Agenda — Desert Hot Springs City Council, June 4, 2024 (part 2 of 2)

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SR-24-141
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 4, 2024
Department: City Manager
Prepared by: Frank Luckino, City Manager
Subject: Presentation and Request for Support for Lift to Rise's 2024-26 Affordable Housing Action Plan
RECOMMENDATION:

Staff recommends that the City Council consider:
1) Receive and file the presentation on Lift to Rise's 2024-26 Affordable Housing Action Plan; 2) Support the goals and initiatives outlined in the Action Plan; and 3) Direct staff to collaborate with Lift to Rise and other community partners to advance affordable housing projects within Desert Hot Springs.

BACKGROUND:

Lift to Rise, in collaboration with over 75 community partners, has recently unveiled its latest plan to address affordable housing in the Coachella Valley. This initiative continues the significant efforts begun in 2018, which aim to reduce the number of rent-burdened households by producing 10,000 new affordable housing units over a 10-year period.

DISCUSSION:

About the Plan:

The 2024-26 Action Plan, developed through extensive community outreach and collaboration, aims to build upon the successes of previous years. Key components of the plan include:

1. Pipeline Development: Identifying 3,000 potential affordable housing units annually that meet the criteria for inclusion in the Affordable Housing Pipeline.

2. Funding Solutions: Addressing the bottleneck caused by the scarcity of low-income housing tax credits and finding alternative funding solutions.

3. Policy Advocacy: Advancing policies and regulations at local, state, and federal levels to facilitate affordable housing development.

4. Infrastructure/Utilities: Ensuring that affordable housing opportunities are not constrained by inadequate utilities or underdeveloped infrastructure.

Item Number: 4.

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SR-24-141

5. Movement Building: Raising public awareness and support for affordable housing through strategic communications and resident leadership initiatives.

6. Rapid Response: Developing supports to assist residents with emergency housing needs.

Heather Vaikona, CEO and President of Lift to Rise, emphasized the organization's commitment to addressing the community's housing needs with compassion and dedication. The Action Plan serves as a strategic roadmap to achieve tangible results over the next two years.

Community Outreach:

Lift to Rise conducted a series of community listening sessions across the Coachella Valley, allowing residents to voice their housing and economic concerns. This feedback has been instrumental in shaping the Action Plan, ensuring it reflects the community's needs and aspirations.

Request for Support:

Lift to Rise is seeking the support of the City of Desert Hot Springs to help achieve the goals outlined in their mission and Action Plan. This includes:
- Supporting policy advocacy efforts to enable affordable housing development. - Facilitating infrastructure improvements to support new housing projects. - Collaborating with Lift to Rise and other community partners to identify and develop potential affordable housing units.
-The city staff continues to meet with Lift to Rise regarding future affordable housing projects.

Implementation Support:

The Action Plan will be presented to community members and local leaders throughout June, including all nine Coachella Valley city councils and the Riverside County Board of Supervisors. The City of Desert Hot Springs is encouraged to actively participate in this initiative.

FISCAL IMPACT:

The request is for support of the action plan and no funding is being requested at this moment.

ATTACHMENTS:

DHS Action Plan Presentation
Item Number: 4.

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5/30/2024
1 Together we rise.
2024-2026
Action Plan

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Item Number: 4.

Our North Star
Our Shared Goal
A future where all Coachella Valley families
are healthy, stable, and thriving.

Reduce rent burden in the Coachella Valley
by 30% through the production of 10,000
affordable housing units by 2028.

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Item Number: 4.

Our Shared Wins
1,200 units
under construction in
2024, up from 38
units/year pre-2018
$26 million
in loans obligated since 2021
to 11 community prioritized
projects sparking 891 units
1,787 residents
activated over the past
two years

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Item Number: 4.

We have the plan
The Action Plan is a roadmap co-created by members of our Housing Collaborative Action Network, including councilmembers and staff members from the city of Desert Hot Springs, outlining collective contributions over the next two years to achieve our SHARED GOAL of reducing rent burden by 30% through the production of 10,000 affordable housing units.

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Item Number: 4.

By July 2026 to have at least 7,500 new
units of affordable housing completed,
under construction, or set to be under
construction with six months with an
emphasis on units connected to early
childhood education (ECE) and improved
health equity.

Our two-year goal is…

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Item Number: 4.

Key Strategies
During strategic planning sessions, we identified
six key strategies of focus for the next two years.

1. Pipeline

2. Funding

3. Infrastructure

4. Policy Advocacy

5. Movement Building

6. Rapid Response

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Item Number: 4.

Pipeline
Identify 3,000 new units a year that meet
the criteria for the affordable housing
pipeline with an emphasis on those that
include connections to health and ECE and
move at least 50% of Pipeline projects to
development.

Lift to Rise – Affordable Housing Pipeline Portal
Desert Hot Springs currently has 837 units of affordable housing in the pipeline: • 33 self
-help homeownership units - Coachella Valley Housing
Coalition (CVHC)
• 96 multifamily rental units - Blieu Companies
• 100 multifamily rental units - Abode Communities
• 608 multifamily rental units – Greenday Village

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Item Number: 4.

Funding
Address the funding bottleneck occurring due to
scarcity of low-income housing tax credits through
increasing the lending pool of We Lift: The
Coachella Valley Housing Catalyst Fund, the
creation of alternative revenue streams, changes to
the current tax credit distribution process, and
innovative financing approaches.
• Lift to Rise – Catalyst Fund
• DHS supported Lift to Rise's successful application to SCAG’s REAP

2.0 program to secure funding for the Catalyst Fund.
• The city has also made moves to establish an Enhanced Infrastructure Financing District (EIFD), an innovative tool for generating revenue for housing-supportive infrastructure.

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Item Number: 4.

Policy Advocacy
Move policy and regulation at the
municipal, state, and federal level to
enable more affordable housing
development. • Lift to Rise – State and Federal Legislative Advocates
• Desert Hot Springs is a model for the rest of
the Coachella Valley with its pre-approved
ADU program
• Housing element update outlines several
other creative pro-housing policies
underway

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Item Number: 4.

Infrastructure
Work with utility companies to ensure
affordable housing opportunities are not
limited by electric, gas, and sewer constraints.
• Desert Hot Springs has many projects in the pipeline that are being held up by the lack of infrastructure.
• Sewer and water infrastructure is especially needed along Palm Dr. to enable more development including affordable housing.

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Item Number: 4.

Movement Building
Through strategic communications and
resident engagement, we will build
greater public awareness and support for
affordable housing in the region. • Lift to Rise – Resident Engagement Team:

Resident Leadership Table, Committees by
Cities, Community Advisory Committee
• Lift to Rise – Strategic Communications
efforts

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Item Number: 4.

Rapid Response
Advocate for a develop supports that can help
residents with emergency or chronic housing
needs.
• Lift to Rise – United Lift Rental Assistance Program distributed more than $300 million keeping more than 120,000 renters in their home
• Desert Hot Springs data: $12.6 million in assistance was disbursed to 1820 households
• Keeping residents housed and address their immediate needs o Mobile Home Park fire assistance

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Item Number: 4.
o DHS Homeless Resource Hub
You have the power, Desert Hot Springs!
• You have a certified Housing Element that defines your plan to address the housing crisis within your city. This plan includes policies and programs to ensure over 1,000 units of affordable housing are developed.
• We challenge the council to think of ways to go beyond what has been outlined in the certified housing element.
• Increase your participation in our efforts to address housing affordability throughout the region, not just in Desert Hot Springs.
• Consider regional collaboration for prohousing interventions such as inclusionary zoning, TOT revenue allocation, a prohousing designation, etc.
•
• Think about subsidies to affordable housing at the local level.

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Item Number: 4.

You all have the
power to ensure a
healthy, stable, and
thriving community
for all.

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Item Number: 4.

THANK YOU!
Connect with us!
[email protected] / www.lifttorise.org / Facebook: @LiftToRise / Instagram:
@LiftToRise

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Item Number: 4.

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SR-24-144
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 4, 2024
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: May 21, 2024 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - May 21, 2024 Item Number: 5.

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City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Regular Meeting
6:00 PM - Tuesday, May 21, 2024
Council Chambers
PRESENTATIONS - 5:15 P.M.

Police Department Life Saving Award
Jim Henson, Police Chief, and Steven Shaw, Deputy Police Chief, presented Life-Saving Awards to Officer Paulina Toscano and Detective Adam Perez for their courageous actions.

Proclamation for National Public Works Week & Retirement Recognition of Otto Meza, Public Works Maintenance Technician
Mayor Matas and the City Council presented a Proclamation for National Public Works Week.

Nicholas Haecker, Public Works Director, presented an overview of the Public Works Department achievements.

Retirement Recognition - Carol Morin, Mission Springs Water District This presentation was continued to the next meeting.

REGULAR SESSION - 6:00 P.M.

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

ROLL CALL

Present:

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

INVOCATION
Mayor Pro Tem Pye gave the Invocation.

Item Number: 5.

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City Council
May 21, 2024

PLEDGE OF ALLEGIANCE
Councilmember Gardner led the Pledge of Allegiance.

APPROVAL OF AGENDA
ACTION: Approve the May 21, 2024 Regular Meeting agenda and approve the Consent Calendar, except for Items 12, 14, and 16.

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

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

PUBLIC COMMENTS
Elliot Lew Griffin expressed concerns regarding law enforcement.

Brad Andersen spoke regarding elected official compensation.

Juanita Clifton spoke regarding the Senior Center.

Tammy Coflin spoke regarding the Senior Center.

Maria Robles spoke regarding the Senior Center.

Larry Baldwin spoke regarding the Senior Center.

Brian Brodowsky spoke regarding Diversity DHS.

CITY MANAGER REPORT
None.

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

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

Mayor Pro Tem Pye reported on the various meetings and events she attended.

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

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

Item Number: 5.

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City Council
May 21, 2024
PUBLIC HEARINGS:

1. Desert Valley Disposal Placing Delinquent Disposal Billings on the County Tax Roll for Fiscal Year 2024-2025
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, Placing the Delinquent Desert Valley Disposal Billings on the Fiscal Year 2024-25 County Tax Roll, after Holding a Public Hearing.

Staff Report - SR-24-134 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report.

Mayor Matas opened the Public Hearing.

Stephanie Martin spoke in a neutral position.

Brad Anderson spoke opposed.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2024-012.

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

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

2. Resolution Ordering Annual Assessments for Desert Valley Disposal Solid Waste Refuse Services of Residential Properties for Fiscal Year 2024-2025
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
Item Number: 5.

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City Council
May 21, 2024
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt a Resolution Ordering Annual Assessment for Desert Valley Disposal Solid Waste Refuse Services of Residential Properties for Fiscal Year 2024-25.

Staff Report - SR-24-130 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report.

Mayor Matas opened the Public Hearing.

Brad Andersen spoke opposed.

Stephanie Martin spoke opposed.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2024-013.

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

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

3. A Resolution Amending Existing User Fees Related to Mobile Food Facilities
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting the new user fees related to Mobile Food Facilities and the nexus study prepared. Staff Report - SR-24-116 - Pdf
Christina Newsom, Compliance Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

Stephanie Martin spoke opposed.

Item Number: 5.

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City Council
May 21, 2024
Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2024-014.

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

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

4. A Resolution Amending Existing User Fees Related to Street Vendors Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting the new user fees related to Street Vendors and the nexus study prepared.

Staff Report - SR-24-117 - Pdf
Christina Newsom, Compliance Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

Stephanie Martin spoke opposed.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2024-015.

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

AYES: Betts, Gardner, Pye, Nuñez, and Matas
Item 16 was considered at this time.

ADMINISTRATIVE CALENDAR:

5. Adoption of the Parks Master Plan
Recommendation:

Item Number: 5.

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City Council
May 21, 2024
Adopt the Parks Master Plan.

Staff Report - SR-24-128 - Pdf
Daniel Lopez, Engineering Technician, presented the staff report.

Alex Samarin, KTUA, presented an overview of the Parks Master Plan and responded to questions.

Tom Moen spoke in support.

Stephanie Martin spoke in support.

ACTION: Approve Staff recommendation and incorporate conservation land within the City designated by the Coachella Valley Conservation Commission.

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

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

6. Landscape and Lighting Maintenance District No. 2 Intention Proceedings for the Levy and Collection of Assessments
Recommendation:
1) Adopt a Resolution of the City Council declaring its intention for the levy and collection of assessments for Landscape and Lighting Maintenance District No. 2, Zones 1 through 19, for Fiscal Year 2024-25; and 2) Adopt a Resolution of the City Council approving the Annual Engineer's Report regarding the proposed levy and collection of assessments for Landscape and Lighting Maintenance District No. 2, Zones 1 through 19, for Fiscal Year 2024-25.

Staff Report - SR-24-121 - Pdf
At this time, straws were drawn under the Rule of Necessity for Items 6 and 7 because a majority of the City Council members present had a potential conflict of interest. Accordingly, Councilmember Betts and Mayor Matas recused from the proceedings for Item 6 and 7 due to a potential conflict of interest.

Mayor Pro Tem Pye assumed the Chair.

Tiffany Verduzco, Finance Manager, presented the staff report.

ACTION: Approve Staff recommendation and adopt Resolution No. 2024-016 (Intention) and Resolution No. 2024-017 (Engineer's Report).

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 3-0 by the following votes:

Item Number: 5.

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City Council
May 21, 2024
AYES: Gardner, Pye, and Nuñez
RECUSE: Betts and Matas

7. Drainage Assessment District No. 1 Intention Proceedings for the Levy and Collection of Assessments
Recommendation:
1) Adopt a Resolution of the City Council, declaring its intention for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2024-25; and
2) Adopt a Resolution of the City Council, for approval of the Annual Engineer’s Report regarding the proposed levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2024-25.

Staff Report - SR-24-122 - Pdf
Tiffany Verduzco, Finance Manager, presented the staff report.

ACTION: Approve Staff recommendation and adopt Resolution No. 2024-018 (Intention) and Resolution No. 2024-019 (Engineer's Report).

Moved by Mayor Pro Tem Nuñez
Seconded by Council Member Gardner
Carried 3-0 by the following votes:

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

8. Budget Adjustments for the 2024-2025 Fiscal Year, Gann Appropriations Limit for Fiscal Year 2024-2025, and Salary Schedule for Fiscal Year 2024- 20225
Recommendation:
1) Receive Staff Presentation of the City of Desert Hot Springs Fiscal Year 2024-2025 Budget Adjustments;
2) Entertain questions from City Council; and
3) Adopt a Resolution of the City Council of the City of Desert Hot Springs Approving the Budget Adjustments and Salary Schedule for Fiscal Year 2024-2025 and the Fiscal Year 2024-2025 Appropriations Limit.

Staff Report - SR-24-133 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.

A discussion ensued.

ACTION: Approve Staff recommendation and adopt Resolution No. 2024-020.

Item Number: 5.

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City Council
May 21, 2024
Moved by Council Member Gardner
Seconded by Council Member Pye
Carried 4-1 by the following votes:

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

9. An Ordinance Amending Mobile Food Facility, Street Vendor, and Peddler Regulations.

Recommendation:

Approve First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, amending Title 5 "Business License and Regulations" of Chapter 5.28 "Sidewalk Vendors and Peddlers" and Chapter

5.52 "Mobile Food Facilities" of the Desert Hot Springs Municipal Code." Staff Report - SR-24-118 - Pdf
Christina Newsom, Compliance Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

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

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

10. Landscape and Lighting Maintenance District No. 1 Intention Proceedings for the Levy and Collection of Assessments
Staff Report - SR-24-120 - Pdf
ACTION: Approved Staff recommendation and adopted:
1) Resolution No. 2024-021 of the City Council, declaring its intention for the levy and collection of assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B, for Fiscal Year 2024-25; and
2) Resolution No. 2024-022 of the City Council, approving the Annual Engineer’s Report regarding the proposed levy and collection of assessments for the Landscape and Lighting Maintenance District No. 1 for Fiscal Year 2024-25.

11. Professional Services Agreement with Monarch Technologies for Cannabis Tax and Fee Collection
Staff Report - SR-24-131 - Pdf
Item Number: 5.

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City Council
May 21, 2024
ACTION: Approved Staff recommendation to authorize the City Manager to execute an agreement with Monarch Technologies to implement a city-wide compliance system designed to calculate, assess, collect and remit fee revenue and related data from approved and licensed cannabis businesses operating in the City monthly to the City via Monarch Technologies platform.

12. Award Professional Services Agreement for Design, Engineering and Construction Observation of the John H. Furbee Aquatic Center Pool Repair Renovations and Splash Pad Renovations
Recommendation:

Authorize the City Manager to execute a Professional Service Agreement with Aquatic Design Group for Design, Engineering and Construction Observation for the John H. Furbee Aquatics Center Pool Renovations in the amount of $64,500.00; and for Design, Engineering and Construction Observation for the John H. Furbee Aquatics Center Splash Pad Renovations in the amount of $19,500.00, for a total amount not to exceed $84,000.00.

Staff Report - SR-24-125 - Pdf
Councilmember Betts pulled the item for discussion.

Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

Stephanie Martin spoke.

Tom Moen spoke.

ACTION: Approve Staff recommendation.

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

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

13. Award Maintenance Contract for Traffic Signal Maintenance and On-Call Services.

Staff Report - SR-24-126 - Pdf
ACTION: Approved Staff recommendation to authorize the City Manager to award the Traffic Signal Maintenance and On-Call Services contract to the most qualified bidder Yunex Traffic and authorize the City Manager to execute an agreement between Yunex Traffic and the City of Desert Hot Springs in the amount not to exceed $17,712.00 for Traffic Signal Maintenance and an additional $ 49,288.00 for On-Call Services, bringing the total amount for this contract to $ 60,000.00, for Traffic Signal Maintenance and On-Call Services.

Item Number: 5.

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City Council
May 21, 2024

14. First Amendment to Professional Services Agreement with NV5 Inc for Engineering Plan Check Services
Recommendation:

Authorize the City Manager to negotiate and execute the First Amendment to the Professional Services Agreement for engineering plan check services between the City and NV5 Incorporated, increasing the contract amount to an amount not to exceed $180,000 for fiscal year 2023/2024, $120,000 for fiscal year 2024/2025, and $120,000 for fiscal year 2025/2026.

Staff Report - SR-24-127 - Pdf
Councilmember Betts pulled the item for discussion.

Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

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

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

15. Mayor's Appointments to Various Intergovernmental and Regional Boards and Committees: Coachella Valley Animal Campus Commission Staff Report - SR-24-124 - Pdf
ACTION: Approved Staff recommendation to ratify Mayor Matas' appointment of Councilmember Gardner (member) and Mayor Matas (alternate) to the Coachella Valley Animal Campus Commission.

16. First Amendment and Restated Exclusive Franchise Agreement Recommendation:

Approve the First Amendment and Restated Exclusive Franchise Agreement with Desert Valley Disposal (DVD).

Staff Report - SR-24-129 - Pdf
Item 16 was considered following Item 4.

Frank Luckino, City Manager, presented the staff report and responded to questions.

ACTION: Approved Staff recommendation.

Moved by Council Member Betts
Item Number: 5.

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City Council
May 21, 2024
Seconded by Council Member Gardner
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas
The City Council recessed at 7:17 PM.

The City Council reconvened at 7:25 PM.

17. Notice of Completion - Police Station Tenant Improvement Project, City Project #8002
Staff Report - SR-24-132 - Pdf
ACTION: Approved Staff recommendation to approve the work, accept the project, and direct the City Manager to file the Notice of Completion for the Police Station Tenant Improvement Project, City Project # 8002.

18. Payment Register and City Council Expenditures for the Period of April 1, 2024 to April 30, 2024
Staff Report - SR-24-123 - Pdf
ACTION: Received and filed.

PUBLIC COMMENTS
Stephanie Martin spoke regarding Item 8.

ADJOURN
Mayor Matas adjourned the meeting at 8:57 PM.

Jerryl Soriano, CMC, City Clerk
Item Number: 5.

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SR-24-136
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 4, 2024
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Cooperative Agreement with the County of Riverside to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal, and Medical Emergency Services and with a Fuel Use Agreement.

RECOMMENDATION:

Approve the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue, Fire Marshal, and Medical Emergency Services and a Fuel Use Agreement for a term of July 1, 2024 to June 30, 2029.

DISCUSSION:

The City receives its fire services from the County of Riverside, through its Cooperative Fire Programs with CAL FIRE. The services include fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter called “Fire Services”). The Agreement also includes a Fuel Use Agreement where the Riverside County Fire Department shall purchase gasoline and diesel fuel stored at the Desert Hot Springs facility from the City of Desert Hot Springs.

A schedule of estimated annual contract costs is provided (Exhibit A to the Cooperative Agreement), which totals $20,045,576 for the 5-year term. Also reflected in Exhibit A is the schedule of contract staffing costs for the 5-year period. The staffing costs also include the ramping up of fire personnel to staff Station 98 when construction in completed.

FISCAL IMPACT:

Per the Cooperative Agreement for the term of July 1, 2024 to June 30, 2029, the following amounts will be included in the respective annual operating budgets:
- FY 2024-2025: $3,674,632 (Includes a one-time reduction in retirement rates) - FY 2025-2026: $4,092,736
- FY 2026-2027: $4,092,736
- FY 2027-2028: $4,092,736
- FY 2028-2029: $4,092,736
The cost estimates provided by the County include the highest possible personnel costs for staffing services. Since the actual staffing costs are less than what is estimated in the contract, over the Item Number: 6.

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SR-24-136
years, the City actually pays about 80% of the contract estimate. This difference is calculated in the FY2024-2025 Budget and will be in future budgets.

ATTACHMENTS:
1) Cooperative Agreement

1.2) Exhibit A to Cooperative Agreement 7-7-24 to 6-30-29

1.3) Exhibit B - Desert Hot Springs

1.4) Exhibit C - Desert Hot Springs

1.5) Exhibit D - Desert Hot Springs
2) Fuel Use Agreement with Fire
Item Number: 6.

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Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
1 of 10

A COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF DESERT HOT SPRINGS THIS AGREEMENT (“Agreement”), made and entered into this ____ day of ______________, 2024, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”) and the City of Desert Hot Springs, a municipal corporation (hereinafter referred to as “CITY”), whereby it is agreed as follows:

SECTION I: PURPOSE
The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement (“CAL FIRE Agreement”) with the California Department of Forestry and Fire Protection (“CAL FIRE”) to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter called “Fire Services”). This Agreement is entered into pursuant to the authority granted by Government Code section 55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY’s ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement.

SECTION II: DESIGNATION OF FIRE CHIEF
A. The County Fire Chief appointed by the County Board of Supervisors, or his/her designee (hereinafter referred to as “Chief”), shall represent COUNTY and CITY during the period of this Agreement, and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit “A,” attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services.

B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison (“Fire Liaison”). The Chief may delegate certain authority to the Fire Liaison, as the Chief’s duly authorized designee and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit “A.” C. The Chief Deputy County Fire shall be the COUNTY Contract Administrator and is the liaison for the administration of this agreement.

D. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein.

This flexibility shall include staffing challenges. The CITY shall be notified of any changes in classifications provided that differ from the Exhibit “A.” Item Number: 6.

Page 203 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
2 of 10
SECTION III: PAYMENT FOR SERVICES
A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit “A” for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY.

B. COUNTY provides fire personnel and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit “A,” CITY shall provide one hundred twenty (120) days’ written notice of the proposed requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; (3) The number of employees, by classification, affected by the proposed increase or decrease; and (4) the date the Notice is sent to COUNTY. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY’s request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions. COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section.

C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit “A,” on a quarterly basis. The COUNTY is mandated per Government Code section 51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof.

D. Any changes to the salaries or expenses set forth in Exhibit “A” made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit “A.” The CITY is obligated to expend or appropriate any sum in excess of Exhibit “A” increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit “A” as a result of action by the Legislature, CAL FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced.

Item Number: 6.

Page 204 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
3 of 10
Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Exhibit “A” that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibits “A” and “C” approved by the parties hereto.

E. Chief Deputy County Fire, as the COUNTY Contract Administrator, may be authorized to negotiate and execute any amendments to Exhibit “A” or Exhibit “C” of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a “Contract Administrator” who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit “A” or “C” on behalf of CITY.

F. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “B” are incorporated herein and shall additionally apply to this agreement regarding payment of services.

G. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “C” are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement.

H. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “D” are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services.

I. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this Agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure or is requested by the CITY, the COUNTY Fire Chief or Chief Deputy County Fire may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days.

After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Two Thousand Two Hundred Eighty-Five Dollars ($2,285) per day, or Fifteen Thousand Nine Hundred Ninety-Five Dollars ($15,995) per week, not including equipment.

J. Notwithstanding Paragraph H, as it relates to Fire Marshal services, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit “D”), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 and at a cost to the developer as outlined in COUNTY Ordinance No. 671 (Establishing Consolidated Fees For Land Use and Related Item Number: 6.

Page 205 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
4 of 10
Functions). Any services not provided for under Ordinance No. 671 will be at a cost to the CITY based upon the COUNTY-approved productive hourly rate for cost recovery.

K. In the event that a COUNTY owned squad, patrol (Type VI), or light vehicle is requested by the CITY for temporary operational use, the COUNTY Fire Chief or Chief Deputy County Fire may allow use of a COUNTY squad, patrol (Type VI), or light vehicle, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY squad, patrol (Type VI) or light vehicle as follows.

1. The squad rental fee shall be Fifty-two Dollars ($52) per day; or Three Hundred Sixty-two Dollars ($362) per week, not including equipment or fuel.

2. The patrol rental fee shall be Sixty-seven Dollars ($67) per day; or Four Hundred Seventy-one Dollars ($471) per week, not including equipment or fuel.

3. The light vehicle rental fee shall be Twenty-nine Dollars ($29) per day; or Two Hundred Four Dollars ($204) per week, not including equipment or fuel.

SECTION IV: INITIAL TERM AND AMENDMENT
A. The term of this Agreement shall be from July 1, 2024, to June 30, 2029.

B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement.

SECTION V: TERMINATION
During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code section 55603.5.

SECTION VI: COOPERATIVE OPERATIONS
All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid.

SECTION VII: MUTUAL AID
Item Number: 6.

Page 206 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
5 of 10
Pursuant to Health and Safety Code Sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety Code Section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code sections 13051 and 13054 to the officer designated by CITY.

SECTION VIII: SUPPRESSION COST RECOVERY
As provided in Health and Safety Code section 13009, County Ordinance No. 787.10, Section 5.D.2., and California Fire Code, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code section 53150 et seq. as may be amended from time to time. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan.

This recovery does not include CITY resources outside of this Cooperative Agreement.

Those resources would require the CITY to obtain cost recovery directly.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code section 13009 to the officer designated by CITY.

SECTION IX: PROPERTY ACCOUNTING
All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each.

SECTION X: FACILITY
CITY shall provide Fire Station(s), strategically located to provide standard response time within the City of Desert Hot Springs from which fire operations shall be conducted. If the Fire Station(s) are owned by the CITY, the CITY shall maintain the Item Number: 6.

Page 207 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
6 of 10
facilities at CITY’s cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY.

SECTION XI: INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

SECTION XII: AUDIT
A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other Item Number: 6.

Page 208 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
7 of 10
party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (Gov. Code, § 8546.7.) B. Each party shall bear their own costs in performing a requested audit.

SECTION XIII: DISPUTES
CITY shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief or County Contract Administrator that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims that involve CAL FIRE employees, the claims shall be submitted to State of California Office of Risk and Insurance Management Department of General Services directly for processing.

SECTION XIV: ATTORNEYS’ FEES
Item Number: 6.

Page 209 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
8 of 10
If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.

In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation.

SECTION XV: DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

COUNTY OF RIVERSIDE CITY OF DESERT HOT SPRINGS
Riverside County Fire Chief City Manager
210 West San Jacinto Avenue 11999 Palm Drive
Perris, CA 92570 Desert Hot Springs, CA 92240
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made.

SECTION XVI: PUBLIC RECORDS ACT REQUESTS
The parties understand and acknowledge that, as public agencies, COUNTY and CITY are required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The parties understand and acknowledge that such compliance may require disclosure of all relevant, nonexempt documents that fall within the scope of a qualifying request under the PRA, including documents received from and/or concerning the other party to this Agreement.

SECTION XVII: ELECTRONIC SIGNATURE
This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this agreement. The parties further agree that the electronic signatures of the parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as Item Number: 6.

Page 210 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
9 of 10
amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency.

Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.

SECTION XVIII: ENTIRE CONTRACT
This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. [Signature Provisions on following page]
Item Number: 6.

Page 211 of 307 ends

Cooperative Fire Agreement
City of Desert Hot Springs
July 1, 2024 to June 30, 2029
10 of 10
IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF DESERT HOT SPRINGS
Dated: ___________________________ By: _____________________________ Scott Matas, City Mayor
ATTEST: APPROVED AS TO FORM:

By: _____________________________ By: _____________________________ Jerryl Soriano, City Clerk Tuan Vu, Deputy City Attorney

COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Dated: ___________________________ By: _____________________________ Chair, Board of Supervisors
ATTEST: APPROVED AS TO FORM:

KIMBERLY A. RECTOR MINH C. TRAN,
Clerk of the Board County Counsel
By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Counsel
Contract Cities\COOPERATIVE AGREEMENT\TEMPLATE\COOPERATIVE AGREEMENTS\DRAFTS\TEMPLATE COOPERATIVE AGREEMENT DRAFT 20240101.docx Item Number: 6.

Page 212 of 307 ends

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER MEDICS FF II'S FFII MEDICS TOTALS STA #37
Medic Engine 807,784 3 712,096 3 699,793 3 2,219,673 9
Medic Squad 712,096 3 699,793 3 1,411,889 6
SUBTOTALS 807,784 1,424,192 1,399,585 $3,631,562
3 6 6 15
183,114 183,114 1
$183,114 16
26,620 344,432 15.32
9,914 9,914 1
13,898 2,720 86,106 6
7,655 114,818 15

36.51 26,489 235,756
81,675 81,675 1

38.08 27,633 245,927
3,151.42 11,857 39,154
$1,157,785
45,526
36,250 36,250 1
$5,054,236
* (1,379,603)
$3,674,632
* (787,832)
(591,771)
($1,379,603)
1 15.0
5,732 0.32
6 ** 15.32
1 1
8 *See notation below for estimate assupmtions
EXHIBIT "A"

MEDICAL EMERGENCY FOR THE CITY OF DESERT HOT SPRINGS
DATED APRIL 1, 2024 FOR FY2024/2025

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) per Entity Allocation
Medic Program (Schedule C) Medic FTE and

SUBTOTAL STAFF

SUBTOTAL
SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
FIRE SAFETY SPECIALIST (PCN 00006968) each
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station
Hazmat Support (Schedule I) per Call and per Station
per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff ECC Support (Schedule E) per Call and per Station

TOTAL STAFF COUNT

TOTAL ESTIMATED CITY BUDGET

DESERT HOT SPRINGS ESTIMATED FIRE TAX CREDIT

SUPPORT SERVICES ESTIMATE SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Support
Assigned Medic FTE Total Assigned Staff

NET ESTIMATED CITY BUDGET

STRUCTURAL FIRE TAXES

ESTIMATED REDEVELOPMENT PASS THRU

ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Public Affairs/Education
Training Procurement
Data Processing Fire Fighting Equip.

Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Personnel Office Supplies/Equip.

FY24/25 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 1 of 10 ends

Item Number: 6.

Page 213 of 307 ends

381,708 36,250
376,698 26,620
315,635 9,914
269,261 13,898
302,696 2,720
237,365 7,655
267,899 26,489
205,064 36.51
233,264 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions

MEDIC FTE

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

BAT CHIEF VOL DEL
CAPT

ENG BC SUPPORT

ENG/MEDIC ECC STATION

FF II ECC CALLS

FLEET SUPPORT

COMM/IT STATION

COMM/IT CALLS

DEPUTY FIRE MARSHAL

EMERGENCY MEDICAL SERVICE SPEC

EXECUTIVE ASSISTANT II

FACILITY STATION

FACILITY FTE

HAZMAT STATION

HAZMAT CALLS

FF II/MEDIC

ADMIN SVCS ANALYST II

ADMIN SVCS ASST
Household Furnishings Rent-Lease Bldgs
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary - All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 Pager Service Maint-Exterminatio

FIRE SAFETY SUPERVISOR

FIRE SAFETY SPECIALIST
Telephone Service Medical-Dental Su
Household Expense Other Medical Car
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Bui
FY 24/25 POSITION SALARIES TOP STEP

HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR

OFFICE ASSISTANT III
*Cost Assumptions:
- Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.

FY 24/25 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
Maint-Telephone
FY24/25 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 2 of 10 ends

Item Number: 6.

Page 214 of 307 ends

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER MEDICS FF II'S FFII MEDICS TOTALS STA #37
Medic Engine 896,446 3 790,012 3 777,223 3 2,463,681 9
Medic Squad 790,012 3 777,223 3 1,567,235 6
SUBTOTALS 896,446 1,580,024 1,554,446 $4,030,915
3 6 6 15
183,114 183,114 1
$183,114 16
26,620 344,432 15.32
9,914 9,914 1
13,898 2,720 86,106 6
7,655 114,818 15

36.51 26,489 235,756
81,675 81,675 1

38.08 27,633 245,927
3,151.42 11,857 39,154
$1,157,785
45,526
55,000 55,000 1
$5,472,340
* (1,379,603)
$4,092,736
* (787,832)
(591,771)
($1,379,603)
1 15.0
5,732 0.32
6 ** 15.32
1 1
8 *See notation below for estimate assupmtions

SUBTOTAL STAFF
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF DESERT HOT SPRINGS
DATED APRIL 1, 2024 FOR FY2025/2026
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) Per Entity Allocation
Medic Program (Schedule C) Medic FTE and
FIRE SAFETY SPECIALIST (PCN 00006968) each

SUBTOTAL
SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station
Hazmat Support (Schedule I) per Call and per Station
per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff ECC Support (Schedule E) per Call and per Station

TOTAL STAFF COUNT

TOTAL ESTIMATED CITY BUDGET

DESERT HOT SPRINGS ESTIMATED FIRE TAX CREDIT

SUPPORT SERVICES ESTIMATE SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Support
Assigned Medic FTE Total Assigned Staff

NET ESTIMATED CITY BUDGET

STRUCTURAL FIRE TAXES

ESTIMATED REDEVELOPMENT PASS THRU

ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Public Affairs/Education
Training Procurement
Data Processing Fire Fighting Equip.

Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Personnel Office Supplies/Equip.

FY25/26 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 3 of 10 ends

Item Number: 6.

Page 215 of 307 ends

424,655 55,000
419,073 26,620
350,396 9,914
298,815 13,898
330,385 2,720
263,337 7,655
297,615 26,489
227,505 36.51
259,074 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement FY 25/26 POSITION SALARIES TOP STEP
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT

ENG BC SUPPORT

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

BAT CHIEF VOL DEL

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

DEPUTY FIRE MARSHAL FACILITY STATION

ENG/MEDIC ECC STATION

FF II ECC CALLS

FF II/MEDIC FLEET SUPPORT

FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR

OFFICE ASSISTANT III
*Cost Assumptions:

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

EXECUTIVE ASSISTANT II HAZMAT STATION

FIRE SAFETY SUPERVISOR HAZMAT CALLS
Pager Service Maint-Exterminatio
Telephone Service Medical-Dental Su
Household Expense Other Medical Car
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.

FY 25/26 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Bui
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
FY25/26 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 4 of 10 ends

Item Number: 6.

Page 216 of 307 ends

CAPTAINS CAPTAIN

36.51 26,489 235,756
81,675 81,675 1

SUBTOTAL STAFF
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF DESERT HOT SPRINGS
DATED APRIL 1, 2024 FOR FY2026/2027
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) Per Entity Allocation
Medic Program (Schedule C) Medic FTE and
FIRE SAFETY SPECIALIST (PCN 00006968) each

TOTAL STAFF COUNT

TOTAL ESTIMATED CITY BUDGET

DESERT HOT SPRINGS ESTIMATED FIRE TAX CREDIT

SUPPORT SERVICES ESTIMATE SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Support
Assigned Medic FTE Total Assigned Staff

NET ESTIMATED CITY BUDGET

STRUCTURAL FIRE TAXES

ESTIMATED REDEVELOPMENT PASS THRU

ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Public Affairs/Education
Training Procurement
Data Processing Fire Fighting Equip.

Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Personnel Office Supplies/Equip.

FY26/27 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 5 of 10 ends

Item Number: 6.

Page 217 of 307 ends

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement FY 26/27 POSITION SALARIES TOP STEP
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT

ENG BC SUPPORT

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

BAT CHIEF VOL DEL

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

DEPUTY FIRE MARSHAL FACILITY STATION

ENG/MEDIC ECC STATION

FF II ECC CALLS

FF II/MEDIC FLEET SUPPORT

FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR

OFFICE ASSISTANT III
*Cost Assumptions:

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

EXECUTIVE ASSISTANT II HAZMAT STATION

FY 26/27 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Bui
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
FY26/27 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 6 of 10 ends

Item Number: 6.

Page 218 of 307 ends

CAPTAINS CAPTAIN

36.51 26,489 235,756
81,675 81,675 1

SUBTOTAL STAFF
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF DESERT HOT SPRINGS
DATED APRIL 1, 2024 FOR FY2027/2028
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) Per Entity Allocation
Medic Program (Schedule C) Medic FTE and
FIRE SAFETY SPECIALIST (PCN 00006968) each

TOTAL STAFF COUNT

TOTAL ESTIMATED CITY BUDGET

DESERT HOT SPRINGS ESTIMATED FIRE TAX CREDIT

SUPPORT SERVICES ESTIMATE SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Support
Assigned Medic FTE Total Assigned Staff

NET ESTIMATED CITY BUDGET

STRUCTURAL FIRE TAXES

ESTIMATED REDEVELOPMENT PASS THRU

ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Public Affairs/Education
Training Procurement
Data Processing Fire Fighting Equip.

Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Personnel Office Supplies/Equip.

FY27/28 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 7 of 10 ends

Item Number: 6.

Page 219 of 307 ends

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement FY 27/28 POSITION SALARIES TOP STEP
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT

ENG BC SUPPORT

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

BAT CHIEF VOL DEL

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

DEPUTY FIRE MARSHAL FACILITY STATION

ENG/MEDIC ECC STATION

FF II ECC CALLS

FF II/MEDIC FLEET SUPPORT

FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR

OFFICE ASSISTANT III
*Cost Assumptions:

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

EXECUTIVE ASSISTANT II HAZMAT STATION

FY 27/28 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Bui
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
FY27/28 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 8 of 10 ends

Item Number: 6.

Page 220 of 307 ends

CAPTAINS CAPTAIN

36.51 26,489 235,756
81,675 81,675 1

SUBTOTAL STAFF
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF DESERT HOT SPRINGS
DATED APRIL 1, 2024 FOR FY2028/2029
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) Per Entity Allocation
Medic Program (Schedule C) Medic FTE and
FIRE SAFETY SPECIALIST (PCN 00006968) each

TOTAL STAFF COUNT

TOTAL ESTIMATED CITY BUDGET

DESERT HOT SPRINGS ESTIMATED FIRE TAX CREDIT

SUPPORT SERVICES ESTIMATE SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Support
Assigned Medic FTE Total Assigned Staff

NET ESTIMATED CITY BUDGET

STRUCTURAL FIRE TAXES

ESTIMATED REDEVELOPMENT PASS THRU

ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Public Affairs/Education
Training Procurement
Data Processing Fire Fighting Equip.

Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Personnel Office Supplies/Equip.

FY28/29 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 9 of 10 ends

Item Number: 6.

Page 221 of 307 ends

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement FY 28/29 POSITION SALARIES TOP STEP
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT

ENG BC SUPPORT

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

BAT CHIEF VOL DEL

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

DEPUTY FIRE MARSHAL FACILITY STATION

ENG/MEDIC ECC STATION

FF II ECC CALLS

FF II/MEDIC FLEET SUPPORT

FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR

OFFICE ASSISTANT III
*Cost Assumptions:

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

EXECUTIVE ASSISTANT II HAZMAT STATION

FY 28/29 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Bui
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
FY28/29 ESTIMATE

CITY OF DESERT HOT SPRINGS

Page 10 of 10 ends

Item Number: 6.

Page 222 of 307 ends

Exhibit “B”

CITY OF DESERT HOT SPRINGS
July 1, 2024 – June 30, 2029
1 of 1
EXHIBIT “B”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE

AND MEDICAL AID FOR THE CITY OF DESERT HOT SPRINGS
DATED JULY 1, 2024

PAYMENT FOR SERVICES

ADDITIONAL TERMS
COUNTY shall make a claim to CITY for the actual cost, including actual fuel costs as noted in Section IIIC of the Cooperative Agreement, of contracted services as shown on Exhibit “A” during each of the following periods:
(1) July 1 through September 30, claim in October;
(2) October 1 through December 31, claim in January;
(3) January 1 through March 31, claim in April; and
(4) April 1 through June 30, claim in July/August
The claims shall be for the actual cost of services after any deduction for estimated Structural Fire taxes and/or Redevelopment, with final reconciliation of fire taxes to actual revenue received which may result in an additional credit or expense to CITY, in the August final claim. CITY shall pay each claim within 30 days after receipt thereof.

COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY Auditor Controller/Treasurer Tax Collector Office to be collected in each fiscal year of this Agreement. The allowed credit shall not exceed the cost of contracted services.

Item Number: 6.

Page 223 of 307 ends

FY24/25 Exhibit “C”

CITY OF DESERT HOT SPRINGS
July 1, 2024 – June 30, 2029

Page 1 of 2 ends

EXHIBIT “C”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHALL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF DESERT HOT SPRINGS DATED JULY 1, 2024

PAYMENT FOR SERVICES

ADDITIONAL SERVICES

FIRE ENGINE USE AGREEMENT
Station 37
Engine E37, RCO No. 01-823 (VIN: 4S9AEETBXNS559881)
The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY.

This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable.

The CITY will have the sole option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County shall take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY, and to the CITY.

The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement.

When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new Item Number: 6.

Page 224 of 307 ends

FY24/25 Exhibit “C”

CITY OF DESERT HOT SPRINGS
July 1, 2024 – June 30, 2029

Page 2 of 2 ends

fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine.

The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $725,000. If this Agreement is entered into midyear, the annual cost will be prorated accordingly. Replacement cost is subject to change based on current Type I Fire Engine cost. See each respective fiscal year’s Exhibit “A” for current Fire Engine Use Agreement costs.

The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated.

Item Number: 6.

Page 225 of 307 ends

Exhibit “D”

CITY OF DESERT HOT SPRINGS
July 1, 2024 – June 30, 2029

Page 1 of 2 ends

EXHIBIT “D”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF DESERT HOT SPRINGS DATED JULY 1, 2024

PAYMENT FOR ADDITIONAL SERVICES

OFFICE OF THE FIRE MARSHAL AGREEMENT
The Fire Marshal Agreement is utilized in the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include:

For conformance with applicable laws, codes and regulations concerning fire protection and life safety -
• Review Planning and Development Cases for the CITY.
• Review and inspection of all construction development for the CITY. • Fire Life/Safety Inspections of State Regulated Occupancies. • Review, Permitting and Inspection of Special Events.
• Investigation of fire safety complaints.
• Meeting with development applicants and customers.

Administrative activities -
• Creation and maintenance of forms for review and inspection of construction development and fire/life safety inspections.
• Provide information to customers on CITY Ordinances and Standards for construction.
• Creation and maintenance of Information Bulletins, Technical Policies and Standards for Fire Protection in the CITY.
• Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety.

It is the CITY responsibility to provide or provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards. These supplies include, but are not limited to:
• Vehicle and regular maintenance.
• Training.
• Office space, furniture, Code & Standard reference books, and general & field supplies.
• All IT and Communication tools (such as cell phone, computer, etc.). • Uniform costs.

All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement.

Item Number: 6.

Page 226 of 307 ends

Exhibit “D”

CITY OF DESERT HOT SPRINGS
July 1, 2024 – June 30, 2029

Page 2 of 2 ends

The CITY may opt out of this Agreement and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year.

It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY.

F:\data\RRU County Finance\Contract Cities\EXHIBIT D ~ Fire Marshal Services\FY 2024-2025\Exhibit D - Desert Hot Springs 20240701.docx Item Number: 6.

Page 227 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
1 of 10

NON-EXCLUSIVE LICENSE AND PURCHASE AGREEMENT FOR

FUEL USE
This agreement is made and entered into this ______ day of _________________, 2024 (“Agreement”), by and between the CITY OF DESERT HOT SPRINGS (hereinafter referred to as “DHS”), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “RCFD”), with DHS and RCFD sometimes herein being referred to individually as a “Party,” or collectively as “Parties.” WHEREAS, on June 29, 2021, the Parties entered into an agreement titled “A Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Desert Hots Springs” (“Cooperative Agreement”).

WHEREAS, pursuant to Section III(C) of the Cooperative Agreement, the City shall pay RCFD actual costs for Fire Services pursuant to Exhibit A of the Cooperative Agreement.

WHEREAS, Exhibit A of the Cooperative Agreement provides that for the fiscal year 2021/2022 the City will pay to the County approximately $65,330 for Fleet Services, which Fleet Services include fuel costs; Exhibit A of the Cooperative Agreement provides that for the fiscal year 2022/2023 the City will pay to the County approximately $68,597 for Fleet Services, which Fleet Services include fuel costs.

WHEREAS, RCFD desires to purchase fuel from DHS from DHS owned and maintained fuel pumps at Desert Hot Springs Maintenance Facility (“DHS Facility” or “Property”) in an effort to reduce actual fuel costs mentioned in the Cooperative Agreement.

WHEREAS, the intent of this Agreement is to define the respective roles and responsibilities of each Party solely with respect to the substance of this Agreement.

NOW THEREFORE, in consideration of the mutual covenants contained herein, with the recitals incorporated into the Agreement, the Parties hereto agree as follows:

A. PURCHASE AND SALE OF FUEL
RCFD shall purchase gasoline and diesel fuel stored at the DHS Facility from DHS (hereinafter collectively referred to as “Fuel”), and DHS shall sell Fuel to authorized personnel of RCFD, for a price that mirrors the actual cost of FUEL paid by DHS. RCFD shall pay for only Fuel that is used. In no way shall DHS be responsible for providing FUEL to RCFD should DHS not have the FUEL to provide. In other words, DHS has no obligation to purchase FUEL specifically for RCFD.

Item Number: 6.

Page 228 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
2 of 10
B. AUTHORIZED PURCHASERS OF FUEL
DHS shall only sell Fuel to authorized personnel of RCFD. RCFD represents and warrants that any and all persons purchasing the Fuel at the DHS Facility are authorized employees of the RCFD who are authorized to purchase the Fuel. Further, Fuel purchased at the DHS Facility by RCFD authorized personnel shall be dispensed into a fuel tank of a motor vehicle, equipment, or other container owned and used by the RCFD, for the RCFD’s sole use.

C. EQUIPMENT
DHS hereby agrees to maintain fueling equipment at DHS Facility, as well as any licenses, permits, inspections, and use taxes potentially subject to said equipment.

D. PROCEDURE FOR TRACKING FUEL USAGE
All Fuel obtained by the Parties must be tracked and submitted to DHS personnel on a separate AO-78a form (fuel log) attached as Exhibit “FUA-1.” All AO-78a forms shall be submitted by the end of each month to DHS Maintenance Facility at 65-950 Pierson Boulevard, Desert Hot Springs, CA 92240 Attention: City Manager.

E. BILLING AND PAYMENTS
DHS shall sell Fuel to authorized personnel of RCFD, for a price that mirrors the actual cost of FUEL paid by DHS.

The billing for Fuel used by RCFD covered under this Agreement will be generated quarterly. The billing will be invoiced off the total dollar amount of Fuel used each quarter.

Under no circumstances shall the DHS be doubled-billed for FUEL under this Agreement and the Cooperative Agreement.

A comprehensive invoice will be prepared by DHS and forwarded to RCFD.

RCFD agrees to pay DHS the invoiced amount in the manner set forth above upon receipt of said invoice.

F. OWNERSHIP
DHS shall maintain ownership of each Fuel pump, including but not limited to hardware, accessories, and license/permits.

Item Number: 6.

Page 229 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
3 of 10
G. MAINTENANCE AND/OR REPLACEMENT
DHS agrees to maintain the daily care and usage of each Fuel pump with due diligence. RCFD will be liable for each Fuel pump if clearly damaged by negligent and/or wrongful misuse. DHS agrees at its discretion to repair or replace all or any Fuel pump as needed for reasonable wear and tear, or for unforeseen and unintentional damage or loss, not covered under warranty.

H. LICENSE
DHS hereby grants to the Logistics and Operations Coordinator of the RCFD Station 36 & 37 and its agents, employees, a revocable, nonexclusive, license, right, privilege, and permission to enter onto the Property for the purpose of using the fuel pump and purchasing the FUEL and for no other purpose. RCFD shall defend, indemnify and hold harmless DHS, and its officers, employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities of whatsoever kind and nature arising from death, personal injury, property damage or other cause asserted or based upon any act or omission of RCFD, its employees, agents, or any subcontractors, agents or representatives of RCFD, or the obligations contemplated by this Agreement, to or in any way connected with the use of the Property. Such indemnification shall include all costs and fees, including attorney’s fees.

The obligations set forth in this paragraph shall survive the termination of this Agreement.

I. TERM
This Agreement shall be in effect July 1, 2022 through June 30, 2027, unless sooner terminated as provided for below.

In the event the Parties intend to renew this Agreement at the end of the term, and the Parties have not yet finalized a renewal agreement, the terms and conditions of this Agreement will continue in full force and effect, on a month-to-month basis, not to exceed six (6) months, until a new agreement can be completed, approved and signed by the Parties. In the event costs to the RCFD increase with the renewal agreement, once a renewal agreement has been signed, RCFD shall make up the difference between the current rate and the new rate.

J. TERMINATION
Either Party may terminate this Agreement for convenience by giving sixty (60) days’ notice, in writing, to the other Party or by mutual Agreement. Upon termination or expiration of this Agreement, RCFD agrees to pay DHS for any Fuel usage not previously invoiced at the point of termination or expiration, as a final billing.

Item Number: 6.

Page 230 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
4 of 10
Notwithstanding the provision above, this Agreement may be terminated by either Party upon the failure of the other Party hereto to perform or fulfill, at the time and in the manner herein provided, any material obligation or condition required to be performed or fulfilled by such Party hereunder. Any such failure, upon its occurrence, shall constitute a breach, and termination shall be effective immediately following not less than thirty (30) days after written notice thereof from the non-breaching Party.

K. ASSIGNMENT
RCFD shall not have the right to assign or otherwise transfer any of its rights or obligations under this Agreement. Any prohibited assignment or attempted assignment shall be null and void.

L. ACKNOWLEDGEMENT
RCFD hereby acknowledges that DHS is not the manufacturer of the Fuel equipment and makes no representations or warranties regarding the quality or its fitness for a particular purpose.

M. INSURANCE
a) Both Parties represent and warrant that they are self-insured with respect to both commercial general liability and vehicle liability insurance, in amounts of a minimum of $1,000,000 per occurrence combined single limit and $2,000,000 in the aggregate. Both Parties shall name the other Party as an additional insured for all insurance required herein.
b) General Insurance Provision – All Lines:

1. The insurance provided by the policies required hereunder shall not be canceled except after thirty (30) days’ written notice has been mailed to the other Party and ten (10) days’ notice if cancellation is for nonpayment of premium.

2. It is understood and agreed by the RCFD that the insurance provided by them shall be primary insurance and DHS’ insurance and/or deductible and/or self-insured programs shall not be construed as contributory.

3. The RCFD agrees to notify DHS of any claim by a third party or any incident that may give rise to a claim arising from their use of the DHS Facility or entry onto the Property.

4. The specified insurance limits herein shall in no way limit or circumscribe obligations to indemnify and hold DHS or RCFD free and harmless herein.

N. INDEMNIFICATION
Item Number: 6.

Page 231 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
5 of 10
RCFD shall defend, indemnify and hold harmless DHS, its affiliated agencies, their employees, officers, agents, representatives and volunteers, from any liability whatsoever, including all costs, costs of investigation, defense and settlements or awards, and all fees and attorney’s fees, based or asserted upon any activities under this Agreement by RCFD, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to for property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of RCFD, its officers, agents, employees, subcontractors, agents or representatives from this Agreement.

DHS shall defend, indemnify and hold harmless RCFD, its directors, officers, Board of Trustees, employees, agents and representatives from any liability whatsoever, based on or asserted upon any activities under this Agreement by DHS, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to for property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of DHS, its offices, agents, employees, subcontractors, agents or representatives from this Agreement.

O. FORCE MAJEURE
If either Party’s performance of any of its obligations hereunder are delayed or impaired by reason of any Act of God, or, civil disturbance, strike, adverse weather condition, inability to arrange for or delays in transportation, unavoidable casualty, inability to acquire or delays in acquiring any component from a manufacturer or supplies, inability to obtain or delays in obtaining any permits or any law, rule or order of any governmental agency or official or any cause not reasonably within either Party’s control including without limitation the non-renewal or termination of or inability to obtain license of any of the application programs, and not due to any fault, neglect, act or omission on the part of either Party, that Party shall be entitled to an extension of time for completion of same for a period equivalent to the time lost by reason thereof; provided, however, that such Party gives the other Party notice thereof within five (5) business days (unless circumstances require immediate notification) of the commencement of such claim of delay or impairment.

P. ENTIRE AGREEMENT
This Agreement, including any Exhibits attached hereto and by this reference incorporated herein, constitutes the entire Agreement between the Parties with respect to the subject matter hereof, and supersedes all previous proposals, oral or written, and all negotiations, conversation or discussions between the parties related to this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either Party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the Party making the waiver. In the event the Item Number: 6.

Page 232 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
6 of 10
Agreement is determined to be void in part, the remainder of the Agreement shall survive.

Q. AMENDMENT AND MODIFICATION
This Agreement shall not be modified, amended, rescinded, canceled or waived, in whole or in part, except by written amendment signed by each of the parties hereto.

Any modification or amendment to this Agreement shall be of no force an effect unless it is in writing and signed by both parties.

R. DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

RIVESIDE COUNTY FIRE DEPARTMENT CITY OF DESERT HOT SPRINGS County Fire Chief City Manager
210 West San Jacinto Avenue 65-950 Pierce Boulevard
Perris, CA 92570 Desert Hot Springs, CA 92240
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such services is made.

S. ATTORNEYS’ FEES AND LITIGATION EXPENSES
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.

T. DEFAULT
a) Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such Party shall not be deemed to be in default hereunder.
b) The Party which may claim that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving Item Number: 6.

Page 233 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
7 of 10
such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d) In the event that a default of any Party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured Party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

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

V. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency.

Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

W. 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 Item Number: 6.

Page 234 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
8 of 10
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.

X. 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.

Y. 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.

Z. NO THIRD-PARTY BENEFICIARIES
The Parties do not intend the benefits of this Agreement to inure to any third party, other than DHS, nor shall any provision of this Agreement be so construed.

Item Number: 6.

Page 235 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
9 of 10
IN WITNESS WHEREOF, the duly authorized officials of the Parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF DESERT HOT SPRINGS
DATE: __________________________ BY: __________________________ FRANK LUCKINO, City Manager
COUNTY OF RIVERSIDE, a political
subdivision of the State of California
DATE: __________________________ BY: __________________________ Chairman, Board of Supervisors
ATTEST: APPROVED AS TO FORM:

MINH C. TRAN,
KIMBERLY A. RECTOR County Counsel
Clerk of the Board
BY: ____________________________ BY: ____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Counsel
Item Number: 6.

Page 236 of 307 ends

FUEL USE AGREEMENT
July 1, 2022 – June 30, 2027
10 of 10
F:\data\RRU County Finance\Contract Cities\COOPERATIVE AGREEMENT\DESERT HOT SPRINGS\FUEL USE AGREEMENT\DESERT HOT SPRINGS Fuel Use Agreement with Fire 20220322.docx
Item Number: 6.

Page 237 of 307 ends

Page 238 of 307 ends

SR-24-138
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 4, 2024
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Community Facilities District 2006-1 Improvement Area No. 1, Levy and Collection of Special Taxes for Fiscal Year 2024-25
RECOMMENDATION:

Adopt a Resolution of the City Council Ordering the Levy and Collection of Special Taxes within Community Facilities District No. 2006-1 Improvement Area No. 1, for Fiscal Year 2024-25.

BACKGROUND:

The City formed the City of Desert Hot Springs Community Facilities District No. 2006-1 (“District”) and designated portions of the District as five improvement areas known as Improvement Area 1, Improvement Area 2, Improvement Area 3, Improvement Area 4, and Improvement Area 5 under and pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code §§53311-53368.3) (the “Act”). The District was formed to finance and purchase facilities including: streets, bridges and traffic signal facilities, city fire department, law enforcement and transportation impact, street improvements, street lights, utility relocation, sidewalks, perimeter walls and landscaping related thereto, local City improvement storm drainage facilities, detention basin facilities and landscaping, fire station facilities, park facilities and land, rights-of-way and easements necessary for any of such facilities.

The City issued Special Tax Bonds, Series 2008A for $2,080,000 on November 19, 2008, to finance a portion of the facilities within the District. The City refunded these bonds and issued Special Tax Bonds, Series 2010 for $2,285,000 on August 17, 2010. On February 6, 2020, the City refunded the Series 2010 bonds and issued the Series 2020 Special Tax Refunding Bonds in the amount of $1,995,205.57. On December 21, 2023, the City issued Series 2023 Special Tax Bonds (“Parity Bonds”) in the amount of $1,970,000. Both the Series 2020 and the Series 2023 bonds mature on September 1, 2038.

DISCUSSION:

The City Council adopted Ordinance No. 2007-13, on August 7, 2007, which authorized and levied the Special Taxes within Improvement Area 1 of the District. Pursuant to the Act (Section 53340) the City Council may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance. The attached resolution will authorize the levy of the special taxes within Improvement Area 1 of the District for Fiscal Year 2024-25. The list of parcels subject to the special tax would need to be filed with the County by August 10, 2024, for placement on the tax roll.

Item Number: 7.

Page 239 of 307 ends

SR-24-138
FISCAL IMPACT:

There are 394 developed parcels included within the District’s Improvement Area No. 1, generating a total levy of $365,300.43 for Fiscal Year 2024-25.

ATTACHMENTS:
1) Resolution Ordering Levy FY 24-25 - CFD 2006-1
2) Preliminary Roll FY 24-25 - CFD 2006-1 (Exhibit A to Resolution) Item Number: 7.

Page 240 of 307 ends

Resolution No. 2024-______
Date Adopted: June 4, 2024

Page 1 of 4 ends

RESOLUTION NO. 2024-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT
NO. 2006-1 IMPROVEMENT AREA 1, FOR FISCAL YEAR 2024-25
WHEREAS, the City Council of the City of Desert Hot Springs (the “City”) has formed City of Desert Hot Springs Community Facilities District No. 2006-1 (the “Community Facilities District”) and designated portions of the Community Facilities District as five improvement areas (each an “Improvement Area”) known as “Improvement Area 1 of Community Facilities District No. 2006-1” (“Improvement Area 1”), “Improvement Area 2 of Community Facilities District No. 2006-1” (“Improvement Area 2”), “Improvement Area 3 of Community Facilities District No. 2006-1” (“Improvement Area 3”), “Improvement Area 4 of Community Facilities District No. 2006-1” (“Improvement Area 4”) and “Improvement Area 5 of Community Facilities District No. 2006-1” (“Improvement Area 5”), under and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy certain special taxes within Improvement Area 1 to pay for the costs of certain public facilities (the “Special Taxes”);
WHEREAS, the City Council, pursuant to Ordinance No. 2007-13, adopted by the City Council on August 7, 2007, authorized and levied the Special Taxes within Improvement Area 1 of the Community Facilities District;
WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year; and WHEREAS, the City Council desires to levy the Special Taxes within Improvement Area 1, as applicable, for Fiscal Year 2024-25;

NOW, THEREFORE, BE IT RESOLVED DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. Recitals
That all of the above recitals are true and correct.

Section 2. Special Taxes
That the City Council hereby levies the Special Taxes for the Fiscal Year 2024-25 at the rates and with respect to the parcels as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. The Administrative Services Director of the City is hereby authorized and directed to file with the Riverside County Auditor-Controller no later than August 10, 2024, subject only to permitted extension by the Auditor-Controller, a certified list of all parcels subject to the Special Tax levy including the amount of the Special Taxes to be levied on each parcel for Fiscal Year 2024-25.

Item Number: 7.

Page 241 of 307 ends

Resolution No. 2024-______
Date Adopted: June 4, 2024

Page 2 of 4 ends

Section 3. Authorization
That the officers and agents of the City are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2024- 25 as provided in this Resolution.

Section 4. Approval of Previous Actions
That all actions heretofore taken by the officers and agents of the City with respect to the levy of the Special Taxes for Fiscal Year 2024-25 are hereby approved, confirmed and ratified.

Section 5. Effective Date
That this Resolution shall take effect immediately upon its adoption.

Section 6. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 7.

Page 242 of 307 ends

Resolution No. 2024-______
Date Adopted: June 4, 2024

Page 3 of 4 ends

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this fourth day of June 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Tuan-Anh Vu, City Attorney
Item Number: 7.

Page 243 of 307 ends

Resolution No. 2024-______
Date Adopted: June 4, 2024

Page 4 of 4 ends

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 June 4, 2024, 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:

NAYES:

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: June 4, 2024
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 7.

Page 244 of 307 ends

APN Levy
667240001 $945.90
667240005 $838.10
667240009 $838.10
667240013 $838.10
667240017 $838.10
667240021 $838.10
667240025 $838.10
667240029 $838.10
667240033 $838.10
667240037 $838.10
667250003 $838.10
667250007 $838.10
667250011 $945.90
667250015 $838.10
667250019 $945.90
667250023 $838.10
667250027 $838.10
667250031 $945.90
667250035 $945.90
667260001 $838.10
667260005 $838.10
667260009 $945.90
667260013 $838.10
667260017 $945.90
667260021 $838.10
667260025 $838.10
667260029 $838.10
667260033 $838.10
667260037 $838.10
667260041 $838.10
667260045 $838.10
667260049 $838.10
667260053 $945.90
667260057 $838.10
667260061 $838.10
APN Levy
667240002 $838.10
667240006 $945.90
667240010 $945.90
667240014 $838.10
667240018 $838.10
667240022 $838.10
667240026 $838.10
667240030 $838.10
667240034 $945.90
667240038 $838.10
667250004 $838.10
667250008 $945.90
667250012 $838.10
667250016 $945.90
667250020 $838.10
667250024 $838.10
667250028 $945.90
667250032 $838.10
667250036 $838.10
667260002 $838.10
667260006 $945.90
667260010 $838.10
667260014 $838.10
667260018 $838.10
667260022 $945.90
667260026 $838.10
667260030 $838.10
667260034 $838.10
667260038 $945.90
667260042 $945.90
667260046 $838.10
667260050 $838.10
667260054 $838.10
667260058 $838.10
667260062 $945.90
APN Levy
667240003 $838.10
667240007 $838.10
667240011 $945.90
667240015 $838.10
667240019 $945.90
667240023 $838.10
667240027 $838.10
667240031 $945.90
667240035 $838.10
667250001 $838.10
667250005 $945.90
667250009 $838.10
667250013 $838.10
667250017 $838.10
667250021 $838.10
667250025 $838.10
667250029 $838.10
667250033 $945.90
667250037 $838.10
667260003 $945.90
667260007 $838.10
667260011 $945.90
667260015 $945.90
667260019 $838.10
667260023 $838.10
667260027 $838.10
667260031 $838.10
667260035 $945.90
667260039 $838.10
667260043 $838.10
667260047 $838.10
667260051 $838.10
667260055 $838.10
667260059 $838.10
667260063 $838.10
APN Levy
667240004 $945.90
667240008 $945.90
667240012 $838.10
667240016 $838.10
667240020 $838.10
667240024 $945.90
667240028 $945.90
667240032 $838.10
667240036 $838.10
667250002 $945.90
667250006 $838.10
667250010 $838.10
667250014 $945.90
667250018 $838.10
667250022 $945.90
667250026 $838.10
667250030 $838.10
667250034 $838.10
667250038 $945.90
667260004 $838.10
667260008 $838.10
667260012 $838.10
667260016 $838.10
667260020 $945.90
667260024 $945.90
667260028 $945.90
667260032 $945.90
667260036 $838.10
667260040 $945.90
667260044 $838.10
667260048 $945.90
667260052 $838.10
667260056 $945.90
667260060 $945.90
667260064 $838.10
Albert A. Webb Associates Page 1 of 3 Execution Time: 5/22/2024 3:13:29 PM Fiscal Year 2024-25 Assessment Roll
City of Desert Hot Springs 687201 - CFD 2006-1 IA 1
Item Number: 7.

Page 245 of 307 ends

APN Levy
667260065 $945.90
667260069 $838.10
667260073 $945.90
667260077 $838.10
667270003 $945.90
667270007 $945.90
667270011 $838.10
667270015 $945.90
667270019 $945.90
667270023 $838.10
667270027 $945.90
667270031 $945.90
667270035 $1,071.14
667270039 $838.10
667270043 $1,071.14
667270047 $838.10
667270051 $1,071.14
667270055 $838.10
667270059 $945.90
667270063 $945.90
667270067 $945.90
667270071 $945.90
667270075 $838.10
667270079 $1,071.14
667280004 $945.90
667280008 $838.10
667280012 $838.10
667280016 $945.90
667280020 $945.90
667280024 $945.90
667280028 $1,071.14
667280032 $945.90
667280036 $1,071.14
667280040 $945.90
667280044 $1,071.14
APN Levy
667260066 $838.10
667260070 $945.90
667260074 $838.10
667260078 $838.10
667270004 $1,071.14
667270008 $1,071.14
667270012 $945.90
667270016 $1,071.14
667270020 $1,071.14
667270024 $1,071.14
667270028 $838.10
667270032 $1,071.14
667270036 $945.90
667270040 $1,071.14
667270044 $838.10
667270048 $824.42
667270052 $824.42
667270056 $1,071.14
667270060 $824.42
667270064 $1,093.92
667270068 $824.42
667270072 $838.10
667270076 $945.90
667280001 $838.10
667280005 $1,071.14
667280009 $945.90
667280013 $1,071.14
667280017 $1,071.14
667280021 $1,071.14
667280025 $1,071.14
667280029 $838.10
667280033 $824.42
667280037 $838.10
667280041 $1,071.14
667280045 $945.90
APN Levy
667260067 $945.90
667260071 $838.10
667260075 $945.90
667270001 $824.42
667270005 $945.90
667270009 $838.10
667270013 $1,071.14
667270017 $1,071.14
667270021 $824.42
667270025 $945.90
667270029 $945.90
667270033 $945.90
667270037 $838.10
667270041 $838.10
667270045 $945.90
667270049 $945.90
667270053 $945.90
667270057 $1,071.14
667270061 $1,071.14
667270065 $1,071.14
667270069 $1,071.14
667270073 $945.90
667270077 $824.42
667280002 $1,071.14
667280006 $838.10
667280010 $838.10
667280014 $945.90
667280018 $945.90
667280022 $945.90
667280026 $824.42
667280030 $945.90
667280034 $1,071.14
667280038 $945.90
667280042 $824.42
667280046 $838.10
APN Levy
667260068 $838.10
667260072 $838.10
667260076 $838.10
667270002 $838.10
667270006 $1,071.14
667270010 $1,071.14
667270014 $824.42
667270018 $945.90
667270022 $945.90
667270026 $824.42
667270030 $1,071.14
667270034 $1,071.14
667270038 $945.90
667270042 $945.90
667270046 $1,071.14
667270050 $838.10
667270054 $1,071.14
667270058 $838.10
667270062 $838.10
667270066 $945.90
667270070 $838.10
667270074 $1,071.14
667270078 $838.10
667280003 $838.10
667280007 $945.90
667280011 $1,071.14
667280015 $1,071.14
667280019 $1,071.14
667280023 $1,071.14
667280027 $838.10
667280031 $1,071.14
667280035 $945.90
667280039 $1,071.14
667280043 $945.90
667280047 $1,071.14
Albert A. Webb Associates Page 2 of 3 Execution Time: 5/22/2024 3:13:29 PM Fiscal Year 2024-25 Assessment Roll
City of Desert Hot Springs 687201 - CFD 2006-1 IA 1
Item Number: 7.

Page 246 of 307 ends

Total 394 $365,298.28
APN Levy
667280048 $838.10
667280052 $1,071.14
667280056 $1,071.14
667280060 $945.90
667280064 $1,071.14
667280068 $1,071.14
667280072 $945.90
667280079 $1,071.14
667280083 $824.42
667280094 $838.10
667290003 $945.90
667290007 $945.90
667290011 $945.90
667290015 $1,185.78
667290019 $1,071.14
667290023 $824.42
667290027 $945.90
667290031 $945.90
667290035 $824.42
667290039 $1,071.14
667290043 $838.10
667290047 $838.10
667290051 $1,071.14
667290055 $945.90
667290059 $1,071.14
667290063 $824.42
667290067 $1,093.92
667290071 $1,071.14
667290075 $945.90
APN Levy
667280049 $945.90
667280053 $945.90
667280057 $838.10
667280061 $1,071.14
667280065 $945.90
667280069 $838.10
667280073 $1,071.14
667280080 $838.10
667280084 $1,071.14
667280095 $824.42
667290004 $945.90
667290008 $945.90
667290012 $945.90
667290016 $945.90
667290020 $838.10
667290024 $1,093.92
667290028 $945.90
667290032 $838.10
667290036 $1,071.14
667290040 $945.90
667290044 $1,071.14
667290048 $945.90
667290052 $1,093.92
667290056 $1,071.14
667290060 $945.90
667290064 $945.90
667290068 $824.42
667290072 $1,093.92
667290076 $1,071.14
APN Levy
667280050 $1,071.14
667280054 $1,071.14
667280058 $945.90
667280062 $945.90
667280066 $1,071.14
667280070 $1,071.14
667280074 $945.90
667280081 $1,071.14
667280085 $945.90
667290001 $945.90
667290005 $945.90
667290009 $945.90
667290013 $1,071.14
667290017 $945.90
667290021 $838.10
667290025 $1,185.78
667290029 $824.42
667290033 $945.90
667290037 $838.10
667290041 $1,071.14
667290045 $945.90
667290049 $1,071.14
667290053 $945.90
667290057 $945.90
667290061 $1,093.92
667290065 $945.90
667290069 $945.90
667290073 $1,185.78
APN Levy
667280051 $838.10
667280055 $945.90
667280059 $1,071.14
667280063 $1,071.14
667280067 $945.90
667280071 $838.10
667280075 $838.10
667280082 $945.90
667280093 $824.42
667290002 $945.90
667290006 $1,071.14
667290010 $824.42
667290014 $945.90
667290018 $945.90
667290022 $1,071.14
667290026 $1,071.14
667290030 $824.42
667290034 $1,071.14
667290038 $945.90
667290042 $945.90
667290046 $838.10
667290050 $945.90
667290054 $945.90
667290058 $1,185.78
667290062 $945.90
667290066 $1,071.14
667290070 $945.90
667290074 $945.90
Albert A. Webb Associates Page 3 of 3 Execution Time: 5/22/2024 3:13:29 PM Fiscal Year 2024-25 Assessment Roll
City of Desert Hot Springs 687201 - CFD 2006-1 IA 1
Item Number: 7.

Page 247 of 307 ends

Page 248 of 307 ends

SR-24-143
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 4, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Resolution Listing Projects to be Funded by Senate Bill 1 for Fiscal Year 2024-2025
RECOMMENDATION:

Adopt a Resolution of the City Council listing projects to be funded in Fiscal Year 2024-2025 by Senate Bill 1 (SB1)– Road Maintenance Rehabilitation Account (RMRA) Funds with an estimated amount of $700,000.

BACKGROUND:

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

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

Item Number: 8.

Page 249 of 307 ends

SR-24-143
Based on the latest State Department of Finance projections, the projected revenue for RMRA funds for Fiscal Year 2024-2025 for the City of Desert Hot Springs is $844,533. This projected revenue was obtained from the Local Streets and Roads – Project FY2024-25 Revenues. The estimates are subject to change based on actual taxes received.

DISCUSSION:

Staff has reviewed all eligible projects per the SB1 program requirements, including our proposed Capital Improvement Program (CIP) for Fiscal Year 2024-25, and our current Pavement Management Plan, and based on all of the criteria Staff is recommending incorporating the following projects to be funded in Fiscal Year 2024-2025 by Senate Bill 1 (SB1).

Project Amount
ATP Cycle 4 Hacienda Avenue Street
Improvements $ 500,000.00
Citywide Annual Slurry $ 100,000.00
Palm Drive Improvements – I-10 to Camino
Aventura $ 100,000.00
Total SB1 Funds FY 2024-25 $ 700,000.00
If approved an estimated total of $700,000 will be funded through SB1 – RMRA funds.

Fiscal Year 2024-25 SB1 Available funds:

Description Amount
Fund Balance (as of May 2024) $ 1,422,898.00
Projected SB1 Funds FY 2024-25 $ 844,533.00
Total Funds Available FY 2024-25 $ 2,267,432.00
Staff recommends that City Council adopt a Resolution listing projects to be funded in Fiscal Year 2024-2025 by Senate Bill 1 (SB1)– Road Maintenance Rehabilitation Account (RMRA) Funds with an estimated allocation amount of $700,000.

FISCAL IMPACT:

If approved, an estimated total of $700,000 will be funded through SB1-RMRA funds for the 2024- 2025 fiscal year.

ATTACHMENTS:
1) SB 1 Project List Resolution FY 2024-2025
Item Number: 8.

Page 250 of 307 ends

RESOLUTION NO._______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25

FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $855,533 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eight year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City construct missing sidewalks, bike lanes, and rehabilitate Hacienda Ave, safety improvements along Palm Drive, as Item Number: 8.

Page 251 of 307 ends

well as complete various other road rehabilitation projects throughout the City this year and many other similar Street Improvement Projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology in recycling materials, will have significant positive impact to the City’s road network and overall community City-wide and positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
a. Project Title: ATP Cycle 4 – Hacienda Avenue Street Improvements Project Description: Design and Construction of new sidewalks, ADA ramps, streetlights, bike lanes, grind and overlay of asphalt, striping markings and addition of buffered bike lanes.

Project Location: Hacienda Avenue between West Drive and Tamar Drive Estimated Project Schedule: Start (09/24)– Completion (12/25) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years for the repaired roadway b. Project Title: Citywide Annual Slurry
Project Description: Slurry of roadways in need of repair (as-needed) Project Location: City-wide based upon Pavement Management Plan Estimated Project Schedule: Start (07/23)– Completion (06/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5-10 years
Item Number: 8.

Page 252 of 307 ends

c. Project Title: Palm Drive Improvements – Camino Aventura to I-10 Project Description: Design and Construction of new sidewalks, ADA ramps, streetlights, bike lanes, grind and overlay of asphalt, and striping markings.

Project Location: Palm Drive I-10 Camino Aventura
Estimated Project Schedule: Start (12/24)– Completion (6/25) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years
Item Number: 8.

Page 253 of 307 ends

* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Desert Hot Springs held on the 4th day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

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

Tuan-Anh Vu, City Attorney
Item Number: 8.

Page 254 of 307 ends

SR-24-142
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 4, 2024
Department: City Manager
Prepared by: Frank Luckino, City Manager
Subject: Approval of Side Letter Agreement to the Memorandum of Understanding (MOU) with the Desert Hot Springs Police Officers' Association (DHSPOA) RECOMMENDATION:
1) Approve the Side Letter Agreement to the MOU between the City of Desert Hot Springs and the DHPOA; and
2) Authorize the City Manager to execute the Side Letter Agreement on behalf of the City.

BACKGROUND:

The current Memorandum of Understanding (MOU) between the City of Desert Hot Springs and the DHSPOA is effective from July 1, 2023, through June 30, 2026. The City and the DHSPOA have negotiated a Side Letter Agreement to modify certain terms of the MOU. During the Closed Session, the City Council provided direction to proceed with the proposed modifications to the DHSPOA MOU.

DISCUSSION:

The proposed Side Letter Agreement includes the following key modifications:
1) Term Extension:
 The term of the MOU is extended by one year until June 30, 2027. 2) Salary Increases:
 Effective July 1, 2024: A 2.5% salary increase for both Police Officers and Police Sergeants.  Effective July 1, 2025: A 6% salary increase for both Police Officers and Police Sergeants.  Effective July 1, 2026: A 5.5% salary increase for both Police Officers and Police Sergeants. 3) Health and Wellness Leave:
 Each member will receive 24 "wellness hours" of paid time off during the 2024/2025 fiscal year. This time off must be pre-approved by the member's supervisor, cannot be cashed out, and does not roll over if not used within the fiscal year.

These changes are documented in Exhibit 1.

Item Number: 9.

Page 255 of 307 ends

SR-24-142
Also of note, the DHSEU also had a side letter, however there was NOT any extension. Only a COLA which was discussed and approved at the budget approval on May 21, 2024.

FISCAL IMPACT:

The financial implications of the salary increases and wellness leave provision have been reviewed and accounted for in the City’s budget. The incremental costs associated with the salary increases and wellness leave are sustainable within the current and projected budget allocations.

OPTIONAL:

Change/Modify or deny the changes.

ATTACHMENTS:
1) Side Letter Agreement DHSPOA
Item Number: 9.

Page 256 of 307 ends

11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org

CITY OF DESERT HOT SPRINGS

SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING DATED JULY 1, 2023 THROUGH JUNE 30,
2026 BETWEEN THE CITY OF DESERT HOT SPRINGS AND THE
DESERT HOT SPRINGS POLICE OFFICERS’ ASSOCIATION
The City of Desert Hot Springs (“DHS” or “City”) and the Desert Hot Springs Police Officers’ Association (“DHSPOA”) agree to modify the Memorandum of Understanding currently in effect from July 1, 2023 through June 30, 2026 (“MOU”).

This Side Letter shall not take effect until it is ratified by the DHSPOA and the City Council acts, by a majority vote, to formally approve and adopt said Side Letter.

This Side Letter modifies the MOU as follows:

Term:

The term of the MOU is extended by one year until June 30, 2027.

Article II, Section 1 is modified to change/add:

1.2 2.5% salary increase for both Police Officers and Police Sergeants effective the first pay period following July 1st, 2024.

1.3 6% salary increase for both Police Officers and Police Sergeants effective the first pay period following July 1st, 2025.

1.3.1(new) 5.5% salary increase for both Police Officers and Police Sergeants effective the first pay period following July 1st, 2026.

These changes are reflected in Appendix A to this Side Letter.

Article V is modified to add:

Section 12: Health and Wellness Leave: Each member will receive 24 “wellness hours” of paid time off. Each member must take the time off during the 2024/2025 fiscal year. The time off must be approved in advance by the member’s supervisor. The wellness hours cannot be cashed out and do not roll over to the following fiscal year if not used.

This Side Letter and its Appendix revises and supersedes all inconsistent language related to the above changes and has no effect on the remaining terms of the MOU.

Item Number: 9.

Page 257 of 307 ends

Approved:
_________________________________ _______________________ Frank J. Luckino, City Manager Date
City of Desert Hot Springs
__________________________________ ________________________ Christopher Saucier, President Date
DHSPOA
Frank J. Luckino (May 22, 2024 10:22 PDT)
Frank J. Luckino May 2_2024
Christopher Saucier (May 22, 2024 11:53 PDT)
05/22/2024
Item Number: 9.

Page 258 of 307 ends

POA DHS
Final Audit Report 2024-05-22
Created: 2024-05-22
By: City Manager ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA5hHwLbpCORog9gJzNYJ5rXqg4MTWGw-w "POA DHS" History
Document created by City Manager ([email protected]) 2024-05-22 - 5:21:09 PM GMT
Document emailed to Christopher Saucier ([email protected]) for signature 2024-05-22 - 5:21:12 PM GMT
Document emailed to Frank J. Luckino ([email protected]) for signature 2024-05-22 - 5:21:13 PM GMT
Email viewed by Frank J. Luckino ([email protected]) 2024-05-22 - 5:22:14 PM GMT
Document e-signed by Frank J. Luckino ([email protected]) Signature Date: 2024-05-22 - 5:22:39 PM GMT - Time Source: server Email viewed by Christopher Saucier ([email protected]) 2024-05-22 - 6:51:09 PM GMT
Document e-signed by Christopher Saucier ([email protected]) Signature Date: 2024-05-22 - 6:53:46 PM GMT - Time Source: server Agreement completed.
2024-05-22 - 6:53:46 PM GMT
Item Number: 9.

Page 259 of 307 ends

Page 260 of 307 ends

SR-24-135
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 4, 2024
Department: Police Department
Prepared by: Steven Shaw, Deputy Police Chief
Subject: Tow Franchise Services
RECOMMENDATION:

Authorize the City Manager to execute a Towing Franchise Service Agreement with Aarco Towing to exclusively provide towing service per the Towing Franchise Agreement with substantive edits to be negotiated and approved by the City Manager and upon approval as to form by the City Attorney.

These services will be provided within the city limits for the Police Department, as well as other City Departments on a as needed basis.

BACKGROUND:

The current Towing Franchise Services Agreement is set to expire and the police department is in need for a new Towing Franchise Services Agreement.

DISCUSSION:

As part of its duty, the police department tows vehicles. These vehicles may be abandon vehicles, abated vehicles, disabled vehicles left in the roadway, and vehicles involved in traffic collision, just to give a few examples. As a result of this duty the police department has the need for twenty-four-hour tow services. The Tow Franchise Agreement guarantees these services and ensures an expedited response time when services are requested.

The police department advertised the Request for Proposals (RFP) for Towing Franchise Services on the City website. One bid was submitted by Aarco Towing. A review of the bid submitted by Aarco Towing showed the bid to be complete and proper. If approved, a Towing Franchise Service Agreement will be signed by all parties. The Agreement will be for a total period of one (1) year commencing on the effective date, with annual renewal options of up to four (4) additional one-year terms.

FISCAL IMPACT:

There is no negative impact to the City General Fund for this service. Aarco Towing agrees to pay the Franchise Fee in the amount of Thirty-Five Thousand Dollars ($35,000.00) annually for each year of the agreement.

ATTACHMENTS:
1) Aarco Towing Proposal
Item Number: 10.

Page 261 of 307 ends

SR-24-135
Item Number: 10.

Page 262 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT
PROPOSER’S BACKGROUND INFORMATION
Proposer's lnforrnation
Proposer’s Contact Name: Sect[3 L246Z
Contact Title: COO 262i
MailingAddress: ’9,3:50 L/ {2[f 4220 OMgQ [69/
7L2}! D176 64
Location of Business
(ifdifferent from mailing address):

Ifpartnership, name and address of
each partner:

Ifcorporation, name and address of
directors, main of?ces, major
stockholders and associates, and names
and addresses of parent and G / subsidiary companies: I Telephone Number: ML.—
Pager Number: b..—
24 Hour Tel. Number: 2Q2'32‘2"Z3 Z5
Fax Number: 2(32’5L52“ IGI0 2
E-MailAddress: WM I
43 Item Number: 10.

Page 263 of 307 ends

Remittance Address:
(if different from mailing address):

Number of Years in Business: 9l 2
Applicable State of California License #(s): Cd * {2373”61.5 Expiration Date(s): 1/‘50- ZOLH
Proposer's Dunn and Bradstreet
‘DUNNS:NUMBER:

List of Vehicles to be Used: See
Plate Number(s): ‘
‘
i \
List of Personnel Performing Services:

California Driver’s License Number(s):

License Class:

Item Number: 10.

Page 264 of 307 ends

Aarco Towing Inc.

BriefBio
Aarco Towing has been serving the Desert Hot
springs area for over 45 years. Established in 1979.

Been located at 14350 LittleMorongo Rd ever since.

Family owned and operated with a ?eet of 8 trucks
and 11 fulltime employees. Aarco Towing offers
quick response, 24-hour towing and road service.

Courteous and professional staff who help you with
your roadside emergency needs.

We tow for AAA,USPS, CHP and R80.

Owned by Gordon and GailCody.

Managed by Sean Roby.

Item Number: 10.

Page 265 of 307 ends

Tow Truck List 2024

AARCO TOWING
Year Make Model License Plate # Class
. 2020 DODGE 4X4 WRECKER AARCOI A
. 2024 INTER 4300 FLATBED AARC02 A
. 2019 INTER 4300 FLATBED AARCO3 A
. 2019 HINO 258 FLATBED AARCO4 A
. 2022 INTER 4300 FLATBED AARCOS A
. 2023 INTER 4300 FLATBED AARCO6 A
Item Number: 10.

Page 266 of 307 ends

Tow Drivers List 2024

AARCO TOWING
Last name First name Driver’s license # Class

1. DAVID FLORES

2. BROWNJR RONALD

3. DORADO DAVID

4. ROBY NOAH

5. MUJICA JOSE

6. ROBY SEAN

7. VALENCIA RICARDO

8. IUAREZ DOMINICK
Item Number: 10.

Page 267 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT
PROPOSER’S SIGNATURE DECLARATION
The undersigned hereby offers and agrees to furnish the services in compliance with all the service level requirements, instructions, speci?cations, and any addendum contained in this RFP document and any written exceptions in the offer accepted by the City.

This Proposal is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not herein named; the Proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or any other person, ?rm or corporation to refrain from submitting a proposal; and the proposer has not in any manner sought by collusion to secure for themselves an advantage over any other proposer.

Each proposal must be signed on behalf of the Proposer by an of?cer authorized to bind the Proposer to the proposal. I declare under penalty of perjury under the laws of the State of Californiathat the foregoing is true and correct and I agree to the terms and conditions of the RFP. 4 £5?g? TOW/g
ompany Name Signature of Authorized Person
gammy Sew?oéz ._ Printed Name
DHS 6/} igzga C00
City State Zip Code Title
City of Desert Hot Springs License Number Date
The Proposer hereby acknowledges receipt of and agrees this submittal is based on the RFP and the following addenda. Failure to indicate receipt of addenda may result inthe proposer being rejected as non-responsive.

ADDENDUM# & DATED ‘IiE-Z ADDENDUM# C DATED ”-23-th
ADDENDUM# B DATEDLI'li"Zfi ADDENDUM# DATED
(Ifadditional addenda are issued, attach a complete listing of these addenda when submitting this proposal.)
No Proposal
In order to help us improve our internal processes and become a better customer, ifyou are not submitting a Proposal, please state the reason(s) why and return this page to the Police Department Support Services Commander.
46 Item Number: 10.

Page 268 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT
STATEMENT OF PROPOSER’S QUALIFICATIONS
STATE OFCALIFOENIA, COUNTY OF IQV‘O!51d6
I am the COO of the Proposer herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe itto be true.

Excecuted on I’I“Z3 ”LEI at b H13 , California
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.

Signature 0 Proposer
Cog 46M
Title
Signature of Proposer
Title
47 Item Number: 10.

Page 269 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT
WORKERS’ COMPENSATION INSURANCECERTIFICATION
The Contractor shall execute the followingform:

I am aware of the provisions of Section 3700 of the Labor Code whichrequires every employer to be insured against liabilityfor workmen's compensation or to undertake self-insurance in accordance withthe provisions of that code, and I willcomply with such provisions before commencing the performance of the work of this Contract. 4 diar/
(Contractor)
By EM— (SI ature)
(00'; 6M
(Title)
A'lTEST:

By
(Signature)
(Title)
48 Item Number: 10.

Page 270 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT

MINIMUMWAGE STATEMENT
This contract will be awarded as a cost-savings contract under the provisions of Government Code Section 19130(a). In accordance with those provisions, the salary rate to be paid to individuals performing the requested services as described under this contract should be an amount calculated NOT to “signi?cantly undercut” the State pay rate and shall not be less than the industry rate for Riverside County. Inthe event that this salary rate does significantly undercut the State pay rate or the industry rate for Riverside County, THE PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE.

A Proposer on this contract must complete the “MinimumWage Statement” below and return this sheet with his/her proposal.

MINIMUMWAGE STATEMENT
I hereby certify that the minimum wage to be paid to all individuals performiry the requested services as described under this contract willnot less than $ (é: 9—— per hour.

Signa ure of Authorized Representative
66am?—oéz
Printed Name (ca/6m
Title
4%wga TOW/$31 Company Name
I OLl/eod
Address
M5 Ci ?LMQ
City, State, Zip Code
2-25,; 375
Date Signed
49 Item Number: 10.

Page 271 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT

STATEMENT OF REFERENCES
List and fullydescribe contracts performed by your ?rmwhich demonstrate your ability to complete the work included withinthe scope ofthe speci?cations. Attach addtional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your ?rm's quali?cations.

Reference No. 1
Customer Name: C-Hp
Contact Individual: Hazing) Esgrngzs
Phone No: 5 ~ - Address: 2?22%gagiei E Ind/g 6/! 522.03 Contract Amount:

Year: 200/- ?m?m 2
Description of work done Tow/59.Im?mdg , )lfv‘e 41323g: g 95.: kljuggx Reference No. 2
Customer Name: a50
Contact Individual: \Ta A
Phone No: S! *6 0~ 3'
Address: 05 6 / 1‘5 Dr. / D e 4
Contract Amount:

Year: M /- £333,213t7; Description of work done27' Ch De y Reference No. 3
Customer Name: I
Contact Individual: [Eggy-?g 1a 5
Phone No: 707‘
Address: E / a
Contract Amount:

Year' l? Z? “ pricier/'1" Description of work done—22%
50 Item Number: 10.

Page 272 of 307 ends

Reference No. 4
Customer Name. 5/4 {260C,In
Contact Individual: 652; 223.i 2:2
Phone No: — —0
Address: léESOEl;5! 52/ [J00 £3 )mS Cf 4'22 Zé
Contract Amount:

Year: leI ~Pr¢56n?
Description of work done: ZQW Egugemmt and haul@{oxde8111,51, Reference No. 5
Customer Name: US
Contact Individual: 206+23.3232 ZZEE
Contract Amount:

Year: LQQ3~ Erag-at
Description of work done: Tow & 1 ”gas:
51 Item Number: 10.

Page 273 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT
STATEMENT OF PROPOSER’S PAST CONTRACT

DISQUALIFICATIONS
The Proposer shall state whether such Proposer, any of?cer or employee of such Proposer who has a proprietary interest in such Proposer has ever been disquali?ed, removed, or otherwise prevented from proposing on, or completing a Federal, State or Local Government Project because of a violation of law or a safety regulation; and ifso, explain the circumstances.

Ifthe Proposer has had a contract terminated for default, all such incidents must be described.

Termination for default is de?ned as notice to stop performance due to the Proposer’s nonperformance or poor performance and the issue was either not litigated or litigated and such litigation determined the Proposer to be in default. Submit full details of all termination(s) for default experienced by the Proposer including the other party’s name, address and telephone number. Present the Proposer's position on the matter. The City willevaluate the facts and may, at its sole discretion, reject the Proposer’s proposal if the facts discovered indicates the completion of a contract resulting from the RFP may be jeopardized by selection of the Proposer.

Ifno such termination for default has been experienced by the Proposer in the past ?ve years, so indicate.

1. Do you have any disquali?cation, removal, etc., as described in the above paragraph to declare?
Yes :1 No y,

2. Ifyes, explain the circumstances. Attach additional pages if necessary.

Executed on Q?gs-L [i at DES , California.
l declare, er p alty of erjury, that the foregoing is true and correct.

Signature of Authonzed Representative
Sea 6
Printed Name
T'tl
600 gm
7;...

Company Name
El-Z3—Z';Z
Date Signed
52 Item Number: 10.

Page 274 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT
PROPOSER’S STATEMENT OF SUBCONSULTANTS
Without exception, the Proposer is required to state the n e and address of each subconsultant and the portion of the work which each willperform. N A Without limiting the generality of the foregoing, any consultant making a Proposal or offer to perform the work shall set forth in the Proposal:
(a) The name and the location of the place of business of each subconsultant who willperform work: and
(b) The portion of the work which willbe done by each subconsultant.

The prime consultant shall list only one subconsultant for each portion.

The undersigned submits herewith a list of subconsultants in conformance with the foregoing:

Name Under Which Speci?c Description of
Subconsultant is License Subcontract and Portion
of
Licensed No. & Class Business Address the Work to be Done Signature(s) of Proposer Date Signature(s) of Proposer Date Title Title
53 Item Number: 10.

Page 275 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT

CERTIFICATION OF NON-DISCRIMINATIONBY CONTRACTORS
As suppliers of goods or services to the City of Desert Hot Springs, the ?rm listed certi?es that it does not discriminate in its employment with regard age, handicap, race, color, religion, sex, or national origin; that itis in compliance with all federal, state, local directives, and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment.

We agree speci?cally:

1. To establish or observe employment policies which af?rmatively promote opportunities for minority persons at all job levels.

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

3. To take af?rmative steps to hire minority employees withinthe company.

Signature of Authorized Representative
WM—
Title
(00 46M
4 E5120; 0wr%¢ CompanyName
M350 4422;: @290 [24/
Address
Dis 6/61 3 “pde
City, State, Zip Code
?ag-'22
Date Signed
Please include any additional information available regarding equal opportunity employment programs now in effect withinyour company.

Item Number: 10.

Page 276 of 307 ends

CITYOF DESERT HOT SPRINGS POLICE DEPARTMENT

NON-COLLUSIONAFFIDAVIT
State of California
County of Eivg??de )ss.
?dé being ?rst duly sworn, deposes and says that he or she is of a the party making the foregoing
proposal that such proposal is not made in the in erest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or any one else to put in sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communicationor conference with anyone to ?x the proposal price of said proposer or of any other proposer, or to ?x any overhead, pro?t, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that said proposer has not directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and willnot pay any fee to any corporation, partnership, company association, organization, proposal depository or to any member or agent thereof, to effectuate a collusive or sham proposal.” 141-25 ~Z? 0&5
(Date) (Signed at (Place)
WProposer Name M. Authorized Representativ
(Person, Firm, Corp.)
mag/amid
Addres
M
Representative s Name
D1760% 9LL30 (0&1 6%
City, State. Zip Representatives’ Title
55 Item Number: 10.

Page 277 of 307 ends

818/23.12:12PM ~ ‘ aboutblank

BUSINESSLICENSE CITYOF DESERT HOT SPRINGS
TAXCOLLECTOR’SOFFICE.CityOIDOSSNHOISpI?IgamepeImIimucupus?onnamdbebmmmosem?mmmdumslswawasm shown.havingmlsdaypawmthe‘lhxCo?edor?wsumSped?adJshmby?canSOdtoengagehmbusInesapmfes?onorocwpa?onnamedJn?wC?onDesat?-Iot swarmsmumonmedatumwmmmmmmmbmmmdmmwmmmmmm?m
Immwmmmmwmmmwdwmm.mummmnmmcnydnmmsmmmmm.mmm
mmsmaygmmmmnmmmammmwmmmmmwomdemcwmmw
mumm.-mymumhmcwdomn?msmmnm.mm.mummmmmmbm mmmmmbwmammmmwmmmdcammmmammdmm.

BUSINESSNAME: AARCOTOWINGINC DESCRIPTION: TOWING
BUSINESS LOCATION: 14350 LITTLEMORONGORD. CLASSIFICATION: ééggcgggausmess (Based °" # °f BUSINESSOWNER: GAILCODY BUSINESS TYPE: TOWINGSERVICE
OWNERNAME: GAILCODY BUSINESS LIcENSE NUMBER: BUSL-20-1048 MAILINGADDRESS: [1350”Tn-E MORONGO EFFECTIVEDATE: August a.2023 DESERT HOTSPRINGS.

CA92240 EXPIRATIONDATE: September 21.2024
aboutblank
' -
‘ 1/1 Item Number: 10.

Page 278 of 307 ends

CALIFORNIASTATETRANSPORTATIONAGENCY

DEPARTMENTOF MOTORVEHICLES
Registration Operations DivisionMS H875
PO. BOX932370 Sacramento.CA. 94232-3700
(916) 657-8153
10/17/2023

AARCO TOWING INC
14350LITTLEMORONGO ROAD
DESERT HOT SPRMGS, CA 92240
?i MOTOR CARRIER PERMIT
A Public ServiceAgency
DEPAREMENT OF MOTOR VEHICLES W“, 12/01/2023 “id 11/30/2024 Re . . 7
. . . . . From. Throu-h: gistration Operanons DlVlSlOIl P'O-‘BOX,.9,3237O Sacramento,CA. 94232-3700 m 0393495 . 17:1: The carrier named on this permit,havingmade written applicationto the DepartmentofMotorVehiclesforalpermit to operate as a motor carrier of propertyaside?ned in vehiclei'code section 34601, andhaving AARCO TOWING INC met the requirements andpaidthe appropriate fees,is granteda permit 14350 LITTLE MORONGO ROAD of the folloWingclassi?cationr DESERT HOT SPRINGS, CA 92240 ~ 7}:

For Hire
Pmt Date: 10/13/2023 Of?ce #; 154 p
' FullYear
- —Aecount#;...u.590200__~__.._. =. a
-
I Seuence #: 0122 Amt Paid: $727.00
iilIMPORTANT REMINDERS!!!

1. Your permit will expire at midnight on the 'Valid Through' date. If you do not receive a renewal notice 30 days prior to the expirationdate, please submitan original applicationand check the "Renewal" box.

Your insurance must remain valid through the term of your permitor a suspensionaction could occur. Changes to your ?eet are not requiredto be reporteduntil your renewal. ‘ Changes to your business entity may require a new CA# and applicationfor another Motor CarrierPermit.

If you decide to no longer operate as a motor carrierof property, you must submita 'Voluntary Withdrawal' form.

For changesto the address,businessname, officers, or authorizedrepresentative'sname, pleasecompletethe rNoticeof Change'form. Changesduring your renewal periodmay be submitted on your renewalapplication.

You may downloadformsfromthe Internet at www.dmv.ca.gov or receive furtherinformationby calling:(916) 657-8153.

CaliforniaRelay Telephone Service forthe Deaf or Hard of Hearing from TDD Phones: 1-800—735-2929;from Voice Phones: 1-800-735—2922
MC2100 M(REV. 01/2011) A Public Service Agency
Item Number: 10.

Page 279 of 307 ends

A _ OPID: NS

AEBRD CERTIFICATE OF LIABILITYINSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTEROF INFORMATIONONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE HOLDER.THIS

CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTENDOR ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW. THIS CERTIFICATEOF INSURANCEDOES NOT CONSTITUTEA CONTRACTBETWEENTHE ISSUINGINSURER(S). AUTHORIZED REPRESENTATIVEOR PRODUCER,ANDTHECERTIFICATEHOLDER. '
IMPORTANT: Ifthe certi?cate holder is an ADDITIONALINSURED,the policy(Ies) must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certi?cate does not confer rights to the certificate holder In lieu of such endorsement s .

PRODUCER
R.A. Storelee Insurance Agency Rob Storelee
321 First Street Suite 201
Benicia, CA 94510
Robert A. Storelee
323%?”Nick Storelee
P.”°NE ‘ .707-745-3321
ADDREss; [email protected]
" 3". . AARCO-1
INSURERS AFFORDINGCOVERAGE NAlC#
: 707-745-3709
ID .. Aarco Towing, lnC. -AmGuard Insurance Co
Desert 1435°”we""°'°"I'°"“'-_— Hot Springs, CA 92240 INSURER 3- __ COVERAGES CERTIFICATENUMBER: REVISIONNUMBER:

THIS IS TO CERTIFYTHATTHE POLICIESOF INSURANCELISTEDBELOWHAVE BEEN ISSUED TO THE INSUREDNAMEDABOVE FOR THE POLICYPERIOD INDICATED. NO'IWITHSTANDINGANYREQUIREMENT,TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENTWITHRESPECT TO WHICHTHIS CERTIFICATE MAYBE ISSUED OR MAYPERTAIN.THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHETERMS.

EXCLUSIONSANDCONDITIONSOF SUCH POLICIES. LIMITSSHOWN MAY HAVEBEENREDUCEDBYPAID CLAIMS.

INSR " ' ' '~ ' = ' POLICYEFF P TYPEOPINSURANOE M-; .I- POLICYNUMBER 535%" GENERALLIABILITY EACHOCCURRENCE 1,000,00I
I 4". o
' :V ':I'| PREMISES Ea occurrence 100.00" MEDEXP(Anyone person)

PERSONAL&ADVINJURY

GENERALAGGREGATE

PRODUCTS- COMP/OPAGG

COMBINEDSINGLELIMIT
Ea accid t K26P529770 04/260024 04IZGI2025 ‘ °"’ BODILYINJURY(Per person) BODILYINJURY(Per accident) PROPERTY DAMAGE
(PER ACCIDENT)
UMBRELLA“AB - OCCUR EACHOCCURRENCE
EXCESSLIAB I CLAIMSMADE AGGREGATE - DEDUCTIBLE - RETENTION s WORKERSCOMPENSATION I ._ _ E.L.EACHACCIDENT
Ii es.describe under
' - D SCRIPTIONOF OPERATIONSbelow E.L.DISEASE- POLICYLIMIT GARAGEKEEPRS KZGP529770 04l26l2024 04126I2025 500 Bed 250,000 ON HOOKICARGO KZGP529770 04I26I2024 04I26l2025 1,000 Bed 150,000 DESCRIPTIONOF OPERATIONSl LOCATIoNs I VEHICLES(Attach ACORD 101.Additional Remarks Schedule.ifmore space Is required) A n COMMERCIALGENERALLIABILITY 04/26/2024 0412612025
.— CLAIMS-MADEI2] OCCUR
04I26I2024 04/26/2025 5 1,000,00'-
$ 2,000.00 I s 2,000,00 "
s 1,000,00 I

I ALLOWNEDAUTOS
n SCHEDULEDAUTOS n HIREDAUTOS
n NON-OWNEDAUTOS

ANDEMPLOYERS'LIABILITY YI N

ANYPROPRIETORIPARTNERIBECUTIVE

OFFICER/MEMBER
(Mandatory In NH)
EXCLUDED? D

CERTIFICATEHOLDER CANCELLATION
DESERT

SHOULD ANYOF THEABOVEDESCRIBEDPOLICIESBE CANCELLEDBEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITHTHEPOLICYPROVISIONS.

ACORD 25 (2009I09) The ACORD name and logo are registered marks of ACORD Item Number: 10.

Page 280 of 307 ends

SR-24-139
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 4, 2024
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance Amending Mobile Food Facility, Street Vendor, and Peddler Regulations.

RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, amending Title 5 "Business License and Regulations" of Chapter 5.28 "Sidewalk Vendors and Peddlers" and Chapter 5.52 "Mobile Food Facilities" of the Desert Hot Springs Municipal Code."
BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on May 21, 2024.

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

FISCAL IMPACT:

None.

ATTACHMENTS:
1) Draft Food Vendors Ordinance
Item Number: 11.

Page 281 of 307 ends

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, AMENDING TITLE 5 BUSINESS LICENSE AND
REGULATIONS OF CHAPTER 5.28 SIDEWALK VENDORS AND
PEDDLERS AND CHAPTER 5.52 MOBILE FOOD VENDING VEHICLES
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, in 2022 the California Legislature passed SB 972 which modernizes the California Retail Food Code by reducing the barriers to obtain a local health permit, which will support food vendors, opening up economic opportunities for low-income entrepreneurs and improving food safety and public health for consumers; and WHEREAS, Chapter 5.28 “Sidewalk Vendors,” of the Desert Hot Springs Municipal Code (“DHSMC”) currently regulates sidewalk vendors; and WHEREAS, Chapter 5.52 “Mobile Food Vending Vehicles,” of the Desert Hot Springs Municipal Code (“DHSMC”) currently regulates mobile food vending vehicles; and
WHEREAS, the City Council seeks to amend regulations to align with SB 972; and
WHEREAS, the City Council seeks to amend regulations to align with Riverside County Environmental Health; and
WHEREAS, the City Council seeks to create more opportunities for food vendors to operate within the City; and
WHEREAS, mobile food vendors provide a greater diversity of dining options within the City and encourage tourism and commercial activity; and WHEREAS, the City Council seeks to define further food vendor types in accordance with State law; and
WHEREAS, the City Council seeks to amend the current regulatory framework for food vendors in the City of Desert Hot Springs to protect the health and safety of the public; 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 adoption of this Ordinance in question may have a significant effect on the environment.

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

Section 1. RECITALS.

Item Number: 11.

Page 282 of 307 ends

The Recitals are hereby incorporated by this reference.

Section 2. AMENDMENT OF CHAPTER 5.52 (MOBILE FOOD VENDING VEHICLES) OF TITLE 5 (BUSINESS LICENSES AND

REGULATIONS) OF THE DESERT HOT SPRINGS MUNICIPAL
CODE
CHAPTER 5.52

MOBILE FOOD FACILITIES VENDING VEHICLES
§ 5.52.010. Definitions.

For the purposes of this chapter, the definitions in this section are adopted and made a part thereof:
“Commissary” means a food facility or other approved location that services Mobile Food Facilities, Mobile Support Units, or vending machines where any of the following occur:
1) Food, containers, or supplies are stored.
2) Food is prepared or prepackaged for sale or service at other locations. 3) Utensils are cleaned or stored.
4) Liquid and solid wastes are disposed, or potable water is obtained. “Community Event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of civic, political, public or educational in nature, including state and county fairs, city festivals, circuses and other public gatherings events approved by the local enforcement agency. “Food” or “food products” means any type of edible victuals or beverage. “Merchandise” means goods and wares containing a trademark associated with a person or entity operating a mobile food facility vending vehicle. “Mobile food facility vending vehicle” means any Category 3, 4, or 5 mobile food facility as defined by Riverside County Ordinance 580.8, as may be amended, that is equipped or primarily used for the preparation and retail sale of food on any public street, alley, parking lot, or highway within the City. The inventory of these vehicles need not be necessarily limited to produce, food, or confections. selfpropelled or motorized device or vehicle by which any person or property may be propelled or moved upon a highway, or which may be drawn or towed by a selfpropelled or motorized vehicle, from which food, food products, merchandise or prepackaged food are prepared, cooked, sold, offered for sale, displayed, bartered, exchanged or otherwise given by a vendor.
“Mobile Support Unit” means a vehicle or conveyance used in conjunction with a commissary or other permanent food facility that travels to, and services, Mobile Item Number: 11.

Page 283 of 307 ends

Food Facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes. “Prepackaged food” means any properly labeled and processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, and prepared at an approved source.
“Special event” means an event or activity that is held or conducted pursuant to a special event permit approved by the City per the City’s Special Event Application Review Process as adopted by resolution of the City Council or a temporary use permit approved pursuant to Chapter 17.136 Temporary Use Permits.
“Temporary Food Facility” means an approved food facility that may be readily disassembled for storage or for transporting, and readily assembled to its original integrity at a different location, is easily movable, and operates at a fixed location for the duration of an approved community event or special event and only as a part of that community event or special event.
“Vend” or “vending” means to sell, offer for sale, display, barter, exchange, or otherwise give food, food products, merchandise, or prepackaged food from a mobile food facility vending vehicle.
“Food Vendor” means a person or entity who: vends, including an employee or agent of a vendor.

1. Conduct or permits or causes the operation of mobile food facility.

2. Owns, operators, controls, manages, or leases, mobile food facility; or

3. Contracts with persons to drive and vend from mobile food facility. § 5.52.020. Mobile food facility vending vehicle permit.

A. No mobile food facility vending vehicle or vendor or may vend in the City without first obtaining and having in his or her possession an annual mobile food facility vending vehicle permit issued by the City in accordance with this chapter.

B. To obtain a mobile food facility vending vehicle permit, a food vendor must complete a permit application on the form approved by the City and file it with the City. The application form shall require the following information:

1. Applicant’s full name and address.

2. Proof of applicant’s identity. A copy of the valid California Driver's license issued to the vendor, a copy of the individual taxpayer identification number issued to the vendor or a municipal identification number. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

Item Number: 11.

Page 284 of 307 ends

3. Proof of insurance coverage satisfactory to City.

4. A brief description of the type of food products and any merchandise to be sold. This shall include the nature, character and quality of the product.

5. The location and/or streets where the applicant plans to vend.

6. If applicant is employed by another to vend, the name and business address of the employer.

7. A description of the mobile food facility vending vehicle, including logo and color scheme, its registration number, and its license number.

8. A copy of a current Riverside County Department of Environmental Health Permit.

9. A copy of the applicant’s City business license.

10. A certification that the vendor will comply with all local, State and Federal laws regarding food product vending, including all applicable sales tax requirements and this chapter.

11. Any other information deemed appropriate by the City

12. A photograph of the mobile food facility and if applicable any mobile support units used in operation.

13. Riverside County Environmental Health permitted commissaryapproved facility information.

14. Commissary agreement letter.

15. A certification that the vendor will comply with all local, State and Federal laws regarding food product vending, including all applicable sales tax requirements and this chapter.

16. Any other information deemed appropriate by the City.

C. No application for a new or renewed mobile food facility vending vehicle permit shall be accepted unless the application is accompanied by a fee in an amount set by a City Council resolution.

D. Upon receipt of a written application for a mobile food facility vending vehicle permit, the Community Development Director shall conduct an investigation as he or she deems appropriate to determine whether a mobile food facility vending vehicle permit should be approved. A permit shall be approved, conditionally approved, or denied within 30 calendar days of the filing of an application. The mobile food facility vending vehicle permit shall be denied if one or more of the following findings is made:

1. The applicant has made a false, misleading or fraudulent statement of fact, or made a material omission of fact, to the City in the application Item Number: 11.

Page 285 of 307 ends

process.

2. The application does not contain the information required by this chapter.

3. The applicant has not satisfied the requirements of this chapter.

4. The applicant has violated any provisions of this Code within the past year. This finding may be excused at the discretion of the Community Development Director if, after an investigation into the facts and circumstances of the prior violations, the Community Development Director determines that issuance of a mobile food facility vending vehicle permit would not compromise public safety.

E. The City may condition the approval of any mobile food facility vending vehicle permit to ensure compliance with this chapter and other applicable laws.

F. Any mobile food facility vending vehicle permit shall be valid for the term of one year. Upon the expiration of the mobile food facility vending vehicle permit, an application for renewal shall be filed in a like manner as an application for an original mobile food facility vending vehicle permit, and such renewal permit shall be approved or conditionally approved only when the requirements for the issuance are met.

G. Any mobile food facility vending vehicle permit may be suspended or revoked by the Community Development Director or designee for failure to comply with the terms of this chapter, or permit conditions. Such suspension or revocation shall be made with written notice to the permit holder, stating the grounds for the revocation and the procedures for appealing the same.

The permit holder may appeal this decision by filing a written request for appeal with the City Clerk within 15 days of the date of the notice. Any revocation or suspension shall be stayed during the pendency of the appeal unless the immediate public health or safety requires otherwise. Failure to timely file a written request for an appeal hearing constitutes a waiver of the right to an appeal hearing. Selection of a hearing officer and the hearing shall be conducted pursuant to Sections 4.36.060 through 4.36.230 of the Desert Hot Springs Municipal Code, or successor sections. The decision of the hearing officer shall be final.

H. A mobile food facility vending vehicle permit shall not be assignable or transferable.
§ 5.52.030. General regulations.

A. General Regulations Pertaining to All Mobile Food Facilities Vending Vehicles. All mobile food facilities vendor vehicles must comply with all of the following:

1. The vendor has a valid mobile food facility vending vehicle permit and business license from the City, including insurance as defined in Item Number: 11.

Page 286 of 307 ends

subsection (A)(9).

2. All food, food products, merchandise, and prepackaged foods that are prepared, stored, cooked, or displayed must be fully enclosed and contained within the mobile food facility vending vehicle. No open-air preparation of food or food products is permitted.

3. The mobile food facility vending vehicle is in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked.

4. The mobile food facility vending vehicle shall remain parked and immobile while vending.

5. The food vendor shall not encroach onto a public sidewalk with any part of its mobile food facility vending vehicle or any other equipment or furniture related to the operation of its business.

6. The mobile food facility vending vehicle has a valid permit, certificate, or other required approval from the Riverside County Department of Environmental Health.

7. All food products sold or provided from the mobile food facility vending vehicle shall comply with all applicable food labeling requirements established by the State of California and the food vendor must obtain all required permits, including, without limitation, health permits, to sell or provide such items.

8. No alcohol beverage, general merchandise or commercial sales other than food are permitted, other than company merchandise.

9. The food vendor shall maintain insurance, as deemed acceptable in the reasonable discretion of the City, and provide to the City written certification thereof, against liability for death or injury to any person and damage to property as a result of ownership, operation, or use of its mobile food facilities. In addition, the food vendor shall indemnify, defend and hold the City harmless from any claims arising out of or related to the vendor’s ownership, operation, or use of its mobile food facilities, except as otherwise permitted by applicable law.

10. The food vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into any streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.

11. The food vendor shall comply with sound amplification regulations in Chapter 8.12 of this Code.

12. Vending of cannabis products of any kind is prohibited.

13. Food vendors and mobile food facilities vending vehicles shall comply Item Number: 11.

Page 287 of 307 ends

with all applicable Federal, State, and local laws.

14. A food vendor may locate its mobile food facility vending vehicle on a street as long as the vendor adheres to the following standards and conditions: The mobile food facility vending vehicle does not obstruct pedestrian or vehicular traffic.

15. Food vending is prohibited on the exposed street and/or vehicular traffic side of the mobile food facility vending vehicle. The food vendor shall not distribute any item from the mobile food facility vending vehicle in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street. A mobile food facility vending vehicle is limited to two signs excluding exterior graphics. The exterior sign shall be secured at all times that the mobile food facility vending vehicle is moving. No sandwich board or other signs are permitted on the ground in the area or on the mobile food facility vending vehicle.

16. A mobile food facility vending vehicle may only stand or park in the public right-of- way within a commercial zone between the hours of 7:00 a.m. and 2:00 a.m. In all other zones, mobile food facilities vending vehicles may only stand or park in the public right-of-way between the hours of 9:00 a.m. and 9:00 p.m.

17. No food vendor shall engage in vending unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the mobile food facilities vending vehicle, marked with a sign requesting use by patrons. Prior to leaving the location, the food vendor shall pick up, remove and dispose of all trash generated by the food vendor’s operation located within a 25-foot radius of the mobile food facility’s vending vehicle’s location. This provision does not require picking up trash in the street in an unsafe manner.
a. The exterior storage of refuse, equipment, or materials associated with the mobile food facility vending vehicle is prohibited. b. Any mobile food facility vending vehicle licensed by the County of Riverside as a Category 4 (Limited Food Preparation)Non-Prepackaged Food Vehicle) or Category 5 (Mobile Full Food Preparation Unit) mobile food facility shall provide a minimum of one conspicuous trash receptacle within 20 feet of the vehicle. The trash receptacle will serve both employees and customers.

18. Each food vendor shall affix to the lower right side of the windshield of his or her mobile food facility vending vehicle a current grade card/decal issued by a the County of Riverside Department of Environmental Health health inspector. Additionally, a current mobile food facility vending vehicle permit must be prominently displayed on the vending side of their mobile food facility vending vehicle.

19. Each person who drives, operates, or vends from a mobile food facility vending vehicle shall maintain a current, valid California driver’s Item Number: 11.

Page 288 of 307 ends

license and a current Food Handler Certificate issued by the County of Riverside. The driver’s license and Food Handler Certificate shall be presented for inspection upon request by law enforcement officials or code compliance officers upon request.

20. Pursuant to Health and Safety Code Section 114315, mobile food facilities vending vehicles shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the City Manager, to ensure that restroom facilities are available to vendor employees whenever the mobile food facility vending vehicle is stopped to conduct business for more than a one-hour period.

21. Exceptions. This section shall not apply to:
a. Food vending at construction sites.
b. Food vending on school property with the consent of school authorities.
c. Food vending on private property with consent of the property owner, lessee, or legal occupant, and with a valid temporary use permit.

B. No food vendor may engage in vending or otherwise operate a mobile food facility vending vehicle:

1. On any street within a residential zone.
a. Category 3 (Prepackaged Foods) mobile food facilities are exempt from this regulation.

2. On any street designated as part of a Safety Enhancement Zone pursuant to Chapter 12.28 of this Code.

3. Within 50 feet from the outer edge of any entrance of any business which serves food on private property during the hours such business is open to the public. This prohibition may be waived with the written consent of such business.

4. Within 30 feet of any street intersection controlled by a traffic light, crosswalk, or stop sign.

5. Within 30 feet of a bus stop.

6. Notwithstanding any other provision in this chapter, no mobile food facility vending vehicle may be located within 300 feet of the nearest property line of any property on which a public or private school building is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day.

7. Within 500 feet of the nearest property line of any school serving students 18 years of age or younger unless that school is a college, university, or vocational school that primarily serves students older than 18 Item Number: 11.

Page 289 of 307 ends

years of age, unless the mobile food facility vending vehicle is associated with a certified farmers’ market that is open at the time that the mobile food facility food vending truck is conducting business.

8. When the posted speed limit on the public street, alley or highway is greater than 35 miles per hour.
§ 5.52.040. Mobile food facility vending vehicle on public or private property (temporary uses).

A. No mobile food facility vending vehicle may vend or locate on any private property or City-owned property except as permitted in this section. All permitted operations on private property or City-owned property shall otherwise comply with applicable operational standards set forth in this chapter.

B. Mobile food facilities vending vehicles may vend or park on a developed nonresidential private property, including in the adjacent right-of-way, with written permission from the property owner pursuant to an Administrative Planning Review which shall be reviewed and approved by the Community Development Department. a temporary use permit (TUP) or a special event permit.

C. Food Vendors vendors wishing to obtain a TUP pursuant to this section shall file a written application to do so at least 10 business days prior to the requested date of vending. Such request may be made on a form prescribed by the Community Development Director or designee and shall include, at a minimum, the location, date, and time of the requested vending. An Administrative Planning Review pursuant to this section shall file a written application to do so at least 14 days prior to the requested date of vending.

Such requests may be made on a form prescribed by the Community Development Director or designee and shall include:

1. The TUP shall limit vending and locating on an applicable private or Cityowned property for three consecutive days at a time, and thereafter restrict the vendor from vending at the same location for three consecutive days. Vendors may alternate between vending on and off an applicable property for the duration of a TUP.

2. The maximum days for all TUP approvals for mobile food vending vehicles shall be limited to 30 calendar days per year for all commercial zones and shall be limited to 90 calendar days per year for all industrial zones. No application for a TUP shall be accepted unless the application is accompanied by a fee in an amount set by City Council resolution.

3. Notwithstanding any other provisions of this chapter, vendors may seek a TUP to vend at construction sites that are operating with all required permits under this Code, and located within industrial zones. A TUP Item Number: 11.

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issued for construction sites shall be valid for a maximum duration of six months.

4. The vendor may use up to four tall stand-up cocktail-type tables, but, no chairs, fences or other on-site furniture (permanent or otherwise) shall be permitted.

5. If a vendor is approved for multiple temporary use permits, the aggregate time allowed for vending through the permits shall not exceed 270 calendar days in the commercial downtown zone or 120 days in all other zones in a single calendar year.

1. Applicant Name

2. Food Vendor Name

3. Food Vendor Mailing Address

4. Location

5. Date & Time

6. Site Plan

7. Parking Plan

8. Notarized written permission from the property owner to vend food from the location.

9. A written agreement to use an approved and readily available toilet and handwashing facility within 200 feet travel distance, or as otherwise approved by the City Manager, to ensure that restroom facilities are available to vendor employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period pursuant to Health and Safety Code Section 114315.

D. Vending from Public Parks. A TUP may be granted to vendors to vend in public parks. Notwithstanding obtaining a TUP, a vendor shall not operate at a public park if a separate organization is currently renting such park, unless the organization grants written permission to the vendor.

1. A TUP issued under this subsection shall be valid for a maximum of 90 calendar days.

D. Administrative Planning Review approvals for mobile food facilities shall be limited to a 120 calendar day period, per location. No application for an Administrative Planning Review shall be accepted unless the application is accompanied by a fee in an amount set by City Council resolution.

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E. Mobile food vending vehicles wishing to vend on City-owned property outside of the public right-of-way must apply for a special event permit or as an approved accessory use as part of a facility use permit from the Public Works Department.

E. A mobile food facility operating on private property with an Administrative Planning Review approval shall comply with the following:

1. The food vendor may use up to four (4) tables and twenty (20) chairs on site. No other on-site furniture (permanent or otherwise) shall be permitted.

The use of tables and chairs shall be subject to approval by the Community Development Director.

2. The food vendor shall not display any food, food products, merchandise, or prepackaged food outside the mobile food facility.

3. The food vendor may erect one A-frame sign outside the mobile food facility.

4. The food vendor may not display any flags, banners, pendants, banners, or feather signs on the property.

5. The food vendor must comply with noise regulations pursuant to Title 8.

F. Violation of any permit issued under this section shall be grounds for suspension or revocation of a mobile food vending vehicle permit. All permits issued under this chapter may be suspended or revoked in accordance to the procedures of Section 5.52.020.

G. Any permitted mobile food facility participating in a City-sponsored event shall not be required to obtain an Administrative Planning Review approval and may vend as a part of the City-sponsored event.

G. The Community Development Director shall evaluate and consider any request for a TUP. The Community Development Director may approve, conditionally approve or deny the request consistent with the requirements of this chapter and the public health, safety, and welfare. The Community Development Director’s decision may be appealed in the same manner as a mobile food vending vehicle permit.

H. Vending from Public Parks. A Facility Use Permit and/or Special Events Permit may be granted to food vendors to vend in public parks.

Notwithstanding obtaining a Facility Use Permit and/or Special Event Permit, a food vendor shall not operate at a public park if a separate organization is currently renting such park, unless the organization grants written permission to the food vendor.

1. A Facility Use Permit and/or Special Events Permit issued under this subsection shall be valid for a maximum of 30 calendar days.

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I. Mobile food facilities wishing to vend on City-owned property outside of the public right-of-way must apply for a Special Event Permit or as an approved accessory use as part of a Facility Use Permit from the Recreation and Community Services Department.

J. Violation of any permit issued under this section shall be grounds for suspension or revocation of a mobile food facility permit. All permits issued under this chapter may be suspended or revoked in accordance with the procedures of Section 5.52.020 of this code.

K. The Recreation and Community Services Director shall evaluate and consider any request for a Facility Use Permit or Special Events Permit. The Recreation and Community Services Director may approve, conditionally approve, or deny the request consistent with the requirements of this chapter and the public health, safety, and welfare. The Recreation and Community Services Director’s decision may be appealed in the same manner as a mobile food facility permit.

5.52.050 Temporary Food Facilities
A. Temporary Food Facilities are prohibited from operating within the City except for with the following exemptions:

1. At an approved Community Event for an event that runs 4 to 25 days or less in a 90-day period.

2. At an approved Special Event Permit for an event that runs 4 to 25 days or less in a 90-day period.

3. With a Temporary Use Permit for an event that runs three days or less in a 90-day period.
§ 5.52.050. Regulations for prepackaged foods.

A. The regulations of this section shall apply only to a vendor exclusively selling prepackaged foods. A vendor exclusively selling prepackaged foods shall otherwise comply with the provisions of this chapter.

B. Vendors exclusively selling prepackaged foods may operate as follows.

1. Vend in a residential zone. However, the vendor may not stop on a residential street for longer than necessary to complete a transaction. § 5.52.060. Violations.

Violations of this chapter are infractions and a public nuisance subject to all remedies available to the City, including, without limitation, all remedies provided pursuant to Title 4 of this Code.

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Section 3. AMENDMENT OF CHAPTER 5.28 (SIDEWALK VENDORS AND PEDDLERS) OF TITLE 5 (BUSINESS LICENSES AND

REGULATIONS) OF THE DESERT HOT SPRINGS MUNICIPAL CODE
CHAPTER 5.28

SIDEWALK VENDORS AND PEDDLERS
§ 5.28.010. Purpose.

The purposes of this chapter are:

A. To establish a sidewalk vendor permitting and regulatory program in compliance with Senate Bill 946 (Chapters 459, Statutes 2018) and SB 972, as those statutes may be amended, while protecting the public health, safety, and welfare;
§ 5.28.020. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Auxiliary Conveyance” means a supplementary handwashing and/or warewashing sink(s) used in conjunction with a Compact Mobile Food Operation at a site-specific location.
“Captive audience” means one or more purposefully stationary persons, such as persons in lines or seated in public areas.
“City” means the City of Desert Hot Springs.
“Commissary” means a food facility or other approved location that services Mobile Food Facilities, Mobile Support Units, or vending machines where any of the following occur:
1) Food, containers, or supplies are stored.
2) Food is prepared or prepackaged for sale or service at other locations. 3) Utensils are cleaned or stored.
4) Liquid and solid wastes are disposed, or potable water is obtained. “Community Event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of civic, political, public or educational in nature, including state and county fairs, city festivals, circuses and other public gatherings events approved by the local enforcement agency.

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“Compact Mobile Food Operation” (CMFO) means a Mobile Food Facility that operates from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. CMFO is a type of Sidewalk Vendor. “Engaging in the business” means and includes conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity. “Food” and “food products” means any liquid or edible product designed for human consumption, including but not limited to, fruits, vegetables, meats, candy, ice cream and other milk products, soda pop, juice, beverages and any other prepared or unprepared edible item.
“Food Preparation”. As defined in Health and Safety Code section 113791, as now adopted or hereafter amended.
“Food Vendor” means a person or entity who: vends, including an employee or agent of a vendor.

1. Conduct or permits or causes the operation of mobile food vending trucks;

2. Owns, operators, controls, manages, or leases, mobile food vending vehicles; or

3. Contracts with persons to drive and vend from mobile food vending vehicles.
“Limited Food Preparation”. As defined in Health and Safety Code section 113818, as now adopted or hereafter amended.
“Motorized vehicle” shall include but is not limited to, any motor vehicle, truck, car, trailer, conveyance or structure not permanently fixed to a permanent foundation and which may be moved under its own power, towed by a motor vehicle, motorcycle or other mobile device.
“Peddle” and “peddling” mean traveling by motorized vehicle, or any other type of conveyance from place-to-place, house-to-house, or from street-to-street, carrying, conveying or transporting food products, goods, wares, merchandise, or food and offering, intending to sell, displaying or soliciting the same for sale. “Peddler” means any person, traveling by motorized vehicle or any other type of conveyance from place-to-place, house-to-house, carrying, conveying or transporting goods, wares, merchandise, food or food products and concurrently offering, intending, displaying or soliciting the same for sale. “Peddler” includes any person, who travels from place-to-place, selling or offering for sale any goods, wares, merchandise or food solely from a motorized vehicle. “Peddler” does not include “sidewalk vendor,” “roaming vendor,” or “stationary sidewalk vendor” as defined by this chapter. “Permittee” means a person issued a permit pursuant to this chapter. “Person” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious Item Number: 11.

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denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor; or other similar representative thereof. “Public sidewalk,” “public street” and “public right-of-way” mean all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks, public ways and public rights-of-way. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk vending” and “sidewalk vend(s)” means any action that qualifies a person as a sidewalk vendor.
“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. “Sidewalk vendor” includes “roaming sidewalk vendor,” and “stationary sidewalk vendor.”
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Special event” means an event or activity that is held or conducted pursuant to a special event permit approved by the City per the City’s Special Event Application Review Process as adopted by resolution of the City Council or a temporary use permit approved pursuant to Chapter 17.136 Temporary Use Permits. “Temporary Food Facility” means an approved food facility that may be readily disassembled for storage or for transporting, and readily assembled to its original integrity at a different location, is easily movable, and operates at a fixed location for the duration of an approved community event or special event and only as to that community or special event.
§ 5.28.030. Sidewalk vendors.

A. No person shall engage in sidewalk vending within the City without first obtaining a permit from the City Manager or designee pursuant to this chapter.

B. Sidewalk Vendor Permit. To obtain or to renew a sidewalk vendor permit, a sidewalk vendor must provide to the City a written application, on a form provided by the City, which shall contain the following information:

1. The name, current address, and telephone number of the person applying to become a sidewalk vendor;

2. Day(s) and hours of operation;

3. Location(s) of operation within the City;
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4. Description of the food or merchandise offered for sale or exchange;

5. A photograph of the vending setup or vending cart.

6. Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;

7. If the sidewalk vendor conducts food preparation, information on the permitted commissary where food will be stored.

8. If preparing or selling food, a copy of the County Health Department permit issued to the vendor, except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncut produce will be sold. If potentially hazardous food or processed produce will be sold or the food or the display area is greater than 25 square feet, the vendor must provide a copy of the County Health Department permit issued to the vendor.

9. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation;

10. A copy of a California’s driver’s license or identification number, or individual taxpayer identification number. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4); Proof of applicant’s identity. A copy of the valid California Driver's license issued to the vendor, a copy of the individual taxpayer identification number issued to the vendor or a municipal identification number. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

11. A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required by law;

12. An acknowledgment that the sidewalk vendor shall comply with all generally applicable State, Federal, and local laws;

13. Certification that the information contained in the application is true to his or her knowledge and belief;

14. A statement whether or not the applicant, employee or agent has been convicted of any felony or of any misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within five years;

15. Any other information deemed relevant by the City Manager or designee.

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C. A sidewalk vendor permit is non-transferrable. Any change in ownership or operation of a sidewalk vendor requires a new permit under this chapter. All sidewalk vendor permits issued under this chapter shall expire 12 months from the date of issuance.

D. The City Manager or designee shall issue or deny a permit within 30 days of receipt of a completed application.

E. A permit may be denied by the City Manager or designee on any of the following grounds:

1. The applicant, employee or agent has been convicted of a felony or misdemeanor involving bodily injury to persons, theft, fraud or misrepresentation within five years preceding the application date;

2. The applicant has made a materially fraudulent, misleading or false statement of fact to the City;

3. The applicant has violated any provision of this chapter; or

4. The applicant’s permit has been previously revoked as provided in this chapter.

F. The City Manager or designee shall notify the applicant of any denial by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than 10 days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 5.28.100.
§ 5.28.080. Fees—Terms.

All applications for permits under the provisions of this chapter shall be accompanied by an application fee established by resolution of the City Council. No application fee paid under this chapter shall be refunded. All original permits and renewals granted under this chapter shall also require a fee. All permits issued under the provisions of this chapter shall be valid for one year. A permit may be renewed by the timely payment of a renewal fee prior to the expiration of the permit. All permits shall cease and terminate 30 days after the default of payment. Any permit that has terminated pursuant to this chapter shall require the filing of a new application for a permit under this chapter. § 5.28.085. Sidewalk vendor general regulations Stationary Sidewalk Vendor Regulations.

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City.

B. Stationary sidewalk vendors may operate in non-residential zones of the City, provided they meet the following:

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1. The sidewalk vendor’s activities, materials, or customers do not obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. Additional restrictions include the following:

2. Sidewalk vending shall be conducted only between the hours of onehalf hour before sunrise and 3:00 am every day.

3. The sidewalk vendor at all times maintains a clearance of not less than 36 inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

4. The sidewalk vendor maintains all food and merchandise stored either inside or affixed to the vending cart or carried by the sidewalk vendor at all times.

5. A sidewalk vendor’s display, cart, signage, merchandise, or set-up shall not be affixed at any time to any building or structure, including, but not limited to, poles, signs, trees, lampposts,

6. The sidewalk vendor may not operate within 50 feet of any school crossings.

7. The sidewalk vendor may not operate within 30 feet of the Desert Hot Springs Senior Center.

8. The sidewalk vendor may not operate within 30 feet of any crosswalk.

9. Sidewalk vendors are prohibited from operating on any private property whatsoever in any zone within the City. This includes, but is not limited to, private parking lots and landscaped areas.

10. The sidewalk vendor may not operate on or along the Palm Drive corridor between Pierson Boulevard and Camino Aventura.

11. The sidewalk vendor may not operate on or along Palm Drive between Park Lane and Paul Road.

12. The sidewalk vendor may not operate on or along any street where the speed limit is posted at 55 miles per hour or above.

13. The sidewalk vendor may not operate within one block in any direction of any signalized intersection of the Palm Drive corridor between Pierson Boulevard and Camino Aventura.

14. The sidewalk vendor may not operate within 200 feet of any other sidewalk vendor.

15. The sidewalk vendor may not operate within 25 feet of a litter receptacle, bike rack, or restroom.

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16. The sidewalk vendor may not operate within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller.

17. The sidewalk vendor may not operate within three feet of a red curb.

18. The sidewalk vendor may not operate within 25 feet of a bus stop, trolley stop, taxi stand, bus bench, or bus shelter.

19. The sidewalk vendor may not operate within 200 feet of a police station or fire station.

20. The sidewalk vendor may not operate within 200 feet of any City building or facility.

21. The sidewalk vendor may not operate within one foot from the curb.

22. The sidewalk vendor may not operate within 10 feet of a driveway or driveway approach.

C. No sidewalk vendor’s activities, materials, or customers may obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. Additional restrictions include the following:

1. Sidewalk vendors must at all times maintain a clearance of not less than 36 inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

2. Sidewalk vendors must maintain all food and merchandise stored either inside or affixed to the vending cart or carried by the sidewalk vendor at all times.

3. Vending carts shall not touch, lean against or be affixed at any time to any building or structure, including, but not limited to, poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.

4. No sidewalk vendor may operate within 50 feet of any school crossings.

5. No sidewalk vendor may operate within 30 feet of the Desert Hot Springs Senior Center.

6. No sidewalk vendor may operate within 30 feet of any crosswalk.

7. Sidewalk vendors are prohibited from operating on any private property whatsoever in any zone within the City. This includes, but is not limited to, private parking lots and landscaped areas.

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between Pierson Boulevard and Camino Aventura.

9. No sidewalk vendor may operate on or along the Palm Drive between Park Lane and Paul Road.

10. No sidewalk vendor may operate on or along any street where the speed limit is posted at 55 miles per hour or above.

11. No sidewalk vendor may operate within one block in any direction of any signalized intersection of the Palm Drive corridor between Pierson Boulevard and Camino Aventura.

12. No sidewalk vendor may operate within 200 feet of any other sidewalk vendor.

13. No sidewalk vendor may operate within 25 feet of a litter receptacle, bike rack, or restroom.

14. No sidewalk vendor may operate within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller.

15. No sidewalk vendor may operate within three feet of a red curb.

16. No sidewalk vendor may operate within 25 feet of a bus stop, trolley stop, taxi stand, bus bench, or bus shelter.

17. No sidewalk vendor may operate within 200 feet of a police station or fire station.

18. No sidewalk vendor may operate within 200 feet of any City building or facility.

19. No sidewalk vendor may operate within one foot from the curb.

20. No sidewalk vendor may operate within 10 feet of a driveway or driveway approach.

D. No sidewalk vendor may impede the flow of vehicular traffic or parking, such as on public streets or public highways.

5.28.086 Roaming Sidewalk Vendor Regulations.

A. Roaming Sidewalk vendors may operate in residential and non-residential zones of the City, provided they meet the following:

1.Sidewalk vending hours for residential zones shall be conducted between the hours of one-half hour before sunrise and one-half hour after sunset.

2.Sidewalk vending hours for non-residential zones shall be conducted only between the hours of one-half hour before sunrise and 3:00 am every day.

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3.The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition, including upon departure of the vending area after its use.

4.No roaming sidewalk vendor shall be at any one location for a period exceeding ten minutes at the request of a bona fide purchaser or exceeding the duration required to complete a sale.

5.No vending shall occur within 10 feet of any entrance, or exit of any building, or any driveway, parking space, or building window.

6.Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Title 8, Chapter 8.12 Noise Control.

7.No sidewalk vending shall occur 200 ft from a community event, special event, or temporary event held pursuant to a permit.

8.The sidewalk vendor’s activities, materials, or customers do not obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. Additional restrictions include the following:
a) The sidewalk vendor at all times maintains a clearance of not less than 36 inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices. b) The sidewalk vendor maintains all food and merchandise stored either inside or affixed to the vending cart or carried by the sidewalk vendor at all times.
c) A sidewalk vendor’s display, cart, signage, merchandise, or set-up shall not be affixed at any time to any building or structure, including, but not limited to, poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.
d) The sidewalk vendor may not operate within 50 feet of any school crossings.
e) The sidewalk vendor may not operate within 30 feet of the Desert Hot Springs Senior Center.
f) The sidewalk vendor may not operate within 30 feet of any crosswalk. g) Sidewalk vendors are prohibited from operating on any private property whatsoever in any zone within the City. This includes, but is not limited to, private parking lots and landscaped areas. h) The sidewalk vendor may not operate on or along the Palm Drive corridor between Pierson Boulevard and Camino Aventura.

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i) The sidewalk vendor may not operate on or along Palm Drive between Park Lane and Paul Road.
j) The sidewalk vendor may not operate on or along any street where the speed limit is posted at 55 miles per hour or above.
k) The sidewalk vendor may not operate within one block in any direction of any signalized intersection of the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
l) The sidewalk vendor may not operate within 200 feet of any other sidewalk vendor.
m) The sidewalk vendor may not operate within 25 feet of a litter receptacle, bike rack, or restroom.
n) The sidewalk vendor may not operate within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller.
o) The sidewalk vendor may not operate within three feet of a red curb. p) The sidewalk vendor may not operate within 25 feet of a bus stop, trolley stop, taxi stand, bus bench, or bus shelter.
q) The sidewalk vendor may not operate within 200 feet of a police station or fire station.
r) The sidewalk vendor may not operate within 200 feet of any City building or facility.
s) The sidewalk vendor may not operate within one foot from the curb. t) The sidewalk vendor may not operate within 10 feet of a driveway or driveway approach.

Section 4. AMENDMENT OF SECTION 5.28.060 AND SECTION 5.28.070 (PEDDLERS PERMIT APPLICATION AND ISSUANCE) OF TITLE
5 (BUSINESS LICENSES AND REGULATIONS) OF THE DESERT HOT

SPRINGS MUNICIPAL CODE
§ 5.28.060 Peddler permit application and issuance.

A. The City’s designee is responsible for granting, denying, revoking, renewing, suspending, and canceling peddler permits. The City’s designee shall be the City Manager, or any other officer or employee designated in writing by the City Manager to deal with and enforce the provisions of this chapter. An application for a permit must be made on a form provided by the City.

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B. The completed application shall contain the following information and shall be accompanied by the following documents:

1. Name, birth date, driver’s license or other identification number, social security number, and physical description of the applicant;

2. Permanent home address and telephone number, and local address and telephone number of the applicant;

3. The name and address for the applicant’s business, his or her interest in or relationship with such business, and if the applicant is employed, the name and address of his or her employer together with description of the exact relationship between the applicant and such employer;

4. A brief description of the nature of the applicant’s business and of the product or service to be peddled;

5. A fixed length of time for which the permit to peddle is desired;

6. A statement whether or not the applicant, employee or agent has been convicted of any felony or of any misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within five years;

7. A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities authorized by the permit;

8. A statement whether or not the applicant has suffered revocation or suspension of any permit required by the City of Desert Hot Springs;

9. A statement whether or not the applicant has failed to pay any business license fee or tax imposed by the City of Desert Hot Springs;

10. A picture (of passport quality) of the applicant and any agent, employee or representative, who will engage in soliciting or peddling activities, for inclusion on the identification card;

11. The vehicle identification number, license plate number and proof of current registration for the motorized vehicle, if any, which will be used for peddling in the City;

12. A copy of or evidence of automobile insurance required under State law for operating the motorized vehicle, if any, which is identified in the permit application form;

13. If the application involves the sale of food, produce, or any other item intended for human consumption, the applicant must provide valid health or other permit(s), issued by the appropriate agency, as required by applicable local, State or Federal law; and

13. Other information the City Manager or designee deems necessary to process the application.

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§ 5.28.070 Permit use and manner of peddling.

A. Display. Every applicant shall be issued a permit to be carried on person and exhibited on request by any person to persons they deal with and shall at all times carry the permit issued hereunder and exhibit it on request to any police officer or City official.

B. Transfer Prohibited. It is unlawful for any person other than permittee to use or wear any permit issued under the provisions of this chapter.

C. Hours of Operation. It is unlawful for any person to conduct any activities regulated under the provisions of this chapter between 8:00 p.m. and 8:00 a.m.

D. Waste Receptacles. No peddler shall sell or offer for sale any food from a motorized vehicle unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the vehicle, marked with a sign requesting use by patrons. Prior to leaving the location, the peddler shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the peddler, including any packages or containers, or parts thereof, used with or for dispensing such food.

E. Manner of Peddling.

1. No peddler shall peddle goods, merchandise, or wares or food by sitting, standing or walking on a public sidewalk or street or upon a median or grassy embankment within a public sidewalk, public street or public right-of-way, and in no case shall a peddler stand or park any motorized vehicle for the purposes of peddling or selling from such vehicle on any privately-owned property. This does not include sitting or standing in a motorized vehicle which is lawfully parked on a public street and from which the peddler has a permit.

2. No peddler shall stand or park any motorized vehicle for more than 30 minutes without moving to a new location at least 300 feet removed therefrom and may not return to a location where the peddler has stopped to peddle within the previous two hours.

3. No peddler shall park or stand a motorized vehicle used for peddling in a manner which causes a hazard to vehicular or pedestrian traffic by creating conditions that impede the flow of vehicular or pedestrian traffic or create conditions of imminent harm to vehicular or pedestrian traffic or other vehicles and pedestrians.

4. No peddler shall persistently peddle any goods, merchandise, or wares or food to any member of the public after such member of the public expresses his or her desire not to purchase anything from the peddler.

5. No peddler shall intentionally or deliberately obstruct the free movement of any person on any public sidewalk, public street, public right-of-way or in any public place.

6. No peddler shall peddle any items to a captive audience.

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7. No peddler shall threaten any injury or damage to any person who declines to purchase any items being peddled, if such threat, whether by word or gesture, would make a reasonable person fearful.

8. No peddler shall peddle or attempt to peddle to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this section shall be construed to prohibit peddling to the occupants of any vehicle that is lawfully parked.

9. No peddler shall park or stand the motorized vehicle in violation of any conditions included in the permit issued pursuant to this chapter.

10. No peddler shall peddle from any motorized vehicle which has not been identified in the application.

11. No peddler shall stop, stand, or park any motorized vehicle in violation of any provision of the California Vehicle Code or the City of Desert Hot Springs Municipal Code.

12. No peddler shall peddle any food unless the items being sold comply with all applicable food labeling requirements established by the State of California and the peddler has all required permits, including, without limitation, health permits, to sell such items.

13. No peddler shall peddle any goods from any motorized vehicle which does not have insurance as required under State law for operating the motorized vehicle.

F. Activities Creating Nuisance. No peddler, in the course of activities regulated in this chapter, shall create any public nuisance, cause a noise disturbance as defined in Chapter 8.12 of this Code, or any other actions constituting a public nuisance.

G. Compliance with Law. This chapter may not be the sole source of regulation of the activities permitted under this chapter. Permittees shall comply with all State and Federal laws and all local ordinances.

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

Section 6. AMENDING OF BAIL SCHEDULE
That the City Attorney's Office is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Item Number: 11.

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Section 7. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published according to law.

Section 8. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the City Council.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, at a regular meeting held on the ____ day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
ATTEST: Scott Matas, Mayor
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Tuan-Anh Vu, City Attorney
Item Number: 11.

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Desert Hot Springs City CouncilJune 4, 2024

Desert Hot Springs City Council
June 4, 2024