Agenda — Desert Hot Springs City Council, September 5, 2023 (part 1 of 2)

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City of Desert Hot Springs

AMENDED AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, September 5, 2023
4:00 3:00 PM - Closed Session
5:15 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
CLOSED SESSION - 4:00 3:00 P.M.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS
At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

CLOSED SESSION:

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

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

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

Page 1 of 239 ends

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case

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

Property: 11691 West Drive (APN: 664-190-027)
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: County of Riverside
Under Negotiation: Price and Terms

6. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Unrepresented employee: City Manager
RECESS
PRESENTATIONS - 5:15 P.M.

Alzheimer's Walk Presentation
Tourism and Marketing Update
Sean Smith, Economic Development Director
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

APPROVAL OF AGENDA
At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.

Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.

Page 2 of 239 ends

PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.

Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:

7. An Ordinance Amending Various Chapters of Title 17, Zoning Ordinance including: “Chapter 17.20 (Open Space); Chapter 17.24 (Public Use Districts); Chapter 17.48 (Off-Street Parking Standards); and Chapter 17.52, (Off-Street Loading Standards)”
Travis Clark, Community Development Director
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 17.20 (Open Space); Chapter 17.24 (Public Use Districts); Chapter 17.48 (Off-Street Parking Standards); and Chapter 17.52, (Off-Street Loading Standards).”
Staff Report - SR-23-192 - Pdf
7 - 86
ADMINISTRATIVE CALENDAR:

8. Resolution to Recognize, Acknowledge, and Observe Cesar Chavez Day as a Public Holiday
Geoffrey Buchheim, Administrative Services Director
Recommendation:
87 - 90

Page 3 of 239 ends

Adopt a Resolution of the City Council of the City of Desert Hot Springs recognizing March 31 as Cesar Chavez Day and observe as an official paid holiday for City employees.

Staff Report - SR-23-156 - Pdf

9. Resolution for Community Resilience Centers (CRC) Program Application
Noe Arechiga, Grants Manager
Recommendation:

Adopt a Resolution of the City Council authorizing participation in and authorizing the City Manager to negotiate and approve all agreements and necessary documents associated with the California Strategic Growth Council - Community Resilience Centers (CRC) Program Application for City of Desert Hot Springs Health and Wellness District Project.

Staff Report - SR-23-198 - Pdf
91 - 94

10. Award Construction Contract for Police Station Tenant Improvement Project
Nicholas Haecker, Public Works Director
Recommendation:

Award the construction contract agreement to the lowest responsive bidder, Diamond Construction, Inc. and authorize the City Manager to execute, and make any substantive changes if necessary, the agreement by and between Diamond Construction, Inc. and the City of Desert Hot Springs for the Construction of the Police Station Tenant Improvement Project, City Project No. 8002 in the amount of $553,000.00, and approve a 10% contingency amount of $55,300.00, with a total project budget of $608,300.00.

Staff Report - SR-23-197 - Pdf
95 - 156

11. Agreement With the City of Cathedral City for Maintenance of Traffic Signal and Safety Lighting at the Intersections of Palm Drive and Varner Road, and Palm Drive and Paul Road
Jilleen Ferris, City Engineer
Recommendation:

Authorize the City Manager to execute, and make any substantive changes if necessary, the agreement for maintenance of shared traffic signals and safety lighting by and between the City of Desert Hot Springs and the City of Cathedral City for the maintenance of the traffic signals and safety lighting at the intersection of Palm Drive and Varner Road, and Palm Drive and Paul Road.

Staff Report - SR-23-196 - Pdf
157 - 167

12. Resolution Regarding Compliance With the Annual Fire Inspections of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
169 - 178

Page 4 of 239 ends

Mike Beverlin, Fire Chief
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, acknowledging receipt of a report made by the Fire Chief of the Riverside County Fire Department regarding compliance with the annual inspection of certain occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

Staff Report - SR-23-200 - Pdf

13. Designation of Voting Delegate and Alternate(s) for the 2023 Cal Cities Annual Conference in Sacramento, California
Jerryl Soriano, City Clerk
Recommendation:

Appoint one (1) voting delegate and up to two (2) alternates for the 2023 Cal Cities Annual Conference in Sacramento, California.

Staff Report - SR-23-195 - Pdf
179
CONSENT CALENDAR:

Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.

14. City Council Special Meeting Minutes: August 9, 2023 City Council Emergency Meeting Minutes: August 22, 2023 Jerryl Soriano, City Clerk
Recommendation: Approve the Minutes as presented; or as corrected.

Staff Report - SR-23-201 - Pdf
181 - 186

15. Second Reading and Adoption of An Ordinance Approving the First Amendment to the Development Agreement Between the City of Desert Hot Springs and Skyborne Ventures, LLC
Jerryl Soriano, City Clerk
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, approving the First Amendment to the Development Agreement By and Between the City of Desert Hot Springs and Skyborne Ventures, LLC, a California Limited Liability Company."
Staff Report - SR-23-194 - Pdf
187 - 236

16. Contracts Management Report as of August 15, 2023
Geoffrey Buchheim, Administrative Services Director
Recommendation:
237 - 239

Page 5 of 239 ends

Receive and file.

Staff Report - SR-23-193 - Pdf

PUBLIC COMMENTS
Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

ADJOURN

UPCOMING MEETING DATES
*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.

September 12 Planning Commission 6:00 p.m.

September 14 Public Safety Commission 6:00 p.m.

September 19 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________________

NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.

Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

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SR-23-192
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 5, 2023
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: An Ordinance Amending Various Chapters of Title 17, Zoning Ordinance including: “Chapter 17.20 (Open Space); Chapter 17.24 (Public Use Districts); Chapter 17.48 (Off-Street Parking Standards); and Chapter 17.52, (Off-Street Loading Standards)”
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 17.20 (Open Space); Chapter 17.24 (Public Use Districts); Chapter 17.48 (Off-Street Parking Standards); and Chapter 17.52, (Off-Street Loading Standards).”
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 • Simplifying language throughout the Zoning Ordinance
• Performing an internal consistency check across all chapters of the Zoning Ordinance Item Number: 7.

Page 7 of 239 ends

SR-23-192
• Performing a consistency check with the General Plan
DISCUSSION:

A summary of the changes to the Zoning Ordinance are listed below:

Chapter 17.20, Open Space
• Revised the open space zoning districts to be consistent with the General Plan and the Zoning Map. The old zoning district Open Space - Mountain Preserve has become Open Space - Conservation per the General Plan and Zoning Map
• Removed Open Space - Floodway as a land use category and treated is as an overlay zone similar to all FEMA flood zones per the General Plan and Zoning Map • Formatted the chapter to be consistent with other land use chapters • Revised the list of permitted uses within the Open Space District The Planning Commission made minor changes to the wording.

Chapter 17.24, Public Use Districts
• Consolidated the various public use zoning districts into a single public use district per the General Plan and the Zoning Map
• Five separate Public Zoning Districts are consolidated into one • Formatted the chapter to be consistent with other land use chapters • Expounded on the list of permitted uses within the Public Use District The Planning Commission made minor wording changes
Chapter 17.48, Off-Street Parking Standards and 17.52, Off-Street Loading Standards • Complete re-write of Chapter 17.48
• Combined the chapters on off-street parking and off-street loading into a single chapter • Re-configured the Parking Requirements Table 17.48-1
• Provided for an exemption for off-street parking in Downtown Commercial (C-D) • Included language for any State mandated parking exemption for housing i.e. near transit centers
• Provided for the ability to submit a parking study in lieu of using the standard minimums • Allowed for more than one driveway to serve a single-family residence • Required all parking in the front yard to be on paved surfaces The Planning Commission made no changes
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.

Item Number: 7.

Page 8 of 239 ends

SR-23-192
ATTACHMENTS:
1) Ordinance re Various Chapters of Title 17.08.16.23
2) Chapter 17.20 Open Space- Red Line w PC Comments
3) Chapter 17.20 Open Space- CURRENT
4) Chapter 17.24 Public Use Districts- Red Line w PC Changes 5) Chapter 17.24 Public Use Districts- CURRENT
6) Chapter 17.48 Off-Street Parking Standards- CURRENT
7) Chapter 17.52 Off-Street Loading Standards- CURRENT
8) Chapter 17.48 Off-Street Parking and Loading Standards - Clean Item Number: 7.

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1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS

AMENDING THE FOLLOWING CHAPTERS OF THE DESERT HOT SPRINGS MUNICIPAL CODE, TITLE 17, ZONING ORDINANCE: 1) CHAPTER 17.20 (OPEN SPACE), 2) CHAPTER 17.24 (PUBLIC USE DISTRICTS), AND 3) CHAPTER 17.48 (OFF-STREET PARKING STANDARDS)
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:
1) Chapter 17.20 “Open Space” shall be amended as per Exhibit A, which is incorporated herein
2) Chapter 17.24 “Public Use Districts” shall be amended as per Exhibit B, which is incorporated herein
Item Number: 7.

Page 10 of 239 ends

2 3) Chapter 17.48 “Off-Street Parking Standards” shall be amended as per Exhibit C, 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 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.

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
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.

Item Number: 7.

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3 [THIS PORTION OF THIS PAGE LEFT INTENTIONALLY BLANK]
The Ordinance was approved by the City Council and adopted at a meeting of the City Council held on September 5, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
___________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 7.

Page 12 of 239 ends

Exhibit A
Chapter 17.20 OPEN SPACE

17.20.010 Purpose.

17.20.020 Permitted uses.

17.20.030 Open Space Zoning District development standards.

17.20.040 Park system development standards.

17.20.050 Applicable regulations.

17.20.010 Purpose.

A. The purpose of this chapter is to achieve the following:

1. Encourage the provision of parks and recreation through flexible development standards;

2. Protect, preserve, and manage natural resources;

3. Protect public outdoor recreation areas from nonconforming uses;

4. Protect the public health and safety;

5. Preserve scenic viewsheds and prevent view blockage;

6. Reflect the needs of the community each park serves and locate recreational areas in close proximity to residential areas;

7. Create a multi-user park and trail system which meets basic human needs, is efficient and compliments land uses , i s ecologically sound, and can balance cost and revenues over time.

B. The purpose of the individual Open Space districts is as follows:

1. Open Space - Conservation (OS-C). This district applies to public and quasi-public owned or private lands that have been set aside for conservation or pursuant to the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP). This district is intended to protect lands and ecosystems by preserving natural resources, habitats, and drainage systems. Pedestrian access should be avoided within sensitive habitat areas.

2. Open Space - Recreation (OS-R). This district is to provide for the continuation and enhancement of existing public parks and development of new parks and recreation facilities, as well as detention basins and drainage areas.

3. Open Space - Private Open Space (OS-P). This district is to provide recreational opportunities and preserve open space located within private developments.

17.20.020 Development permitted and conditionally permitted uses.

Item Number: 7.

Page 13 of 239 ends

Table 17.20.01 represents those uses in the open space land use districts which are subject to permit review and approvals. Table 17.12.01 lists the uses permitted in each of the commercial and visitor-serving districts utilizing the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Use Permit.
“CUP” Use requires a Conditional Use Permit.
“TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.

The organization and numerical ordering of Table 17.20.01 is based on the Standard Industrial Classification System as defined in Section 17.04.050 of this Zoning Ordinance. It is not expected that the range of uses set forth below is all inclusive. Cases of uncertainty regarding whether a particular land use is permitted and by what process, shall be determined by the Director.

TABLE 17.20.01
PERMITTED USES – OPEN SPACE DISTRICTS

OS-C OS-R OS-P
Agriculture and animal keeping
Aviary and apiary - CUP CUP
Botanical garden - P P
Stables, private - - P
Stables, public - CUP CUP
Wildlife refuge P P P
Zoo - CUP CUP
Recreational
Athletic fields - P P
Educational, recreational facilities
(aquariums, etc.)
- P P
Golf course - CUP P
Museum/Cultural Center/Nature Center CUP P P
Playgrounds and picnic areas P P P
Retail store ancillary to a recreational use
(snack bars, etc.)
- P P
Sports courts (Tennis, Pickleball,
Handball, Bocce Ball, etc.)
- P P
Swimming pool - P P
Trails and trailhead facilities P P P
Other
Antennae/satellite dishes - P P
Caretaker’s residence - P P
Item Number: 7.

Page 14 of 239 ends

Parking lots, public - P P
Utility facilities AUP AUP AUP
Schools - CUP CUP
Temporary U ses TUP TUP TUP
(Prior code § 159.10.020)

17.20.030 Open Space Zoning District development standards.

The following standards are minimum unless stated as maximum. The standards shall apply to all development, except as otherwise provided for in this Zoning Ordinance:

A. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses shall be approved during site plan review.

B. There shall be no visible storage of motor vehicles, loose rubbish, garbage, junk, tents, equipment, or building materials in any portion of a lot. During site plan review for any new use, properly screened outdoor storage shall be reviewed and included in the conditions of approval if it meets the requirements of this Zoning Ordinance. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

C. Every parcel with an occupiable structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted City standards and be of sufficient size to accommodate the trash generated by the use. The receptacle(s) shall be screened from public view on at least 3 sides by an opaque wall 6 feet in height and on the fourth side by an opaque gate not less than 5 feet in height. The gate shall be maintained in working order and shall remain closed except when in use.

The wall and gate shall be designed in compliance with City Standards. Utility lines, flagpoles, and similar structures are exempt from this provision.

D. All mechanical equipment should be screened from public view in a manner which is architecturally integrated with the main structure. Vents, ducts, chimneys, and steeples shall be exempt from this provision.

E. Elevations of all buildings shall be architecturally treated to ensure compatibility with neighboring buildings.

F. Outdoor paging systems shall be prohibited.

G. All development shall incorporate alternative transportation and transit into its site planning.

Alternative transportation shall include pedestrian connections to adjacent land uses, bicycle lanes and parking facilities in conformance with Chapter 17.48, Off-Street Parking Standards. Transit facilities shall be reviewed with SunLine Transit, to determine need and location for commuter facilities, bus stops and shelters. (Prior code § 159.10.030(1)) Item Number: 7.

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17.20.040 Park system development standards.

The following standards shall apply to Parks within Open Space Zoning District. For residential uses in the Open Space Zoning District, see Table 17.08.02, Residential District Development Standards, and the standards contained in Sections 17.08.030 through 17.08.210. (Prior code § 159.10.030(2)) A. Types of Parks.

1. Community Parks. Should be located near residential areas and accessible to the entire community.

2. Neighborhood Parks and Urban Parks. Should be located near neighborhoods planned for intense development.

3. Mini-parks. Should be located inside a neighborhood with close proximity to heavily populated areas especially those areas with a majority of multifamily dwellings.

B. Standards for Parks.

1. The following table describes the City’s standards for parks.

TABLE 17.20.02

STANDARDS FOR RECREATION AREAS
Type of Park Area Acres/1,000 Pop.

Ideal Site
Size/Minimum Radius Served
Mini-parks 0.25 - 0.5 1 AC./0.5 acres <0.25 miles
Neighborhood parks,
urban parks, playgrounds 1.0 - 2.0 15 acres 0.25 - 0.5 miles Playfields, community
parks 5.0 - 8.0 25 acres 1.0 - 2.0 miles

2. In addition, the following development standards shall apply:
a. The minimum setback for all buildings and structures shall be:
i. Adjacent to residential uses: 20 feet.
ii. Adjacent to any other zone or use: 10 feet.

This requirement shall not apply to mini-parks. In addition, variations to setback requirements will be considered through an application for a Conditional Use Permit, pursuant to Chapter 17.76, Conditional Use Permits.

C. Recreational Area Development.

Item Number: 7.

Page 16 of 239 ends

1. Parkland facilities within the City shall be developed at a minimum rate of 5 acres/1,000 population.

2. Recreational areas and open space development are subject to Development Permit Review, pursuant to Chapter 17.84, and shall meet the following standards:
a. Parks and Open Space Development. Sensitive plant and animal species shall be identified and mapped by a qualified biologist prior to development, if applicable. Sensitive areas and appropriate buffers shall be incorporated into the development plan. b. Trail Development. Trails are an important aspect of the City’s transportation system, providing direct access to and linkage with existing and future recreational areas. Areas that are not developable for structures may be adaptable for trail development. Such areas can include geologically hazardous grounds, wildlife corridors, floodways, and utility easements.

The City shall establish the following trail standards as a guide for future trail development. The standards contained in Table 17.20.03 (Trail Standards) shall be considered as the minimum requirements.

TABLE 17.20.03

TRAIL STANDARDS
Urban Standards (Maximum Accessibility)
Item
Bicycle +
Pedestrian Bicycle Only Hiking Only Equestrian Only
Minimum width
(one- way) 10 feet 5 feet 5 feet 8 feet
Minimum width
(two- way)
12 feet 8 – 10 feet 8 – 10 feet 10 feet
Surface hardened
Hardened (e.g.,
asphalt)
Hard-packed
(e.g., asphalt)
Hard-packed (no
paving) No paving
Shoulder 2 feet minimum 2 feet minimum 2 feet minimum 2 feet minimum Vertical clearance 12 feet 10 feet 10 feet 12 feet
Cross slope 2% maximum 2% maximum 2% maximum 2% maximum Low Use and Natural Area Standards
Item Multi-User Hiking Only
Mountain
Bicycle
Only
Equestrian Only
(Foothill and
Mountain
Areas)
Minimum width
(one- way) 6 – 8 feet 2 feet 2 feet 6 feet
Minimum width
(two- way) 8 – 10 feet 2 feet 4 feet 8 feet
Item Number: 7.

Page 17 of 239 ends

Surface
Firm all-weather
and unobstructed Minimize erosion Minimize erosion Minimize erosion Shoulder 2 feet minimum 2 feet minimum 2 feet minimum 2 feet minimum Vertical clearance 10 feet 8 feet 8 feet 12 feet
Cross slope 3% maximum 3% maximum 3% maximum 3% maximum (Prior code § 159.10.030(2)(A) and (B))

17.20.050 Applicable regulations.

All uses developed in the Open Space Districts shall be subject to the applicable regulations of this Zoning Ordinance. Development standards and design guidelines shall conform with the type of use being proposed to the use district development standards relevant to that use.

Item Number: 7.

Page 18 of 239 ends

Exhibit B
Chapter 17.24 PUBLIC AND INSTITUTIONAL USE DISTRICTS
Sections:

17.24.010 Purpose.

17.24.020 Permitted uses.

17.24.030 Development standards.

17.24.040 Applicable regulations.

17.24.010 Purpose.

The purpose of this chapter is to provide for lands designated for public/quasi-public and institutional uses on the Zoning Map. The public uses designation applies to institutional uses, including fire and police stations, public schools, colleges, libraries post offices, government service facilities, and public utility and infrastructure facilities.

17.24.020 Permitted uses.

A. Table 17.24.01 lists the uses permitted in the Public Use districts using the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Use Permit.
“CUP” Use requires a Conditional Use Permit.

TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.

B. The organization and numerical ordering of Table 17.24.01 is based on the Standard Industrial Classification System as defined in Section 17.04.050 of this Zoning Ordinance.

It is not expected that the range of uses set forth below is all inclusive. Cases of uncertainty regarding whether a particular land use is permitted and by what process, shall be determined by the Director.

TABLE 17.24.01
PERMITTED USES – PUBLIC AND INSTITUIONAL USE DISTRICTS
Use
Public and Institutional Related
Facilities
Schools, Public P
Item Number: 7.

Page 19 of 239 ends

Schools, Private CUP
Office, Business and Professional P
Public Assembly Facilities P
Library, Public P
Museums P
Theaters, Performance Halls (Public) P
Community/Senior Center P
Accessory Structures P
Public Safety
Police Station P
Fire Station P
Ambulance Fleet P
Recreation
Parks, Public P
Athletic or Sports Field P
Stage and Amphitheatre CUP
Snack Bar P
Residential
Caretaker’s Residence P
Transportation, Communication,
and Infrastructure Uses
Car Sharing – Parking AUP
Parking Facility, Public P
Vehicle Storage AUP
Vehicle Service, Minor AUP
Utility Facilities – Staffed P
Utility Facilities – Unstaffed P
Wireless Communication Facility -
Minor
AUP
Wireless Communication Facility -
Major
CUP
Wireless Communication Facilities –
Satellite Dish Antenne
P
Other
Corporate Yards P
Maintenance Facilities P
Animal Boarding/Kennels AUP
Farmer’s Market (Permanent) AUP
Temporary Uses TUP
(Prior code § 159.12.020)

17.24.030 Development standards.

The following standards are minimum unless stated as maximum, except as otherwise provided for in this Zoning Ordinance:

Item Number: 7.

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The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be designed in compliance with City Standards.

B. All mechanical equipment should be screened from public view in a manner which is architecturally integrated with the main structure. Vents, ducts, chimneys, and steeples shall be exempt from this provision.

C. Elevations of all buildings shall be architecturally treated.

D. Outdoor paging systems shall not exceed 65 dBA at the property line.

E. All public use development shall incorporate alternative transportation and transit into its site planning. Alternative transportation shall include pedestrian connections to adjacent land uses, bicycle lanes and parking facilities (in conformance to Chapter 17.48, Off-Street Parking Standards).

Transit facilities shall be reviewed with SunLine Transit, to determine need and location for commuter facilities, bus stops and shelters, vehicle charging stations, bicycle parking, and pedestrian access to transit stops shall be required where feasible.

F. When abutting residential development, landscaping and walls shall be integrated as barriers for the development(s).

TABLE 17.24.02

PUBLIC AND INSTITUIONAL USE DEVELOPMENT STANDARDS
Front Setback 10 Feet
Rear Setback 10 Feet
Side Setback Each 10
Side Setback (Street Side) 10 Feet
Maximum Lot Coverage 50%
Maximum Structure Height (Feet) 30*
Maximum Floor Area Ratio 0.60
*Gymnasiums, auditoriums, and athletic field grandstands are exempt from the height limit of 30 feet. (Prior code § 159.12.030)

17.24.040 Applicable regulations.

Page 21 of 239 ends

shall conform to Sections 17.12.260 through 17.12.370, commercial design guidelines. (Prior code §159.12.040)
Item Number: 7.

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Exhibit C
Chapter 17.48 OFF-STREET PARKING AND LOADING STANDARDS
Sections:

17.48.010 Purpose.

17.48.020 Applicability.

17.48.030 General regulations.

17.48.040 Exemption

17.48.050 Parking requirements.

17.48.060 Accessibility parking requirements.

17.48.070 Design standards.

17.48.080 Off -street loading standards

17.48.010 Purpose.

This chapter contains provisions to make available properly designed parking areas and loading berths adequate in capacity, location, and design to prevent traffic congestion and a shortage of street parking in the city. Unless exempt, off-street parking facilities shall be provided incidental to new uses and alterations and enlargements of existing uses. The number of parking spaces shall be in proportion to the need created by the particular type of use. Off-street parking and loading areas are to be established in a manner that will ensure their usefulness, protect public safety, and where appropriate, buffer surrounding land uses from their impact.

17.48.020 Applicability
Off-street parking shall be provided for any new building constructed; for any addition or enlargement of an existing industrial, commercial, and institutional building or use greater than 20% in square footage; and for any change in the occupancy of any building or the manner in which any use is conducted that would result in additional parking spaces being required, unless an equivalent substitute number of such spaces is provided and maintained conforming to the requirements of this chapter except as otherwise provided in this chapter.

Parking standards shall follow any state housing or residential laws, which laws shall control.

B. The word “use” shall mean both the type and intensity of the use, and that a change in use shall be subject to all of the requirements of this chapter.

Item Number: 7.

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C. When a new structure is constructed, enlarged, or increased in excess of 20% of the square footage, or when a change in use creates an increase in the required amount of parking, additional parking spaces shall be provided in accordance with the provisions of this chapter.

An applicant, however, may provide the City with a parking study that evidences support of reduced off-street parking. The Director shall determine if such a reduction is warranted, based upon findings. If a study is not prepared, the required parking shall be provided per the requirements below.

D. Requirements for uses not specifically listed herein shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the use, pursuant to Section 17.04.070(C) (Similar Uses Permitted).

E. Fractional parking space requirements shall be rounded up to the next whole parking space.

F. All parking, including recreational vehicle parking, shall occur on paved areas. “Paved” means covered by concrete, asphalt, pavers, or a similar material as approved by the Director.

Brick and gravel are not permissible materials for a paved parking area.

G. No commercial vehicle, regardless of weight, shall be permitted to drive or park on any street within any residential zone, unless otherwise permitted pursuant to this chapter and subject to the specific exemptions that may be set forth in the California Vehicle Code.

H. Non-conforming Parking (Commercial Districts) – Existing facilities in Commercial Districts which do not meet current parking standards shall be permitted to maintain the existing parking unless additional development is proposed or permitted. Additional development, alterations, additions, or change of use would require parking to be updated to meet current standards. If parking standards cannot be met, the Director or designee may allow a reciprocal parking agreement on a case-by-case basis.

17.48.40 Exemption
A. Off-street parking is exempt for any commercial use in the Commercial Downtown (C-D) Zoning District.

B. Parking shall not be required where State law provides for an exemption.

17.48.50 Parking Requirements.

A. The following minimum number of parking spaces shall be provided for each use (where “sq. ft.” refers to square foot). Where the parking ratio listed is based upon square feet, the square Item Number: 7.

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footage shall mean the gross square feet of the building unless otherwise indicated. Where there is more than one parking ratio listed in the table, the greater of the two applies. Further, if any of the below contradicts state law parking requirements such as AB 2097 (as amended), state law shall apply.

B. Uses Not Listed – Land uses not specifically listed in Table 17.48-1 shall provide parking as required by the Community Development Director. The Community Development Director shall use the standards identified in Table 17.48-1 as a guide in determining the minimum number of off-street parking spaces to be provided.

Table 17.48-1
USE Minimum Parking Stalls
Residential Uses
Single Family, (1- 2 dwelling per lot) 2 Spaces per unit within an enclosed garage Single Family, Manufactured Home 2 Spaces per unit within an enclosed garage Multi-Family (3 dwellings or more per lot)
0 – 1 Bedroom 1 per unit – 1 covered
2 or more bedrooms 2 per unit – 1 covered & 1 uncovered Mobile Home Parks 2 per unit – 1 covered & 1 uncovered
Residential Care Facilities/Care Home 1 Covered (Carport) per 4 beds 1 Condominiums, Apartments or Residences
within a Planned Development
0 – 1 Bedroom 1 per unit – 1 covered
2 – 3 Bedrooms 2 per unit – 1 covered & 1 uncovered
4 or more Bedrooms 2 per unit – 1 covered & 1 uncovered Sustainable newly constructed single-family
residential development that is within a
registered Homeowners Association (HOA)
2 spaces
Attached 2-car carport is allowed. Carport
must be architecturally compatible with the
main structure, and carport layout shall not be
tandem.

Agricultural and Animal-Related Uses
Equestrian Stables 1 Space per 5 stables²
Animal Boarding/Kennel Grooming Services 1 Space per 500 sq. ft.

Nurseries & Garden Centers 1 Space per 500 sq. ft. of indoor display, plus 1 Space per 2,500 sq. ft of outdoor display
Veterinary Services (Large Animal) 1 Spaces per 1,000 sq. ft.

Veterinary Services (Small Animal) 1 Space per 250 sq. ft.

Commercial Uses (Retail, Office and
Services)
Building Materials Services (Indoor) 1 Space per 500 sq. ft.

Item Number: 7.

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Building Materials Services (Outdoor) 1 Space per 1,000 sq. ft.

Financial Institutions, Banks, & Loan Offices 1 Space per 300 sq. ft Farmers Market (Permanent) 2 Spaces per Vendor
Grocery Stores, & Supermarkets 1 Space per 250 sq. ft.

Convenience & Liquor Stores 1 Space per 250 sq. ft.

Gym, fitness, health, exercise salon and spas 1 Space per 250 sq. ft.

Personal Services – (Beauty Parlors, Barber
Shops, Nail Salons, Tanning Salons,
Palm/Card Reader, Massage Establishment,
Tattoo & Body Piercing, Cosmetic Services, &
other similar uses)
2 Spaces per station
Personal Services – (Laundromats,
Locksmiths, Shoe Repair, Tailors &
Seamstresses, Clothing Rental, & other similar
uses)
1 Space per 250 sq. ft.

Multi-Tenant Commercial Centers with less
than 5,000 sq. ft.
1 Space per 300 sq. ft
Multi-Tenant Commercial Centers with more
than 5,001 sq. ft.

Same as above plus 1 space for each 250 sq. ft.
thereafter
Retail Sales – General 1 Space per 250 sq. ft
Retail Sales – Restricted 1 Space per 250 sq. ft.

Religious Institutions
Churches, Mosque, Synagogue, Mortuary,
Funeral Parlor
1 Space for every 5 Fixed Seats or 1 Space for
each 35 sq. ft. of non-fixed seating area in the
principal sanctuary, conference space, or
auditorium whichever is greater.

Commercial Recreation Outdoor
Tennis, Pickleball, Bocce Ball, Handball, or
other Racquet Sport, or similar uses
2 Spaces per court, plus as required for
incidental uses
Golf Course 4 Spaces for each hole, plus as required for incidental uses
Go-Cart & Miniature Auto Racetracks 2 Spaces per lane, plus as required for incidental uses
Driving Range & Golf Driving Ranges 1 Space for each tee Drive-In Theaters Determined at project review
Batting Cage 1 Space per cage, plus as required for
incidental uses
Amphitheaters, Stadiums, & Coliseums 1 Space for every 3 seats, plus as required for incidental uses
Amusement & Water Park Determined at project review
Item Number: 7.

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Skateboard Parks 1 Space per 250 sq. ft.

Shooting Range 1 Space per firing line, plus 1 space per 500 sq. ft. of building
Miniature Golf Course 1 Space per 250 sq. ft., plus as required for incidental uses
Motorcycle Racing, Drag Strips, & Racetracks 1 Space per 250 sq. ft., plus as required for incidental uses
Zoo & Animal Petting Determined at Project Review
Commercial Recreation Indoor
Bowling Alley 1 Space per lane, plus as required for incidental uses
Arcades 1 Space per 250 sq. ft., plus as required for
incidental uses
Archery & Gun Ranges 1 Space per lane, plus as required for incidental uses
Batting Cages 1 Space per cage, plus as required for
incidental uses
Billiard Parlors/Poolhalls 1 Space per 250 sq. ft., plus as required for incidental uses
Dance Halls 1 Space per 300 sq. ft.

Skateboarding, Skating, Roller Hockey Rinks,
& Ice Rinks
1 Space per 250 sq. ft., plus as required for
incidental uses
Art & Dance Studios 1 Space for every 5 persons
Theaters 1 Space for every 4 seats
Eating & Drinking Establishments
Bars, Lounges, Nightclubs, and Tasting Rooms 1 Space per 250 sq. ft.

Brewery, Winery, and Distillery 1 Space per 200 sq. ft.

Restaurants – Sit down (Indoor/Outdoor) 1 Space per 80 sq. ft. of indoor dining area only plus 1 space per 200 sq. ft. of outdoor dining
area only
Restaurants – with Drive-through 1 Space per 80 sq. ft. of indoor dining area only plus 1 space per 200 sq. ft. of outdoor dining
area only plus 6 stacking spaces before the
menu board
Coffee Shops 1 Space per 300 sq. ft.

Vehicle Repair, Services, & Sales
Fueling Stations 1 Space per service bay, plus 1 Space per 250 sq. ft.

Self-service vehicle washing 2 Spaces per washing stall plus 1 Space for each vacuum bay
Item Number: 7.

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Full-service vehicle washing 10 Spaces, plus 10 spaces for each wash lane Auto Repair 3 Spaces for each service bay
Auto Dealer 1 Space for every 200 sq. ft., plus 1 space per 1,000 sq. ft. of outdoor display & service area,
plus 1 space per 300 sq. ft. for parts department
Visitors
Hotel, Motel, Glamping 1 Space for each room, plus 1 space for every 200 sq. ft. of entertainment area, plus 1 per
employee
Bed & Breakfast 1 Spaces for each room, plus 1 per employee Institutions
Medical and Dental Clinics 1 Space per 200 sq. ft.

Hospitals 1 Space for each patient bed
Elementary and Intermediate Schools, Public
or Private
5 Spaces, plus 1 for each classroom
High School, College, Trade School, or Similar
Institutions
1 Space for each ten students, plus 1 for each
classroom
Industrial Uses
Warehouse and Storage 1 Space per 1,000 sq. ft.

Wholesaling and Distribution 1 Space per 500 sq. ft
Manufacturing (workshops) 1 Space per 500 sq. ft.

Recycling Facilities 1 Space per 300 sq. ft., plus 1 space per 5,000 sq. ft. of yard area
Data Centers 1 Space per 500 sq. ft.

Storage, self-storage/personal storage facilities 4 Spaces for manager/caretaker office Cannabis Uses
Store Front Retail 1 Space per 250 sq. ft.

Non-Storefront Retail 1 Space per 750 sq. ft.

Cultivation, Testing, Distribution 1 Space per 2,500 sq. ft Manufacturing 1 Space per 750 sq. ft.

Office and Ancillary Uses 1 Space per 250 sq. ft.

Notes:

1. The number of beds used in the calculation shall match the resident capacity of the home as listed on the required license or permit.

2. Parking areas for boarding stables should be treated to prevent dust and designed to provide for the needs of customers and employees.

C. Valet Parking - Valet parking is subject to review and approval either at the time the predominant use is approved through the Review Authority with insurance provisions or later Item Number: 7.

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as a specific item by the Community Development Director. Existing commercial uses utilizing valet parking must have an approved valet parking plan which includes provisions for insurance for the patrons to the satisfaction of the Community Development Director.

D. In-Lieu Parking Payments – In commercial districts, parking spaces required by the provisions of this chapter may be satisfied by the payment of a fee per parking space to the off-street parking fund of the City prior to issuance of a building permit provided that the property is within an established parking district. Funds placed into the off-street parking fund pursuant to the provisions of this chapter shall be used exclusively for the purpose of acquiring and developing off-street parking facilities, limited insofar as practicable to the general vicinity of the premises for which in-lieu payments were made. The payment shall be in an amount set forth by Council resolution.

E. Clean Air Vehicle Parking is required by Title 24, Part 11 (CALGreen) of the California Building Code.

F. Transit Parking – Parking requirements may be reduced, AB 2097 amended Government Code Section 65863.2
G. Joint Use Parking – Dual use of parking may be allowed where the operating hours of the uses involved do not overlap. Joint use of parking shall not exceed 50 percent of the required spaces of any uses involved. The agreement for joint use shall be in the form of a recorded covenant and shall be acceptable to the City attorney. The approval for the joint use can be granted only by the Commission and shall apply to Commercial, Visitor-Serving, Public, Industrial, and Mixed-Use zoning districts.

17.48.060 Accessibility Parking Requirements.

Accessibility parking requirements shall be designed in a manner consistent with the standard drawings approved by the State Requirements of the Building Code.

17.48.070 Design standards.

A. Access – The following requirements shall govern access to off street parking facilities:

1. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. This does not apply to the residential projects.

2. No parking space shall be located so that a vehicle will maneuver within 20 feet of a vehicular entrance measured from the property line.

Item Number: 7.

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3. A common driveway may be granted with access for adjoining multi-family uses.

B. Commercial Vehicle Parking – No commercial vehicle exceeding eight (8) feet in height and/or 20 feet in combined total length, or towed equipment, shall park between the hours of 6:00 p.m. and 6:00 a.m. on private property or public rights-of-way in residentially designated areas, unless the vehicle or vehicles are screened from public view and adjacent properties and is subject to the approval of the Director. This prohibition shall not apply to construction sites during the construction process or to vehicles in the process of making delivery or pickup.

C. Dimensional Requirements

1. A minimum unobstructed inside dimension of 20 feet by 20 feet shall be maintained, for a private 2-car garage or carport. The minimum unobstructed ceiling height shall be seven (7) feet, six (6) inches.

2. Parking structures may be subject to dimensional adjustments based on utilization (i.e., public or private garage with or without an attendant), but in no case shall the stall width be less than 9 feet. Reductions in design standards shall be subject to approval by the Director.

3. Minimum parking dimensions shall be as indicated in the following tables.

A B C D E F
0° 9′0″ 9.0 15.0 23.0 —
9′6″ 9.5 15.0 23.0 —
10′0″ 10.0 15.0 23.0 —
30° 9′0″ 17.3 15.0 18.0 41.8
9′6″ 17.8 15.0 19.0 42.4
10′0″ 18.2 15.0 20.0 42.7
45° 9′0″ 19.8 15.0 12.7 48.3
9′6″ 20.1 15.0 13.4 48.5
10′0″ 20.5 15.0 14.1 48.9
60° 9′0″ 21.0 18.0 10.4 55.5
9′6″ 21.2 18.0 11.0 55.6
10′0″ 21.5 18.0 11.5 56.0
75° 9′0″ 18.0 21.0 18.5 57.9
9′6″ 18.5 21.0 19.0 58.2
10′0″ 19.2 21.0 19.5 58.0
Item Number: 7.

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90° 9′0″ 19.0 24.0 9.0 —
9′6″ 19.0 24.0 9.5 —
10′0″ 19.0 24.0 10.0 —
D. Residential

1. Driveways
a. Limitation of Paved Surface – Paved surface shall be limited to 50% of the front yard. Parking areas are required to be continuously paved starting from vehicle entry point (commonly known as driveway) and shall extend to all approved parking area. No more than two (2) vehicle entry points or driveways are allowed per parcel. Vehicle entry points shall conform with all applicable engineering requirements.
b. Driveways for a detached & attached 2-car garage shall have a minimum width of 20 feet and minimum length of 20 feet measured from inside the sidewalk or apron to the front of the garage. All minimum setbacks shall also be met. c. Driveways for any additional garages will require approval by the City Engineer. d. The width of a driveway and any paved area shall not cumulatively exceed 40% of the width of the lot’s street frontage on which the driveway and any paved area faces. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways the paved area of these driveways shall not exceed 50% of the front building setback area.
e. A residential driveway providing direct access to a garage shall be maintained free and clear of all obstructions for its entire width.
f. Parking in residential land use districts, shall occur as follows:
i. Motor vehicles are to be parked in areas constructed for vehicles (i.e., garage, carport, or paved driveway) and shall not be parked or stored in other portions Item Number: 7.

Page 31 of 239 ends

of the front yard, particularly not on what is commonly referred to as the front lawn (yard). Special circumstances to accommodate additional parking will be at Director’s discretion.
ii. Parallel parking spaces shall be eight (8) feet wide by twenty-four (24) feet long. The length may be reduced to 18 feet, if a six (6) foot separation (no parking) is provided between every two (2) spaces.
iii. Parking only (No Structure) may occur in the front setback with a minimum of five (5) feet landscape buffer from the property line.

E. Location of Parking Area

1. Parking shall be located within 150 feet from the dwelling unit (front or rear door) of the use which they are intended to service.

2. All parking spaces shall be located on the same parcel as the structure or use, unless approved otherwise by the Approving Authority.

F. Recreational Vehicle Parking

1. Recreational vehicle (Limit 2) may only be parked on a residential lot on the side of a dwelling unit and shall be screened to a height of six (6) feet from view from any public or private right-of-way behind the front façade of the main dwelling or, in the case of a corner lot, behind each facade facing each street or right-of-way.

2. Recreational vehicles may be temporarily parked on public or private rights-of-way in front of residences for not more than 48 continuous hours for the purposes of loading and unloading. Forty-eight hours must elapse before the start of a new 48-hour period.

3. Recreational vehicles expressly specified and allowed under this subsection shall be kept, stored, screened and parked in portions of the side yard area in any residential land use district, particularly not in the front yard. All vehicles stored shall be parked on paved surfaces per section 17.48.030 (F)
G. Tandem Parking- The Director may approve an off-street parking program utilizing limited tandem parking for commercial, public, institutional, and industrial uses provided that the development requires 150 or more parking spaces, with no more than a maximum of 10% of the total number of spaces designated as tandem and an attendant is on duty during the normal hours that the commercial/industrial development is open for business.

H. Lighting- Parking lighting is not always required; however, if lighted parking areas are required parking areas, such lighting fixtures shall be located, with provided shields and adjusted, to preclude the direct spillage/glare onto adjacent properties and street.

I. Maintenance- All required parking facilities shall be permanently maintained, free of litter Item Number: 7.

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and debris, and may be posted for parking purposes only.

17.48.080 Off Street Loading Standards
A. Off-Street loading requirements – Every hospital, institution, hotel, motel, commercial, or industrial building hereafter erected or established shall have and maintain loading spaces as provided subject to the following standards:

1. Each loading berth shall not be less than 45 feet in length and 12 feet in width exclusive of aisle or maneuvering space and shall have an overhead clearance of not less than 14 feet.

2. Such space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than 50 feet to any lot in any residential zone unless enclosed on all sides except the entrance by a wall not less than eight (8) feet in height.

3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward.

4. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley.

5. Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion.

6. The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys.

7. Bumper rails shall be provided at locations where needed for safety or to protect property.

8. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare.

9. No repair work or servicing of vehicles shall be conducted in a loading area.

Item Number: 7.

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10. Off-street loading facilities shall be located on the same site with the use for which the berths are required.

11. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this title for each use. Where the gross floor area of each use is below the minimum requirement, the aggregate gross floor area should be used to determine the number of off-street loading berths and should be applied to the use requiring the greatest number of loading berths.

12. At the time of initial occupancy, major alterations or enlargement of a site or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement.

13. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.

14. Loading space being maintained in connection with any main building existing on the effective date of the ordinance codified in this chapter shall thereafter be maintained so long as the building remains, unless an equivalent number of such spaces are provided on a contiguous lot in conformity with the requirements of this chapter; however, this regulation shall not require the maintenance of such space for any type of main building other than those specified above.

15. No loading space which is provided for the purpose of complying with the provisions of this title shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this title.

B. Loading spaces required – Table below identifies how many loading spaces are required for all hospitals, institutions, hotels, motels, and commercial and industrial uses.

Item Number: 7.

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Total Square Footage of Building Space
(gross floor area)
Loading Spaces Required
Commercial & Industrial Buildings
Less than 6,000 sq. ft 0
6,000–15,000 sq. ft. 1
15,001–40,000 sq. ft. 2
40,001 sq. ft. and over 3
Hotels and motels 1
Hospitals & Institutions
10,000–50,000 sq. ft. 1
50,001–100,000 sq. ft. 2
100,001 sq. ft. and over 3
Item Number: 7.

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Chapter 17.20 OPEN SPACE

17.20.010 Purpose.

17.20.020 Development permitted and conditionally pPermitted uses.

17.20.030 Open Space Zoning District development standards.

17.20.040 Open Space District specific standards.

17.20.0450 Park system development standards.

17.20.0560 Applicable regulations.

17.20.010 Purpose.

A. The purpose of this chapter is to achieve the following:

1. Encourage the provision of parks and recreation through flexible development standards;

2. Protect, preserve, and manage natural resources;

3. Protect public outdoor recreation areas from nonconforming uses;

4. Protect the public health and safety;

5. Preserve scenic viewsheds and prevent view blockage;

6. Reflect the needs of the community each park serves and locate recreational areas in close proximity to residential areas;

7. Create a multi-user park and trail system which meets basic human needs, is efficient and compliments land uses harmonious, i s ecologically sound, and can balance cost and revenues over time.

B. The purpose of the individual Open Space districts is as follows:

1. Open Space -/ConservationMountain Reserve (OS-/CMR). This district applies to public and quasi-public owned or private lands that have been set aside for conservation or pursuant to the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP). This district is intended to protect lands and ecosystems by preserving natural resources, and habitats, and drainage systems. Pedestrian access should be avoided within sensitive habitat areas.

2. Open Space -/ - RecreationParks (OS-/RPP). The purpose of this district is to provide for the continuation and enhancement of existing public parks and development of new parks and recreation facilities, as well as detention basins and drainage areas.

3. Open Space -/ Private Open Space (OS-/PV). This district is to provide recreational opportunities and preserve open space located within private developments.

4. Open Space/Floodways (OS/FW). (Prior code § 159.10.010)

17.20.020 Development permitted and conditionally permitted uses.

Item Number: 7.

Page 36 of 239 ends

Table 17.20.01 represents those uses in the open space land use districts which are subject to permit review and approvals. They include: “Permitted Uses” (P) requiring zoning review; “Administrative Use Permit (AUP) requiring an Administrative Use Permit Allowed Uses” (D) requiring Development Plan Permit; “Conditional Uses Permit” (CUP) requiring a Conditional Use Permit; “Temporary Use” (TUP) requiring a Temporary Use Permit; and “Prohibited” (-X), not permitted in the district. Table 17.12.01 lists the uses permitted in each of the commercial and visitor-serving districts utilizing the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.
“TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.

B. The organization and numerical ordering of Table 17.20.01 is based on the Standard Industrial Classification System as defined in Section 17.04.050 of this Zoning Ordinance. It is not expected that the range of uses set forth below is all inclusive. Cases of uncertainty regarding whether a particular land use is permitted and by what process, shall be determined by the Director.

TABLE 17.20.01

PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY, AND TEMPORARILY PERMITTED USES – OPEN SPACE DISTRICTS

OS-/C OS-/R OS-/P
Agriculture and animal keeping
Aviary and apiary - CUP CUP
Botanical garden - P P
Stables, private - - P
Stables, public - CUP CUPP
Wildlife refuge P P P
Zoo - CUP CUP
Recreational
Athletic fields - P P
Educational, recreational facilities CUP- P P
Item Number: 7.

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(aquariums, etc.)
Golf course - CUP P
Museum/Cultural Center/Nature Center CUP- P P
Playgrounds and picnic areas P- P P
Retail store ancillary to a recreational
use (snack bars, etc)
- P P
Sports courts (Tennis, Pickleball,
Handball, Bocce Ball, etc.)
- P P
Swimming pool - P P
Trails and trailhead facilities P P P
Other
Antennae/satellite dishes AUP- P P
Caretaker’s residence AUP- P P
Parking lots, public AUP- P P
Utility facilities AUP AUP AUP
Schools - PCUP PCUP
Temporary U ses TUP TUP TUP

OS/MR OS/PP OS/PV OS/FW
Agriculture and animal keeping
Aviary and apiary X C C X
Botanical garden X D D X
Stables, private X P X
Stables, public X P X
Wildlife refuge P P X
Zoo X C X
Recreational
Athletic fields X P D D
Educational recreational
facilities (aquariums, etc.) C D D X
Golf course X D D D
Museum C P D X
Playgrounds and picnic
areas

D P P D
Retail store ancillary to a
recreational use

C D D X
Sports courts X P D D
Swimming pool X P D D
Tennis courts X P D D
Trails P P P P
Other
Antennae/satellite dishes C C C C
Caretaker’s residence C D D X
Parking lots, public D P P D
Utility facilities C C C C
Item Number: 7.

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Schools C C C X
Temporary uses Requires Temporary Use Permit
(Prior code § 159.10.020)

17.20.030 Open Space Zoning District development standards.

The following standards are minimum unless stated as maximum. The standards shall apply to all development, except as otherwise provided for in this Zoning Ordinance:

A. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses shall be approved during site plan review.

The wall and gate shall be designed in compliance with City Standards.architecturally compatible with the surrounding structures. Utility lines, flagpoles, and similar structures are exempt from this provision.

D. All mechanical equipment should be screened f r o m p u b l i c v i e w in a manner which is architecturally integrated with the main structure. Vents, ducts, chimneys, and steeples shall be exempt from this provision.

E. Elevations of all buildings shall be architecturally treated to ensure compatibility with neighboring buildings.

F. Outdoor paging systems shall be prohibited.

G. All development shall incorporate alternative transportation and transit into its site planning.

Page 39 of 239 ends

facilities, bus stops and shelters. (Prior code § 159.10.030(1))

17.20.040 Open Space District specific standards.

The following special standards shall apply to the Open Space Zoning District. For residential uses in the Open Space Zoning District, see Table 17.08.02, Residential District Development Standards, and the standards contained in Sections 17.08.030 through 17.08.210. (Prior code § 159.10.030(2))

17.20.0450 Park system development standards.

1. Community Parks. Should be located near residential areas and accessible to the entire community.

2. Neighborhood Parks and Urban Parks. Should be located near neighborhoods planned for intense development.

3. Mini-parks. Should be located inside a neighborhood with close proximity to heavily populated areas especially those areas with a majority of multifamily dwellings. Mini-parks are most often constructed within projects or subdivisions.

B. Standards for Parks.

1. The following table describes the City’s standards for parks.

TABLE 17.20.02

STANDARDS FOR RECREATION AREAS
Type of Park Area Acres/1,000 Pop.

2. In addition, the following development standards shall apply:

Item Number: 7.

Page 40 of 239 ends

a. The minimum setback for all buildings and structures shall be:
i. Adjacent to residential uses: 20 feet.
ii. Adjacent to any other zone or use: 10 feet.

This requirement shall not apply to mini-parks. In addition, variations to setback requirements will be considered through an application for a Conditional Use Permit, pursuant to Chapter

17.76, Conditional Use Permits.

C. Recreational Area Development.

1. Parkland facilities within the City shall be developed at a minimum rate of 5 acres/1,000 population.

Sensitive areas and appropriate buffers shall be incorporated into the development plan. b. Trail Development. Trails are an important aspect of the City’s transportation system, providing direct access to and linkage with existing and future recreational areas. Areas that are not developable for structures may be adaptable for trail development. Such areas can include geologically hazardous grounds, wildlife corridors, floodways, and utility easements.

TABLE 17.20.03

Page 41 of 239 ends

Cross slope 2% maximum 2% maximum 2% maximum 2% maximum Low Use and Natural Area Standards
Item Multi-User Hiking Only
Mountain
Bicycle
Only
Equestrian Only
(Foothill and
Mountain
Areas)
Minimum width
(one- way) 6 – 8 feet 2 feet 2 feet 6 feet
Minimum width
(two- way) 8 – 10 feet 2 feet 4 feet 8 feet
Surface
Firm all-weather
and unobstructed Minimize erosion Minimize erosion Minimize erosion Shoulder 2 feet minimum 2 feet minimum 2 feet minimum 2 feet minimum Vertical clearance 10 feet 8 feet 8 feet 12 feet
Cross slope 3% maximum 3% maximum 3% maximum 3% maximum (Prior code § 159.10.030(2)(A) and (B))

17.20.0650 Applicable regulations.

All uses developed in the Open Space Districts shall be subject to the applicable regulations of this Zoning Ordinance. Development standards and design guidelines shall conform in accordance with the type of use being proposed to the use district development standards relevant to that use.to Sections

17.12.030 through 17.12.240 and Sections 17.12.260 through 17.12.370. (Prior code § 159.10.040) Item Number: 7.

Page 42 of 239 ends

5/31/23, 2:26 PM Chapter 17.20 OPEN SPACE
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_20?view=all 1/6 Desert Hot Springs, California Municipal Code
Title 17 ZONING
Chapter 17.20 OPEN SPACE

17.20.010 Purpose.

17.20.020 Development permitted and conditionally permitted uses.

17.20.030 Open Space Zoning District development standards.

17.20.040 Open Space District specific standards.

17.20.050 Park system development standards.

17.20.060 Applicable regulations.

17.20.010 Purpose.

A. The purpose of this chapter is to achieve the following:

1. Encourage the provision of parks and recreation through flexible development standards;

2. Protect, preserve, and manage natural resources;

3. Protect public outdoor recreation areas from nonconforming uses;

4. Protect the public health and safety;

5. Preserve scenic viewsheds and prevent view blockage;

6. Reflect the needs of the community each park serves and locate recreational areas in close proximity to residential areas;

7. Create a multi-user park and trail system which meets basic human needs, is efficient and harmonious, ecologically sound, and can balance cost and revenues over time.

B. The purpose of the individual Open Space districts is as follows:

1. Open Space/Mountain Reserve (OS/MR).

2. Open Space/Parks (OS/PP). The purpose of this district is to provide for the continuation and enhancement of existing public parks and development of new parks and recreation facilities.

3. Open Space/Private Open Space (OS/PV).

Item Number: 7.

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5/31/23, 2:26 PM Chapter 17.20 OPEN SPACE
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_20?view=all 2/6

4. Open Space/Floodways (OS/FW). (Prior code § 159.10.010)

17.20.020 Development permitted and conditionally permitted uses.

A. Table 17.20.01 represents those uses in the open space land use districts which are subject to permit review and approvals. They include: “Permitted Uses” (P) requiring zoning review; “Allowed Uses” (D) requiring Development Plan Permit; “Conditional Uses Permit” (C) requiring a Conditional Use Permit; “Temporary Use” (T) requiring a Temporary Use Permit; and “Prohibited” (X), not permitted in the district.

TABLE 17.20.01

PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES

C D D X
Golf course X D D D
Museum C P D X
Playgrounds and picnic areas D P P D
Retail store ancillary to a recreational use C D D X
Sports courts X P D D
Swimming pool X P D D
Tennis courts X P D D
Item Number: 7.

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5/31/23, 2:26 PM Chapter 17.20 OPEN SPACE
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_20?view=all 3/6 Trails P P P P
Other
Antennae/satellite dishes C C C C
Caretaker’s residence C D D X
Parking lots, public D P P D
Utility facilities C C C C
Schools C C C X
Temporary uses Requires Temporary Use Permit
(Prior code § 159.10.020)

17.20.030 Open Space Zoning District development standards.

The following standards are minimum unless stated as maximum. The standards shall apply to all development, except as otherwise provided for in this Zoning Ordinance:

A. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses shall be approved during site plan review.

D. All mechanical equipment should be screened in a manner which is architecturally integrated with the main structure. Vents, ducts, chimneys and steeples shall be exempt from this provision.

E. Elevations of all buildings shall be architecturally treated to ensure compatibility with neighboring buildings.

F. Outdoor paging systems shall be prohibited.

Item Number: 7.

Page 45 of 239 ends

5/31/23, 2:26 PM Chapter 17.20 OPEN SPACE
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_20?view=all 4/6 G. All development shall incorporate alternative transportation and transit into its site planning.

17.20.040 Open Space District specific standards.

17.20.050 Park system development standards.

A Types of Parks.

1. Community Parks. Should be located near residential areas and accessible to the entire community.

2. Neighborhood Parks and Urban Parks. Should be located near neighborhoods planned for intense development.

B. Standards for Parks.

1. The following table describes the City’s standards for parks.

TABLE 17.20.02

STANDARDS FOR RECREATION AREAS
Type of Park Area Acres/1,000 Pop.

Ideal Site
Size/Minimum
Radius Served
Mini-parks 0.25 - 0.5 1 AC./0.5 acres <0.25 miles
Neighborhood parks,
urban parks,
playgrounds

1.0 - 2.0 15 acres 0.25 - 0.5 miles
Playfields, community
parks

5.0 - 8.0 25 acres 1.0 - 2.0 miles

2. In addition, the following development standards shall apply:

Item Number: 7.

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5/31/23, 2:26 PM Chapter 17.20 OPEN SPACE
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_20?view=all 5/6 a. The minimum setback for all buildings and structures shall be:
i. Adjacent to residential uses: 20 feet.
ii. Adjacent to any other zone or use: 10 feet.

C. Recreational Area Development.

1. Parkland facilities within the City shall be developed at a minimum rate of 5 acres/1,000 population.

TABLE 17.20.03

TRAIL STANDARDS
Urban Standards (Maximum Accessibility)
Item
Bicycle +
Pedestrian
Bicycle Only Hiking Only Equestrian Only
Minimum width (oneway)
10 feet 5 feet 5 feet 8 feet
Minimum width (twoway)
12 feet 8 – 10 feet 8 – 10 feet 10 feet
Surface hardened
Hardened (e.g.,
asphalt)
Hard-packed (e.g.,
asphalt)
Hard-packed (no
paving)
No paving
Shoulder 2 feet minimum 2 feet minimum 2 feet minimum 2 feet minimum Vertical clearance 12 feet 10 feet 10 feet 12 feet
Item Number: 7.

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5/31/23, 2:26 PM Chapter 17.20 OPEN SPACE
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_20?view=all 6/6 Cross slope 2% maximum 2% maximum 2% maximum 2% maximum Low Use and Natural Area Standards
Item Multi-User Hiking Only
Mountain Bicycle
Only
Equestrian Only
(Foothill and
Mountain Areas)
Minimum width (oneway)
6 – 8 feet 2 feet 2 feet 6 feet
Minimum width (twoway)
8 – 10 feet 2 feet 4 feet 8 feet
Surface
Firm all-weather and
unobstructed
Minimize erosion Minimize erosion Minimize erosion
Shoulder 2 feet minimum 2 feet minimum 2 feet minimum 2 feet minimum Vertical clearance 10 feet 8 feet 8 feet 12 feet
Cross slope 3% maximum 3% maximum 3% maximum 3% maximum (Prior code § 159.10.030(2)(A) and (B))

17.20.060 Applicable regulations.

All uses developed in the Open Space Districts shall be subject to the applicable regulations of this Zoning Ordinance. Development standards and design guidelines shall conform to Sections 17.12.030 through 17.12.240 and Sections 17.12.260 through 17.12.370. (Prior code § 159.10.040) Contact:

City Clerk: 760-329-6411 – Ext. 107, Email: [email protected] Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

Item Number: 7.

Page 48 of 239 ends

Chapter 17.24 PUBLIC AND INSTITUTIONAL USE DISTRICTS
Sections:

17.24.010 Purpose.

17.24.020 Development permitted and conditionally pPermitted uses.

17.24.030 Public uses zoning district dDevelopment standards.

17.24.040 Applicable regulations.

17.24.010 Purpose.

The purpose of this chapter is to provide for lands designated for ppublic/quasi-public and institutional uses on the Zoning Map. The public uses designation applies to institutional uses, including fire and police stations, public schools, colleges, libraries post offices, government service facilities, and public utility and infrastructure facilities. This Zoning Ordinance also allows for schools as a conditionally permitted use in all residential districts. (Prior code § 159.12.010)

17.24.020 Development permitted and conditionally pPermitted uses.

A. Table 17.24.01 represents those uses in the Public Use districts which are subject to permit review and approvals. They include: “Permitted Uses” (P) requiring zoning review; “Allowed Uses” (D) requiring Development Plan Permit; “Conditional Uses Permit” (CUP) requiring a Conditional Use Permit; “Administrative Use Permits” (AUP)”requiring an Administrative Use Permit, “Temporary Use Permit” (TUP) requiring a Temporary Use Permit; and “Prohibited” (- X), not permitted in the district.

A. Table 17.24.01 lists the uses permitted in the Public Use districts using the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.

TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.

Item Number: 7.

Page 49 of 239 ends

B. B The organization and numerical ordering of Table 17.24.01 is based on the Standard Industrial Classification System as defined in Section 17.04.050 of this Zoning Ordinance. It is not expected that the range of uses set forth below is all inclusive. Cases of uncertainty regarding whether a particular land use is permitted and by what process, shall be determined by the Director.

TABLE 17.24.01

PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED, ADMINISTRATVELY PERMITTED, AND TEMPROARILY PERMITTED USES – PUBLIC USE

AND INSTITUIONAL DISTRICTS
Use
Public and Institutional and Related
Facilities
Schools, Public P
Schools, Private CUP
Office, Business and Professional P
Public Assembly Facilities P
Library, Public P
Museums P
Theaters, Performance Halls (Public) Pp
Community/Senior Center P
Accessory Structures P
Public Safety
Police Station P
Fire Station P
Ambulance Fleet P
Recreation
Parks, Public P
Athletic or Sports Field P
Stage and Amphitheatre CUP
Snack Bar P
Residential
Caretaker’s Residence P
Transportation, Communication,
and Infrastructure Uses
Car Sharing – Parking AUPP
Parking Facility, Public P
Vehicle Storage AUP
Vehicle Service, Minor AUP
Utility Facilities – Staffed P
Utility Facilities – Unstaffed P
Wireless Communication Facility -
Minor
AUP
Item Number: 7.

Page 50 of 239 ends

Wireless Communication Facility -
Major
CUP
Wireless Communication Facilities –
Satellite Dish Antenne
P
Other
Corporate Yards P
Maintenance Facilities P
Animal Boarding/Kennels AUPP
Farmer’s Market (Permanent) AUP
Temporary Uses TUP
TABLE 17.24.01

PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES Schools and Related Facilities

P/F P/S P/PO P/U
Schools X D X X
Athletic or sports
fields

X D X X
Accessory
structures

D D D D
Recreation
Commercial
recreation areas

X C C X
Parks, public P P P P
Lodging and Residential
Fraternity or
sorority house

X C X X
Caretaker’s
residence

D D D D
Other
Antennae/satellite
dishes

C C C C
Item Number: 7.

Page 51 of 239 ends

Vehicle storage
and repair
facilities

C C C C
Day care center C C C X
Library, public or
private

X D X X
Museums C C C X
Parking lots,
public

P P P P
Temporary uses Requires Temporary Use Permit
(Prior code § 159.12.020)

17.24.030 Public uses zoning district dDevelopment standards.

The following standards are minimum unless stated as maximum, except as otherwise provided for in this Zoning Ordinance:

The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.designed in compliance with City Standards.

B. All mechanical equipment should be screened from public view in a manner which is architecturally integrated with the main structure. Vents, ducts, chimneys and steeples shall be exempt from this provision.

C. Elevations of all buildings shall be architecturally treated.

D. Outdoor paging systems shall not exceed 65 dBA at the property line.

Page 52 of 239 ends

Standards). Transit facilities shall be reviewed with SunLine Transit, to determine need and location for commuter facilities, bus stops and shelters,.vVehicle charging stations, bicclebicycle parking, and pedestrian access to transit stops shall be required where feasible.

E.F. When abutting residential development, landscaping and walls shall be integrated as barriers for the development(s).

TABLE 17.24.02

PUBLIC AND INSTITUIONAL USE DEVELOPMENT

STANDARDS
Front Setback 1025 Feet
Rear Setback 10 Feet
Side Setback Each 10
Side Setback (Street Side) 10 Feet
Maximum Lot Coverage 50%
Maximum Structure Height (Feet) 30*
Maximum Floor Area Ratio 0.60
* Gymnasiums, auditoriums, pools and athletic field grandstands are exempt from the height limit of 30 feet.
(Prior code § 159.12.030)

17.24.040 Applicable regulations.

All uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to Chapters 17.64 through 17.140, Administration Provisions. Development guidelines for all structures shall conform to Sections 17.12.260 through 17.12.370, commercial design guidelines. (Prior code §159.12.040)
Item Number: 7.

Page 53 of 239 ends

17.24.010 Purpose.

17.24.020 Development permitted and conditionally permitted uses.

17.24.030 Public uses zoning district development standards.

17.24.040 Applicable regulations.

17.24.010 Purpose.

The purpose of this chapter is to provide for lands designated for public uses on the Zoning Map. The public uses designation applies to institutional uses, including fire stations, schools, post offices, and public utility facilities. This Zoning Ordinance also allows for schools as a conditionally permitted use in all residential districts. (Prior code § 159.12.010)

17.24.020 Development permitted and conditionally permitted uses.

A. Table 17.24.01 represents those uses in the Public Use districts which are subject to permit review and approvals. They include: “Permitted Uses” (P) requiring zoning review; “Allowed Uses” (D) requiring Development Plan Permit; “Conditional Uses Permit” (C) requiring a Conditional Use Permit; “Temporary Use” (T) requiring a Temporary Use Permit; and “Prohibited” (X), not permitted in the district.

B. The organization and numerical ordering of Table 17.24.01 is based on the Standard Industrial Classification System as defined in Section 17.04.050 of this Zoning Ordinance. It is not expected that the range of uses set forth below is all inclusive. Cases of uncertainty regarding whether a particular land use is permitted and by what process, shall be determined by the Director.

TABLE 17.24.01

PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES

P/F P/S P/PO P/U
Schools and Related Facilities
Schools X D X X
Athletic or sports fields X D X X
Item Number: 7.

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5/31/23, 2:27 PM Chapter 17.24 PUBLIC USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_24?view=all 2/3 Accessory structures D D D D
Recreation
Commercial recreation areas X C C X
Parks, public P P P P
Lodging and Residential
Fraternity or sorority house X C X X
Caretaker’s residence D D D D
Other
Antennae/satellite dishes C C C C
Vehicle storage and repair facilities C C C C
Day care center C C C X
Library, public or private X D X X
Museums C C C X
Parking lots, public P P P P
Temporary uses Requires Temporary Use Permit
(Prior code § 159.12.020)

17.24.030 Public uses zoning district development standards.

The following standards are minimum unless stated as maximum, except as otherwise provided for in this Zoning Ordinance:

A. Every parcel with an occupiable structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted City standards and be of sufficient size to accommodate the trash generated by the use. The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 5 feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

B. All mechanical equipment should be screened in a manner which is architecturally integrated with the main structure. Vents, ducts, chimneys and steeples shall be exempt from this provision.

C. Elevations of all buildings shall be architecturally treated.

D. Outdoor paging systems shall not exceed 65 dBA at the property line.

Item Number: 7.

Page 55 of 239 ends

5/31/23, 2:27 PM Chapter 17.24 PUBLIC USE DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_24?view=all 3/3 E. All public use development shall incorporate alternative transportation and transit into its site planning. Alternative transportation shall include pedestrian connections to adjacent land uses, bicycle lanes and parking facilities (in conformance to Chapter 17.48, Off-Street Parking Standards). Transit facilities shall be reviewed with SunLine Transit, to determine need and location for commuter facilities, bus stops and shelters.

TABLE 17.24.02

PUBLIC USE DEVELOPMENT STANDARDS
Front setback 25 feet
Rear setback 10 feet
Side setback each 10 feet
Side setback (street side) 10 feet
Maximum lot coverage 50%
Maximum structure height (feet) 30*
* Gymnasiums, auditoriums, pools and athletic field grandstands are exempt from the height limit of 30 feet.
(Prior code § 159.12.030)

17.24.040 Applicable regulations.

City Clerk: 760-329-6411 – Ext. 107, Email: [email protected] Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

Item Number: 7.

Page 56 of 239 ends

17.48.010 Purpose.

17.48.020 Applicability.

17.48.030 General regulations.

17.48.040 Number of parking spaces required.

17.48.050 Handicapped parking requirements.

17.48.060 Design standards.

17.48.010 Purpose.

These regulations are intended to achieve the following:

A. To provide accessible, attractive, secure, properly lighted, and well-maintained and screened offstreet parking facilities.

B. To reduce traffic congestion and hazards.

C. To protect neighborhoods from the effects of vehicular noise and traffic generated by adjacent nonresidential land use districts.

D. To assure the maneuverability of emergency vehicles.

E. To provide appropriately designed parking facilities in proportion to the needs generated by varying types of land use. (Prior code § 159.24.010)

17.48.020 Applicability.

Every use hereafter inaugurated, and every structure hereafter erected or altered, shall have permanently maintained off-street parking areas pursuant to the following provisions. (Prior code § 159.24.020)

17.48.030 General regulations.

Item Number: 7.

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5/31/23, 9:15 AM Chapter 17.48 OFF-STREET PARKING STANDARDS https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_48?view=all 2/14 A. No structure or use shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this chapter.

B. The word “use” shall mean both the type and intensity of the use, and that a change in use shall be subject to all of the requirements of this chapter.

C. When a structure is enlarged or increased in excess of 25% of the floor area, or when a change in use creates an increase in the required amount of parking, additional parking spaces shall be provided in accordance with the provisions of this chapter. A parking study may be prepared examining the proposed use in light of available public off-street parking facilities which may result in a City-approved parking reduction program. If a study is not prepared, the required parking shall be provided.

D. Within the Palm Drive Commercial District, parking required by this chapter may be provided on-site or off-site within an established parking district lot or structure. Required parking within this area may be reduced by up to 20% by the review authority provided that off-site parking districts have been established and developed.

E. Requirements for uses not specifically listed herein shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the use, pursuant to Section 17.04.070(C) (Similar Uses Permitted).

F. In any residential land use district, a garage with a garage door shall be provided, and permanently maintained. Exceptions to the garage requirement shall be for apartments and affordable housing as determined by the Director.

G. Fractional space requirements shall be rounded up to the next whole space.

H. Required guest parking in residential land use districts shall be designated as such and restricted to the use of guests.

I. All parking, including recreational vehicle parking in residential land use districts, shall occur on paved areas. “Paved” means covered by concrete, asphalt, brick, pavers, or a similar material as approved by the Director.

J. Senior citizen apartments/congregate care parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens including, but not limited to, medical offices, shopping areas, bus stops, etc.

K. Parking in residential land use districts, shall occur as follows:

1. Motor vehicles are to be parked in areas constructed for vehicles (i.e., garage, carport or paved driveway) and shall not be parked or stored in other portions of the front or side street yard, particularly not on what is commonly referred to as the front lawn (yard).

Item Number: 7.

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5/31/23, 9:15 AM Chapter 17.48 OFF-STREET PARKING STANDARDS https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_48?view=all 3/14 Limitation on Amount of Paved Surface. It shall be unlawful for any person to pave with asphalt, cement or any other impervious surface on portions of the front or side street yard, particularly on what is commonly referred to as the front lawn (yard), in excess of the minimum driveway requirements as specified in Section 17.48.060(E) for providing primary access to the required number of parking spaces as specified in Section 17.48.040. “Paved” means covered by concrete, asphalt, brick, pavers, or a similar material as approved by the Director.

2. Parking or storing of commercial vehicles (including trailers) in residential districts for any length of time is prohibited except for pickups and deliveries. Any truck which has a length of 20 feet or less and which is used primarily as the owner’s personal means of transportation and which is licensed for a gross weight of not more than 12,000 pounds shall be excluded from the aforementioned restriction.

3. No motor vehicles other than those recreational vehicles expressly specified and allowed under this subsection shall be kept, stored or parked in any other portions of the rear or side yard area of any residential land use district, particularly not on what is commonly referred to as the back yard.
a. No more than 2 recreational vehicles (boats, trailers, campers, etc.) per dwelling unit may be parked or stored anywhere outside on any residential district or containing a residential use.

Parking of any recreational vehicles shall be in conformance to parking standards set forth in this subsection.
b. As a condition of approval of a tentative tract map, recreational vehicle parking (as regulated by this Zoning Ordinance) shall be prohibited in the driveway of private residences. (Ord. 676 11-20-18; prior code § 159.24.030)

17.48.040 Number of parking spaces required.

The following minimum number of parking spaces shall be provided for each use (where “sf” refers to square foot and “gfa” refers to gross floor area). The Planning Director shall have the authority to vary from the standards in this section for uses which represent special circumstances or for legal nonconforming uses.

USE NUMBER OF REQUIRED SPACES
Residential Uses
Mobile home parks 2 covered spaces within an enclosed garage, which may be tandem, and 1 uncovered guest space for each
unit
Multifamily residential
Studio and 1 bedroom 1.5 covered and 1 uncovered guest space for every 5 units
2 bedrooms 2 covered and 1 uncovered guest space for every 5 units
3 or more bedrooms 2.5 covered and 1 uncovered guest space for 5 units Item Number: 7.

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5/31/23, 9:15 AM Chapter 17.48 OFF-STREET PARKING STANDARDS https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_48?view=all 4/14

USE NUMBER OF REQUIRED SPACES
Planned residential developments, including singlefamily dwellings and condominiums2 covered spaces within an enclosed garage and 1 uncovered off-street guest parking space for every 5
units
Residential day care 2 spaces in addition to those required for primary residence
Senior citizen apartments 1 covered space for each unit, plus 1 uncovered space for 5 units for guest parking
Senior congregate care 0.75 covered space for each unit Single-family dwellings For new construction, 2 spaces within an enclosed garage
Sustainable newly-constructed single-family residential development that is within a registered Homeowners
Association (HOA)
2 spaces
Attached 2-car carport is allowed. Carport must be
architecturally compatible with the main structure, and carport layout shall not be tandem
Commercial Uses
Adult businesses 1 space for each 200 sf of gfa, plus 1 space for each employee
Bowling alley 3 spaces per lane, plus as required for incidental uses (i.e., pro shop, coffee shop, etc.)
Driving range 1 space per tee, plus the spaces required for additional uses on the site
Golf course 6 spaces per hole, plus as required for incidental uses (i.e., pro shop, bar, banquet room, etc.)
Miniature golf course 3 spaces per hole, plus as required for incidental uses (i.e., game room, food service, etc.)
Tennis/racquetball courts 3 spaces per court, plus as required for incidental uses RV parks 1 space for each recreational vehicle space
Theme/amusement parks, recreational parks, skating
rinks
Determined at project review
Video arcade/go carts 1 space per 200 square feet of area within enclosed structures, plus 1 space per 3 persons at maximum
capacity
Art/dance studio 1 space per employee, plus 1 space per 2 students at maximum capacity
Banks, savings and loans, financial 1 space for each 200 sf of gfa, plus 1 lane for each drive-up window and/or automatic teller machine with 6
vehicles per lane
Item Number: 7.

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USE NUMBER OF REQUIRED SPACES
Barber shop/beauty parlor 2 spaces for each barber chair; 3 spaces for each beautician station
Business/professional trade schools 1 space per 1.5 students Car wash—Self-service 2 spaces per stall, plus 2 space queuing lane in front of each stall
Car wash—Full service 1 space per every 3 employees on the maximum shift, plus reservoir capacity equal to 2 times the capacity of the washing operation
Commercial stables 1 space for each 5 horses boarded on-site Furniture/appliance stores 1 space for each 500 sf of gfa of sale floor display area, plus 1 space for each 2,500 sf of gfa of warehouse
storage
Health clubs 1 space for each 200 sf of gfa
Hotels/motels 1.1 space for each bedroom, plus requirements for related commercial uses, plus 1 space for each 50 sf of gfa of main assembly room, plus 2 spaces for
manager’s unit. For facilities visible from any freeway, on-site parking for “big rigs” shall be determined at
project review
Indoor retail concession mall 1 space for each 200 sf gfa, plus 1 space for each vendor
Lube-n-tune 1 space per bay, plus 1 space for each employee, plus 2 space queuing lanes for each bay
Multi-tenant auto-related facilities 1 space for each 200 sf of gfa, plus 1 space for each employee
Offices, general
gfa up to 2,000 sf 1 space for each 200 sf
2,001 to 7,500 sf 1 space for each 250 sf
7,501 to 40,000 sf 1 space for each 300 sf
40,001 sf and greater 1 space for each 350 sf
Office, medical/dental 10 spaces for first 2,000 sf, plus 1 space for each additional 175 sf over 2,000 sf
Office, conversions from single-family Determined at project review Restaurants, cafes, bars and other eating and drinking
establishments (gfa includes outdoor seating/eating
area)
1 space per 75 sf of gfa including indoor and outdoor
seating areas
Item Number: 7.

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USE NUMBER OF REQUIRED SPACES
Restaurants, with drive-up or drive-through facilities
(including outdoor seating areas)
1 space for each 100 sf of gfa, plus 1 lane for each
drive-up window with stacking space for 6 vehicles
before the menu board
Delicatessen/donut shop 1 space per 150 sf of gfa
Retail commercial 1 space for each 250 sf of gfa
Retail nursery/garden shop 1 space for each 500 sf of indoor display area, plus 1 space for each 2,500 sf of outdoor display area
Service stations 1 space for each pump island, plus 1 space for each service bay
Swap meet 1 space per 200 sf of gfa, plus 1 space per vendor space
Vehicle repair/garage 5 spaces, plus 1 space for each 200 sf of gfa Vehicle sales 1 space for each 400 sf of gfa for showroom and office, plus 1 space for each 2,000 sf of outdoor display area, plus 1 space for each 500 sf of gfa for vehicle repair, plus 1 space for each 300 sf of gfa for the parts
department
All other commercial uses 1 space for each 200 sf of gfa and not listed above Institutional Uses
Churches, conference meeting facilities, mortuaries,
theaters, auditoriums
1 space for each 5 fixed seats, or 1 space for each 35 sf of non-fixed seating area in the principal sanctuary,
conference space or auditorium, whichever is greater
Hospitals 1 space for each patient bed, plus 1/2 space for each patient bed for employees, or as determined at project
review
Libraries, museums, art galleries 1 space for each 300 sf of gfa Residential clubs, fraternity/sorority houses, rooming
houses and similar facilities with guest rooms
1 space for each 2 guest rooms
Retirement homes 1 space for each 1.5 living units
Sanitariums/nursing homes 1 space for each 6 beds, plus 1 space for each employee on the largest shift, plus space for each staff doctor
Schools
Nursery/pre-school 1 space for each staff member, plus 1 space for each 10 children
Elementary/junior high 2 spaces for each classroom
High school 7 spaces for each classroom
Item Number: 7.

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USE NUMBER OF REQUIRED SPACES
Community/college, university 10 spaces for each classroom Industrial Uses
Auto dismantling, junk yards, recycling centers 1 space for each 300 sf of gross building area, plus 1 space for every 10,000 sf of gross yard area
Mini-storage 7 spaces
Industrial warehousing 1 space per 750 sf of gfa
(Ord. 756 5-17-22; prior code § 159.24.040)

17.48.050 Handicapped parking requirements.

Handicapped parking requirements are established by the State of California. The parking standards contained in this section are identical to those established by the State at the time of the adoption of this Zoning Ordinance. Any change in the State’s handicapped parking requirements shall preempt the affected requirements in this section.

A. Handicapped parking for residential uses shall be provided at the rate of 1 space for each dwelling unit that is designed for occupancy by the handicapped.

B. Handicapped parking spaces shall be provided for all uses other than residential at the following rate, and shall provide auto and van accessibility.

Total Number of Parking Spaces
Provided
Number of Handicapped Parking Spaces
Required
1—25 1 van accessible
25—50 2, including 1 van accessible
51—75 3, including 1 van accessible
76—100 4, including 1 van accessible
101—150 5, including 1 van accessible
151—200 6, including 1 van accessible
201—300 7, including 1 van accessible
301—400 8, including 1 van accessible
401—500 9, including 2 van accessible
501+ 2%, including 3 van accessible
Item Number: 7.

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D. Handicapped parking spaces required by this section shall count toward fulfilling off-street parking requirements.

Figure 17.48.01
(Prior code § 159.24.050)

17.48.060 Design standards.

Off-street parking areas shall be provided in the following manner:

A. Access.

1. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The Director may approve exceptions for single-family homes and other residential projects.

2. No parking space shall be located so that a vehicle will maneuver within 20 feet of a vehicular entrance measured from the property line.

Item Number: 7.

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C. Dimensional Requirements.

1. Parking stalls shall be nonperpendicular whenever possible.

2. A minimum unobstructed inside dimension of 20 feet by 20 feet shall be maintained, for a private two-car garage or carport. The minimum unobstructed ceiling height shall be 7 feet, 6 inches.

3. Parking structures may be subject to dimensional adjustments based on utilization (i.e., public or private garage with or without an attendant), but in no case shall the stall width be less than 9 feet. Reductions in design standards shall be subject to approval by the Director.

4. Minimum parking dimensions shall be as indicated in the following table as illustrated by Figure

17.48.02. Figure 17.48.02

PARKING STANDARDS

A B C D E F
0° 9′0″ 9.0 15.0 23.0 —
9′6″ 9.5 15.0 23.0 —
10′0″ 10.0 15.0 23.0 —
20° 9′0″ 15.0 15.0 26.3 36.5
9′6″ 15.5 15.0 27.8 37.1
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30° 9′0″ 17.3 15.0 18.0 41.8
9′6″ 17.8 15.0 19.0 42.4
10′0″ 18.2 15.0 20.0 42.7
45° 9′0″ 19.8 15.0 12.7 48.3
9′6″ 20.1 15.0 13.4 48.5
10′0″ 20.5 15.0 14.1 48.9
60° 9′0″ 21.0 18.0 10.4 55.5
9′6″ 21.2 18.0 11.0 55.6
10′0″ 21.5 18.0 11.5 56.0
70° 9′0″ 21.0 19.0 9.6 57.9
9′6″ 21.2 19.0 10.1 58.2
10′0″ 21.2 19.0 10.6 58.0
80° 9′0″ 20.3 24.0 9.1 63.0
9′6″ 20.4 24.0 9.6 63.2
10′0″ 20.5 24.0 10.2 63.3
90° 9′0″ 19.0 24.0 9.0 —
9′6″ 19.0 24.0 9.5 —
10′0″ 19.0 24.0 10.0 —
A = Parking angle B = Stall width
C = Stall depth D = Aisle width
E = Curb length per car F = Center to center width of double row and aisle D. Drainage. All required off-street parking areas shall be designed so that surface water will not drain over any sidewalk, or adjacent property.

E. Driveways.

1. Commercial/Industrial/Multiple-Family Residential. Driveways providing ingress and egress to off-street parking spaces shall be a minimum width of 15 feet for a one-way driveway and 24 feet for a two-way driveway. City design specifications may require different standards which supersede these standards.

2. Single-Family Residential.

Item Number: 7.

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i. Driveways for an attached two-car garage shall have a minimum width of 18 feet and minimum length of 24 feet measured from inside the sidewalk or apron to the front of the garage. All minimum setbacks shall also be met.
ii. Driveways for an attached three-car garage shall have a minimum width of 24 feet and a minimum length of 24 feet measured from inside the sidewalk or apron to the front of the garage. All minimum setbacks shall also be met.
b. Detached Garage.
i. Driveways for a detached two-car garage shall be minimum width of 10 feet with a minimum 18 feet wide by 24 feet deep back-up area immediately adjacent to the garage door.
ii. Driveways for a detached three-car garage shall be a minimum width of 12 feet with a minimum 24 feet wide by 24 feet deep back-up area immediately adjacent to the garage door.

3. Attached Two-Car Carport
a. Driveways for an attached two-car carport shall have a minimum width of 18 feet and minimum length of 20 feet measured from the front property line to the front of the garage or two-car carport. All minimum setbacks shall also be met. (Architectural design elements for proposed two-car carports will be permitted to encroach into the front building setback to a maximum of 4 feet provided that the driveway accommodates for parking of a minimum of 2 vehicles).
b. Detached two-car carports within new sustainable single-family residential developments shall not be permitted.

F. Landscaping. A minimum of 15% of the net area of all surface parking areas shall be landscaped as follows:

1. Where parking areas adjoin a public right-of-way, a landscaped planting strip equal to the required yard setback shall be established and continuously maintained between the public right-ofway and parking area. Any planting, sign, or any other structure within safety sight distance of a driveway shall not exceed 30 inches in height.

2. Provisions shall be made to ensure that adequate pedestrian paths are provided throughout the landscaped areas. At least one 24-inch box tree for every 4 spaces shall be included in the development of the overall landscape program. The maximum spacing between trees in parking areas shall be 30 feet; however, appropriate clustering of trees may be permitted.

Item Number: 7.

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3. All areas in a parking lot not used for driveways, maneuvering areas, parking spaces, or walks, shall be permanently landscaped with suitable materials and permanently maintained, pursuant to a program submitted by the applicant and approved by the Director.

4. All landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. All landscaped areas shall be a minimum of 6 feet in width. Concrete mow strips at least 6 inches deep and 4 inches wide may be required to separate turf areas from shrub areas.

5. A permanent and automatic irrigation system shall be installed and permanently maintained in all landscaped areas. The system shall employ state-of-the-art water conservation technology and recognize differing irrigation needs of various plant materials.

6. The landscaping plan shall provide for a variety of plant materials, with an emphasis on native and other drought-tolerant species appropriate for the local environment, and shall include a legend showing common and botanical names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping.

7. To increase the parking lot landscaped area, a maximum of 2 1/2 feet of the parking stall depth may be landscaped in lieu of asphalt while maintaining the required parking dimensions. This overhang is in addition to the required yard setbacks.

G. Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety and that is consistent with all outdoor lighting standards of the City, including, without limitation, those set forth in Section 17.40.160. The minimum requirement for adequate illumination is 1 foot-candle, maintained across the surface of the parking area. Lighting shall be in scale with the height and use of the surrounding structures. Light poles and other similar freestanding structures used to house outdoor lighting in off-street parking facilities shall not exceed 18 feet in height. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way.

H. Location of Required Parking Spaces.

1. All parking spaces shall be located on the same parcel as the structure or use, unless approved otherwise by the review authority.

2. Off-street parking spaces for multifamily residential developments shall be located within 150 feet from the dwelling unit (front or rear door) for which the parking space is provided.

3. No parking space required by this chapter shall be located in the front, side or rear setback area of any land use district.

I. Maintenance. All required parking facilities shall be permanently maintained and free of litter and debris.

J. Parking Structures. All parking structures shall be landscaped as follows:

1. The parking structure shall have a continuous minimum 10-foot perimeter landscaping with vertical elements at least every 20 feet.

Item Number: 7.

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2. The entries and exits of the parking structure shall include a minimum 6-foot-wide landscaped median island and accent paving in the driveway.

3. Landscaped materials, excluding vertical element openings, shall be provided in planters and/or pots for 5% of the total surface deck area. The planters and/or pots shall be distributed throughout the top deck area, and perimeter of intermediate decks.

4. All landscaping shall be permanently maintained and automatically irrigated.

5. Lighting for the above ground deck shall be energy efficient, low level and directed so as not to spill beyond the surface deck. Lighting fixtures shall not exceed 4 feet in height.

K. Recreational Vehicle Parking—Residential.

1. A recreational vehicle may only be parked on a lot behind the front line of the house or, in the case of a corner lot, behind the front line facing each street or right-of-way, and shall be screened to a height of 6 feet from view from any public or private right-of-way.

2. Recreational vehicles may be temporarily parked on public or private rights-of-way in front of residences for not more than 48 continuous hours for the purposes of loading and unloading. Fortyeight hours must elapse before the start of a new 48-hour period, together with movement of the vehicle a distance of at least 500 feet.

L. Security. All parking facilities shall be designed, constructed and maintained with security as a priority to protect the safety of the users.

M. Screening. Commercial/industrial and public parking areas abutting residentially designated property shall have a 6-foot-high solid architecturally treated decorative masonry wall approved by the Director. All wall treatments shall occur on both sides.

N. Shading. All parking areas shall provide 25% permanent shading for parked vehicles. Any reasonable combination of shading methods can be utilized. If trees are used, they may not thereafter be trimmed so as to reduce the effectiveness of their shading ability.

O. Shared Parking. Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. (For example, if 1 use operates during evenings or weekdays only.) The applicant shall have the burden of proof for a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating his or her reasons for the requested parking reduction. Shared parking may only be approved if:

1. A sufficient number of spaces are provided to meet the greater parking demand of the participating uses;

2. Satisfactory evidence, as deemed so by the Director, has been submitted by the parties operating the shared parking facility, describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict between them; and Item Number: 7.

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3. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Director are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the commercial/industrial development.

P. Slope.

1. Parking areas shall be designed and improved with grades not to exceed a 5% slope.

2. Driveways shall have no grades exceeding 8% slope or as approved by the City Engineer.

Q. Striping. All parking spaces shall be striped in accordance with City requirements. The striping shall be maintained in a clear and visible manner. Applies to all zones.

R. Surfacing. All driveways and parking areas shall be surfaced with a minimum thickness of 3 inches of asphaltic concrete, concrete, or any City Engineer approved bituminous surfacing over a minimum thickness of 4 inches of an aggregate base material. An appropriate structural section of gravel or other material may be approved by the City Engineer and Director for storage areas of industrial uses, provided that toxic or hazardous materials are not located in such storage areas.

S. Tandem Parking. The review authority may approve an off-street parking program utilizing limited tandem parking for commercial and industrial uses provided that the development requires 150 or more parking spaces, with no more than a maximum of 10% of the total number of spaces designated as tandem and an attendant is on duty during the normal hours that the commercial/industrial development is open for business.

T. Wheel Stops/Curbing. Continuous concrete curbing at least 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Director. The clear width of a walkway, which is adjacent to overhanging parked cars shall be 4 feet. All parking lots shall have continuous curbing at least 6 inches high and 6 inches wide around all parking areas and aisle planters; wheel stops shall not be used in lieu of curbing, to protect landscaping, signage, structures and walls. (Ord. 756 5-17-22; prior code § 159.24.060) Contact:

City Clerk: 760-329-6411 – Ext. 107, Email: [email protected] Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

Item Number: 7.

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17.52.010 Purpose.

17.52.020 Applicability.

17.52.030 Number of loading spaces required.

17.52.040 Design standards.

17.52.010 Purpose.

These provisions establish comprehensive standards to regulate the number, design, and location of offstreet loading areas, in a manner which, ensures the following:

A. Accessible, attractive, secure, and well maintained loading and delivery facilities.

B. Reduces potential for traffic congestion and hazards.

C. Protection for adjacent parcels and surrounding neighborhoods from the effects of vehicular noise and traffic generated from the anticipated land use and loading activities.

D. Loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood. (Prior code § 159.26.010)

17.52.020 Applicability.

Every nonresidential land use shall have permanently maintained off-street loading areas pursuant to the following provisions. (Prior code § 159.26.020)

17.52.030 Number of loading spaces required.

A. Off-street freight and equipment loading spaces shall be provided for all offices, hospitals, institutions, hotels, senior group housing, schools, day care centers, and other commercial and industrial land uses.

B. The following minimum number of loading spaces shall be provided for each use—Commercial, industrial, office, institutional, hospital, hotel, schools:

Gross floor area Spaces required
Item Number: 7.

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5/31/23, 2:30 PM Chapter 17.52 OFF-STREET LOADING STANDARDS https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_52?view=all 2/3 Less than 25,000 sf of gfa 1
25,001 + sf 1+ additional as required by the Director
C. Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use, pursuant to Section 17.04.070(C) (Similar Uses Permitted). (Prior code § 159.26.030)

17.52.040 Design standards.

Off-street loading spaces shall be provided in the following manner:

A. Access. When the lot upon which the loading space is located abuts an alley, the loading space shall have access from the alley.

B. Dimensions. Required freight and equipment loading spaces shall be no less than 15 feet in width, 50 feet in length, with 14 feet of vertical clearance.

C. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way.

D. Location. Loading spaces shall be located and designed as follows:

1. Adjacent to, or as close as possible to, the main structure.

2. Situated to ensure that all loading and unloading takes place on-site and in no case within adjacent public rights-of-way, or other traffic areas on-site.

3. Situated to ensure that all vehicular maneuvers occur on-site.

E. Passenger Loading. Passenger loading spaces shall be provided in addition to any required freight and equipment loading spaces whenever required by a Development Permit. Passenger loading spaces shall be no less than 10 feet wide and 20 feet long, shall be located in close proximity to the structure entrance, and shall not require pedestrians to cross a driveway, parking aisle, alley, or street in order to reach the structure entrance. Required loading spaces shall not count as required parking spaces.

F. Screening. All loading areas abutting residentially designated property shall have a 6-foot-high solid architecturally treated decorative masonry wall approved by the Director; a higher screening wall may be required as determined appropriate by the Director. All wall treatments shall occur on both sides. In addition, adequate area shall be provided adjacent to public rights-of-way to accommodate a required 3- foot-high permanently maintained and irrigated landscaped berm.

G. Security. All loading facilities shall be designed, constructed, and maintained with security as a priority to protect the safety of the users.

Item Number: 7.

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I. Surfacing. Loading areas shall be surfaced with a minimum thickness of 4 inches of asphaltic concrete over a minimum thickness of 6 inches of an aggregate base material or an equivalent structural section to be approved by the City Engineer.

J. Wheel Stops/Curbing. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided for all loading spaces, and shall be set at least 3 feet from any wall, fence, property line, walkway or structure. (Prior code § 159.26.040)
Contact:

City Clerk: 760-329-6411 – Ext. 107, Email: [email protected] Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

Item Number: 7.

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Chapter 17.48 OFF-STREET PARKING AND LOADING STANDARDS
Sections:

17.48.010 Purpose.

17.48.020 Applicability.

17.48.030 General regulations.

17.48.040 Exemption

17.48.050 Parking requirements.

17.48.060 Accessibility parking requirements.

17.48.070 Design standards.

17.48.080 Off -street loading standards

17.48.010 Purpose.

17.48.030 General regulations
A. No structure or use shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this chapter, unless otherwise stated as exempt. Parking standards shall follow any state housing or residential laws, which laws shall control.

B. The word “use” shall mean both the type and intensity of the use, and that a change in use shall be subject to all of the requirements of this chapter.

C. When a new structure is constructed, enlarged, or increased in excess of 20% of the square Item Number: 7.

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footage, or when a change in use creates an increase in the required amount of parking, additional parking spaces shall be provided in accordance with the provisions of this chapter. An applicant, however, may provide the City with a parking study that evidences support of reduced off-street parking. The Director shall determine if such a reduction is warranted, based upon findings. If a study is not prepared, the required parking shall be provided per the requirements below.

E. Fractional parking space requirements shall be rounded up to the next whole parking space.

F. All parking, including recreational vehicle parking, shall occur on paved areas. “Paved” means covered by concrete, asphalt, pavers, or a similar material as approved by the Director. Brick and gravel are not permissible materials for a paved parking area.

17.48.40 Exemption
A. Off-street parking is exempt for any commercial use in the Commercial Downtown (C-D) Zoning District.

B. Parking shall not be required where State law provides for an exemption.

17.48.50 Parking Requirements.

Item Number: 7.

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Where there is more than one parking ratio listed in the table, the greater of the two applies.

Further, if any of the below contradicts state law parking requirements such as AB 2097 (as amended), state law shall apply.

Agricultural and Animal-Related Uses
Equestrian Stables 1 Space per 5 stables²
Animal Boarding/Kennel Grooming Services 1 Space per 500 sq. ft.

Nurseries & Garden Centers 1 Space per 500 sq. ft. of indoor display, plus 1 Space per 2,500 sq. ft of outdoor display
Veterinary Services (Large Animal) 1 Spaces per 1,000 sq. ft.

Veterinary Services (Small Animal) 1 Space per 250 sq. ft.

Commercial Uses (Retail, Office and
Services)
Building Materials Services (Indoor) 1 Space per 500 sq. ft.

Item Number: 7.

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Building Materials Services (Outdoor) 1 Space per 1,000 sq. ft.

Financial Institutions, Banks, & Loan Offices 1 Space per 300 sq. ft Farmers Market (Permanent) 2 Spaces per Vendor
Grocery Stores, & Supermarkets 1 Space per 250 sq. ft.

Convenience & Liquor Stores 1 Space per 250 sq. ft.

Gym, fitness, health, exercise salon and spas 1 Space per 250 sq. ft.

Personal Services – (Beauty Parlors, Barber
Shops, Nail Salons, Tanning Salons,
Palm/Card Reader, Massage Establishment,
Tattoo & Body Piercing, Cosmetic Services,
& other similar uses)
2 Spaces per station
Personal Services – (Laundromats,
Locksmiths, Shoe Repair, Tailors &
Seamstresses, Clothing Rental, & other
similar uses)
1 Space per 250 sq. ft.

Multi-Tenant Commercial Centers with less
than 5,000 sq. ft.
1 Space per 300 sq. ft
Multi-Tenant Commercial Centers with more
than 5,001 sq. ft.

Same as above plus 1 space for each 250 sq.
ft. thereafter
Retail Sales – General 1 Space per 250 sq. ft
Retail Sales – Restricted 1 Space per 250 sq. ft.

Page 77 of 239 ends

Skateboard Parks 1 Space per 250 sq. ft.

Shooting Range 1 Space per firing line, plus 1 space per 500 sq. ft. of building
Miniature Golf Course 1 Space per 250 sq. ft., plus as required for incidental uses
Motorcycle Racing, Drag Strips, &
Racetracks
1 Space per 250 sq. ft., plus as required for
incidental uses
Zoo & Animal Petting Determined at Project Review
Commercial Recreation Indoor
Bowling Alley 1 Space per lane, plus as required for
incidental uses
Arcades 1 Space per 250 sq. ft., plus as required for
incidental uses
Archery & Gun Ranges 1 Space per lane, plus as required for incidental uses
Batting Cages 1 Space per cage, plus as required for
incidental uses
Billiard Parlors/Poolhalls 1 Space per 250 sq. ft., plus as required for incidental uses
Dance Halls 1 Space per 300 sq. ft.

Brewery, Winery, and Distillery 1 Space per 200 sq. ft.

Restaurants – Sit down (Indoor/Outdoor) 1 Space per 80 sq. ft. of indoor dining area only plus 1 space per 200 sq. ft. of outdoor
dining area only
Restaurants – with Drive-through 1 Space per 80 sq. ft. of indoor dining area only plus 1 space per 200 sq. ft. of outdoor
dining area only plus 6 stacking spaces before
the menu board
Coffee Shops 1 Space per 300 sq. ft.

Vehicle Repair, Services, & Sales
Fueling Stations 1 Space per service bay, plus 1 Space per 250 sq. ft.

Self-service vehicle washing 2 Spaces per washing stall plus 1 Space for Item Number: 7.

Page 78 of 239 ends

each vacuum bay
Full-service vehicle washing 10 Spaces, plus 10 spaces for each wash lane Auto Repair 3 Spaces for each service bay
Auto Dealer 1 Space for every 200 sq. ft., plus 1 space per 1,000 sq. ft. of outdoor display & service area,
plus 1 space per 300 sq. ft. for parts
department
Visitors
Hotel, Motel, Glamping 1 Space for each room, plus 1 space for every 200 sq. ft. of entertainment area, plus 1 per
employee
Bed & Breakfast 1 Spaces for each room, plus 1 per employee Institutions
Medical and Dental Clinics 1 Space per 200 sq. ft.

Hospitals 1 Space for each patient bed
Elementary and Intermediate Schools, Public
or Private
5 Spaces, plus 1 for each classroom
High School, College, Trade School, or
Similar Institutions
1 Space for each ten students, plus 1 for each
classroom
Industrial Uses
Warehouse and Storage 1 Space per 1,000 sq. ft.

Wholesaling and Distribution 1 Space per 500 sq. ft
Manufacturing (workshops) 1 Space per 500 sq. ft.

Recycling Facilities 1 Space per 300 sq. ft., plus 1 space per 5,000 sq. ft. of yard area
Data Centers 1 Space per 500 sq. ft.

Storage, self-storage/personal storage
facilities
4 Spaces for manager/caretaker office
Cannabis Uses
Store Front Retail 1 Space per 250 sq. ft.

Non-Storefront Retail 1 Space per 750 sq. ft.

Cultivation, Testing, Distribution 1 Space per 2,500 sq. ft Manufacturing 1 Space per 750 sq. ft.

Office and Ancillary Uses 1 Space per 250 sq. ft.

Notes:

1. The number of beds used in the calculation shall match the resident capacity of the home as listed on the required license or permit.

2. Parking areas for boarding stables should be treated to prevent dust and designed to provide for the needs of customers and employees.

Item Number: 7.

Page 79 of 239 ends

C. Valet Parking - Valet parking is subject to review and approval either at the time the predominant use is approved through the Review Authority with insurance provisions or later as a specific item by the Community Development Director. Existing commercial uses utilizing valet parking must have an approved valet parking plan which includes provisions for insurance for the patrons to the satisfaction of the Community Development Director.

E. Clean Air Vehicle Parking is required by Title 24, Part 11 (CALGreen) of the California Building Code.

F. Transit Parking – Parking requirements may be reduced, AB 2097 amended Government Code Section 65863.2
G. Joint Use Parking – Dual use of parking may be allowed where the operating hours of the uses involved do not overlap. Joint use of parking shall not exceed 50 percent of the required spaces of any uses involved. The agreement for joint use shall be in the form of a recorded covenant and shall be acceptable to the City attorney. The approval for the joint use can be granted only by the Commission and shall apply to Commercial, VisitorServing, Public, Industrial, and Mixed-Use zoning districts.

17.48.060 Accessibility Parking Requirements.

Accessibility parking requirements shall be designed in a manner consistent with the standard drawings approved by the State Requirements of the Building Code.

17.48.070 Design standards.

A. Access – The following requirements shall govern access to off street parking facilities:

1. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. This does not apply to the residential projects.

Item Number: 7.

Page 80 of 239 ends

2. No parking space shall be located so that a vehicle will maneuver within 20 feet of a vehicular entrance measured from the property line.

3. A common driveway may be granted with access for adjoining multi-family uses.

C. Dimensional Requirements

3. Minimum parking dimensions shall be as indicated in the following tables.

Page 81 of 239 ends

75° 9′0″ 18.0 21.0 18.5 57.9
9′6″ 18.5 21.0 19.0 58.2
10′0″ 19.2 21.0 19.5 58.0
90° 9′0″ 19.0 24.0 9.0 —
9′6″ 19.0 24.0 9.5 —
10′0″ 19.0 24.0 10.0 —
D. Residential

Item Number: 7.

Page 82 of 239 ends

f. Parking in residential land use districts, shall occur as follows:
i. Motor vehicles are to be parked in areas constructed for vehicles (i.e., garage, carport, or paved driveway) and shall not be parked or stored in other portions of the front yard, particularly not on what is commonly referred to as the front lawn (yard). Special circumstances to accommodate additional parking will be at Director’s discretion.
ii. Parallel parking spaces shall be eight (8) feet wide by twenty-four (24) feet long. The length may be reduced to 18 feet, if a six (6) foot separation (no parking) is provided between every two (2) spaces.
iii. Parking only (No Structure) may occur in the front setback with a minimum of five (5) feet landscape buffer from the property line.

E. Location of Parking Area

1. Parking shall be located within 150 feet from the dwelling unit (front or rear door) of the use which they are intended to service.

2. All parking spaces shall be located on the same parcel as the structure or use, unless approved otherwise by the Approving Authority.

F. Recreational Vehicle Parking

H. Lighting- Parking lighting is not always required; however, if lighted parking areas are required parking areas, such lighting fixtures shall be located, with provided shields and Item Number: 7.

Page 83 of 239 ends

adjusted, to preclude the direct spillage/glare onto adjacent properties and street.

I. Maintenance- All required parking facilities shall be permanently maintained, free of litter and debris, and may be posted for parking purposes only.

1. Each loading berth shall not be less than 45 feet in length and 12 feet in width exclusive of aisle or maneuvering space and shall have an overhead clearance of not less than 14 feet.

3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward.

4. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley.

5. Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion.

7. Bumper rails shall be provided at locations where needed for safety or to protect property.

8. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare.

9. No repair work or servicing of vehicles shall be conducted in a loading area.

10. Off-street loading facilities shall be located on the same site with the use for which the Item Number: 7.

Page 84 of 239 ends

berths are required.

13. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.

B. Loading spaces required – Table below identifies how many loading spaces are required for all hospitals, institutions, hotels, motels, and commercial and industrial uses.

Page 85 of 239 ends

Hospitals & Institutions
10,000–50,000 sq. ft. 1
50,001–100,000 sq. ft. 2
100,001 sq. ft. and over 3
Item Number: 7.

Page 86 of 239 ends

SR-23-156
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 5, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution to Recognize, Acknowledge, and Observe Cesar Chavez Day as a Public Holiday
RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs recognizing March 31 as Cesar Chavez Day and observe as an official paid holiday for City employees.

BACKGROUND:

Cesar Chavez was born on March 31, 1927 to a Mexican-American family in Yuma, Arizona. He spent many years of his life doing farmwork and eventually settled in Delano, California. After years of hard work and dedication, his life was one of instability and low wages. In his desire for a better life, he became a grassroots organizer and became a mobilizer for a Mexican-American civil rights group called the Community Service Organization. He spent the following years of his life fighting against racial and economic discrimination. He encouraged people to become involved in their communities and participate in democracy. In 1962, he along with Dolores Huerta, co-founded the National Farm Workers Association which later become the United Farm Workers Union. He was involved in regular protests, strikes, and participated in hunger strikes and labor uprisings inspired by principles of non-violence.

DISCUSSION:

After Cesar Chavez passed away in 1993, he was posthumously awarded the Presidential Medal of Freedom by President Bill Clinton. In 1995, the State of California started to recognize March 31st as Cesar Chavez Day. Later, other states, such as Arizona, Michigan, Minnesota, Nebraska, New Mexico, and Texas, began to observe Cesar Chavez Day and on March 8, 2014, President Barack Obama proclaimed each March 31 as Cesar Chavez Day. The day focused on the Mexican-American efforts in the labor movement for farm workers and laborers to obtain fair pay and fair treatment. The holiday is commemorated to provide service to the community in honor of Cesar Chavez’s life and work.

Americans are urged to regard this day with appropriate service, community, and education programs to honor his legacy.

FISCAL IMPACT:

City employees that are required to work on holidays are paid additional compensation throughout the year according to the agreements with the City. That additional compensation would need to be adjusted to include the new holiday. This resolution would also affect those employees that would be scheduled to be on-call for emergencies on that day. Since the new holiday would now create an Item Number: 8.

Page 87 of 239 ends

SR-23-156
additional scheduled day off, those employees that are on-call for that day would receive an additional hour of on-call overtime pay. The additional cost is estimated to be $15,540 ATTACHMENTS:
1) Resolution Creating Cesar Chavez Day as a Holiday
Item Number: 8.

Page 88 of 239 ends

RESOLUTION NO. 2023-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, RECOGNIZING MARCH 31 AS CESAR

CHAVEZ DAY AND OBSERVED AS AN OFFICIAL PAID HOLIDAY FOR CITY EMPLOYEES.

WHEREAS, the City of Desert Hot Springs is a charter city; and WHEREAS, March 31st is a U.S, federal commemorative holiday in honor of Cesar Chavez’s life and work; and
WHEREAS, Cesar Chavez was an American farm worker, labor leader, educator, and civil rights activist who fought against racial and economic discrimination, and encourages community members to get involved in their communities and participate in democracy; and
WHEREAS, March 31 focuses on the Mexican-American efforts in the labor movement to obtain fair pay and fair treatment for farm workers and laborers; and WHEREAS, the State of California has observed Cesar Chavez day since 1995 and several other states also observe the holiday, such as Arizona, Michigan, Minnesota, Nebraska, New Mexico, and Texas; and
WHEREAS, the residents of the City of Desert Hot Springs are encouraged to join together to promote service to the community and are urged to regard the day with appropriate service, community, and educational programs in honor of Cesar Chavez’s life and work; and
WHEREAS, the City Council deems this resolution in the best interest of the City.

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

Section 1. RECITALS.

That the Recitals set forth above are true and correct and are hereby incorporated herein by this reference.

Section 2. ADOPTION.

That, by adoption of this Resolution, the City Council of the City of Desert Hot Springs recognizes March 31 as Cesar Chavez Day observed as an official paid holiday for all City of Desert Hot Springs employees. When March 31 falls on a Friday, the holiday shall be observed the preceding Thursday and when March 31 falls on a Saturday or Sunday, the holiday shall be observed on the following Monday; and Item Number: 8.

Page 89 of 239 ends

Section 3. CERTIFICATION.

That the City Clerk shall certify to the passage and adoption of this resolution, enter the same in the book of original resolutions of the City and make a minute of passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

Section 4. SEVERABILITY.

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

Section 5. REPEAL OF CONFLICTING PROVISIONS.

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

Section 6. EFFECTIVE DATE.

That this Resolution shall take effect upon its adoption.

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

AYES:

NAYS:

ABSENT:

ABSTAIN:

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

Page 90 of 239 ends

SR-23-198
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 5, 2023
Department: City Manager
Prepared by: Noe Arechiga, Grants Manager
Subject: Resolution for Community Resilience Centers (CRC) Program Application RECOMMENDATION:

BACKGROUND:

The City of Desert Hot Springs is collaborating with Kounkuey Design Initiative (KDI) to submit a joint application to the California Strategic Growth Council's Community Resilient Centers Program. The project proposal aims to enhance climate resilience by addressing extreme weather conditions, improving emergency responses, fostering community involvement, and promoting workforce development. By centering our efforts around the Desert Hot Springs Health and Wellness Center and cultivating a Health and Wellness District in its vicinity, we aspire to fortify the city's resilience against the challenges of a shifting climate.

DISCUSSION:

This proposal is important for Desert Hot Spring because the city has not initiated this type of community engagement around climate resilience before. As extreme temperatures continue to rise in the region, the demand for climate mitigation and environmental justice is growing increasingly urgent. Pollutants, combined with heat, negatively impact air quality and health. The city and region are also susceptible to natural disasters like flooding.

KDI is the strong collaborator for this proposal due to the organization’s vast experience working in the Eastern Coachella Valley (ECV), as well as a commitment to equitable planning processes that prioritize the voices of residents. Since 2011, KDI has been active in planning, designing, and implementing projects across the ECV to grow equity across the region and improve quality of life for residents. Past local projects include designing a network of parks, developing mobility plans, conducting heat impact studies, leading community engagements, re-designing civic spaces, and visioning recreational areas. In the ECV, KDI has developed partnerships with government agencies and community groups; supported the formation of resident-led groups; and navigated city services and protocols.

FISCAL IMPACT:

Item Number: 9.

Page 91 of 239 ends

SR-23-198
If approved, the City intends to seek between $400-500K from the CRC Round 1 Planning funds Fiscal Year 2023-2024. This figure is an estimate, the final number is still being finalized.

ATTACHMENTS:
1) Resolution - CRC Program Application
Item Number: 9.

Page 92 of 239 ends

RESOLUTION NO. 2023-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS APPROVING THE APPLICATION FOR GRANT FUNDS FOR

CALIFORNIA STRATEGIC GROWTH COUNCIL COMMUNITY

RESILIENCE CENTERS PROGRAM (CRC)
WHEREAS, for Fiscal Year 2023-2024, the Legislature and Governor of the State of California have provided funds for the program shown above and delegated the Strategic Growth Council the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, per the guidelines of the grant program, the City of Desert Hot Springs is identified as a city eligible for funding; and WHEREAS, the Grantee will enter into a grant agreement with the State of California and be responsible for compiling and submitting all invoices and reporting documents; and
WHEREAS, the city, if selected, will enter into an agreement with the State of California to carry out the CRC grant; and
WHEREAS, the Strategic Growth Council adopted a timeline indicating the full application is due September 18, 2023; and
WHEREAS, the City of Desert Hot Springs along with Kounkuey Design Initiative (KDI) intends to submit a CRC Planning Grant; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Desert Hot Springs as follows:
1) The City Council approves the City of Desert Hot Springs to serve as the lead application for the Planning grant application due by September 18, 2023. 2) The City Council authorizes the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, and payment requests and so on, which may be necessary for the grant.

Item Number: 9.

Page 93 of 239 ends

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Scott Matas, Mayor
ATTEST:
____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________
Jennifer Mizrahi, City Attorney
Item Number: 9.

Page 94 of 239 ends

SR-23-197
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 5, 2023
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Award Construction Contract for Police Station Tenant Improvement Project RECOMMENDATION:

BACKGROUND:

On June 15, 2021, the City Council authorized the City Manager to proceed with the Public Facilities Bond Projects. One of the projects included in the Public Facilities Bond Projects was the Police Station Tenant Improvements project. This project is designed to renovate and repurpose the current police officer’s locker rooms/restrooms, briefing room, and surrounding offices. This project will also include modifications to the current investigation room and evidence room.

There project was rebid, due to clerical errors on previous bids that were received.

DISCUSSION:

On August 3, 2023 the City issued a notice of inviting bids for the Police Station Tenant Improvements project. The notice of inviting bids was publicly posted on the City’s website and at Planitplanroom.com, a local valley clearing house for public bidding.

On Wednesday, August 23, 2023 the deadline for the bids closed at 2:00 pm with the City receiving four bids. The bids were open and read publicly with the following results.

Contractor Total Bid Amount
Diamond Construction, Inc. $ 553,000.00
Blackstar Contractors $ 625,734.77
Dalke & Sons Construction, Inc. $ 743,756.00
MLC Constructors, Inc. $ 1,098,000.00
Item Number: 10.

Page 95 of 239 ends

SR-23-197
Staff reviewed the bids and verified all submittals. Staff determined the lowest responsible bidder to be Diamond Construction, Inc. with a total bid amount $553,000.00. Staff verified references that were submitted with their bid packet and found Diamond Construction, Inc. to meet the necessary qualifications.

FISCAL IMPACT:

This project will be funded through the following funding source:

Facility Bonds = $ 608,300.00
ATTACHMENTS:
1) Notice Inviting Sealed Bids - Police Station Tenant Improvements 2) Bid Results 8-23-2023
3) Diamond Construction INC Bid Proposal 8-23-2023
Item Number: 10.

Page 96 of 239 ends

CITY PROJECT NO. 8002

POLICE STATION TENANT IMPROVEMENTS
NIB-1

NOTICE INVITING BID PROPOSALS
for
CITY PROJECT NO. 8002

CITY OF DESERT HOT SPRINGS POLICE STATION TENANT

IMPROVEMENTS
RECEIPT OF BID PROPOSALS: Bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for tenant improvements and the performance of other appurtenant works as more particularly described in the specifications under City Project No. 8002, Police Station Tenant Improvements, in the City of Desert Hot Springs.

The bids must be submitted to the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2:00 p.m. on August 21, 2023. Public Works “Bid: Police Station Tenant Improvements, City Project No. 8002” shall appear on the envelope of each bid proposal and the bids will then will be reviewed by staff, and the selected contractor shall be selected and notified prior to September 4, 2023.

Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.

No bid proposal will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the Business and Professions Code. The work requires a California Class “B” contractor's license.

The bids must be submitted on the proposal forms included in the bidder's package of the contract documents. All bids must be original documents and signatures, copies will NOT be accepted. Incomplete bid packages will be deemed nonresponsive.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 120 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.

OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the Police Station Tenant Improvements are available on the Planit Reprographics.

The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); “Riverside County Item Number: 10.

Page 97 of 239 ends

CITY PROJECT NO. 8002

POLICE STATION TENANT IMPROVEMENTS
NIB-2
Standard Specifications,” Latest Edition; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, “Riverside County Standard Specifications,” is available at the Riverside County website:
https://rctlma.org/Portals/7/documents/ord461/ord461_specs.pdf, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site: http://caltrans-opac.ca.gov/publicat.htm.

ADDITIONAL BID INFORMATION AND REQUIREMENTS: Pre-bid inquiries should be directed to Mr. Nicholas Haecker, Public Works Director, at (760) 329-6411 X 223, or via email at [email protected]. Pre-Bid questions regarding Plans and Specifications shall be submitted to: Tony Finaldi via email only at [email protected] Include “Pre-bid Questions for Police Station Tenant Improvements, Project No. 8002” in the “Subject Line”. Pre-bid questions must be received by 2:00 pm on August 15, 2023.

The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.

The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City nonresponsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.

A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.

The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.

All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.

The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a Item Number: 10.

Page 98 of 239 ends

CITY PROJECT NO. 8002

POLICE STATION TENANT IMPROVEMENTS
NIB-3
determination that the bidder is nonresponsive and/or not responsible.

The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:

A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.

A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.

A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

A “Certificate of Worker’s Compensation Insurance”.

And a “Certificate of Commercial Vehicle Liability Insurance” (See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.

Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.

The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

The City supports and encourages equal opportunity contracting.

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been Item Number: 10.

Page 99 of 239 ends

CITY PROJECT NO. 8002

POLICE STATION TENANT IMPROVEMENTS
NIB-4
predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.

PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.

Request For Proposal Advertised
Last day to submit questions by 2:00PM
Bids Submitted by 2:00PM
Anticipated award of construction contract
Contracts fully executed / Notice to proceed issued
Pre-Construction meeting
Construction begins
August 3, 2023
August 15, 2023
August 21, 2023
September 7, 2023
September 12, 2023
September 25, 2023
October 9, 2023
February 14, 2024 Construction completed

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive,
Desert Hot Springs, California 92240
(760) 329-6411
Advertised: August 3, 2023
Item Number: 10.

Page 100 of 239 ends

CITY OF DESERTHOT SPRINGS
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Bid Opening
Wednesday, August 23rd, 2023
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Page 101 of 239 ends

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2 I9A/kl-‘* Z5?/75 AF/Of--5 ID-2
3 ‘ <<°'*$*‘*L‘”“i «vEf\u('IIWom Aumz
4 B»«wowA(c\~«\rI*\ jix A&u\Dok—-.0
15 16
17 Item Number: 10.

Page 102 of 239 ends

2%/c“_7_/\/2@
,5fC/QUOZULl??é??’

CITY OF DESERT HOT SPRINGS

STATE OF CALIFORNIA
‘ CONTRACTDOCUMENTS SPECIFICATIONSAND CONSTRUCTIONPLANS FOR
Police Station Tenant Improvements
City Project # 8002
In the City of Desert Hot Springs
City
The City
Clerk,
Clerk
City
of
Hall,
the City
11999
of Desert
Palm Drive,
Hot Springs, Californiawill receive at the Office of the August 21, 2023 sealed proposals
Desert Hot Springs, CA 92240 until 2:00PMon for the performance of the described services.

Published
August 3, 2023
Item Number: 10.

Page 103 of 239 ends

TABLE OF CONTENTS
Page No.

NOTICE INVIT.INGSEALED BIDS ..........................
..........................
..........................
..NIB 1-4 BIDDER’SPROPOSAL.........................
.........................
.........................
.........................
........
..5-6 SCHEDULEOF PRICES (PROPOSAL FORM) ......................... .........................
...................
..7-8 SUBCONTRACTORLIST .......................
.......................
.......................
.......................
...............
..9 CONTRACTORSINDUSTRIALSAFETYRECORD ........................ ........................
..............
..IO REFERENCES.........................
.........................
.........................
.........................
..................
..11-I2 AGREEMENT..........................
..........................
..........................
..........................
...............
..13-27 PAYMENTBOND .........................
.........................
.........................
.........................
............
..28-29 PERFORMANCEBOND ........................
........................
........................
........................
......
..30-31 AFFIDAVITFOR CO-PARTNERSHIP FIRM ....................... .......................
.......................
.....
..32 AFFIDAVITFOR CORPORATIONBIDDER........................ ........................
........................
..
..33 AFFIDAVITFOR INDIVIDUALBIDDER....................... .......................
.......................
..........
..34 AFFIDAVITFOR JOINT VENTURE........................ ........................
........................
................
..35 BIDDER’SBOND ..........................
..........................
..........................
..........................
.........
..36-37 CERTIFICATIONOF NON-DISCRIMINATIONAND AFFIRMATIVEACTION ............... ..38 CERTIFICATIONWITH REGARD TO THE PERFORMANCEOF PREVIOUS CONTRACTSOR SUBCONTRACTSSUBJECTTO THE EQUALOPPORTUNITY CLAUSE AND THE FILING OF REQUIREDREPORTS........................... ...........................
..
..39 NON—COLLUSIONAFFIDAVIT........................
........................
........................
.......................
..40 GENERALCONDITIONS..........................
..........................
..........................
...................
..41-I12

APPENDICES
APPENDIXA —— SPECIFICATIONS
APPENDIXB — PLANS
Item Number: 10.

Page 104 of 239 ends

\‘._
CITY PROJECT NO. 8002

POLICE STATION TENANTIMPROVEMENTS

NOTICE INVITINGBID PROPOSALS
for
CITY PROJECT NO. 8002

CITY OF DESERT HOT SPRINGS POLICESTATION TENANT

IMPROVEMENTS
: Bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for tenant improvements and the performance of other appurtenant works as more particularly described in the specifications under City Project No. 8002, Police Station Tenant Improvements, in the City of Desert Hot Springs.

The bids mustbe submttedto t Clerk located at 1199 Palm Drive K’ I.

W: ___ 3
"—’7~‘;f‘:’:>‘ Public Works “Bid: Police Station Tenant Im rovem n , ity Project No. 8002” shin a ear on the enveIo’e ofeachbid proposaland the bids willthen will be reviewed by staff, and the s'e‘I'e’E’e‘d‘c':ontractor shall be selected and notified prior to September 4, 2023. he Office of Cit
rt, ..?_‘.
‘,‘;.,I‘.I_, =®':ii;<:;m:»<l‘c;~‘i
' ‘r SEA
Each submitted bid proposal must be accompanied by a certified or cashier's check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementionedSpeci?cations.

No bid proposal will be accepted from a CONTRACTORwho has not been licensed in accordance with the provisions of the Business and Professions Code. The work requires a CaliforniaClass “B”contractor's license.

The bids must be submitted on the proposal forms included in the bidder's package of the contract documents. All bids must be original documents and signatures, copies willNOT be accepted. Incomplete bid packages will be deemed non- responsive.

M F C M L T N L D T A E : BIDDERmust agree to
‘ o
commence work on or before the date of the writteni. tice to Proceed” (NTP) of the AGENCY and to fully complete the project indéoconsgcutl 3 calendar days. BIDDER m.ust~agre.e_a_lsoto pay as liquidated damages, the sum of One Thousand Dollars ($1,O0O._OO) fgr»each working day thereafter as provided in these Speci?cations.

I
: Plans, Speci?cations, and Bid Package for the Police Station Tenant Improvements are available on the Planit Reprographics.

The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); “Riverside County NIB-1
Item Number: 10.

Page 105 of 239 ends

CITY PROJECT NO. 8002

POLICE STATION TENANTIMPROVEMENTS
Standard Specifications,” Latest Edition; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, lnc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, “Riverside County Standard Speci?cations,” is available at the Riverside County website: https://rctlma.org/Portals/7/documents/ord461/ord461_specs.pdf, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication UnitWeb site: http://caltrans-opac.ca.gov/publicat.htm. : Pre-bid inquiries should be directed to Mr. Nicholas Haecker, Public Works Director, at (760) 329-6411 X 223, or via email at [email protected]. Pre-Bid questions regarding Plans and Specifications shall be submitted to: Tony Finaldi via email only at [email protected] Include “Pre-bid Questions for Police Station Tenant Improvements,ProiectNo. 8002” in the “Subject Line”. Pre-bid questions must be received by 2:00 pm on August 15, 2023.

The successful CONTRACTORand his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.

The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City non- responsible. No BIDDERmay withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.

The successful bidder willbe required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfullyserved Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.

All persons performing the work shall be paid not less than the General Prevailing Wage Determinationprepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.

The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminallegal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a NlB—2
Item Number: 10.

Page 106 of 239 ends

CITY PROJECT NO. 8002

POLICE STATION TENANTIMPROVEMENTS
determination that the bidder is nonresponsive and/or not responsible.

The successful bidder, hereinafter called “the CONTRACTOR”to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to ?le with said AGENCYsurety bonds as follows:

A “Faithful Performance Bond" amounting to 100% of the total contract price is required for all contracts.

A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.

A “Certificateof Liabilitylnsurance,” naming the City of Desert Hot Springs as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructionsto Bidders Section.

A “Certificateof Worker’s Compensation lnsurance”.

And a “Certificateof Commercial Vehicle LiabilityInsurance” (See "Insurance and Bonds” paragraphs within the Special Instructionsto Bidders Section.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

Af?rmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City hereby affirmativelyensures that minority business enterprises willbe afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

The City supports and encourages equal opportunity contracting.

PREVAILINGWAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been NIB-3
Item Number: 10.

Page 107 of 239 ends

CITY PROJECT NO. 8002

POLICE STATION TENANTIMPROVEMENTS
predetermined, and are on file with the California Department of IndustrialRelations, are referenced but not printed in the general prevailing wage rates.

August 3, 2023 Request For Proposal Advertised
».‘.\U9.!§.L.1.5.,_ 29,23 L§s*.9.§Yl9,.SUbml1.,qu¢Sli0nSby 2=00PlV| *1.

September 7, 2023 Antici ated awardroficonstruction contract September 12, 2023 Contracts fully executed / Notice to proceed issued September 25, 2023 Pre-Constructionmeeting October 9, 2023 Construction begins February 14, 2023 Constructioncompleted

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO,CMC, CITYCLERK
City of Desert Hot Springs
11999 Palm Drive,
Desert Hot Springs, California 92240
(760) 329-6411
Advertised: August 3, 2023
NIB-4
Item Number: 10.

Page 108 of 239 ends

EXHIBIT“A”

SCOPEOF SERVICES

SEE ATTACHEDPROPOSAL
DATED 08.21.23
NlB—29
Item Number: 10.

Page 109 of 239 ends

BIDDER’S PROPOSAL
FOR THE Police Station Tenant Improvements IN THE CITY OF DESERT HOT SPRINGS, CALIFORNIA Date 08.21 20 23
To the City Council of the
City of Desert Hot Springs:

The Undersignedherebydeclares:
(a) That the only persons or parties interested in this proposal as principals are the following:

JOHN ABBOUD ~ PRESl"DENT
’RAl.\/l.'S'l:TiS AB'BO'UD- S.l{1?Cl{.E'.[‘.A.R.Y
ABBOUDDIAl\/.l.O‘.N.DCONST.RUiCTl'ON, INC.
(If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership,give the name under which the co-partnershipdoes business, and the names and addressesof all co—partners. If an individual, state the name under whichthe contract is to be drawn.) (b) That this bid proposal is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarizedhimself with all of the physical and climaticconditions,and makesthis bid proposal solely upon his own knowledge. (d) That by submittingthis Bidder's Proposal, he acknowledgesreceipt and knowledge of the contents of those communicationssent by the City of Desert Hot Springs to him at the address furnishedby him to the City of Desert Hot Springs when this bid proposal form was obtained. (e) That he has carefully examinedthe specifications, both general and detail, and the drawings attached hereto, and communicationssent to him as aforesaid, and makes this bid proposal in accordance therewith.
(f) That, if this bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs.

NIB-5
Item Number: 10.

Page 110 of 239 ends

BIDDER’SPROPOSAL
(g) That he proposesto enter into such contract and to accept in full payment for the work actually done thereunderthe prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates,and that the unit prices will apply to the actual quantities whateverthey may be.

Accompanying this bid proposal is a certified or cashier’s check or bidder’s bond, payable to the order of the City of Desert Hot Springs in the sum of 10% OF AMOUNTOF BID PROPOSAL DOLLARS($ g10%g ) Said bidder’s bond has been duly executed by the undersigned bidder and by a financiallysound surety company authorizedto transact businessin thisstate.

It is understoodand agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds,then the proceeds of said cash, check, or bidder'sbond, shall becomethe property of the City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished,or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder will be released from the bidder’sbond.

1.849W. REDLANDSBLVD #101. 9()9‘335.4g66
Address of Bidder Telephoneof Bidder
REDLANDS,CA. 92373 A City Zip Code Sign re of Bidder
NIB-6
Item Number: 10.

Page 111 of 239 ends

are PRGPOSALttomvr
IitoticeElation Tenant lmprevemente
IN the CITY or DESERTHOT"emmoa
'I'() THECITYCOUNCILOF THECITYOF DESERII“IIOT SPRINGS,CALIFORNIA The undersignedas bidderdeclaresthathe has carefullyexaminedthe locationof the proposed work, that he has examinedthe Special Provisionsand read the accompanyinginstructionsto bidders,andherebyproposes and agrees, if the bidproposalis accepted,to furnishall materials and do all work required to complete the said work in accordancewith the said Standard Speci?cations, Special Provisions,TechnicalSpeci?cations, and Project Plansin the time and mannerthereinprescribed forthe unitprice set forth in the followingschedule:

ITEM EST.

NO. QTY. DESCRIPTION UNITPRICE TOTAL

1. I LS Demolition
g ‘ X\’ IR'5~W5"k Lump Sum $W..60,000.00
(words)

2. I LS Framingand GypsumBoard
69 Yta i'\(A Vic-Q \A..: tel
"Va I 4t Lump Sum $W110,000.00
(words) '

3. 1LS Tile and Ceramics
« 0/ LumpSum $W.J0,o0o.o0m_.......
(words)
NIB-7
Item Number: 10.

Page 112 of 239 ends

1LS Electrical
e“ la” ow 0L LumpSum $W30,000,0o
(words)
1LS Plumbing
$ (K ‘/ W 01 . LumpSum $WWm60,00()q()0Wm___,,
(words)
1LS HVAC
5‘X
J Ti:“4—€2 lE6"\5‘M9P LumpSum $W63,o00,oomWW
(words)
1LS Fire Sprinklers
‘V:/§%£\Le l"‘—5“~$4*w/ Lump Sum $ 25,0o0.oo...m.
(WO1"dS)'
1LS Flooring
,0 I 04/tSa Lump Sum $__,,,,4o,ooo,ooM_W_
(words) WW
NlB»8
Item Number: 10.

Page 113 of 239 ends

9. l L3

10. ILS
ll. ILS

12. ILS
Tornt. ere F7xwe,Wlmi0l».~Lell E‘i‘ ‘
Doors/ Frames/ Hardware
(words)
Suspended{Zeiling
\l£g llIi0l4$4¢«,9//) LumpSum
(words)
Insulation
€e.\/wt‘ llR5n5amo/ LumpSum
(words)
Miscellaneous
‘--t—'''‘‘ j-::/[ A K LumpSum
(words)
(words)
/40oezc/eta/wk»
$....es,00o.oo.m.
$.m2e,ooo.oom.W.
$7,oonim.W...
$io,nnnnn.,,.,.

The undersignedfurther agrees that in ease of default in executingthe requiredcontract, with necessary bonds,withinten (10) days, not includingSundays and legal holidays,after having received notice that the contract hasbeenawardedand is ready forsignature,the proceeds of the security accompanying his bid proposal shall becomethe property of the City of Desert Hot Springs,and this bidproposal and theacceptance thereofmay be considerednull and void.

NlB~9
Item Number: 10.

Page 114 of 239 ends

Signature of bidder
(If an individual,so state. If a ?rm or co-partnership,state the ?rm name and give the names of all individual co-partners composing the ?rm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer and manager thereof.) 1 ’ /Msewe ozawtwo ?aua-mmmi,/1/ti.
/E3)‘/CrM}u ?,E979ut—~W9:§7?)M/I0$5407 B @ 31‘CA‘99:57} 320?.W26‘ LZBQ;
TelephoneNumber
Dated: . ,20 Q5’
A_ , ./ . “M07”/‘_%f0[ZO;mw,m e,e// 8 2;x.;~3
Awe:/mm if -9* 8 ~ <‘5’3>-‘Q9’
NIB-10
Item Number: 10.

Page 115 of 239 ends

ADDENDUMNo. 1

POLICE STATION TENANTIMPROVEMENTS
CITY PROJECT # 8002
The following is for clarificationor changes to the Police Station Tenant Improvements for the City of Desert Hot Springs.

1. Bid Opening is now scheduled for August 23, 2023 at 2pm due to the City declaring a State of Emergency from the recent Tropical Storm.

2. Bid Proposal Form — Page NIB9 and NIB10 — additional bid item 12 has been added for miscellaneous items (see attached NIB9 and NIB1.0to be replaced in the bid documents).

Corrected pages are included with this Addendum and should be included in the submitted bid documents.
.

Thank you,
Jilleen Ferris, P.E.

City Engineer
Receipt of this addendum shall be submitted with your bid by signing below. YOUR BIDWILL BE DISQUALIFIEDIF THIS ADDENDUMNO. 1 IS NOT SIGNED AND SUBMITTEDWITH YOUR BID PROPOSAL.

Bidder’s Signature
;A.»:-“z> ggagg 55%”?/we?
Item Number: 10.

Page 116 of 239 ends

ADDENDUMNo.2
. POLICE STATION TENANTIMPROVEMENTS
CITY PROJECT # 8002
The following is for clarificationor changes to the Police Station Tenant Improvements for the City of Desert Hot Springs. '

1. Bid Proposal Form — Page NIB9 — There are duplicate bid items 11. One should be item 12, please replace with attached page NIB9. ' Corrected pages are included with this Addendum and should be included in the submitted bid documents.

Thank you,
Jilleen Ferris, P.E.

City Engineer
Receipt of this addendum shall be submitted with your bid by signing below. YOUR BIDWILL BE DISQUALIFIEDIF THIS ADDENDUMNO. 1 IS NOT SIGNED AND SUBMITTEDWITH YOUR BID PROPOSAL.
dlé-19
Bidder’s Signature
@,;25¢;;.2-—e 55%;Wréw71”)
Item Number: 10.

Page 117 of 239 ends

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total bid, and the portion of the work which will be done by each subcontractor.

Speci?c Description of SubName Under Which Sub- License DIR Address of Office Contract Work and Portion of Contractor is Licensed Number Number Mill or Shop the Work PO BOX 1354, YUCCA PLUMBING & FIRE
ARC MECHANICAL #963841 #l000540342 VALLEY‘ CA. 92286 SPRINKLER 26025 NEWPORT RD #A484_. DKM ELECTRIC, CO. #536483 #lO00062050 MENIEEE Ca 92584 ELECTRICAL CONTINENTAL MARBLE 2460 ANSELMO DR.
& TILE CO. #394 #l0000O2594 CORONA, CA. 92879 TILE
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions ofthe California Government Code.)

08.21.23 ABBOUD DIAMOND CONSTRUCTION, INC.

Dated Bidder
94961» ?éémw?
Sign re JOHN ABBOUD

PRESIDENT
Signature
NIB-11
Item Number: 10.

Page 118 of 239 ends

Speci?c Description of SubName Under Which Sub- License DIR Address of Office Contract Work and Portion of Contractor is Licensed Number Number Mill or Shop the Work

HAMILTON CEILING
SYSTEMS.INC.
211 S. HUNTS LANE #1’
#787546 #l00003442 QAN_BFRT\IA_R_D.lN_O._(‘A92.4.08CEILING 1003 RIMPAU AVE # I01
LAM-TEK #l004l68#l 000055906 CORONA. CA. 92879 CABINET
NEW IMAGE PO BOX 242,
INTERIOR FLOORING #lO0|29l #l0O002056l YUCAHDA,CA_ 92399 FLOORING If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.)

08.21.23 ABBOUD DIAMOND CONSTRUCTION, INC.

Dated Bidder
965%magma
Sigma 6 JOHN ABBOUD

PRESIDENT
Signature
NIB-11
Item Number: 10. Qgr”

Page 119 of 239 ends

Speci?c Description of SubName Under Which Sub- License DIR Address of Office Contract Work and Portion of Contractor is Licensed Number Number Mill or Shop the Work STS PRECISION 19775 MARIPOSA AVE.

DRYWALL, INC. #982674 #1000718168 RIVERSIDE, CA. 92508 DRYWALL 1995 DOWN ST.

THERMAL COOL #719787 #lO00032980 RIVERSIDE, CA. 92507 HVAC TRU-TEAM 82585 SHOWCASE PARKWAY
BUILDER SERVICES #1034361 #I000054846 #Dl04, INDIO CA. 92203 INSULATION If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) 082123 ABBOUD DIAMOND CONSTRUCTION, INC.

Dated Bidder
9641/ ?ééaaz?
Signa re JOHN ABBOUD

PRESIDENT
Signature
NIB-11
3ov‘/ Item Number: 10.

Page 120 of 239 ends

Speci?c Description of SubName Under Which Sub- License DIR Address of Office Contract Work and Portion of Contractor is Licensed Number Number Mill or Sh_Qp the Work 72182 CORORATE WAY,
VBI, lNC. #832987 #l000005376 THOUSAND PALMS, CA. 92276 DOORS If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.)

08.21.23 ABBOUD DIAMOND CONSTRUCTION, INC.

Dated Bidder

9.922 magma
Signa 6 JOHN ABBOUD

PRESIDENT
Signature
NlB—11
%3r=7’ Item Number: 10.

Page 121 of 239 ends

CONTRACTOR’S INDUSTRIAL SAFETY RECORD ProjectIdenti?cation #8002 'POL.l.CESTAT ION TENANT
l..MfP‘ROVEMEN'I‘S
Bid Date 08.21.23
This informationmust include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last four calendar years and the current calendar year prior to the date of bid submittal.Separate informationshall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanationmust be attachedof the circumstancessurrounding any and all fatalities.

Calendar Years Prior to Current Year
2017 2018 2019 2020 2021 TOTAL CURRENT YR.

1. No. of contracts
30 2. Total dollar amount of contracts
' (111tiousands l 0 f $) $6,981,159.00

3. No. of fatalities
ZERO — 0

4. No. of lost work day cases
ZERO - 0

5. No. of lost work day cases involving
permanent transfer to anotherjob or
terminationof employment
ZERO — 0

6.* No. of lost workdays
ZERO - 0
*The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102.

The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information istrue and accurate withinth ' ' these records.

ABBOUD DIAMOND CONSTRUCTION, INC.

Name of Bidder(print)
mmvD #1111 #735707 - B
Address State Contractors’Lic.No. & Classi?cation
REDLANDS, CA. 92373 909.335.4866
City Zip Code Telephone No.

NIB-12
Item Number: 10.

Page 122 of 239 ends

3. REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work withinthe past two years.

TOWN OF YUCCA VALLEY - YUCCA VALLEY BRANCH LIBRARY REMODEL.

Name andAddressof Owner
NOEL OWSLEY 760.369.7210
PrimaryContact Name, Email, and TelephoneNumber
KENT KLUETER 714.668.4262
Second Contact Name, Email, and TelephoneNumber
$3,015,452.38
Contract Amount
PUBLIC — REMODEL
Type of Work
NOC — 06.24.2020
Date Completed

COUNTY OF SAN BERNARDINO
Name and Address of Owner
BARSTOW PROBATION.

SCOTT HUGHES 909.771.1182
Primary Contact Name, Email, and TelephoneNumber
TONY FINALDI 951.314.3705
Second Contact Name, Email, and TelephoneNumber
$2,768,250.16 PUBLIC - REMODEL NOC - 04.10.2019
Contract Amount Type of Work Date Completed
CITY OF HESPERIA HESPERIA ANIMAL CONTROL.

Name and Address of Owner
JAMIE CARONE 760.947.1315
Primary Contact Name, Email, and TelephoneNumber
WLC ARCHITECTS 909.987.0909
Second Contact Name, Email, and TelephoneNumber
$783,783.50
Contract Amount

PUBLIC - REMODEL
Type of Work
NOC - 05.13.2019
Date Completed
N|B—13
Item Number: 10.

Page 123 of 239 ends

4' COUNTY OF SAN BERNARDINO ONYX PEAK SOLAR UPGRADE.

Name and Addressof Owner
ERNESTO GONZALEZ [email protected] PrimaryContact Name, Email, and TelephoneNumber
Second Contact Name, Email, and TelephoneNumber
$794,243.92 PUBLIC - UPGRADE NOC - 04.02.2021
ContractAmount Type of Work Date Completed
The following are the names, addresses,and telephonenumbersfor all brokers and suretiesfrom whomBIDDER intendsto procure insurancebonds:

THE BOND EXCHANGE AND INSURANCE AGENCY #8205249-024096
24800 CHRISANTA DR. #160
MISSION VIEJO, CA. 92690
SURETY 617.357.9500, AGENCY 949.461.7000
N|B—14
Item Number: 10.

Page 124 of 239 ends

ACKNOWLEDGED - NOT SIGNED

PUBLIC WORKS CONSTRUCTION AGREEMENT
BY AND BETWEEN _j'—“" THE CITY OF DESERT HOT SPRINGS
AND
THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this day of , 20_, 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 "City," and , a
, hereinafter referred to as "Contractor."

RECITALS
WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform [INSERT BRIEF DESCRIPTION OF SERVICES] as more particularly described below; and
WHEREAS, Contractor 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 MUTUAL PROMISES AND

RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Incorporation by Reference
The foregoing recitals are hereby expressly made a part of this Agreement as though fully set forth herein.

2. ProiectInformation.
0 Location: as depicted in Contractor’s proposal dated
, 20_, and attached hereto and incorporated herein as Exhibit “A” (“Scope of Services” or sometimes “Project”). In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.

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0 Project description, including significant materials to be used and equipment to be installed: , in the City of Desert Hot Springs, California, as set forth in the Scope of Services. o License classification applicable to Project:
0 Approximate start date:
- Approximate completion date:
0 Substantial completion of work evidenced by: Inspection and approval by City Staff. o It is expressly agreed that except for extensions of time duly granted by the City, in writing,time shall be of the essence.
o The parties agree that the specifications, standards, and procedures set forth in the 2015 Greenbook: Standard Specifications for Public Works Construction (“Greenbook”)shall govern the completion of the Project, and to such extent the Greenbook is incorporated herein by this reference; provided, however, in the .event any conflict exists between this Agreement and the Greenbook, this Agreement shall supersede unless othen/vise required by law.

3. Contractor Information
0 Address:
0 License Number:

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until expiration of the term of this Agreement as defined in Section 9, commercial general liability insurance of not less than One MillionDollars ($1,000,000) combined single limitper occurrence, and Two MillionDollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarificationwith the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injuryand property damage coverage shall be triggered by an “occurrence” during the policy period.
b. Contractor shall further procure and maintain at its own expense, until expiration of the term of this Agreement as defined in Section 9, commercial vehicle liabilityinsurance covering personal injury and property damage, of not less than Two N|B—16
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Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilizedby Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its expense, until expiration of the term of this Agreement as defined in Section 9, workers‘ Workers’
compensation insurance providing coverage as required by the California State Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers" Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similarstatute, as respecting the City, and to require any and all subcontractorsand any other person or entity involved in the Project to do the same.

Worker’s Compensation insurance:
o Contractor has no employees and is exempt from workers’ ‘compensation requirements. - Contractor carries workers’ compensation insurance for all employees. cl. All policies required by this section shall be secured from insurers authorized to do business in the State of Californiawith an “A”policyholder’s rating or better and a financial rating of at least Class VII,in accordance with the current Best’s Ratings. e. Contractor agrees to require that all parties, including but not limitedto subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor 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 additionalinsureds the parties to this Agreement. Contractor 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. in the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages followingthe City’s review and determinationthat all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor 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 NlB—17
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obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or their officers, employees, servants, volunteers, agents and independent contractors.

5. Insurance Documentation
a. Contractor 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. Contractor shall ensure that the most current certification of insurance shall be delivered to and retained by the City at all times until expiration of the term of this Agreement as defined in Section 9. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the comprehensive general liabilityand commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additionalinsureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limitsto coverages.
c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and their officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by either party, or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with at least thirty (30) days prior written notice of said cancellation, non-renewal, or reduction, with the exception that only ten (10) days prior written notice shall be required in the event of cancellation for nonpayment of premium.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or se|f—insurance, primary or excess, maintained or available to the City, and their officers, employees, servants, volunteers, agents and independent contractors.

6. Security
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit NIB-18
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“B,”in an amount equal to Dollars and No Cents ($ ), as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyhclder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating.
b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “C,” or deposit an amount with the City equal to Dollars and No Cents ($ ), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyhclder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating. c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.
d. The payment bond shall remain in force and shall not be released until at least seven (7) months after the date of recordation of the Notice of Completion or Notice of Acceptance, whichever occurs first. The performance bond shall remain in force until at least (1) year after the date of final acceptance of the Project, unless the City determines, in its sole and absolute discretion, to release the Performance Bond earlier and notifies Contractor of the same in writing.

7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed
Dollars and No Cents ($ ) for the services rendered by
Contractor pursuant to this Agreement, including profit, labor and materials, in accordance with the Scope of Services.
b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount specified in the invoice within 30 days of receipt by the City, 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.
c. Pursuant to Public Contract Code section 9203, the City shall retain no less than five percent of the compensation to be paid to Contractor which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

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8. Extra Work and Change Orders
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writing and signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Contractor to perform any extra work or a change in work without written authorization.

A change order shall not be enforceable against the City unless the change order complies with this provision.

9. Term
Contractor will perform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which shall commence as of , and shall expire one (1) year following the City's acceptance of the Project pursuant to this Agreement, or upon release of the Performance Bond in accordance with Section 6.d. of this Agreement, whichever occurs first.

10. Independent Contractor
Contractor shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

11. Civil Code Section 1542 Waiver
a. Contractor 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:
“Ageneral release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” b. 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. Contractor further represents and warrants that it understands this waiver NIB-20
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andthat if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

Initials

12. Acceptance of Work
Acceptance of the Project shall be by action of the City Council or its designee.

Neither the acceptance nor prior inspections or failure to inspect shall constitute a waiver by the City of any defects in the Project. From and after acceptance, the Project shall be owned and operated by the City. As a condition to acceptance, Contractor shall certify to the City in writing that all of the Project performance has been performed in strict conformitywith this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.

13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and fit for the purpose and intended use for a duration that shall continue until expiration of the term of this Agreement as described in Section 9, or the longest period permitted by law, whichever is later. If any defects in materials or workmanship become evident prior to expiration of the warranty granted in this Section, the Contractor shall, at its own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the this Agreement. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective. In the event of a failure to commence with the compliance of above-mentioned conditions within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediately on demand.
b. If, in the opinion of the City, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice.

If Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City will not relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement. c. This section does not in any way limitthe City’s remedies available under the law, or the guarantee or warranty on any items for which a longer guarantee is N|B—21
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specified or on any items for which a manufacturer or supplier gives a longer guarantee or warranty period. Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certificates upon completion of the Project. No manufacturer's guarantee period shall in any way limitthe liabilityof Contractor or Contractor's sureties and insurers under the indemnity or insurance provisions of this Agreement.
14-. Indemnification
a. Contractor shall defend, indemnify and hold harmless the City, their 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 and expenses in connection therewith) arising out of the performance of this Agreement, except for any such claim arising out of the sole or active negligence or willful misconduct of the City, or their officers, agents, employees or volunteers.
b. If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers to the same extent as Contractor is required in the preceding paragraph.

A c. The City does not, and shall not, waive any rights that it may have against Contractor 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. d. Notwithstanding the foregoing provisions of this section, Contractor 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 Contractor’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 Contractor’s control, or for which Contractor is without fault.
e. This section shall survive termination or expiration of this Agreement.

15. 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 ifthe party who is othenivise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen days after NlB—22
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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 days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

16. Licenses, Certifications and Permits
Contractor represents that it has obtained and willmaintain 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.

17. Labor Laws, Prevailing Wages
a. All work or servicesperformed within the State of Californiapursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractorsand its subcontractors’employees and independent contractors shall be performed by individualslawfully permitted to perform such work or servicesin the State of California and/or the United States of America pursuant to all applicable State and/or Federallabor laws, rules and regulations including,but not limited to, any State or Federallaw, rule or regulation prohibitingthe employmentof undocumentedworkers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America.
b. Contractor 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, gender expression, sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), age or sexual orientation.

Unless othen/vise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to NlB—23
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employment, or bar or discharge any such person from employment or from a training program leading to employment, or othenrvise discriminate against any such person in compensation or in terms, conditions, or privileges of employment. c. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code"), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on ?le at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft re?ects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid.

Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the City twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code. In the event the total cost of the Project is thirty thousand dollars ($30,000.00) or more, Contractor shall further comply with provisions set forth in Labor Code Section 1777.5 pertaining to employment of properly registered apprentices, including without limitation the obligation to (i) pay employed apprentices the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio as set forth in said section; (iii) submit contract award information to an applicable apprenticeship program; and (iv) contribute to California Apprenticeship Council.
d. Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security NIB-24
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number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”)or in a manner containing the same information as the forms provided by the DLSE.' Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, the City or any member of the public and othen/vise provide certified copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h). e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors and subcontractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. The Project is subject to oompliaraoa monitoring and enforcement by the Department of lnduotriat Relations. in accordance with Section 3700 of the Labor Code, Contractor must secure payment of compensation to all Contractor’s employees. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

18. 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: Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
To Contractor:

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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.

19. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
b. 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. c. 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 of any other default by the other party. d. 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. e. 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 anyjudgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
g. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City NIB-26
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and Contractor. 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. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Conflicts of Interest. Contractor covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s services under this Agreement. In the" event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. [REMAINDER OF THIS PAGE INTENTIONALLYLEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITYOF DESERT HOT SPRINGS
Doria Wilms, InterimCity Manager By Its:

ATTEST:

Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney
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/L/5 z?
ZY26
?9
EXHBW“B”

PAYMENTBOND
We, , as Principal, and , as
Surety, jointly and severally, ?rmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”) and those for whose bene?t this bond insures in the sum of U.S. Dollars and No Cents ($ ). CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the property referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITY and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum speci?ed above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys’ fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should CITY become a party to any action on this bond, that each will also pay CITY'S reasonable attorneys’ fees incurred therein in addition to the above sums.

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Executed this day of , 20__.

Sealof Corporation By
" Authorized Representative of Principal
Title
(ATTACH ACKNOWLEDGEMENT) By
Authorized Representative of Principal
Title
Anyclaims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ()
Surety Company
Name Street Number
Street Number City and State
City and State Telephone Number
Telephone Number
By
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
( )
Company Agent
Street Number
APPROVED AS TO FORM:

City and State
City Attorney
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and othen/vise meet the requirements of the agreement.

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EXHIBIT“C”

PERFORMANCE BOND
We, , as
Principal, and , as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”)for payment of the penal sum of U.S. Dollars and No Cents ($ ).

CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the propertyreferenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITYand Principal.

THE CONDITIONOF THIS OBLIGATIONIS SUCH that ifthe Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the CITY, CITY'S engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othen/vise, itshall be and remain in fullforce and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with CITYsuch amount as CITY may reasonably estimate as the cost of completing all of Principa|‘s obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that ifthe CITY is required to engage the services of an attorney in connection withthe enforcement of this bond, each shall pay CITY'S reasonable attorneys‘ fees incurred, with or without suit, in addition to the above sum.

N|B—32
Item Number: 10.

Page 141 of 239 ends

Executedthis day of , 20
Sealof Corporation
. By
x_ Authorized Representative of Principal
Title
By
Authorized Representative of Principal
Title
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ()
Surety Company
Name Street Number
Street Number City and State
City and State Telephone Number
Telephone Number
By
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENTOF AUTHORIZEDREPRESENTATIVE)
()
Company Agent
Street Number
APPROVED AS TO FORM:

City and State
City Attorney Telephone
Furnish the name, address and phone number of the company agent as well as the surety company.

NIB-33
Item Number: 10.

Page 142 of 239 ends

. ACKNOWLEDGED - NOT APPLICABLE

V-AFFIDAVIT FOR CO-PARTNERSHIP FIRM

STATE OF CALIFORNIA )
)ss

COUNTY OF )
, being first duly sworn,
deposes and says:

That he is a member of the co-partnership ?rm designated as which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.

That he has been and is duly vested with authority to make and sign instruments for the co-partnership by
who constitute the other members of the co-partnership.

Signature
Subscribed and sworn (affirmed)
to before me this
day of , 20
NIB-34
Item Number: 10.

Page 143 of 239 ends

ACKNOWLEDGED - NOT APPLICABLE

AFFIDAVIT FOR INDIVIDUAL BIDDER

STATE OF CALIFORNIA )
)ss

COUNTY OF )
, being first duly sworn,
deposes and says:

That he is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert.Hot Springs or any person interested in the proposed contract, for himself or for any other person.

Signature
Subscribed and sworn (affirmed)
to before me this
day of , 20
Signature of Of?cer Administering Oath
(NOTARY PUBLIC)
NIB-36
Item Number: 10.

Page 144 of 239 ends

ACKNOWLEDGED - NOT APPLICABLE

AFFIDAVIT FOR JOINT VENTURE

STATE OF CALIFORNIA )
A )ss

COUNTY OF )
, being first duly sworn,
deposes and says:

That he is of,
9 one of the parties submitting the foregoing bid proposal as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid proposal who are:
3 that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.

Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(NOTARY PUBLIC)
NIB-37
Item Number: 10.

Page 145 of 239 ends

Signature of Officer AdministeringOath
(NOTARY PUBLIC)

AFFIDAVIT FORCORPORATION BIDDER

STATE OF CALIFORNIA )
)ss

COUNTY OF )
(’q”k7"’L9/’/57).) d/ '00},°774””” /P5/D , being first duly sworn, deposesand says:

ABBOUD DIAMOND CONSTRUCTION, INC.
a corporationwhich is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shallrefrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interestedin the proposed contract, for himself or for any other person.

Sig ature
I
Subscribedand sworn (affirmed)
to beforeme this

SEEATTACHED
~»Q/ ‘V day of /4'(»L62I«t $7” , 20 51:3 NOTARIALCERTIFICATE Signature of Officer Administering Oath
(NOTARY PUBLIC)
N|B—35
Item Number: 10.

Page 146 of 239 ends

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of SANBERNARDINO
Subscribed and sworn to (or affirmed) before me on this 18th day of AUGUST , 205, by

JOHNNYCHAFIABBOUD
proved to me on the basis of satisfactory evidence to be the _ ,:.A :1, 9:. 0, ‘ me. cmovmwo
Notary Public- California 2 SanBernardinoCounty §
' Commissionit 2399276
MyComm. Expires_Mar 31, 2026
Item Number: 10.

Page 147 of 239 ends

BIDDER’S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE, Abboud Diamond Construction, Inc. as principal,and
The ONO Casualty l“SUFa“C€‘ C°m|03“V as surety, are held and ?rmly bound unto the City of Desert Hot Springs,hereinafter “City” in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said CITY or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of $ Ten percent of the total bid amount (10% of total bid)

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to the City of Desert Hot Springs for certain construction specifically described as follows, for which bids are to be opened at Desert Hot Springs City Hall on August 21, 2023 for Police Station Tenant Improvements.

NOW THEREFORE, if the aforesaidprincipal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and files the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be ?xed by the court.

N|B—38
Item Number: 10.

Page 148 of 239 ends

BIDDER'S BOND
IN WITNESS WHEREOF, we have hereL1ntoset our hands and seals on this 10th of August , 20 23
Abboud Diamond Construction, Inc. (seal)
(seal)
(seal)
(seal)

PRINCIPAL
(seal)
The Ohio Casualty Insurance Company
\_/\/V (seal)
S E Y hristine Woolford, Attorney—ir:«Faot
175 Berkele reet Boston, MA02116 (Seal)

ADDRESS
NOTE: Signatures of those executing for the surety must be properly acknowledged.

N|B—39
day
Item Number: 10.

Page 149 of 239 ends

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Item Number: 10.

Page 150 of 239 ends

ThisPowerofAttorneylimitsthe acts ofthose namedherein,andthey have no authorityto bindthe Companyexceptinthe mannerandto the extenthereinstated.

Mutugit Liber
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyis a corporationdulyorganizedunderthe lawsofthe State of NewHampshire,that LibertyMutualinsuranceCompanyis a corporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericaninsuranceCompanyis a corporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe“Companies”), pursuantoandbyauthorityhereinset forth,doesherebyname,constituteandappoint, AlexanderR. Holsheimer;ChristineWoolford;DanielleHanson; EmilieGeoge; Irene Luong; James W. Moilanen;P. AustinNef?Yung T. Mullick CertificateNo: 8209482-024096
allofthecityof MissionVieio state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney~in-fact tomake, execute,seal,acknowledgeand deliver,forandonitsbehalfassuretyandas itsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbe as bindingupontheCompaniesas iftheyhavebeendulysignedbythepresidentand attestedbythesecretaryoftheCompaniesintheirownproper persons.

INWITNESSWHEREOF,thisPowerofAttorneyhas beensubscribedbyan authorizedof?cerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaf?xed theretothis 23rd dayof February , 2023 . LibertyMutualinsuranceCompany TheOhioCasualtyinsuranceCompany
WestAmericanInsuranceCompany
DavidM.Carey,Assistant Secretary
StateofPENNSYLVANIASS CountyofMONTGOMERY
Onthis 23rd dayof February , 2023 beforemepersonallyappearedDavidM.Carey,whoacknowledgedhimselfto betheAssistantSecretaryofLibertyMutualinsurance Company,TheOhioCasualtyCompany,andWestAmericaninsuranceCompany,and thathe, as such,beingauthorizedso to do,executetheforegoinginstrumentforthe purposesthereincontainedbysigningonbehalfofthecorporationsbyhimselfas a dulyauthorizedof?cer.

INWITNESSWHEREOF,Ihavehereuntosubscribedmynameanda?xed mynotarialsealat PlymouthMeeting,Pennsylvania,onthedayandyear?rstabovewritten.

CommonwealthofPennsylvania- NotarySeal TeresaPastella,NotaryPublic MontgomeryCounty MycommissionexpiresMarch28, 2025 By; %aZ;zZa
Commissionnumber1126044 Member,PennsylvaniaAssociationofNotaries TeresaPastella,NotaryPublic ThisPowerof Attorneyis madeand executedpursuantto and by authorityofthe followingBy-lawsand Authorizationsof TheOhioCasualtyInsuranceCompany,LibertyMutual InsuranceCompany,andWestAmericanInsuranceCompanywhichresolutionsarenowinfullforceandeffectreadingasfollows:

ARTICLE|V—0FFlCERS: Section12.PowerofAttorney.

Anyof?ceror otherof?cialof the Corporationauthorizedforthatpurposeinwritingbythe Chairmanorthe President,and subjectto suchlimitationas the Chairmanor the Presidentmayprescribe,shallappointsuchattorneys-in-fact, as maybe necessaryto act inbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliveras surety anyandallundertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact, subjecttothelimitationsset forthintheirrespectivepowersofattorney,shall havefullpowerto bindthe Corporationby theirsignatureand executionof any suchinstrumentsand to attachtheretothe seal ofthe Corporation.Whenso executed,such instrumentsshallbe as bindingas Ifsignedbythe Presidentandattestedto bytheSecretary.Anypoweror authoritygrantedto anyrepresentativeor attorney-in-factunderthe provisionsofthisarticlemaybe revokedat anytimebytheBoard,theChairman,thePresidentorbytheofficerorof?cersgrantingsuchpowerorauthority.

ARTICLEXIII— ExecutionofContracts:Section5. SuretyBondsandUndertakings.

Anyof?ceroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsas thechairmanorthe presidentmayprescribe, shallappointsuchattorneys-In-fact, as maybe necessaryto act inbehalfoftheCompanyto make,execute,seal, acknowledgeanddeliveras suretyany andallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact subjectto thelimitationsset forthintheirrespectivepowersofattorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandto attachtheretotheseal oftheCompany.Whenso executedsuchinstrumentshallbe as bindingas it signedbythepresidentandattestedbythesecretary.

Certificateof Designation— ThePresidentoftheCompany,actingpursuantotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-infactas maybe necessarytoactonbehalfoftheCompanyto make,execute,seal, acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.

Authorization— ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certi?edcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforceandeffectasthoughmanuallyaf?xed.

I,ReneeC. Llewellyn, theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualinsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand hasnotbeenrevoked,
INTESTIMONYWHEREOF,Ihavehereuntosetmyhandandaf?xedthe sealsofsaidCompaniesthis 10th dayof August , 2023 .

I ReneeC. Llewellyn, AssistantSecretary
LMS~12873LMICOCIC WAIC MultiCo O2/21
Item Number: 10.

Page 151 of 239 ends

No. 5133-4

STATE OF CALIFORNIA

DEPARTMENT OF INSURANCE

SANFRANCISCO
Amended
Certi?cate of Authority
THISIS TOCERTIFY,That,pursuant to theInsuranceCodeoftheState ofCalifbrnia, The Ohio Casualty Insurance Company
ofNewHampshire,organizedunderthelawsofNewHampshire,subjectto itsArticlesofIncorporationor otherfundamental organizationaldocuments,isherebyauthorizedto transact withinthisState,subjectto all provisions ofthisCertificate,thefollowing classesofinsurance:

Fire, Marine, Surety, Plate Glass,Liability,Workers’ Compensation, CommonCarrier Liability,Boiler and Machinery, Burglary, Credit, Sprinkler, Automobileand Miscellaneous
as suchclasses are nowor mayhereafterbede?nedin theInsuranceLawsofthe StateofCalifornia.

THISCERTIFICATEis expresslyconditionedupon the holderhereofnowandhereafterbeing in fullcompliancewithall,andnot in violationofany, oftheapplicablelawsandlawfulrequirements made under authority ofthelawsoftheStateof'California as longassuchlawsor requirementsare in effectand applicable,andas suchlaws andrequirements noware, or may hereafter be changedor amended.

IN WITNESSWHEREOF,effectiveas ofthe 19”’day ofMarch,
2013,I have hereuntoset myhand andcausedmy officialsealto be affixedthis19”‘day ofMarch,2013.

Dave Jones
InsuranceCommissioner
\/aha;><Zeggf
By ValerieJ. Sarfaty
for NettieHoge
ChiefDeputy
NOTICE: . Qualificationwiththe Secretary of State must be accomplishedasrequiredby theCaliforniaCorporationsCodepromptlyafter issuanceofthisCerti?cateofAuthority.Failureto doso willbea violationoflnsurance Codesection701andwillbegroundsfor revokingthisCerti?cateof Authoritypursuant to the covenants madein the applicationtherefor andthe conditionscontained herein.

Item Number: 10.

Page 152 of 239 ends

CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or servicesto the City of Desert Hot Springs, the firm listedbelowcerti?es that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliancewith all Federal, State, and local directives and executive orders regarding non—discriminationin employment;and that it will pursue an affirmative course of action as required by the affirmative action guidelines.

We agree speci?cally:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at alljob levels.

2. To communicate this policy to all persons concerned includingall company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minorityemployeeswithin the company.

FIRM ABBOUD DIAMOND CONSTRUCTION

TITLE OF OFFICER SI IN JOHN ABBOUD - PRESIDENT
SIGNATURE DATE 08.21.23
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:

NIB-40
Item Number: 10.

Page 153 of 239 ends

CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR

SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF

REQUIREDREPORTS
ABBOUD DIAMOND CONSTRUCTION, INC.

The bidder , proposed subcontractorCONTRACTORhereby certi?es that he has ____, has not NQJ‘ participatedin a previous contract or subcontractsubject to the Equal Opportunity Clause, as requiredby Executive Orders 10925, 11114, or 11246,and that he has , has not , ?led with the Joint Reporting Committee, the Director of the office of Federal Contract Compliance, a Federal Government contracting or administeringagency, or the former President’s Committee on Equal Employment Opportunity, allreports due underthe applicablefiling requirements.

ABBOUD DIAMOND CONSTRUCTION, INC.
(COMPANY)
By; JOHN ABBOUD

PRESIDENT
(TITLE)
DATE: 08.21 , 20 23 .

NOTE:The above certification is required by the Equal Employment OpportunityRegulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractorsonly in connection with contracts and subcontracts which are subjectto the Equal Opportunity Clause. Contracts and subcontractswhich are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60—1.5.(Generally only contracts or subcontractsof $10,000 or under are exempt).

Currently, Standard Form 100I(EEO—1) is the only report required by the Executive Orders or their implementingregulations. ‘
Proposed prime contractors and subcontractorswho have participated in a previous contract or subcontract subject to the Executive Orders andhave not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontractsunless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administrationor by the Director, Office of Federal Contract Compliance,U.S. Department of Labor.

NIB-41
Item Number: 10.

Page 154 of 239 ends

NON-COLLUSION AFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposes and says:

That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

The furnishing of all labor and materials and equipment for the Police Station Tenant Improvements, consisting of removing existing concrete and asphalt concrete improvements;the construction of concrete curbs, gutters, sidewalk, driveway approach, and curb ramps; cold mill and overlay asphalt concrete pavement; the installation of solar-powered ?ashing beacons; and the installation of traffic signs, striping, and markings. Removed material shall be legally disposed of off-site at the Contractor’s expense. All project work and incidental items to complete the project shall be performed in accordance with the plans, speci?cations, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.
\/0/7%/%?6zJ2zO
Signattfreof Bidder
/5 9/?VJ.?at»-ea/5 are #/D/
Business Address
?zbwwvs, &4~. 4.9373
Place of Business
Subscribed and sworn (affirmed) to before me this day of , 20 Notary Public in and for the County of
, State of California
My commission expires , 20

SEEATTACHED

NOTARIALCERTIFICATE
N|B—42
Item Number: 10.

Page 155 of 239 ends

State of California
County of SANBERNARDINO
Subscribed and sworn to (or affirmed) before me on this 18th day of AUGUST ,20;i. by

JOHNNYCHAFIABBOUD
proved to me on the basis of satisfactory evidence to be the ClNDYTAMAYO
Notary Public- California
SanBernardinoCounty
- . » Commission# 2399276
MyComm.Expires Mar 31, 2026
Item Number: 10.

Page 156 of 239 ends

SR-23-196
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 5, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Agreement With the City of Cathedral City for Maintenance of Traffic Signal and Safety Lighting at the Intersections of Palm Drive and Varner Road, and Palm Drive and Paul Road
RECOMMENDATION:

Authorize the City Manager to execute, an make any substantive changes if necessary, the agreement for maintenance of shared traffic signals and safety lighting by and between the City of Desert Hot Springs and the City of Cathedral City for the maintenance of the traffic signals and safety lighting at the intersection of Palm Drive and Varner Road, and Palm Drive and Paul Road.

BACKGROUND:

On March 18, 2014, the City entered into an agreement with the County of Riverside to assume maintenance of the two (2) traffic signals and of the safety lighting at the intersections of Palm Drive and Dillon Road, and Palm Drive and Varner Road. These signals became part of a shared jurisdiction as a result of the City annexing the area. The transfer of maintenance responsibility to the City of Desert Hot Springs was effective May 30, 2014.

On June 3, 2014 an agreement was approved by City Council for the shared maintenance of the traffic signals at Palm Drive and Varner Road, and Palm Drive and Paul Road with the City of Cathedral City.

This agreement was never executed by both entities, therefore, the agreement is being presented to City Council for approval.

DISCUSSION:

The City of Desert Hot Springs will be the lead agency for the maintenance of Palm Drive and Varner Road. The City of Cathedral City has a 25% share of responsibility for the maintenance, and therefore will reimburse the City of Desert Hot Springs for 25% of the cost of maintenance, emergency services, and delivery of electrical power.

The City of Cathedral City will be the lead agency for the maintenance of Palm Drive and Paul Road.

The City of Desert Hot Springs has a 50% share of responsibility for maintenance, and therefore will reimburse the City of Cathedral City for 50% of the cost of maintenance, emergency services, and delivery of electrical power.

FISCAL IMPACT:

Item Number: 11.

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SR-23-196
The City of Desert Hot Springs paid $2,046.25 for FY 22-23 for the traffic signal at Palm Drive and Varner Road, therefore approximately $512.00 is expected to be reimbursed for FY 23-24 from the City of Cathedral City. The City of Desert Hot Springs will also reimburse the City of Cathedral City for 50% of their costs for the Palm Drive and Paul Road traffic signal.

ATTACHMENTS:
1) Traffic Signal Maintenance Agreement with Cathedral City Item Number: 11.

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AGREEMENT FOR MAINTENANCE OF

SHARED TRAFFIC SIGNALS AND SAFETY LIGHTING
THIS AGREEMENT (“Agreement”) is entered into as of this _____ day of ____________, 2023, by and between the City of Desert Hot Springs, a California municipal corporation (“Desert Hot Springs”), and the City of Cathedral City, a California municipal corporation (“Cathedral City”). Desert Hot Springs and Cathedral City are collectively referred to herein as the “Parties,” and individually as a “Party.”

RECITALS
This Agreement is made with reference to the following facts:

A. Desert Hot Springs and Cathedral City jointly own certain traffic signals and highway safety lighting installations (“Installations”). The Installations are located partly within the jurisdictional boundaries of each city, and in the ownership percentage interests (the “Ownership Interest”) all as shown on Exhibit “A,” attached hereto and incorporated herein by this reference.

B. Cathedral City and Desert Hot Springs agree to share the maintenance of the Installations, and to establish a mechanism to share the cost for such maintenance.

C. The Parties agree to maintain the Installations, each for the benefit of both cities, in accordance with and according to the proportions shown in Exhibit “A.”

AGREEMENT
NOW, THEREFORE, in considerations of the facts set forth above and the mutual covenants, promises, and agreements set forth herein, the Parties hereto do hereby mutually agree as follows:

1. Maintenance.

1.1 Scope of Services. The Lead Agency (as identified in Exhibit “A”) shall provide, or cause to be provided, “Routine Maintenance Services” and “Emergency Call-Out Services” on traffic signals, highway safety lighting, flashing beacons, and other electrically operated traffic control or warning devices associated with the Installations. The Lead Agency shall also arrange for delivery of electrical power to the Installations (the “Electrical Costs”). The Lead Agency shall be responsible for maintaining the Installations, and shall take full responsibility for the Routine Maintenance Services and Emergency Call-Out Services associated with the Item Number: 11.

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Desert Hot Springs City CouncilSeptember 5, 2023

Desert Hot Springs City Council
September 5, 2023