.040
(“MARIJUANA STOREFRONT RETAIL FACILITIES”), 17.180.045
(“MARIJUANA NON-STOREFRONT RETAIL FACILITIES”) OF
CHAPTER 17.180 (“MARIJUANA FACILITIES OPERATION AND
LOCATION”) OF TITLE 17 (“ZONING”) OF THE DESERT HOT

SPRINGS MUNICIPAL CODE IN ORDER TO UPDATE REGULATIONS

FOR HOURS OF OPERATION
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, Chapter 5.50 of the Desert Hot Springs Municipal Code regulates the operating conditions of cannabis facilities, such as business hours, security plans, background checks, and odor control; and
WHEREAS, Chapter 17.180 of the Desert Hot Springs Municipal Code sets forth zoning regulations and operating requirements of cannabis facilities, including section

17.180.040 for storefront retail facilities, section 17.180.045 for non-storefront retail facilities; and
WHEREAS, the City Council desires to amend Chapters 5.50 and 17.180 of the Desert Hot Springs Municipal Code to update regulations related to hours of operation for cannabis storefront and non-storefront retailers and to maintain consistency with state regulations; 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 consistent with the General Plan; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the public interest, health, safety, convenience, and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS.

The Recitals are hereby incorporated by this reference.

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Section 2. AMENDMENT OF SECTION 5.50.080 “GENERAL
OPERATING REQUIREMENTS” OF CHAPTER 5.50
“CANNABIS BUSINESSES” OF TITLE 5 “BUSINESS
LICENSES AND REGULATIONS” OF THE DESERT HOT

SPRINGS MUNICIPAL CODE
Section 5.50.080 (“General Operating Requirements”) of Chapter 5.50 (“Cannabis Businesses”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code is hereby amended to read as follows:

5.50.080 General operating requirements.

All cannabis facilities must comply with the requirements set forth in this section.

A. Every cannabis facility shall operate in compliance with all applicable state and local laws and regulations governing cannabis facilities.

B. Every cannabis facility shall maintain and regularly update a roster of responsible persons, employees, independent contractors, and any other person engaged in the operation of the cannabis facility. The roster must include a copy of the individuals’ City-issued cannabis identification card, date of hire, and contact information. The roster shall be made available for inspection or copying by the City Manager or designee upon written or oral request. Notwithstanding anything to the contrary in this section, the cannabis facility shall immediately notify the City of any new or different responsible persons, employees, independent contractors, and any other person engaged in the operation of the cannabis facility in order to conduct a background check under Section 5.50.050.

C. No person who is less than 21 years of age may be employed or otherwise engaged in the operation of a cannabis facility.

D. Cannabis and cannabis goods possessed by a cannabis facility shall be kept and stored in a secured manner at all times.

E. On-site smoking, ingestion, or consumption of cannabis shall be prohibited on the premises of all cannabis facilities. “Premises,” for purposes of this section, includes the actual building as well as any accessory structures, common areas and parking areas.

F. Cannabis facilities shall not sell, provide, store, or distribute any alcoholic beverages or tobacco products, or allow such products to be consumed on the premises.

G. Cannabis facilities shall not advertise in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis goods.

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H. Each cannabis facility shall display a copy of its cannabis facilities regulatory permit issued pursuant to this chapter in a conspicuous place at or near the entrance to the premises.

I. Cannabis facilities shall not permit a physician to evaluate potential medicinal cannabis patients or to provide a physician’s recommendation for medicinal cannabis within its premises. Cannabis facilities shall not offer or provide any form of remuneration to a physician who provides physician’s recommendations for medicinal cannabis.

J. Waste Disposal. Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with federal, state and local laws, regulations, rules or other requirements. This may include, but is not limited to, the disposal of all pesticide or other chemicals used in the cultivation process, certain solvents or other chemicals used in the production of cannabis concentrate.

K. Each cannabis facility must ensure that its licensed premises are maintained in a sanitary manner and activities on its licensed premises are conducted in a sanitary manner.

L. Cannabis facilities are not authorized to sublet any portion of their premises for any purpose, unless all necessary applications to modify the existing premises to accomplish any subletting have been approved by the City.

M. Hours of Operation. Except as otherwise provided in Chapter 17.180 of this code, cannabis facilities may operate only between the hours of 8:00 6:00 a.m. and 10:00 p.m. and up to seven days per week.

N. If consumable cannabis goods (including, but not limited to, lollipops, brownies, cookies, ice cream, etc.) are present on-site or offered for distribution, then the cannabis facility shall secure any approval from the County of Riverside Department of Health Services required for handling food products.

O. Cannabis facilities shall have an electronic point of sale system that produces historical transactional data for review by the City Manager or designee for auditing purposes.

P. Odor Control. Cannabis facilities shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis facility that is distinctive to its operation is not detected outside the cannabis facility, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis facility. As such, cannabis facilities must install and maintain the following equipment or any other equipment which the City Manager or designee determines has the same or better effectiveness:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
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2. An air system that creates negative air pressure between the cannabis facility’s interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.

A violation of this subsection by any cannabis facility located within an Industrial District shall be excused so long as the odor is not detectable more than 150 feet beyond the cannabis facility’s property line.

Q. Each cannabis facility shall provide the City Manager or designee with the name, phone number, facsimile number, and email address of an on-site community relations or staff person or other representative to whom the City can provide notice if there are operating problems associated with the cannabis facility or refer members of the public who may have any concerns or complaints regarding the operation of the cannabis facility. Each cannabis facility shall also provide the above information to its business neighbors located within 100 feet of the cannabis facility as measured in a straight line without regard to intervening structures, between the front doors of each establishment.

R. Create and maintain an active account within the state’s track and trace system required by Business and Professions Code Section 26067 prior to commencing any commercial cannabis activity. In the event of system failure, the cannabis facility shall keep a hard copy record and transfer the information to the track and trace system within 24 hours of the system being available.

S. Cannabis facilities must pay all applicable taxes pursuant to Federal, State, and local law, including, but not limited to, the cannabis tax required by Title 3, State and local sales and use taxes, and State excise taxes.

T. Cannabis facilities shall fully comply with all applicable provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26211), Compassionate Use Act of 1996, the Medical Marijuana Program Act, the 2008 Attorney General Guidelines, all applicable provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval of the regulatory permit.

U. Cannabis facilities shall create and maintain records of daily sign-in logs for all responsible person, employee, independent contractor, or any other person who will be engaged in the operation of the cannabis facility. A minimum of 30 days of daily sign-in logs shall be provided to the City Manager or designee upon a verbal or written request.

V. The City Manager or designee may impose reasonable terms and conditions on the proposed operations of the cannabis facility in addition to those specified in this chapter.

Section 3. AMENDING SECTION 17.180.040 (“MARIJUANA
STOREFRONT RETAIL FACILITIES”) OF CHAPTER

17.180 (“MARIJUANA FACILITIES OPERATION AND
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LOCATION”) OF TITLE 17 “ZONING” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Section 17.180.040 (“Marijuana Storefront Retail Facilities”) of Chapter 17.180 (“Marijuana Facilities Operation And Location”) of Title 17 (“Zoning”) of the Desert Hot Springs Municipal Code is hereby amended to read as follows:

17.180.040 Marijuana storefront retail facilities.

A. Permitted Locations. Marijuana storefront retail facilities shall only be located in any Commercial District (excluding Downtown Commercial Districts and Visitor-Serving Commercial Districts) in the City.

B. Number of Plants. Storefront retail facilities shall not cultivate more than 99 mature flowering marijuana plants on site at any one time.

C. Conditional Use Permit/Regulatory Permit Required. Storefront retail facilities shall obtain both a City-issued Conditional Use Permit and Regulatory Permit.

D. Approved storefront retail facilities operating with a City-approved Conditional Use Permit and in compliance with all local and State laws may, at their discretion, add a light manufacturing use to their current storefront retail facility and, also, become a light manufacturing facility.

E. Approved storefront retail facilities operating with a City-approved Conditional Use Permit and in compliance with all local and State laws may, at their discretion, add a light distribution use to their current storefront retail facility. Any and all light distribution uses must comply with all of the following:

1. Facility must have separate employee only loading door towards the rear of the building. Loading door shall not be located on the same building frontage as the public access door.

2. A maximum number of 1 unmarked vehicle shall be used to distribute products.

3. The vehicle mentioned above must have a designated and marked parking space, which space must be in close proximity to the required loading door.

4. All State and local laws and regulations must be complied with at all times.

F. Hours of Operation. All marijuana storefront retail facilities operating in any district may only operate between the hours of 8:00 6:00 a.m. and 10:00 p.m. and may operate up to seven days per week.

G. Notwithstanding subsection C above, any and all light manufacturing facilities must comply with applicable State law and regulations, including the California Environmental Quality Act (“CEQA”).

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H. Storefront retail facilities must comply with all local and State laws as it pertains to such use at all times, which certain applicable laws are currently set forth in Title 16 Code of Regulations, Sections 5400 through 5413, as may be amended.

Section 4. AMENDING SECTION 17.180.045 (“MARIJUANA NON
STOREFRONT RETAIL FACILITIES”) OF CHAPTER

17.180 (“MARIJUANA FACILITIES OPERATION AND
LOCATION”) OF TITLE 17 “ZONING” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Section 17.180.045 (“Marijuana Non-Storefront Retail Facilities”) of Chapter

17.180 (“Marijuana Facilities Operation and Location”) of Title 17 (“Zoning”) of the Desert Hot Springs Municipal Code is hereby amended to read as follows:

17.180.045 Marijuana non-storefront retail facilities.

A. Permitted Locations. Marijuana non-storefront retail facilities shall only be located in Highway Commercial Districts (C-H), Business Park Commercial Districts (CBP), and Light Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City.

B. Number of Plants. Non-storefront retail facilities shall not cultivate more than 99 mature flowering marijuana plants on site at any one time.

C. Permits.

1. Non-storefront retail facilities located in C-H and C-BP districts shall obtain both a City-issued Conditional Use Permit and Regulatory Permit, except as otherwise herein allowed in subsection D.

2. Non-storefront retail facilities located in I-L districts shall obtain both a City-issued Administrative Use Permit and Regulatory Permit, except as otherwise herein allowed in subsection D.

D. Administrative Approval. A duly approved manufacturing facility and/or distribution facility, with a duly approved Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit, and in good standing with the City, may request modification of the already approved Conditional Use Permit to operate a nonstorefront retail facility provided the Director of Community Development, or designee, finds all of the following:

1. There is a 10% or less than deviation to each of the following:
a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls and fences;
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c. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme;
d. The density or intensity of a development project;
e. Paving; and
f. Hours of operation.

2. The marijuana manufacturing and/or distribution facility and its nonstorefront retail facility use are consistent with the goals, objectives, policies and programs of the General Plan.

3. The marijuana manufacturing and/or distribution facility and its nonstorefront retail facility use complies with all applicable zoning and other regulations.

4. The marijuana manufacturing and/or distribution facility and its nonstorefront retail facility use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

5. The location, design and operation of the marijuana manufacturing and/or distribution facility and its non-storefront retail facility use will be compatible with existing and planned land uses in the vicinity.

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.

Applications for a modification of a Conditional Use Permit under this section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or his/her designee, who may establish additional conditions to further the intent of this section.

Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved.

Marijuana manufacturing and/or distribution facility applications under this section may be referred to the planning commission at the discretion of the Director.

E. Non-storefront retail facilities shall not deliver to customers within the City limits.

F. Non-storefront retail facilities may also manufacture and/or distribute marijuana, as so allowed with a Conditional Use Permit.

G. Hours of Operation. All marijuana non-storefront retail facilities operating in any permissible district may only operate between the hours of 8:00 6:00 a.m. and 10:00 p.m. and may operate up to seven days per week.

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H. Non-storefront retail facilities must comply with all local and State laws as it pertains to such use at all times, which certain applicable laws are currently set forth in Title 16 Code of Regulations, Sections 5414 through 5427, as may be amended.

Section 5. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 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 be effective thirty days after the second reading of the ordinance.

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, California, at a regular meeting held on the 16th day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

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