Desert Hot Springs City Council
July 5, 2023

Commission/Board Application
Y0iirAppIim[imi win he mnndered by the Desen Hot Springs r, i 7unL‘i1pmi'ide'drhata mrsancy edsrs an a Canmi .sian Beard mywhirl: you have applied. Ifam '5 no mmnry. your nppnrmian will be kept on filemy1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residenry in meCity nf Desert Hot springs 38 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City of Desert Hol Springs? Yes
No

GENERAL INFORMATION
Last Narne* Kelley
First Narne* Stephen
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA. I Riverside Cu
Pnslal I zip Code cnuniry
92240 US
vi--m«~«m»er* T
E-m-i1Adims R

WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nrprererenre.
* PLANNING CDMIVIISSION
1:: Choice 2nd Choice Nat Interested
Meeis me2nd Tuesday nf earnllmnlh at 6:00 p.m.

Item Number: 8.

PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.

QUESTIONS
The iollownrg intormation consists nf some nf the iactors used by the city Council, and/or subcommittee tlmmnf to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.

Background / work Experience / civic involvement
Fire service Captain, paramedic and varied public service. San Bernardino Sheriff reserve and San Bernardino county sanitation district. I have much volunteer experience and helping the needy
occupation and Employer (If retired, ntdicate last occupation/employer) Cal fire, State of Calif.Riverside County Fire Captain —ret Education / Iraining
4 year BA
Have you served on a city Cnlnlnissitln/Board in the city orDesert Hot Springs or any other City?
ND yes (If yes, please describe below)
Served with the city of Desert Hot Springs .Pubic Safety and Architectural and landscape review commissions
Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Architectural building and landscape commission and Public Safety commission for DHS
Describe your knowledge of the iunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would like to serve.

I am very familiar with the Uniform Building codes and all its sections and public safety
what speciiic skins, attitudes, and experience do you t.hink you have that will enhance the work orthe Cnlnlnissinn/Board
As a long time residence Since 1985 I have seen amazed growth and I want to be pan of it. In 1985 the city had 3 stop signs and look at it now. I have a good background and experiences and attitude to contribute and give back Item Number: 8.

wlrat spetitic issues or problems raceareColnlnissionlllnard? no you liave suggestions to address tliese issues or problems?
The city has many issue and it is an excited time. I want to use my experience and knowledge to
help direct future city growth in a positive way
File U111-rad(Optional) please feel tree to include a resume, letter(s) of recommendation, etc.

Appointed commissioners may be required to submit a Fair political Practices commission (FPPC), statement of Econnmic Interests Fnrln (Form 790) pursuant to CA Government code § B7200 and/or Desert Hot Springs Mtnticipal code § 2.20.059.

As an appointed coomtissiooer or boardrnember, state law requires two liours ortraining in general etlrical principles and etbits laws every two years. More illformmion will be provided upon appoiunneot. some or all ol the content contained in tlris application and its attaclimeuts may be subject to disclosure pursuant to tire California Public Records Act (CA Government code § 6250, El seq.)
signature *
l certify that the above statements are true and correct to arebest cl my knowledge Item Number: 8.

Commission/Board Application
Y7urAppIimumi win he I:m15ie1£'redl7_\'t}ie Desen Hot Springs r, i mnrii pm\'ide'd mma mrsancy e'\'isr5 an a Canmi .5i0n Baard forwhich you have applied. Ifrim '5 no mmncy. your app[iL‘ati0nwill be kept on filefor1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residenry in meCity nf Desert Hot springs 3 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
No

GENERAL INFORMATION
Last Name * Smith
First Name * Veronica
Address* Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
ennneNumber * -
E-mi1Adims j

WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis me2nd Tuesday nf earnllmnlh at 6:00 p.rn.

Item Number: 8.

* PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.

QUESTIONS
The rollownig intormation consists nf some nf the iactors used by the city Council, and/or subcommittee thereof to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.

Background / work Experience / civic involvement
I run an Airbnb and also invest in real estate.
occupation and Employer (If retired, ntdicate last occupation/employer) Im a director of marketing for Alta Hospitals. I work from home.

Education / -iraining
2 year college degree. 30 years work experience. I recently took the civics class with Emily Pierson
Have you served on a city Cnlnlnissitln/Board in the city orDesert Hot Springs or any other City?
ND yes (If yes, please describe below)
Have you ever attended a city council meeting?
N17 Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Describe your knowledge orthe lunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would like to serve.

In civics class I learned about how the spas are run down and need to be upgraded.

Also how Airbnb‘s are being regulated and finally the cannabis industry and the many codes and regulations they need to meet.
what speciiic skills, attitudes, and experience do you think you have that will enhance the work orthe Cnlnlnissinn/Board
I have a strong passion for the city and its need to progress and grow into its full potential.
what speciiic issues or problems racethe Commissionlllnarrl? Do you have suggestions to address these issues or problems?
Like in many cities the lack of community involvement is lacking. I believe it's because of the demographics of the city and also the lack of information that our community is less involved.

File U111-rad(Optional) please reel free tn include a resume, letter(s) orrecommendation, etc.

Item Number: 8.

Appointed commissioners may he required to submit a Fair political l>ractices Commission (FPPC), statement orEconnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/oc Desert Hot springs Mmticipal code § 2.20.059.

As an appointed conmrissinner nc lmardmemlmr, state law requires two lnmrs nf training in general etlrical principles and ethics laws every two years. More iI|forImm'o|| will be provided npnn appnilmnenl. some or all oi the content contained in tlris application and its attachments may be snbject to disclosnre pncsnant tn tlre California Public Records Act (CA Government code § 6250, El seq.)
signatnre “‘ l certify tlrat useabove statements are true and correct tn arebest oi my knowledge CVmuza,cS’mme
Item Number: 8.

Commission/Board Application
Y0iirAppIim[ian mu be mnndered by meDesen Hot Springs r, i mm‘z'1pmi'ide'drhata mrsancy edsrs an a Camm .sian Beard my\vhz'cIiyou have applied. Ifam '5 no mmnry. your nppnrmian will be kept on filemy1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residenry in meCity nf Desert Hot springs 8 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
No

GENERAL INFORMATION
Last Narne* Valerio
First Narne* Michael
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
Plume Number * -
Emaiieddms T

WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis dre 2nd Tuesday nf earnllmnlh at 6:00 p.rn.

Item Number: 8.

* PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.

QUESTIONS
The following intormation consists nf some nf the iactors used by the city Council, and/or subcommittee thereof to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.

Background / work Experience / civic involvement
My background is financial services. currently a member of the leadership council for California Association of Realtors. running this year for director chair on that council.
occupation and Employer (If retired, ntdicate last occupation/employer) Realtor — Homesmart
Education / -iraining
Bachelor's of Science in Business Management
Have you served on a city Cnlnlnissitln/Board in the city of Desert Hot Springs or any other City?
ND yes (If yes, please describe below)
Have you ever attended a city council meeting?
N17 Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Describe your knowledge of the iunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would like to serve.

Current city issues are discussed. voted on. legislation gets passed I approved or denied.
what speciiic skins, attitudes, and experience do you think you have that will enhance the work orthe Cnlnlnissinn/Board
I have a business degree. a good understanding of our community. I bring a fresh voice and non—bias opinion on current topics. and can help improve the cities image. what speciiic issues or problems racethe Commissionlllnarrl? Do you have suggestions to address these issues or problems?
Budget issues, economic.social. physical deterioration, negative public image! stigma perception. etc. I would suggest community engagement. create task forces to address current issues. fundraising, clean up crews. volunteers from local associations.

Item Number: 8.

File U111-rad(ulnionall please feel tree in inclnde a resnme, leller(s) of reeommendaiion, eie.

Appointed commissioners may he required to submit a Fair Political Practices Commission (FPPC), Statement orEconnmic Inieresis Fnrln (Form 790) plnsllam to CA Gnvernlnenl Cnde § B7200 and/or nesen Hot Springs Municipal code § 2.20.059.

As an appointed eonmiissiimer nr lmardmemlmr, Slate law requires twn lmnrs nf iraining in general euiieal prineiples and euiies laws every two years. More illforlnmion will be provided Ilpnn appninnnem. some or all oi uie cnnlem eoniained in diis application and its anaelimenis may be snbjeci to diselosnre pursuant In die California Public neeords Act (CA Government code § 6250, El seq.)
signamre “‘ I certify that die above slalemelns are me and correct In mebest oi my knowledge 071210561/aam
Item Number: 8.

Commission/Board Application
Y0urAppIimtimi win he mnndered by the Desen Hot Springs r, i 7unL‘i1pmi'ide'drhata mrsancy edsrs an a Canmi .5i0n Beard mywhirl: you have applied. Ifam '5 no mmnry. your nppnrmian will be kept on filemy1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residency in meCity nf Desert Hot springs IIOIIS
(Example: 2 years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
N0

GENERAL INFORMATION
Last Narne* Gardner
First Narne* Roger
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 Riverside
Plume Number * -
meiiAdi-ess T

WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVIISSION
1:: Choice 2nd Choice Nat Interested
Meeis dre 2nd Tuesday nf earnllmnlh at 6:00 p.rn.

Item Number: 8.

QUESTIONS

PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meels the 2nd Thursday oreach month at 6:00 p.m.

The following intormation consists nf some nf the iactors used by the city Council, and/or subcommittee thexenf to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.

Eile upload (optional)
Background / work Experience / civic involvement
I worked with developers and builders in Snohomish County Washington state for more than 15 years. Istarted my career in Real Estate in 1997 selling residential, Commercial. and business opportunities. I found my nitch in developing and building a career working very close to one of the biggest developers in Washing State. I have written and closed a number of contracts for said company. I also developed land for myself and my family. I look forward to working in this industry here in Desert Hot Springs.
occupation and Employer (If retired, ntdicate last occupation/employer) See Resume
Education / -iraining
See Resume
Have you served on a city Cnlmnissinn/Board in the city of Desert Hot Springs or any other City?
ND yes (If yes, please describe below)
Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Describe your knowledge of Ike iunctions, regulatinns and procedures of the commission/laoard (your 1st choice) on which you would like to serve. what speciiic skins, attitudes, and experience do you think you have that will enhance the work orthe Cnmlnissinn/Board
what speciiic issues or problems face the Commissionlllnarrl? Do you have suggestions to address these issues or problems?
Updated Resume 1 9 2023.docx 14.76KB
Please feel free In include a resume, letter(s) of recommendation, etc.

Item Number: 8.

Appointed commissioners may he required to submit a Fair political l>ractices Commission (FPPC), statement orEconnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/oc Desert Hot springs Mmticipal code § 2.20.059.

As an appointed conmrissinner nc lmardmemlmr, state law requires two lnmrs nf training in general etlrical principles and ethics laws every two years. More iI|forImm'o|| will be provided npnn appnilmnenl. some or all oi the content contained in tlris application and its attachments may be snbject to disclosnre pncsnant tn tlre California Public Records Act (CA Government code § 6250, El seq.)
signatnre “‘ l certify tlrat useabove statements are true and correct tn arebest oi my knowledge F/39v/LC322/umezt.

Item Number: 8.

Commission/Board Application
Your Application will be considered by the Desert Hot Springs City Council provided that a vacancy exists on a Commission/Board for which you have applied. If there is no vacancy, your application will be kept on file for 1 year to be considered when an opening does occur.

Residency
Registered Voter
Last Name*
First Name*
Address*
Phone Number*
Email Address
*
Length of Residency in the City of Desert Hot Springs
6 (Example: 2 Years)
Are you a Registered Voter in the City of Desert Hot Springs? Yes
No

GENERAL INFORMATION
Vernon
WyllieJames
City
Desert Hot Springs
State / Province / Region
CA
Postal / Zip Code
92240
Country
Usa
Street Address
Address Line 2

WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order of preference.

PLANNING COMMISSION
1st Choice 2nd Choice Not Interested
Meets the 2nd Tuesday of each month at 6:00 p.m.

Item Number: 8.

*
File Upload (Optional)

PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Not Interested
Meets the 2nd Thursday of each month at 6:00 p.m.

QUESTIONS
The following information consists of some of the factors used by the City Council, and/or subcommittee thereof to select final applicants: 1) Background, education, experience to demonstrate sound judgement; 2) Diversity in commission membership; and 3) attendance at commission meetings prior to consideration.

Background / Work Experience / Civic Involvement
Board Member of Federally registered non profit, small local business owner, local, home owner, church involvement
CCW
Occupation and Employer (If retired, indicate last occupation/employer) Certified electrician and small business owner
Education / Training
Electrical degree
Have you served on a City Commission/Board in the City of Desert Hot Springs or any other City?
No Yes (If yes, please describe below)
Have you ever attended a City Council meeting?
No Yes
Have you ever attended a City Commission meeting?
No Yes (If yes, list which Commissions below)
Describe your knowledge of the functions, regulations and procedures of the Commission/Board (your 1st choice) on which you would like to serve.

Listen, work together as a team, Provide views and input on the planning infrastructure of desert hot springs.

What specific skills, attitudes, and experience do you think you have that will enhance the work of the Commission/Board
The working man’s, view, homeowner. & business owner
What specific issues or problems face the Commission/Board? Do you have suggestions to address these issues or problems?
Please feel free to include a resume, letter(s) of recommendation, etc.

Appointed Commissioners may be required to submit a Fair Political Practices Commission (FPPC), Statement of Economic Interests Form (Form 700) pursuant to CA Government Code § 87200 and/or Desert Hot Springs Municipal Code § 2.20.050.

Item Number: 8.

Signature*
As an appointed commissioner or boardmember, State law requires two hours of training in general ethical principles and ethics laws every two years. More information will be provided upon appointment. Some or all of the content contained in this application and its attachments may be subject to disclosure pursuant to the California Public Records Act (CA Government Code § 6250, Et Seq.)
I certify that the above statements are true and correct to the best of my knowledge Item Number: 8.

SR-23-165
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Compliance Director
Subject: Professional Services Agreement with Cannabis Compliance Solutions, LLC RECOMMENDATION:

Authorize the City Manager to execute a Professional Services Agreement with Cannabis Compliance Solutions, LLC for cannabis compliance services in an amount not to exceed $217,914.96 with substantive edits to be negotiated and approved by the City Manager and upon approval as to form by the City Attorney.

BACKGROUND:

The City of Desert Hot Springs has contracted with Cannabis Compliance Solutions, LLC since 2020 for Cannabis Compliance services under the Cannabis Compliance Division. These services are provided by a supervisor and a team of officers that have several years of unique experience in the areas of investigating cannabis cultivation, narcotics, and drug manufacturing—while also being familiar with related activities like compliance and regulation enforcement.

DISCUSSION:

At the direction of the Compliance Director the Cannabis Compliance Division oversees four major categories:
• Inspections
• Cannabis Employee Background Checks
• Regulation Development and Enforcement
• Local Regulatory Permit Review and Processing
If approved, the new contract for the fiscal year 2023-2024 will focus on a broader scope of work (outlined in Exhibit "A") in keeping with the growing needs of the cannabis industry.

FISCAL IMPACT:

The amount of the contract is not to exceed $217,914.96.

This agreement is funded in the Code Compliance Department Contract Services line item and is included in the FY23-24 FY24-25 Two Year Budget.

ATTACHMENTS:

Item Number: 9.

SR-23-165
1) PSA Agreement & Scope of Work (Exhibit A)
Item Number: 9.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

CANNABIS COMPLIANCE SOLUTIONS, LLC
This Professional Services Agreement (“Agreement”) is made and entered into this 21st day of June, 2023, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Cannabis Compliance Solutions., a California Limited Liability Corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with compliance and inspection services of Cannabis Facilities as directed by the City on an as needed basis (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

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

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

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Item Number: 9.

Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect until terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, Two hundred and seventeen thousand, nine hundred and fourteen Dollars and Ninety Six Cents ($217,914.96) annually. The amount of this Agreement shall not exceed Two hundred and seventeen thousand, nine hundred and fourteen Dollars and Ninety Six Cents ($217,914.96) annually.

Section 4. USE OF CITY CAR
The City Manager in its sole discretion may allow Consultant’s employees/independent contractors (collectively “Consultant Personnel”), each or all of them, to use for work purposes only a City-issued Car (the “City-issued Car”).

Consultant and all Consultant Personnel agree(s) to use the City-issued Car in accordance with all applicable federal, state and local laws and policies, including but not limited to the City’s Vehicle Use Policy. The City-issued Car may be provided to Consultant Personnel solely for work purposes. The expenses relating to the Cityissued Car including without limitation, fuel, insurance, and maintenance costs shall be paid by the City. Consultant shall bear and pay and all damages, penalties and expenses relating to any violation of law committed in connection with the use of the City-issued Car.

Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality Item Number: 9.

under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:

Doria Wilms
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City. If the Extra Work requires travel and/or lodging outside of the city, the City will pay for costs associated for the travel and lodging, as well as meal per diem.

Consultant will provide a travel invoice and provide receipts for actual associated costs.

Section 7. TERMINATION
This Agreement may be terminated by the City Manager, in his/her sole discretion, immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party.

Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement. For clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City Item Number: 9.

shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.

Item Number: 9.

d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

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

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

OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.

Item Number: 9.

(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.

Item Number: 9.

Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.

Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
Item Number: 9.

(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND

LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and Item Number: 9.

(4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
a. City shall defend, indemnify and hold harmless the Consultant and/or Consultant Personnel from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, and within the scope of duties, except for any such claim arising out of the negligence, recklessness, or willful misconduct of the Consultant, Consultant Personnel, its officers, agents, employees or volunteers. The City shall in its so discretion determine whether the Consultant, Consultant Personnel, its officers, agents, employees or volunteers were negligent.
b. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
c. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.

Item Number: 9.

d. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. e. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice Item Number: 9.

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

Item Number: 9.

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

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

Consultant agrees to monitor and review all such coverage and assumes all 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, Item Number: 9.

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

Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Doria Wilms
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129

To Consultant: Cannabis Compliance Solutions, LLC
Andrew Nielsen
42215 Washington Street, Suite A164
Palm Desert, Ca 92211
Telephone (760) 836-2266
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.

Item Number: 9.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

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

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.

Item Number: 9.

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

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

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

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

Section 26. SEVERABILITY
Item Number: 9.

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

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

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

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

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

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

Item Number: 9.

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

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

Section 33. PRINCIPAL REPRESENTATIVES
a. Andrew Nielsen 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. Christina Newsom, 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.

Item Number: 9.

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

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

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

Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

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

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

Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all Item Number: 9.

applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

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

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

Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

Section 45. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

Item Number: 9.

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

CITY OF DESERT HOT SPRINGS
_____________________________
Doria Wilms, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer Mizrahi, City Attorney

CANNABIS COMPLIANCE SOLUTIONS, LLC
_______________________________
Cannabis Compliance Solutions, LLC
N:\DHSO\0001-01 General\Doc\6051
Item Number: 9.

EXHIBIT “A”

SCOPE OF SERVICES
Ensure the Compliance of all Cannabis Facilities within the city of Desert Hot Springs, through the following means:

1. Develop and maintain a professional working relationship with the operators, mangers, and/or Human Resource employees of cannabis facilities located within the City.

2. Conduct quarterly inspections of all cannabis facilities within Desert Hot Springs to ensure and manage compliance.

3. Provide ongoing customer service (including 24/7 ability to contact the Consultant or Consultant Personnel) addressing questions and/or concerns regarding compliance with City codes and regulations.

4. Identify and conduct background checks, including Live Scan review of California Department of Justice criminal history printout for each prospective cannabis employee. Work with Police Chief on handling prospective employees whose criminal record check does not meet the City or State guidelines.

5. Prepare and issue Desert Hot Springs Cannabis Identification Cards to each cannabis employee working within the City.

6. Maintain a dataset of approved cannabis employees, within Desert Hot Springs facilities.

Inspections
• Consultant’s Personnel (employees/independent contractors) generate reports for each inspection; any non-compliant issues are thoroughly discussed with facility management. Cultivators are provided with a copy of the inspection report, which includes a timeline for any needed corrections. • Inspections also require the Consultant’s Personnel (employees/independent contractors) to measure any cultivation areas of each facility, to ensure accurate taxable square footage is recorded for each cultivation facility. Measurements are documented and utilized by the City’s Finance Department for tax collection and auditing purposes.
• Follow-up inspections are made for non-compliant facilities to ensure appropriate corrections have been addressed. Deadlines are provided for corrections, and Item Number: 9.

additional follow-up inspections are made, as needed.
• Any non-compliant issues within a facility that are severe in nature or remain not corrected, are escalated to include additional Public Safety Staff, as necessary. • Consultant Personnel (employees/independent contractors) will provide thorough documentation to Code Enforcement and the City Attorney, and work closely with Staff to address individual non-compliance cases, as needed. Consultant Personnel (employees/independent contractors) assist in providing follow-up investigations and reports for any facility subject to Administrative Actions. • Conduct additional facility inspections, as needed.

Background Checks
• Review background checks of Cannabis Facility owners, operators, and employees.
• Approve/Deny cannabis facility background checks and notify facilities of subsequent criminal convictions.
• Assist with maintaining the City’s cannabis facility employee database and rosters.
• Assist as a Liaison to the Desert Hot Springs Police Department and relevant task forces regarding background investigations.
• Creates and delivers City issued cannabis facility identification cards.

Regulation Development & Enforcement
• Assists in the Regulatory Permit process for cannabis facilities, by participating in final Regulatory inspections (“walk-throughs”) of potential Cannabis facilities. Aid applicants in meeting the City regulations via pre-regulatory walk-throughs to provide suggestions and recommendations to assist in the preparation for compliance.
• Provide testimony at Administrative Hearings.
• Work with City Staff on the development of and changes to cannabis-related City policies and ordinances.
• When any facility becomes the subject of an investigation, the Consultant Personnel (employees/independent contractors) shall act as the central point of contact for the State of California Department of Cannabis Control.

Item Number: 9.

• Attend meetings, training, and/or industry events to analyze and develop strategies that support cannabis compliance efforts.
• Assists city attorneys with Cannabis-related issues.
• Prepares written documents for investigative agencies.

Permit Review & Processing
• Assist with the creation and maintenance of City databases and permit applications in the City’s software systems.
• Provides direction and instruction to applicants in the regulatory permitting process.
• Reviews and approves/denies regulatory permit application submittal requirements and regulatory permit applications at the direction of the Compliance Director.

Crew & Equipment
The Cannabis Compliance Solutions team is made up of (1) Contract Administrator and (3) Compliance Officers. The team will utilize City provided equipment, vehicles, and office space to accomplish the proposed scope of operations.

Plan to ensure continuity of services
Cannabis Compliance Solutions, LLC has enough employees to ensure the continuity of services to the City. Should an extended absence or separation of service occur, Cannabis Compliance Solutions, LLC has the ability to provide additional employees with the requisite experience to ensure continuity of services to the City.

Statement of conflicts of interest
We know of no conflicts of interest, nor do we anticipate any in the future with regard to the services being proposed.

Past litigation / censure
Cannabis Compliance Solutions, LLC has not been involved in any litigation nor professional censure on any business matters that would pertain to this or future services to the City.

Item Number: 9.

SR-23-170
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: City Manager
Prepared by: Roberta Crncic, Recreation and Community Services Director Subject: Third Amendment to Service Provider Agreement with Mizell Senior Center for Senior Center Facility Operation Management Services and Programs at the Desert Hot Springs Senior Center.

RECOMMENDATION:

Authorize the City Manager to execute a Third Amendment to the Service Provider Agreement with Mizell Senior Center to provide Facility Operation Management Services and Programs at the Desert Hot Springs Senior Center located at 11-777 West Drive in the amount of $225,506.00 commencing July 1, 2023, through June 30, 2024, with an option to extend up to two (2) additional one-year terms thereafter.

BACKGROUND:

The Service Provider Agreement commenced on March 1, 2017, and expired on March 1, 2020. On June 30, 2022, the City Manager authorized the Second Amendment to the Service Provider Agreement, extending the terms for an additional one (1) year. The Second Amendment to the Service Provider Agreement expires on June 30, 2023.

DISCUSSION:

Mizell Senior Center currently provides Center Facility Operation Management Services and Programs at the Desert Hot Springs Senior Center. The Senior Center also provides senior nutrition services as well as a variety of programs and services that address the mental, physical, social, and recreational needs of the senior community. The programs and services provided include social recreational, health education and services, nutrition, exercise, and referral programs. Programs are tailored to the needs of the seniors utilizing the center and/or living in the community surrounding the center. Mizell Senior Center has used its vast experience and resources to provide senior programs that improve the quality of life for our senior community.

Additionally, the on-site Senior Center Director, under the supervision of Mizell’s Executive Director, designs, develops, and implements a schedule of programs that will continue to transform the Desert Hot Springs Senior Center into a community focal point for seniors. Programs and services are designed to increase physical activity, reduce isolation, as well as provide social and recreational opportunities to low-income seniors who may not have any other opportunities to engage with their community.

Item Number: 10.

SR-23-170
The Desert Hot Springs Senior Center will operate a “senior cooling center” for a period of approximately 13 weeks during the summer months (dates to be determined).

Since the Carl May Community Center tenant improvements are now complete, the new space will allow for enhanced programs and activities. Due to the increased space and future goals of the center, this will require hiring two (2) additional staff members. Mizell will provide four and a half staff at the DHS Senior Center, totaling 180 hours per week of staff time. Staff includes the on-site DHS Senior Center Director (F/T), the Resource Coordinator (F/T) and two Program Assistants (F/T), and one halftime Program Assistant.

Mizell Senior Center has a strong history of successfully obtaining and maintaining contracts to operate and manage Senior and Community Centers. Mizell Senior Center currently operates the Mizell Senior Center in Palm Springs, CA. Mizell Senior Center is a well-established non-profit organization that benefits from substantial collaborative relationships with a variety of public agencies: Office of Aging, Department of Adult Services, County Board of Supervisors, and Department of Mental Health and Behavioral Health.

FISCAL IMPACT:

The approval of the Third Amendment to the Service Provider Agreement would increase the annual cost of Mizell Center’s services by $21,751.00. This increase is due to the addition of two (2) staff members to fully staff the Carl May Community Center and future goals to enhance programming and activities.

This agreement is funded in the City Manager's Contract Services line item. The total cost of this agreement is included in the FY23-24 FY24-25 Two Year Budget.

ATTACHMENTS:
1) Third Amendment to Mizell Senior Service Provider Agreement 2) DHS 23-24 Scope of Services
3) DHS 2023-2024 Budget Narrative
4) DHS Budget FY23-24-revised
Item Number: 10.

THIRD AMENDMENT TO SERVICE PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND

MIZELL SENIOR CENTER

THIS THIRD AMENDMENT TO SERVICE PROVIDER AGREEMENT BY AND

BETWEEN THE CITY OF DESERT HOT SPRINGS AND MIZELL SENIOR CENTER (hereinafter, the “Amendment”), is made and entered into as of July 01, 2023 by and between the City of Desert Hot Springs, a municipal corporation, in the County of Riverside, State of California, hereinafter referred to as the “City,” and Mizell Senior Center, hereinafter referred to as “Service Provider,” with the City and Service Provider sometimes together referred to herein as the “Parties.”

RECITALS
WHEREAS, the Parties previously entered into that certain Service Provider Agreement by and Between the City of Desert Hot Springs and Mizell Senior Center (hereinafter, the “Agreement”), for the City to utilize the services of Service Provider, to perform services in connection with the City’s Senior Center; and WHEREAS, the Parties desire to amend the Agreement as provided for herein.

NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

AGREEMENT
Section 1. RECITALS
The Recitals set forth above are hereby incorporated into this Amendment by this reference, as though fully set forth herein.

Section 2. DEFINITIONS AND TERMS
All words, terms and phrases used or referenced in this Amendment, not expressly defined in this Amendment, shall have the same meaning ascribed to them in the Agreement.

Section 3. TERM
Section 3 of the Agreement shall be amended to read as follows:

Service Provider shall perform those services set forth in the Scope of Services during the term of this Agreement, which shall be effective as of July 1, 2023, and expire June Item Number: 10.

30, 2024, with an option for extension up to an additional two (2) one-year terms thereafter at the discretion of the City.

Section 4. COMPENSATION
Section 4 of the Agreement shall be amended to read as follows:

Section 4. COMPENSATION
Service Provider shall be paid compensation not to exceed two hundred twentyfive thousand five hundred six dollars per year ($225,506.00) for the services rendered by Service Provider pursuant to this Agreement, in accordance with Exhibit “B”, which is incorporated herein.

Section 5. EXHIBIT A – SCOPE OF SERVICES.

Exhibit A to the Agreement, which is the Scope of Services, shall be amended to read as follows:

Exhibit A

SCOPE OF SERVICES
Scope of Services
The Scope of Services as outlined in this proposal is designed to provide high quality programs and services to the senior community of Desert Hot Springs. Building on the core of nutrition services, Mizell Center proposes to provide 4.5 FTE on-site employees and continue developing program services that address the many needs of local seniors.

Services include health education and support, information and referral, programs that include varying aspects of social, educational, recreational and exercise to help maintain and improve the health and quality of life of seniors residing in the Desert Hot Springs community.

Additionally, our on-site Senior Center Director, under the supervision of Mizell’s Executive Director, designs, develops and implements a schedule of programs that will continue to transform the Desert Hot Springs Senior Center into a community focal point for seniors. Programs and services are designed to increase physical activity, reduce isolation, as well as provide social and recreational opportunities to low-income seniors who may not have any other opportunities to engage with their community. We also envision the continuation of the Volunteer Program for seniors and other community members to become involved and support the general operations of the DHS Senior Center, creating an investment by seniors in their own senior community.

Operations:

Item Number: 10.

Senior Center Hours: The Desert Hot Springs Senior Center will operate from 8:00am until 4:00pm, Monday through Friday.

Daily On-site Operations: Mizell will provide four and a half staff at the DHS Senior Center, totaling 180 hours per week of staff time. Staff include the on-site DHS Senior Center Director (F/T), the Resource Coordinator (F/T) and two Program Assistants (F/T) and one half time Program Assistant. Our experience operating the DHS Center informs us that this staffing pattern is the minimum for optimal Center operations, especially considering the inclusion of the Carl May Building.

The DHS Senior Center will operate a “senior cooling center” for a period of approximately 13 weeks during the summer months (dates to be determined).

Additionally, Mizell provides for the expertise of our Executive Director and Director of Finance – which are utilized to provide operational oversight, new programming and outreach, as well as financial oversight and controls to the operation.

The DHS Senior Center Director is responsible for the daily operations and scheduling of various classes and activities, registration for classes, creation of a regular Center newsletter, and the coordination of the Nutrition Program on-site. The Center Director, in conjunction with the Resource Coordinator, has developed a Volunteer Program for community members to assist in the daily operations of the Center. Additionally, the Director will take the lead in marketing the Center to the local area community and serve as the local contact for area organizations and clubs for utilization of the various meeting rooms.

The Resource Coordinator serves as staff at the reception desk, updates information and referral resources, responds to telephone inquiries, collects any class fees, registers individuals for classes and assists in ensuring that class or event requirements are met.

This position also works under the direction of the Center Director in the implementation of a Volunteer Program that is registered with the County of Riverside RSVP Program and assist in coordinating volunteers.

The Mizell Center Executive Director is the direct supervisor of the Center Director and provides management oversight to the programs and services, ensuring that operations and programs are delivered in a timely and professional manner.

The Mizell Center Director of Finance is responsible for implementing cash handling protocols for any fees or rentals collected at the DHS Senior Center. The Director of Finance also has primary responsibility for regular accounting of personnel expenses and providing a detailed monthly finance report to the DHS City Manager or designee.

Desert Hot Springs and Mizell Center
The relationship between the City of Desert Hot Springs and Mizell Center is established by the accepted Scope of Services and Professional Services Agreement to operate the Desert Hot Springs Senior Center. Upon acceptance of this proposal, the parties will Item Number: 10.

continue to meet and discuss the needs and gaps in services that the City of Desert Hot Springs perceives in the provision of senior services.

All DHS Senior Center staff are employees of Mizell Center and are accountable to Mizell Center management, policies and procedures.

Primary communication regarding the services provided under the Agreement are between the Desert Hot Springs City Manager (or designee) and the Mizell Center Executive Director. Authorized Desert Hot Springs representatives will also work with the Senior Center Director on any day-to-day issues or questions that may arise. Only designated representatives as established by the parties to the Professional Services Agreement are authorized to communicate regarding the programs and services provided under the established Scope of Services and Professional Services Agreement. This clearly establishes lines of communication and reduces the incidence of miscommunications from any DHS City or Mizell staff that do not have direct responsibilities for the services provided under the Professional Services Agreement.

The City of Desert Hot Springs designated representative, Mizell Center Executive Director and the DHS Senior Center Director will meet on at least a semi-annual basis to discuss any issues or concerns that may arise with either party to the Agreement.

Mizell Center will continue to maintain all necessary books and records, operations manuals, policies and procedures and other documentation required for the operation and provision of services at the Desert Hot Springs Senior Center and to substantiate any invoices or expenses incurred pursuant to the delivery of services. This information is available for inspection upon request of the City of Desert Hot Springs and in regular reports.

Mizell Center will provide notification to the public and on-site at the Center that Desert Hot Springs Senior Center is operated under contract with the City of Desert Hot Springs and that employees are not agents or employees of the City of Desert Hot Springs and will provide contact information for the designated City of Desert Hot Springs representatives under the Professional Services Agreement.

Reporting
Mizell Center will provide regular monthly reports to the Desert Hot Springs City Manager and City Council (if they so desire) that contain the following:
 Total number of congregate meals served on-site and number of unduplicated clients served.
 Monthly DHS Senior Center calendar outlining programs and services offered  The number of attendees at each program activity
 Evaluations of programs and services provided by program participants  A report on outreach activities to promote the DHS Senior Center  A report on facility rental activities, including group(s), date, time and number of attendees
Item Number: 10.

 A financial report provided in accordance with the approved budget DHS Senior Center Event Programming and Supportive Services Required Information and Assistance to the Public: Mizell Center will continue to provide a full-time staff person at the front desk (the Resource Coordinator) that answers questions both by telephone and in-person. Mizell has an extensive information and referral system in place and will utilize that information to include additional Desert Hot Springs resources. These include assistance with the Cal Fresh Program, senior housing, HICAP counseling and various other social service programs.

Facility Operations and the Administration of Rental Agreements with the Public:

In order to meet the needs of outside groups and provide a community space, Mizell has the capacity to administer building space rental requests. Mizell Center has extensive experience in operating our 14,000 square foot building and bringing in local community groups and associations as public facility space rental users. We utilize the forms and requirements currently used at Mizell, which include room set-up requirements, deposits, insurance requirements, hours of use, deadlines for providing requested information and other details. Mizell has developed a room rental cost schedule to provide rental prospects that information that they require to rent space.

Outreach to the Community:

The DHS Senior Center Director will conduct community outreach to local churches, community groups, mobile home parks, Chamber of Commerce, and other community organizations. The DHS Senior Center Director will continue to be responsible for dayto-day outreach on-site. Additionally, a monthly calendar with regular class schedules, special events and program information is distributed at the DHS Senior Center, online and throughout the community.

Activities:

Meals on Wheels: Mizell Center is the Riverside County Office on Aging contracted Meals on Wheels provider for the entire Coachella Valley – including Desert Hot Springs.

Information concerning all aspects of the MOW Program is available at the DHS Senior Center to promote the program to those in need. Mizell has expanded the basic service to include the daily delivery of freshly prepared meals and trained delivery drivers who are CPR certified and trained to recognize elder abuse through trainings with Riverside County Adult Protective Services. Mizell provides regular outreach and information about Meals on Wheels to the community
Congregate Meals: Mizell Center, through our Nutrition contract with the Riverside County Office on Aging, provides a daily Congregate Meal Program at the DHS Senior Center, serving between 70 – 80 meals each day, five days per week.

Free Farmer’s Market: Mizell Center, working with our partners at FIND Food Bank, provides a weekly Senior Farmer’s Market, offering fresh produce to the senior Item Number: 10.

participants at no cost. Additionally, Mizell has implemented a senior breakfast program serving coffee, tea, juices, yogurt, cereal and baked goods beginning at the 8:30am Center opening.

Games and Activities: Mizell offers a wide menu of games and activities for members and visitors who wish to participate, such as: Mah Jongg, Bingo, and a variety of card games. All of these opportunities are intended to provide opportunities for seniors to involve themselves in brain health activities.

Additionally various arts and crafts classes are available to the members and visitors of the Desert Hot Springs Senior Center. An example of these classes and activities include a knitting circle, crochet and an art studio.

Utilizing our network of resources we offer and coordinate a number of additional services, including HICAP Counseling, and annual flu shot program coordinated with Desert Regional Medical Center, exercise classes (utilizing our instructors for yoga, balance classes, and our valley-wide evidence based program A Matter of Balance.

Section 6. COUNTERPARTS
This Amendment may be executed in several counterparts, each of which shall be deemed to be an original and 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 the Parties hereto.

Section 7. CONFLICTS
In the event there exists any conflicts between the terms of this Amendment and the Agreement, the terms of this Amendment shall be superseding.

Section 8. REMAINING PROVISIONS
All other remaining terms and conditions of the Agreement shall remain unchanged.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Item Number: 10.

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

CITY OF DESERT HOT SPRINGS

______________________________
Doria Wilms
Interim City Manager
ATTEST:

_____________________________
Jerryl Soriano, City Clerk

APPROVED AS TO FORM:

_____________________________
Jennifer Mizrahi, City Attorney

MIZELL SENIOR CENTER

________________________________

Item Number: 10.

SCOPE OF SERVICES 23/24
Scope of Services
The Scope of Services as outlined in this proposal is designed to provide high quality programs and services to the senior community of Desert Hot Springs. Building on the core of nutrition services, Mizell Center proposes to provide 4.5 FTE on-site employees and continue developing program services that address the many needs of local seniors. Services include health education and support, information and referral, programs that include varying aspects of social, educational, recreational and exercise to help maintain and improve the health and quality of life of seniors residing in the Desert Hot Springs community.

Additionally, our on-site Senior Center Director, under the supervision of Mizell’s Executive Director, designs, develops and implements a schedule of programs that will continue to transform the Desert Hot Springs Senior Center into a community focal point for seniors. Programs and services are designed to increase physical activity, reduce isolation, as well as provide social and recreational opportunities to low-income seniors who may not have any other opportunities to engage with their community. We also envision the continuation of the Volunteer Program for seniors and other community members to become involved and support the general operations of the DHS Senior Center, creating an investment by seniors in their own senior community.

Operations:

Senior Center Hours: The Desert Hot Springs Senior Center will operate from 8:00am until 4:00pm, Monday through Friday.

Daily On-site Operations: Mizell will provide four and a half staff at the DHS Senior Center, totaling 180 hours per week of staff time. Staff include the on-site DHS Senior Center Director (F/T), the Resource Coordinator (F/T) and two Program Assistants (F/T) and one half time Program Assistant. Our experience operating the DHS Center informs us that this staffing pattern is the minimum for optimal Center operations, especially considering the inclusion of the Carl May Building.

The DHS Senior Center will operate a “senior cooling center” for a period of approximately 13 weeks during the summer months (dates to be determined).

Additionally, Mizell provides for the expertise of our Executive Director and Director of Finance – which are utilized to provide operational oversight, new programming and outreach, as well as financial oversight and controls to the operation.

The DHS Senior Center Director is responsible for the daily operations and scheduling of various classes and activities, registration for classes, creation of a regular Center newsletter, and the coordination of the Nutrition Program on-site. The Center Director, in conjunction with the Resource Coordinator, has developed a Volunteer Program for Item Number: 10.

community members to assist in the daily operations of the Center. Additionally, the Director will take the lead in marketing the Center to the local area community and serve as the local contact for area organizations and clubs for utilization of the various meeting rooms.

The Resource Coordinator serves as staff at the reception desk, updates information and referral resources, responds to telephone inquiries, collects any class fees, registers individuals for classes and assists in ensuring that class or event requirements are met. This position also works under the direction of the Center Director in the implementation of a Volunteer Program that is registered with the County of Riverside RSVP Program and assist in coordinating volunteers.

The Mizell Center Executive Director is the direct supervisor of the Center Director and provides management oversight to the programs and services, ensuring that operations and programs are delivered in a timely and professional manner.

The Mizell Center Director of Finance is responsible for implementing cash handling protocols for any fees or rentals collected at the DHS Senior Center. The Director of Finance also has primary responsibility for regular accounting of personnel expenses and providing a detailed monthly finance report to the DHS City Manager or designee.

Desert Hot Springs and Mizell Center
The relationship between the City of Desert Hot Springs and Mizell Center is established by the accepted Scope of Services and Professional Services Agreement to operate the Desert Hot Springs Senior Center. Upon acceptance of this proposal, the parties will continue to meet and discuss the needs and gaps in services that the City of Desert Hot Springs perceives in the provision of senior services.

All DHS Senior Center staff are employees of Mizell Center and are accountable to Mizell Center management, policies and procedures.

Primary communication regarding the services provided under the Agreement are between the Desert Hot Springs City Manager (or designee) and the Mizell Center Executive Director. Authorized Desert Hot Springs representatives will also work with the Senior Center Director on any day-to-day issues or questions that may arise. Only designated representatives as established by the parties to the Professional Services Agreement are authorized to communicate regarding the programs and services provided under the established Scope of Services and Professional Services Agreement. This clearly establishes lines of communication and reduces the incidence of miscommunications from any DHS City or Mizell staff that do not have direct responsibilities for the services provided under the Professional Services Agreement.

The City of Desert Hot Springs designated representative, Mizell Center Executive Director and the DHS Senior Center Director will meet on at least a semi-annual basis to discuss any issues or concerns that may arise with either party to the Agreement.

Item Number: 10.

Mizell Center will continue to maintain all necessary books and records, operations manuals, policies and procedures and other documentation required for the operation and provision of services at the Desert Hot Springs Senior Center and to substantiate any invoices or expenses incurred pursuant to the delivery of services. This information is available for inspection upon request of the City of Desert Hot Springs and in regular reports.

Mizell Center will provide notification to the public and on-site at the Center that Desert Hot Springs Senior Center is operated under contract with the City of Desert Hot Springs and that employees are not agents or employees of the City of Desert Hot Springs and will provide contact information for the designated City of Desert Hot Springs representatives under the Professional Services Agreement.

Reporting
Mizell Center will provide regular monthly reports to the Desert Hot Springs City Manager and City Council (if they so desire) that contain the following:
 Total number of congregate meals served on-site and number of unduplicated clients served.
 Monthly DHS Senior Center calendar outlining programs and services offered  The number of attendees at each program activity
 Evaluations of programs and services provided by program participants  A report on outreach activities to promote the DHS Senior Center  A report on facility rental activities, including group(s), date, time and number of attendees
 A financial report provided in accordance with the approved budget DHS Senior Center Event Programming and Supportive Services Required Information and Assistance to the Public: Mizell Center will continue to provide a fulltime staff person at the front desk (the Resource Coordinator) that answers questions both by telephone and in-person. Mizell has an extensive information and referral system in place and will utilize that information to include additional Desert Hot Springs resources. These include assistance with the Cal Fresh Program, senior housing, HICAP counseling and various other social service programs.

Facility Operations and the Administration of Rental Agreements with the Public:

In order to meet the needs of outside groups and provide a community space, Mizell has the capacity to administer building space rental requests. Mizell Center has extensive experience in operating our 14,000 square foot building and bringing in local community groups and associations as public facility space rental users. We utilize the forms and requirements currently used at Mizell, which include room set-up requirements, deposits, insurance requirements, hours of use, deadlines for providing Item Number: 10.

requested information and other details. Mizell has developed a room rental cost schedule to provide rental prospects that information that they require to rent space.

Outreach to the Community:

The DHS Senior Center Director will conduct community outreach to local churches, community groups, mobile home parks, Chamber of Commerce, and other community organizations. The DHS Senior Center Director will continue to be responsible for dayto-day outreach on-site. Additionally, a monthly calendar with regular class schedules, special events and program information is distributed at the DHS Senior Center, online and throughout the community.

Activities:

Meals on Wheels: Mizell Center is the Riverside County Office on Aging contracted Meals on Wheels provider for the entire Coachella Valley – including Desert Hot Springs. Information concerning all aspects of the MOW Program is available at the DHS Senior Center to promote the program to those in need. Mizell has expanded the basic service to include the daily delivery of freshly prepared meals and trained delivery drivers who are CPR certified and trained to recognize elder abuse through trainings with Riverside County Adult Protective Services. Mizell provides regular outreach and information about Meals on Wheels to the community
Congregate Meals: Mizell Center, through our Nutrition contract with the Riverside County Office on Aging, provides a daily Congregate Meal Program at the DHS Senior Center, serving between 70 – 80 meals each day, five days per week.

Free Farmer’s Market: Mizell Center, working with our partners at FIND Food Bank, provides a weekly Senior Farmer’s Market, offering fresh produce to the senior participants at no cost. Additionally, Mizell has implemented a senior breakfast program serving coffee, tea, juices, yogurt, cereal and baked goods beginning at the 8:30am Center opening.

Games and Activities: Mizell offers a wide menu of games and activities for members and visitors who wish to participate, such as: Mah Jongg, Bingo, and a variety of card games. All of these opportunities are intended to provide opportunities for seniors to involve themselves in brain health activities.

Additionally various arts and crafts classes are available to the members and visitors of the Desert Hot Springs Senior Center. An example of these classes and activities include a knitting circle, crochet and an art studio.

Utilizing our network of resources we offer and coordinate a number of additional services, including HICAP Counseling, and annual flu shot program coordinated with Desert Regional Medical Center, exercise classes (utilizing our instructors for yoga, balance classes, and our valley-wide evidence based program A Matter of Balance.

Item Number: 10.

Budget Narrative 23/24 F/Y
Income:

Desert Hot Springs Senior Center income is derived from a variety of sources that are outlined in the proposed budget.

Expenses:

DHS Center Director: This is a full-time position paid at the rate of $25.63 per hour.

The DHS Center Director is responsible for the day-to-day operation and scheduling of various classes and activities, registration for classes, collecting fees and coordinating the nutrition services delivered on-site. The Center Director, working in collaboration with the Resource Coordinator, develops and implements a volunteer program designed to involve community members in the daily operation of the Center. Additionally, the Center Director assists in the marketing of the Senior Center to the local community and serves as the primary contact for area organizations and clubs for rental space.

Resource Coordinator: This is a full-time position paid at the rate of $19.48 per hour.

The Resource Coordinator serves as the primary staff at the front reception desk, updates information regarding information and referral resources, responds to telephone and email inquiries, registers individuals for classes and events, and assists in ensuring that class or event requirement are met in terms of room set-up. This position also implements the volunteer program that is registered with the County of Riverside RSVP program and assists in coordinating volunteers.

Program Assistant: These are full-time positions, and one part-time position paid at the rate of $17.00 per hour.

Benefits @ 23%: This amount represents the employer share of payroll taxes, unemployment insurance, Worker’s Compensation and various health benefits.

Equipment & Program Instructors: This line item refers to all program activities, including payments to instructors and the supplies that may be necessary for the particular program offering.

Supplemental Food Supplies: Food for supplemental breakfast service. Food service supplies, such as plates, napkins, cutlery, cups and related items.

Office Supplies: Paper, copier toner and printer toner, pens, tape and general office supplies.

Item Number: 10.

Equipment Repair/Maintenance: Repair and maintenance of office equipment, including administrative computers, copy machines and contracted IT support.

Special Events: The DHS Senior Center hosts a myriad of special events throughout the year. These include: the Talent Show, Annual Spring Dance, the Annual Holiday Party and the DHS Festival of Lights.

Refreshments: Coffee, tea, water and related supplies, including creamer, sweetner, cups and napkins.

Administrative Overhead (15%): Includes staff supervision, fiscal operations, audit, payroll processing, staff mileage, general liability insurance and related items.

Item Number: 10.

Mizell Center / Desert Hot Springs Senior Center
Budget FY-2024 per Department
Actual Jul '22 -
May 23
Estimated Jun
2023
ActualEstimated FY2023 Annual Budget FY-2024
Ordinary Income/Expense
Income
4500.10 · DHS Income
4500.15 · DHS Income 192,271 - 192,271 225,5064500.20 · DHS Membership Dues 3,235 294 3,529 4,432 4500.25 · DHS Donations 1,745 159 1,904 2,404 4500.30 · DHS Room Rentals 7,938 722 8,659 8,659 4500.35 · DHS Bingo 6,701 609 7,310 9,100 4500.40 · DHS Programs 1,259 114 1,373 1,373 4500.45 · DHS Snacks / Coffee 2,934 267 3,200 3,850 4500.50 · DHS Thrift Store 13,149 1,195 14,345 20,117 Sponsorships 1,000 Total 4500.10 · DHS Income 229,232 3,360 232,592 276,441 Total Income 229,232 3,360 232,592 276,441
Gross Profit 229,232 3,360 232,592 276,441
Expense
4510.10 · DHS Expense *
4510.15 · Equip. & Program Instuctors 853 9,384 10,237 10,7484510.20 · Supplemental Food / Supplies 3,864 351 4,215 4,4254510.25 · Office Supplies 195 2,147 2,342 2,459 4510.30 · Equip. Repair / Maintenance 172 1,892 2,064 2,1664510.35 · Refreshments 189 2,083 2,273 2,3864510.40 · DHS Special Events 168 1,846 2,014 3,1144510.45 · Administrative Expenses - - 33,826 26,753 Total 4510.10 · DHS Expense 21,216 1,929 49,898 59,124
15% of the agreement value to cover Includes staff supervision, fiscal operations, audit, payroll processing, staff mileage, general liability insurance and related items

4.98%
Food for supplemental breakfast servicePaper, copier toner and printer toner, pens, tape and general office suppliesRepair and maintenance of office equipment (including kitchen and general operation equipment)Coffee, tea, water and related supplies, including creamer, sweetener, cups and napkinsThe DHS Senior Center hosts a myriad of special events throughout the yearBingo program income (twice a week)Income from paid programs such as Tap and Belly dancing, Tai-chi or some special programs.Sale of coffe or snacksNet Income from the sale of donated goods through the thrift store (this income is net of sales tax).Potential sponsorships from the City of Desert Hot Springs for special eventsAny equipment and supplies related to the programs operation, such as bingo supplies, prizes, instructors fees, special programs, among others Description
City of Desert Hot Springs agreement proposalAnnual Memberships duesDonations made by members or general publicRoom rentals for private events (classes, conventions, meetings, among others) 1 DHS (2)
Item Number: 10.

Actual Jul '22 -
May 23
Estimated Jun
2023
ActualEstimated FY2023 Annual Budget FY-2024
4520.10 · DHS Salaries & Wages
4520.15 · Salaries & Wages 128,945 11,722 140,667 179,978 Director of DHS Senior Center $ 25.63 Full Time4520.20 · Payroll Tax Mizell 11,723 1,066 12,789 18,173 Assistant to the DHSSC Director $ 19.48 Full Time4520.25 · Health Insurance 4,673 425 5,098 10,804 Program Assistant $ 17.00 Full Time4520.30 · Workers' Compensation 7,505 682 8,188 7,8164520.35 · Payroll Processing Fees 308 28 336 217 New employees (proposal)4520.40 · Bonus 329 - 329 329 Program Assistant $ 17.00 Full Time4520.45 · 403B Match - - - - Program Assistant $ 17.00 Part Time Total 4520.10 · DHS Salaries & Wages 153,484 13,923 167,407 217,317 Total Expense 15,852 174,700 217,305 276,442 20.60%
Net Ordinary Income 54,532 (12,492) 15,287 (0)
Net Income 54,532 (12,492) 15,287 (0)
-
* Expenses Annual Increase of 4.98%- Based on Consumer Price Index published by the US Department of Labor as of Mar 2023 Salaries Breakdown Budget FY23-24
Fringe Benefits (Includes Workers compensation insurance, health insurance and retirements benefits) 2 DHS (2)
Item Number: 10.

SR-23-176
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: City Manager
Prepared by: Doria Wilms, Interim City Manager
Subject: Cannabis Industry Analysis Report and Recommendations RECOMMENDATION:
1) Direct staff to bring forth an Ordinance to permanently modify the definition of cultivation space, for the purposes of tax collection, to encompass “canopy space” vs. the city’s current methodology of taxing the full square footage of “space utilized” in connection with the cultivation process; 2) Direct staff to bring forth an Ordinance to permanently reduce the cannabis cultivation tax rate from $10.20 per sq. ft. of “space utilized” in connection with the cultivation process to $7.50 per sq. ft. of canopy space;
3) Direct staff to bring forth an Ordinance to align the city’s security requirements to mirror state law for cultivation, manufacturing, and distribution facilities; and 4) Direct staff to bring forth an Ordinance to allow for a 6-month ramp-up period for new businesses to phase in canopy space, for the purpose of calculating tax liability, as new rooms are brought online within a facility.

BACKGROUND:

As one of the first cities to allow for the legal cultivation, manufacturing, and sale of cannabis, Desert Hot Springs experienced a surge of industry related development. Being one of just a few California cities to initially embrace cannabis, Desert Hot Springs was able to capture a significant amount of the state’s first phase of growth.

While the initial demand for cannabis related development in Desert Hot Springs was strong, the industry has experienced a lag in growth. Subsequent to Desert Hot Springs pioneering the industry, many other California cities have embraced cannabis with tax structures that are more economically favorable. In addition to taxes, factors such as security costs, a significant drop in wholesale flower prices, the illicit market, and more are placing added financial burden on operators. These challenges are not unique to Desert Hot Springs. In fact, the State of California suspended its cannabis cultivation tax in 2022 as a result of the strained market conditions.

DISCUSSION:

Staff has met with several local cultivators who have voiced concern over their ability to continue operations under current conditions. In an effort to address these concerns, staff is recommending the following modifications to the cannabis tax structure and cannabis ordinances; Item Number: 11.

SR-23-176
1) Permanently modify the definition of cultivation space, for the purposes of tax collection, to encompass “canopy space” vs. the city’s current methodology of taxing the full square footage of “space utilized” in connection with the cultivation process. 2) Permanently reduce the cannabis cultivation tax rate from $10.20 per sq. ft. of “space utilized” in connection with the cultivation process to $7.50 per sq. ft. of canopy space. 3) Align the city’s security requirements to mirror state law for cultivation, manufacturing, and distribution facilities.
4) Allow for a 6-month ramp-up period for new businesses to phase in canopy space, for the purpose of calculating tax liability, as new rooms are brought online within a facility.

Definition of “Cultivation Space” for the purposes of calculating taxable cannabis square footage.

The current definition of “Space”, for the purpose of calculating cannabis taxes, is overly broad and encompasses areas that are not commonly encompassed in other jurisdictions.

Currently the definition of Cultivation Space is as follows; Cultivation Space – “Space utilized in connection with the cultivation of marijuana shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre-flowering, flowering and harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooking, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any products, supplies or equipment related to any such activities, no matter where such storage may take place or such storage space may be located.”
Staff recommends modifying the definition of cultivation space, for the purposes of tax collection, to “canopy square footage” which is consistent with most jurisdictions where cannabis cultivation has been legalized. This would result in an overall reduction of 68,703 sq. ft. of TAXABLE cannabis square footage; however, this modification would provide relief to the industry while ensuring the city remains competitive from an economic development standpoint.

Item Number: 11.

SR-23-176
Cannabis Cultivation Taxes
In April of 2023, City Council temporarily reduced the cannabis cultivation taxes 50% for the current tax period, from $10.20 per sq. ft to $5.10 per sq. ft. to allow some relief to the industry while staff worked to bring back recommendations to help support the long-term viability of the industry. This resulted in a one-time revenue loss to the city of $2,335,784 for the current tax period.

Staff recommends permanently reducing the cannabis tax from $10.20 per sq. ft for ALL space connected with the cultivation of cannabis, to $7.50 per sq. ft. for canopy square footage.

If adopted, the average operator would realize, on average, a 40% reduction in cannabis taxes per fiscal year. This change would result in an annual revenue loss of $1,762,872.30 in cannabis taxes to the city.

Item Number: 11.

SR-23-176
Security Requirements
Currently stand-alone cannabis cultivation, manufacturing and distribution operators in the city are paying a minimum of $275,000.00 annually to comply with the City’s cannabis security requirements.

Operators in a Cannabis Business Park pay a proportional rate toward security for the business park that averages approximately $32,352.00 annually.

Staff is recommending the City Council align the City’s security requirements for cultivation, manufacturing, and distribution facilities to mirror state law. This modification would result in significant overall savings to the industry, that when combined with the recommended changes to the cannabis tax methodology and tax rates results in a $5.6 million-dollar overall reduction to the cannabis industry.

Item Number: 11.

SR-23-176
6-month Ramp-Up Period
Currently, operators are responsible for the full tax liability on their cultivation square footage from the date of certificate of occupancy. This creates an undue burden in that the industry is responsible for square footage taxes for a space that they’ve yet to produce product in.

Staff is recommending a 6-month ramp-up phase for new facilities coming on-line. Staff recommends taking the square footage of the canopy space, dividing it into 6 segments and phasing in the tax liability over the first 6 months of operation. This methodology would phase in the tax liability as operators are working through their first grow cycle.

FISCAL IMPACT:

If adopted, the average operator would realize, on average, a 40% reduction in cannabis taxes per fiscal year. This change would result in an annual revenue loss of $1,762,872.30 in cannabis taxes to the city.

Item Number: 11.

SR-23-113
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Compliance Director
Subject: Vacation Rental Update and Recommendations
RECOMMENDATION:

Direct staff to bring forward regulations for consideration in the fall encompassing the recommendations of staff and the Sub-Committee on Housing Accessibility and Affordability to:
• Institute a citywide cap on STVR Licenses at 4% of total housing parcels with developed housing units;
• Restrict New Applications (not renewal of existing licenses) for an STVR License from being within 500 ft, measured front door to front door from existing STVR's in the City; • Realign regulations on STVR's for Noise, Trash Cans and Parking to the same regulations used for Residential Properties in the City;
• Modify the Occupancy Regulations for STVR's to those presented in this staff report; • Require Vacation Rental Platforms to:
o Remit TOT directly to the City;
o Remove Vacation Rental advertisements from their platforms for illegal or non-compliant operators when requested to do so by the City;
• Transition from contracted after-hours enforcement to in-house staffing.

BACKGROUND:

On July 5, 2022, the City Council adopted Ordinance 764 amending Chapter 5.44 of the Desert Hot Springs Municipal Code regarding short-term vacation rentals. The amendments included the following:
• More robust regulations for operational requirements and standard conditions such as noise, occupancy, and outdoor amenity restrictions.
• Higher administrative fines for unpermitted vacation rentals. • Requirements for noise monitoring systems.
• Strengthened procedures for vacation rental permit suspensions and revocations.

Additionally, the City Council authorized the City Manager to increase staffing via the hiring of a Code Compliance Technician and a Code Compliance Officer, The City Manager was also authorized to Item Number: 12.

SR-23-113
negotiate and execute an agreement for after-hours enforcement from 7:00 PM - 4:00 AM on Thursday, Friday, Saturday and Sunday of each week.

Lastly, the City Council directed staff to provide an update on the state of vacation rentals and vacation rental enforcement in the City after one year.

The amended regulations went into effect on September 1, 2022.

DISCUSSION:

Vacation Rental Enforcement Launch:

Following the City Councils’ direction, City Staff immediately performed the following:

1. Commenced the hiring process for a Code Compliance Technician dedicated to vacation rental enforcement, and a Code Compliance Officer dedicated to STVR inspections and enforcement actions.
o A Code Compliance Technician was hired in September 2022 o A Code Compliance Officer was hired in October 2022

2. Established vacation rental fees in October 2022
o $1,241.81 general vacation rental
o $931.75 primary residence vacation rental
o $620.90 home-share vacation rental

3. Established after-hours vacation rental enforcement via contracted personnel. o Commenced in November 2022

4. Entered into a contract with a new service provider for vacation rental compliance online monitoring, permitting, and answering center for the complaint hotline. o The software went live in January of 2023

5. Established a vacation rental permitting process and application. Created vacation rental inspection policies, and procedures. Launched and updated City webpage to inform property owners, residents, and occupants on how to file complaints, file for a vacation rental permit, pay transient occupancy taxes, and manage vacation rentals per the City’s municipal code. o City Staff conducted the first vacation rental interior inspection in February of 2023 Vacation Rental Statistics:

As of May 17, 2022
• 242 Identified Short-Term Vacation Rentals
• 118 licensed
• 124 unlicensed
Item Number: 12.

SR-23-113
As of June 26, 2023
• 415 Short-Term Vacation Rentals Licenses
• 304 identified properties
• 45 unlicensed properties(properties with known physical addresses that have a live listing on a home-share site with no vacation rental permit)
• 111 unidentified listings (a live listing with no known physical address) From May 2022 to June 2022 unlicensed properties have decreased by 36%.

VACATION RENTAL STATISTICS
License Statistics:
*Number of Vacation Rental Properties
Month of June 2022: 263
Month of May 2023: 330
Rate Statistics:

Item Number: 12.

SR-23-113
Average Daily Booking Rate Comparison:

Month of June 2022: $284
Month of May 2023: $291
Revenue Statistics:

Host Revenue Statistics Comparison:

Month of June 2022: $570,029
Month of May 2023: $724,019
Transient Occupancy Tax Statistics:

TOT Tax:

Month of June 2022: $68,403
Month of May 2023: $86,883
Item Number: 12.

SR-23-113
COMPLAINT INTAKE:

Vacation rental complaints are filed by any of the following methods:

During the City’s Business Hours

1. Calling the City Hall

2. Calling the Desert Hot Springs Police Department non-emergency dispatch number

3. Calling the City’s Vacation rental hotline number

4. Submitting online at the City’s vacation rental webpage Outside of the City’s Business Hours

1. Calling the Desert Hot Springs Police Department non-emergency dispatch number

2. Calling the City’s Vacation rental hotline number

3. Submitting online at the City’s vacation rental webpage COMPLAINT PROTOCOLS:

During the City’s Business Hours
• A Code Compliance Officer is dispatched to the location to conduct an inspection. o If the complaint is substantiated the Officer will take appropriate enforcement action against the occupant and/or the property owner including but not limited to the following:
• Immediate call to the emergency contact on file
• Verbal warning
• Courtesy notice of violation
• Administrative Citation
• Summary Suspension
• Revocation
Outside the City’s Business Hours
• A Contract Code Compliance Officer is dispatched to the location to conduct an inspection. o If the complaint is substantiated the Officer will take appropriate enforcement action against the occupant and/or the property owner including but not limited to the following:
• Immediate call to the emergency contact on file
• Verbal warning
• Administrative Citation
• Report to City Staff to begin summary suspension or revocation Complaint Statistics:

Complaints by submission type since September 1, 2022
Total: 147
• 69 Online Submissions
Item Number: 12.

SR-23-113
• 24Hotline calls
• 54 Calls for Service
Complaint Type
• 76% Noise
• 13% Trash Cans
• 4% Unpermitted Operator
• 3% Health & Safety
• 2% Occupancy
• 2% Parking
• 92 % UNFOUNDED
ENFORCEMENT:
• 189 Code Compliance Cases
o 43 active cases
o 143 closed cases
• Violations
• 57 Unlicensed Vacation Rental
• 24 Noise Violation
• 25 Trash Can
• 7 Parking
• 5 Other
• Enforcement Actions
o 48 Courtesy Notices of Violation
o 67 Administrative Citations
Administrative Citations Issued: $633,300
TRANSIENT OCCUPANCY TAX:

Since September 2022
• Total STVR TOT revenue is $1,108,793.98.

STAFF TIME COST:

Currently, City Staff is spending the following hours dedicated to the enforcement and regulation of Vacation Rentals:
• Compliance Director
o Approximately 24 hours a month
▪ Fully Burdened Rate: $224.52
• Total Annual Cost: $64,661.76
Item Number: 12.

SR-23-113
• Compliance Management Analyst
o Approximately 60 hours a month
▪ Fully Burdened Rate: $118.94
• Total Annual Cost: $85,636.80
• Code Compliance Officer
o 160 hours a month
▪ Fully Burdened Rate: $140.16
• Total Annual Cost: $269,107.20
• Code Compliance Technician
o 160 Hours a month
▪ Fully Burdened Rate: $99.41
• Total Annual Cost: $190,867.20
Approximate Annual Staff Time Cost: $592,493.76
Contract After-Hours Enforcement Cost:
• $154,116.77
Total Projected Annual Cost: $155,056
Vacation Rental Regulation Cost Annually: $747,549.76
• Total permit fee revenue is $95,388.00

CITY COUNCIL SUB-COMMITTEE ON HOUSING ACCESSIBILITY AND AFFORDABILITY In June of 2023, the Mayor appointed Mayor Pro-Tem Roger Nunez and Councilmember Gary Gardner to a Sub-Committee on Housing Accessibility and Affordability. The goal of this Sub-Committee is to make recommendations to the City Council on affordable housing and increasing the City's affordable housing stock, including looking at STVR enforcement and their impact on the City's housing inventory.

The Sub-Committee has made the following recommendations to the City Council for consideration:
• Institute a citywide cap on STVR Licenses at 4% of total housing parcels with developed housing units.
o Currently there are 9,025 housing parcels, developed with housing units. o There are 11,700 housing units in the City. This figure includes Single Family Residential Units and Multi-Family Units.
o Using these figures, instituting an STVR License cap at 4% of total housing parcels with developed units would allow for 361 parcels to hold STVR licenses. • New Applications (not renewal of existing licenses) for an STVR License be at least 500 feet, measured front door to front door, from existing STVR's in the City. • Realign regulations on STVR's for Noise, Trash Cans and Parking to the same regulations used for Residential Properties in the City.

Item Number: 12.

SR-23-113
o However, ensure that STVR's are mandated to have noise monitors to alert the owner/renter when noise reaches unacceptable levels.
• Modify the Occupancy Regulations for STVR's to the following:

Number of
Bedrooms
Total of Overnight
Occupants
Additional
Daytime
Occupants
Total Daytime Occupants
0-Studio 2 2 4
1 4 2 6
2 6 3 9
3 8 4 12
4 10 5 15
5 or more 12 6 18
Additionally, due to the amount of staff time that's needed to collect TOT and ongoing issues with noncompliant properties advertising on STVR rental platforms, staff is recommending the City Council direct staff to bring back regulations requiring Vacation Rental Platforms to:
• Remit TOT directly to the City.
• Remove Vacation Rental advertisements from their platforms for illegal or non-compliant operators when requested to do so by the City.

Finally, in an effort to alleviate costs, staff is recommending transitioning from contracted after-hours enforcement to in-house staffing. The City Manager has identified an in-house staffing approach that would assist in better serving the residents during weekend focused enforcement.

FISCAL IMPACT:

None.

Item Number: 12.

SR-23-169
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: West Desert Hot Springs Master Drainage Plan (MDP) Cooperative Agreement
RECOMMENDATION:

City Council authorize the City Manager to execute the cooperative agreement between the City, the District and the City of Palm Springs for the design and preparation of the West Desert Hot Springs Master Drainage Plan, including $100,000 for the preparation of the Environmental Impact Report, related technical studies, and California Environmental Quality Act findings for the Master Drainage Plan.

BACKGROUND:

The City’s current Master Drainage Plan (MDP) was prepared by the County of Riverside in 1982 and revised in 2006, therefore it does not include recently annexed areas. Since 2006, the City has expanded its boundaries both to the west and the south requiring additional facilities to be identified in a MDP. Riverside County Flood Control & Water Conservation District prepared a MDP for the western portion of the City of Desert Hot Springs. The City of Desert Hot Springs and Riverside County Flood Control and Water Conservation District began working on developing an MDP for the western portions of Desert Hot Springs, including portions of North Palm Springs. By 2014, the MDP was beginning preparation of an Environmental Impact Report (EIR).

In 2014, work on the West Desert Hot Springs (WDHS) MDP came to a halt, and was never completed.

Now, the City of Desert Hot Springs and Riverside County Flood Control and Water Conservation District wish to resume the preparation of the West Desert Hot Springs MDP.

DISCUSSION:

In 2022, the City of Desert Hot Springs retained JLC Engineering and Consulting, Inc., who was a consultant working on the WDHS MDP with PACE during the initial development of the WDHS MDP.

JLC Engineering was retained to revise the selected MDP alternative based upon the City’s general plan, new development, and planned developments since 2014. The next step in the MDP is the preparation of the EIR, related technical studies, and California Environmental Quality Act (CEQA) findings for the MDP.

The City of Desert Hot Springs, Riverside County Flood Control & Water Conservation District, and the City of Palm Springs wish to enter into a cooperative agreement for the preparation of these studies.

Item Number: 13.

SR-23-169
The following are the City of Desert Hot Springs responsibilities:

Provide the District with copies of engineering documents prepared for the MDP

1. Act as lead agency for CEQA.

2. Within 30 business days, pay $50% of the City’s total contribution of $100,000 to the district for environmental consultant costs in the amount of $50,000.

3. Pay the remaining 50% of the City’s total contribution for environmental consultant costs in the amount of $50,000 within 30 business days of the District providing the final EIR to the City.

4. Present the MDP to City Council for adoption.

The City of Palm Springs responsibilities are:

1. Act as lead agency for CEQA.

2. Present the MDP to City Council for adoption.

Riverside County Flood Control and Water Conservation District responsibilities are:

1. Act as lead agency for CEQA.

2. Assume the primary responsibility for the preparation of the MDP CEQA documentation.

3. Issue invoices for payment to the City of Desert Hot Springs.

4. Adopt the MDP.

FISCAL IMPACT:

This project will be funded through the Storm Drainage Development Impact Fee Fund (108) anticipating $50,000 for Fiscal Year 23-24 and $50,000 for Fiscal Year 24-25 for a total of $100,000.

The estimated cost of this project has been included in the Fy23-24 FY24-25 Two Year Budget.

ATTACHMENTS:

Exhibit 1 - Cooperative Agreement
Item Number: 13.

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COOPERATIVE AGREEMENT
West Desert Hot Springs Master Drainage Plan (MDP)
Project No. 6-0-00831
This Cooperative Agreement ("Agreement"), in effect and dated as of _____________, 2023, is entered into by the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), the City of Desert Hot Springs, a municipal corporation ("DESERT HOT SPRINGS"), and the City of Palm Springs, a municipal corporation ("PALM SPRINGS"). DISTRICT, DESERT HOT SPRINGS and PALM SPRINGS are collectively referred to herein as "PARTIES" and individually as "PARTY". DESERT HOT SPRINGS and PALM SPRINGS are collectively referred to herein as "CITIES". PARTIES hereto agree as follows:

RECITALS
A. CITIES wish to accommodate orderly growth in areas currently within their respective City boundaries and spheres of influence by preparing the West Desert Hot Springs Master Drainage Plan which will provide a comprehensive blueprint for the orderly development of the necessary flood control and drainage system infrastructure (hereinafter, the "MDP" or "PROJECT"); and
B. The proposed study area for the new MDP will encompass areas of interest as mutually agreed by PARTIES; and
C. PARTIES agree that this is a collaborative effort, and that each agency plays an important role in the successful completion of the PROJECT and agrees to be responsive and diligent therein; and
D. DESERT HOT SPRINGS is willing to assume the lead engineering role for the MDP and, therefore, will provide the administrative, technical, managerial and support services necessary to plan and design the MDP; and
Item Number: 13.

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E. DISTRICT is willing to provide technical advice, consultation and review of various engineering elements of the MDP; and
F. DISTRICT is willing to assume the primary role for the preparation of the Environmental Impact Report ("EIR"), related technical studies and California Environmental Quality Act ("CEQA") findings for the MDP, although it is noted that DISTRICT is merely a responsible agency; and
G. DISTRICT, in cooperation with DESERT HOT SPRINGS, (i) has selected a qualified environmental consultant, Psomas, hereinafter called "ENVIRONMENTAL CONSULTANT", to prepare the EIR, related technical studies and CEQA findings for the MDP; (ii) has negotiated a fee of $200,000 for such services and (iii) subsequent to the execution of this Agreement, will enter into a separate agreement with ENVIRONMENTAL CONSULTANT; and
H. The cost of ENVIRONMENTAL CONSULTANT's contract shall be shared equally between DISTRICT and DESERT HOT SPRINGS, including appropriate expenses and any approved extra work; and
I. Prior to authorizing ENVIRONMENTAL CONSULTANT to perform any work that exceeds the initial cost of $200,000, DISTRICT and DESERT HOT SPRINGS shall mutually agree in writing that the additional services are desired, and DESERT HOT SPRINGS and DISTRICT shall share the additional cost equally. The overall additional amount shall not exceed $50,000. This additional amount may be approved by DESERT HOT SPRINGS' City Manager and the DISTRICT's General Manager-Chief Engineer or his designee; and J. PARTIES shall each be responsible for their respective staff costs and expenses including the cost of any additional consultants retained by their agency to assist with the administration of their respective responsibilities or with their review of ENVIRONMENTAL CONSULTANT's work pursuant to this Agreement.

Item Number: 13.

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NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, PARTIES hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
DESERT HOT SPRINGS shall:

1. Provide DISTRICT with copies of engineering documents prepared for the MDP, including supporting documentation, for review, comment and approval to ensure consistency with DISTRICT MDP standards.

2. Pursuant to CEQA, act as Lead Agency and assume responsibility for adoption of all environmental documents for the MDP.

3. Within thirty (30) business days of executing this Agreement, pay DISTRICT fifty percent (50%) of their total contribution of $100,000 for ENVIRONMENTAL CONSULTANT's contract cost.

4. Review all deliverables prepared by ENVIRONMENTAL CONSULTANT in accordance with the applicable DESERT HOT SPRINGS standards and provide any comments to DISTRICT concerning the general completeness and adequacy within twenty-one (21) days of receipt.

5. Pay DISTRICT for the remaining fifty percent (50%) of their total contribution of $100,000 for ENVIRONMENTAL CONSULTANT's contract cost and their additional share of any overage to the original contract amount as agreed upon pursuant to Section I of the Recitals herein within thirty (30) business days of DISTRICT providing the Final EIR to DESERT HOT SPRINGS.

6. If deemed appropriate by the City Council, in its sole discretion and independent judgment, formally adopt the MDP, file the appropriate CEQA documents prepared Item Number: 13.

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by ENVIRONMENTAL CONSULTANT with the County Clerk and State Clearinghouse and pay associated filing fees for the CEQA Notice of Determination.

7. Reimburse DISTRICT for 100% of their costs of the amount spent on ENVIRONMENTAL CONSULTANT's contract if DESERT HOT SPRINGS elects not to proceed with the preparation and/or adoption of the MDP.

SECTION II
PALM SPRINGS shall:

1. Act as Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA for the MDP.

2. Review all deliverables prepared by the ENVIRONMENTAL CONSULTANT in accordance with the applicable PALM SPRINGS standards and provide any comments to DISTRICT concerning the general completeness and adequacy within twenty-one (21) days of receipt.

3. Present the prepared MDP and CEQA documents to the Palm Springs City Council for approval and adoption.

4. If PALM SPRINGS adopts the MDP, file the appropriate Responsible Agency CEQA documents after DESERT HOT SPRINGS has adopted the MDP and filed the appropriate Lead Agency CEQA documents.

SECTION III
DISTRICT shall:

1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA for the MDP.

2. Assume the primary responsibility for the preparation of the MDP CEQA documentation and the administration of ENVIRONMENTAL CONSULTANT's contract.

Item Number: 13.

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3. Upon execution of this Agreement, issue a first invoice to DESERT HOT SPRINGS' City Manager's Office for fifty percent (50%) of their total contribution of the ENVIRONMENTAL CONSULTANT's contract cost.

4. Issue a second invoice to DESERT HOT SPRINGS' City Manager's Office for the remaining fifty percent (50%) of their total contribution, including any additional costs, of ENVIRONMENTAL CONSULTANT's contract cost upon delivering the Final EIR to DESERT HOT SPRINGS.

5. Adopt the MDP and file the appropriate Responsible Agency CEQA documents after DESERT HOT SPRINGS has adopted the MDP and filed the appropriate Lead Agency CEQA documents.

SECTION IV
It is further mutually agreed:

1. PARTIES shall cooperate with the right to review and copy any records and supporting documentation, provided disclosure of such records is not contrary to applicable law, pertaining to the performance of this Agreement by any duly authorized representative of the County of Riverside, the State of California or other regulatory agency (collectively, "Auditing Parties"). DISTRICT agrees to maintain such records for possible audit for a minimum of three (3) years after final payment. DISTRICT agrees to allow the Auditing Parties access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

2. DISTRICT shall indemnify, defend, save and hold harmless CITIES and each of their respective officers, agents, servants, employees and independent contractors free and harmless from any and all claims, demands, debts, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, the expenses of the defense of said parties and the payment of attorneys' fees in any such action, Item Number: 13.

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arising out of or in any manner connected with any act or omission of DISTRICT, its officers, agents, servants and employees, done or performed pursuant to this Agreement.

3. DESERT HOT SPRINGS shall indemnify, defend, save and hold harmless CITY OF PALM SPRINGS and DISTRICT and their respective officers, agents, servants, employees and independent contractors free and harmless from any and all claims, demands, debts, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, the expenses of the defense of said parties and the payment of attorneys' fees in any such action, arising out of or in any manner connected with any act or omission of DESERT HOT SPRINGS, its officers, agents, servants and employees, done or performed pursuant to this Agreement. DESERT HOT SPRINGS' obligation hereunder shall be satisfied when DESERT HOT SPRINGS has provided to DISTRICT the appropriate form of dismissal relieving DISTRICT from any liability for the action or claim involved.

4. PALM SPRINGS shall indemnify, defend, save and hold harmless CITY OF DESERT HOT SPRINGS and DISTRICT and their respective officers, agents, servants, employees and independent contractors from any and all claims, demands, debts, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, the expenses of the defense of said parties and the payment of attorneys' fees in any such action, arising out of or in any manner connected with any act or omission of PALM SPRINGS, its officers, agents, servants and employees, done or performed pursuant to this Agreement. PALM SPRINGS' obligation(s) in this Section shall be satisfied when PALM SPRINGS has provided to DISTRICT or DESERT HOT SPRINGS the appropriate form of dismissal relieving DISTRICT or DESERT HOT SPRINGS, as the case may be, from any liability for the action or claim involved.

Item Number: 13.

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5. With respect to any action or claim subject to indemnification herein by CITIES, DISTRICT and each of them, shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes DESERT HOT SPRINGS or PALM SPRINGS indemnification of DISTRICT as set forth herein.

6. In the event there is conflict between this Section IV and California Civil Code Section 2782, this Section shall be interpreted so as to comply with Civil Code 2782, such that no PARTY may be held liable for the active negligence of a public agency indemnitee. Such interpretation shall not relieve PARTIES from indemnifying their respective indemnitees to the fullest extent allowed by law.

7. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

8. This Agreement is to be construed in accordance with the laws of the State of California.

9. Any action at law or in equity brought by any of the PARTIES hereto for the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the PARTIES hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

10. Neither DESERT HOT SPRINGS, nor PALM SPRINGS, nor DISTRICT shall assign this Agreement without the written consent of the PARTIES. Any attempt to delegate or assign any interest herein shall be deemed void and of no effect.

Item Number: 13.

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11. This Agreement is made and entered into for the sole protection and benefit of the PARTIES hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

12. Any and all notices sent or required to be sent to the PARTIES of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF DESERT HOT SPRINGS AND WATER CONSERVATION DISTRICT 11-999 Palm Drive
1995 Market Street Desert Hot Springs, CA 92240
Riverside, CA 92501 Attn: Doria Wilms, Interim City Manager Attn: Joan Valle, Chief of Regulatory

CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Joel Montalvo, MPA, PE, City Engineer

13. This Agreement is the result of negotiations between the PARTIES hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance.

Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

14. Any waiver by DISTRICT, or DESERT HOT SPRINGS, or PALM SPRINGS of any breach by any other party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT, or DESERT HOT SPRINGS, or PALM SPRINGS to require from any other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or stopping DISTRICT, or DESERT HOT SPRINGS, or PALM SPRINGS from enforcing this Agreement.

15. This Agreement is intended by the PARTIES hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive Item Number: 13.

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statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the PARTIES hereto.

16. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on the PARTIES hereto.

17. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in parties not parties to this Agreement.

18. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each PARTY of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17) for executing this Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
[Signatures on next pages]
Item Number: 13.

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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

MING TRAN

COUNTY COUNSEL

KIMBERLY RECTOR
Clerk of the Board
By

KRISTINE BELL-VALDEZ
Deputy County Counsel
By
Deputy
(SEAL)
Cooperative Agreement w/City of Desert Hot Springs and Palm Springs West Desert Hot Springs MDP
05/30/23
JDS:rlp
Item Number: 13.

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RECOMMENDED FOR APPROVAL: CITY OF DESERT HOT SPRINGS
By

DORIA WILMS
Interim City Manager
APPROVED AS TO FORM: ATTEST:

By
JENNIFER A. MIZRAHI
City Attorney
By

JERRYL SORIANO, CMC
City Clerk
(SEAL)
Cooperative Agreement w/City of Desert Hot Springs and Palm Springs West Desert Hot Springs MDP
05/31/23
JDS:rlp
Item Number: 13.

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CITY OF PALM SPRINGS
By

SCOTT STILES
City Manager
APPROVED AS TO FORM: ATTEST:

By
JEFFREY S. BALLINGER
City Attorney
By

BRENDA PREE, MMC
City Clerk
(SEAL)
Cooperative Agreement w/City of Desert Hot Springs and Palm Springs West Desert Hot Springs MDP
05/31/23
JDS:rlp
Item Number: 13.

SR-23-122
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: Police Department
Prepared by: Steven Shaw, Deputy Police Chief
Subject: Graffiti Abatement Services
RECOMMENDATION:

Award a contract to Graffiti Protective Coatings, Inc. (GPC) for Graffiti Abatement Services and authorize the City Manager to execute a Professional Services Agreement with Graffiti Protective Coatings, Inc. for graffiti abatement services for a term of one (1) year in the amount not to exceed $90,000 per fiscal year; with substantive edits to be negotiated and approved by the City Manager and upon approval as to form by the City Attorney. The City reserves the option to extend the contract under the same terms and conditions for a maximum of one (1) additional one-year at current price levels.

BACKGROUND:

The Professional Services Agreement with the City’s current vendor for graffiti abatement services, Graffiti Protective Coatings, Inc. (GPC), expires on June 30, 2023.

DISCUSSION:

A Request for Proposals (RFP) for graffiti abatement services within the City limits on both public and private property was issued on May 15, 2023, with the submittal deadline on June 16, 2023. One (1) proposal was received which was from our current vendor, Graffiti Protective Coatings.

Highlights of the RFP were that the vendor be able to provide:
• A free application program that allows reporting of graffiti via smart phone or other similar devices,
• Color matching/blending techniques for painted surfaces, • Canvassing of major thoroughfares for new graffiti at least four times per week, and • Photography and reporting of graffiti to the Police Department.

The submitted proposal has been reviewed and it has been determined that Graffiti Protective Coatings meets the bid criteria will be able to perform the Scope of Work as detailed in the RFP.

Item Number: 14.

SR-23-122
FISCAL IMPACT:

The City Council has approved a line-item budget of $90,000 for Fiscal Year 22/23, and $90,000 for Fiscal Year 23/24, for graffiti abatement in account 245-4320-42-23-0000.

GPC has offered to perform services that will meet and exceed all requirements of the RFP for a cost of $20.80 per stop, not to exceed $90,000 per fiscal year. The billing for the current fiscal year (11 months) has been a total of $73,927.40.

ATTACHMENTS:
1) Graffiti RFP
2) Graffiti Abatement PSA
Item Number: 14.

PART I:

REQUESTFOR PROPOSAL

PROVIDE GRAFFITI ABATEMENT SERVICES

SELECTION CRITERIA
A ?nal contract will be awarded to the Contractor who best can meet the requirements as speci?ed; and provide graf?ti abatementservice as detailed in ExhibitA and based on the following factors which are listed without implication of priority:

1. PARTII:

Information regarding the Contractor’s experience and proposalsto successfully provide graf?ti abatementservice.

The ability and willingness of the Contractor to meet all requirements as outlined in the scope of work (see Exhibit A).

Provide a list of client references and an outline of any experience the Contractor has had in providing graf?ti abatementservice needs of other governmental organizations, or any other organization. In addition, provide a list of client references along with a resume of the company's experience providing graf?ti abatement service including the name, address and telephone number of client references that may be contacted. Provide a brief descriptionof each graffiti abatementservice performed.

The thoroughness and conformity of the proposal package, and the cost of service.

Provide a written proposal itemizing the graf?ti abatement service as outlined in Exhibit A, scope of work. The City reserves the right to clarify and further de?ne the scope of work and pricing.

INS TRUCTIONS, CONDITIONS, and LE GAL RE 0 UIREMEN T
Contractor shall provide an email with attachment of the proposal.

The City of Desert Hot Springs has outlined the requirements herein in as much detail as is currently known. Please provide any exceptions, additional information, or suggestions that will aid in the City’s selection process (attachments are acceptable).

The Contractor shall defend, indemnify, and hold the City of Desert Hot Springs, its of?cers, agents, volunteers, and employees free and harmless from any and all causes of action or claims of damages arising out of or related to the Contractor performance under this contract.

Item Number: 14.

10. 11.

The City reserves the right to negotiate terms and scope of work with the highest ranked Contractor. If an agreement carmot be negotiated the City reserves the right to negotiate with any other Contractor. The contract shall not exceed $90,000.00 per year.

Contractor shall identify those servicesthat will be out-sourced to a sub-Contractor. The Contractor will be responsible for verifying the proposals and validity of all licensesor permitsfor any out-sourced work to sub-Contractors. The Contractor is also responsible for paying its employees and any sub-Contractorsthe Contractor hires.

Selected Contractor is required to comply with all existing State and Federal labor laws.

Selected Contractor is also responsible for complying with all OSHA standardsand requirements.If Contractor out-sources any work or job to a sub-Contractor, it will be the prime Contractor’s responsibility to ensure that all sub-Contractors meet the requirements as stated in this RFP.

A contract will be awarded to the most quali?ed Contractor. Although price is of prime consideration,it is not the sole determining factor. The City reserves the right to select the appropriate contractor based on the most quali?ed proposal. The determination of the most quali?ed and most competitively priced proposal may involve all or some of the following factors:price, thoroughness of the proposal package; previous experience and performance; conformity to scope of work in Exhibit A; ?nancial ability to ful?ll the contract; ability to meet scope of work; terms of payment; compatibility, as required; number of sub-Contractorsthe main Contractor may need to employ for out-sourced work; other costs; and other objectives and accountable factors which are reasonable. The City reserves the right to select a Contractor to perform all of the work identi?ed in the RFP, or only selected portions based on price and/or other factors.

Before execution of the contract, the selectedContractor is obligated to provide evidence of liability insurance to include: Worker’s Compensation, General Liability, and Automobile Liability.

The successful Contractor shall be an independent contractor, and nothing shall be construed to cause the Contractor to be deemed or represent itself as an agent or employee of the City.

Any evidence of agreement or collusion among Contractors acting illegally to restrain freedomof competition by agreement to propose a ?xed price, or otherwise, will render the proposal of such Contractors void.

The selected Contractor agrees to maintain a City of Desert Hot Springs Business License for the duration of the contract.

Item Number: 14.

12. 13.

14. 15.

16. 17.

18. Contractor agrees that all service by the Contractor shall be to the satisfaction of authorized City personnel. In the event that the Contractor defaults on performance of any of these requirements,then the City shall have the right to terminate this agreement upon thirty (30) days written notice deliveredto the Contractor by certi?ed mail or courier. Tennination of the contract will not relieve the Contractor of any liability to the City for damagessustained by the City becauseof any breach of contract by the Contractor, and the City may withhold any payments to the Contractor until such time as the exact amount of damages due the City from the Contractor is determined.

The Contractor shall submit a list of at least ?ve (5) referencesthat have purchased similar servicesfrom the Contractor. Contractor shall provide company name, contact name and phone numberfor each reference.

The term of the contract shall commence On July 1, 2023 and upon execution by the City Council or authorized City representative and continue through June 30, 2024. The City reserves the option to extend the contract under the same terms and conditionsfor a maximum of one (1) additional one-year at current price levels.

The contract between Contractor and the City is non-transferable. Contractor shall under no circumstances assign the agreement withoutwritten permission of the City. Contractor shall notify the City, in writing, of any change in ownership at least thirty (30) days prior to said change.

The standard form of the City’s Contractor Agreement is attached hereto as Exhibit B.

The selected Contractor will be required to enter into this Agreement. By submitting a proposal, Contractor certi?es to the City that he/she has reviewed the speci?cations of the RFP and the tenns of the agreement and has incorporated all direct and indirect costs of complyingwith the scope of work and the agreement into the Proposal.

The City's terms for payment are net 30 upon receipt of invoice. Contractor shall submit invoices between the ?rst and ?fteenth businessday of each month for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees.

Prohibited Interest — No of?cer, or employee of the City of Desert Hot Springs shall have any ?nancial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s sub-Contractorsfor this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no of?cer or employee of the City of Desert Hot Springs has any interest, whether contractual, non-contractual, ?nancial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s sub-Contractors on this project. Contractor further 3 Item Number: 14.

PART III:
agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

GENERAL INFOR1l*I/4TI01V
Contractor is required to carefully and fully investigate all of the requirements of this RFP. By submittinga proposal,Contractor represents and certi?es to the City that such investigation has been completed and that it fully understandsthe scope of work.

The City reserves the right to reject any and all proposals when deemed necessary.

The City will not reimburse Contractors for any costs involved in the preparation and submission of proposals. Furthermore, this RFP does not obligate the City to accept or contract for any expressed or implied services.

The City reserves the right to request any Contractorsubmitting a proposal to clarify its proposal or to supply additional material deemed necessary to assist in the selection process.

If an Exhibit “A” requirement carmot be met by a Contractor, then the Contractor should submit a “No Proposal” response for the itemsaffected. Alternate or equivalent items may be submitted for consideration by the City, unless otherwise speci?ed.

All submittedproposals and informationincludedtherein or attached thereto shall become public records upon contract award.

Contractor is requested to provide any exceptions, additional information or suggestions that will aid in the City’s selection process.

Any questionsregarding this RFP should be referred to Steve Shaw, Deputy Chief, at [email protected].

Item Number: 14.

Exhibit A
The Scope of Work
The scope of this RFP is to remove graf?ti from private and public property throughout the city upon identi?cation and/or notification. For purposes of the proposal and agreement, “per stop” shall be de?ned as each parcel or site address. Withinthe “per stop” price, contractor must consider the following:

1. Contractor is expected to digitally photographall graf?ti prior to removal. These photographsshall be turned into the City/Agency no lessthan once per week on a compact disk or other digital media agreed upon with the Agency for use by the City’s Police Department. Each photographwill be accompanied by the following information:
a. Date and time of removal.
b. Location of graffiti.
c. Descriptionof graf?ti (tags, monikers)
The Contractor is expected to provide their own digital camera(s). These cameras must meet the following minimum specifications:

Date and time stamp capabilities, 7.1-megapixel CCD captures high-resolution images up to 3081 x 2313 pixels and 12x optical/4.2x digital/50x total zoom, or better.

The Contractor is expected to provide a free application program that allows residents, City employees, and others with smart phones (Droids, iPhones, etc.) to send photos of graf?ti to both the Contractor’s employees as well as the City’s Code Enforcement Unit. It is expected the program would use built—inglobal positioning system technology to attach to the picture and send the complaint/notice. Users should be able to remain anonymous or choose an option to receive updates on the status of their request.

The City/Agency may elect to utilize a database or service to track graf?ti incidents and trends. The Contractor will be expected to provide support to the City/Agency’s efforts in this endeavor (for example, through electronic record keeping of graffiti incidents abated or the use of digital photography, although 5 Item Number: 14.

10. 11.

12. 13.

14. other activities may be requested.) In the event the City/Agency electsto use a different tracking mechanism, the Contractor will be expected to adapt to the new system.

The Contractor will be expected to attend regular meetings with City/Agency staff.

The Contractor’s staff may be required to attend meetings or training sessions with the City’s Police Department related to the graf?ti services being provided.

Contractor must use commercially accepted color matching/blendingtechniques and equipmentto closely match adjacent painted surfaces.

Such locations where graffiti has been previously painted over using nonmatching colors, the area shall be painted over by the contractor using a color that closely matches the rest of the entire surface.

On such locations where surfaces carmot be closely matched due to fading, stains, numerous painting patches etc., the contractor shall paint the entire surfacewith a color that closely matchesthe original color.

Contractor will canvass major thoroughfaresfor new graf?ti at least four times per week. Additionally, Contractor will contact the Chief of Police, or his designee, to assess if there are upcoming City events that will determine speci?c areas of attention that need to be addressed that week. The supervisor or designee may add or remove sites at their discretion.

Contractor will obtain all necessary permissions from property owners prior to graf?ti removal.

The contractor shall provide all personnel, equipment, tools, materials, supervision and other items and services necessary to perform Graffiti Removal Services defined below for the City of Desert Hot Springs. The contractor shall perform to the standard in this document.

The contractor shall use high quality commercial paint and appropriate graf?ti removal chemical agents. If contractor intends to use experimental or other nontraditional methods or materials, such methods or materials must be approved by the Chief of Police, or his designee, prior to use.

Contractor agrees to furnish graf?ti removal services as follows:
a) Continued on-going removal of all graffiti utilizing the following techniques where applicable:

Item Number: 14.

b)
g)
h)

1.) Paint over using a color matching technique (including custom blending paint colorsif necessary).

2.) Chemical Removal

3.) Sand Blasting

4.) Water Blasting, Pressure Washing or Soda Blasting
Graffiti that is painted over shall be done with a paint color similar to adjacent surfaces. Such locationswhere graffiti has been previously painted over using non-matchingcolors, the area shall be painted over by the contractor using a color that closely matches the rest of the surface.

Graffiti on natural surfaces, such as unpainted block or wood, shall be removed with water/sand/soda blasting. The Contractor is responsible for any damage that occurs as a result of their chosen cleaning method.

All underlying graf?ti shall not be visible.

All work shall be subject to approval of the Chief of Police or his designee.

Any work in need of correction shall be satisfactorily corrected by the contractor at the Contractor’s own expense within one (1) working day of said noti?cation by City/Agency.

Before the work will be considered complete, the entire area shall be placed in a neat and orderly condition. Debris and other excess material related to the graffiti removal process shall be removed from the site.

Provide support to aid the City/Agency in tracking graf?ti incidents. Such support will include but is not be limited to the following:

1. Digital Photographs of Graffiti Removed.

2. Description of graffiti (tags, monikers).

3. Location of graffiti (street address, description of where graf?ti found such as on wall or sidewalk, etc.)

4. Computer based mapping of events and locations.

An activity log shall be submittedwith the monthly invoices for services rendered. This log shall have the following information:

Date of Removal.

Location of graf?ti sites.

Descriptionof graffiti (tags, monikers).

Methods of removal.

Job size.

Item Number: 14.

15. 6. Cost to City/Agency.

CONTRACT MANAGER — The contractor shall provide a contract manager or foreman who can communicateeffectively both in writtenand oral English. This person shall represent the contractor and be responsible for the perfonnance of the work. The name of this person and any altemate(s) who shall act for the contractor when the manager is absentshall be designated in writing to the Chief of Police, or his designee at the start of the contract term. The City/Agency must be noti?ed in writing within ?ve (5) days of any change in either the primary or alternate contact person.

The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operations of this contract. Any order or communicationgiven to these foremenshall be deemedas deliveredto the Contractor.

The contract manager or alternate shall be available during normal City/Agency working hours within one (1) hour to meet with City/Agency personnel designated by the Chief of Police to discuss problem areas. After normal business hours, the manager or designated alternate shall be available within four (4) hours.

Contractor personnel shall present a neat appearance and be easily recognized.

This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges which contain the company name, employee name and photo of employee.

Personnel assigned to this contract shall not be incompetent,disorderly, troublesome, intemperate or otherwise objectionable. Any employee, who fails or refusesto perform the work properly and acceptably, as detennined by the City/Agency’s designated representative, shall be discharged or removed from work on City/Agency jobs immediately.

All contractor trucks and other vehiclesshall be of one color with the Contractor’s name or logo identi?ed. All vehiclesand equipmentshall be in good condition and appearance.

In the event the contractor is requested to remove graf?ti that is not reachable due to gate(s) or other such obstruction, the contractor is expected to notify the City/Agency and request assistance in accessing the area in question.

Contractor shall be responsible for providing a safe work environment, and compliancewith standards and regulations of the California Occupational Safety and Health Act (Cal OSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State Of 8 Item Number: 14.

16. 17.

California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or Agency risk management standards.

Contractor will comply with the provisions of the Immigration Reform and Control Act of 1986,Public Law 99-603.

The contractor shall establish and maintain a complete Quality Control Plan to ensure the requirements of the contract are provided as speci?ed. One copy of the contractor’s Quality Control Plan shall be provided to the Police Department Commander not later than the pre-performance conference. An updated copy must be provided to the Chief of Police or his designee within 5 days of any changesin the plan. The plan shall include: The methods for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable.

The City/Agency will evaluate the contractor’s performance under this contract using the methods of surveillance. When an observation indicates defective performance, the Chief of Police or designated representativewill notify the contractor.

Graffiti Removal services shall be provided four (4) days per week. No Friday, Saturday or Sunday work isto be scheduled without permission from the City/Agency except for emergency situations.

The Contractor will have staff available by phone, cell phone, or pager contact (not an answering machine), Monday through Thursday, between 8:00 a.m. and 5:00 p.m. to respond to call-outs, questions, veri?cation of schedules, and other non-emergency requests or questions.

Working hours shall be no earlier than 6:00 a.m. and no later than 6:00 p.m.

Emergencies are the only exception. Graffiti Removal work shall not start before 6:30 a.m. and shall be completed before 6:00 p.m.

RECOGNIZED HOLIDAYS — The contractor is not required to provide service on City/Agency and or Federal holidays. Emergencies are the only exception.

HOLIDAY WORK SCHEDULE - When service is performed ?ve times weekly or less frequently, services scheduled for a holiday will be preformed either the week day before or the week day following the holiday, if not otherwise performed.

Item Number: 14.

18. AGENCY CLOSURE - If there is a City/Agency closure due to a natural disaster, hostile action, or any other unforeseeableemergency, the Chief of Police or his designee will determine whetherthe contractor will continue to perform services called for by this contract.

Contract supervision of the Graf?ti Removal Services Contract will be provided by the City/AgencyRepresentative.The Chief of Police has overall oversight over the above mentioned staff and the program. City/Agency staff will follow establishedpolicies and procedures in their contract oversight activities.

Schedulesfor speci?c work tasksrequiredas part of the Agreement will be determinedand/or establishedaccording to the guidelinesdescribedin the SOPs.

The City/Agency reserves the rightto review Contractor perfonnance at any time during the term of the Agreement. These reviews will be conductedin a manner describedin the SOPS.
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SR-23-174
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Cooperation Agreement for the Community Development Block Grant (CDBG)
RECOMMENDATION:
1) Adopt a Resolution of the City Council of the City of Desert Hot Springs authorizing the participation in the County of Riverside's Urban County Program for Fiscal Years 2024-2025, 2025-2026, and 2026- 2027; and
2) Authorize the Mayor to execute a Cooperation Agreement for the Community Development Block Grant (CDBG), HOME investment Partnerships Program, and Emergency Solutions Grant for fiscal years 2024-2026.

BACKGROUND:

Over the past five years, the City has been awarded just over $200,000 to just under $300,000 annually in Community Development Block Grant (CDBG) grant funding. The detail funding per year is shown below:

Fiscal Year 2018-19 = $219,000
Fiscal Year 2019-20 = $210,000
Fiscal Year 2020-21 = $247,000
Fiscal Year 2021-22 = $291,000
Fiscal Year 2022-23 = $296,000
These funds have been specifically used and/or allocated for the Tedesco Park Restroom Replacement Project, Reflection Park Project Phase I and II and the Mission Springs Park Restroom Rehabilitation Project.

Each year the City submits a grant application through the CDBG program and is awarded an eligible amount. In order for the City to be eligible to participate in the CDBG program and submit grant applications, the City must have an executed cooperation agreement in place. The current cooperation agreement is set to expire on July 30, 2023.

DISCUSSION:

This new cooperative agreement is for the City to participate in the County of Riverside Community Development Block Grant (CDBG), HOME Investment Partnership Program, and Emergency Solution Item Number: 15.

SR-23-174
Grant for fiscal years 2024 - 2026. Execution of the Cooperation Agreement and adoption of the resolution will allow the City to participate in the CDBG program through Riverside County Economic Development Agency.

FISCAL IMPACT:

Additional grant funds would be available for City projects and programs.The estimated annual allocation is around $300,000.

ATTACHMENTS:
1) Resolution
2) Letter regarding Cooperation Agreement for Urban County Qualification 2024-2026 3) Cooperation Agreement
Item Number: 15.

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RESOLUTION NO. _________

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

SPRINGS
AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S

URBAN COUNTY PROGRAM FOR FISCAL YEARS
2024-2025, 2025-2026, AND 2026-2027
WHEREAS, the City of Desert Hot Springs has elected to participate as unit of local government (Cooperating City) in the County of Riverside’s Urban County Program for Federal Fiscal Years 2024-25, 2025-26, and 2026-27; and WHEREAS, the Cooperation Agreement will allow the County and City to carryout activities which are funded by Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) funds, and Emergency Solutions Grant (ESG); and WHEREAS, the Cooperation Agreement will allow the Cooperating City to participate in the Urban County Consolidated Planning Programs.

NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED, by the City Council of the City of Desert Hot Springs sitting in regular session on July 5, 2023, that:

1. The Cooperation Agreement between the County of Riverside and the City of Desert Hot Springs is hereby approved; and

2. The City Council hereby authorizes and directs the Mayor to execute the Cooperation Agreement on behalf of the City of Desert Hot Springs.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 5th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Item Number: 15.

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_____________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney
Item Number: 15.

3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 June 19, 2023
Doria Wilms, City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
SUBJECT: Cooperation Agreement for Urban County Qualification 2024-2026; Community Development Block Grant, HOME Investment
Partnerships Program, and Emergency Solutions Grant.

Dear Ms. Wilms:

This letter serves to confirm the City of Desert Hot Springs election to participate in the County of Riverside's Community Development Block Grant, Emergency Solutions Grant, and HOME Urban County programs for Federal Fiscal Years 2024, 2025, and 2026 (July 1, 2024, through June 30, 2027).

Cities that have chosen to be included in the designation must enter into a cooperation agreement no later than July 30, 2023. During the three-year period beginning July 1, 2024, and ending June 30, 2027, cities will not be allowed to withdraw from the County's urban program. Any unincorporated portion of the County that incorporates, or is annexed, during the qualification period will remain a part of the urban county through the end of the period.

Execution of the Cooperation Agreement and a d o p t i o n of the resolution allows the City of Desert Hot Springs to participate in the County's CDBG, HOME, and ESG programs. Consequently, the City is ineligible to apply for grants under HUD's Small Cities (State CDBG) programs, and the City cannot receive funding through a HOME consortium, for the fiscal years during the period in which you are participating in the Urban County program.

The Cooperation Agreement complies with current HUD requirements and cannot be altered or modified. In addition, your City Council must adopt a resolution confirming participation in the County's program. We have enclosed a sample resolution; please incorporate all of the text contained in the sample into your City's resolution format.

Item Number: 15.

Please return the following documents to HWS, no later than July 30, 2023:
• Executed Cooperation Agreement (3-originals);
• Resolution adopted by City Council confirming participation in the Urban County program; and
• Copy of the City Council minute order approving the Cooperation Agreement.

Your assistance in meeting the required deadline of July 30, 2023, is critical, as there will be no allowable extension beyond this date. If you have any questions, please contact my office at (951) 955-5933 or [email protected].

Sincerely,
Susana Orozco
CDBG/ESG Programs
Enclosures: Cooperation Agreement and Sample Resolution Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

COOPERATION AGREEMENT
1 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT,
2 HOME INVESTMENT PARTNERSHIPS PROGRAM, AND

EMERGENCY SOLUTIONS GRANT
3 FOR FISCAL YEARS 2024-25, 2025-26, 2026-27
4 5
This Cooperation Agreement for the Community Development Block Grant, HOME 6 Investment Partnerships Program, and the Emergency Solutions Grant for Fiscal Years 2024-25, 7 2025-26, 2026-27, hereinafter referred to as “Agreement” is made and entered into this 8 day of 2023, by and between the COUNTY OF RIVERSIDE, a politicalsubdivision 9 of the State of California, hereinafter referred to as "COUNTY", and CITY OF DESERT HOT 10 SPRINGS, an incorporated municipality within the geographical boundaries of the COUNTY, 11 hereinafter referred to as "CITY.” City and County individually referred to herein as “Party” and 12 collectively as the “Parties.”
13 RECITALS
14 WHEREAS, the Housing and Community Development Act of 1974, as amended (42 15 U.S.C.A. § 5301 etseq.) (Public Law 93-383), hereinafter called "ACT", provides that Community 16 Development Block Grant funds hereinafter referred to as "CDBG", may be used for the support 17 of activities that provide decent housing, suitable living environments, and expanded economic 18 opportunities principally for persons of low and moderate-income; and 19 WHEREAS, the HOME Investment Partnerships Act program, hereinafter referred to as 20 “HOME,” was enacted as Title II of the National Affordable Housing Act of 1990, for the purposes 21 of: expanding the supply of decent, affordable housing for low and very-low income families with 22 emphasis on rental housing; building State and local capacity to carry out affordable housing 23 programs; and providing for coordinated assistance to participants in the development of 24 affordable low-income housing; and
25 WHEREAS, the Emergency Solutions Grant, hereinafter referred to as “ESG,” was 26 authorized by the McKinney-Vento Homeless Assistance Act of 1987 and the Homeless 27 Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009. The objectives 28 of the ESG program are to increase the number and quality of emergency shelters and transitional Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 housing facilities for homeless individuals and families, to operate these facilities and provide 2 essential social services, and to help prevent homelessness; 3 WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under 4 the CDBG program every three (3) years.
5 NOW THEREFORE, in consideration of the mutual covenants herein set forth and the 6 mutual benefits to be derived there from, the parties agree as follows:
7 1. GENERAL.
8 (a). This Agreement gives COUNTY authority to undertake, or assist in 9 undertaking, activities for Fiscal Years 2024-25, 2025-26, and 2026-27, that will be funded from 10 the CDBG, HOME, and ESG programs and from any program income generated from the 11 expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in 12 undertaking, community renewal and lower-income housing assistance activities. COUNTY is 13 qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives 14 notice of its election to participate in an Urban County’s Community Development Block Grant 15 (CDBG), Home Investment Partnerships Act (HOME), and Emergency Solutions Grant (ESG) 16 programs, hereinafter referred to as "Urban County Programs". 17 (b). By executing this Agreement, CITY understands that it may not apply for 18 grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during 19 the period in which it participates in the Urban County’s CDBG program, and that CITY may only 20 participate in the HOME program through the COUNTY’S Urban County Programs, not a HOME 21 consortium. The CITY may also apply for HOME funds from the State of California, if permitted 22 by the State.
23 (c). By executing this Agreement, CITY understands that it may only receive a 24 formula allocation of ESG funds through the COUNTY’S Urban County Programs. The CITY 25 may also apply for ESG funds from the State of California, if permitted by the State. 26 2. TERM.
27 The term of this Agreement shall be for three (3) years commencing on July 1, 28 2024, and expiring on June 30, 2027, unless an earlier date of termination is fixed by U.S.

Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT. This 2 Agreement shall automatically renew for participation in successive three-year qualification 3 periods, unless COUNTY and CITY provide written notice it elects not to participate in a new 4 qualification period. In the event of termination, a notice shall be sent to the HUD Field Office. 5 Notwithstanding the above, the Parties agree that each Party shall adopt amendments to the 6 Agreement incorporating changes necessary to meet the requirement for cooperation agreements 7 set forth in an Urban County Qualification Notice that is applicable for any subsequent three-year 8 urban qualification period and shall submit such amendment to HUD as provide in the Urban 9 County Qualification Notice. The Parties agree that failure to comply shall void the automatic 10 renewal for such qualification periods.
11 During the term and any successive qualification periods should this Agreement 12 automatically renew, the terms of this Agreement shall remain in effect until the CDBG funds and 13 program income received with respect to activities carried out during the three-year qualification 14 period are expended and the funded activities completed. Furthermore, neither the COUNTY nor 15 the CITY may terminate or withdraw from this Agreement while it remains in effect. 16 3. PREPARATION OF FEDERALLY REQUIRED FUNDING
17 APPLICATIONS.
18 The County of Riverside Housing and Workforce Solutions, subject to approval of 19 COUNTY’s Board of Supervisors, shall be responsible for preparing and submitting to the U.S. 20 Department of Housing and Urban Development (HUD), in a timely manner, all reports and 21 statements required by the ACT and the Federal regulations promulgated by HUD to secure 22 entitlement grant funding under the CDBG, HOME, and ESG programs. This duty shall include 23 the preparation and processing of COUNTY Housing, Community, and Economic Development 24 Needs Identification Report, Citizen Participation Plan, the County Five-Year Consolidated Plan, 25 One-Year Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and 26 other related programs which satisfy the application requirements of ACT and its regulations. 27 4. COMPLIANCE WITH FEDERAL STATUTES,REGULATIONS AND
28 OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES.

Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 (a) COUNTY and CITY will comply with the applicable provisions of the 2 ACT and those Federal regulations promulgated by HUD pursuant thereto, as the same currently 3 exists or may hereafter be amended.
4 (b) The COUNTY and CITY are hereby obligated to take all actions 5 necessary to assure compliance with COUNTY’s certification regarding affirmatively furthering 6 fair housing pursuant to Section 104 (b) of Title I of ACT, as amended. 7 (c) The COUNTY and CITY are hereby obligated to take all actions 8 necessary to assure compliance with Section 504 of the Rehabilitation Act of 1973 and the Age 9 Discrimination Act of 1975.
10 (d) COUNTY and CITY will comply with the applicable provisions of 11 the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964 12 and Title VIII of the Civil Rights Act of 1968; the Fair Housing Act; Title 24 Code of Federal 13 Regulations part 570; Cranston-Gonzales National Affordable housing Act (Public Law 101-625); 14 Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the 15 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 16 U.S.C.§4630, et. seq.); Section 109 of Title I of the ACT and implementing regulations at 24 CFR 17 part 6; the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities 18 Act; the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975; the 19 implementing regulations at 24 CFR part 136, and Section 3 of the Civil Rights Act of 1963, as 20 amended; and other Federal or state statute or regulation applicable to the use of CDBG, HOME 21 Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990), 22 and Emergency Solutions Grant funds.
23 (e) CITY agrees that the Urban County Program funding for activities in, or in 24 support of, the CITY are prohibited if CITY does not affirmatively further fair housing within 25 CITY’S jurisdiction or impedes COUNTY actions to comply with its fair housing certification. 26 (f) CITY and COUNTY shall meet the citizen participation requirements of 24 27 CFR 570.301 and provide Urban County Program citizens with all of the following:
28 Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 i. The estimate of the amount of CDBG funds proposed to be used for 2 activities that will benefit persons of low and moderate-income; 3 ii. A plan for minimizing displacement of persons as a result of 4 activities assisted with CDBG funds and to assist persons actually displaced as a result of such 5 activities;
6 iii. A plan that provides for and encourages citizen participation, with 7 particular emphasis on participation by persons of low and moderate-incomes, residents of slum 8 and blighted areas, and of areas in which funds are proposed to be used, and provides for 9 participation of residents in low and moderate-income neighborhoods; 10 iv. Reasonable and timely access to local meetings, information, and 11 records relating to the grantee’s proposed use of funds, as required by the regulations of the 12 Secretary, and relating to the actual use of funds under the ACT; 13 v. Provide for public meetings to obtain citizen views and to respond 14 to proposals and questions at all stages of the community development program, including at least 15 the development of needs, the review of proposed activities and review of program performance. 16 Meeting shall be held after adequate notice, at times and locations convenient to potential or actual 17 beneficiaries, and with accommodation for the disabled. 18 (g). CITY shall develop a community development plan, for the period of this 19 Agreement, which identifies community development and housing needs and specifies both short 20 and long-term community development objectives.
21 (h). CITY certifies, to the best of its knowledge and belief, that:
22 i. No Federal appropriated funds have been paid or will be paid, byor 23 on behalf of the CITY, to any person influencing or attempting to influence an officer or employee 24 of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a 25 Member of Congress, in connection with the awarding of any Federal contract, the making of any 26 Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and 27 the extension, continuation, renewal, amendment or modification of any Federal contract, grant, 28 loan or cooperative agreement.

Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 ii. If any funds other than Federally-appropriated funds have been paid 2 or will be paid to any person for influencing or attempting to influence an officer or employee of 3 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a 4 Member of Congress, in connection with this Federal contract, grant, loan, or cooperative 5 agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to 6 Report Lobbying", in accordance with its instructions. 7 iii. The CITY shall require that the language provided in Sections 8 4(e)(i) and 4(e)(ii) of this Agreement be included in the award documents for all sub-awards at all 9 tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative 10 agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is 11 a material representation of fact upon which reliance was placed when this transaction was made 12 or entered into.
13 (iv). In accordance with Section 519 of Public Law 101-144, (the 1990 HUD 14 Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting 15 the use of excessive force by law enforcement agencies within its jurisdiction against any 16 individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is 17 enforcing applicable State and local laws against physically barring entrance to, or exit from, a 18 facility or location which is the subject of such non-violent civil rights demonstrations within its 19 jurisdiction.
20 5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES.
21 The COUNTY’s Board of Supervisors have adopted policies and procedures to 22 ensure efficient and effective administration of the CDBG, HOME and ESG programs. COUNTY 23 will provide these policies and proceduresto CITY within a reasonable time after this Agreement’s 24 commencement date. COUNTY and City agree to comply with these said policies and program 25 objectives and to take no actions to obstruct implementation of the approved 2024-2029 Five Year 26 Consolidated Plan and the subsequent Five Year Consolidated Plan. 27 6. OTHER AGREEMENTS
28 Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 requirements applicable to sub-recipients, including the requirement of a written agreement set 2 forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this 3 Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a 4 Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and 5 enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental 6 Agreement will set forth the time schedule for completion of said project(s) and any funding 7 sources, in addition to entitlement funds, that will be used in completing the project(s). If 8 substantial compliance with the completion schedule, due to unforeseen or uncontrollable 9 circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by 10 COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not 11 made during the term of the Supplemental Agreement, the entitlement funds associated with the 12 project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY, 13 after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend 14 the completion schedule associated with the project(s), or to reprogram the entitlement funds 15 associated with the project(s), will not excuse CITY from complying with terms of this Agreement. 16 7. DETERMINATION OF PROJECTS TO BE FUNDED AND
17 DISTRIBUTION OF ENTITLEMENT FUNDS.
18 CITY agrees to submit to COUNTY in writing, no later than the date specified by 19 COUNTY prior to each program year, the activities that the CITY desires to implement with its 20 entitlement funds, said designation to comply with statutory and regulatory provisions governing 21 citizen's participation. Said designation is to be reviewed by the COUNTY's Housing and 22 Workforce Solutions to determine that the projects are eligible under Federal regulations for 23 funding and inclusion in the One Year Action Plan of the County’s Five-Year Consolidated Plan 24 and consistent with both Federal and COUNTY policy governing use of Community Development 25 Block Grant (CDBG) funds.
26 In the event that CITY fails to submit to COUNTY the identified activities that the 27 CITY desires to implement with its entitlement funds by the date specified prior to each program 28 year, the COUNTY may determine the activities to be funded, without consent of the CITY, Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 consistent with both Federal and COUNTY policy governing use of Community Development 2 Block Grant (CDBG) funds.
3 Consistent with Sections 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board of 4 Supervisors will make the final determination of the distribution and disposition of all CDBG 5 funds received by COUNTY pursuant to the Act.
6 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.
7 CITY warrants that those officers, employees, and agents, retained by it and 8 responsible for implementing projects funded with CDBG have received, reviewed, and will 9 follow the Community Development Block Grant Manual that has been prepared and amended by 10 COUNTY, which Manual is incorporated herein and made a part hereof by this reference. 11 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY
12 CONSTRUCTED WITH CDBG FUNDS.
13 When CDBG funds are used, in whole or in part, by CITY to acquire real property 14 or to construct a public facility, CITY shall comply with the National Environmental Policy Act 15 of 1969 (42 U.S.C. § 4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources 16 Code § 21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies 17 Act of 1970 (42 U.S.C. § 4630, et seq.), and California Government Code Sections 7260 et seq., 18 as those laws may be amended from time-to-time and any Federal or state regulations issued to 19 implement the aforementioned laws.
20 In addition, the following is to occur:
21 (a) Title to the real property shall vest in CITY;
22 (b) The real property title will be held by or the constructed facility will be 23 maintained by the CITY for the approved use until five years after the date that the project is 24 reported as “Completed” within the annual Consolidated Annual Performance and Evaluation 25 Report
26 (c) While held by CITY, the real property or the constructed facility is to be 27 used exclusively for the purpose for which acquisition or construction was originally approved 28 by COUNTY;
Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 (d) CITY shall provide timely written notice to COUNTY of any action which 2 would result in a modification or change in the use of the real property purchased or improved, in 3 whole or in part, with CDBG or HOME funds from that planned at the time of acquisition or 4 improvement, including disposition.
5 (e) CITY shall provide timely written notice to citizens and opportunity to 6 comment on any proposed modification or change;
7 (f) Written approval from COUNTY must be secured if the property or the 8 facility is to be put to an alternate use that is or is not consistent with Federal regulations governing 9 CDBG funds;
10 (g) Should CITY desire during the five (5) year period to use the real property 11 or the constructed facility for a purpose not consistent with applicable Federal regulations 12 governing CDBG funds or to sell the real property or facility, then:
13 (i) If CITY desires to retain title, it will have to reimburse eitherCOUNTY 14 or the Federal government an amount that represents the percentage of current fair market value 15 that is identical to the percentage that CDBG funds initially comprised to when the property was 16 acquired or the facility was constructed;
17 (ii) If CITY sells the property or facility, or is required to sell the property 18 or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of 19 proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the 20 monies paid to initially acquire the property or construct the facility. This percentage amount will 21 be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 22 10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE 23 OF CDBG FUNDS.
24 CITY shall inform COUNTY in writing of any income generated by the 25 expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain program 26 income so generated. Any and all program income shall be returned to the County and may only 27 be used for eligible activities in accordance with all CDBG requirements, including all 28 requirements for citizen participation.

Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 The COUNTY is required by HUD to monitor and report the receipt and use of all 2 program income. CITY is required to track, monitor, and report any and all program income as 3 requested by COUNTY.
4 11. TERMINATION.
5 Except as provided for in Section 2, CITY and COUNTY cannot terminate or 6 withdraw from this Agreement while it remains in effect. 7 12. NOTICES.
8 All correspondence and notices required or contemplated by this Agreement shall 9 be delivered to the respective parties at the addresses set forth below and are deemed submitted 10 two days after their deposit in the United States mail, postage prepaid:
11 12 COUNTY OF RIVERSIDE CITY OF DESERT HOT SPRINGS
13 Heidi Marshall, Director Doria Wilms, Interim City Manager 14 County of Riverside HWS City of Desert Hot Springs
15 P.O. Box 1528 11999 Palm Drive
16 Riverside, CA 92502 Desert Hot Springs, CA 92240
17 18 13. AGREEMENT ADMINISTRATION.
19 The City Manager in the case of the City of Desert Hot Springs, and the Director of Housing and 20 Workforce Solutions, in the case of the County of Riverside, or their designee, shall administer the 21 terms and conditions of this Agreement for their respective city or county. 22 14. COOPERATION; FURTHER ACT.
23 The PARTIES shall cooperate fully with one another, and shall take any additional acts or sign 24 any additional documents as may be necessary, appropriate or convenient to attain the purpose of 25 the Agreement.
26 15. NO THIRD-PARTY BENEFICIARIES.
27 28
Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 This Agreement is made and entered into for the sole protection and benefit of the PARTIES hereto 2 and shall not create any rights in any third parties. No other person or entity shall have any right 3 or action based upon the provisions of the Agreement. 4 16. SECTION HEADINGS.
5 The Section headings herein are for the convenience of the PARTIES only and shall not be deemed 6 to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or 7 language of this Agreement.
8 17. FORMER AGREEMENTS UTILIZING COMMUNITY
9 DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY. 10 All agreements between CITY and COUNTY regarding the use of CDBG funds for 11 fiscal years 1975-76 through fiscal years 2023-2024, and any Supplemental Agreements there 12 under, shall remain in full force and effect. If the language of this Agreement is in conflict or 13 inconsistent with the terms of any prior said agreements between CITY and COUNTY, the 14 language of this Agreement will be controlling.
15 18. INDEMNIFICATION
16 CITY agrees to indemnify, defend, and hold harmless COUNTY and its authorized 17 officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, 18 and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred 19 by COUNTY on account of any claim therefore, except where such indemnifications is prohibited 20 by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, 21 actions, losses, damages, and/or liability.
22 CITY shall indemnify and hold harmless COUNTY against any liability, claims, 23 losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its 24 successor that activities undertaken by CITY under the program(s) fail to comply with any laws, 25 regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under 26 this Agreement were improperly expended.
27 COUNTY agrees to indemnify, defend, and hold harmless CITY and its authorized 28 officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, 29 and/or liability arising from COUNTY acts, errors or omissions and for any costs or expenses Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

incurred
30 by CITY on account of any claim therefore, except where such indemnifications is prohibited 31 by law. COUNTY shall promptly notify CITY in writing of the occurrence of any such claims, 32 actions, losses, damages, and/or liability.
33 COUNTY shall indemnify and hold harmless CITY against any liability, claims, 34 losses, demands, and actions incurred by CITY as a result of the determination by HUD or its 35 successor that activities undertaken by COUNTY under the program(s) fail to comply with any laws,
36 regulations, or policies applicable thereto or that any funds billed by and disbursed to COUNTY under
37 this Agreement were improperly expended.
38 39 19. COMPLIANCE WITH LAWS AND REGULATIONS.
28 Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 By executing this Agreement, the Parties hereby certify that they will adhere to and 2 comply with all Federal, state and local laws, regulations and ordinances. 3 20. ENTIRE AGREEMENT.
4 It is expressly agreed that this Agreement embodies the entire agreement of the 5 Parties in relation to the subject matter hereof, and that no other agreement or understanding, 6 verbal or otherwise, relative to this subject matter, exists between the Parties at the time of 7 execution.
8 21. SEVERABILITY.
9 Each paragraph and provision of this Agreement is severable from each other 10 provision and in the event any provision in this Agreement is held by a court of competent 11 jurisdiction to be invalid, void, or unenforceable, the remaining provision will never the less 12 continue in full force without being impaired or invalidated in any way. 13 22. ASSIGNMENT.
14 CITY shall not make any sale, assignment, conveyance or lease of any trust or 15 power, or transfer in any other form with respect to this Agreement, or delegate or assign any 16 interest in this Agreement without prior written approval of the County. 17 23. INTERPRETATION AND GOVERNING LAW.
18 This Agreement and any dispute arising hereunder shall be governed by and 19 interpreted in accordance with the laws of the State of California. This Agreement shall be 20 construed as a whole according to itsfair language and common meaning to achieve the objectives 21 and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are 22 to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all 23 Parties having been represented by counsel in the negotiation and preparation hereof. 24 24. WAIVER.
25 Failure by a Party to insist upon the strict performance of any of the provisions of 26 this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default 27 of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict 28 compliance by the other Party with the terms of this Agreement thereafter.

Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 25. JURISDICTION AND VENUE.
2 Any action at law or in equity arising under this Agreement or brought by a Party 3 hereto for the purpose of enforcing, construing or determining the validity of any provision of this 4 Agreement shall be filed in the Superior Court of California, County of Riverside, State of 5 California, and the Parties hereto waive all provisions of law providing for the filing, removal or 6 change of venue to any other court or jurisdiction.
7 26. AMENDMENTS
8 No change, amendment, or modification to the Agreementshall be valid or binding 9 upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly 10 executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to 11 incorporate changes required by HUD as set forth in the Urban County Qualification Notice. 12 Amendments must be submitted to HUD as provided in the Urban County Qualification Notice 13 and failure to do so will void the automatic renewal for such qualification period. 14 27. PROHIBITION OF CDBG FUND TRANSFER
15 The CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG 16 funds to another such cooperating city, metropolitan city, urban county, or Indian tribe, that 17 directly receives CDBG funds in exchange for any other funds, credits, or non-Federal 18 considerations. CITY must use the CDBG funds for activities eligible under Title I of the ACT. 19 28. EMERGENCY SOLUTIONS GRANT FORMULA ALLOCATION
20 CITY acknowledges that while participating in the COUNTY’s Urban County 21 program, CITY can only receive a formula Emergency Solutions Grant (ESG) allocation from 22 the Urban County program and only at such times as authorized by the Board of Supervisors. The 23 CITY and COUNTY may also apply for ESG funds from the State of California, if permitted by 24 the State.
25 29. HOME INVESTMENT PARTNERSHIP ACT FORMULA
26 ALLOCATION
27 CITY acknowledges that while participating in the COUNTY’s Urban County 28 program, CITY can only receive a formula HOME allocation from the Urban County program Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 and only at such times as authorized by the Board of Supervisors. The CITY and COUNTYmay 2 also apply for HOME funds from the State of California, if permitted by the State. 3 30. AUTHORITY TO EXECUTE.
4 The persons executing this Agreement or exhibits attached hereto on behalf of the 5 Parties to this Agreement hereby warrant and represent that they have the authority to execute 6 this Agreement and warrant and represent that they have the authority to bind the respective 7 Parties to this Agreement to the performance of its obligations hereunder. 8 31. INCORPORATION OF RECITALS
9 The Parties hereby affirm the facts set forth in the recitals above. Said recitals are 10 incorporated herein and made an operative part of this Agreement. 11 32. COUNTERPARTS
12 This Agreement may be executed in multiple counterparts, each of which shall be 13 deemed an original, but all of which, together, shall constitute one and the same instrument. 14 15
16 17 [SIGNATURES ON FOLLOWING PAGE]
18 19
20 21
22 23
24 25
26 27
28 Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 IN WITNESS WHEREOF, the COUNTY and CITY have executed this 2 Agreement on the date shown below.
3 4
Date:
5 6 COUNTY OF RIVERSIDE, CITY OF DESERT HOT SPRINGS,
7 a political subdivision of the a Council-Manager, general law city State of California
8 9
10 BY:

Heidi Marshall, Director
11 Housing and Workforce Solutions
12 13
BY:

Mayor
14 APPROVED AS TO FORM: ATTEST:

Minh C. Tran, County Counsel
15 16
BY:
17 By: City Clerk
18 Paula S. Salcido, Deputy County Counsel
19 20 APPROVED AS TO FORM:
21 22
23 24
25 26
27 28
BY:

City Attorney
Item Number: 15.

Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

1 COUNTY COUNSEL CERTIFICATION
2 3 The Office of County Counsel of the County of Riverside hereby certifies that the terms 4 and provisions of this Agreement are fully authorized under state and local law and that the 5 Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, 6 essential community development and housing assistance activities specifically urban renewal and 7 publicly assisted housing.

Minh C. Tran
8 County Counsel
9 10 By:

Deputy, Paula S. Salcido
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Item Number: 15.

SR-23-173
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of "An Ordinance Amending Various Chapters of Title 17, Zoning Ordinance Including: Chapter 17.74 (Administrative Conditional Use Permits); Chapter 17.76 (Conditional Use Permits); Chapter 17.80 (Design Review), Chapter 17.92 (Development Permits), Chapter 17.104 (Hearings and Appeals), Chapter 17.124 (Nonconforming Structures and Uses), and Chapter 17.136 (Temporary Use Permits)"
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of Desert Hot Springs amending various chapters of Title 17, Zoning Ordinance Including Chapter 17.74 (Administrative Conditional Use Permits); Chapter 17.76 (Conditional Use Permits); Chapter 17.80 (Design Review), Chapter 17.92 (Development Permits), Chapter 17.104 (Hearings and Appeals), Chapter 17.124 (Nonconforming Structures and Uses), and Chapter 17.136 (Temporary Use Permits).” BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on June 20, 2023.

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

FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

In accordance with the provisions of the California Environmental Quality Act (“CEQA”), this project is Categorically Exempt from environmental review pursuant to Section No. 15061(b)(3) of the California Environmental Quality Act 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:
1) Staff Report from June 20, 2023
2) Ordinance re Various Chapters of Title 17
3) Chapter 17.74 Administrative Conditional Use Permits - Red Line Item Number: 16.

SR-23-173
4) Chapter 17.76 Conditional Use Permits - Redline
5) Chapter 17.80 Design Review - Redline
6) Chapter 17.92 Development Permits - Redline
7) Chapter 17.104 Hearings and Appeals - Redline
8) Chapter 17.124 Nonconforming Structures and Uses- Redline - with PC Change 9) Chapter 17.136 Temporary Use Permits - Redline - with PC Changes Item Number: 16.

SR-23-145
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 20, 2023
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: An Ordinance Amending Various Chapters of Title 17, Zoning Ordinance Including: Chapter 17.74 (Administrative Conditional Use Permits); Chapter

17.76 (Conditional Use Permits); Chapter 17.80 (Design Review), Chapter

17.92 (Development Permits), Chapter 17.104 (Hearings and Appeals), Chapter 17.124 (Nonconforming Structures and Uses), and Chapter 17.136 (Temporary Use Permits)
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for 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 Desert Hot Springs amending various chapters of Title 17, Zoning Ordinance Including Chapter 17.74 (Administrative Conditional Use Permits); Chapter 17.76 (Conditional Use Permits); Chapter 17.80 (Design Review), Chapter 17.92 (Development Permits), Chapter 17.104 (Hearings and Appeals), Chapter 17.124 (Nonconforming Structures and Uses), and Chapter 17.136 (Temporary Use Permits).” BACKGROUND:

The City received funding from the State to assist with modifications to Title 17, Zoning Ordinance concerning housing projects. Specifically, the State is requiring the City to remove barriers to create additional housing, including affordable housing. Housing projects are now uses allowed by right versus discretionary. These projects need to be reviewed in conformance with objective standards and requirements only. The City is required to streamline the approval of new housing projects. Any updates to the code required by the Housing Element update need to be made. For these reasons, the City is undertaking an effort to update and amend Title 17, Zoning Ordinance of the Desert Hot Springs Municipal Code.

In doing so, an effort is also being made to clean up other parts of the code including:
• Clarifying language in the chapters that is ambiguous or contradictory Item Number: 16.

SR-23-145
• Simplifying language throughout the Zoning Ordinance
• Performing an internal consistency check across all chapters of the Zoning Ordinance • Performing a consistency check with the General Plan
DISCUSSION:

A summary of the changes by chapter are listed below:

Chapter 17.74, ADMINISTRATIVE USE PERMITS
• Changed the name of Administrative Conditional Use Permits to Administrative Use Permits to be consistent with the Permitted Use Tables throughout the code • Better defined the time frame for an AUP approval to a maximum of 5 years - an initial approval for two years and 3 years additional approvals in one year increments as requested by the applicant
• Added the requirement that an AUP shall not be granted if the underlying property(ies) has been issued a code violation or notice to abate unless the AUP is remedying the code violation(s)
• Added the requirement that the AUP becomes null and void if not operational in five years • Simplified the repetitive language in the Findings
Chapter 17.76, CONDITIONAL USE PERMITS
• Better defined the time frame for a CUP approval to a maximum of 5 years - an initial approval for two years and 3 years additional approvals in one year increments as requested by the applicant
• Added the requirement that an CUP shall not be granted if the underlying property(ies) has been issued a code violation or notice to abate unless the AUP is remedying the code violation(s)
• Added the requirement that the CUP becomes null and void if not operational in five years • Simplified the repetitive language in the Findings
Chapter 17.80, DESIGN REVIEW
• Minor wording changes
Chapter 17.92, DEVELOPMENT PERMITS
• Better defined the time frame for an DP approval to a maximum of 5 years - an initial approval for two years and 3 years additional approvals in one year increments as requested by the applicant
Item Number: 16.

SR-23-145
• Added the requirement that an DP shall not be granted if the underlying property(ies) has been issued a code violation or notice to abate unless the AUP is remedying the code violation(s) • Added the requirement that the DP becomes null and void if not operational in five years • Defined what is considered a minor addition to Commercial, Industrial, or Mixed-Use to be 20% of the square footage of the existing structure(s) or less • Defined the threshold for Planning Commission Review of Multi Family Housing Developments at 21 units or more
• Simplified the repetitive language in the Findings
Chapter 17.104, HEARINGS AND APPEALS
• Minor wording changes
Chapter 17.124, NONCONFORMING STRUCTURES AND USES
• Removed restrictions on expansion of non-conforming residential structures • Added a nonconforming lots section
• Added the ability for a nonconforming use or structure to extend beyond the abatement period upon application per Planning Commission recommendation Chapter 17.136, TEMPORARY USE PERMITS
• Added the ability for the Director to impose requirements for ADA access for TUPs • Specified the use of containers and pods for temporary storage • Removed the requirement for outdoor display of merchandise to obtain a TUP per Planning Commission recommendation
FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

In accordance with the provisions of the California Environmental Quality Act (“CEQA”), this project is Categorically Exempt from environmental review pursuant to Section No. 15061(b)(3) of the California Environmental Quality Act 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:
1) Ordinance re Various Chapters of Title 17
Item Number: 16.

SR-23-145
2) Chapter 17.74 Administrative Conditional Use Permits - Red Line 3) Chapter 17.76 Conditional Use Permits - Redline
4) Chapter 17.80 Design Review - Redline
5) Chapter 17.92 Development Permits - Redline
6) Chapter 17.104 Hearings and Appeals - Redline
7) Chapter 17.124 Nonconforming Structures and Uses- Redline - with PC Change 8) Chapter 17.136 Temporary Use Permits - Redline - with PC Changes Item Number: 16.

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF DESERT HOT SPRINGS

AMENDING THE FOLLOWING CHAPTERS
OF TITLE 17, ZONING ORDINANCE: 1) 17.74

ADMINISTRATIVE CONDITIONAL USE
PERMITS, 2) 17.76 CONDITIONAL USE
PERMITS, 3) 17.80 DESIGN REVIEW, 4) 17.92
DEVELOPMENT PERMITS, 5) 17.104
HEARING AND APPEALS, 6) 17.136
TEMPORARY USE PERMITS, AND 7) 17.124

NONCONFORMING STRUCTURES AND
USES
WHEREAS, pursuant to the authority granted the City
of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and
general prosperity, as well as public health, welfare and safety; and
WHEREAS, adoption and enforcement of
comprehensive zoning regulations and other land use
regulations lies within the City’s police power; and
WHEREAS, the City is in the process drafting a
comprehensive overhaul to Title 17, making substantive
changes, as well as amending chapters for internal
consistency; and
WHEREAS, this Ordinance is for the benefit of the
public health, safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE

CITY OF DESERT HOT SPRINGS DOES ORDAIN AS
FOLLOWS:

Section 1. RECITALS
That the above recitals are true and correct and are
incorporated as though fully set forth herein.

Section 2. CHAPTERS TO BE AMENDED
That the City Council hereby amends the following
Chapters of the Desert Hot Springs Municipal Code as
follows:

Item Number: 16.

1 1) Chapter 17.74 “Administrative Conditional Use
Permits, shall be amended as per Exhibit A, which
is incorporated herein
2) Chapter 17.76 Conditional Use Permits, shall be
amended as per Exhibit B, which is incorporated
herein
3) Chapter 17.80 Design Review, shall be amended
as per Exhibit C, which is incorporated herein
4) Chapter 17.92 Development Permits, shall be
amended as per Exhibit D, which is incorporated
herein
5) Chapter 17.104 Hearing and Appeals, shall be
amended as per Exhibit E, which is incorporated
herein
6) Chapter 17.136 Temporary Use Permits, shall be
amended as per Exhibit F, which is incorporated
herein
7) Chapter 17.124 Nonconforming Structures and
Uses, shall be amended as per Exhibit G, which is
incorporated herein
Section 3. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance
is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of
Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.

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

Section 5. AMENDING OF BAIL

SCHEDULE
Item Number: 16.

1 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 6. EFFECTIVE DATE
This ordinance shall become effective 30 days after
its second reading.

PASSED AND ADOPTED by the City Council of the
City of Desert Hot Springs, California, at a regular meeting held on the 20th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 16.

1 Exhibit A
Chapter 17.74

ADMINISTRATIVE USE PERMITS
Sections:

17.74.010 Purpose.

17.74.020 Application.

17.74.030 Project review and action.

17.74.040 Conditions.

17.74.050 Findings.

17.74.060 Use of property before final decision.

17.74.070 Administrative Use Permit approval and expiration.

17.74.080 Modification of Administrative Use Permit.

17.74.090 Revocation.

17.74.100 Administrative Use Permit to run with the land.

17.74.010 Purpose.

The purpose of this chapter is to provide a Director-level process for reviewing land uses that may be appropriate in the applicable zone but whose effects on a site and surrounding uses cannot be determined absent a discretionary review process. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

Administrative Use Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this title and to provide the City with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location. (Ord. 712 6-2-20)

17.74.020 Application.

An application for an Administrative Use Permit (AUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Ord. 712 6-2-20)

17.74.030 Project review and action.

A. Administrative Use Permit applications shall be analyzed and reviewed by the Director or his/her designee for consistency with the intent and the purpose of this chapter, the provisions of this title, and the general plan. The Director or designee shall have the authority to approve, approve with conditions, or deny the application.

Item Number: 16.

1 B. No public notice and no public hearing shall be required for an Administrative Use Permit. Within 20 working days from the date an application is deemed complete, the Director shall issue a written determination as to the approval, conditional approval, or denial of the application. The written determination shall state the findings for the decision. (Ord. 712 6-2-20)
C. An Administrative Use Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code.

Notwithstanding, an Administrative Use Permit may be granted if the application for same includes remedying any and all municipal code violations.

17.74.040 Conditions.

In approving an Administrative Use Permit, the Director or designee may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this chapter, State law, and with the findings required by Section 17.74.050 (Findings). (Ord. 712 6-2-20)

17.74.050 Findings.

The Director or designee may approve and/or modify an Administrative Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:

A. The proposed use is consistent with applicable goals and policies of the City’s General Plan. (Ord. 712 6-2-20)
B. The proposed use is conditionally permitted within the subject zone and complies with all of the applicable provisions of this Title; C. The proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the surrounding area;
D. The subject site is physically suitable for the type and intensity of land use being proposed;
E. The proposed use would be compatible with existing and future land uses within the surrounding area in which the proposed use is to be located;
Item Number: 16.

1 F. The proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses;
G. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and
H. There will be adequate provisions for public access to serve the subject use;

17.74.060 Use of property before final decision.

In no instance shall a permit be issued for any use involved in an application for approval of an Administrative Use Permit until, and unless, the same shall have become final. (Ord. 712 6-2-20)

17.74.070 Administrative Use Permit approval and expiration.

A. Unless otherwise permitted by law, an Administrative Use Permit shall have a maximum term of five (5) years from the date of approval.

B. The initial term of the Administrative Use Permit shall be two (2) years.

C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years.

Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.

D. Administrative Use Permits which are not exercised by the commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Administrative Use Permit shall become null and void, unless extended.

E. If after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Administrative Use Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built Item Number: 16.

1 in preapproved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction
commencement to the next phase’s date of construction
commencement to have occurred, or the Administrative Use Permit shall become null and void.

F. The Administrative Use Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Administrative Use Permit. In instances where the applicant has made substantial progress in meeting the requirements of the AUP defined as 90% of the project cost, the Director may grant an additional extension to complete the project.

Such extension shall not be more than one (1) year.

17.74.080 Modification of Administrative Use Permit.

An approved Administrative Use Permit may be modified pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved Administrative Use Permit may be approved by the Director pursuant to Chapter 17.120 (Minor Modifications). (Ord. 712 6-2-20)

17.74.090 Revocation.

A. The City may initiate proceedings to revoke or modify an Administrative Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.

B. An Administrative Use Permit may be revoked or modified if one or more of the following findings can be made:

1. That circumstances have changed so that one or more of the findings contained in Section 17.74.050 can no longer be made;

2. The Administrative Use Permit was obtained by
misrepresentation or fraud;

3. The use for which the Administrative Use Permit was granted had ceased or was suspended for six or more consecutive calendar months;

4. One or more of the conditions of the Administrative Use Permit have not been met;

5. The use or permit holder is in violation of any statute, ordinance, law, or regulation; and/or

6. The use permitted by the Administrative Use Permit has subsequently been determined to be detrimental to the public Item Number: 16.

1 health, safety, or welfare or constitutes a nuisance. (Ord. 712 6-2-20)

17.74.100 Administrative Use Permit to run with the land.

Administrative Use Permits are granted pursuant to the provisions of this chapter and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. (Ord. 712 6-2-20)
Item Number: 16.

1 Exhibit B
Chapter 17.76

CONDITIONAL USE PERMITS
Sections:

17.76.010 Purpose.

17.76.020 Application.

17.76.030 Project review.

17.76.040 Hearings and notice.

17.76.050 Findings.

17.76.060 Use of property before final decision.

17.76.070 Conditional Use Permit expiration.

17.76.080 Modification of Conditional Use Permit.

17.76.090 Time extension.

17.76.100 Revocation.

17.76.110 Conditional Use Permit to run with the land.

17.76.120 Performance guarantee.

17.76.010 Purpose.

Many land uses are or can be made conditionally appropriate, depending on the circumstances at the site and surrounding area; these discretionary determinations are termed “conditional uses.” Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for the benefit to be derived from the use against the impact which it may cause. (Prior code § 159.36.010)

17.76.020 Application.

An application for a Conditional Use Permit (CUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Prior code § 159.36.020)

17.76.030 Project review.

A. Conditional Use Permit applications shall be analyzed to assure that the applications are complete and consistent with the intent and the purpose of this chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Conditional Use Permit shall be reviewed by the Planning Director for completeness prior to Planning Commission review and possible action. (Prior code § 159.36.030)
Item Number: 16.

1 B. A Conditional Use Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code.

Notwithstanding, a Conditional Use Permit may be granted if the application for same includes remedying any and all municipal code violations.

17.76.040 Hearings and notice.

Upon receipt in proper form of a Conditional Use Permit application, staff shall conduct necessary project and environmental reviews and determine the adequacy of the application. Once it is determined that no additional information is required, a hearing shall be set and notice of the Planning Commission hearing given in a manner consistent with Chapter

17.104 (Hearings and Appeals). (Prior code § 159.36.040)

17.76.050 Findings.

At the completion of the public hearing, the Planning Commission shall record the decision in writing and shall recite therein the findings upon which such decision is based. The Planning Commission may approve and/or modify a Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:

A. The proposed use is consistent with applicable goals and policies of the General Plan;
B. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance;
C. The subject site is physically suitable for the type and intensity of land use being proposed;
D. The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located;
E. The proposed use is compatible in scale, mass, coverage, design, density, and intensity with all adjacent land uses;
F. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;
G. There will be adequate provisions for public access to serve the subject proposal;
Item Number: 16.

1 H. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the surrounding area; I. The proposed use is needed or appropriate at the prescribed location, as demonstrated in the market/feasibility study, if required;
J. There will not be significant harmful effects upon environmental quality and natural resources; and
K. If there are any negative impacts from the proposed use, they are mitigated to less than a significant impact;

17.76.060 Use of property before final decision.

In no instance shall a permit be issued for any use involved in an application for approval of a Conditional Use Permit until, and unless, the same shall have become final. (Prior code § 159.36.060)

17.76.070 Conditional Use Permit expiration/Time extension.

A. Unless otherwise permitted by law, a Conditional Use Permit shall have a maximum term of five (5) years from the date of approval.

B. The initial term of the Conditional Use Permit shall be two (2) years.

C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years.

Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.

D. Conditional Use Permits which are not exercised by the commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Conditional Use Permit shall become null and void, unless extended.

Item Number: 16.

1 E. If after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Conditional Use Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction
commencement to the next phase’s date of construction
commencement to have occurred, or the Conditional Use Permit shall become null and void.

F. The Conditional Use Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Conditional Use Permit. In instances where the applicant has made substantial progress in meeting the requirements of the CUP defined as 90% of the project cost, the Director may grant an additional extension to complete the project.

Such extension shall not be more than one (1) year.

17.76.080 Modification of Conditional Use Permit.

An approved Conditional Use Permit may be modified, in a manner pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved Conditional Use Permit may be approved by the Director, pursuant to Chapter 17.120 (Minor Modifications). (Prior code § 159.36.080)

17.76.100 Revocation.

A. The City may initiate proceedings to revoke, suspend, or modify a Conditional Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.

B. A Conditional Use Permit may be revoked or modified if one or more of the following findings are made:

1. That circumstances have changed so that one or more of the findings contained in Section 17.96.050 can no longer be made;

2. The Conditional Use Permit was obtained by
misrepresentation or fraud;

3. The use for which the Conditional Use Permit was granted had ceased or was suspended for 6 or more consecutive
calendar months;

4. One or more of the conditions of the Conditional Use Permit have not been met;

5. The use or permit holder is in violation of any statute, ordinance, law, or regulation; and
Item Number: 16.

1 6. The use permitted by the Conditional Use Permit has subsequently been determined to be detrimental to the public health, safety or welfare or constitutes a nuisance. (Ord. 695 10-15-19; prior code § 159.36.100)

17.76.110 Conditional Use Permit to run with the land.

Conditional Use Permits are granted pursuant to the provisions of this chapter and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. (Prior code § 159.36.110)

17.76.120 Performance guarantee.

At the discretion of the Planning Commission, the developer may be conditioned to provide performance security in a manner similar to Section 16.08.030 for the faithful performance of any or all conditions of approval. (Prior code § 159.36.120)
Item Number: 16.

1 Exhibit C
Chapter 17.80

DESIGN REVIEW
Sections:

17.80.010 Purpose.

17.80.020 Application.

17.80.030 Applicability.

17.80.040 Director findings.

17.80.010 Purpose.

The purpose of design review is to ensure that the City’s General Plan design policies are achieved. These provisions shall ensure the following:

A. The establishment of design review procedures for all applicable projects in the City, including residential, commercial, industrial, and mixed-use developments;
B. That proposed development projects comply with all applicable City development standards and design guidelines;
C. A focus on community design principles which result in creative, imaginative solutions and establish quality design for the City; D. The orderly and harmonious appearance of structures along with associated facilities, such as signs, landscaping, parking areas, etc; E. Maintenance of the public health, safety and general welfare and property throughout the City; and
F. Effective implementation of the General Plan policies which encourage the preservation and enhancement of the particular character and unique assets of the City, and its harmonious development. (Prior code § 159.38.010)

17.80.020 Application.

The following list of structures shall be subject to design review by the Planning Commission:

A. New structure(s)/development and related site plans subject to a review authority other than the Director, pursuant to Table

17.64.01;
Item Number: 16.

1 B. Remodeled structure(s)/development and related site plans, which require a Development Permit;
C. A project involving an intensification of land use (e.g., conversion of a shoe store to a restaurant, or a residential structure to an office use, etc.); and
D. New or modified signs with review authority other than the Director. (Prior code § 159.38.020)

17.80.030 Applicability.

The Director, acting in the capacity for design review, shall receive and evaluate all projects subject to design review prior to final action by any subsequent review authority (Planning Commission, etc.), if any. The Planning Department shall forward the appropriate materials to the Planning Commission and submit a report to the review authority, if required. (Prior code § 159.38.030)

17.80.040 Findings.

The Director or Planning Commission shall determine whether the project adequately meets adopted City development standards and design guidelines, based upon the following findings:

A. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures, and colors that will remain appealing and will retain a reasonably adequate level of maintenance.

B. The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not result in vehicular and/or pedestrian hazards; and
C. The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Zoning Ordinance and the General Plan. (Prior code § 159.38.040)
Item Number: 16.

1 Exhibit D
Chapter 17.92

DEVELOPMENT PERMITS
Sections:

17.92.010 Purpose.

17.92.020 Application.

17.92.030 Applicability.

17.92.040 Project review.

17.92.050 Hearings and notice.

17.92.060 Findings.

17.92.070 Development Permit expiration.

17.92.080 Use of property before final decision.

17.92.090 Modification of Development Permit.

17.92.100 Time extension.

17.92.110 Revocation.

17.92.120 Performance guarantee.

17.92.010 Purpose.

Procedures for the processing of Development Permits are intended to protect the integrity and character of the residential, commercial and industrial areas of the City, through the application of the provisions of the chapter consistent with the General Plan. At the time of application submittal a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards and design guidelines. This review shall determine whether the permit should be approved by weighing the public need for the benefits to be derived from the use against the impacts it may cause. (Prior code § 159.44.010)

17.92.020 Application.

Application for a Development Permit shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Prior code § 159.44.020)

17.92.030 Applicability.

Development Permits shall be required for all applicable uses and structures permitted by this Zoning Ordinance pursuant to Table

17.64.01. Specifically, a permit shall be required under the following circumstances:

A. Development Permits – Administrative (Review by the Director or his/her designee)
a. Single Family Residential Housing- 1 Structure
Item Number: 16.

1 b. Antennae
c. Fences and Walls
d. Large Family Day Care
e. Residential Care Facility
B. Development Permits - Minor (Review by the Director or his/her designee)
a. Minor Additions to existing Commercial, Industrial,
or Mixed-Use Buildings, but no more than 20% of the
square footage of the existing structure, and not subject to CEQA
b. Multi-Family Housing Developments consisting of 20
units or less, and not subject to CEQA
C. Development Permits – Major (Review by the Planning
Commission)
a. New Construction on Vacant Lot
b. Single Family Housing Subdivisions
c. Major Additions to existing Commercial, Industrial,
or Mixed-Use Buildings more than 20% of the square
footage of the existing structure, or subject to CEQA
d. Multi-Family Housing Developments consisting of 21
units or more
e. All other improvements, other than those listed
above/ subject to Zoning Compliance/Approval

17.92.040 Project review.

A. Development Permit applications shall be analyzed to assure that the applications are complete and consistent with the intent and the purpose of this chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Development Permit shall be reviewed by the Planning Director for completeness prior to Planning Commission review and possible action. (Prior code § 159.36.030)
B. A Development Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code.

Notwithstanding, a Development Permit may be granted if the application for same includes remedying any and all municipal code violations.

Item Number: 16.

1 17.92.050 Hearings and notice.

Upon receipt in proper form of a Development Permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.104 (Hearings and Appeals) for an application in which the Planning Commission is the final review authority, or where the proposed commercial or industrial development is adjacent to a residential land use district. (Prior code § 159.44.050)

17.92.060 Findings.

Following a hearing, the appropriate review authority, as outlined in Table 17.64.01, shall record the decision in writing and shall recite therein the findings upon which any such decision is based. The review authority may approve and/or modify a Development Permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts, and to carry out the purpose and requirements of the respective land use district. The review authority may approve a Development Permit, only if all of the following findings are made:

A. The proposed use is consistent with the General Plan; B. The proposed use is permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance, including prescribed development standards and design guidelines;
C. The subject site is physically suitable for the type and intensity of the land use being proposed;
D. The proposed development would be compatible with existing and future developments within the land use district and general area; E. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety;
F. There is adequate public access and roadway capacity to serve the subject proposal;
G. There are no significant harmful effects upon environmental quality and natural resources;
Item Number: 16.

1 H. Any negative impacts of the proposed use can and shall be mitigated; and
I. The proposed location, size, design, and operational characteristics of the planned use are not detrimental to the public interest, health, safety, convenience, or welfare of the City. (Prior code § 159.44.060)

17.92.070 Development Permit expiration/Time extension.

A. Unless otherwise permitted by law, a Development Permit shall have a maximum term of five (5) years from the date of approval.

B. The initial term of the Development Permit shall be two (2) years.

C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years.

Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.

D. Development Permits which are not exercised by the
commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Development Permit shall become null and void, unless extended.

E. If after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Development Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction
commencement to the next phase’s date of construction
commencement to have occurred, or the Development Permit shall become null and void.

F. The Development Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Development Permit. In instances where the applicant has made substantial progress in meeting the
requirements of the DP defined as 90% of the project cost, the Item Number: 16.

1 Director may grant an additional extension to complete the project.

Such extension shall not be more than one (1) year.

17.92.080 Use of property before final decision.

No permit shall be issued for any use involved in an application for approval of a Development Permit until, and unless, the same shall have become final, pursuant to Section 17.104.080 (Effective date). (Prior code § 159.44.080)

17.92.090 Modification of development permit.

An approved development may be modified in a manner pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved development may be approved by the Director, pursuant to Chapter 17.120 (Minor Modifications). (Prior code § 159.44.090)

17.92.110 Revocation.

A. The City may initiate proceedings to revoke or modify a Development Permit granted pursuant to the provisions of this chapter. The hearing shall be conducted pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended from time to time. The decision of the Hearing Officer shall be final.

B. A Development Permit may be revoked or modified if any of the following findings can be made:

1. That circumstances have changed so that one or more of the findings contained in Section 17.92.060 can no longer be made;

2. That the Development Permit was obtained by
misrepresentation or fraud;

3. That the use for which the Development Permit was granted had ceased or was suspended for 6 or more consecutive
calendar months;

4. That one or more of the conditions of the Development Permit have not been met;

5. That the use is in violation of any statute, ordinance, law, or regulation; or

6. That the use permitted by the Development Permit is
detrimental to the public health, safety, or welfare or constitutes a nuisance. (Ord. 695 10-15-19; prior code § 159.44.110)
Item Number: 16.

1 17.92.120 Performance guarantee.

The developer may be required to provide performance security in a manner similar to that set forth in Section 16.08.230 for the faithful performance of any or all conditions of approval. (Prior code § 159.44.120)
Item Number: 16.

1 Exhibit E
Chapter 17.104

HEARINGS AND APPEALS
Sections:

17.104.010 Purpose.

17.104.020 Application processing.

17.104.030 Director investigation.

17.104.040 Hearing procedure.

17.104.050 Notice of decision—Director.

17.104.060 Notice of decision—Commission.

17.104.070 Notice of decision—Council.

17.104.080 Effective date.

17.104.090 Appeal of action.

17.104.100 Filing of appeals.

17.104.110 Notice of appeal hearings.

17.104.120 Effective date of appealed actions.

17.104.130 Reapplication.

17.104.140 Reconsideration.

17.104.010 Purpose.

Provisions of this chapter specify procedures for hearings before the City Council, Planning Commission, and Director and appeals of any requirement, decision or determination made by the Director, or the Planning Commission. (Prior code § 159.52.010)

17.104.020 Application processing.

A. Applications shall be noticed consistent with the applicable provisions of the California Government Code Sections 65090, 65091, and 66451.3.

B. Not fewer than 10 days before the date of a hearing, public notice shall be given of such hearing by all of the following methods:

1. By one (1) publication in a newspaper of general circulation within the City at least ten (10) days prior to said hearing. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and hearing body;

2. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax
assessor’s records. The list of property owners addresses shall be typed upon gummed labels, together with required postage.

The list shall be prepared and certified by the applicant, or a Item Number: 16.

1 title insurance company, civil engineer or surveyor licensed to practice in California. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; or, in the event that the number of owners and tenants to whom notice would be sent is greater than 1,000, notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper of general circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and

3. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.

17.104.030 Director investigation.

The Director shall make an investigation of facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Ordinance and the General Plan. The Director shall report the findings to the Planning Commission or City Council, as appropriate. (Prior code § 159.52.030)

17.104.040 Hearing procedure.

Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter, or as otherwise agreed upon. The summary minutes shall be prepared, or audio tape made and filed in the Planning Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued. (Prior code § 159.52.040)

17.104.050 Notice of decision—Director.

The Director shall announce and record his/her respective decisions in writing. The decision shall set forth applicable findings, either for approval or denial, and any conditions of approval. Following the decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. (Prior code § 159.52.050)
Item Number: 16.

1 17.104.060 Notice of decision—Planning Commission.

A. The Planning Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of approval or denial of the Planning Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.

B. Following the hearing, a notice of the decision of the Planning Commission, and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

C. The recommendation with findings of the Planning Commission for the following applications shall be transmitted to the City Council for final action:

1. Specific plans;

2. General Plan amendments, text or map;

3. Planned development district;

4. Zoning Ordinance amendments; and

5. Surface mining and land reclamation plans. (Prior code § 159.52.060)

17.104.070 Notice of decision—City Council.

A. The City Council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the City Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.

B. Following the hearing, a notice of the decision of the City Council and any conditions of approval shall be mailed by the City Clerk to the applicant at the address shown upon the application.

C. The decision of the City Council shall be final. (Prior code § 159.52.070)

17.104.080 Effective date.

Development Permits approved by the Director shall become effective upon approval, unless appealed to the City Council. Development Permits approved by the Director involving solely matters of landscaping, architecture and design shall become effective upon approval by the Director, unless appealed to the Planning Commission.

Minor exceptions, variances, all other Development Permits, and Conditional Use Permits, shall become effective 15 days following the final date of action (i.e., approval by the appropriate review authority).

Item Number: 16.

1 Specific plans, General Plan amendments, Zoning Ordinance amendments, development agreements, and surface mining and land reclamation plans shall become effective 30 days following the final date of action (i.e., adoption) by the City Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment. (Ord. 741 10-5-21; Prior code § 159.52.080)

17.104.090 Appeal of action.

Any determination or action taken by the Director for matters solely involving landscaping, architecture and design must first be appealed to the Planning Commission. The Planning Commission decision may further be appealed to the City Council. Any determination or action taken by the Director for any and all other matters may only be appealed to the City Council. Any action taken by the Planning Commission to approve or disapprove an application may be appealed to the City Council. (Ord. 741 10-5-21; Prior code § 159.52.090)

17.104.100 Filing of appeals.

Appeals shall be submitted to the Planning Department on a City application form, fees paid, and shall specifically state the basis of the appeal. An appeal of a Director action shall be filed with the Department within fifteen (15) days following the final date of action for which an appeal is made. Appeal of a Commission decision shall be filed with the Planning Department within fifteen (15) days following the final date of action for which an appeal is made. Appeal of a City Engineer action shall be filed with the Planning Department within fifteen (15) days following the final date of action for which an appeal is made. All appeals relating to subdivision matters shall be made within fifteen (15) days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 17.68 (Applications and Fees). (Prior code § 159.52.100)

17.104.110 Notice of appeal hearings.

The notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all, if any, noticing materials required in the original application, including postage. (Prior code § 159.52.110)

17.104.120 Effective date of appealed actions.

An action of the Director solely for matters involving landscaping, architecture and design appealed to the Planning Commission shall not become final until acted upon by the Planning Commission. If the Planning Commission action is further appealed to the City Council, the action shall not become final until acted upon by the City Council. An action of the Director appealed to the City Council shall not become final until acted upon by the City Council. (Ord. 741 10-5-21; Prior code § 159.52.120)
Item Number: 16.

1 17.104.130 Reapplication.

When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve (12) months, except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of fifteen (15) days has elapsed following the written notice of decision. (Prior code § 159.52.130)

17.104.140 Reconsideration.

In the event that more complete or additional facts or information, which may affect the original action taken on an application by a review authority, are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Planning Department within fifteen (15) days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 17.104.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. (Prior code § 159.52.140)
Item Number: 16.

1 Exhibit F
Chapter 17.136

TEMPORARY USE PERMITS
Sections:

17.136.010 Purpose.

17.136.020 Permitted uses.

17.136.030 Application.

17.136.040 Findings.

17.136.050 Conditions of approval.

17.136.060 Condition of site following temporary use.

17.136.070 Revocation.

17.136.010 Purpose.

The Temporary Use Permit allows for short-term activities which may be appropriate when regulated. (Prior code § 159.70.010)

17.136.020 Permitted uses.

The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit:

A. Real estate offices within approved development projects; B. On- and off-site contractors’ construction yards in conjunction with an approved development project;
C. Trailer, coach, container, construction trailer, or mobile home as a temporary use for the property owner or contractor when a valid building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever first occurs;
D. Container or storage pod for the temporary storage of household goods when improvements are being made to the property.

E. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November 1st through December 31st, subject to all applicable provisions of the municipal code; F. Circuses, rodeos and carnivals, subject to compliance with Chapter

17.156;
Item Number: 16.

1 G. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;
H. Emergency public health and safety needs;
I. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 17.04.070(C) (Similar Uses Permitted); J. City-sponsored uses and activities, not occupying a structure and occurring at regular periodic intervals (weekly, monthly, yearly, etc.); and
K. Temporary mobile food vending at private and public properties pursuant to Chapter 5.52. (Ord. 690 9-3-19; prior code § 159.70.020)

17.136.030 Application.

A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Planning Commission. Decisions of the Director may be appealed to the Planning Commission, pursuant to Chapter 17.104 (Hearings and Appeals). (Prior code § 159.70.030)

17.136.040 Findings.

The Director may approve, or conditionally approve a Temporary Use Permit application, only when all the findings contained in Section

17.76.050 (Conditional Use Permits—Findings) are made. (Prior code § 159.70.040)

17.136.050 Conditions of approval.

In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section 17.76.050. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include but are not limited to:

A. Provision for a fixed period not to exceed 90 days unless otherwise specified in this Chapter for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director. Periodic City-sponsored uses or activities outlined in Section 17.136.020(J) are not subject to the fixed time limitations of this condition as determined by the Director;
Item Number: 16.

1 B. Provision for temporary parking facilities, including vehicular ingress and egress;
C. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat; D. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
E. Provision for sanitary and medical facilities;
F. Provision for solid, hazardous and toxic waste collection and disposal;
G. Provision for security and safety measures;
H. Regulation of signs;
I. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in subsection A of this section;
J. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
K. Submission of a site plan indicating any information required by this chapter;
L. Requirements for access per the Americans with Disabilities Act M. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the municipal code; and
N. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in Item Number: 16.

1 accordance with the intent and purpose of this chapter. (Prior code § 159.70.050)

17.136.060 Condition of site following temporary use.

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance. (Prior code § 159.70.060)

17.136.070 Revocation.

A Temporary Use Permit may be revoked or modified by the Director if any 1 of the following findings can be made:

A. Circumstances have changed so that one (1) or more of the findings of fact contained in Section 17.76.050 can no longer be made; B. The Temporary Use Permit was obtained by misrepresentation or fraud;
C. One (1) or more of the conditions of the Temporary Use Permit have not been met; and
D. The use is in violation of any statute, ordinance, law, or regulation. (Prior code § 159.70.070)
Item Number: 16.

1 Exhibit G
Chapter 17.124

NONCONFORMING STRUCTURES AND USES
Sections:

17.124.010 Purpose.

17.124.020 Nonconforming structures.

17.124.030 Nonconforming uses.

17.124.040 Nonconforming lots.

17.124.050 Abatement of nonconforming uses.

17.124.060 Structure permits or certificate of occupancy prohibited.

17.124.070 Removal of illegal nonconforming structures and uses.

17.124.010 Purpose.

A. Provisions of this chapter provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. It is the intent of this chapter to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the
correction or removal of these land use nonconformities in an equitable, reasonable, and timely manner.

B. Nonconforming structures and uses within the City are generally detrimental to both orderly and complementary development, and the general welfare of citizens and property. Furthermore, it is the intent of this chapter that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners and conforming to state law. (Prior code § 159.62.010)

17.124.020 Nonconforming structures.

Structures which lawfully existed prior to the effective date of this Zoning Ordinance are legal nonconforming structures and may continue even though they fail to conform to the present requirements Item Number: 16.

1 of the land use district in which they are located. Legal nonconforming structures may be maintained as follows:

A. In order to comply with state housing law and aid in alleviation of the housing crisis, residential units shall not be deemed legal nonconforming. Therefore, such uses can be expanded so long as all applicable permits and laws are met, and additions meet all current development requirements.

B. Legal nonconforming structures which are damaged to an extent of 1/2 or more of replacement cost immediately prior to such damage may be restored only if made to conform to all
provisions of this Zoning Ordinance. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire and earthquake, may be reconstructed up to the original size, placement, and density. However, reconstruction shall
commence within two (2) years after the catastrophe.

C. Necessary repairs and desired alterations may be made to legal nonconforming residential structures, including multifamily, located in a residential land use district.

D. Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 1/2 of the replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

E. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal
nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement cost of the nonconforming structure over any consecutive f i v e ( 5) year period.

F. The replacement cost shall be determined by the Director.

Item Number: 16.

1 G. Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this Zoning Ordinance.

H. In the event that the use of a nonconforming structure is discontinued by evidence of vacancy for a period of six (6) or more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this Zoning Ordinance. A use of a legal nonconforming structure shall be considered discontinued when any of the following apply:

1. The intent of the owner to discontinue use of the
nonconforming structure is apparent, as determined by the Director.

2. In the event that characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six (6) or more consecutive calendar months.

3. Where there are no business receipts available for the six (6) month period.

I. The Director shall permit a nonconforming structure to be reoccupied without complying with the building dimensional requirements (pertaining to height, setbacks and/or lot coverage) or the landscaping requirements in Chapter 17.56 where the use of the nonconforming structure has been discontinued for six (6) months or more and if the Director determines that a portion of the structure or the required on-site parking must be removed in order for the structure to conform to the provisions of this Zoning Ordinance. All other requirements in the municipal code, including but not limited to this chapter, shall apply to the reoccupancy of the structure. (Prior code § 159.62.020)

17.124.030 Nonconforming uses.

The continuance of legal nonconforming uses are subject to the following:

A. Change of ownership, tenancy, or management of a
Item Number: 16.

1 nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not change.

B. If a nonconforming use is discontinued for a period of six (6) or more consecutive calendar months, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of this Zoning Ordinance.

C. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of this Zoning Ordinance.

D. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

E. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be
expanded or changed, except as provided in subsection F of this section.

F. A nonconforming use of a portion of a nonconforming
commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to the granting of a Development Permit after a noticed public hearing as specified in Section 17.104.020, and if all the following findings are made:

1. That the nonconforming use is similar to the uses originally allowed in the center or complex;

2. That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and

3. That the use of the entire center or complex has not been vacant or discontinued for a period of six (6) or more calendar months.

G. An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a Development Permit after a noticed public hearing as specified in Section 17.104.020, and if all of the following findings are made:

Item Number: 16.