Desert Hot Springs City Council
October 3, 2023

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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, October 3, 2023
4:30 PM - Closed Session
5:30 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
CLOSED SESSION - 4:30 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. Public Employee Complaints
(Government Code Section 54957)

2. Public Employee Appointment
(Government Code § 54957)
Title: City Manager
RECESS
PRESENTATIONS - 5:30 P.M.

Downtown Public Art Presentation
Dave Amos, California Polytechnic State University
Introduction and Swearing-In of New Police Officer

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.

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
ADMINISTRATIVE CALENDAR:

3. Appointment of City Manager

4. Ordinance Amending Several Chapters of the Desert Hot Springs Municipal Code Dealing With Cannabis Regulations
Christina Newsom, Compliance Director
Recommendation:

Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Amending 7 - 20

Chapters 3.33 (Titled “Marijuana Cultivation Tax” and 3.35 (Titled “Medical Marijuana Cultivation Tax”) To Amend Various Sections in Both Chapters to Lower Recreational and Medical Cultivation Taxes, and 2) Section 5.50.070 Relating to General Security Requirements of the Desert Hot Springs Municipal Code (“DHSMC”).

Staff Report - SR-23-229 - Pdf

5. Resolution of Intention to Annex APN 666-360-017 to the City of Desert Hot Springs Community Facilities District No. 2010-1 Geoffrey Buchheim, Administrative Services Director
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 48), and to authorize the levy of special taxes therein.

Staff Report - SR-23-228 - Pdf
21 - 66

6. Resolution of Intention to Create a Special Tax Area Zone for Property APN 666-360-017 to the Desert Hot Springs Special Public Safety Tax Area
Geoffrey Buchheim, Administrative Services Director
Recommendation:

Adopt a Resolution of Intention which establishes the time and place of the Public Hearing to establish Zone 54 within the Special Public Safety Tax Area for Police and Fire Protection Services and authorizing an election.

Staff Report - SR-23-227 - Pdf
67 - 79

7. Stagnant Water Abatement
Christina Newsom, Compliance Director
Recommendation:

Authorize the City Manager to execute an agreement entitled, "Stagnant Water Inspection and Abatement Warrant Release, Waiver, and Indemnity Agreement by and Between the City of Desert Hot Springs and Coachella Valley Mosquito and Vector Control District," and allow for any substantive changes to be made by the City Manager, if any.

Staff Report - SR-23-224 - Pdf
81 - 99

8. Transportation Uniform Mitigation Fee (TUMF) Inflation Adjustment for Calendar Year 2024
Travis Clark, Community Development Director
Recommendation:

Adopt a Resolution of the City Council adjusting the Transportation Uniform Mitigation Fee (TUMF) pursuant to Coachella Valley Association of Government's request for Calendar Year 2024.
101 - 108

Staff Report - SR-23-223 - Pdf

9. Annual Utility Users Tax Report
Geoffrey Buchheim, Administrative Services Director
Recommendation: Receive and file.

Staff Report - SR-23-231 - Pdf
109 - 110
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.

10. City Council Special Meeting (Closed Session) Minutes: September 23, 2023
Jerryl Soriano, City Clerk
Recommendation: Approve the Minutes as presented; or as corrected.

Staff Report - SR-23-233 - Pdf
111 - 112

11. Acceptance of Subdivision Improvement Agreement and Related Security for Rancho Descanso
Jilleen Ferris, City Engineer
Recommendation:
1) Accept the Subdivision Improvement Agreement, Performance Bond and Labor and Materials Bond, any substantive changes shall be approved by the City Manager and the City Attorney; and 2) Authorize staff to process and file the Subdivision Improvement Agreement with the County Recorder’s Office.

Staff Report - SR-23-232 - Pdf
113 - 193

12. Second Reading and Adoption of An Ordinance Amending a Chapter of Title 17, Zoning Ordinance: "Chapter 17.08 (Residential Districts)" (CEQA Exemption 15061(b)(3))
Jerryl Soriano, City Clerk
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of Desert Hot Springs amending a chapter of Title 17, Zoning Ordinance "Chapter 17.08 (Residential Districts)." Staff Report - SR-23-225 - Pdf
195 - 262

13. Second Reading and Adoption of An Ordinance Amending Chapter

1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code
Jerryl Soriano, City Clerk
263 - 272

Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City of Desert Hot Springs amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code.

Staff Report - SR-23-226 - Pdf

14. Second Reading and Adoption of An Ordinance Amending Chapter

2.24 "Departments, Boards and Commissions," Section 2.24.050 "Removal" as It Pertains to Absences in the Desert Hot Springs Municipal Code
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, Amending Chapter 2.24 "Departments, Boards and Commissions," Section 2.24.050 "Removal" as It Pertains to Absences in the Desert Hot Springs Municipal Code."
Staff Report - SR-23-230 - Pdf
273 - 278

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.

October 10 Planning Commission 6:00 p.m.

October 12 Public Safety Commission 6:00 p.m.

October 17 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.

SR-23-229
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 3, 2023
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Compliance Director
Subject: Ordinance Amending Several Chapters of the Desert Hot Springs Municipal Code Dealing With Cannabis Regulations
RECOMMENDATION:

Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Amending Chapters 3.33 (Titled “Marijuana Cultivation Tax” and 3.35 (Titled “Medical Marijuana Cultivation Tax”) To Amend Various Sections in Both Chapters to Lower Recreational and Medical Cultivation Taxes, and 2) Section 5.50.070 Relating to General Security Requirements of the Desert Hot Springs Municipal Code (“DHSMC”).

BACKGROUND:

On July 5, 2023, the City Council approved staff’s recommendation for the following amendments to the Desert Hot Springs Municipal Code:
1) Modify the definition of cultivation space, for the purposes of tax collection 2) Bring forth an Ordinance to reduce the cannabis cultivation tax rate from $10.20 per sq. ft. of “space utilized” in connection with the cultivation process to $7.50 per sq. ft. 3) Bring forth an Ordinance to align the city’s security requirements to mirror state law for cultivation, manufacturing, and distribution facilities 4) Bring forth an Ordinance to allow for a 6-month ramp-up period for new businesses to phase in space, for the purpose of calculating tax liability, as new rooms are brought online within a facility.

DISCUSSION:

This proposed Ordinance incorporates the City Council direction as per the above.

Chapters 3.33 and 3.35 of the Desert Hot Springs Municipal Code (“DHSMC”) regulate cultivation taxes.

Chapter 3.33 regulates recreational cultivation, and Chapter 3.35 regulates medical cultivation. Both chapters were amended to:
1) Lower the cultivation tax from $10.20 to $7.50 a square foot; Item Number: 4.

SR-23-229
2) Amend the definition of “space” to mean the horizontal canopy related to the grow cycle; and to exclude any areas used for storage, cropping, drying, etc. The change in definition effectively also lowers the cultivation tax as it limits the taxable square footage; 3) Provide general penalties for non-payment of taxes; and 4) Allow a 6-month ramp-up period for new cultivation facilities.

Chapter 5.50 of the DHSMC provides the regulatory framework for the operation of cannabis facilities, including the security requirements of such facilities operating within the City. Section 5.50.070 of the DHSMC currently requires security standards that are more stringent than required by the State of California Department of Cannabis Control (“DCC”) as they relate to security guards. Section 5.5070 is proposed to be amended to mirror state law.

FISCAL IMPACT:

Reduction of the Cannabis Cultivation Tax to $7.50 per square foot of canopy space will result in a loss of revenue to the City estimated to be $1,762,872 annually.

ENVIRONMENTAL ANALYSIS:

The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:
1) Ordinance - Lowering Cultivation Taxes and Security Measures Item Number: 4.

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, 1) AMENDING CHAPTERS 3.33 (TITLED “MARIJUANA CULTIVATION TAX” AND 3.35 (TITLED “MEDICAL
MARIJUANA CULTIVATION TAX”) TO AMENEND VARIOUS SECTIONS

IN BOTH CHAPTERS TO LOWER RECREATIONAL AND MEDICAL
CULTIVATION TAXES, AND 2) SECTION 5.50.070 RELATING TO

GENERAL SECURITY REQUIREMENTS OF THE DESERT HOT
SPRINGS MUNICIPAL CODE (“DHSMC”)
WHEREAS, the City of Desert Hot Springs (“City”) is a municipal corporation and a charter city; and
WHEREAS, it has come to the City’s attend that various marijuana cultivators have inquired into having the City lower cultivation taxes for Marijuana Cultivation Facilities, as defined by Desert Hot Springs Municipal Code Section (“DHSMC”) section 17.180.030, and regulated pursuant to DHSMC Section 17.180.050; and

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

WHEREAS, DHSMC Section 3.35.070 provides in part that the City Council can amend the medical cultivation marijuana tax in a manner which does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein, without further voter approval; and
WHEREAS, DHSMC Sections 3.33.070 (recreational) and 3.35.080 (medical) provide, among other things that the City Manager, or designee, and/or the City Council by ordinance may promulgate regulations to implement Chapter 3.33 and 3.35; and Item Number: 4.

WHEREAS, during several public meetings the City Council met to discuss marijuana cultivation taxation in general, and provided Staff direction to lower Marijuana Cultivation Taxes, among other things; and
WHEREAS, the City Council deems now that Marijuana Cultivation Facilities, as defined by DHSMC Section 17.180.030 and regulated pursuant to DHSMC Section

17.180.050, as applicable to both recreational and medical marijuana cultivation should be lowered to encourage the City’s competitive advantage; and WHEREAS, at this time, the City Council desires to amend Chapter 3.33 and 3.35 to explicitly lower the marijuana cultivation tax for Marijuana Cultivation Facilities, as defined by DHSMC Section 17.180.030 and regulated pursuant to DHSMC Section

17.180.050; and
WHEREAS, such proposed amount, as well as re-refining “space” does in fact lower the current recreational cultivation tax, and medical cultivation tax; and WHEREAS, the equal dignity rule requires Chapters 3.33 and 3.35 as proposed by this Ordinance be adopted by ordinance; and
WHEREAS, Section 5.50.070 regulates general security requirements; and WHEREAS, this Ordinance would eliminate the need for 24-hour security, as it has been shown to not be needed, as well as cost prohibitive; and WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, the City Council finds that this ordinance is good for the public health, safety and welfare.

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

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

Section 2. AMENDMENT OF CHAPTER 3.33 TITLED “MARIJUANA
CULTIVATION TAX” OF THE DESERT HOT SPRINGS

MUNICIPAL CODE (FOR RECREATIONAL MARIJUANA

CULTIVATION)
Item Number: 4.

The following sections of Chapter 3.33 of the Municipal Code shall be amended to read as follows, and all other sections in Chapter 3.33 shall remain in full force and effect and untouched:

3.33.005 Imposition of tax.

In the event the cultivation of marijuana for casual/recreational use is legalized or decriminalized in California, any person or entity cultivating marijuana for casual/recreational use in the City shall pay an annual tax of Seven Dollars and Fifty Cents ($7.50) $10 per square foot for space utilized in connection with the cultivation of marijuana for casual/recreational use. (Ord. 733 3-2-21; Ord. 559 11-4-14)

3.33.010 Purpose of tax.

The purpose of this tax is to raise revenue to fund general municipal services. (Ord. 559 11-4-14)

3.33.020 Customers.

This tax shall not be specifically charged or assessed to any customer or consumer.

Payment and remittance of the tax to the City shall solely be the responsibility of the person or entity authorized to legally cultivate marijuana within the City. (Ord. 559 11-4- 14)

3.33.030 Space.
“Space utilized in connection with the cultivation of marijuana” shall mean any horizontal canopy space used space ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre-flowering, flowering and harvesting phases related to the growth cycle of the marijuana plant, to include areas where live plants are present. including without limitation any space used for activities such as growing, planting, seeding, germinating, “Space” shall exclude the area used for lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any products, supplies or equipment related to any such activities, no matter where such storage may take place or such storage space may be located. (Ord. 559 11-4-14)

3.33.040 Annual adjustment.

The taxes imposed by this chapter shall be adjusted annually beginning on July 1, 2015, and July 1 of each succeeding year based on the Consumer Price Index (CPI) for all urban consumers in the Los Angeles-Riverside-Orange County areas as published by Item Number: 4.

the United States Government Bureau of Labor Statistics; however, no adjustment shall decrease any tax imposed by this chapter, unless approved by the City Council. (Ord. 559 11-4-14)

3.33.050 Remittance.

The taxes imposed by this chapter shall be remitted to the City biennially, on or before December 31st and June 30th every year. (Ord. 559 11-4-14)

3.33.060 Modification, repeal, or amendment.

The City Council may repeal this chapter, or amend it in a manner which does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein, without further voter approval. If the City Council repeals any provision of this chapter, it may subsequently reenact it without voter approval, as long as the reenacted provision does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein. (Ord. 559 11-4-14)

3.33.070 Administration.

The City Manager, or designee, and/or the City Council by ordinance, may promulgate regulations to implement and administer the provisions of this chapter. (Ord. 559 11-4-14)

3.33.080 Penalties.

Any entity that fails to pay the taxes required by this chapter within 30 days after the due date shall pay in addition to the taxes a penalty for nonpayment in a sum equal to 25 percent of the total amount due. Additional penalties will be assessed in the following manner: 10 percent shall be added on the first day of each calendar month following the month of the imposition of the 25 percent penalty if the tax remains unpaid—up to a maximum of 100 percent of the tax payable on the due date. Receipt of the tax payment by the City shall govern the determination of whether the tax is delinquent. Postmarks will not be accepted as adequate proof of a timely payment. (Ord. 559 11-4-14)

3.33.090 Additional penalties.

A. Any violation of this chapter shall constitute a public nuisance and infraction pursuant to the provisions of Chapters 4.16 and 4.28 of this municipal code. (Ord. 559 11-4-14)
B. The amount of any tax, interest and penalty imposed by this Chapter shall be deemed a debt to the city.

Item Number: 4.

C. The remedies in this Chapter are cumulative, and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City.

D. Any person owing any tax and related interest and penalty under the provisions of this Chapter shall be liable in an action brought in the name of the City in any court of competent jurisdiction for recovery of any such amount.

E. Except as otherwise provided, the amendment or repeal of any portion of this Chapter or other portions of this code affecting this Chapter shall not be construed to operate as a release or waiver of any liability or sum of money which may be due or owing to the City from any person under the provisions of said code as they existed prior to such amendment or repeal.

3.33.100 Records inspection.

Whenever it is necessary to examine any books or records, including tax returns, of any entity subject to the provisions of this chapter, to ascertain the amount of any tax due pursuant to this chapter, the City shall have the power and authority to examine such necessary books and records at any reasonable time including, but not limited to, during normal business hours. Records must be maintained for at least seven years. (Ord. 559 11-4-14)

3.33.110 Application of provisions.

No payment of any tax required under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this chapter implies or authorizes that any activity connected with the cultivation, possession or provision of marijuana is legal unless otherwise authorized and allowed by the State of California and permitted by the City. (Ord. 559 11-4-14)

3.33.120 Operative date.

This tax shall become operative commencing upon the effective date of an ordinance permitting persons and entities to cultivate and sell, distribute, exchange, deliver or provide marijuana within the jurisdictional boundaries of the City of Desert Hot Springs.

The City shall provide a six-month cultivation tax ramp-up period for any new cultivation facility. (Ord. 559 11-4-14)
Section 3. AMENDMENT OF SECTION 3.35.005 TITLED
“IMPOSITION OF TAX” OF CHAPTER 3.35 “MEDICAL
MARIJUANA CULTIVATION TAX” OF THE DESERT HOT

SPRINGS MUNICIPAL CODE (FOR MEDICAL MARIJUANA

CULTIVATION)
Item Number: 4.

The following sections of Chapter 3.35 of the Municipal Code shall be amended to read as follows, and all other sections in the Chapter 3.35 shall remain in full force and effect and untouched:

3.35.005 Imposition of tax.

Every medical marijuana collective, cooperative, dispensary, operator, establishment, provider or other type of entity legally cultivating medical marijuana in the City, consistent with the provisions of the Medical Marijuana Program Act (California Health and Safety Code Section 11362.5 et seq.), shall pay an annual tax of Seven Dollars and Fifty Cents ($7.50) $10 per square foot for space utilized in connection with the cultivation of marijuana for medical use. (Ord. 733 3-2-21; Ord. 559 11-4-14)

3.35.010 Purpose of tax.

The purpose of this tax is to raise revenue to fund general municipal services. (Ord. 559 11-4-14)

3.35.020 Qualified patients and caregivers.

This tax shall not be specifically charged or assessed to any qualified patient or primary caregiver. Payment and remittance of the tax to the City shall solely be the responsibility of the medical marijuana collective, cooperative, dispensary, operator, establishment, provider or other type of entity, that is authorized to legally cultivate medical marijuana, within the City, consistent with the provisions of the Medical Marijuana Program Act (California Health and Safety Code Section 11362.5 et seq.). (Ord. 559 11- 4-14)

3.35.030 Medical Marijuana Program Act.

Unless otherwise specifically provided in this chapter, the words, terms and phrases used in this chapter shall have the same meanings set forth in the Medical Marijuana Program Act (California Health and Safety Code Section 11362.5 et seq.). (Ord. 559 11- 4-14)

3.35.040 Space.
“Space utilized in connection with the cultivation of medical marijuana” shall mean any horizontal canopy space used space ground, floor or other surface area (whether horizontal or vertical) which is used which is used during the marijuana germination, seedling, vegetative, pre-flowering, flowering and harvesting phases related to the growth cycle of the marijuana plant, to include areas where live plants are present. , including without limitation any space used for activities such as growing, planting, seeding, germinating, “Space” shall exclude the area used for lighting, warming, Item Number: 4.

cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any products, supplies or equipment related to any such activities, no matter where such storage may take place or such storage space may be located. (Ord. 559 11-4-14)

3.35.050 Annual adjustment.

The taxes imposed by this chapter shall be adjusted annually beginning on July 1, 2015, and July 1st of each succeeding year based on the Consumer Price Index (CPI) for all urban consumers in the Los Angeles-Riverside-Orange County areas as published by the United States Government Bureau of Labor Statistics; however, no adjustment shall decrease any tax imposed by this chapter, unless approved by the City Council. (Ord. 559 11-4-14)

3.35.060 Remittance.

The taxes imposed by this chapter shall be remitted to the City biennially, on or before December 31st and June 30th every year. (Ord. 559 11-4-14)

3.35.070 Modification, repeal or amendment.

The City Council may repeal this chapter, or amend it in a manner which does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein, without further voter approval. If the City Council repeals any provision of this chapter, it may subsequently reenact it without voter approval, as long as the reenacted provision does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein. (Ord. 559 11-4-14)

3.35.080 Administration.

The City Manager, or designee, and/or the City Council by ordinance, may promulgate regulations to implement and administer the provisions of this chapter. (Ord. 559 11-4-14)

3.35.090 Penalties.

Any entity that fails to pay the taxes required by this chapter within 30 days after the due date shall pay in addition to the taxes a penalty for nonpayment in a sum equal to 25 percent of the total amount due. Additional penalties will be assessed in the following manner: 10 percent shall be added on the first day of each calendar month following the month of the imposition of the 25 percent penalty if the tax remains unpaid—up to a maximum of 100 percent of the tax payable on the due date. Receipt of the tax payment in the office shall govern the determination of whether the tax is delinquent. Postmarks will not be accepted as adequate proof of a timely payment. (Ord. 559 11-4-14) Item Number: 4.

3.35.100 Additional penalties.

A. Any violation of this chapter shall constitute a public nuisance and infraction pursuant to the provisions of Chapters 4.16 and 4.28 of this municipal code. (Ord. 559 11-4-14)
B. The amount of any tax, interest and penalty imposed by this Chapter shall be deemed a debt to the city.

C. The remedies in this Chapter are cumulative, and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City.

D. Any person owing any tax and related interest and penalty under the provisions of this Chapter shall be liable in an action brought in the name of the City in any court of competent jurisdiction for recovery of any such amount.

E. Except as otherwise provided, the amendment or repeal of any portion of this Chapter or other portions of this code affecting this Chapter shall not be construed to operate as a release or waiver of any liability or sum of money which may be due or owing to the City from any person under the provisions of said code as they existed prior to such amendment or repeal.

3.35.110 Records inspection.

Whenever it is necessary to examine any books or records, including tax returns, of any entity subject to the provisions of this chapter, to ascertain the amount of any tax due pursuant to this chapter, the City shall have the power and authority to examine such necessary books and records at any reasonable time including, but not limited to, during normal business hours. Records must be maintained for at least seven years. (Ord. 559 11-4-14)

3.35.120 Application of provisions.

No payment of any tax required under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this chapter implies or authorizes that any activity connected with the cultivation, possession or provision of marijuana is legal unless otherwise authorized and allowed by the State of California for medical purposes and permitted by the City. (Ord. 559 11-4-14)

3.35.130 Operative date.

This tax shall become operative commencing upon the effective date of an ordinance permitting marijuana collectives, cooperatives, dispensaries, operators, establishments, providers or other type of entities to sell, distribute, exchange, deliver, provide or dispense Item Number: 4.

medical marijuana within the jurisdictional boundaries of the City of Desert Hot Springs.

The City shall provide a six-month cultivation tax ramp-up period for any new cultivation facility. (Ord. 559 11-4-14)
Section 4. AMENDMENT OF SECTION 5.50.070 TITLED “GENERAL SECURITY REQUIREMENTS” OF THE DESERT HOT

SPRINGS MUNICIPAL CODE
The following Section 5.50.050, “General Security Requirements” of the Municipal Code shall be amended to read as follows:

5.50.070 General security requirements.

A. Each cannabis facility shall develop and implement, to the City Manager or designee’s satisfaction, a security plan to prevent unauthorized entry to the cannabis facility and to prevent theft or unlawful trafficking of cannabis and cannabis goods.

Security plans shall contain the following measures:

1. Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 90 days of digitally recorded documentation in a format approved by the City Manager or designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras shall include, but are not limited to, public areas, limited-access areas, storage areas, transportation areas, employee areas, all doors and windows, and any other areas as determined to be necessary by the City Manager or designee. a. The security cameras shall have sufficient battery backup to support a minimum of 15 minutes of recording in the event of a power outage. b. The City Manager and designee shall have access to the security cameras of each cannabis facility at any time, including remote access. The City Manager or designee may duplicate and/or take possession of recordings made by the security cameras. No search warrant or subpoena shall be required. c. Cannabis facilities shall provide the City Manager or designee the computer monitoring application used, IP address and access usernames and passwords used to log in to the security camera system and view live footage, playback footage and to extract recordings.

2. The cannabis facility shall be alarmed with an audible interior and exterior alarm system, unless waived for extenuating circumstances by the City Manager or designee, that is operated and monitored by a recognized security company, deemed acceptable by the City Manager or designee. Any change in the security company shall be subject to the approval of the City Manager or designee. All current contact information regarding Item Number: 4.

the cannabis facility’s security company shall be provided to the City Manager or designee.

3. Entrance to the dispensing, cultivation, manufacturing, testing, or distribution areas and any storage areas shall be locked at all times, and under the control of cannabis facility staff.

4. All cannabis and cannabis goods shall be securely stored, and a reliable, commercial alarm system shall be installed and maintained where the cannabis and cannabis goods are secured.

5. A security guard, licensed by, and compliant with all regulations of the California Department of Consumer Affairs, Bureau of Security and Investigative Services shall be present only during business hours for storefront retailers and 24 hours a day for all other types of cannabis facilities. The security guard(s) must possess a valid security guard card and if armed a firearms permit issued by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. A cannabis facility may contract through a properly regulated private security company which private company complies with all State law requirements, including those of the Bureau of Cannabis Compliance. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code. The City must be notified of any change of a private security company if providing its own security guards.

6. Each cannabis facility shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis and cannabis goods and any currency.

B. The City Manager or designee and law enforcement shall have the right to enter any cannabis facility at any time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and all applicable laws.

1. The cannabis facility shall cooperate with the City Manager or designee who are conducting inspections or investigations relevant to the enforcement of laws and regulations related to this chapter.

C. Every cannabis facility shall notify the City Manager or designee within 24 hours after discovering any of the following:

1. Significant discrepancies identified during inventory. The level of significance shall be determined by the City.

2. Diversion, theft, loss, or any criminal activity pertaining to the operation of the retailer.

Item Number: 4.

3. Diversion, theft, loss, or any criminal activity by any agent or employee of a cannabis facility pertaining to the operation of the cannabis facility.

4. The loss or unauthorized alteration of records related to cannabis or cannabis products, registered qualifying patients, primary caregivers, or cannabis facility employees or agents.

5. Any breach of security. (Ord. 777 3-21-23; Ord. 729 2-16-21) Section 5. SEVERABILITY
That should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 7. AMENDING OF BAIL SCHEDULE

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

Section 8. EFFECTIVE DATE
That this ordinance shall take effect pursuant to law.

Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Item Number: 4.

_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk

APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney

Item Number: 4.

SR-23-228
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 3, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution of Intention to Annex APN 666-360-017 to the City of Desert Hot Springs Community Facilities District No. 2010-1
RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 48), and to authorize the levy of special taxes therein.

BACKGROUND:

On July 6, 2010, the City Council approved Resolution No. 2010-037 establishing Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs (the "CFD No. 2010-1" or "District") for the purpose of levying special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed upon the City. These maintenance services, include but are not limited to, the operation, administration and maintenance required to keep the landscaping, lighting, and maintenance and repair of public structures situated on parks, parkways, streets, roads, and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park, and the maintenance and operation of storm drainage and flood protection facilities, and drainage inlets and retention basins.

The Special Taxes levied by the District will provide funding for services and incidental expenses in connection with said services. It was anticipated that additional property would annex into CFD No. 2010-1 in future years as development continues. These annexed properties will be subject to the same special tax formula in the Rates and Method of Apportionment of Special Tax (“RMA”) as property that was included in the CFD No. 2010-1 at the time of its formation. As properties annex into CFD No. 2010-1, the City Council shall adopt annexation maps to reflect the inclusion of the Annexed Property.

DISCUSSION:

The services as described above may be funded with proceeds of the special tax of CFD No. 2010-1, as provided by Section 53313 of the California Government Code. The existing and new developments of residential and non-residential properties do not provide sufficient revenues to provide landscape maintenance and lighting services. The City formed CFD No. 2010-1 (Services) to address this shortfall, and to provide certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property.

Item Number: 5.

SR-23-228
Special Tax rates are based on District costs, maintenance category, as well as land use category.

These Special Tax rates are applied on a Benefit Unit (“BU”) basis determined by the property's Land Use Category, which are one (1) BU per single-family residential unit, six tenths (0.6) BU per multifamily unit, five (5) BUs per acre for commercial and hotel property, and two (2) BUs per acre for industrial and religious property. To accommodate the unknown maintenance costs of future projects, properties are assigned Maintenance Categories with a rate per BU for providing services to those parcels. There are 36 Maintenance Categories included in the Rates and Method of Apportionment.

These 36 Maintenance Categories range from $20.00 to $5,000.00 per BU, which is determined by their Land Use Category. After a Maintenance Category has been assigned, the Special Tax levied adjusts annually by the greater of the Consumer Price Index or two- and one-half percent at the beginning of each following fiscal year. The City can levy less than the maximum annual special tax if the full amount is not needed, but never more. Maintenance Category assignments can be seen in Exhibit C of the attached CFD No. 2010-1 Resolution. The proposed annexation to the District consists of approximately 4.00 acres.

This forty-eighth annexation to the District will increase CFD No. 2010-1 by one parcel, 4.00 nonresidential acres.

Subject to the approval of the City Council tonight, a public hearing on the annexation will be scheduled for Tuesday, November 7, 2023. This is a landowner election since there are fewer than 12 registered voters within the annexation area. Pursuant to waiver of election time limits from the landowner, a ballot will be mailed in advance of the public hearing. At the closing of the public hearing, an election of the qualified electors (landowners in the District) will be held to determine if the electors approve the annexation to the District and the levy of the special tax.

FISCAL IMPACT:

Currently, existing and new development generates insufficient General Fund revenues to pay for the General Fund expenses of serving the area. The District provides the City additional funding for a portion of landscape maintenance, lighting, and drainage basin service costs (i.e. landscaping, lighting, and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space). A portion of the operations funding will be derived from alternative funding sources including other special districts and the City's General Fund.

All costs associated with the annexation to CFD No. 2010-1 are to be paid for by the property owners/developers who are participating in the annexation to CFD No. 2010-1 through an application fee of $5,000. The costs associated with this annexation to CFD No. 2010-1 is paid by the property owner. The property owner is responsible for all costs and payment of associated levy amounts applied to the annual tax roll for maintenance services.

ATTACHMENTS:
1) CFD 2010-1 Annex 48 - Resolution of Intent
1A) CFD 2010-1 Annex 48 - Description of Territory
1B) CFD 2010-1 Annex 48 - Boundary Map
1C-1) CFD 2010-1 Annex 48 - RMA
1C-2) CFD 2010-1 Annex 48 - RMA
1D) CFD 2010-1 Annex 48 - Notice
1E) CFD 2010-1 Annex 48 - Ballot
1F) CFD 2010-1 Annex 48 - Petition Waiver Consent
2) CFD 2010-1 Annex 48 - Map PTAX2 Zones
Item Number: 5.

SR-23-228
3) CFD 2010-1 Annex 48 - Council Properties Map
Item Number: 5.

Resolution No. 2023-______
Date Adopted: October 3, 2023

RESOLUTION NO. 2023-_________

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

SPRINGS DECLARING ITS INTENTION TO ANNEX TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES) OF THE

CITY OF DESERT HOT SPRINGS, ADOPTING A MAP OF THE AREA
PROPOSED TO BE ANNEXED (ANNEXATION NO. 48), AND TO

AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, on July 6, 2010 the City Council (the “City Council”) of the City of Desert Hot Springs (the “City”) approved Resolution No. 2010-037 establishing Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, County of Riverside, State of California (the "CFD No. 2010- 1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council called a special election for July 6, 2010, at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2010-1 were submitted to the qualified electors within the CFD No. 2010-1; and
WHEREAS, on July 6, 2010, the City Council adopted Resolution No. 2010-038 determining the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2010-1 (SERVICES) OF THE CITY OF DESERT HOT SPRINGS, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Intent. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit "A" attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

Section 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2010-1 (Services).” Section 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries for which property may annex to CFD No. 2010-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, County of Riverside, State of California,” as recorded on June 8, 2010 in Book 74 of Maps of Assessment and Community Facilities District, Page 81, and as Instrument No. 2010-0263725 in the official records of the County of Riverside. The territory proposed to be annexed to the CFD No. 2010-1 is described in Exhibit "A" attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 48, Community Facilities District No. 2010-1 (Services), City of Desert Hot Springs, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit B.

Item Number: 5.

Resolution No. 2023-______
Date Adopted: October 3, 2023

Section 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2010-1 (the “Services”) include, without limitation, all necessary service, operation, administration and maintenance required to keep the lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park, and the maintenance and operation of storm drainage and flood protection facilities including, without limitation, drainage inlets and retention basins. The cost of providing the Services includes “incidental expenses,” which include costs associated with the creation of CFD No. 2010-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2010-1. The Services authorized to be financed by CFD No. 2010-1 are in addition to those currently provided in the territory of CFD No. 2010-1 and do not supplant services already available within that territory.

Section 5. Levy of Special Tax. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2010-1, will be levied annually within the territory proposed to be annexed to the CFD No. 2010-1. Pursuant to Section 53340 of the California Government Code, and the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The rates and method of apportionment, and manner of collection of the special tax are specified in Exhibit C. The rate of special tax to be levied on property within the territory proposed to be annexed to CFD No. 2010-1 in any fiscal year to pay the cost of the services described in Section 4 above shall be equal to the rate of special tax which will be levied on all other property within the CFD No. 2010-1 to pay the cost of such services in such fiscal year.

Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to CFD No. 2010-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than fifteen days prior to the date of the hearing specified in Section 7 hereof.

Section 7. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on November 7, 2023, in the City Council Chambers located at 11-999 Palm Drive, Desert Hot Springs, California 92240, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of said territory to the CFD No. 2010-1.

Section 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit D, one time in a newspaper of general circulation published in the area of CFD No. 2010-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

Section 9. Mailing Ballots. In anticipation of its action on Tuesday, November 7, 2023, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2010-1 a ballot in substantially the form set forth in Exhibit E hereto. A copy of the petition, waiver and consent form signed by the property owner is attached hereto as Exhibit F and incorporated herein by this reference.

Item Number: 5.

Resolution No. 2023-______
Date Adopted: October 3, 2023

Section 10. Effective Date. This Resolution shall take effect immediately upon its passage.

Dated: October 3, 2023
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a special meeting held on this third day of October 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 5.

Resolution No. 2023-______
Date Adopted: October 3, 2023

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on October 3, 2023, of which meeting all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

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

Dated: October 3, 2023
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 5.

EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
Item Number: 5.

EXHIBIT B

ANNEXATION MAP
Item Number: 5.

EXHIBIT C
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)

RATE AND METHOD OF APPORTIONMENT
Item Number: 5.

EXHIBIT D

NOTICE OF PUBLIC HEARING
Item Number: 5.

EXHIBIT E

SPECIAL ELECTION BALLOT
Item Number: 5.

EXHIBIT F

WAIVER AND CONSENT RESPECTING CONDUCT OF

MAILED-BALLOT, LANDOWNER ELECTION
Item Number: 5.

EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Desert Hot Springs Community Facilities District No. 2010-1 (the “CFD No. 2010-1”) Annexation No. 48 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APN).

APN Owner Name
666-360-017 Snider Investments, LLC
Item Number: 5.

SHEET 1 OF 1 SHEET
M:\GIS-Assessment\DHS\Boundary_CFD2010-1_Annex48.mxd
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THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL

OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND

DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2023-2024.

ANNEXATION MAP NO. 48
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)

CITY OF DESERT HOT SPRINGS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

VICINITY MAP

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10 PARCEL IDENTIFICATION NUMBER
LEGEND

CFD BOUNDARY

PARCEL LINE

FILED IN THE OFFICE OF THE CITY CLERK,
CITY OF DESERT HOT SPRINGS, THIS ____
DAY OF _______, 20___.
____________________________________

CITY CLERK

CITY OF DESERT HOT SPRINGS
RECORDED THIS ____ DAY OF ___________,
20___, AT THE HOUR OF ____ O'CLOCK __M, IN
IN BOOK ___ PAGE ___ OF MAPS OF ASSESSMENT

AND COMMUNITY FACILITIES DISTRICTS IN THE

OFFICE OF THE COUNTY RECORDER, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.

FEE: ____________ NO.: _______________

PETER ALDANA, ASSESSOR, COUNTY CLERK,

RECORDER
BY: ______________________________________
DEPUTY

THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2010-1 (SERVICES) OF THE CITY OF DESERT HOT

SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY

FACILITIES DISTRICT ARE SHOWN AND DESCRIBED

ON THE MAP THEREOF WHICH WAS PREVIOUSLY
RECORDED ON JUNE 8, 2010, IN BOOK 74 OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS
AT PAGE 81 AND AS INSTRUMENT NO. 2010-0263725,

IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.

I HEREBY CERTIFY THAT THE WITHIN MAP OR AREAS

TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 2010-1 (SERVICES) OF THE CITY OF

DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE

OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL

OF THE CITY OF DESERT HOT SPRINGS AT A REGULAR
MEETING THEREOF, HELD ON THE ___________ DAY OF
_____________________, 20___, BY ITS RESOLUTION
NO.________________.
______________________________

CITY CLERK
CITY OF DESERT HOT SPRINGS 666-360-017
Item Number: 5.

EXHIBIT C-1
City of Desert Hot Springs C-1
Community Facilities District No. 2010-1 (Services)

RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)

OF THE CITY OF DESERT HOT SPRINGS
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2010-1 (Services), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2010, in an amount determined by the City Council of the City of Desert Hot Springs, acting ex officio as the legislative body of CFD No. 2010-1, by applying the rates and method of apportionment set forth below. All of the real property in CFD No. 2010-1, unless exempted by law or by the provisions herein, shall be taxed for the purposes, to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax Requirement which are incurred by the City on behalf of CFD No. 2010-1 related to the determination of the amount of the levy of Special Tax, the collection of Special Tax including the expenses of collecting delinquencies, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2010-1, and costs otherwise incurred in order to carry out the authorized purposes relating to CFD No. 2010-1.
“Administrator” means the City of Desert Hot Springs City Manager of the City, or his or her designee.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Taxable Property, as determined in accordance with Section C., below.

Item Number: 5.

City of Desert Hot Springs C-2
Community Facilities District No. 2010-1 (Services)
“Benefit Unit” means a single family residential lot or dwelling unit or the equivalent.

Single Family Property is assigned benefit units based on the number of Residential Units per Assessor’s Parcel with the basis being one (1) benefit unit per Residential Unit. MultiFamily Residential Property is assigned 60 percent of one benefit unit, or six-tenths (0.6) benefit units, per Residential Unit. Commercial Property is assigned benefit units based on acreage with the basis being five (5) benefit units per acre. Hotel Property is assigned benefit units based on acreage with the basis being five (5) benefit units per acre. Industrial Property is assigned benefit units based on acreage with the basis being two (2) benefit units per acre.

Religious Property is assigned benefit units based on acreage with the basis being two (2) benefit units per acre.
“CFD” or “CFD No. 2010-1” means the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services).
“City” has the meaning set forth in the preamble.
“Commercial Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, video rental stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronic stores, home supply stores, auto parts stores, and other businesses providing auto-related products and services. The Administrator shall make the determination if an Assessor’s Parcel is Commercial Property. “County” means the County of Riverside
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision
“Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Hotel Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. The Administrator shall make the determination if an Assessor’s Parcel is Hotel Property. “Industrial Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for construction of an industrial, manufacturing, or warehousing structure. The Administrator shall make the determination if an Assessor’s Parcel is Industrial Property.

Item Number: 5.

City of Desert Hot Springs C-3
Community Facilities District No. 2010-1 (Services)
“Land Use Category” means any of the categories contained in Table 1 hereof to which a Parcel is assigned consistent with the land use approvals that have been received or proposed for the Parcel as of March 1 preceding the beginning of a Fiscal Year. “Maintenance Category” means any of the categories listed in Table 2 hereof to which an Assessor’s Parcel is assigned consistent with the rate per Benefit Unit for providing Services to said Assessor’s Parcel as determined by the Administrator. “Maximum Special Tax Rate(s)” means the Maximum Special Tax for each Land Use Category of Taxable Property, as determined in accordance with Section C., below. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the general public and under common management. “Religious Property” means any Assessor’s Parcel used as a place of worship or for other religious activities. The Administrator shall make the determination if an Assessor’s Parcel is Religious Property.
“Residential Unit” means, for each Fiscal Year, a building or portion thereof on an Assessor’s Parcel intended for use by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single family and multifamily dwellings. Residential Unit shall not include hotels or motels which shall be classified as Hotel Property.
“Services” means those services authorized to be funded by CFD No. 2010-1 as set forth in the documents adopted by the City Council when the CFD was formed.. “Single Family Residential Property” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
“Special Tax(es)” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
"Special Tax Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2010-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for Bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2010-1, which are not Exempt Property.

Item Number: 5.

City of Desert Hot Springs C-4
Community Facilities District No. 2010-1 (Services)
B. ASSIGNMENT TO LAND USE AND MAINTENANCE CATEGORY
The Special Tax shall be levied annually upon each Assessor’s Parcel of Taxable Property for each Fiscal Year according to the Land Use Category and Maintenance Category assigned. Each Fiscal Year the Administrator shall identify the current Assessor’s Parcel Number assigned to all Assessor’s Parcels of Taxable Property within CFD No. 2010-1 and determine which Land Use Category each Assessor’s Parcel should be assigned to according to Table 1 below. The Administrator shall further assign the appropriate Maintenance Category contained in Table 2 according to the estimated cost for providing Services to the Assessor’s Parcel.

TABLE 1
Land Use Category
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Land Use
Category Description Benefit Unit(s)
A Single Family Residential Property One (1) / Residential Unit B Multi-Family Residential Property Six tenths (0.6) / Residential Unit C Commercial Property Five (5) / Acre
D Hotel Property Five (5) / Acre
E Industrial Property Two (2) / Acre
F Religious Property Two (2) / Acre
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2010-1, is an Exempt Property.

Item Number: 5.

City of Desert Hot Springs C-5
Community Facilities District No. 2010-1 (Services)
C. MAXIMUM SPECIAL TAX RATES
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property assigned to each Maintenance Category shall be the greater of: (i) the applicable Assigned Special Tax described in Table 2 for such Maintenance Category or (ii) the amount derived by application of the Backup Special Tax.
a. Assigned Special Tax
The Assigned Special Tax for each Assessor’s Parcel of Taxable Property is shown in Table 2 is fixed and does not increase each Fiscal Year. For each Fiscal Year following the first Fiscal Year an Assessor’s Parcel is levied the applicable Assigned Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two and one half percent (2.50%), whichever is greater on each subsequent July 1 for the Fiscal Year then commencing.
b. Backup Special Tax
The Backup Special Tax shall equal the Assigned Special Tax that is applicable to an Assessor’s Parcel as determined for the current Fiscal Year the tax is calculated.

Notwithstanding the foregoing, if Assessor’s Parcels classified or to be classified as Taxable Property is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified.

When a Final Map is recorded, the Backup Special Tax for an Assessor’s Parcel classified or to be classified as Commercial Property, Industrial Property, or Religious Property within such Final Map shall be determined by multiplying the Assigned Special Tax rate per Benefit Unit by the Proposed Benefit Units or Acreage of Commercial Property, Industrial Property, or Religious Property described in Table 4 of Section G., in such Final Map and dividing such amount by the number of Taxable Acres classified or to be classified as Commercial Property, Industrial Property, or Religious Property (i.e., the number of acres) within such Final Map.

When a Final Map is recorded, the Backup Special Tax for an Assessor’s Parcel classified or to be classified as Single Family Residential Property or Multi-Family Residential Property within such Final Map shall be determined by multiplying the Assigned Special Tax rate per Benefit Unit by the Proposed Benefit Units of Single Family Residential Property or MultiFamily Residential Property described in Table 4 of Section G., in such Final Map and dividing such amount by the number of Assessor’s Parcels classified or to be classified as Single Family Residential Property or Multi-Family Residential Property (i.e., the number of single family residential lots) within such Final Map.

For each Fiscal Year following Fiscal Year 2010-2011 the Backup Special Tax shall increase by the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or by two and one half percent (2.50%), whichever is greater.

Item Number: 5.

City of Desert Hot Springs C-6
Community Facilities District No. 2010-1 (Services)
TABLE 2
Assigned Special Tax Rates
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Maintenance
Category
Assigned Special Tax
Rate Per Benefit Unit
1 $20.00
2 $30.00
3 $40.00
4 $50.00
5 $60.00
6 $70.00
7 $80.00
8 $90.00
9 $100.00
10 $150.00
11 $200.00
12 $250.00
13 $300.00
14 $350.00
15 $400.00
16 $450.00
17 $500.00
18 $550.00
19 $600.00
20 $650.00
21 $700.00
22 $750.00
23 $800.00
24 $850.00
25 $900.00
26 $950.00
27 $1,000.00
28 $1,250.00
29 $1,500.00
30 $2,000.00
31 $2,500.00
32 $3,000.00
33 $3,500.00
34 $4,000.00
35 $4,500.00
36 $5,000.00
Item Number: 5.

City of Desert Hot Springs C-7
Community Facilities District No. 2010-1 (Services)
TABLE 3
Assignment to Land Use Category
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Assessor Parcel No. Land Use Category Maintenance Category 642-081-006 B 15
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
For each Fiscal Year, the City shall determine the total amount of the Special Tax Requirement to be levied and collected to pay the costs of providing the Services during the Fiscal Year and shall levy the Special Tax as determined by the actual cost of providing services as shown in Exhibit A on all Assessor’s Parcels in all Land Use Categories and Maintenance Categories at the rates necessary to fully fund such costs; provided that such rates shall not exceed the Maximum Special Tax Rates for the Fiscal Year. In levying the Special Tax to fund the costs of providing the Services in each Fiscal Year, the City shall (a) determine the cost of providing the Services and the amount of the Special Tax per Benefit Unit to be levied on Assessor’s Parcels in each Maintenance Category to provide such Services; (b) levy the Special Tax on all Assessor’s Parcels in each Maintenance Category, as then applicable, based on the Benefit Units assigned to such Assessor’s Parcels depending on the Land Use Categories to which they are assigned. The amount of the Special Tax to be levied on any Assessor’s Parcel in any Fiscal Year shall be the total of the rates of Special Tax determined pursuant to clauses (a) and (b) above, to the extent that such clauses are applicable to the Assessor’s Parcel, based on the Land Use Category and Maintenance Category to which the Assessor’s Parcel is assigned and the Services which must be funded from the total amount of the Special Tax per Benefit Unit to be levied on all Assessor’s Parcels in the same Maintenance Category to fund the costs of such Services.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2010-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed will be assigned to the appropriate Maintenance Category and the appropriate Assigned Tax rate contained in Table 2.

F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Tax shall be levied in perpetuity as long as the Services are being provided.

Item Number: 5.

City of Desert Hot Springs C-8
Community Facilities District No. 2010-1 (Services)
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2010-1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.

Notwithstanding the foregoing, the classification of Exempt Property shall not reduce the Benefit Units or Acreage to less than the amount shown in Table 4 below.

TABLE 4
Proposed Benefit Units and Acreage
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Assessor Parcel No. Benefit Units Acreage
642-081-006 36 4.43
H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2010-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2010-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

Item Number: 5.

Item Number: 5.

Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #3 – March 2013
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 641-251-017 C 10 9.35 1.87
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #4 – September 2014
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 663-290-003 C 25 34.05 6.81
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #5– August 2015
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 656-020-037 C 16 36.05 7.21
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #6 – September 2015
Assessor’s Parcel No. Land Use Category Maintenance
Category Benefit Units Acreage
642-162-017 C 23 3.8 0.76
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #7 – Failed
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #8 – December 2016
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 657-030-057 C 19 5.35 1.07
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #9 – May 2017
Assessor’s Parcel
No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-062 E 34 2.14 1.07
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #10 – Failed
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #11 – May 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-063 E 35 7.56 3.78
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #12 – Failed
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #13 – May 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-080-013 E 32 18.84 9.42
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #14 – March 2018
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 641-101-005 C 36 .90 0.18
641-101-006 C 36 .75 0.15
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #15 – September 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-058 E 36 4.26 2.13
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #16 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 660-160-010 C 32 6.25 1.25
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #17 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-017 E 31 2.52 1.26
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #18 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-049 E 36 2.52 1.26
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #19 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 663-270-004 E 31 29.24 14.62
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #20 – Failed
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #21 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 641-092-049 C 34 2.55 0.51
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #22 – January 2018
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-037 E 34 5.04 2.52
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #23 – October 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 663-280-025 C 28 91.25 18.25
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #24 – November 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-060 C 31 9.05 1.81
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #25 – January 2018
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-040-017 E 36 2.52 1.26
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #26 – January 2018
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-110-004 C 36 187.15 37.43
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #27 – November 2017
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
666-340-004 E 31 247.82 123.91
666-340-006 E 31 59.04 29.52
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #28 – March 2018
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-050-021 E 36 2.24 1.12
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #29 – May 2018
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
666-370-012 E 36 9.42 4.71
666-370-013 E 36 18.80 9.40
666-370-014 E 36 18.78 9.39
666-370-015 E 36 9.36 4.68
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #30 – May 2018
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
663-270-001 C 29 48.75 9.75
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #31 – June 2018
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
663-280-005 E 36 19.54 9.77
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #32 – January 2019
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
639-281-001 C 36 .75 .15
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #33 – On Hold
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #34 – On Hold
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #35 – November 2019
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-030-051 E 36 2.14 1.07
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #36 – November 2019
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-030-052 E 36 2.14 1.07
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #37 – January 2020
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-110-006 E 36 32 16
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #38 – On Hold
Item Number: 5.

Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #39 – July 2021
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
641-041-044 C 19 1.5 0.3
641-041-045 C 19 1.5 0.3
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #40 – On Hold
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #41 – June 2021
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
656-470-001 A 16 1 0.21
656-470-002 A 16 1 0.17
656-470-003 A 16 1 0.17
656-470-004 A 16 1 0.17
656-470-005 A 16 1 0.17
656-470-006 A 16 1 0.17
656-470-007 A 16 1 0.17
656-470-008 A 16 1 0.17
656-470-009 A 16 1 0.17
656-470-010 A 16 1 0.17
656-470-011 A 16 1 0.17
656-470-012 A 16 1 0.17
656-470-013 A 16 1 0.19
656-470-014 A 16 1 0.17
656-470-015 A 16 1 0.17
656-470-016 A 16 1 0.17
656-470-017 A 16 1 0.17
656-470-018 A 16 1 0.17
656-470-019 A 16 1 0.17
656-470-020 A 16 1 0.17
656-470-021 A 16 1 0.17
656-470-022 A 16 1 0.17
656-470-023 A 16 1 0.17
Item Number: 5.

Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
656-470-024 A 16 1 0.17
656-470-025 A 16 1 0.17
656-470-026 A 16 1 0.17
656-470-027 A 16 1 0.17
656-470-028 A 16 1 0.28
656-470-029 A 16 1 0.19
656-470-030 A 16 1 0.17
656-470-031 A 16 1 0.17
656-470-032 A 16 1 0.17
656-470-033 A 16 1 0.17
656-470-034 A 16 1 0.17
656-470-035 A 16 1 0.17
656-470-036 A 16 1 0.17
656-470-037 A 16 1 0.17
656-470-038 A 16 1 0.17
656-470-039 A 16 1 0.17
656-470-040 A 16 1 0.17
656-470-041 A 16 1 0.17
656-480-001 A 16 1 0.19
656-480-002 A 16 1 0.20
656-480-003 A 16 1 0.20
656-480-004 A 16 1 0.19
656-480-005 A 16 1 0.19
656-480-006 A 16 1 0.28
656-480-007 A 16 1 0.17
656-480-008 A 16 1 0.17
656-480-009 A 16 1 0.17
656-480-010 A 16 1 0.17
656-480-014 A 16 1 0.17
656-480-015 A 16 1 0.17
656-480-016 A 16 1 0.17
656-480-017 A 16 1 0.17
656-480-018 A 16 1 0.17
656-480-029 A 16 1 0.18
656-480-030 A 16 1 0.18
656-480-036 A 16 1 0.25
656-480-037 A 16 1 0.27
656-480-038 A 16 1 0.25
656-480-039 A 16 1 0.19
656-490-001 A 16 1 0.17
656-490-002 A 16 1 0.17
656-490-013 A 16 1 0.18
656-490-014 A 16 1 0.17
656-490-015 A 16 1 0.17
656-490-016 A 16 1 0.17
Item Number: 5.

Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
656-490-029 A 16 1 0.17
656-490-030 A 16 1 0.17
656-490-031 A 16 1 0.17
656-490-032 A 16 1 0.17
656-490-033 A 16 1 0.17
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #42 – September 2021
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-030-064 E 31 6.28 3.14
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #43 – December 2021
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
664-144-005 C 31 0.9 0.18
644-151-004 C 31 1.7 0.34
644-151-005 C 31 1.5 0.30
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #44 – On Hold
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
666-310-011 E 36 26.32 13.16
Community Facilities District No. 2010-1 (Services)
Item Number: 5.

City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #45 – December 2021
Assessor’s
Parcel No. Land Use Category Maintenance Category
Benefit
Units Acreage
639-212-019 C 36 0.90 0.18
639-212-020 C 36 0.80 0.16
639-212-021 C 36 0.80 0.16
639-212-022 C 36 0.80 0.16
639-212-023 C 36 0.90 0.18
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #46 – On Hold
Assessor’s
Parcel No. Land Use Category Maintenance Category
Benefit
Units Acreage
656-020-045 C 33 10.05 2.01
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #47 – June 2022
Assessor’s
Parcel No. Land Use Category Maintenance Category
Benefit
Units Acreage
656-040-052 C 36 7.70 1.54
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #48 – In Progress
Assessor’s
Parcel No. Land Use Category Maintenance Category
Benefit
Units Acreage
666-360-017 E 36 8.00 4.00
Item Number: 5.

EXHIBIT D

NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX

TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
NOTICE IS HEREBY GIVEN that the City Council of the City of Desert Hot Springs on October 3, 2023, adopted its Resolution No. 2023-____, on file with the City Clerk, in which it declared its intention to annex territory to existing Community Facilities District No. 2010-1 (Services) (the "CFD No. 2010-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed, specifies the type of services to be financed, and describes the rates and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2010-1 is proposed. For further details, the resolution is available at the Office of the City Clerk, 11-999 Palm Drive, Desert Hot Springs, CA 92240.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, on Tuesday, November 7, 2023, in the City Council Chambers located at 11-999 Palm Drive, Desert Hot Springs, CA 92240, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of said territory to the CFD No. 2010-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard.

DATED: ____________, 2023 _________________________________________ City Clerk of the City of Desert Hot Springs
Item Number: 5.

SPECIAL TAX ELECTION

CITY OF DESERT HOT SPRINGS

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
ANNEXATION NO. 48
(November 7, 2023)
This ballot is for the use of the authorized representative of the following owner of land within the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) (“CFD No. 2010-1”) Annexation No. 48:

Name of Landowner Number of Acres Owned Total Votes
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Desert Hot Springs (the “City”), the abovenamed landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcel identified below, which parcel is located within the territory proposed to be annexed to the CFD No. 2010-1, City of Desert Hot Springs, County of Riverside, State of California. Please advise the City Clerk, at (760) 329-6411 – Ext. 107, if the name set forth below is incorrect or if you are no longer one of the owners of this parcel. This special tax ballot may be used to express either support for, or opposition to, the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail in an adequate amount of time so that the City Clerk receives the signed ballot no later than November 7, 2023, the date set for the election.

Personal
Delivery: If in person, deliver to the City Clerk’s office (11-999 Palm Drive, Desert Hot Springs, 92240) any time before 4:00 p.m. on November 7, 2023. If after 4:00 p.m., please deliver to the City Clerk, at the City Council Chambers (11-999 Palm Drive, Desert Hot Springs, 92240) no later than 6:00 p.m.

However delivered, this ballot must be received by the City Clerk prior to the close of the public meeting on November 7, 2023.

Very truly yours,
Geoffrey Buchheim
Administrative Services Director
Item Number: 5.

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
ANNEXATION NO. 48
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE
MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of Desert Hot Springs be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex Territory to Community Facilities District No. 2010-1 (Services) adopted by the City Council on October 3, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 48 of Community Facilities District No. 2010-1 (Services) City of Desert Hot Springs, County of Riverside,” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses)? YES _________

NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Owner Name,
Signature
Print Name
Title
Item Number: 5.

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2 Item Number: 5.

PTAX 2 ZONE MAP
Source: Riverside Co. GIS, 2023.
18TH AVE
15TH AVE
ATLA
NTIC
A
VE
14TH AVE
12TH ST
CA
CTUS D
R

HACIENDA AVE
IN
DIA
N
CA
N
YO
N
D
R
16TH AVE

MISSION LAKES BLVD
PALM
D
R
LITTLE
M
O
R
O
N
G
O
R
D
C
H
OLLA
D
R
8TH ST
VE
R
B
E
NA
D
R

L TI TLE
M
O
R
O
N
G
O
R
D
PALM
D
R

DILLON RD

PIERSON BLVD
20TH AVE

VARNER RD
KA
R
E
N
A
VE
111
62 10
Zone
1-13
Zone
31 Zone
32 Zone
35 Zone
15 Zone
16 Zone
34 Zone
17 Zone
28 Zone
20 Zone
27 Zone
22 Zone
23 Zone
19 Zone
21 Zone
26 Zone
33 Zone
30 Zone
29 Zone
14 Zone
24 Zone
36 Zone
37 Zone
1-13
Zone
1-13
Zone
1-13
Zone
1-13
Zone
1-13
Zone
43 Zone
48 Zone
49 Zone
54 LEGEND
PTAX 2 Zones (Existing)
1-13, Prior to Webb Administration
14, Hacienda Hills
15, Pierson Plaza
16, Vista Palms / Hacienda Ventures
17, Watermarke
19, DHS Properties Investment
20, MERJ LLC
21, La Plaza Center
22, Bunch Palms Trail
23, Willaim A. Conner
24, Snider Investments
26, Taco Bell
27, Tim Guderian
28, DHS Facilities
29, DHS Manna LLC
30, Desert Grow LLC
31, Oxford Properties
32, Coachillin Holdings LLC
33, Marapharm DHS California LLC
34, The Watermarke at DHS LLC
35, Blackstar Industrial Properties LLC
36, Snider Investments
37, Hot Desert Springs LLC
38, Green Bond LLC
40, Quick Quack Development LLC
41, Lenwood Hospitality 41 LLC
42, Lenwood Hospitality 42 LLC
43, Mirali Zarrabi
45, Watermarke Homes LLC
46, MSA8, LLC
48, Agua Dulce 73 LLC
49, DHS Investment Holdings LLC
51, Dollar General
53, Burger King
PTAX 2 Zones (Proposed)
54, Snider Investments LLC
M:\GIS-Assessment\DHS\PTAX2_all_11x17_Z54.mxd; Map revised 03 Aug 2023 0 4,000 8,000
Feet

CITY OF DESERT HOT SPRINGS
Zone
46 Zone
40 Zone
42 Zone
41 Zone
38 Zone
45 Zone
53 Zone
51 Item Number: 5.

CFD 2010-1 Annexation 48
Council Member Properties
Source: County of Riverside GIS, 2023.

CFD 2010-1
Annexation 48
20TH AVE

PALM DR
I 10

VARNER RD

MIHALYO RD

PALM DR

VERBENA DR
15TH
AVE
14TH AVE (TWO BUNCH PALMS TRL)

MONUMENT
ST

PAUL RD

DILLON RD

CABOT RD
I 10

LITTLE MORONGO RD

MESQUITE AVE

HACIENDA AVE
1ST ST PIERSON BLVD

SANTA CRUZ RD

MISSION LAKES BLVD

N INDIAN CANYON DR

VALENCIA DR
8TH ST
4TH ST

ACOMA AVE

MOUNTAIN VIEW RD
18TH AVE

IRONWOOD DR
M:\GIS-Assessment\DHS\CouncilProperties_CFD2010-1_Annex48.mxd; Map revised Sept. 12, 2019 0 6,000 12,000 Feet

CITY OF DESERT HOT SPRINGS
LEGEND
Annex48 (east of Calle De Los Romos and north of 19th Street) City Boundary
Council Member's Property
500 Foot Buffer
JP - Jan Pye
GG - Gary Gardner
RB - Russell Betts
SM - Scott Matas
RN - Roger Nunez
Item Number: 5.

SR-23-227
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 3, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution of Intention to Create a Special Tax Area Zone for Property APN 666-360-017 to the Desert Hot Springs Special Public Safety Tax Area RECOMMENDATION:

Adopt a Resolution of Intention which establishes the time and place of the Public Hearing to establish Zone 54 within the Special Public Safety Tax Area for Police and Fire Protection Services and authorizing an election.

DISCUSSION:

It is of critical importance to the City Council of the City of Desert Hot Springs that residents of the City receive high quality police and fire protection services. In carefully reviewing the City’s budget and revenue projections with the Police and Fire Departments it has become clear to City staff that the City budget does not contain adequate funding to ensure the continued delivery of adequate high-quality public safety services unless additional revenues are obtained.

This Resolution of Intention establishes the time and place of the Public Hearing to establish Zone 54, within the Public Safety Tax Area, for police and fire protection services and authorizing the levy of a tax on improved parcels of real property on the secured property tax roll of Riverside County that are within Zone 54 of the Desert Hot Springs Special Public Safety Tax Area (the “Zone”). The voters of Zone 54 recognize the importance of adequate public safety services to the entire Desert Hot Springs community and approve this tax to ensure that those services will be maintained and improved citywide.

The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police and fire protection equipment or apparatus, for paying the salaries and benefits of police and fire protection personnel, and for such other police and fire protection service expenses as are deemed necessary for the benefit of the residents of Zone 54. Exhibit B of the Resolution is a copy of the petition requesting the creation of Zone 54.

FISCAL IMPACT:

The applicant has paid a deposit of $5,000, which covers the costs of establishing the zone. The property owner is responsible for all costs and payment of associated levy amounts applied to the annual tax roll for police and fire maintenance services.

ATTACHMENTS:

Item Number: 6.

SR-23-227
1) PTAX2 Zone 54 Site Map
2) Resolution Creating Zone 54
3) Petition to City Council
4) PTAX2 Zone Map
5) Council Properties Map - PTAX2 Zone 54
Item Number: 6.

SHEET 1 OF 1 SHEET
19TH AVE
C
A
L
L
E
D
E
L
O
S
R
O
M
O
S

THIS BOUNDARY MAP CORRECTLY SHOWS THE
BOUNDARIES OF ZONE 53 (BURGER KING).

FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF
LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR’S
MAPS FOR FISCAL YEAR 2023-2024.

BOUNDARY MAP
S1/2, NE1/4 OF SEC. 14, T.3S, R.4E.

SPECIAL PUBLIC SAFETY TAX AREA
ZONE 54 (SNIDER INVESTMENTS, LLC)

CITY OF DESERT HOT SPRINGS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE

PARCEL IDENTIFICATION NUMBER
15TH AVE
16TH AVE

PARK LN
B
O
B
C
AT
PROJECT 19TH AVE

TWO BUNCH PALMS TRL
LIT
T
L
E
M
O
R
O
N
G
O
R
D

DILLON RD
18TH AVE
20TH AVE
10 0 300 600
Feet
666-360-017
LEGEND
ZONE 54

PARCEL LINES
M:\GIS-Assessment\DHS\PTAX2_Z54_Boundary.mxd
Item Number: 6.

Resolution No. 2023-______
Date Adopted: October 3, 2023

RESOLUTION NO. 2023-_________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS CREATING SPECIAL TAX AREA ZONE 54 WITHIN

THE DESERT HOT SPRINGS SPECIAL PUBLIC SAFETY TAX AREA
FOR ASSESSOR’S PARCEL NUMBER 666-360-017
WHEREAS, it is the intention of the City Council of the City of Desert Hot Springs (the “City Council”) to create Zone 54 within the City of Desert Hot Springs Special Public Safety Tax Area and authorize an election; and
WHEREAS, it is the intention of the City Council to adopt an ordinance establishing a special tax for police and fire protection services within Zone 54; and WHEREAS, the City of Desert Hot Springs recognizes the need for increased police and fire protection services (hereinafter “public safety services”) in Zone 54 and the difficulty of funding the current or increased level of services with revenues now available; and WHEREAS, the City Council has received a written instrument from the landowners within Zone 54 to initiate and conduct proceedings for the creation of Zone 54 within the City of Desert Hot Springs Special Public Safety Tax Area and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, it is the intention of the City Council to direct the City Clerk to conduct the election required by Government Code Section 53978 to be conducted by mail ballot pursuant to Elections Code Section 4000 and to be held on the earliest date permitted by law; and WHEREAS, Assessor’s Parcel Number 666-360-017 was allowed by the City of Desert Hot Springs to develop a 4.00 acre parcel (Industrial). The initial annual tax will be $1,279.30 per the Desert Hot Springs Special Public Safety Tax Area – Tax Rate Table (approved by the City Council on March 1, 2005 Resolution No. 2005-07 and amended by Resolution No. 2005-50 approved on July 6, 2005, adjusted for inflation as provided for in Section 3(B) of Exhibit C); and WHEREAS, this Resolution is adopted pursuant to Government Code section 53978; and WHEREAS, under Government Code section 53978 and for the purposes of this Resolution, a “voter” entitled to vote on the creation of Zone 54 is a person who owns real property within Zone 54, as shown on the last equalized assessment role prepared by the Riverside County Assessor’s Office, at the time that the City Council submits an ordinance authorizing the imposition of a public safety tax to the voters of Zone 54. At the time that the City Council adopted this Resolution, there were 0 registered voters residing within Zone 54 and a single property owner. Because the Special Public Safety Tax will be imposed on property in Zone 54 and paid by the owner of the property, the City Council finds that restricting the vote on the Special Public Safety Tax to the property owner in Zone 54 is appropriate and consistent with the principles and requirements of California Constitution article XIIIC (Proposition 218).

NOW THEREFORE, be it resolved as follows:

Section 1. That portion of the City of Desert Hot Springs described in Exhibit A is established as Zone 54 of the Desert Hot Springs Special Public Safety Tax Area.

Section 2. That Ordinance No. 2023-_____, is to be presented for approval of the voters of Zone 54 by a mail ballot election, to be held on November 7, 2023, after which and assuming approval of the voters of Zone 54, will be presented for approval by the City Council on the same date as the election.

The ballot proposition shall read as follows:

Item Number: 6.

Resolution No. 2023-______
Date Adopted: October 3, 2023

“Shall Ordinance No. 2023-_____ be approved so as to authorize a special tax on property located in Zone 54 of the Desert Hot Springs Special Public Safety Tax Area to maintain the present level of police and fire protection services and provide additional funding for increased police and fire protection services?”
Section 3. The City Clerk is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot pursuant to Elections Code Section 4000 and shall be held on a date other than the same date as a statewide direct primary election on statewide general election as specified above.

Dated: October 3, 2023
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 6.

Resolution No. 2023-______
Date Adopted: October 3, 2023

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

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 6.

EXHIBIT A

DESERT HOT SPRINGS PUBLIC SAFETY TAX AREA
ZONE 54 (SNIDER INVESTMENTS LLC)

ZONE DESCRIPTION
The City of Desert Hot Springs Special Public Safety Tax Area District (the “District”) boundary is coterminous with that of the City of Desert Hot Springs’ (the “City”) incorporated territory. Each zone within the District is a portion of that area and is described below by Riverside County Assessor’s Parcel Numbers (APNs) included within the zone.
(Note: the APN is current as of the Final Tax Assessment Roll for FY 2023-2024) APN Acreage
666-360-017 4.00
Item Number: 6.

EXHIBIT B

PETITION AND CONSENT FORM TO CREATE
ZONE 54 (SNIDER INVESTMENTS LLC)
Item Number: 6.

EXHIBIT C
City of Desert Hot Springs
Public Safety Tax Area
Zone 54 Establishment
Assessor's Parcel No. Lot Size Acres Description
Total
Charge*
666-360-017 4.00 IND $1,279.30
1 4.00 $1,279.30
*Charge based on Fiscal Year 2023-24 rates and will be escalated by lessor of CPI or 3.00% commencing Fiscal Year 2024-25
Item Number: 6.

BE
-‘RING
.C|AL AR
DEER
Item Number: 6.

Item Number: 6.

PTAX 2 ZONE MAP
Source: Riverside Co. GIS, 2023.
18TH AVE
15TH AVE
ATLA
NTIC
A
VE
14TH AVE
12TH ST
CA
CTUS D
R

HACIENDA AVE
IN
DIA
N
CA
N
YO
N
D
R
16TH AVE

MISSION LAKES BLVD
PALM
D
R
LITTLE
M
O
R
O
N
G
O
R
D
C
H
OLLA
D
R
8TH ST
VE
R
B
E
NA
D
R

L TI TLE
M
O
R
O
N
G
O
R
D
PALM
D
R

DILLON RD

PIERSON BLVD
20TH AVE

VARNER RD
KA
R
E
N
A
VE
111
62 10
Zone
1-13
Zone
31 Zone
32 Zone
35 Zone
15 Zone
16 Zone
34 Zone
17 Zone
28 Zone
20 Zone
27 Zone
22 Zone
23 Zone
19 Zone
21 Zone
26 Zone
33 Zone
30 Zone
29 Zone
14 Zone
24 Zone
36 Zone
37 Zone
1-13
Zone
1-13
Zone
1-13
Zone
1-13
Zone
1-13
Zone
43 Zone
48 Zone
49 Zone
54 LEGEND
PTAX 2 Zones (Existing)
1-13, Prior to Webb Administration
14, Hacienda Hills
15, Pierson Plaza
16, Vista Palms / Hacienda Ventures
17, Watermarke
19, DHS Properties Investment
20, MERJ LLC
21, La Plaza Center
22, Bunch Palms Trail
23, Willaim A. Conner
24, Snider Investments
26, Taco Bell
27, Tim Guderian
28, DHS Facilities
29, DHS Manna LLC
30, Desert Grow LLC
31, Oxford Properties
32, Coachillin Holdings LLC
33, Marapharm DHS California LLC
34, The Watermarke at DHS LLC
35, Blackstar Industrial Properties LLC
36, Snider Investments
37, Hot Desert Springs LLC
38, Green Bond LLC
40, Quick Quack Development LLC
41, Lenwood Hospitality 41 LLC
42, Lenwood Hospitality 42 LLC
43, Mirali Zarrabi
45, Watermarke Homes LLC
46, MSA8, LLC
48, Agua Dulce 73 LLC
49, DHS Investment Holdings LLC
51, Dollar General
53, Burger King
PTAX 2 Zones (Proposed)
54, Snider Investments LLC
M:\GIS-Assessment\DHS\PTAX2_all_11x17_Z54.mxd; Map revised 03 Aug 2023 0 4,000 8,000
Feet

CITY OF DESERT HOT SPRINGS
Zone
46 Zone
40 Zone
42 Zone
41 Zone
38 Zone
45 Zone
53 Zone
51 Item Number: 6.

PTAX2 Zone 54
Council Member Properties
Source: County of Riverside GIS, 2023.

PTAX2 Zone 54

SNIDER INVESTMENTS, LLC
20TH AVE

PALM DR
I 10

VARNER RD

MIHALYO RD

PALM DR

VERBENA DR
15TH
AVE
14TH AVE (TWO BUNCH PALMS TRL)

MONUMENT
ST

PAUL RD

DILLON RD

CABOT RD
I 10

LITTLE MORONGO RD

MESQUITE AVE

HACIENDA AVE
1ST ST PIERSON BLVD

SANTA CRUZ RD

MISSION LAKES BLVD

N INDIAN CANYON DR

VALENCIA DR
8TH ST
4TH ST

ACOMA AVE

MOUNTAIN VIEW RD

IRONWOOD DR
18TH AVE
M:\GIS-Assessment\DHS\CouncilProperties_PTAX2_Zone54.mxd; Map revised Sept. 12, 2019 0 6,000 12,000 Feet

CITY OF DESERT HOT SPRINGS
LEGEND
ZONE 54 (east of Calle De Los Romos and north of 19th Street) City Boundary
Council Member's Property
500 Foot Buffer
JP - Jan Pye
GG - Gary Gardner
RB - Russell Betts
SM - Scott Matas
RN - Roger Nunez
Item Number: 6.

SR-23-224
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 3, 2023
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Compliance Director
Subject: Stagnant Water Abatement
RECOMMENDATION:

Authorize the City Manager to execute an agreement entitled, "Stagnant Water Inspection and Abatement Warrant Release, Waiver, and Indemnity Agreement by and Between the City of Desert Hot Springs and Coachella Valley Mosquito and Vector Control District," and allow for any substantive changes to be made by the City Manager, if any.

BACKGROUND:

The Coachella Valley Mosquito & Vector Control District (“District”) is a special district formed pursuant to the California Health and Safety Code dedicated to protecting the public health by controlling vectors such as mosquitoes and vector-borne diseases.

The District’s boundaries cover the areas of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, and unincorporated sections of Riverside County.

In order to abate vectors and vector-borne diseases, the District possesses an inspection and abatement warrant (the “Warrant”) allowing the District officials to enter the exterior of properties within the District boundaries to inspect and treat pools and other bodies of water. The Warrant authorizes the minimal use of force, such as opening or unlocking gates, to access the exterior of properties.

Such agreements allow representatives of the respective cities, such as code enforcement officers, to use the Warrant to access the exterior of properties of their respective jurisdictions, for the purpose of inspecting and abating pools and bodies of water that are conducive to vector activity.

In 2019 the Desert Hot Springs City Council approved an agreement with the District adding the City as a designee under the Warrant. That Warrant has since expired and a new Warrant was issued to replace it on January 23, 2023.

DISCUSSION:

Staff is requesting that the City enter into a new agreement with the District to add the City as a designee to the current Warrant. In order to add the City as a designee, an indemnity agreement is required.

Understandably, there are considerations of liability when multiple public agencies share a warrant and Item Number: 7.

SR-23-224
conduct abatement work. The indemnity agreement clarifies the division of risk, liability, and responsibilities.

In particular, the City would assume the risk for any injuries caused or suffered by executing the Warrant. This assumption of risk is no greater than if the City conducted abatement on its own. The City would indemnify the District for losses and damage caused by the City in the execution of the Warrant. The District, in turn, would indemnify the City for losses and damages for any breach of the agreement. Further, the District must notify the City whenever the Warrant is terminated or becomes unenforceable and must indemnify the City for executing the Warrant before receiving notice.

To be sure, this indemnity agreement may be terminated or suspended at any time without cause.

Staff is amenable to this indemnity agreement for several reasons. Currently, in order to access backyards or areas locked behind a gate or fence, staff would need either consent of the property owner or an inspection warrant. Obtaining warrants on an ad hoc basis could be time-consuming, depending on the availability of the courts to review warrant applications.

By being added as a designee under the Warrant, staff may access the exterior of any property in this City if they suspect a pool or body of water that is conducive to breeding mosquitos. As long as the Warrant is effective, staff may conduct abatement work without seeking warrants for each property.

This will greatly decrease the time to treat pools and respond to reports of vector activity within the City.

The Warrant does require knocking on doors and requesting consent to enter the property prior to taking any abatement action. It is not the practice of the District or staff to surprise anyone and will make all efforts to appraise property owners of the Warrant.

FISCAL IMPACT:

None.

ATTACHMENTS:
1) 2023 Stagnant Water Agreement
2) Warrant to Inspect and Abate (Exhibit A to Agreement) Item Number: 7.

1 | P a g e

STAGNANT WATER INSPECTION AND ABATEMENT WARRANT

RELEASE, WAIVER, AND INDEMNITY AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND

COACHELLA VALLEY MOSQUITO AND VECTOR

CONTROL DISTRICT
This Stagnant Water Inspection and Abatement Warrant Release, Waiver, and Indemnity Agreement (the “Agreement”) is made and entered into this 14th day of July, 2023, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California (“City”), and Coachella Valley Mosquito and Vector Control District, an independent special district operating under the Mosquito Abatement and Vector Control District Law (California Health and Safety Code Sections 2000 et seq.), located in the County of Riverside, State of California (“District”), with the District and City sometimes referred to herein each as a “Party” and collectively as “Parties.”
RECITALS:

WHEREAS, District was established in 1928 as an independent special district by the Riverside County Board of Supervisor with the mission of reducing the risk of disease transmission by mosquitos and other vectors and the protection of residents and visitors of the Coachella Valley; and
WHEREAS, District’s jurisdiction includes the following Coachella Valley cities:

Palm Springs, Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, and Coachella; and additionally, the unincorporated portions of Riverside County within the Coachella Valley; and
WHEREAS, neglected pools and other stagnant water sources are potential breeding sources of mosquitos that can potentially transmit West Nile or other arthropodborne viruses thereby created health and safety issues with the potential to develop into an area-wide epidemic; and
WHEREAS, it is of indispensable importance to the maintenance of the community health that District be able to conduct inspections, testing, treatment, remediation, and abatement of neglected pools or other stagnant water sources; and WHEREAS, on January 23, 2023, the Superior Court of the State of California, County of Riverside issued a Warrant to Inspect and Abate, a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A” (“Warrant”), authorizing District’s General Manager, and any representative or designee thereof, and any sheriff, police officer or peace officer in the County of Riverside to enter the exterior of any property within District’s jurisdictional boundaries to inspect and abate neglected pools or other stagnant water sources (“Execution of the Warrant”). The Warrant is valid through December 31, 2023 (“Warrant Expiration Date”), unless otherwise extended; and Item Number: 7.

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WHEREAS, City adopted an ordinance adding Section 4.16.010(A)(20) to the Desert Hot Springs Municipal Code, which deems a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain upon any such premises or property any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained resulting in the water becoming polluted; and WHEREAS, Desert Hot Springs Municipal Code Section 4.16.010(A)(28) provides that it is a public nuisance for any person to maintain any premises or property upon which there is stagnant or still water or a marshy condition which harbors and breeds mosquitos or other poisonous or objectionable insects; and
WHEREAS, pursuant to Section 4.08.010 of the Desert Hot Springs Municipal Code, the City’s Code Enforcement Chief has concurrent enforcement authority with the Police Chief regarding any violation of the municipal code resulting in a misdemeanor, an infraction or a public nuisance; and
WHEREAS, District and City desire to enter into this Agreement, upon the terms and conditions set forth herein, authorizing the City’s Code Compliance Division personnel to act as a designee of District’s Operations Manager in executing the Warrant within the jurisdictional boundaries of the City in order to protect the health and safety of the community.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS

AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND

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

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

Section 2. DESIGNEES
District hereby authorizes the City’s Code Compliance Department personnel and any private contractors retained by City to act as designees under the Warrant to execute the Warrant pursuant to the terms of the Warrant, within the jurisdictional boundaries of the City provided that City provide District with two (2) business days’ notice prior to entering property for the purpose of Execution of the Warrant. District represents and warrants that City and City contractors are authorized to act in such capacity under the Warrant.

Section 3. VOLUNTARY PARTICIPATION
City acknowledges that it is voluntarily participating in Execution of the Warrant by utilizing its Code Compliance Division personnel and hired contractors to act as designees of District’s Operations Manager for the purposes of executing the Warrant.

Item Number: 7.

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Section 4. ASSUMPTION OF THE RISK
City acknowledges that, in Execution of the Warrant, its personnel or contracted agents may be exposed to personal or bodily injury, including death, to themselves or their property as a result of their activities, the activities of others, or the conditions under which such activities are performed. With full knowledge of these dangers, City agrees to accept any and all risks of injury or death or damage. ______________
City Initials
Section 5. RELEASE AND WAIVER
Each Party respectively hereby releases and waives all rights and claims such releasing Party has or may have against the other Party, and their officials, officers, agents and employees, and their respective successors and assigns, for losses, judgments, costs, demands, damages, claims, fees or expenses of every type and description, including settlement costs, legal costs, and attorneys’ fees, arising out of or otherwise in connection with Execution of the Warrant by the releasing Party’s personnel.

Section 6. CIVIL CODE SECTION 1542 WAIVER
Each Party respectively hereby expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
Except as otherwise provided herein, 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.

Each Party respectively further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
______________
City Initials
______________
District Initials
Item Number: 7.

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Section 7. INDEMNIFICATION
a. City shall defend, indemnify and hold harmless District, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection therewith), caused by City’s Execution of the Warrant by City personnel or contractors retained by City, except for any such claim relates to the negligence, recklessness or willful misconduct of District, its officers, agents, employees or volunteers.
b. District shall defend, indemnify and hold harmless City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection therewith), related to or arising out of District’s breach of any obligation hereunder and/or representations, warranties or covenants made by District, except for any such claim relating to the negligence, recklessness or willful misconduct of City, its officers, agents, employees or volunteers.

Section 8. TERM; NOTICE OF INEFFECTIVE WARRANT
a. This Agreement shall be coterminous with the Warrant and any extensions thereto, and any replacement warrants issued for substantially the same purposes as the Warrant. In the event the Warrant terminates, is recalled, or otherwise becomes ineffective or unenforceable prior to Warrant Expiration Date, District shall immediately notify City of the same via all of the following methods of notice: (1) telephone both City Manager and City Attorneys’ Office, and send follow up electronic mail to both (requesting “delivery” and “read” receipt) (“Option 1”); and 2) a letter deposited in U.S. mail, certified, to City (“Option 2”). Upon (1) effective notice by District, (2) notice from a Court with competent subject matter jurisdiction that the Warrant has terminated, was recalled, or otherwise ineffective prior to Warrant Expiration Date, or (3) the Warrant naturally expiring on the Warrant Expiration Date, City shall immediately cease Execution of the Warrant. b. In the event the Warrant terminates, is recalled, or otherwise becomes ineffective or unenforceable prior to Warrant Expiration Date, to the fullest extent permitted by Law, District shall release, indemnify, defend and hold harmless City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising from or related to City’s continued Execution of the Warrant (which Warrant has been terminated, recalled or otherwise been rendered ineffective or unenforceable) through such time the City receives effective notice of such expiration or unenforceability. For purposes of this Section only, effective notice shall be deemed delivered upon District’s strict compliance of either: (i) notice listed under Option 1), above, with record of a successful “delivery” and “read receipt” via electronic mail; or (ii) as of the second (2nd) day after deposit in the Item Number: 7.

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United States mail under Option 2. Effective notice shall not relieve District of providing notice under all methods of notice set forth in this Section.

Section 9. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended without cause by either party at any time provided that the respective party provides the other party written notice of such termination or suspension.

Section 10. NOT AGENT
Nothing in this Agreement shall be deemed, construed or represented by City or District or by any third person to create the relationship of principal and agent. Except as expressly provided herein, neither Party shall have authority, express or implied, to act on behalf of the other in any capacity whatsoever as an agent, nor shall either Party have any authority, express or implied, to bind the other to any obligation whatsoever.

Section 11. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument duly signed by both Parties.

Section 12. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 13. AMBIGUITIES
This Agreement is in all respects intended by each party hereto to be deemed and construed to have been jointly prepared by the parties and the parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Section 14. 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 Item Number: 7.

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States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Doria Wilms, City Manager
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Email: [email protected]
To District: Jeremy Wittie, General Manager
Coachella Valley Mosquito & Vector Control
District
43-420 Trader Place
Indio, CA 92201
Telephone: (760) 342-8287 Ext.502
Email: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 15. NON-LIABILITY OF OFFICERS AND EMPLOYEES
No officer or employee of either Party shall be personally liable to the other, or any successor in interest, in the event of any default or breach or for any amount which may become due, or for any breach of any obligation of the terms of this Agreement.

Section 16. REVIEW BY ATTORNEYS
Each party hereto has had its attorneys review this Agreement and all related documents. Each party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 17. WAIVER
No waiver shall be binding, unless executed in writing by the Party making the waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Item Number: 7.

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Section 18. ASSIGNMENT AND SUBCONTRACTING
Except as provided herein, assignments of any or all rights, duties or obligations of either Party will be permitted only with the written consent of the other Party.

Section 19. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 20. SUCCESSORS, HEIRS AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the parties.

Section 21. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 22. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 23. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 24. LITIGATION EXPENSES AND ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Item Number: 7.

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Section 25. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the either Party, until signed by the authorized representative(s), and approved as to form by the City Attorney and General Counsel, respectively.

Section 26. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 27. REPRESENTATIONS OF PARTIES AND PERSONS

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

Section 28. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original.

Section 29. SURVIVAL
The rights and obligations created by this Agreement with respect to assumption of risk, release, and waiver; and duty to defend, indemnify and hold harmless shall survive termination or expiration of this Agreement.
[Remainder of page intentionally left blank.]
Item Number: 7.

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

CITY OF DESERT HOT SPRINGS COACHELLA VALLEY MOSQUITO

AND VECTOR CONTROL DISTRICT
Doria Wilms, City Manager ______________________________ Jeremy Wittie, General Manager
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:

Christina Newsom, Greg Alvarado, Operations Manager
Compliance Department Director
ATTEST: ATTEST:

Jerryl Soriano, City Clerk Melissa Tallion, Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM:
__________________________________ __________________________________ Jennifer A. Mizrahi, City Attorney Lena D. Wade, Esq., General Counsel Item Number: 7.

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STAGNANT WATER INSPECTION AND ABATEMENT WARRANT

RELEASE, WAIVER, AND INDEMNITY AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND

COACHELLA VALLEY MOSQUITO AND VECTOR

CONTROL DISTRICT

EXHIBIT A
Warrant to Inspect and Abate
Superior Court of the State of California, County of Riverside January 23, 2023
Item Number: 7.

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74-785 Highway 111, Suite 105
Indian Wells, CA 92210
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LENA D. WADE, ESQ., SBN 258356

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
74785 Highway 111, Suite 105
Indian Wells, CA 92210
Telephone: (760) 322-9240
Facsimile: (760) 322-565-1189
Email: [email protected]
Attorneys for Petitioner

COACHELLA VALLEY MOSQUITO AND VECTOR

CONTROL DISTRICT

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE—PALM SPRINGS BRANCH
In re:

COACHELLA VALLEY MOSQUITO

AND VECTOR CONTROL DISTRICT,
Petitioner.

Case No.

WARRANT TO INSPECT AND ABATE

INSPECTION AND ABATEMENT

TO THE GENERAL MANAGER OF THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (“DISTRICT”), ANY REPRESENTATIVE OR DESIGNEE

THEREOF, AND ANY SHERIFF, POLICE OFFICER OR PEACE OFFICER IN THE COUNTY OF RIVERSIDE:

Proof by Declaration of Edward Prendez of the District (“Prendez Declaration”), having been made before the above-entitled Court, that there is probable cause to believe that all neglected [Exempt from filing fees Gov. Code §6103]
Electronically RECEIVED by Superior Court of California, County of Riverside on 01/19/2023 09:47 AM - Marita C. Ford, Interim Executive Officer/Clerk of the Court By Joanne Bishop, Clerk Item Number: 7.

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swimming pools or other stagnant water sources on the properties within the District’s Jurisdiction, as defined below, are potential breeding sources of mosquitoes that can transmit West Nile and other arthropod-borne viruses and must be inspected and treated. By this reference, the Prendez Declaration, which accompanies this warrant, is incorporated herein as if fully set forth.

The District’s jurisdiction includes the following Coachella Valley cities: Palm Springs, Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella, and also the unincorporated portions of Riverside County as further depicted on the service area map attached hereto as Exhibit A and incorporated herein (collectively, “District’s Jurisdiction”).

I. IDENTIFYING PROPERTIES WITH NEGLECTED SWIMMING POOLS OR OTHER

STAGNANT WATER SOURCES
This area warrant authorizes the District to enter all properties within the District’s Jurisdiction for purposes of inspecting and abating health and safety conditions described more fully in the Prendez Declaration. When identifying properties to inspect and abate, the District places emphasis on neglected water including, specifically, neglected pools. The District conducts regular aerial reconnaissance over the District’s Jurisdiction to locate neglected pools. At times, the District also receives calls from concerned citizens, homeowners associations and/or neighbors regarding neglected sources of water and potential breeding grounds for mosquitoes and other vectors. During aerial surveillance and/or permissible visual observation, District personnel often confirm the suspected presence of neglected sources of water and potential breeding grounds for mosquitoes and other vectors. Potential breeding grounds may be any container that can hold water which is a potential breeding source. These may include buckets, pots (with/or without plants), pot bases, ornamental ponds, decorative fountains, birdbaths, animal water dishes, bowls, toys, broken appliances, discarded tires, portable pools, cisterns, leaking water supplies, evaporative coolers, gutters, yard drains, drainpipes, among others.

II. AREA WARRANT
Justification for this expanded authority for an area warrant lies in a discovery of Aedes aegypti made by the District in the District’s Jurisdiction, as more specifically discussed in attached and Item Number: 7.

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incorporated Prendez Declaration. Area warrants of this type were upheld in the case of Camara v.

Municipal Court of San Francisco (1967) 387 U.S. 523. As the United States Supreme Court recognized in that case, when health and safety issues arise, an agency’s need “to conduct an area inspection is unavoidably based on its appraisal of conditions in the area as a whole, not on its knowledge of conditions in each particular building.” (Id. at 536.) For this reason, the Court further noted that area warrants have historically been used to prevent epidemics and are therefore of “indispensable importance to the maintenance of community health.” (Id. at 537.). Likewise, California law recognizes the need for area warrants within established geographic areas under these types of circumstances. Specifically, under Code of Civil Procedure section 1822.59 (covering inspection and abatement warrants), State law recognizes area warrants “for the purposes of an animal or plant pest or disease eradication” (Cal. Code of Civ. Proc. § 1822.59 [authorizing entry for the Department of Food and Agriculture].)
YOU ARE THEREFORE AUTHORIZED:

Commencing on the date this warrant is issued, or as soon thereafter as practicable, and for a period extended through and including January 31, 2024, to enter the exterior of any property in the District’s Jurisdiction when the District has reasonable cause to believe that said property contains a neglected swimming pool or other stagnant body of water. You may enter the exterior area of these properties for the purpose of inspecting for the presence of mosquito larvae that are potentially capable of transmitting West Nile virus and other arboviruses once they become adults. If it is determined by you that mosquito breeding is occurring, you may examine water quality and identify the various mosquito stages that are present and utilize larvicides or mosquitofish as control measures. Treatment may also be made as a preventive measure if conditions of mosquito breeding do exist. Adulticides may also be used if large numbers of adult mosquitoes are present to reduce risk of disease transmission.

PRIOR TO ENTERING PROPERTY:

Prior to entering each said property, you shall knock on the front door of the property and request voluntary consent to enter such property. IF YOU DO NOT RECEIVE CONSENT FOR ANY Item Number: 7.

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Indian Wells, CA 92210
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REASON, YOU SHALL POST A NOTICE FROM THE DISTRICT ON THE PROPERTY stating that there is reasonable cause to believe there is a source of water and/or potential breeding grounds for mosquitoes and/or other vectors on the property. The notice shall also state that pursuant to a warrant issued by the Riverside County Superior Court, District personnel will enter the exterior of the property on a succeeding day, identified in the notice, to conduct the inspection, testing, and treatment.

Following notice as set forth above, you may use minimal reasonable force to enter an area (e.g., opening, or otherwise entering into areas behind locked fences and gates) of any property within the District’s Jurisdiction if the District believes said area contains a neglected swimming pool or other stagnant body of water. If entry requires the destruction of any locks, the Court will require separate warrants based on a more particularized showing of probable cause.

INSPECTION, TESTING AND TREATMENT:

Upon identifying a neglected swimming pool or stagnant body of water on the property that either is currently breeding mosquitoes or has conditions conducive to breeding mosquitoes that are potentially capable of transmitting West Nile and other arthropod-borne viruses once they become adults, the District may take any and all necessary actions to test, treat, remediate, and abate such conditions consistent with applicable Federal, State, and local regulations. INSPECTION CONSISTS OF sampling for mosquito larvae, adults and/or collecting prima facie evidence of stagnant water (such as, but not limited to, include buckets, pots with or without plants, pot bases, ornamental ponds, decorative fountains, birdbaths, animal water dishes, bowls, toys, broken appliances, discarded tires, portable pools, cisterns, leaking water supplies, evaporative coolers, gutters, yard drains, drain pipes). samples of water containing larvae or adult mosquitoes collected will be returned to the district lab for species identification and/or virus testing.

THE CONTROL MEASURES TO BE UTILIZED BY THE DISTRICT ON THE

NEGLECTED SWIMMING POOLS AND OTHER STANDING WATER SOURCES INCLUDE application of one of the following public health control products that is categorized as biochemical (such as insect growth regulators), microbial (such as mosquito specific bacterial toxins), mosquitofish, or mineral oils. These products are registered by the environmental protection agency (EPA) for use Item Number: 7.

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in California and have a low level of toxicity against non-target organisms. The products are targetspecific affecting mosquito larvae when applied as recommended on the label. In backyards where large populations of adult mosquitoes may be detected, small amounts of EPA approved mosquito adulticides may also be used to reduce the risk of virus transmission and adult mosquito biting nuisance.

Possible stagnant water sources will physically be drained in an effort to eliminate future breeding potential.

It is necessary to perform door to door inspections within “neighborhoods” where Aedes aegypti are found in order to find, treat, or eliminate all potential breeding containers to prevent this invasive species from spreading further in the District’s Jurisdiction. For purposes of the warrant, THE TERM “NEIGHBORHOOD” IS DEFINED AS 450 FOOT RADIUS OF ADULT, LARVA, AND/OR EGG DISCOVERY OF AEDES AEGYPTI ARE FOUND. The District’s inspections will be limited to backyard/exterior areas of properties. If Aedes aegypti is confirmed on any given property in an area without its prior finding, the District will place a written notice on all properties found within the 450- foot radius of said location where the Aedes aegypti has been identified. In addition, if this mosquito is confirmed in an area with existing and current populations, the District shall place notices on the index property and eight other properties around it in what the District calls the “Rule of Nine.” The notice will inform the property owner that within 48 hours, the District will be performing an inspection on said property in an effort to determine whether any water sources on said property is infested with Aedes aegypti. Notifications will consist of information about Aedes aegypti, public health significance, and what the District will do while performing the inspection and treatments. A phone number for the District will be included with the posting asking residents to contact the District to schedule an inspection appointment. The resident will be informed that if he/she does not contact the District within 24 hours to schedule an appointment, District staff will return to the residence to request entry to the yard for inspection and, if resident is not present or refuses to allow an inspection, the District will move forward with execution of the warrant and, in furtherance of obtaining entry thereon, the District shall use reasonable force to secure access, including specifically be so authorized to enter through side gates (including undoing any latches) and/or climb over such gates and/or any perimeter walls. District Item Number: 7.

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staff will then perform an inspection of the front and backyard for stagnant water (such as, but not limited to, include buckets, pots with or without plants, pot bases, ornamental ponds, decorative fountains, birdbaths, animal water dishes, bowls, toys, broken appliances, discarded tires, portable pools, cisterns, leaking water supplies, evaporative coolers, gutters, yard drains, drain pipes) and take the necessary action to abate mosquito breeding, all consistent with the attached and incorporated in the Prendez Declaration.

This warrant may only be executed between the hours of 7:00 a.m. and 6:00 p.m. each day that it is in effect.

The District shall file periodic returns with the court on or before the last business day of each quarter commencing, March 31, 2023 and continuing through December 31, 2023. Each return shall identify the address of each property being inspected, how the District determined the property had a neglected pool or stagnant water sources; the method of notice used; the date and time of inspection; and a description of the steps of abatement taken.

Dated: January ___, 2023 _________________________________

JUDGE OF SUPERIOR COURT
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COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT

EXHIBIT A
TO

WARRANT TO INSPECT AND ABATE

SERVICE AREA MAP
Item Number: 7.

SR-23-223
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 3, 2023
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Transportation Uniform Mitigation Fee (TUMF) Inflation Adjustment for Calendar Year 2024
RECOMMENDATION:

Adopt a Resolution of the City Council adjusting the Transportation Uniform Mitigation Fee (TUMF) pursuant to Coachella Valley Association of Government's request for Calendar Year 2024.

BACKGROUND:

The Transportation Uniform Mitigation Fee (TUMF) was established in 1989 as a one-time impact fee charged on all new development occurring within the Coachella Valley Association of Governments (CVAG) region. Monies collected through the TUMF program are applied to transportation-related capital facilities and infrastructure required to serve new growth within the Coachella Valley and are intended to compliment revenue generated through Riverside County’s Measure A sales tax. To date, TUMF has provided less than the intended share of match toward Measure A funding.

The current TUMF rates were adopted in 2018 upon the completion of a revised Nexus Study, Transportation Project Prioritization Study, Regional Arterial Cost Estimate, and Active Transportation Plan. Prior to their adoption, the fee had remained unchanged at $192/trip for over a decade. The 2018 Nexus Study originally proposed a revised fee of $751/trip; however, this fee was reduced to the current $245/trip after re-evaluating which regional transportation projects would likely be built in the near-term.

This rate equates to $2,313 for a single-family dwelling, as compared to the $10,104 currently charged by Western Riverside Council of Governments for similar development.

The 2018 TUMF Handbook also allows for the consideration of an annual inflation adjustment:

The inflation factor shall be the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index (CPI). Such CPI will be reviewed annually by the Executive Committee which will determine whether or not to apply the inflation factor.

The Local Development Mitigation Fee inflation factor is calculated on the CPI for All Urban Consumers (CPI-U), All items, as the over-the-year percent change, which is measured as of December in the calendar year which ends in the previous fiscal year. The Riverside-San Bernardino-Ontario CPI is measured every other month, and does not include data for the month of December. To approximate a data point for an unrecorded month, the Bureau of Labor Statistics (BLS) recommends taking the Item Number: 8.

SR-23-223
square root of the product of the indexes for the preceding and subsequent months (in this case November and January). This approximated December data point can then be used to calculate the over-the-year percent change.

CVAG staff has noted that applying regular increases due to inflation is a preferred approach to infrequent increases to catch up over time. An inflation factor of 8.2-percent was applied across each of CVAG’s TUMF categories by the Executive Committee at its April 2022 meeting. In accordance with California’s Mitigation Fee Act, and to allow member jurisdictions time to update their local TUMF ordinances as needed, implementation of the inflation factor did not go into effect until January 1, 2023.

The CPI-U, All items, for the Riverside-San Bernardino-Ontario metropolitan area rose by 7.41-percent in 2022, largely due to steep increases in the cost of household fuels and utilities. BLS notes that some entities choose to calculate “core” inflation on the CPI-U, less food and energy (which includes motor fuel), as these items tend to be more volatile in their pricing. Removing these volatile items from the regional CPI results in an inflation factor of 6.35-percent. Some state infrastructure agencies such as Caltrans measure inflation via the Construction Cost Index (CCI), which is based on the Building Cost Index for Los Angeles and San Francisco provided by Engineering News-Record. Over the course of 2022, the CCI increased by 9-percent, higher than either of the CPI-U adjustments.

DISCUSSION:

Construction costs on recent TUMF-supported projects have increased by 27-percent from original budgeted in some cases, outpacing the inflation indicated even by the higher CCI. Furthermore, motor fuel constitutes a significant cost component of these projects, and removing that factor from the inflation adjustment – as would be the case in utilizing the CPI-U, less food and energy – would fail to capture the true costs of any infrastructure buildout. In consideration of the above, and consistent with the inflation adjustment method prescribed by the TUMF Handbook, CVAG staff recommends applying the CPI-U, All Items inflation factor of 7.41-percent to the current fee assessments, as described in the below table.

TUMF Category Current Rate Proposed Rate Difference
Residential (per dwelling unit)
Single family detached $2,550 $2,740 $190
Multi-family attached $1,470 $1,580 $110
Nursing/congregate care $545 $585 $40
Transit oriented single family $2,170 $2,330 $160
Transit oriented multi-family $1,250 $1,345 $95
Non Residential (per 1,000 sq. ft.)
Retail $6,640 $7,130 $490
Office $2,640 $2,835 $195
Industrial $1,340 $1,440 $100
Fuel- gas (per dispensing unit) $9,515 $10,220 $705
Fuel- electric (per dispensing unit) $100 $105 $5
Hotel (per room) $3,880 $4,165 $285
Golf course (per acre) $1,015 $1,090 $75
Item Number: 8.

SR-23-223
The revised rates would be implemented January 1, 2024 so that member jurisdictions will have sufficient time to adopt the new fees. The rates listed in the TUMF Handbook will also be updated at that time to reflect the adjustment.

The Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP) mitigation fee is increased automatically each fiscal year per the Desert Hot Springs Municipal Code, Section 3.40.100.

FISCAL IMPACT:

Based on TUMF revenues generated in fiscal year 2021-2022, adjusting current TUMF rates based on the CPI-U, All items inflation rate of 7.41-percent would result in additional revenue of $885,712.

Revising the TUMF Handbook will have no fiscal impact on the City.

ENVIRONMENTAL ANALYSIS:

The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment
ATTACHMENTS:
1) Resolution Adopting TUMF Adjustment for 2024
2) CVAG TUMF Fee Schedule for 2024
Item Number: 8.

RESOLUTION NO. ___

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

SPRINGS, CALIFORNIA ADOPTING THE ADJUSTMENT TO THE

TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PURSUANT TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENT’S REQUEST
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, the City is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of the County of Riverside ("County"), the Agua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities (Desert Hot Springs, Palm Springs Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella) situated in the Coachella Valley (collectively, "Member Agencies"); and
WHEREAS, the Transportation Uniform Mitigation Fee ("TUMF") was established in 1989 as a one-time impact fee charged on all new development occurring within the CVAG region; and
WHEREAS, monies collected through the TUMF program are applied to transportation-related capital facilities and infrastructure required to address new growth within the Coachella Valley and are intended to compliment revenue generated through Riverside County’s Measure A sales tax; and
WHEREAS, the current TUMF rates were adopted and allow for the consideration of an annual inflation adjustment:

The inflation factor shall be the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index (CPI). Such CPI will be reviewed annually by the Executive Committee which will determine whether or not to apply the inflation factor.

WHEREAS, Chapter 3.36 of the Desert Hot Springs municipal Code governs the TUMF fees locally; and
WHEREAS, Section 3.36.030(B) provides in pertinent part: “The amount of the mitigation fee shall be based on the trip generation rate and as recommended by CVAG. The Council shall adopt by resolution the fee amount, recommended by CVAG or may adopt a higher fee amount… “; and
Item Number: 8.

WHEREAS, Section 3.36.030(C) provides “The Council shall annually review and, if necessary, amend the amount of the mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. If the amount of the recommended mitigation fee is amended by CVAG pursuant to CVAG’s annual review, the Council shall amend its fee amount in accord or in an amount greater.”; and WHEREAS, CVAG has in fact requested that the City adopt the adjusted rates pursuant to the CPI for the Riverside-San Bernardino-Ontario metropolitan, which is 7.4 percent; and
WHEREAS, at their meeting, the CVAG Executive Committee approved adjusting the TUMF rates for fiscal year 2023-2024; and WHEREAS, the revised rates are summarized herein; and
WHEREAS, the City Council wishes to accurately collect TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG; and
WHEREAS, the City Council finds that this Resolution would promote the public interest, health, safety, convenience, or welfare of the City.

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

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

Section 2. CEQA FINDINGS
The City Council finds as follows:

1. The Project is exempt from the CEQA guidelines14 Cal. Code. Regs Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Resolution in question may have a significant effect on the environment as set forth in Section 21080.17 of the Public Resources Code.” The Project involves an adjustment in TUMF fees as per CPI.

Section 3. ADOPTION OF FEES
That the City Council hereby adopts the TUMF fees as per the below:

TUMF Category Current Rate Proposed Rate Difference
Residential (per dwelling unit)
Single family detached $2,550 $2,740 $190
Item Number: 8.

Multi-family attached $1,470 $1,580 $110
Nursing/congregate care $545 $585 $40
Transit oriented single family $2,170 $2,330 $160
Transit oriented multi-family $1,250 $1,345 $95
Non Residential (per 1,000 sq. ft)
Retail $6,640 $7,130 $490
Office $2,640 $2,835 $195
Industrial $1,340 $1,440 $100
Fuel - gas (per dispensing unit) $9,515 $10,220 $705
Fuel - electric (per dispensing unit) $100 $105 $5
Hotel (per room) $3,880 $4,165 $285
Golf course (per acre) $1,015 $1,090 $75
Further, all TUMF fees are increased as of January 1, 2024 by the CPI, by 7.4 percent.

Section 4. SEVERABILITY
That, should 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 of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this Resolution are hereby repealed.

Section 6. AMENDING OF BAIL SCHEDULE

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

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and shall cause the same to be published according to law.

Item Number: 8.

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

Ayes:

Noes:

Abstain:

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

May 9, 2023

REVISED FEE SCHEDULE FOR THE TRANSPORTATION UNIFORM MITIGATION FEE EFFECTIVE JAUARY 1, 2024
The Transportation Uniform Mitigation Fee (TUMF) is a development impact fee designed to offset the effects of population growth on transportation infrastructure within the Coachella Valley. It is charged on any construction that will result in an increase in vehicular trips.

The TUMF is collected by the permitting jurisdiction in accordance with an adopted local ordinance, which further allows for an annual adjustment for inflation based on the Consumer Price Index for the Riverside-San Bernardino-Ontario metropolitan area. This inflation factor has been applied to the current fee schedule and results in the revised rates that will be assessed on new development starting January 1, 2024.

TUMF Category
Assessment
Unit
Rate as of
January 1, 2024
Single family detached Dwelling unit $2,740
Multi-family attached Dwelling unit $1,580
Nursing/congregate care Dwelling unit $585
Retail 1,000 sq. ft. $7,130
Office 1,000 sq. ft. $2,835
Industrial 1,000 sq. ft. $1,440
Fuel - gas Dispensing unit $10,220
Fuel - electric Dispensing unit $105
Hotel Room $4,165
Golf course Acre $1,090
For any question regarding the application of TUMF, please contact the Coachella Valley Association of Governments at (760) 346-1127 or by emailing [email protected].

Item Number: 8.

SR-23-231
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 3, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Annual Utility Users Tax Report
RECOMMENDATION:

Receive and file.

BACKGROUND:

The City of Desert Hot Springs, through voter approval, levies a 7% Utility Users Tax (UUT) on utility usage within the City limits. The utilities subjected to the tax include electric, gas, telecommunications, video, water & sewer. From the annual proceeds of the tax, 35.71% of the revenue is to be deposited into the City’s Debt Service Fund for payment of debt, and 64.29% is to be deposited into the City’s Public Safety Fund to be used for public safety services.

DISCUSSION:

Pursuant to Section 3.28.190 of the City’s Municipal Code, the Administrative Services Director must provide an annual report on the UUT revenues and expenditures to the City Council. The report must include the amount of UUT revenue received by utility type for the prior fiscal year, the amount expended for services during the prior fiscal year, and a recommendation by the Finance Director as to whether a change in the tax rate is necessary.

For FY 2022-2023, the City received $4,630,441 in UUT from the following categories:

The City expended $4,630,441 in UUT revenue for the following services:

Item Number: 9.

SR-23-231
At this time, the Administrative Services Director does not recommend a change in the tax rate and to have it remain at its current rate of 7%.

FISCAL IMPACT:

With no change in the UUT tax rate, there will be no fiscal impact.

Item Number: 9.

SR-23-233
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 3, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Special Meeting (Closed Session) Minutes: September 23, 2023 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Special Meeting (Closed Session) Minutes - September 23, 2023 Item Number: 10.

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Special Meeting (Closed Session)
12:00 PM - Saturday, September 23, 2023
Council Chambers

CALL TO ORDER
Mayor Matas called the Closed Session to order at 12:00 PM.

ROLL CALL

Present:

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

PUBLIC COMMENTS
None.

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

CLOSED SESSION:

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

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

ADJOURN
Mayor Matas adjourned the meeting at 3:40 PM.

Jerryl Soriano, CMC, City Clerk
Item Number: 10.

SR-23-232
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 3, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Acceptance of Subdivision Improvement Agreement and Related Security for Rancho Descanso
RECOMMENDATION:
1) Accept the Subdivision Improvement Agreement, Performance Bond and Labor and Materials Bond, any substantive changes shall be approved by the City Manager and the City Attorney; and 2) Authorize staff to process and file the Subdivision Improvement Agreement with the County Recorder’s Office.

BACKGROUND:

On September 19, 2023, the City Council approved Tract Map No. 38200 for Rancho Descanso, accepted dedications for street and utility purposes, and the acceptance of a Subdivision Improvement Agreement and related security. However, the draft Subdivision Improvement Agreement was inadvertently omitted as an exhibit to the staff report.

DISCUSSION:

The draft Subdivision Improvement Agreement has been included for approval from City Council.

FISCAL IMPACT:

None.

ATTACHMENTS:
1) Tract Map 38200 - Staff Report - September 19 2023
2) Subdivision Improvement Agreement
Item Number: 11.

SR-23-215
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 19, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Approval of Tract Map No. 38200 for Rancho Descanso, Acceptance of Dedications for Street and Utility Purposes, Acceptance of Subdivision Improvement Agreement and Related Security
RECOMMENDATION:
1) Find that Tract Map No. 38200 is in substantial conformance with the previously approved tentative map;
2) Approve Tract Map No. 38200 in accordance with the Conditions of Approval; 3) Accept the dedications as offered on the map for street and public utility purposes; 4) Accept the Subdivision Improvement Agreement, Performance Bond and Labor and Materials Bond, any substantive changes shall be approved by the City Manager and the City Attorney; 5) Authorize the City Clerk and City Engineer to sign the map evidencing the City Council’s approval; and
6) Authorize staff to process and file the map and subdivision improvement agreement with the County Recorder’s Office.

BACKGROUND:

A lot line adjustment was recorded on October 21, 2021 which removed APN 656-400-049 from inside Parcel A, as well as other adjustments to the southerly lot lines of APNs 656-080-016 and 656-080- 014.

On December 14, 2021, the Planning Commission of the City of the City of Desert Hot Springs approved Tentative Tract Map No. 38200 (TM-21-5) which proposed to divide the parcel into 76 residential lots, a lot for a retention basin, a lot for a recreation site, two lots for street dedication and public utility purposes, and internal tract streets. The Tentative Tract Map conditions were included as part of the Rancho Descanso Specific Plan Amendment SP-21-3 and Development Permit DP 21-18. On February 1, 2022, City Council approved the 2nd Reading for Specific Plan Amendment SP 21-3, Development Permit DP 21-18, and Tentative Tract Map 21-5.

DISCUSSION:

The applicant has now submitted an application to file the corresponding Final Tract Map No. 38200.

Tract Map No. 38200 will dedicate right-of-way for roadway purposes along Camino Campesino and Avenida Descanso, and create private streets within the residential tract.

Item Number: 11.

SR-23-215
The public improvements for Tract 38200 include off-site and on-site improvements. The off-site improvements are along Camino Campesino and Avenida Descanso along the frontage of the property and include but are not limited to grind and overlay of asphalt sections, road base material, asphalt, curb and gutter, sidewalk, driveway approach, streetlights, striping and marking, and landscaping and irrigation. The on-site improvements include but are not limited to on-site grading, fill and export, interior streets with base material and asphalt, curbs, sidewalks, walkways, entry improvements, storm drainpipes, catch basins, a retention basin, and landscaping and irrigation. All of these improvements are shown on street improvement and grading plans filed with the City. In order to guarantee the installation of these public improvements to the City and any future owners of the subdivided parcels, the developer has filed a Subdivision Improvement Agreement with the City. Performance of the agreement by the developer is guaranteed by performance and labor and materials bonds referenced in the agreement.

The Subdivision Improvement Agreement will be recorded with the County Recorder to notify any future owners of the requirements for development of the parcels. This is in accordance with the City’s Municipal Code.

A draft of the Subdivision Improvement Agreement, Performance Bond and Labor and Materials Bond is attached as an Exhibit. Any substantive changes to the draft agreement shall be approved by the City Manager and City Attorney.

Staff recommends that the Council find that the tract map is in substantial conformance with the previously approved tentative tract map.

FISCAL IMPACT:

There is no direct fiscal impact to the City as a result of this approval. Fees collected for permits will offset the City’s costs in processing the improvements. In addition, security will be posted to ensure that all improvements are completed prior to the issuance of a Certificate of Occupancy.

ATTACHMENTS:
1) Tentative Tract Map 38200
2) Tract Map No. 38200
3) Conditions of Approval
Item Number: 11.

30' WIDE

SEWER &
WATER

EASEMENT
30' WIDE EVA ACCESS
6 5 4 3 2 1
7 8
9 10
11 12
13 14
15 17
16 18 19 20 21 22 23 24 25 26 RETENTION BASIN
35 34 33 32 31 30 29 28 27
36 37 38 39 40 41 42 43 44
53 52 51 50 49 48 47 46 45
54 55 56 PARK 57 58 59 60
61 62
63 64
65 66
67 68
69 76 75 74 73 72 71 70
PARCEL "B"
LLA 21-01
PARCEL "C"
LLA 21-01

CAMINO CAMPESINO
PROP. 6" CURB
& GUTTER
PROP. 5' WIDE

SIDEWALK
EX. 8" PVC TO BE
REPLACED W/ 8" D.I.P. PROP. 6' GARDEN WALL
PROP. 6'

GARDEN WALL
EX. BOUNDARY
PROP. BOUNDARY PROP. 6' GARDEN WALL PROP. 6" CURB & GUTTER PROP. 5' WIDE SIDEWALK EX. BOUNDARY PROP. BOUNDARY PROP. 6' GARDEN WALL TR 22287-1 MB 234/4-7 TR 22287-1 MB 234/4-7
41 40 39 38 37 36 35 34

RANCHO DESCANSO RANCHO ENTRADA AVENIDA DESCANSO

AVENIDA DE PAZ

AVENIDA DE NUVES

AVENIDA DE SOLEDAD

AVENIDA DE CIELO

LOT K LOT I
PROP. SEWER
PROP. WATER
PROP. SEWER
PROP. WATER
PROP. SEWER
PROP. WATER
PROP. WATER
PROP. SEWER
PROP. SEWER
PROP. WATER
PROP. SEWER
PROP. WATER
EXIST. 8" DIP WATER
EX. 8" PVC WATER (ABANDONED)
EX. 8" VCP SEWER
FUT. 6" CURB
& GUTTER
FUT. 5' WIDE

SIDEWALK LOT C PRIVATE STREET
LOT D

PRIVATE STREET
LOT E

PRIVATE STREET LOT G PRIVATE STREET
LOT F

PRIVATE STREET
LOT H

PRIVATE STREET

OPEN SPACE
LOT J
LOT A

LOT B LOT L LOT M LOT N LOT P LOT OLOT Q
PROP. 6" CURB
& GUTTER
PROP. 5' WIDE

SIDEWALK
60' 120'
ACREAGE: 17.83 GROSS

16.57 NET
PUBLIC STREETS (LOTS A & B):1.31 AC. (56,979 S.F.)
PRIVATE STREETS (LOTS C-H):2.70 AC (117,655 S.F.)
OPEN SPACE LOT (LOT I): 0.19 AC. (8,192 S.F.)
PARK AREA (LOT J): 0.25 AC. (10,800 S.F.)
RETENTION BASIN (LOT K): 0.56 AC. (24,235 S.F.)
LANDSCAPE AREA (LOTS L-Q): 0.24 AC (10,520 S.F.)
RESIDENTIAL LOTS: 76 LOTS
AVERAGE LOT 60' X 120'
AVERAGE SQ.FT. 7,210 SQ.FT.

EXISTING USE: VACANT
PROPOSED USE: SINGLE FAMILY
EXISTING SPECIFIC PLAN: AVENTURA PALMS II SPECIFIC PLAN PROP. 8" V.C.P.

SEWER MAIN

NORTH OR

EAST R/W

SOUTH OR

WEST R/W
A.C.

PVMT.

PROP. 8" D.I.P.

WATER MAIN
PROP.

WEDGE
CURB

BASE COURSE

COMPACTED

SUBGRADE
NORTH
R/W
SOUTH
R/W
WEST
R/W
EX. 8" P.V.C. TO BE
REPLACED W/ 8" D.I.P.

WATER MAIN
A.C.

PVMT.

BASE COURSE

COMPACTED

SUBGRADE
PROP. 6" CURB
& 24" GUTTER
PROP. 6'

BLOCK WALL
EXIST.

BLOCK WALL
EX. 8" V.C.P.

SEWER MAIN
EX. A.C.

PVMT.

EAST
R/W
EX. 8" D.I.P.

WATER MAIN
PROP. A.C.

PVMT.

PROP. 6" CURB
& 24" GUTTER

BASE COURSE

COMPACTED

SUBGRADE
PROP. 6'
BLOCK
WALL
EX. GROUND
LOT #
5' 10' 20'
5'
PROP. 6" CURB
& 24" GUTTER
HEI

C O N S U L T I N G
TEC w w w . h e i t e c i n c . c o m
Suite 309
777 East Tahquitz Canyon Way
Palm Springs, California 92262
Phone: 760.340.9060
TENTATIVE TRACT MAP 38200

DESERT HOT SPRINGS
OCTOBER 5, 2021

THAT CERTAIN REAL PROPERTY LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 3 SOUTH, RANGE 5 EAST, S.B.M. IN THE CITY OF DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS PARCEL “A” IN LLA 21-1, AS RECORDED , 2021, AS INSTRUMENT NO. 21-
IN THE LEGAL DESCRIPTION THAT FOLLOWS:

PARCEL “A”
BEGINNING AT THE NORTHEAST CORNER OF LOT 34 OF TRACT NO. 22287-1, RECORDED IN BOOK 234, PAGES 4 THROUGH 7, INCLUSIVE, OF MAPS, AS FILED IN THE SAID COUNTY RECORDER'S OFFICE;
THENCE NORTH 88°56'31”31 WEST, 280.23 FEET TO THE NORTHWEST CORNER OF LOT 38 OF SAID TRACT NO. 22287-1;
THENCE NORTH 89°11'49” WEST, 291.79 FEET TO THE NORTHEAST CORNER OF LOT 39, OF SAID TRACT NO. 22287-1;
THENCE NORTH 88°26'56” WEST TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID TRACT NO. 22287-1, 257.63 FEET;
THENCE NORTH 01°33'04” EAST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID TRACT 22287-1, 849.14 FEET TO ITS

INTERSECTION WITH THE CENTERLINE OF CAMINO CAMPESINO AS SHOWN ON SAID TRACT NO. 22287-1;
THENCE SOUTH 89°28'24” EAST ALONG THE SAID CENTERLINE OF CAMINO CAMPESINO, 915.34 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF AVENIDA DESCANSO AS SHOWN ON SAID TRACT NO. 22287-1;
THENCE SOUTH 02°56'10” WEST ALONG THE SAID CENTERLINE OF AVENIDA DESCANSO, 917.78 FEET TO THE NORTHEAST CORNER OF LOT “D” AS SHOWN ON SAID TRACT NO. 22287-1;
THENCE NORTH 87°03'50” WEST, PERPENDICULAR TO THE SAID
CENTERLINE OF AVENIDA DESCANSO, 63.42 FEET TO A POINT ON THE EAST LINE LOT 34 OF SAID TRACT NO. 22287-1;
THENCE NORTH 01°33'04” EAST ALONG THE EAST LINE OF LOT 34 OF SAID TRACT NO. 22287-1, 56.69 FEET TO THE POINT OF BEGINNING.

CONTAINS 17.83 ACRES, MORE OR LESS.

SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS AND COVENANTS,
CONDITIONS AND RESTRICTIONS OF RECORD.

LEGEND

EXISTING SEWER

EXISTING WATER
2:1 SLOPE (UNLESS

OTHERWISE NOTED)
℄ CENTERLINE

EP EDGE OF PAVEMENT
ESMT. EASEMENT
EX. EXISTING
FUT. FUTURE

L/S LANDSCAPE
PROP. PROPOSED

PUE PUBLIC UTILITY EASEMENT

S/W SIDEWALK

ZONE X SHADED

0.2% ANNUAL CHANCE OF FLOOD HAZARD
MAP 06065C0915G, AUGUST 28, 2008
TR 29935 MB 307/64-71 - VISTA MONTANA MOBILE HOME PARK
VACANT

VACANT VACANT
VACANT VACANT DOS PALMAS TR UNIT NO 5 MB 29/89-90 - EXISTING SINGLE FAMILY 10' PUE

VISTA MONTANA

PALM DRIVE MOBILE

ESTATES
Item Number: 11.

TRACT NO. 38200

IN THE CITY OF DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA HEI

C O N S U L T I N G
TEC
BEING A SUBDIVISION OF PARCEL A OF LOT LINE ADJUSTMENT LLA 21-01 RECORDED OCTOBER 27, 2021 AS INSTRUMENT NO. 2021-0636911 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, AND SITUATED IN THE S 1/2 OF THE SE 1/4 OF SEC. 6, T.3 S., R 5 E., S.B.M.

Item Number: 11.

TRACT NO. 38200

IN THE CITY OF DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

EASEMENT NOTES

BASIS OF BEARINGS
HEI

C O N S U L T I N G
TEC
BEING A SUBDIVISION OF PARCEL A OF LOT LINE ADJUSTMENT LLA 21-01 RECORDED OCTOBER 27, 2021 AS INSTRUMENT NO. 2021-0636911 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, AND SITUATED IN THE S 1/2 OF THE SE 1/4 OF SEC. 6, T.3 S., R 5 E., S.B.M.

SURVEYOR'S NOTES:

M.B. 307/64-71
41 40 39 38
37 36 35 34
PARCEL "B"
LLA 21-1
M/B 29/89-90
TRACT 22287-1 M.B. 234/4-7
PARCEL "C"
LLA 21-1
PARCEL 'C' LLA 21-01
Item Number: 11.

TRACT NO. 38200

IN THE CITY OF DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA HEI

C O N S U L T I N G
TEC
BEING A SUBDIVISION OF PARCEL A OF LOT LINE ADJUSTMENT LLA 21-01 RECORDED OCTOBER 27, 2021 AS INSTRUMENT NO. 2021-0636911 OF OFFICIAL RECORDS OF RIVERSIDE

COUNTY, AND SITUATED IN THE
S 1/2 OF THE SE 1/4 OF SEC. 6, T.3 S., R 5 E., S.B.M.

NOTE:

M.B. 307/64-71
Item Number: 11.

TRACT NO. 38200

IN THE CITY OF DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA HEI

C O N S U L T I N G
TEC
BEING A SUBDIVISION OF PARCEL A OF LOT LINE ADJUSTMENT LLA 21-01 RECORDED OCTOBER 27, 2021 AS INSTRUMENT NO. 2021-0636911 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, AND SITUATED IN THE S 1/2 OF THE SE 1/4 OF SEC. 6, T.3 S., R 5 E., S.B.M. NOTE:

M.B. 234/4-7
41 40 39 38 37 36 35 34
PARCEL "B"
LLA 21-1
INST. NO. 2021-0636911
M.B.234/4-7
PARCEL "C"
LLA 21-1
INST. NO.
2021-0636911
LOT J

Item Number: 11.
1 FINAL CONDITIONS OF APPROVAL
MEETING DATE: February 1
st , 2022
TITLE: Aventura Palms II Specific Plan Amendment
CASE NO: Specific Plan Amendment No. SP-21-3, Development Permit No. 21-18, & Tentative Tract Map No. 21-5
PREPARED BY: Patricia M. Villagomez, Associate Planner
Project Specific Conditions

1. The Specific Plan Amendment, Development Permit, and Tentative Tract Map is for the development of 76 new single-family dwellings with associated improvements.

2. The applicant/developer shall obtain all necessary Building and Engineering permits.

3. The Rancho Descanso Specific Plan Amendment project site shall be in conformance with the approved Environment Documentation including but not limited to the Mitigated Negative Declaration.

Administrative Conditions

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

The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regard to such defense.

5. All development on the Project Site shall be in compliance with all applicable provisions of the City’s Municipal Code as well as all applicable provisions of the adopted Building and Fire Codes. All new construction shall obtain a building permit Item Number: 11.

2 and comply with the requirements of the Planning, Building, and Fire Departments.

6. No Certificate of Occupancy (C of O) shall be granted until all Conditions of Approval have been completed and approved by the Planning, Engineering, Building, and Fire Departments unless otherwise identified herein.

7. The development of the project on the Project Site shall be in substantial compliance with the exhibits contained in the project file for SP 21-3, DP 21-18 & TM 21-5 and incorporated herein by this reference.

8. Within fifteen (15) days of final approval (expiration of the appeal period) by the Planning Commission, the applicant/developer shall submit in writing, a statement indicating that he/she has read and agrees to the conditions imposed herein. This approval shall become void, and any privilege, permit, or other authorization granted under these entitlements if compliance with this condition has not been undertaken within the specified time limits.

9. The applicant/developer shall deliver within 5 (five) working days to the Community Development Department a cashier’s check, money order, or other acceptable form of payment made payable to “Riverside County” in the amount of $2,548.00 plus $50.00 for processing fee to enable the City to file a Notice of Determination required pursuant to California Code of Regulations Section 15075. Any additional fees that may be attributed to the required filing of environmental documents shall be paid by the applicant/developer. If applicant/developer has not delivered to the Community Development Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). (Added by Staff)

10. The applicant/developer shall pay all established service, permit, impact, public art, and other applicable fees required by the City. Note: The Transportation Unified Mitigation Fee is collected by the City of Desert Hot Springs on behalf of the Coachella Valley Association of Governments. Questions on the calculation of this fee should be addressed to them at (760) 346-1127. The School District Fees are imposed by the Palm Springs Unified School District and questions should be addressed to them at (760) 416-6159.

Planning Conditions

11. The City, and any agency or instrumentality thereof, and/or any of its officers, employees and agents, including the Community Development Department, shall not under any circumstances whatsoever be responsible for ensuring compliance Item Number: 11.

3 with Property Owner Association requirements, which requirements are private in nature. The City, and any agency or instrumentality thereof, and/or any of its officers, employees and agents is not responsible for ensuring that the Property Owners Association has approved an application/project before the City approves an application and/or issuance of permits.

12. The applicant/developer shall maintain the Project Site after the start of construction and until the Project is completed, free of weeds, debris, trash or any other offensive, unhealthful and dangerous material. If after five (5) days’ notice by certified mail, the applicant/developer does not comply with the before mentioned criterion, the City may either cancel building or grading permits and/or enter the Project Site with City staff and remove all subject violations, bill the applicant/developer and/or put a lien on the Project Site.

13. All walls and trash enclosures shall have a decorative wall surface and a decorative cap that are consistent with the overall architecture of the project. The use of rolled concrete on any exterior walls or trash enclosures is specifically prohibited. The trash enclosure shall be constructed per City Standards.

Standard Landscaping/Parking Conditions

14. All new development shall comply with Mission Springs Water District’s Water Efficient Landscaping Guidelines (guidelines are available at www.mswd.org). This policy requires outdoor water conservation practices within MSWD’s service area, specifically: (1) the creation of landscape plans featuring the use of California native desert friendly plants; and (2) the preparation of irrigation plans detailing water efficient irrigation technology systems (e.g., drip irrigation, evapotranspiration irrigation controllers, etc.) appropriate to an arid desert climate.

15. The applicant shall prepare a Final Landscape Construction and Irrigation Plan that is prepared by a licensed landscape architect subject to the following:
a. Approval from the Planning Department
b. Approval and inspection from Mission Springs Water District c. A plant landscape legend, including a specific symbol for each plant species used, size (i.e., caliper, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.
d. Provide the total percentage of evergreen trees of all trees not including palm trees as evergreen.
e. Clear indication where landscaping will be used to screen mechanical, electrical, and irrigation equipment.
f. A detail showing planter design adjacent to walkways and driveways that is Item Number: 11.

4 designed to prevent soil and/or decomposed granite from flowing onto walkways and driveways. There shall be a minimum two-inch vertical separation between the pavement and the soil.
g. Plant and tree installation and staking details.
h. Details on how vines will be attached to the structural elements. i. Install a row of trees and ground cover across the rear property line.

16. Site landscaping shall comply with the City Guidelines and Water Conservation policies regardless of whether the items are illustrated on the Construction Landscape Plans:
a. Plants and trees shall be primarily of drought tolerant species compatible with the desert environment.
b. Projects shall minimize the use of turf.
c. At least fifty percent (20%) of the trees shall be evergreen species. d. All trees in parking lots shall be centered between parking spaces to provide optimal shading.
e. All single trunk trees shall be double staked and multi-trunk trees shall be staked appropriate to the species of tree.
f. Arbor guards shall be installed around trees in turf areas. g. Projects located along major arterials and/or streets shall comply with the street tree requirements of the Design Guidelines.
h. Planter areas shall be surrounded by a concrete mow strip or other hard surface.
i. All ground-mounted equipment, such as mechanical, electrical, and irrigation equipment (backflow preventers), shall be located within a landscape planter.

This equipment shall not be located within a turf area and shall not be visible from public view.
j. Any drain that terminates in a planter shall have a splash guard. k. All palm trees shall have a brown trunk height of twenty (12) feet. l. The site shall have a maximum of twenty-five percent (25%) fifteen (15) gallon trees and all other trees shall be twenty-four (24) inch box or greater. m. All trees twenty-four (24) inch box or greater shall be verified as to size by the project planner who shall ensure that each tree has diameter of three (3) inches five (5) inches from the ground level.
n. All changes of species made by the Mission Springs Water District shall have concurrent approval from the Community Development prior to final approval.

17. Parking spaces adjacent to any planter shall have a width totaling eleven (11) feet, or the landscape finger or planter curb be an extra foot wide to protect the landscaping.

Item Number: 11.

5 18. Wheel stops within the parking lot are prohibited unless required for ADA compliance.

19. All redwood headers are specifically prohibited from use on the project site.

Standard Graffiti Conditions

20. The applicant/developer and/or successor(s) in interest shall be responsible for the removal of any graffiti vandalism from the project site (exterior building surfaces and/or exterior walls/fences) within 24-hour after discovering the graffiti vandalism or receipt of notice from the City of the same. The applicant/developer shall contact the City’s Graffiti Hot Line at 888-562-3822 within 24 hours of discovering the graffiti vandalism. (Revised at City Council January 18, 2022)

21. The applicant/developer and/or successor(s) shall apply (and maintain) a protective coating or graffiti resistant materials acceptable to the City’s Public Works and/or Community Development Department, to provide for the effective and expeditious removal of graffiti on all exterior building elevations and/or project walls and/or replacement of defaced screening panels.

22. The Applicant/developer and/or successor(s) in interest hereby agrees to allow the City and/or its agents to enter the property for the purpose of removing or painting over graffiti vandalism, if the applicant/developer and/or successor(s) in interest fail to remove the reported graffiti vandalism within the 48 hours of discovering the graffiti or receipt of notice from the City.

23. The applicant/developer and/or successor(s) in interest shall, to the extent feasible, have designed a building structure visible from any public or quasi-public place in such a manner to consider prevention of graffiti, including, but not limited to the following:
a. Use of additional lighting;
b. Use of non-solid fencing;
c. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; or
d. Use of architectural design to break up long, continuous wall or solid areas.

Lighting Conditions

39. The applicant shall submit an exterior Lighting Plan in compliance with all relevant sections of the DHSMC; include a photometric analysis, to the Planning Department Item Number: 11.

6 for review and approval prior to issuance of a building permit. The Lighting Plan shall also identify the following:
a. Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the Project Site and shall be directed downward and away from adjoining properties and the public right-of-way.
b. All lighting outdoor lighting including fixture shall direct lighting downward. c. The type of fixtures, including height, material, and color. d. The total height of all freestanding lighting fixtures shall not exceed 18 feet. e. That all concrete fixture bases will have a decorative finish. At a minimum, a trowel finish shall be provided.
f. That the bolts connecting the light fixture to the base shall be covered. g. The lighting on-site shall provide 100-foot face recognition

40. Applicant/developer shall adhere to the City’s light standard and identify all light fixtures (wall mounted and pole lights) on the site plan.

Building & Safety Conditions

42. Project shall comply with the adopted California Building Standards Code (Title 24, California Code of Regulations) and other adopted City Ordinances which include the following:
a. CA Building Code
b. CA Plumbing Code
c. CA Mechanical Code
d. CA Electrical Code
e. CA Fire Code
f. CA Green Building Standards Code
g. CA Energy Code

43. As applicable, automatic fire sprinkler systems shall be installed in all new construction as per Chapter 9 of the California Building code and per City Ordinance.

Design and type of system shall be based upon the requirements of the California Building Code, the California Fire Code and the requirements of the Fire Department.

44. The requirements of the Department of Environmental Health Services and the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

Item Number: 11.

7 45. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall obtain a Temporary Use Permit and comply with the City of Desert Hot Springs requirements.

46. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the property line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the property line.

Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case-by-case basis for extenuating circumstances.

47. All property lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non-conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

48. If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to the Building Department. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

Police Department Conditions

49. The applicant/developer shall comply with all applicable federal, state and City laws and regulations.

50. All traffic, parking and security for events are subject to Police Department approval.

Additional Conditions and requirements may apply.

51. The applicant/developer shall incorporate all aspects of Crime Prevention through Environmental Design for visual surveillance, access control and territorial reinforcement.

52. The applicant and operator shall at all times implement the Utilize Crime Prevention Through Environmental Design (C.P.T.E.D) throughout the project, as follows:

CPTED Principle #1 – Natural Surveillance
"See and be seen" is the overall goal when it comes to CPTED and natural surveillance. A person is less likely to commit a crime if they think someone will see them do it. Lighting and landscape play an important role in Crime Item Number: 11.

8 Prevention Through Environmental Design.

CPTED Principle #2 - Natural Access Control
Natural Access Control is more than a high block wall topped with barbed wire.

Crime Prevention Through Environmental Design or CPTED utilizes the use of walkways, fences, lighting, signage and landscape to clearly guide people and vehicles to and from the proper entrances. The goal with this CPTED principle is not necessarily to keep intruders out, but to direct the flow of people while decreasing the opportunity for crime.

CPTED Principle #3 – Territorial Reinforcement
Creating or extending a "sphere of influence" by utilizing physical designs such as pavement treatments, landscaping and signage that enable users of an area to develop a sense of proprietorship over it is the goal of this CPTED principle.

Public areas are clearly distinguished from private ones. Potential trespassers perceive this control and are thereby discouraged.

CPTED Principle #4 – Maintenance
CPTED and the "Broken Window Theory" suggests that one "broken window" or nuisance, if allowed to exist, will lead to others and ultimately to the decline of an entire neighborhood. Neglected and poorly maintained properties are breeding grounds for criminal activity. We will work with you to develop a formal CPTED based maintenance plan to help you preserve your property value and make it a safer place.

53. Prior to issuance of building permits, the site plan shall indicate all perimeter walls and fences to be of a design to prevent or discourage scaling & graffiti.

54. Prior to issuance of building permits, that landscape plan shall include drought tolerant “hostile vegetation” shall be used when possible under windows and around the fence line.

55. Prior to issuance of building permits, the plans shall be approved to indicate the location and type of all gate control and access equipment and/or systems (e.g. Knox box, keypad, radio control, etc.) Prior to issuance of occupancy permits, the applicant will provide all access equipment, materials, codes, etc. to the City of Desert Hot Springs Police Department.

56. Any private security service that uses security guards with uniforms shall assure to the satisfaction of the City of Desert Hot Springs Police Department that the uniforms are sufficiently different in appearance from any uniform of the Police Department, Riverside County Sheriff or other local police department.

Engineering Conditions

57. The applicant/developer shall annex to Community Facilities District No. 2010-1 for the maintenance of:

Item Number: 11.

9 a) Landscape/hardscape
b) Streetlights
c) Drainage Basins/Storm Drain Facilities
d) Prior to the issuance of a Certificate of Occupancy

58. The applicant/developer shall pay five thousand dollars ($5,000) cost for the City’s consultant to annex the Community Facilities District No. 2010-1 and the City fee for processing the request, prior to the issuance of an occupancy permit.

59. The applicant/developer shall pay five thousand dollars ($5,000) cost for the City’s consultant to annex to PTAX2 and the City fee for processing the request, prior to the issuance of an occupancy permit.

60. The applicant/developer shall submit the following items for approval from the Engineering Department:
a) Grading Plans with the street address for each lot and/or building foot prints
b) Storm Drain/Drainage Plans
c) Street Improvements Plans
d) Street Signage and Stripping Plans
e) Street Lighting Plans
f) Hydrology Report
g) Water Quality Management Plan
h) Composite Utility Plans
i) (Sewer and Water Plans – Submit to Mission Springs Water District)

61. The applicant shall dedicate 30 feet of right of way on the west side of Avenida Descanso. Street dedications of easements shall be by Tract Map or by separate document.

62. The applicant shall dedicate 30 feet of right of way on the south side of Camino Campesino. Street dedications of easements shall be by Tract Map or by separate document (added by Staff)

63. The applicant shall merge the 3 APN’s 656-400-049, 656-080-016, and 656-080- 014. The parcels shall be merged by Tract Map or by separate document.

64. Prior to the installation of any improvements in the public right of way (ROW), an encroachment permit shall be obtained from the City Public Works Department.

65. A soil compaction report shall be prepared and submitted to the City Building Department for approval prior to issuance of any building permit.

66. There shall be no encroachment into public rights of way for construction trailers, equipment, trash bins, portable toilets, or materials; all of which shall be kept on-site.

Construction access to the site shall be by an approved driveway, entry, or curb cut; Item Number: 11.

10 no asphalt ramps or curb jumping is permitted.

67. At no time shall any adjacent streets for the project be allowed to be used for construction staging, storage or other such construction related activities. Access by heavy equipment shall be limited to the minimum number of trips essential to completing the construction. Any damage to the existing public roadways, sidewalks or other infrastructure shall be repaired or replaced by the Applicant’s contractor at his own expense, as directed by the Public Works Manager.

68. The applicant/developer shall submit an owner-and contractor-signed PM10 Dust Control Implementation Plan in accordance with the standards and codes of the City and the South Coast Air Quality Management District (SCAQMD). Plans shall be submitted for review and approval by the Public Works Department prior to the issuance of any grading and/or applicable building permits. Any site that is greater than 10 acres shall concurrently process a PM10 Dust Control Implementation Plan with the SCAQMD. For further information contact the SCAQMD at:

South Coast Air Quality Management District (SCAQMD)
21865 Copley Drive
Diamond Bar, CA 91765
(800) CUT-SMOG (288-7664)
www.aqmd.gov

69. The applicant/developer shall comply with the National Pollution Discharge Elimination System (NPDES) requirements per the California Regional Water Quality Control Board (RWQCB) regulations. The Applicant/Developer shall submit a Project Specific Stormwater Pollution Prevention Plan (SWPPP) to comply with the California General Permit for Stormwater Discharges Associated with the Construction Activity, prior to the issuance of a grading permit. For projects larger than 1 acre, the Applicant/Developer shall obtain all required permits from the California Regional Water Quality Control Board (RWQCB) and submit a copy of the Notice of Intent (NOI) and the Waste Discharge Identification Number (WDID#) to the City’s Public Works Department prior to the issuance of the any grading permit.

For further information contact the RWQCB at:

California Regional Water Quality Control Board (RWQCB), Colorado River Basin Region,
73-720 Fred Waring Drive #100
Palm Desert, CA 92260
(760) 346-7491
www.waterboards.ca.gov/colorariver

70. The on-site driveways and parking areas shall be improved with asphalt or concrete paving, permeable pavers, curbs, gutters, and appurtenances as shown generally on the approved site plan. The thickness of pavement shall be determined by the applicant’s engineer based upon “R” value tests taken of the soils and appropriate Item Number: 11.

11 traffic indices to be determined by the applicant’s engineer, all subject to approval by the City Engineer.

71. All on-site paving, curbs and gutters, sidewalks, ramps and other site work shall be constructed to City standards, subject to the improvement plans approved by the City Engineer.

72. The applicant/developer shall comply with section 8.08 Recycling and Diversion of Waste from Construction and Demolition of the Municipal Code and file a Plan with the City’s Building Department prior to the start of any construction.

73. The applicant/developer shall comply with all recommendations for off-site improvements as per Traffic Impact Analysis dated August 23, 2021:
a) Construct Camino Campesino as a two-lane roadway from Avenida Descanso (easterly Project site boundary) to Palm Drive. b) Palm Drive and Camino Campesino. Install stop control on the westbound approach. Provide one shared westbound left/right lane. c) Project Driveway and Camino Campesino. Install stop control on the northbound approach. Provide one shared northbound left/right lane. Provide one eastbound through/right lane. Provide one westbound left/through lane. d) All street improvements shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, streetlights, catch basins, storm drains, and fully landscaped and irrigated along the property frontages. e) Improvements shall include all necessary removal of existing street improvements in order to construct required street improvements per City Engineer.
f) Improvements shall include removal and construction of existing street improvements that are severely damaged and/or not in compliance with City Standards along Avenida Descanso per City Engineer.
g) All sidewalks, ramps, and landings shall be compliant with the Americans with Disability Act.

74. All street improvements shall include the energized of streetlights and installation of irrigation and landscaping.

75. The minimum grade on all proposed streets shall be 0.50% unless approved in advance, in writing, by the City Engineer.

76. The applicant/developer shall submit a project specific Hydrology Report, using Riverside County Flood Control and Water Conservation District’s Hydrology Manuel for City review and approval.

77. No nuisance water shall escape the site onto public streets.

78. The applicant/developer shall provide on-site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin Item Number: 11.

12 shall include a sufficient number of underground vertical drywells designed to eliminate standing water in the basin. The retention basin shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100- year storm event of 24-hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site.

The retention basin shall be designed with a maximum depth of 5 feet and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water. Alternate methods may be provided with the approval of the City Engineer.
a) Any other facilities required in the drainage/hydrology study shall be designed and installed as detailed in Section 15.68, Flood Plain Management, and Section 15.72 Floodplain Construction of the Desert Hot Springs Municipal Code.
b) All retention basins/systems shall be located on site; off-site retention basins/systems are specifically prohibited.
c) Retention Basin Vehicular Access - Vehicular access shall be provided for maintenance of the retention basins to the satisfaction of the City Engineer.

The City Engineer shall determine the need and/or design of such access.

The grading of a “road” to the bottom shall comply with health and safety standards and shall meet the requisite design requirements including geometries and capacity of the basin(s). Maintenance of retention basins and drainage system shall be the responsibility of the Applicant/property owner/operator.

79. The design of the on-site grading, street improvements and the storm drainage improvements shall be coordinated with all adjacent projects to the satisfaction of the City Engineer.

80. The applicant/developer shall prepare and submit a Project Specific Preliminary and Final Water Quality Management Plans pursuant to the Whitewater River Region Water Quality Management Plan for Urban Runoff.

81. The proposed driveways shall be a radius driveway per City of Desert Hot Springs Standard No. 210.

82. All overhead utilities less than 92kv, located within the project boundaries, bordering the project and/or fronting the project shall be undergrounded.

83. If not all the public improvements are completed before the applicant/developer applies for a Certificate of Occupancy, the applicant/developer may submit an engineer’s estimate with approved improvements plans and shall file an improvement agreement with security to guarantee completion of public improvements as follows:

Item Number: 11.

13 a. A faithful performance security in an amount deemed sufficient by the City Engineer to cover up to 100% of the total estimated cost of all required improvements, including bonding requirements for grading as outlined in the Municipal Code.
b. A labor and material security to cover up to 50% of the total estimated cost of all required improvements.
c. If the required project improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material security required by the special assessment act being used, the City may reduce the improvement security of the Applicant/Developer by an amount corresponding to the amount of the security furnished by the contractor.
d. Notwithstanding the above, the Applicant/Developer may satisfy the requirement for security of certain improvements by providing proof that same has been posted with another public agency subject to the approval of the City Engineer.

84. Security may be one of the following types subject to the approval of the City Engineer and City Attorney as to form:
a. Bonds - All bonds shall be executed by a surety company authorized to transact business as a surety, and have an agent for service in California, together with an acceptable policy holder’s rating. The bond(s) shall contain the nearest street address of the institution providing the bond(s). b. Cash Deposits - In lieu of the faithful performance and labor and material bonds, the developer may submit cash deposits or negotiable bonds of a kind approved for securing deposits of public monies under the conditions hereinafter described.
c. Disbursements from cash deposits shall be made in compliance with a separate agreement between the developer and the City. A bookkeeping fee of 1% of the total amount deposited with the City for each cash deposit shall be submitted with each security. Disbursements from a cash deposit in any instance shall not be permitted unless and until authorized in writing by the City Engineer.

85. All improvement agreements shall be approved by the City Attorney and City Council. Security for the agreement shall be approved by the City Attorney and Finance Director.

Tentative Tract Map Conditions

86. The applicant/developer shall submit the following for City approval.

Item Number: 11.

14 a. The Final Map
b. Title Report prepared within the last 60 days
c. Closure Calculations
d. Soils Report
e. A subdivision Guarantee indicating all those parties who must sign the map. (If applicable, articles of incorporation identifying the signature authority)

87. The Tract Map shall be prepared in accordance with Chapter 16.24 Subdivision Maps of the Municipal Code.

88. An Environmental Constraint sheet shall be filed concurrently with the Tract Map.

89. The applicant must submit all clearances from utilities if needed.

90. Dedicate 30 feet of right of way on the west side of Avenida Descanso. Street dedications of easements shall be by Tract Map or by separate document.

91. Tentative Tract Map No. 38200 is part of Development Permit No. 21-18 (DP 21- 18), all public improvements show on the DP 21-18 shall be part of TTM 38200 including but not limited to all onsite grading, storm drain, retention basin systems, site improvements, and all off site street improvements.

92. Prior to the approval of the Final Map by the City, the owner shall complete all public improvements as shown in DP 21-18. The owner may file an improvement agreement with security to guarantee completion of any incomplete public improvements as shown DP 21-18. The security guarantee shall be as follows:
a. A faithful performance security in an amount deemed sufficient by the City Engineer to cover up to 100% of the total estimated cost of all required improvements.
b. A labor and material security to cover up to 50% of the total estimated cost of all required improvements.
c. A monumentation security in an amount stipulated by the City Engineer to cover the cost of placing lot corners and other related monuments.

93. Security may be one of the following types subject to the approval of the City Engineer and City Attorney as to form:
a. Bonds – All bonds shall be executed by a surety company authorized to transact business as a surety, and have an agent for service in California, together with an acceptable policy holder’s rating. The bond(s) shall contain the nearest street address of the institution providing the bond(s). b. Cash Deposits – In lieu of the faithful performance and labor and material bonds, the developer may submit cash deposits or negotiable bonds of a kind approved for securing deposits of public monies approved by the City’s Administrative Services Director.

Item Number: 11.

15 94. All improvement agreements shall be approved by the City Council and the City Attorney.

Environmental/Tribal Mitigation Conditions

95. The applicant/developer shall implement all mitigation measures and monitoring program requirements outlined in the Environmental Documents.

96. If the project involves any ground disturbance applicant/developer shall hire a paleontological monitor and shall be responsible for payment of all related expenses.

If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved.

97. The applicant/developer shall provide the consulting tribes the following; a. Cultural resources inventory of the project area (by a qualified archaeologist) prior to any development activities in the area.
b. Copy of the records search with associated survey reports and site records from the information center.
c. Copies of any cultural resource documentation (report and site records) generation in connection with this project.

98. The applicant/developer shall have an approved Cultural Resource/Tribal Monitor on site during any ground disturbing activities (including archeological surveys).

Should buried cultural resource be encountered, the Monitor may request that desiccative construction halt and the Monitor shall notify a Qualified Archeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and each of the consulting Tribal Preservation Office’s.

99. In the event that human remains (or remains that may be human) are discovered at the project site during grading or earthmoving, the construction contractors, project archaeologist, and/or designated Native American Monitor shall immediately stop all activities within 100 feet of the find. The project proponent shall then inform the Riverside County Coroner and the City of Desert Hot Springs immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If human remains are determined as those of Native American origin, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). The coroner shall contact the NAHC to determine the most likely descendant(s). The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. The Disposition of the remains shall be overseen by the most likely descendant(s) to determine the most appropriate means of treating the human remains and any associated grave artifacts. The specific locations of Item Number: 11.

16 Native American burials and reburials will be proprietary and not disclosed to the general public. The County Coroner will notify the Native American Heritage Commission in accordance with California Public Resources Code 5097.98.

According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052) determined in consultation between the project proponent and the MLD. In the event that the project proponent and the MLD are in disagreement regarding the disposition of the remains, State law will apply and the median and decision process will occur with the NAHC (see Public Resources Code Section 5097.98(e) and 5097.94(k)).
100. Prior to grading permit issuance: If there are any changes to project site design and/or proposed grades, the Applicant shall contact the consulting tribes to provide an electronic copy of the revised plans for review. Additional consultation shall occur between the City of Desert Hot Springs, Applicant and interested tribes to discuss the proposed changes and to review any new impacts and/or potential avoidance/preservation of the cultural resources on the Project. The Applicant will make all attempts to avoid and/or preserve in place as many as possible of the cultural resources located on the project site if the site design and/or proposed grades should be revised in consult with the City of Desert Hot Springs. In specific circumstances where existing and/or new resources are determined to be unavoidable and/or unable to be preserved in place despite all feasible alternatives, the developer shall make every effort to relocate the resource to a nearby open space or designated location on the property that is not subject any future development, erosion or flooding.
101. Archaeological Monitoring: The Developer, the City and the consulting tribe(s) shall develop an archaeological monitoring plan to address details, timing and responsibilities of all archaeological activities that will occur at the project site, when it is determined by either the city or the consulting tribe(s) to be necessary. Details of the plan may include:
a. Project grading and development scheduling;
b. The development of a rotating or simultaneous schedule in coordination with the applicant and the Project Archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground disturbing activities on the site: including the scheduling, safety requirements, duties, scope of work, and Native American Tribal Monitors’ authority to stop and redirect grading activities in coordination with all Project archaeologists;
c. The protocols and stipulations that the Developer, City of Desert Hot Springs, the consulting tribes and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation;
Item Number: 11.

17 d. Archaeological Monitoring Plan shall take into account the potential impacts to undiscovered buried archaeological and cultural resources and procedures to protect in place and/or mitigate such impacts.
102. Treatment and Disposition of Cultural Resources: In the event that Native American cultural resources are inadvertently discovered during the course of grading for this Project. The following procedures will be carried out for treatment and disposition of the discoveries:
a. Temporary Curation and Storage: During the course of construction, all discovered resources shall be temporarily curated in a secure location onsite or at the offices of the project archaeologist. The removal of any artifacts from the project site will need to be thoroughly inventoried with tribal monitor oversite of the process; and
b. Treatment and Final Disposition: The landowner(s) shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts and non-human remains as part of the required mitigation for impacts to cultural resources. The applicant shall relinquish the artifacts through one or more of the following methods and provide the City of Desert Hot Springs with evidence of same:
i. Accommodate the process for onsite reburial of the discovered items with the consulting Native American tribes or bands. This shall include measures and provisions to protect the future reburial area from any future impacts. Reburial shall not occur until all cataloguing and basic recordation have been completed;
ii. A curation agreement with an appropriate qualified repository within Riverside County that meets federal standards per 36 CFR Part 79 and therefore would be professionally curated and made available to other archaeologists/researchers for further study. The collections and associated records shall be transferred, including title, to an appropriate curation facility within Riverside County, to be accompanied by payment of the fees necessary for permanent curation:
iii. For purposes of conflict resolution, if more than one Native American tribe or band is involved with the project and cannot come to an agreement as to the disposition of cultural materials, they shall be curated at the Western Science Center or Agua Caliente Cultural Museum.
iv. At the completion of grading, excavation and ground disturbing activities on the site a Phase IV Monitoring Report shall be submitted to the City of Desert Hot Springs documenting monitoring activities conducted by the project Archaeologist and Native Tribal Monitors within 60 days of completion of grading. This report shall document the impacts to the known resources on the property; describe how each mitigation measure was fulfilled; document the type of cultural resources recovered and the disposition of such resources; provide evidence of the required cultural sensitivity training for the construction staff held during the required preItem Number: 11.

18 grade meeting; and, in a confidential appendix, include the daily/weekly monitoring notes from the archaeologist. All reports produced will be submitted to the consulting tribes and Eastern Information Center and interested tribes.
103. Project shall have “Super Compliant” Architectural Coatings:
a. Prior to Building permit issuance the applicant shall submit evidence, such as emissions estimates, coating use estimates and manufacturers specifications for VOC content, or other evidence that indicates VOC emissions during architectural coating activities would not exceed SCAQMD CEQA significance thresholds.
b. Prior to Building permit issuance the applicant shall prepare a Coating Restriction Plan (CRP), consistent with SCAQMD guidelines. The project applicant/developer shall include in any construction contracts and/or subcontracts a requirement that Project contractors adhere to the requirements of the CRP. The CRP shall include a requirement that all interior and exterior residential and non-residential architectural coatings used in Project construction meet the SCAQMD “super compliant” coating VOC content standard of less than 10 grams of VOC per liter of coating. The CRP shall also specify the use of high-volume, low-pressure spray guns during coating applications to reduce coating waste.
104. The project shall use Tier IV Construction Equipment. To reduce construction equipment emissions of NOx, diesel particulate matter, and other pollutants, the applicant shall:
a. Use electric-powered and liquefied or compressed natural gas equipment instead of diesel-powered equipment to the maximum extent feasible. b. All construction equipment with a rated power-output of 50 horsepower or greater shall meet U.S. EPA and CARB Tier IV Final Emission Standards for NOx. This may be achieved via the use of equipment with engines that have been certified to meet Tier IV emission standards, or through the use of equipment that has been retrofitted with a CARB-verified emission control strategy (e.g., selective catalytic reduction) capable of reducing exhaust NOx emission to levels that meet Tier IV standards.
c. The City may grant an exemption from these requirements in the event an applicant can factually document that the specific equipment needed to construct a project is not reasonably available (e.g., the specific Tier IV equipment needed is not available within Riverside County within the scheduled construction period).
105. Protocol focused surveys for sensitive plant and wildlife species shall be carried out by a qualified biologist if suitable habitat for any such species is present on the project site and has a potential for impact. Some aspects of the proposed Project may warrant periodic updated surveys for certain sensitive taxa, particularly if the Project is proposed to occur over a protracted time frame, or in phases, or if surveys are completed during periods of drought. Project permitting and approval requires Item Number: 11.

19 compliance USFWS, CDFW, and CVMSHCP regulations for any impacts to special status plant or animal species.
106. Nesting Bird Avoidance: If vegetation removal is scheduled during nesting season (February 1 - September 1), focused surveys for active nests shall be conducted by a qualified biologist no more than three days prior to the beginning of project-related activities (e.g., excavation, grading and vegetation removal). Surveys shall be conducted in proposed work areas, staging and storage areas, and soil, equipment, and material stockpile areas. For passerines and small raptors, surveys shall be conducted within a 250-foot radius surrounding the work area (in non-developed areas and where access is feasible). For larger raptors, such as those from the genus Buteo, the survey area shall encompass a 500-foot radius. Surveys shall be conducted during weather conditions suited to maximize the observation of active nests and shall concentrate on areas of suitable habitat. If nests are encountered during any preconstruction survey, a qualified biologist shall determine if it is feasible for construction to continue as planned without impacting the success of the nest, depending on conditions specific to each nest and the relative location and rate of construction activities. Any active nest(s) within a Project Site shall be monitored by a qualified biologist during construction if work occurs directly adjacent to the predetermined nest avoidance buffer. If the qualified biologist determines construction activities have potential to adversely affect a nest, construction activities will be halted within.
107. If riparian habitat or other sensitive natural communities are impacted by projectrelated activities, a habitat restoration and revegetation plan will be developed pursuant to U.S. Army Corps of Engineers and/or California Department Fish & Wildlife guidelines. Habitat restoration and revegetation plans will include, at a minimum: (a) the location of restoration sites and assessment of appropriate reference sites; (b) the plant species to be used, sources of local propagules, container sizes, and seeding rates; (c) a schematic depicting the mitigation area; (d) a local seed and cuttings and planting schedule; (e) a description of the irrigation methodology; (f) measures to control exotic vegetation on site; (g) specific success criteria; (h) a detailed monitoring program; (i) contingency measures should the success criteria not be met; and j) identification of the party responsible for meeting the success criteria and providing for conservation of the mitigation site in perpetuity.

Monitoring of restoration areas should extend across a sufficient time frame to ensure that the new habitat is stablished, self-sustaining, and capable of surviving drought. For Projects with CVMSHCP Conservation Areas, habitat revegetation, restoration, and conservation will be vetted via coordination with the appropriate resource agencies and the Coachella Valley Conservation Commission (CVCC) through the Joint Project Review (JPR) process to ensure the Project aligns with the goals and policies of the CVMSHCP.
108. Assess and Minimize Temporary Construction Noise Levels To ensure that the project implements appropriate construction noise controls, the applicant shall assess potential construction noise levels and minimize substantial adverse impacts Item Number: 11.

20 by implementing feasible construction noise control measures that reduce construction noise levels at sensitive receptor locations, including nearby residences. Such measures include:
a. construction management techniques. This may include:
i. providing advance notice of construction activities to nearby noisesensitive receptors ii. Siting staging areas away from noise-sensitive land uses, iii. monitoring construction;
b. construction equipment controls. This may include:
i. ensuring equipment has mufflers,
ii. use of electric hook-ups instead of generators);
iii. use of temporary sound barriers (equipment enclosures, berms, walls, blankets, or other devices) when necessary;
c. preparation of a plan, procedures, or other mechanisms to receive track, respond, and resolve construction noise complaints, including designation of an on-site appointee to handle such complaints, and report back to City staff; and
d. require monitoring construction noise levels if complaints are received to verify the need for additional noise controls.

Fire Department Conditions
109. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water system shall be submitted to the fire department for review and approval. The water system shall be capable of delivering the required fire flow. Based on the plan/application, the largest proposed building is less than 3,600 square feet, assuming construction type 5A with fire sprinklers, therefore the minimum required fire flow is 500 gallons per minute at 20 psi for 30-minute duration. Fire hydrant location and spacing shall comply with the fire code. An approved water supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2019 California Fire Code (CFC) 507.5.1, 3312, Appendices B and C.
110. Fire Department Access: Emergency vehicle access is proposed and required for the southeast part of the tract. Access roads shall be capable of sustaining 60,000lbs. over two axels in all-weather conditions. Approved vehicle access, either permanent or temporary, shall be provided during construction. CFC 503.1.1, 3310.1 and 503.2.1
111. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1
112. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503.1 Item Number: 11.

21 113. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and twofamily dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshall for review and approval prior to installation. Ref.

CRC 313.2
114. Gate Access: Electric gates installed cross the fire access road shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus. The gate shall automatically open upon receiving a remote signal from the fire apparatus and remain in the fully open position for a minimum of 30 seconds. Manually operated gates shall be equipped with approved Knox equipment. Ref. CFC 506.1
115. Addressing All residential dwellings shall display address numbers visible from the street. Ref. CFC 505.1
116. Strategic Planning Review: This case will also be reviewed by Riverside County Fire Department Strategic Planning for the cumulative impact on the Fire Department’s ability to provide an acceptable level of service. Additional requirements may be conditioned by Strategic Planning to mitigate these impacts. Questions for Strategic Planning can be addressed to: [email protected] Water Service
Water service is currently available for the project subject to the following conditions of service:
117. The developer shall comply with all rules, laws, ordinances, guidelines, and regulations of the District at the time that any new water service application is submitted.
118. The point of connection for the tract shall be the existing 8’’ water mains located in Camino Campesino and Avenida Descanso.
119. The developer shall design, and construct looped 8’’ water mains to serve all lots within the subdivision with domestic, fire, and irrigation to District standards at no expense to MSWD.
120. The developer shall furnish a fire flow letter from fire marshal indicating the fire flow requirements and fire hydrant spacing for the subdivision. 121. Fire hydrants shall be located at all intersections in accordance with MSWD standards, and as required to meet fire marshal requirements. 122. All lots shall be furnished with a 1’’ water service located within 4’ of the lot line with back of the meter box located at the right-of-way per MSWD standards.

Item Number: 11.

22 123. The developer shall submit fire flow calculations to the District indicating the required fire flow, velocities and pressure for each lot. These calculations shall be based on a current fire hydrant flow test which can be ordered through the MSWD Engineering Department.
124. The developer must submit signed Fire Marshal approved hydraulic calculations to the District showing the fire sprinkler demand in gallons per minute (GPM) including 5 GPM for domestic use and the minimum pressure required at the meter. These calculations shall be based on a current fire hydrant flow test which can be ordered through the MSWD Engineering Department and will be used to confirm the water meter size required to meet the water capacity needs.
125. The developer is required to apply for water service and submit payment of District fees, charges, and deposits. The water meter and connection fees will be based on the actual meter sizes as determined by item 8 above. All fees are subject to change based on the time of application for services from the District. 126. MSWD requires all District facilities be constructed within the public right-of-way or recorded and dedicated easements. Easements for both water and sewer shall be a minimum of 32 feet in width and shall allow paved access to all District facilities. 127. MSWD shall be included as signatory on the final tract map accepting all dedicated easements and/or right of ways as easements for water and sewer facilities.

Sewer Service
Sewer service is available for the proposed project provided the following conditions of service are completed:
128. The developer shall comply with all rules, laws, ordinances, guidelines, and regulations of the District at the time the sewer service application is submitted. 129. The point of connection for this subdivision shall the existing 8’’ sewer in Avenida Descanso.
130. The developer shall design and construct an 8’’ VCP sewer mains and appurtenances in accordance with MSWD standards at no cost to the District. 131. Sewer service shall be a 4’’ VCP sewer lateral stubbed to the right-of-way for each lot.
132. The developer shall comply with all the District standards, specifications and conditions, and have final approval of all design plans by the District Engineer or his/her designee, and the District General Manager.
133. The developer/property owner shall complete an application for sewer service with payment of all applicable fees, charges and deposits at the time of application (i.e., Item Number: 11.

23 multi-family, residential, commercial sewer connection fees per current MSWD fee schedules).

Landscape
As applicable per City requirements:

All new and rehabilitated residential and commercial development shall comply with the Mission Springs Water District’s Water Efficient Landscaping Guidelines (guidelines are available at www.mswd.org). This policy requires outdoor water conservation practices within the MSWD service area, specifically: (1) the creation of landscape plans featuring the use of California native desert friendly plants; and (2) the preparation of irrigation plans detailing water efficient irrigation technology systems (e.g., drip irrigation, evapotranspiration irrigation controllers, etc.) appropriate to an arid desert climate. For additional details regarding plan check and inspection fees, please contact Engineering Department via email at [email protected] or (760) 329-6448 ext. 127.

END
Item Number: 11.

Recording Requested By:

The City of Desert Hot Springs
When Recorded Please Return to:

City of Desert Hot Springs
11999 Palm Drive.

Desert Hot Springs, CA 92240
Subdivision Improvement Agreement
For
Tentative Tract Map No. 38200
This agreement (“Agreement”) is made and entered into as of ______, 2023, by and between the CITY OF DESERT HOT SPRINGS, a municipal corporation ("CITY") and GHA Rancho Descanso, LLCGHA Rancho Descanso, LLC(“DEVELOPER"), with respect to the following:

A. DEVELOPER shall construct the following public improvements ("work") for the abovereferenced property: streets, curbs, gutters, storm drains, sewer, water, walls, landscaping and any improvements associated with this development, all as described on Schedule A hereto.

B. CITY-approved plans and specifications for the construction of the work, which are incorporated herein by reference. Identified as: Tract Map 38200.

C. The following are attached hereto and made a part hereof: Schedule A, Schedule B, and Schedule C

1. IMPROVEMENTS: For valuable consideration, DEVELOPER agrees to do, or cause to be done, at DEVELOPER’S expense and without any cost or liability to CITY, all of the work described herein by the date specified in Schedule A. DEVELOPER warrants that all of the materials supplied and work to be done will be of good quality and workmanship. Said work shall be in strict conformity with the plans and specifications of the work, the standard specifications and drawings for public improvements adopted by CITY and this agreement. DEVELOPER shall furnish all transportation, equipment, labor, services, permits, utilities and all other items necessary to complete the work. DEVELOPER shall pay and defend all claims, demands and liability arising out of, or resulting from or in connection with, the performance of the work as provided for in this agreement.

DEVELOPER shall furnish accurate "as constructed" plans. In addition, DEVELOPER shall, within thirty (30) days of acceptance of the work, set all final monuments in place for acceptance.

DEVELOPER'S obligations herein are not limited by any cost estimates nor will any estimate be a measure of damages.

CITY in its sole discretion and without liability to CITY, City Council members, CITY'S engineer Item Number: 11.

and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY-approved cost estimate of the work for the reasons set forth herein. Changes, alterations or additions in addition to said ten percent (10%) limitation may be made to correct errors or omissions in the approved plans and specification and for unforeseen conditions such as but not limited to rock excavation, unstable soil conditions or high water tables requiring dewatering.

2. INSURANCE: DEVELOPER shall not commence or continue to perform any work unless DEVELOPER has in full force and effect all insurance required hereunder with companies satisfactory to CITY. To be acceptable, insurers must be authorized to do business, and have an agent for service of process, in California, and have an "A" policyholder's rating and a financial rating of at least Class V, in accordance with the current Best's Ratings. All insurance policies shall be maintained at DEVELOPER’s expense until the work is accepted by CITY and provide for coverage of all causes of action or disputes arising out of acts in performance of the construction of the work herein, whether said causes or disputes are filed or brought to the attention of CITY before or after the termination of this contract.

Concurrent with execution of this agreement, DEVELOPER shall provide certificate(s) of insurance and endorsements, satisfactory to CITY, or otherwise provide proof of insurance as approved by the City Attorney, certifying that DEVELOPER has and will maintain for the agreement period, full worker’s compensation insurance coverage as required by State laws, for all persons who are or may be employed in carrying out the work. This provision shall not apply if DEVELOPER has no employees performing work under this Agreement. If DEVELOPER has no employees for the purposes of this Agreement, DEVELOPER shall sign the Certificate of Exemption from Worker’s Compensation Insurance, attached hereto as Schedule "C." Concurrent with execution of this agreement, DEVELOPER shall provide to CITY certificate(s) of insurance and endorsements, satisfactory to CITY, or otherwise provide proof of insurance as approved by the City Attorney, certifying that DEVELOPER has general liability and commercial vehicle liability insurance coverage naming CITY, City Council members, CITY'S engineer, and their consultants, officials, directors, officers, agents and employees, as additional insureds for both bodily injury and property damage in a single limit of not less than that specified in Schedule A.

DEVELOPER shall ensure that the most current certificates of insurance and endorsements shall be delivered to and maintained by the CITY at all times. The requirements set forth in this paragraph shall survive expiration or sooner termination of this Agreement.

General liability and commercial vehicle liability insurance coverage shall include each of the following types of insurance as required by CITY to carry out this agreement:

A. General Liability

1. Comprehensive Form

2. Premises-Operations

3. Explosion and Collapse Hazard

4. Underground Hazard

5. Products/Operations Competed

6. Contractual Insurance

7. Broad Form Property Damage
Including Completed Operations

8. Independent Contractors

9. Personal Injury
Item Number: 11.

B. Automobile Liability

1. Comprehensive Form,
Including Loading and Unloading

2. Owned

3. Hired
Item Number: 11.

Concurrent with execution of any agreements between DEVELOPER and any subcontractors retained by DEVELOPER to perform any work required of DEVELOPER hereunder, and in any event prior to DEVELOPER authorizing any subcontractors to perform any such work or to even conduct any preliminary activities at the location of where the work is to be completed in preparation for or in anticipation of such work, DEVELOPER shall collect certificates of insurance and endorsements from all such subcontractors evidencing proof that all subcontractors have procured and will maintain all the insurance coverages required of DEVELOPER under this agreement, and name as additional insureds the parties to this Agreement. DEVELOPER 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.

In addition to naming the CITY, City Council members, CITY'S engineer, and their consultants, officials, directors, officers, agents and employees, as additional insureds, as set forth above, the certificates of insurance and endorsements, including those provided by any subcontractor, provided either on forms required by the CITY or as otherwise approved by the City Attorney, shall bear the following endorsements: (1) each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by or reduced in coverage or limits (except by paid claims) unless the insurer has provided the CITY with thirty (30) days prior written notice of cancellation; (2) the carriers of all required insurance policies must waive all rights of subrogation against the CITY and its officers, employees, servants, volunteers, agents and independent contractors; and (3) except for worker’s compensation insurance, if any, all insurance policies required to be provided by DEVELOPER must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the CITY, and its officers, employees, servants, volunteers, agents and independent contractors.

DEVELOPER shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and shall also be responsible for payment of any self-insured retentions. In the event DEVELOPER maintains insurance with broader coverage and/or limits of liability greater than those required herein, CITY requires and shall be entitled to the broader coverage and/or higher limits of liability maintained by DEVELOPER. Any insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY. The fact that insurance is obtained by DEVELOPER shall not be deemed to release or diminish the liability of DEVELOPER, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify and hold the CITY harmless shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by DEVELOPER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of DEVELOPER, its principals, officers, agents, employees, persons under the supervision of DEVELOPER, vendors, suppliers, invitees, subcontractors, or anyone employed directly or indirectly by any of them. Without limiting the generality of the forgoing, DEVELOPER agrees and acknowledges that if it fails to obtain all of the insurance required in this agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, DEVELOPER shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the CITY or its officers, employees, servants, volunteers, agents and independent contractors; and all performance under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefor have been paid for a period satisfactory Item Number: 11.

to CITY. Any failure to maintain the required insurance, including insurance required of any subcontractors or others involved in any way with the Project, shall be sufficient cause for CITY to terminate this Agreement.

All insurance certificates executed in connection with this agreement, whether issued as DEVELOPER or any of DEVELOPER’s subcontractors as the named insured, shall be signed under penalty of perjury under the laws of the State of California that all the information contained in the insurance certificates is true and correct, and such representation shall be made knowingly based on independent investigation and verification.

Nothing contained in these insurance requirements shall limit the liability of DEVELOPER or DEVELOPER'S sureties. Review and acceptance of insurance certificates shall not constitute any representation by CITY or its representatives that any required insurance has been issued.

3. DEVELOPER'S LIABILITY: DEVELOPER shall, at DEVELOPER'S sole cost and expense, be solely and completely responsible for all matters affecting the design, prosecution, progress and completion of the work (both on and off the job site). DEVELOPER shall be responsible for observing all laws. DEVELOPER shall provide for public convenience and safety of workers, including DEVELOPER'S workers, if any, and those of DEVELOPER'S subcontractors, suppliers and others contributing to the work. DEVELOPER shall protect CITY property and property rights of others, including the location, maintenance and replacement of utilities, whether shown on the plans or not. DEVELOPER shall give prior notification to utility owners. DEVELOPER shall notify Underground Service Alert at 1-800-422-4133 at least 48 hours prior to start of construction.

DEVELOPER shall protect against and prevent drainage from storm runoff. DEVELOPER shall not interfere with easements, rights-of-way and encroachment permits. Nothing in this agreement, the specifications, or other contract documents, or CITY'S approval of the plans and specifications or inspection of the work is intended to include CITY'S review, inspection, acknowledgment of or responsibility for any such matters. CITY, City Council members, CITY'S engineer, and their consultants and each of their officials, directors, officers, employees and agents shall have absolutely no responsibility or liability for the above.

4. DEVELOPER'S INDEMNIFICATION: DEVELOPER shall indemnify and hold harmless CITY, City Council members, CITY'S engineer and their consultants and each of their officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses and other costs, including costs of defense and attorneys' fees arising out of or resulting from or in connection with the design or construction of the work, both on and off the job site, and during and after completion. The indemnity provided above relates to liability, claims, damages, losses, expenses and other costs: (1) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property (other than the work itself), including the loss of use resulting therefrom, and (2) caused in whole or, or subject to the remainder of this paragraph, in part by any act or omission of DEVELOPER, DEVELOPER'S engineer, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable.

If any liability, claims, damages, losses, expenses and other costs are caused in part by any act or omission (active, passive or comparative negligence included) of a party indemnified hereunder, DEVELOPER’s indemnification obligations hereunder shall only extend to the proportionate share of such liability, claims, damages, losses, expenses and other costs caused by any act or omission of DEVELOPER, DEVELOPER'S engineer, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable.

Item Number: 11.

The indemnification and agreement to hold harmless provided for hereunder shall extend to damages to or taking of property resulting from the design or construction of said improvements or the diversion of waters or from the design or construction or maintenance of drainage systems, streets and other improvements. Acceptance of these improvements by CITY shall not constitute an assumption by CITY of any responsibility for such damage or taking.

As to any and all claims which fall within the indemnification provided for hereunder against the indemnified parties by any employee of DEVELOPER, any contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnity obligations hereunder shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the DEVELOPER, subcontractor, supplier or other person under workers’ compensation acts, disability benefit acts or other employee acts.

DEVELOPER shall also indemnify and hold harmless CITY, City Council members, CITY'S engineer, and their consultants, and each of their officials, directors, officers, employees and agents from and against all losses, expenses, damages attorneys' fees and other costs, including costs of defense, which any of them may incur both during and after completion with respect to any latent deficiency in the design, specifications, surveying, planning, supervision, observation of or construction of the work referred to herein or any injury to a person or property, real or personal, as a result of any such latent defect or portions of the work which CITY reasonably suspects may also be defective by reason of such latent defects in the work performed by DEVELOPER or DEVELOPER'S subcontractors, or suppliers or designed by their representatives. Provisions of this paragraph shall remain in effect ten (10) years following acceptance of improvements by the CITY. Nothing contained herein shall limit CITY'S remedies pursuant to Code of Civil Procedure, Section 337.15.

The indemnity provisions contained in this Section shall survive expiration or sooner termination of this Agreement.

5. SECURITY: With the execution of this agreement, DEVELOPER shall furnish and deliver to CITY, at no expense to CITY, a payment security and a performance security. Each shall be in the amount of CITY-approved estimate specified in Schedule A. Security shall be furnished by surety companies satisfactory to CITY, on the forms provided by CITY. No alterations or substitution of said forms shall be allowed except on approval of City Attorney. To be acceptable, surety companies must be authorized to do business in, and have an agent for, service of process in California, be on the accredited list of the United States Treasury Department, and/or have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating. The security shall be limited to amounts acceptable to the Treasury Department.

None of the following shall in any way affect the obligations of any surety. Each surety waives notice thereof: (a) any change, extension of time, alteration or additions to the terms of the agreement, or the work to be performed, or the plans and specifications therefor; (b) any matters unknown to surety which might affect surety's risk, except that CITY shall advise surety upon request of the following:
(1) any written claims it receives from unpaid subcontractors or suppliers, (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of DEVELOPER to comply with any written notice to correct defective work. The obligations of DEVELOPER shall not be limited by the amount of such bonds.

Item Number: 11.

6. TYPES/AMOUNT OF SECURITY: If specified in Schedule A, in lieu of payment and performance bonds, DEVELOPER may furnish CITY either cash, a Letter of Credit, or an Agreement of Deposit or other security satisfactory to City Attorney as security for performance (see Schedule B). Said security shall be in an amount not less than 100% of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in an amount not less than 50% of the cost estimate. Said security agreements shall be on forms furnished by CITY. The DEVELOPER shall provide sufficient performance security in the amount stated in Schedule A through Schedule C. No alterations or substitution of said forms shall be allowed. The obligations of DEVELOPER shall not be limited by the amount of the security required. No interest shall be paid DEVELOPER on any cash deposit made pursuant to this paragraph. In the event of completion by DEVELOPER and acceptance by the City Engineer of a portion of the work in accordance with Section 16.08.140 of the CITY’s Municipal Code, the City Manager, with concurrence of the City Engineer, may amend this Agreement to allow for security reductions in proportion to the total amount of work accepted.

7. COSTS AND DEPOSITS: DEVELOPER agrees to pay CITY, on demand, the full amount of all of CITY'S costs incurred before, within or after acceptance in connection with the work and this agreement. These costs include but are not limited to plan checking, inspection, materials furnished, attorneys' fees incurred in connection with preparing and negotiating this agreement, and all other expenses, including engineers' and attorneys' fees of CITY, directly attributable to the work and this agreement. These costs shall include a reasonable amount for CITY'S overhead in connection therewith, plus any applicable fees of CITY. CITY'S costs shall include the cost of inspecting and restoring other portions of the work both during and after acceptance which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by DEVELOPER or DEVELOPER'S contractors, subcontractors, or suppliers or designed by their representatives. DEVELOPER shall deposit with the CITY, concurrently with the execution of this agreement, such sums as the CITY established as deposits set forth in Schedule A. Should the actual expenses be in excess of the deposit set forth in Schedule A, DEVELOPER shall pay the amount of such excess on demand. Should the actual expenses be less than the estimated deposit in Schedule A, CITY shall refund the difference, without interest. unless held in an interest-bearing account, to DEVELOPER within ninety (90) days of acceptance of work. CITY may terminate its activity herein if DEVELOPER fails to make additional deposits on demand. Said deposit is not a trust fund and said deposit may be commingled with other similar deposits.

8. PARTIAL UTILIZATION: Until all work has been completed and accepted by CITY and all other public authorities having jurisdiction, DEVELOPER shall be responsible for the care and maintenance of, or any damage to, the work.

When the work or any portion of it is sufficiently complete to be utilized or placed into service, CITY shall have the right, upon written notification to DEVELOPER, to utilize or allow the utilization of such portions of the work and to place or cause the placement of the operable portions into service.

With this notice and commencement of utilization or operation by CITY.or any other third party, DEVELOPER shall be relieved of the duty of maintaining the portions so utilized or placed into operation. However, such use and operation shall not relieve DEVELOPER of the full responsibility for completing the work in its entirety, for making good any defective work or materials, for protecting the work from damage by DEVELOPER, DEVELOPER'S engineer, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable, and for being responsible for damage to the work by DEVELOPER, DEVELOPER'S engineer, any subcontractor, any supplier, anyone directly or indirectly employed by Item Number: 11.

any of them or anyone for whose acts or omissions any of them may be liable. Nor shall such action by CITY be deemed completion and acceptance. Further, such action shall not relieve DEVELOPER or DEVELOPER'S sureties and insurers of the provisions hereof relating to indemnity and guarantees.

9. ACCEPTANCE OF PUBLIC IMPROVEMENTS: Acceptance of any public improvements constituting any of the work shall be by action of the City Engineer. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by CITY of any defects in the work.

From and after acceptance, the public improvements constituting any of the work shall be owned, operated and maintained by CITY. As a condition to acceptance, DEVELOPER and DEVELOPER'S contractor shall certify to CITY in writing that all of the public improvements constituting any of the work have been performed in strict conformity with the agreement and that all costs have been paid or supplied to CITY security, satisfactory to CITY, guaranteeing such performance.

DEVELOPER shall be required to maintain the payment bond in its full amount for up to 6 months after CITY acceptance of the work. The payment bond shall secure payment to the contractor, subcontractors ., and to persons renting equipment or furnishing labor or materials. Following the 6 month period, the payment bond may either be released or reduced to an amount no less than any claims on which an action has been filed and notice given to the CITY in writing.

In addition to DEVELOPER'S other obligations under the agreement DEVELOPER warrants all work and materials to be good quality and fit for the purpose and intended use. DEVELOPER shall also repair, replace and restore any and all such work which may prove defective in workmanship and/or materials without expense whatsoever to CITY; ordinary wear and tear and unusual abuse or neglect excepted. DEVELOPER 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 CITY by reason of such defects reasonably suspects may also be defective. DEVELOPER shall provide a bond or other security satisfactory to CITY for a period of one (1) year to secure a portion of the obligations in this Section

9. Said bond or other security shall be in an amount satisfactory to CITY but in no case less than 15% of cost of the onsite and offsite work referred to on Schedule A. Said bond or other security shall in no way limit the time within which CITY may bring action for breach of this warrant (CCP 337) or action for latent defects (CCP 337.15) nor the amount of such claim or judgment.

In the event of a failure to commence with the compliance of above-mentioned conditions in this Section 9 within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, CITY is hereby authorized to proceed to have the defects repaired and made good at the expense of DEVELOPER, who hereby agrees to pay the cost and charges therefor immediately on demand.

If, in the opinion of CITY, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to CITY or to prevent interruption of operations, CITY shall attempt to give the DEVELOPER notice. If DEVELOPER cannot be contacted or does not comply with CITY'S request for correction within a reasonable time as determined by CITY, CITY may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against DEVELOPER, who agrees to make payment for said costs upon demand.

Corrective action by CITY shall not relieve DEVELOPER or DEVELOPER'S sureties or insurers of the guarantees and indemnities of this agreement.

Item Number: 11.

This paragraph does not in any way limit CITY'S remedies pursuant to Code of Civil Procedure, Section 337 and 337.15, or the guarantee on any items for which a longer guarantee is expressly specified or on any items for which a manufacturer or supplier gives a longer guarantee period.

DEVELOPER agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish CITY all appropriate and available guarantee or warranty certificates upon completion of the work.

No manufacturer's guarantee period shall in any way limit the liability of DEVELOPER or DEVELOPER'S sureties and insurers under the indemnity or insurance provisions of this agreement.

10. EASEMENTS AND FEE INTERESTS: DEVELOPER shall, at DEVELOPER'S sole cost and expense, furnish CITY with appropriate easements and fee title as may be requested by CITY to required facilities sites for the entire work, free and clear of all liens, encumbrances, restrictions and covenants other than current real property taxes then a lien but not yet payable. At DEVELOPER'S cost and expense, DEVELOPER shall furnish CITY with an acceptable title insurance policy insuring CITY has title as above required with an endorsement insuring CITY against mechanic's lien claims arising out of the performance of the work. Easements shall be in standard form acceptable to CITY, shall be not less than the with CITY determines necessary to maintain the work, and shall be executed and delivered to CITY concurrent with execution of this agreement. Easements shall be recorded prior to CITY accepting the work or furnishing services to any portions of the property under development (other than those as may be delivered under a temporary service agreement with DEVELOPER).

11. DEVELOPER AND AGENTS: DEVELOPER shall be as fully responsible to CITY for the acts and omissions in respect of the work of DEVELOPER’S subcontractors and of the persons directly or indirectly employed by DEVELOPER’S subcontractors as DEVELOPER is for the acts and omissions of persons directly or indirectly employed by DEVELOPER. To that end, DEVELOPER shall take such steps as are reasonably necessary to ensure that its subcontractors do not take any steps in relation to the work which would cause DEVELOPER to be in breach of this agreement and to ensure that such subcontractors shall take such steps as are reasonably necessary to ensure that they do not take any steps in relation to the work which would cause DEVELOPER to be in breach of this agreement. To that end, DEVELOPER shall bind every subcontractor to be bound by the terms of this agreement, as applicable and appropriate. Nothing contained in the agreement shall create any contractual relationship between any of DEVELOPER’S subcontractors and CITY.

Consent is hereby given DEVELOPER to have the work performed by the California licensed Class A Contractor(s) named in Schedule A. DEVELOPER or DEVELOPER'S contractor may satisfy the requirements of this section by having, in lieu of said Class A license, an appropriate alternate license as determined by CITY.

12. DEFAULT BY DEVELOPER: If DEVELOPER refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any written extension thereof, or fails to complete such work within such time, or if DEVELOPER should be adjudged a bankrupt, make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of DEVELOPER'S insolvency, or if DEVELOPER or any of their subcontractors violate any of the provisions of this agreement, or if DEVELOPER fails to make prompt payment for materials or labor, or if DEVELOPER disregards laws, ordinances, or instructions of CITY, then CITY may thereafter serve written notice upon the DEVELOPER and DEVELOPER'S surety of its intention to declare this agreement in default. Said notice shall contain the reasons for such intention to declare a default. Unless, within ten (10) days after the service of such Item Number: 11.

notice, such violations shall cease and satisfactory arrangements for the corrections thereof be made (or in the case of any violation that would require more than ten (10) days to correct, DEVELOPER having commenced reasonably diligent steps towards correction within such ten (10) day period), this agreement shall upon the expiration of said time be in default.

Upon this agreement being in default as provided for herein, CITY shall serve written notice thereof upon the surety and DEVELOPER, and the surety shall have the right to take over and perform this agreement. If the surety does not, within fifteen (15) days after the serving upon it of a notice of this agreement being in default, give CITY written notice of its intention to take over and perform this agreement or does not commence performance thereof within thirty (30) days from the date of CITY'S notice, CITY may take over the work and prosecute the same to the extent of completion it deems necessary by contract or by any other method it may deem advisable for the account and at the expense of DEVELOPER, and the surety shall be liable to CITY for any cost or other damage occasioned CITY thereby. In such event CITY may, without liability for so doing, take possession of, and utilize in completing such work, such materials, appliances, plants, and other property belonging to DEVELOPER that may be on the site of the work and be necessary therefor. Should surety fail to take over and diligently perform the agreement upon DEVELOPER being in default under this agreement, surety agrees to promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of DEVELOPER'S obligations. For any such work the CITY elects to complete by furnishing its own employees, materials, tools, and equipment, CITY shall receive reasonable compensation therefor, including costs of supervision and overhead.

In the event that DEVELOPER is in default under this agreement, CITY may, at its option, elect not to complete any or all of the work and may elect not to accept any of the work already completed. If CITY elects not to accept any of the work, then all CITY'S obligations under this agreement to DEVELOPER and the lands to be served shall terminate. CITY'S obligations to DEVELOPER and the lands to be served shall continue to the extent of any acceptance, subject to CITY'S right to offset any sums due the CITY.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to CITY.

13. DELAY BY DEVELOPER: If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever, within or without the time for completion, DEVELOPER shall, at DEVELOPER'S sole cost and expense, remove and replace all or any portion of the work already completed and inspected which CITY, in its sole discretion, determines is or can be damaged as a result of being in place while the work is suspended or otherwise not continuously being prosecuted.

14. ATTORNEYS' FEES AND COSTS: Should CITY engage an attorney to enforce any provision of this agreement or to defend any claim brought by anyone arising out of the failure of DEVELOPER to perform any of DEVELOPER'S obligations under this agreement, DEVELOPER shall pay all of CITY'S attorneys' fees incurred in connection therewith, whether or not said attorneys are in the regular employ of the CITY.

15. REIMBURSEMENT: Provided DEVELOPER has fully complied with all the terms of this agreement, CITY shall, without interest, reimburse DEVELOPER to the extent set forth on a separate Reimbursement Schedule. DEVELOPER accepts as the amount and conditions governing DEVELOPER'S entitlement to reimbursement and refund under CITY'S existing rules, regulations, Item Number: 11.

ordinances and policies. If no amount is specified in Schedule A, DEVELOPER is to receive no reimbursement from CITY.

16. FUTURE CHARGES: Nothing in this agreement shall relieve DEVELOPER or DEVELOPER'S successors or assigns of any obligation to pay any connection, installation, expansion or other fees, charges, or other expenses, including operation and maintenance expenses, required under any present or future established ordinances, rules, regulations and policies of CITY.

17. ASSIGNMENT: The performance of the agreement may not be assigned except upon the written consent of CITY. Consent will not be given to any proposed assignment which would relieve DEVELOPER, or DEVELOPER'S sureties of their responsibilities under the agreement unless CITY finds that assignee can perform this agreement and provide security comparable to that provided by DEVELOPER.

18. NOTICE: All notices required hereunder shall be deemed served or given upon the earlier of actual receipt or deposit in the U.S. Postal Service, first class postage prepaid, addressed to DEVELOPER at the address set forth below, to the surety at the address in the security instrument, and to CITY at 11999 Palm Drive, Desert Hot Springs, CA 92240. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 11.

CITY OF DESERT HOT SPRINGS

SUBDIVISION IMPROVEMENT AGREEMENT SIGNATURE

REQUIREMENTS
(Limited Partnership / General Partnership / Corporation)

1. WHERE PRINCIPAL IS A LIMITED PARTNERSHIP
A. General Partner shall execute on behalf of the limited partnership.

B. General Partner shall furnish City of Desert Hot Springs a copy of the recorded Certificate of Limited Partnership to authenticate the authority of the General Partner to sign on behalf of the limited partnership.

2. WHERE PRINCIPAL IS A GENERAL PARTNERSHIP
A. General Partner shall execute on behalf of general partnership.

B. General Partner shall furnish City of Desert Hot Springs a copy of the General Partnership Agreement authenticating that the General Partner who signs the document has authority to do so.

3. WHERE PRINCIPAL IS A CORPORATION
A. Officer or officers shall execute on behalf of corporation.

B. Officers shall furnish City of Desert Hot Springs a copy of a corporate resolution indicating that the officer or officers who sign the document are the officers of the corporation and authorized to bind the corporation to contract. Corporation requires two signatures.

For example, John Doe may sign on behalf of either partnership or the corporation as the General Partner and/or president thereof, but then, in addition, John Doe is required to sign the document individually as an individual obligor.

4. WHERE PRINCIPAL IS A LIMITED LIABILITY COMPANY (LLC) A. Agreement may be executed as follows:

1. By any member, unless the articles of organization or operating agreement provide otherwise;

2. By any manager; if LLC is manager-managed, unless the articles of organization or operating agreement provide otherwise; or

3. By any officer, if the operating agreement provides for the appointment of officers, unless the articles of organization or operating agreement provide otherwise.

B. The individual(s) executing the agreement shall provide certified copies of the LLC’s articles of organization and operating agreement.

Item Number: 11.

By:__________________________
(Authorized Representative of CITY)
Scott Matas, Mayor of DHS
By:___________________________
Address:_______________________
______________________________
Telephone:_____________________
Approved as to Form:

By:__________________________
Jennifer Mizrahi, City Attorney
By:___________________________
Address:_______________________
______________________________
Telephone:_____________________
By:__________________________
_______________, City Clerk
By:___________________________
Address:_______________________
______________________________
Telephone:_____________________
(SIGNATURES MUST BE NOTARIZED)
(Seal: Partnership/Corporation)
______________________________________

GHA RANCHO DESCANSO, LLC
Managing Member; Mario Gonzales
Date:_____________________
N:\DHSO\0007-01 Engineering General Matters\DOC\005 - Subdivision Improvement Agreement Template With All Schedules (03.28.17).Doc

Item Number: 11.

14 SCHEDULE A

SUBDIVISION IMPROVEMENT AGREEMENT
This schedule is attached to and made a part of the Subdivision Improvement Agreement between CITY and DEVELOPER for the above-referenced property.

Completion Date: June 1, 2024

1. General Liability
$2,000,000 Each Occurrence (Includes Bodily Injury and Property Damage)
$1,000 Medical Expense
$1,000,000 Personal & Advertising Injury
$2,000,000 General Aggregate
$2,000,000 Products-Completed/Operations Aggregate
Automobile Liability
Combined Single Limit $1,000,000 each accident, $2,000,000 Aggregate Workers Compensation Statutory

2. Approved Security Amounts:
(To be posted prior to acceptance of improvements)
Grading Bond (Included in on-site) $ N/A
Performance (on-site) (100%) $ 1,251,763.50
Materials (on-site) (50%) $ 625,881.75
Performance (off-site) (100%) $ 433,523.09
Materials (off-site) (50%) $ 216,761.55
Monumentation Bond (Survey Monuments) $ 47,840.00

4. Bond Substitute Acceptable: Yes

5. Deposit/Fee Amount See attachment to this schedule

6. Warranty/Performance (15%)
Security Amount: ............................................. $ 252,792.99 (To be in place at acceptance of work)

7. Contractor(s):

GHA Enterprises, Inc. 30875
Date Palm Drive. Ste. C-2
Cathedral City, CA 92234
CL# 750957

CLASS A
Item Number: 11.

15 [Developer’s Engineer] Class ____

CA #
Reimbursement: See Attached Schedules
(If an amount is specified, see separate schedule.)
( ) Initials of CITY REPRESENTATIVE ( ) Initials of DEVELOPER or ( ) DEVELOPER REPRESENTATIVE
___________________________________

GHA RANCHO DESCANSO, LLC
Mario Gonzales, Managing Member
Date:_________________
Item Number: 11.