Desert Hot Springs City Council
October 1, 2024

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City of Desert Hot Springs
AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, October 1, 2024
5:00 PM - Closed Session
5:30 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
CLOSED SESSION - 5:00 P.M.

CALL TO ORDER

ROLL CALL

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

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Higher Yields Consulting, LLC vs City of Desert Hot Springs, et al.; Riverside Superior Court Case Number: CVPS2405497 RECESS
PRESENTATIONS - 5:30 P.M.

Proclamation for Code Enforcement Officer Appreciation Week Desert Hot Springs Recreation - Inspiring Young Minds, Walt Disney Concert Hall Fieldtrip Presentation
Variety Children's Charity of the Desert Presentation
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

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

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

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

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

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

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:

2. Establishing the Formation of Underground Utility District Area Number 2 – Indian Canyon Drive between 19th Avenue and 20th Avenue
Daniel Porras, Assistant City Manager
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;
7 - 20

8) City Council discussion and questions to Staff; and
9) Adopt a Resolution of the City Council establishing the formation of an Underground Utility District within Area No. 2, which is along Indian Canyon Drive between 19th Avenue and 20th Avenue.

Staff Report - SR-24-208 - Pdf
ADMINISTRATIVE CALENDAR:

3. Professional Services Agreement with The Mural Supply Co. for the Curation of the First Friday Arts and Cultural Event and Mural Program in the Downtown Arts and Culture District
Doria Wilms, Deputy City Manager
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with The Mural Supply Co. for the curation of the First Friday Arts and Cultural Events and Mural Program in the Downtown Arts and Culture District, for a period of eight months, in an amount not to exceed $30,000 per month for a cumulative cost of $240,000, to be funded by the Art in Public Places Fund. If approved, the current proposal would replace the previous mural approval authorized by the City Council in December of 2023.

Staff Report - SR-24-207 - Pdf
21 - 42
CONSENT CALENDAR:

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

4. City Council Regular Meeting Minutes: September 19, 2024 Jerryl Soriano, City Clerk
Recommendation: Approve the Minutes as presented; or as corrected.

Staff Report - SR-24-206 - Pdf
43 - 50

5. Cannabis Business Regulations Amendment
Christina Newsom, Compliance Director
Recommendation:

Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 5.50 ("Cannabis Businesses") and Sections Thereof of the Desert Hot Springs Municipal Code (DHSMC)."
Staff Report - SR-24-200 - Pdf
51 - 63

6. Second Reading and Adoption of An Ordinance Amending Chapter of Title 17, Zoning Ordinance Creating “Chapter 17.18 (VisitorServing Districts)" 65 - 84

Jerryl Soriano, City Clerk
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Title 17, Zoning Ordinance, to create “Chapter 17.18 (Visitor-Serving Districts).”
Staff Report - SR-24-205 - Pdf

7. Adopting the City of Desert Hot Springs' Local Hazard Mitigation Plan
Nicholas Haecker, Public Works Director
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting the City of Desert Hot Springs Local Hazard Mitigation Plan Annex to the Riverside County Operational Area MultiJurisdictional Local Hazard Mitigation Plan as required by the Federal Disaster Mitigation Act of 2000."
Staff Report - SR-24-201 - Pdf
85 - 163

8. Notice of Completion: Dillon Road Repair Project (City Project #2008)
Nicholas Haecker, Public Works Director
Recommendation:

Approve the work, accept the project, and direct the City Manager to file the Notice of Completion for the Dillon Road Repair, City Project # 2008.

Staff Report - SR-24-204 - Pdf
165 - 178

9. Notice of Completion: Indian Canyon Drive Road Repair Project (City Project #2006)
Nicholas Haecker, Public Works Director
Recommendation:

Approve the work, accept the project, and direct the City Manager to file the Notice of Completion for the Indian Canyon Drive Road Repair, City Project #2006.

Staff Report - SR-24-203 - Pdf
179 - 189

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

Staff Report - SR-24-209 - Pdf
191 - 192

11. Payment Register and City Council Expenditures for the Period of August 1, 2024 to August 31, 2024
Geoffrey Buchheim, Administrative Services Director
Recommendation:
193 - 424

Receive and file.

Staff Report - SR-24-202 - Pdf

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

ADJOURN

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

October 8 Planning Commission 6:00 p.m.

October 10 Public Safety Commission 6:00 p.m.

October 15 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________________

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

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

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

SR-24-208
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 1, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Establishing the Formation of Underground Utility District Area Number 2 – Indian Canyon Drive between 19th Avenue and 20th Avenue 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 establishing the formation of an Underground Utility District within Area No. 2, which is along Indian Canyon Drive between 19th Avenue and 20th Avenue.

BACKGROUND:

Rule 20A projects are paid for by all Southern California Edison (SCE) customers and ratepayers, not just those who live in locations where facilities will be undergrounded. City and county governments choose these projects, using a process that includes public participation.

To qualify for full funding through utility rate proceeds, projects must produce a benefit to the general public, not just customers in the affected area, by satisfying one or more of these criteria:
 Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities;
 The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;
 The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of significant scenic, cultural, and/or historic interest to the general public; Item Number: 2.

SR-24-208
 The street of road or right-of-way is considered an arterial street or major collector road, as defined by the California Department of Transportation’s California Road System functional classification system; or
 Wheelchair access is limited or impeded by existing above-ground electric and/or telecommunications infrastructure including pad-mounted facilities on sidewalks or in other areas in the pedestrian right-of-way that is otherwise not compliant with the Americans with Disabilities Act.

SCE allocates rate funds to communities for undergrounding using formulas provided in the Rule 20 tariff. Allocated funds are determined by the ratio of customers served by overhead facilities to the total number of customers in the community, and the fraction that customers in the community represent of all SCE customers.

DISCUSSION:

SCE filed with the California Public Utilities Commission (CPUC) its SCE Electric Rule 20 Programs annual report which provided an accounting and balance of all Rule 20A funds. SCE informed the City of Desert Hot Springs that the City’s 2024 Rule 20A fund balance was $969,978.00. SCE also informed the City that any funds that have not been allocated to an active Rule 20A project will expire in June 2025. In order to begin the process of approving a project and allocating the funds to that project prior to June 2025, a Resolution Establishing an Underground Utility District needs to be approved as soon as possible as future projects would have increased construction costs.

The proposed Underground Utility District (UUD) Area Number 2 will be established along Indian Canyon Drive between 19th Avenue and 20th Avenue.

City Staff and SCE Staff reviewed various proposed projects/corridors that would potentially meet all criteria and still be within the costs of the available Rule 20A funds. The proposed UUD area qualifies for Rule 20A funding under the following criteria;
 The proposed UUD does have unusually heavy concentration of overhead electric facilities, compared to other immediately surrounding corridors and areas.  The proposed UUD is and Entryway into the City and is identified as a Primary I Road in the Circulation Element of the City’s General Plan.
 The proposed UUD has high volume of traffic with an Annual Average Daily Traffic of 16,000 – 23,000 vehicles per day.
 The proposed UUD is classified as a Major Collector in California Department of Transportation’s California Road System functional classification system.  The proposed UUD estimated cost to underground the utilities is within range of the available funds of $969,978.00.

The Indian Canyon Drive at Interstate 10 area of the City is currently experiencing a large growth in new development. The undergoing of utilities in the proposed UUD will help promote economic development to this corridor and its surrounding areas.

Item Number: 2.

SR-24-208
The safety and welfare of the public require the undergrounding of utilities, as high winds could damage overhead lines and lead to power outages affecting large numbers of residents. Moreover, the absence of utility poles may result in a reduced number of traffic collisions and injuries.

This proposed project and UUD was submitted to SCE for initial review and received tentative approval, SCE letter attached as an exhibit.

On September 17th, 2024, City Council adopted a Resolution calling for a public hearing to be set for October 1, 2024 at 6:00 p.m. to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within Area No. 2, which is along Indian Canyon Drive between 19th Avenue and 20th Avenue.

In accordance with Section 13.04.030 of the City’s Municipal Code, the City Engineer is required to consult with all affected utilities and prepare a outlining the participation of the utilities, an estimate of the cost to the City and affected property/business owners, and the time to complete underground installation and removal of overhead facilities, this report is attached as an exhibit. Because the electrical and communication services are either already served underground or are served overhead by lines outside of the UUD, the cost to the affected property/business owners is zero. The cost to the City is estimated at less than $5,000.00 and is associated with the inspection of street repaving operations that will be performed by City staff.

By adopting the attached Resolution, City Council will declare the proposed area as Underground Utility District Area Number 2, and set in motion the design plans by the utilities affected for the use of Rule 20A funds to place overhead utilities underground and remove existing poles.

FISCAL IMPACT:

There is no fiscal impact to the City or the property owners within the proposed district for the undergrounding work. The City’s cost will be nominal in order to inspect the traffic control and repaving during construction. It is estimated that this cost will be less than $5,000.

ENVIRONMENTAL ANALYSIS:

In accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. and CEQA Guidelines, Title 14, Chapter 3 of California Code of Regulations, Staff has determined that this project qualifies as a Class 2 Categorical Exemption of Section 15302(d) (Conversion of Overhead to Underground Utilities), therefore no additional environmental review is necessary, and a Notice of Exemption will be filed.

ATTACHMENTS:
1) Resolution to Establish Underground Utility Distritc Are Number 2 2) UUD2 - Aerial and Existing Pictures
3) UUD2 - SCE ROM Letter to City
4) UUD2 - Engineers Report
Item Number: 2.

1 RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS ESTABLISHING THE FORMATION OF AN
UNDERGROUND UTILITY DISTRICT DESIGNATED AREA NUMBER 2
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city and a political subdivision of the State of California; and
WHEREAS, under the provisions of Rule 20A which was promulgated by the Public Utilities Commission (“PUC”), Southern California Edison (“SCE”) sets aside funds to allow cities to underground existing overhead facilities, through the formation of an underground utilities district (“UUD”); and
WHEREAS, in order to utilize Rule 20A funds, the undergrounding project must produce a benefit to the general public, not just to customers in the affected area; and WHEREAS, pursuant to Section 13.04.020 of the City’s Municipal Code (“Code”), the City Council is also required to make a finding that the public necessity, health, safety or welfare requires the undergrounding of the utilities; and WHEREAS, City staff proposes the establishment of a UUD along Indian Canyon Drive between 19th Ave and 20th Avenue; and
WHEREAS, after extension analysis, the City and SCE agree that proposed location for the UDD meets the criteria established the PUC as follows:
1) the undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities;
2) the location is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;
3) the location qualifies as an arterial or major collector; and 4) the overhead equipment is located within or passes through a civic, recreational or scenic area; and
WHEREAS, based on the aforementioned findings, and under the provisions of Chapter 13.04, of the City’s Code and Rule 20A, the City Council desires to form “Underground Utility District Designated Area Number 2” along Indian Canyon between 19th Ave and 20th Avenue (the “District”); and,
WHEREAS, based on the aforementioned findings, the City Council of the City of Desert Hot Springs, declares the public necessity, health, safety or welfare requires the removal of, and/or relocation of certain improvements on Indian Canyon between 19th Ave and 20th Avenue; and,
Item Number: 2.

2 WHEREAS, the City Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council a report by the City Engineer; and, WHEREAS, the City Engineer has determined that the estimated total cost and expenses of the District, less contribution of Rule 20A funds is Dollars ($ ) and no assessments will be charged to property or business owners within the District; and
WHEREAS, the reasonable time for completion of all the proposed work to underground the utilities in the District and when property owners will be reconnected, if applicable, to the new underground facilities is December 2028; and WHEREAS, on September 17, 2024, at a regularly scheduled meeting of the City Council, the City Council adopted a resolution calling for a public hearing on October 1, 2024, on the formation of a UUD in accordance with Chapter 13.04 (Underground Utility Districts) of the City’s Municipal Code and Rule 20A; and, WHEREAS, the notice of the City Council’s October 1, 2024 public hearing was also mailed to all property owners, businesses of record and affected utility companies adjacent to the District in compliance with Section 13.04.020 of the City’s Municipal Code; and
WHEREAS, on October 1, 2024, the City Council of the City of Desert Hot Springs conducted a duly noticed public hearing on the proposed District, and carefully considered the information in the staff report, the report by the City Engineer prepared in connection therewith, and all information and evidence, together with oral and written testimony presented at the public hearing.

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

Section 1. RECITALS
That the recitals set forth above are true and correct and are incorporated herein by this reference.

Section 2. CEQA
The City Council finds that in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. and CEQA Guidelines, Title 14, Chapter 3 of California Code of Regulations, this project qualifies as a Class 2 Categorical Exemption pursuant to Section 15302(d), (Conversion of Overhead to Underground Utilities) therefore no additional environmental review is necessary.

Section 3. FORMATION OF UNDERGROUND UTILITY DISTRICT
A. The City Council hereby declares that the area of the City of Desert Hot Springs commonly known as Indian Canyon between 19th Ave and 20th Item Number: 2.

3 Avenue, and as set forth in Exhibit A, attached herein and incorporated by reference, is established as an underground utility district to be designated “Underground Utility District Designated Area No. 1” and orders and requires that existing poles and overhead wires within said District be removed therefrom by the operators of the utilities by December 31, 2028, and thereafter prohibited, and that wires and associated facilities within said District for transmitting, conducting, conveying, distributing or supplying electricity for the purpose of providing light, heat, power, telephone, telegraph, communication, television, or other similar or associated service, be installed underground subject to the provisions of Chapter 13.04 of the City’s Code.

B. Existing poles, overhead wires and associated facilities within the District for transmitting, conducting, conveying, distributing, or supplying electricity for the purpose of providing heat, power, telephone, telegraph, communication, television, or other similar or associated service shall be installed underground no later than December 31, 2028.

C. Each property served by electric overhead facilities in the District shall have installed in accordance with SCE’s rules for underground service, all electrical facility changes on the premises necessary to receive service from the underground facilities of SCE no later than December 31, 2024.

D. The City Council does hereby request that Southern California Edison provide payment, computed pursuant to Rule 20 for the installation of no more than 100 feet of each customer’s underground electric service lateral occasioned by the undergrounding, and the conversion of each customer’s meter panel to accept underground service occasioned by the undergrounding, excluding permit fees.

E. Within ten days of the adoption of this Resolution, the City Clerk is directed to give notice to all affected utilities and all persons owning real property within the District about the adoption of this Resolution. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.

Section 4. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this resolution, enter the same in Section 5. SEVERABILITY.

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

Item Number: 2.

4 Section 6. REPEAL OF CONFLICTING PROVISIONS.

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

Section 7. EFFECTIVE DATE.

That this Resolution shall take effect upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 1st day of October 2024 by the following vote:

AYES:

NAYES:

ABSENT:

ABSTAIN:

ATTEST: _____________________________
Scott Matas, Mayor
_______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_______________________________
Tuan-Anh Vu, City Attorney
Item Number: 2.

5 EXHIBIT “A”
Item Number: 2.

6 EXHIBIT “B”
See map attached – Portion of Circulation Element
Item Number: 2.

Underground Utility District Area Number 2
Rule 20A Program Project – Indian Canyon Dr 19th Ave to 20th Ave Item Number: 2.

Item Number: 2.

Rule 20 Project Management
Sent Via Email
August 28, 2024
Frank J. Luckino
City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Subject: Rough Order of Magnitude (ROM)
City of Desert Hot Springs – Rule 20A Undergrounding Project Indian Canyon Dr.: 19th Ave. to 20th Ave.

Dear Mr. City Manager Luckino:

Rule 20A Project Management has reviewed the proposed scope for the Rule 20A project in the City of Desert Hot Springs: Indian Canyon Dr.: 19th Ave. to 20th Ave. The Rough Order of Magnitude for the project is $1,300,000 expressed in 2025 dollars. However, based on historical data from similar projects in the area, we anticipate your project not to exceed your current allocations of $969,978. Since this ROM is expressed in 2025 dollars, it is imperative, that we receive your approved city resolution by the end of September, to submit this project for design and construct in 2025, otherwise, the scope for this project may be reduced to reflect pricing past 2025. The estimated trench footage for the project is 1,402 feet and includes all mainline trenching as well as crossings. It does not include streetlights, nor any service laterals. The cost of the project includes an estimated accuracy variance of approximately 40%. This assumes the other utilities involved in the project can complete their design and prepare construction documents in the same timeframe as SCE has estimated. Should the City and SCE agree to proceed with the Rule 20A project, the scope of work and SCE estimated cost for the project can be updated and with greater accuracy following the completion of SCE’s final engineering design.

SCE’s ability to proceed with this project is dependent upon the annual CPUC approved budget for the Rule 20A Program, which provides for the availability of capital funding and resources for Rule 20A projects. Funding levels for the Rule 20A Program may directly impact future allocations and the anticipated year of construction for this proposed project.

The ROM estimate is based on the following assumptions:
• SCE has an available budget to proceed with the project. • The City of Desert Hot Springs has accumulated an adequate allocation balance. • The City of Desert Hot Springs will be establishing an Underground Utility District by resolution or ordinance for this project and/or area.
• The City of Desert Hot Springs will allow and provide for the granting of easement(s) to SCE for trench installation within the project boundary, as necessary.

Item Number: 2.

Additional terms and conditions assumed in the ROM estimate are outlined in the attached Rule 20A General Conditions Policy, which further defines the responsibilities of SCE and the City of Desert Hot Springs to ensure the success of this project. Please communicate the current ROM estimate and the information included regarding allocations and assumptions to the appropriate city personnel.

Thank you for your assistance in this matter and should you have any questions please feel free to call me directly, I can be reached at (626) 302-9590 or via email at [email protected].

Sincerely,
Luis R. Lopez
Project Manager
cc: Elias Bermudez, Senior Manager, New Development Planning Shane Massoud, Government Affairs Representative
Talisa Lee, Business Advisor, Rule 20 Project Management Item Number: 2.

UNDERGROUND UTILITY DISTRICT-AREA NUMBER 2

CITY OF DESERT HOT SPRINGS

REPORT BY CITY ENGINEER
SECTION 13.04.030 MUNICIPAL CODE

UTILITIES AFFECTED AND EXTENT OF PARTICIPATION

1. Southern California Edison Company-Electrical-$1,300,000 in 2025 dollars of Rule 20A funds.

1. Spectrum/Time Warner Cable - Existing overhead communication lines are required to be placed underground in accordance with the PUC regulations at no cost to the City.

2. Verizon/Frontier- Existing overhead communication lines are required to be placed underground in accordance with the PUC regulations at no cost to the City.

TOTAL COSTS TO THE CITY AND AFFECTED PROPERTY/BUSINESS
OWNERS
Property and business owners are currently served underground or in the alley west of the District boundary. There is no cost to these owners as a result of the District. The City will expend an estimated $5,000 or less to inspect the repairs after the underground facilities are installed. This cost will be covered by existing staff during normal working hours.

TIME REQUIRED FOR DISTRICT UNDERGROUND INSTALLATION
A conservative estimate of the time to complete the project is December 31, 2028. The Underground utility District funding is dependent upon PUC Rule 20A funding. The timing is dependent on the final design approvals by all agencies, agency approval dates, coordination with other utilities, and timing of permitting.

After the underground facilities are installed, we anticipate that there may be up to one hour that service needs to be interrupted to connect the new underground facilities to those properties already served underground.

Item Number: 2.

SR-24-207
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 1, 2024
Department: City Manager
Prepared by: Doria Wilms, Deputy City Manager
Subject: Professional Services Agreement with The Mural Supply Co. for the Curation of the First Friday Arts and Cultural Event and Mural Program in the Downtown Arts and Culture District
RECOMMENDATION:

Authorize the City Manager to execute a Professional Services Agreement with The Mural Supply Co. for the curation of the First Friday Arts and Cultural Events and Mural Program in the Downtown Arts and Culture District, for a period of eight months, in an amount not to exceed $30,000 per month for a cumulative cost of $240,000, to be funded by the Art in Public Places Fund. If approved, the current proposal would replace the previous mural approval authorized by the City Council in December of 2023.

BACKGROUND:

Over the past several years there has been renewed focus and energy toward the development of the Downtown Arts and Culture District. In 2022, a Downtown Steering Committee comprised of residents and business owners met on several occasions to discuss events and concepts that could breathe life into the Downtown. Residents and travelers are placing increased value on unique attractions and experiences associated with destinations and this trend continues to grow. As an example, a Downtown Study conducted for the City of Desert Hot Springs by students from CalPoly found that art and events in the downtown ranked highly favorable amongst our residents.

In March of 2023, the City of Desert Hot Springs contracted with Casey Zoltan (Known Gallery/The Seventh Letter/The Mural Supply Co.) to curate a unique art installation on an entire building located on the corner of Palm Dr. and Pierson Blvd., the main entrance to Downtown Desert Hot Springs.

TRAV, an American artist, best known for his monumental wall pieces, created an immersive mural with bold patterns, unique compositions, and imagery that is cohesive with the history of Desert Hot Springs. A mural unveiling was held on April 22, 2023, coinciding with the Coachella Valley Music and Arts Festival, in Downtown Desert Hot Springs, which included live music, vendors, food trucks and giveaways.

On December 5, 2023, staff brought forward a proposal for the completion of three additional murals in the downtown, to be completed by separate artists, in an amount not to exceed $60,000.00 per mural, for a cumulative amount of $180,000 for the entire project, to be paid out of the Art in Public Places Fund.

Item Number: 3.

SR-24-207
The City of Desert Hot Springs has an established Art in Public Places Program found in Chapter

17.60 of the Desert Hot Springs Municipal Code. The intent and purpose of the Art in Public Places Program is to promote the public interest and general welfare through the acquisition and installation of public art, and establish requirements and procedures for developer contributions to public art.

The purpose of the Art in Public Places funding is to develop and maintain a visual arts program for the residents and visitors of the City of Desert Hot Springs, to increase tourism in the community, and to enhance the environment and unique character of Desert Hot Springs by providing for the acquisition and maintenance of public art.

DISCUSSION:

Since the timing of the previous proposal that was brought before the City Council in December of 2023, the City has been presented with a separate proposal from local business owner, and worldrenowned art curator, Casey Zoltan, who owns and operates The Seventh Letter, Known Gallery and The Mural Supply Co. Zoltan previously curated the TRAV mural at Palm Dr. and Pierson Blvd that was unveiled in April of 2023.

The Seventh Letter was established in 1998 and is a well-known collective of street artists and designers based in Los Angeles and Southern California. The collective comprises artists who specialize in different mediums, such as graphic design, photography, and painting. The Seventh Letter has been involved in various art shows and events such as Art Basel (Miami, FL), South by South West (Austin, TX), Life is Beautiful (Las Vegas, NV), and ComplexCon (Long Beach, CA), as well as collaborated with numerous brands such as Nike, Converse, Levi’s, and many others. Known Gallery has gained recognition for its exhibitions that showcase the works of emerging and established artists and has hosted shows, book signings, film screenings, and music performances.

The proposed First Friday Arts and Cultural Events would run for a period of eight months, commencing in November, with the unveiling of new murals each month, and would result in a total of (12) murals in the Downtown Arts and Culture District, rather than the (3) that were originally proposed, providing a greater ongoing art experience in the downtown.

These events aim to enhance the Desert Hot Springs art movement by creating mural(s) each month in high visibility areas of the Downtown Arts and Culture District, complemented by a series of First Friday events in the downtown that will highlight art, culture, and community engagement. The project aims to connect artist with the public and drive tourism and economic growth through an integrated approach of art walks, gallery shows, digital content and merchandise.

Each month a minimum of one large scale mural will be painted, at a location designated by the City, by an known artist, curated by Casey Zoltan and Known Gallery/The Mural Supply Co, in the Downtown Arts and Culture District. Artists will be encouraged to incorporate themes relevant to Desert Hot Springs culture and mention Desert Hot Springs in all social media content.

On the First Friday of each month an art walk will be held allowing the public to explore the new mural(s) and connect with other artists and food vendors. Additionally, this monthly event will showcase art in a gallery show. During the Gallery show the artist(s) will be doing live signings and meet and greets. The art walk will highlight the additional murals and street art in the downtown, creating a connected cultural route for attendees. These events will also coincide with Friday Nights on Pierson, bringing additional visibility and traffic to the area and positioning the city as a cultural hub for street art and public art lovers, with the goal of attracting both domestic and international visitors.

Item Number: 3.

SR-24-207
These events also aim to achieve the following:
 Engage the community by encouraging public participation in the arts through accessible, immersive events and experiences.
 Boost economic development by driving foot traffic to local downtown businesses during events and through merchandise sales.
 Strengthen the City’s cultural identity by celebrating the city’s unique character through the featuring of a diverse range of artistic voices and themes.

The original mural proposal offered (3) murals in the downtown at a cost not to exceed $60,000 per mural, for a cumulative amount of $180,000 to be funded through the Art in Public Places Fund. If approved, the current proposal would replace the previous approval and provide (12) murals in the downtown, as well as immersive First Friday events for a period of eight months in an amount not to exceed $30,000 per month for a cumulative cost of $240,000 to be funded by the Art in Public Places Fund.

FISCAL IMPACT:

This expense will utilize the Art in Public Places Fund, account number 110-4320-50-72-0000. There is currently $508,622 available in the Art in Public Places fund. If approved, this agreement would use $240,000 of these funds leaving $268,622 available. Additional budget appropriations will be included in the FY24-25 Mid-year Budget Adjustments.

ATTACHMENTS:
1) Professional Services Agreement - The Mural Supply Co, LLC 2) Casey Zoltan Information
3) First Friday Downtown Mural Proposal - FINAL
Item Number: 3.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
THE MURAL SUPPLY CO.

This Professional Services Agreement (“Agreement”) is made and entered into on October 1, 2024, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and The Mural Supply CO., LLC a Limited Liability Company, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with the curation of twelve (12) murals in the Downtown Art and Culture District and eight (8) monthly First Friday Events as described in the attached Scope of Services (sometimes hereinafter, the “Services”); and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

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

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

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

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect through July 31, 2025, in accordance with this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
Item Number: 3.

The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, Thirty Thousand Dollars and Zero Cents ($30,000.00) per month, for the successful execution of the First Friday Event and Mural Program as described in the Scope of Services attached in a total amount not to exceed Two Hundred Forty Thousand Dollars and Zero Cents ($240,000) for the project period.

Consultant shall be reimbursed reasonable expenses associated with his Services, but only if the expenses are approved in advance in writing by the City Manager.

Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:

Emily Pearson
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
Item Number: 3.

This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.

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

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

Item Number: 3.

c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor- in-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

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

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

OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities.

Item Number: 3.

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

Section 13. CIVIL CODE SECTION 1542 WAIVER
Item Number: 3.

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

Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract; (iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
Item Number: 3.

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

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

LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional Item Number: 3.

and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

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

Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. RESERVED
Section 19. NOTICES
Item Number: 3.

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

To the City: Frank Luckino
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant: Casey Zoltan
The Mural Supply Co, LLC
66435 Pierson Blvd.

Desert Hot Springs, CA 92240
(760) 235-1970
[email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

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

Item Number: 3.

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

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

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

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

Item Number: 3.

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

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

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

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

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

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to Item Number: 3.

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

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

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

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

Section 33. PRINCIPAL REPRESENTATIVES
a. Casey Zoltan shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Frank Luckino shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount Item Number: 3.

which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

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

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

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

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

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

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

Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all Item Number: 3.

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

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

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

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

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

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

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

CITY OF DESERT HOT SPRINGS CONSULTANT
____________________________ ___________________________ Frank Luckino, City Manager Casey Zoltan, Owner
The Mural Co. LLC
ATTEST:
__________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Item Number: 3.

___________________________________
Tuan Vu, City Attorney
Item Number: 3.

ORGANIZATION
Organization Information: Casey Zoltan, The Seventh Letter, Known Gallery, The Mural Supply Co.

Casey Zoltan is the owner and founder of The Seventh Letter and Known Gallery, two world renowned names in the street art world. The Seventh Letter was established in 1998 and is well-known collective of street artists and designers based in Los Angeles and Southern California. Casey has relocated The Seventh Letter headquarters to Downtown Desert Hot Springs. The collective comprises of artists who specialize in different mediums, such as graphic design, photography, and painting. The Seventh Letter has been involved in various art shows and events such as Art Basel (Miami, FL), South by South West (Austin, TX), Life is Beautiful (Las Vegas, NV), and ComplexCon (Long Beach, CA), as well as collaborated with numerous brands such as Nike, Converse, Levi’s, and many others. Known Gallery has gained recognition for its exhibitions that showcase the works of emerging and established artists and has hosted shows by many acclaimed artists such as Anthony Lister, RISK, and Craola.

In addition to displaying art, Known Gallery has also organized events such as book signings, film screenings, and music performances. Casey and the artists at Known Gallery have collaborated with other art institutions and organizations to support the growth of the art community in Los Angeles. The gallery has participated in various charitable events and auctions to raise funds for social causes and provide support to aspiring artists. Overall, both The Seventh Letter and Known Gallery have played significant roles in the development of the street art scene in Los Angeles, The Coachella Valley, and other parts of the world. Casey is a part of Kreatr, a team of innovators from California of the art and creative industry through their Web3 iOS app and technologies. The Kreatr app facilitates connections between artists, collectors, and curators. It enables the certification of physical and digital goods. Kreatr has also formed partnerships with some of the biggest names in the industry, including Known Gallery, Atmosphere, and Flow. The collaboration with Kreatr will allow the City of Desert Hot Springs the ability to showcase the art installations to people all over the world.

Item Number: 3.

The City of Desert Hot Springs and Known Projects Presents:

First Friday Arts and Culture Event
Art & Culture Expansion for the City of Desert Hot Springs, California Objective:

To enhance the Desert Hot Springs art movement by creating a minimum of 0ne (1) new mural each month, for a period of eight months, in high-visibility areas of the Downtown Art and Culture District, complemented by a series of First Friday events in the Downtown that will highlight art, culture, and community engagement. The project aims to connect artists with the public and drive tourism and economic growth through an integrated approach of art walks, gallery shows, digital content, and merchandise.

Project Components:

Monthly Mural Creation:

A minimum of one (1) large-scale mural will be painted each month, at locations designated by the City, by a selected known artist (local, national, or international) curated by The Mural Supply Co, LLC/Known Gallery in the Downtown Art and Culture District for a period of eight months, resulting in a total number of twelve (12) murals at project completion. Artists will be encouraged to incorporate themes relevant to Desert Hot Springs culture and mention Desert Hot Springs in all social media content, interviews, etc.

First Friday Art Walk:

On the First Friday of every month at the mural's completion, an art walk will be held in the Downtown Art and Cultural District, allowing the public to explore the mural in person and connect with other artists, food vendors and much more. The Art Walk will highlight the additional murals and street art in the Downtown, creating a connected cultural route for attendees.

Gallery Art Show at Known Projects:

The monthly featured mural artist will showcase gallery work in a gallery show as part of the First Friday celebration. During the art show the artist(s) will be doing live signings and meet and greets.

Video Release:

A professionally produced video documenting the creation of the mural and the process will be released on the First Friday. The video will highlight the artist’s inspiration, the mural’s impact on the community, and behind-the-scenes footage. The video will be promoted across social media platforms and released on YouTube, Instagram, NTWRK app and other platforms to reach a huge audience. (ref. The 7th Day Project on https://www.youtube.com/@knowngallerystore) Poster Signing at the Event:

A limited-edition poster promoting Desert Hot Springs and the mural will be produced and available for free to locals with Desert Hot Springs zip code ID and for sale for a small fee that will be donated to the Culture and Arts program at the First Friday event. The artist will hold a live signing session during the event to encourage artist-public interaction and generate excitement.

Item Number: 3.

Merchandise Release:

A curated line of merchandise promoting Desert Hot Springs (T-shirts, prints, accessories) will be released at the event. Merchandise will be sold at the Desert Hot Springs booth, Known Projects and simultaneously released on the NTWRK app, expanding access to a global audience.

Gifting Suite:

A VIP gifting suite will be available for selected guests, including but not limited to media and influencers. Gift bags will contain exclusive merchandise, promotional materials, and items from local businesses, reinforcing local partnerships and boosting the event's prestige.

Goals:
-Enhance the City’s Artistic Legacy: Create 12 new murals in the eight-month project period that showcase the city’s creative spirit.
-Engage the Community: Encourage public participation in the arts through accessible, immersive events.
-Boost Economic Development: Drive foot traffic to local downtown businesses during events and through merchandise sales.
-Strengthen the City’s Cultural Identity: Celebrate the city’s unique character by featuring a diverse range of artistic voices and themes.
-Help raise awareness and raise funds for local art programs. -Get the youth motivated with art and teach them how to build an art career and a business.

Attract Tourism:

Position the city as a cultural hub for street art and public art lovers, attracting both domestic and international visitors.

Timeline:

Phase 1: Planning and Artist Selection (IMMEDIATE): Work with city officials and art institutions to identify mural locations and artists.

Phase 2: Execution (8 months): Each mural will be completed within 1 week of the event and unveiled on the First Friday with corresponding events taking place.

Phase 3: Post-Event and Promotion: Continue promotion of the murals and First Friday events throughout the year, maintaining momentum across social and media platforms.

Monthly Budget Estimate: $30,000.00 to include
Artist Fees (per mural)
Mural Production Costs (paint, materials, equipment, lodging, travel) Event Costs (permits, security, lighting, etc.)
Gallery Space, security, bartenders, catalogs, etc.

Video Production (per month)
Marketing and Promotion
Merchandise Production (per release)
Gift Bags and Suite Costs
Item Number: 3.

First Friday Management Costs
Posters for Signings Cost
Partnerships and Sponsors:

The project will seek sponsorship from local businesses, cultural institutions, and national brands to help augment the expense of each phase of the project and ensure the widest possible impact.

Item Number: 3.

SR-24-206
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 1, 2024
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: September 19, 2024 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - September 17, 2024 Item Number: 4.

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Regular Meeting
6:00 PM - Tuesday, September 17, 2024
Council Chambers
PRESENTATIONS - 5:30 P.M.

Palm Springs Airport Master Plan Presentation
Mark Waier, Daley Strategies, and Victoria Carpenter, Palm Springs Airport Administration Manager, presented the Palm Springs Airport Master Plan, and responded to questions.

Grupo Folklorico Tonantzin
Mayor Matas and the City Council presented a Certificate of Recognition to Grupo Folklorico Tonantzin in honor of their achievements in showcasing Mexican culture through the art of dance.

REGULAR SESSION - 6:00 P.M.

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

A moment of silence was held in memory of Adam Ritch.

ROLL CALL

Present:

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

INVOCATION
Pastor Thomas Tarrant gave the Invocation

PLEDGE OF ALLEGIANCE
Councilmember Gardner led the Pledge of Allegiance.

Item Number: 4.

City Council
September 17, 2024

APPROVAL OF AGENDA
ACTION: Approve the September 19, 2024, Regular Meeting agenda, and approve the Consent Calendar except for Items 6, 7, and 11.

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

PUBLIC COMMENTS
Barbara Valadez spoke regarding the Senior Center.

Juanita Clifton spoke regarding the Senior Center.

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

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

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

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

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

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

PUBLIC HEARINGS:

1. Ordinance Amending Chapter of Title 17, Zoning Ordinance: creating “Chapter 17.18 (Visitor-Serving Districts)"
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: "An Ordinance of the City Item Number: 4.

City Council
September 17, 2024
Council of the City of Desert Hot Springs, California, amending Title 17, Zoning Ordinance, to create “Chapter 17.18 (Visitor-Serving Districts).” Staff Report - SR-24-182 - Pdf
Travis Clark, Community Development Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

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

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

2. Deferred Development Impact Fees Agreement with Snider Investments LLC, for PODs Project, Development Permit Number 22-4, 654640 19th Avenue
Recommendation:
1) Consider a request from Snider Investments LLC(Developer) to enter into a Deferred Development Impact Fee Agreement with Attached Lien Agreement (“Agreement”), which would allow the Developer to defer the development impact fees (“DIFs”) in the amount of $292,200.00, and make $25,000.00 monthly payment until paid in full; and
2) Should the City Council approve the Developer’s request to defer the DIFs and enter into the Agreement, authorize the City Manager to negotiate and execute the Agreement.

Staff Report - SR-24-197 - Pdf
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

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

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

3. Agreement for Public Improvements with Snider Investments LLC, for PODs Project, Development Permit Number 22-4, 64640 19th Avenue Item Number: 4.

City Council
September 17, 2024
Recommendation:

Authorize the City Manager to negotiate and execute the Agreement for Public Improvements between the City and Snider Investments LLC for public improvements related to PODs Project, Development Permit Number 22-4, located at 64640 19th Avenue.

Staff Report - SR-24-198 - Pdf
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

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

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

4. Formation of Underground Utility District Area Number 2 – Indian Canyon Drive between 19th Avenue and 20th Avenue
Recommendation:

Adopt a Resolution of the City Council calling for a public hearing on October 1, 2024 to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within Area No. 2, which is along Indian Canyon Drive between 19th Avenue and 20th Avenue.

Staff Report - SR-24-194 - Pdf
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2024-038.

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:

5. City Council Regular Meeting Minutes: September 3, 2024 Staff Report - SR-24-195 - Pdf
ACTION: Approved the minutes as presented.

6. Professional Services Agreement with JNS Media Specialist for City-Wide Marketing Services
Item Number: 4.

City Council
September 17, 2024
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with JNS Media Specialists, Inc. for city-wide brand development, creative and marketing services in an amount not to exceed $100,000 annually, for one year, with the option to extend for two additional one-year terms subject to a duly approved budget.

Staff Report - SR-24-193 - Pdf
Doria Wilms, Deputy City Manager, 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

7. Award Professional Services Agreement to CR Associates for Professional Public Outreach and Urban Planning Services for the Active Transportation Safety and Connectivity Plan
Recommendation:

Authorize the City Manager to execute the Professional Services Agreement to perform Professional Public Outreach and Urban Planning Services the Desert Hot Springs Active Transportation Safety and Connectivity Plan with CR Associates (CRA) in the amount not to exceed $416,130.

Staff Report - SR-24-199 - Pdf
Daniel Porras, Assistant City Manager, responded to questions.

Elliot Lew Griffin spoke.

ACTION: Approve Staff recommendation.

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

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

8. Professional Services Agreement with 29 Palms Farmers Market for Friday Nights on Pierson
Staff Report - SR-24-196 - Pdf
Written comments were received from Michael P. Duff.

ACTION: Approved Staff recommendation to authorize the City Manager to Item Number: 4.

City Council
September 17, 2024
execute a Professional Services Agreement with 29 Palms Farmers Market to facilitate and manage Friday Nights on Pierson for a period of five years, with the City continuing to cover the costs of the event for the first year in amount not to exceed $72,500, paid out at $1500.00 per week, for each event held, to be paid monthly in an amount not to exceed $6,000.00 per month.

9. Transportation Uniform Mitigation Fee (TUMF) Inflation Adjustment for Calendar Year 2025
Staff Report - SR-24-183 - Pdf
ACTION: Approved Staff recommendation to adopt Resolution No. 2024-039:
“A Resolution of the City Council adjusting the Transportation Uniform Mitigation Fee (TUMF) pursuant to Coachella Valley Association of Government's request for Calendar Year 2025.”

10. Conflict of Interest Code Biennial Review and Update Staff Report - SR-24-191 - Pdf
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code.

ACTION: Approved Staff recommendation and adopted Resolution No. 2024- 040: “A Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code.”

11. Designation of Voting Delegate and Alternate(s) for the 2024 Cal Cities Annual Conference
Recommendation:

Appoint one (1) voting delegate and up to two (2) alternates for the 2024 Cal Cities Annual Conference.

Staff Report - SR-24-192 - Pdf
ACTION: Appoint Councilmember Nuñez as the voting delegate.

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

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

PUBLIC COMMENTS
None.

ADJOURN
Item Number: 4.

City Council
September 17, 2024
Mayor Matas adjourned the meeting at 7:37 PM.

Jerryl Soriano, CMC, City Clerk
Item Number: 4.

SR-24-200
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 1, 2024
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Compliance Director
Subject: Cannabis Business Regulations Amendment
RECOMMENDATION:

Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 5.50 ("Cannabis Businesses") and Sections Thereof of the Desert Hot Springs Municipal Code (DHSMC)." BACKGROUND:

Chapter 5.50, "Cannabis Businesses," of the Desert Hot Springs Municipal Code regulates the operating conditions of cannabis facilities, such as business hours, security plans, background checks, odor control, permitting, and subletting.

The City of Desert Hot Springs enacted several new regulations last year to make cannabis facility regulations less onerous. To continue to this endeavor the proposed ordinance aims to amend and streamline cannabis permitting processes and amend cannabis regulations.

DISCUSSION:

The proposed ordinance will amend the following Cannabis Business regulations of the Desert Hot Springs Municipal Code:
1) In recent years, the cannabis industry in California has faced economic hardships, requiring the downsizing of many facilities into small spaces. As such, the proposed amendments of section

5.50.080, "General Operating Requirements," will allow duly permitted operational cannabis facilities to sublet a designated portion of their premises.
2) The City of Desert Hot Spring Cannabis Compliance Division has amended the cannabis regulatory permit process to run concurrently with the California Department of Cannabis Control in an effort to expedite permit issuance. As such, the proposed amendment of section 5.50.040, "Cannabis Facilities Regulatory Permit Application Process," would no longer require obtaining a State license to be a prerequisite for applying for a cannabis regulatory permit. 3) Amend section 5.50.040, "Cannabis Definitions," to define the term "operational" as it relates to the operational status of a cannabis facility.

Item Number: 5.

SR-24-200
FISCAL IMPACT:

There is no fiscal impact.

ENVIRONMENTAL ANALYSIS:

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

ATTACHMENTS:
1) Proposed Ordinance
Item Number: 5.

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.50
“CANNABIS BUSINESSES” AND SECTIONS THEREOF OF THE
DESERT HOT SPRINGS MUNICIPAL CODE (“DHSMC”)
WHEREAS, the City of Desert Hot Springs (“City”) is a municipal corporation and a charter city; and
WHEREAS, Chapter 5.50 of the Desert Hot Springs Municipal Code regulates the operating conditions of cannabis facilities, such as business hours, security plans, background checks, odor control, and subletting of cannabis facilities; and WHEREAS, in recent years, the cannabis industry in California has faced economic hardships requiring the downsizing of many facilities into smaller spaces; and
WHEREAS, the City has enacted several ordinances in the last year aimed at creating less onerous regulations for cannabis facilities; and WHEREAS, the City processes cannabis regulatory permits concurrently with the California Department of Cannabis Control Licensing; and WHEREAS, the City Council desires to amend Chapter 5.50 of the Desert Hot Springs Municipal Code to update regulations related to the subletting of suites of permitted operational cannabis facilities and cannabis regulatory permit application requirements in the City of Desert Hot Springs; and
WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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

Section 1. RECITALS
Item Number: 5.

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

Section 2. AMENDMENT OF SECTION 5.50.080 "GENERAL OPERATING REQUIREMENTS” OF CHAPTER 5.50 "CANNABIS
BUSINESSES” OF THE DESERT HOT SPRINGS MUNICIPAL
CODE

5.50.080 General Operating Requirements
All cannabis facilities must comply with the requirements set forth in this section.

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

B. Every cannabis facility shall maintain and update on a monthly basis a roster of current owners, employees, temporary employees, independent contractors, and any other person engaged in the operation of the cannabis facility. The roster must include names, each individual cannabis identification number (CID) and date of hire. The roster shall be made available for inspection or copying by the City Manager or designee upon written or oral request. Notwithstanding anything to the contrary in this section, the cannabis facility shall immediately notify the City of any new or different employees, independent contractors, and any other person engaged in the operation of the cannabis facility in order to conduct a background check under Section 5.50.050.

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

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

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

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

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

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

Item Number: 5.

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

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

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

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

L. An operational and duly permitted cannabis facility operating under a lease agreement may sublet a designated portion of their premises to another duly permitted cannabis business for use as a separate cannabis facility provided that the following conditions are met:

A. The lease agreement does not prohibit transfers of leasehold interests.

B. The cannabis facilities must be physically separated.

C. Although the facilities may be located on the same premises, neither facility may utilize the same entry. Each facility must have their own individual ingress and egress points, and there shall not be a common access door to enter one facility from the other.

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

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

Item Number: 5.

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

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

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or

2. An air system that creates negative air pressure between the cannabis facility’s interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.

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

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

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

Item Number: 5.

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

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

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

Section 3. AMENDMENT OF SECTION 5.50.040 "CANNABIS FACILITIES REGULATORY PERMIT APPLICATION PROCESS” OF
CHAPTER 5.50 "CANNABIS BUSINESSES” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE

5.50.040 CANNABIS FACILITIES REGULATORY PERMIT PROCESS
Every owner must complete each of the following steps prior to submitting an application for a cannabis facilities regulatory permit:

1. Secure all necessary land use entitlements as required by the City of Desert Hot Springs Zoning Code for the premises of the cannabis facility.

2. Obtain Apply for a valid State license pursuant to California Business and Professions Code Section 26000 et seq.

3. Secure building permits.

Section 4. AMENDMENT OF SECTION 5.50.020 "CANNABIS
DEFINITIONS” OF CHAPTER 5.50 "CANNABIS BUSINESSES”

OF THE DESERT HOT SPRINGS MUNICIPAL CODE

5.50.020 Definitions
Words and phrases not specifically defined in this Code shall have the meaning ascribed to them as defined in the following sources:

Item Number: 5.

A. The Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5).

B. The Medical Marijuana Program Act (California Health and Safety Code Sections 11362.7 through 11362.83).

C. Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26211).

D. When used in this chapter, the defined terms in Chapter 17.180 of the municipal code shall have the same meanings for this chapter. “Cannabis” and “marijuana” have the same meaning and are used interchangeably.

E. When used in this chapter, references to State law include the laws as may be amended.
“Applicant” means any person applying for a permit or a renewal of a permit pursuant to this chapter.
“Cannabis” or “marijuana” shall have the same meaning as provided in Health and Safety Code Section 11018, as amended (which code section used to define marijuana). The terms cannabis and marijuana shall be used interchangeably in this chapter.
“Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis goods into the human body. “Cannabis business park” means a property owned by a private party or entity located in a commercial or industrial district that leases or sells or otherwise uses structures, parcels, or lots therein to two or more cannabis facilities engaged in commercial cannabis activity and which provides for the park security, amenities, improvements, and landscaping for the cannabis facilities therein. “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

Item Number: 5.

“Cannabis cultivation facility” means a facility wherein cannabis is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking, or trimmed, or wherein all or any combination of those activities takes place. “Cannabis distribution facility” means any facility or location, the primary function of which is the procurement, sale, and/or transport of cannabis and/or cannabis goods between entities operating in strict accordance with State law, as may be amended from time to time, and subject to the provisions of this chapter and the City’s Municipal Code.
“Cannabis facility” means any business or operation that engages in commercial cannabis activity or medicinal cannabis, and includes every cannabis facility type defined in this chapter and in Chapter 17.180 of this Code. “Cannabis goods” means cannabis, including dried flower, and products containing cannabis.
“Cannabis manufacturing facility” means a facility where the production of cannabis concentrate, and/or the preparation, propagation, or compounding of manufactured cannabis, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of cannabis or cannabis goods, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid cannabis manufacturing facility license, a cannabis regulatory permit, and a conditional use permit all issued in accordance with this chapter and the City’s Municipal Code, and provided that the facility will qualify for a valid State license when the State of California begins issuing State licenses to cannabis manufacturers.
“Cannabis testing facility” shall have the same definition as in the Business and Professions Code Section 26001, as may be amended, which currently means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis goods and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; (2) licensed by the Bureau of Cannabis Control, and regulated by Section 5700 et seq., as may be amended of Title 16 of the California Code of Regulations.
“City” means the City of Desert Hot Springs.
“Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensing, or sale of cannabis and cannabis goods, or any other cannabis activity allowed in this Code.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Item Number: 5.

“Cultivator” means cannabis facilities licensed as a cultivation site or as a cultivator pursuant to California Business and Professions Code Section 19300 et seq., or pursuant to California Business and Professions Code Section 26000 et seq.
“Delivery” means the commercial transfer of cannabis or cannabis goods from a State licensed distributor or retailer wherever located, to an adult 21 years of age or older, qualified patient, or primary caregiver located in the City of Desert Hot Springs, and shall include the use of any technology platform that enables adults 21 years of age or older, qualified patients, or primary caregivers located in Desert Hot Springs to arrange for or facilitate the commercial transfer of cannabis or cannabis products.
“Distribution” means the procurement, sale, or transport of cannabis or cannabis goods either within the City limits, or to and from the City from a place outside the City limits, from a permitted business location of a licensed entity to a permitted business location of another licensed entity subject to State laws and regulations and subject to the provisions of this chapter and the City’s Municipal Code .“Legal parcel” means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter.
“Light manufacturer” means a person or entity that conducts the production, preparation, or compounding of cannabis or cannabis goods either directly or indirectly not using any kind of extraction method what-soever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis goods or labels or relabels its container. “Light manufacturing facility” means a facility that conducts the production, preparation, or compounding of cannabis or cannabis goods either directly or indirectly not using any kind of extraction method what-soever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis goods or labels or relabels its container. “Limited-access area” means an area within a cannabis facility in which cannabis goods are stored or held and is only accessible to a permittee, owner, employees or authorized individuals.
“Manufacturer” means a person or entity that conducts the production, preparation, propagation, or compounding of cannabis or cannabis goods either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis goods or labels or relabels its container.

Item Number: 5.

“Medicinal cannabis” or “medicinal cannabis good” means cannabis or a cannabis good, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.
“Nonstorefront retail facility” shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5414 to 5427 et seq., in the California Code of Regulations, as may be amended. Currently, this is a delivery only retail facility which sells cannabis to a customer solely and exclusively by delivery.
“Off-site sales” means the sale of cannabis for consumption off the premises. “On-site sales” means the sale of cannabis for consumption on the premises. "Operational” means a permitted cannabis facility with ongoing and recurring commercial or medicinal cannabis activities.
“Owner” or “owners” means any of the following:

1. A person with an aggregate ownership interest of 20% or more in a cannabis facility, or in the person applying for a cannabis facilities regulatory permit.

2. The manager of a nonprofit or other entity.

3. A member of the board of directors of a non-profit or for-profit entity.

4. All persons with an aggregate ownership interest of 20% or more in a cannabis facility, including, but not limited to:
a. A general partner of a cannabis facility that is organized as a partnership.
b. A non-member manager or managing member of a cannabis facility that is organized as a limited liability company.
c. Any person holding a voting interest in a partnership, association, or limited liability company.
d. All officers or directors of a cannabis facility that is organized as a corporation and all shareholders who individually own more than 20% of the issued and outstanding stock of the corporation.

5. A person who will be participating in the direction, control, or management of a cannabis facility.
“Permittee” means any business entity possessing a cannabis facilities regulatory permit pursuant to this chapter.

Item Number: 5.

“Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
“Retail area” means a building, room, or other area that is open to the public, upon the licensed retailer or licensed microbusiness premises authorized to engage in retail sales in which cannabis goods are sold or displayed. “Storefront retail facility” shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5400 to 5413 et seq., in the California Code of Regulations, as may be amended. Currently, this is a retail facility which sells and/or delivers cannabis or cannabis goods to customers. A storefront retail facility shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted.

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

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

Section 7. AMENDING OF BAIL SCHEDULE

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

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

Section 9. CERTIFICATION
Item Number: 5.

The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Scott Matas, Mayor
ATTEST:
_________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_________________________________
Tuan-Anh Vu, City Attorney
Item Number: 5.

SR-24-205
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 1, 2024
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance Amending Chapter of Title 17, Zoning Ordinance Creating “Chapter 17.18 (Visitor-Serving Districts)" RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Title 17, Zoning Ordinance, to create “Chapter 17.18 (Visitor-Serving Districts).”
BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on September 19, 2024.

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

FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

In accordance with the provisions of the California Environmental Quality Act (“CEQA”), this project is Categorically Exempt from environmental review pursuant to Section No. 15061(b)(3) of the California Environmental Quality Act because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:
1) Staff Report from September 17, 2024
2) Proposed Ordinance - Chapter 17.14 Mixed-Use Districts w/ PC Changes Item Number: 6.

SR-24-182
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 17, 2024
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Ordinance Amending Chapter of Title 17, Zoning Ordinance: creating “Chapter 17.18 (Visitor-Serving Districts)"
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Title 17, Zoning Ordinance, to create “Chapter 17.18 (Visitor-Serving Districts).”
BACKGROUND:

The City received funding from the State to assist with modifications to Title 17, Zoning Ordinance.

Specifically, the State is requiring the City to remove barriers to create additional housing opportunities, including affordable housing. Housing developments are now uses allowed by right versus discretionary in the appropriate zones. These projects need to be reviewed in conformance with objective standards and requirements only. The City is required to streamline the approval of new housing projects. Any updates to the code required by the Housing Element Update need to be made in this effort. For these reasons, the City is undertaking an effort to update and amend Title 17, Zoning Ordinance of the Desert Hot Springs Municipal Code. In doing so, an effort is also being made to clean up other parts of the code including:
 Clarifying language in the chapters that is ambiguous or contradictory  Simplifying language throughout the Zoning Ordinance
 Performing an internal consistency check across all chapters of the Zoning Ordinance  Performing a consistency check with the General Plan
Item Number: 6.

SR-24-182
DISCUSSION:

The Visitor-Serving zoning districts cover a portion of the city where the natural mineral water and hot mineral water aquifers are located. This is a great resource for the city and spurred the development of hotels and spas in the City. The purpose of these districts is to provide areas appropriate for accommodations, goods, and services intended to primarily serve visitors to the City while respecting the surrounding residential neighborhoods. The City is beginning to see a resurgence in interest in reviving the existing hotels, resorts, and spas as well as building new ones.

These zones are primarily located in two main clusters within the city. The first cluster is along either side of Palm Drive north of Downtown to approximately Mission Lakes Boulevard. This area has a mix of both large and small hotels, motels, resorts, and spas. The second cluster is centered on eastern Hacienda Avenue with both large and small hotels and spas located north and south of this main artery within the City.

There are two zoning districts within the Visitor-Serving Land Use defined in the 2020 General Plan.

The first is Visitor-Serving Mixed which is generally occupied by smaller hotels, motels, resorts, and spas amongst single-family and multi-family housing with limited commercial uses. The second is Visitor-Serving Commercial which generally contains more intensive lodging land uses amongst multifamily residential. It is home to the larger hotels, motels, resorts, and spas such as Miracle Springs Resort and Spa, the Desert Hot Springs Spa Hotel, and the Soluna (Hyundae) Resort and Spa (under renovation) on north Palm Drive. Azure Palms and Relax Hotel and Spa (closed) are located on Hacienda Avenue. The Visitor-Serving Commercial zoning district also contains a large amount of vacant land where future lodging can be developed.

This zoning text update is intended to do two things. First, combine both Visitor-Serving zoning districts into a single chapter for ease of use. Visitor-Serving Mixed was within the Mixed-Use districts chapter and Visitor-Serving Commercial was within the Commercial districts chapter. Secondly, the districts have been updated to align with the current zoning map. The previous Visitor-Serving and Visitors-Serving Village mostly became Visitor-Serving Commercial. The previous Visitor-Serving Corridor was split into Visitor-Serving Mixed (for the existing lower intensive land uses) and VisitorServing Commercial (for the more intensive land uses) in the 2020 update to the General Plan.

In updating these zoning regulations and guidelines, language was pulled from the General Plan, the existing code from both the Mixed-Use and Commercial chapters, and new language added.

The changes can be broken down into three main categories of land use for each district: residential, commercial, and lodging (resort, spa, hotel, and motel development) Residential Development
Changes to residential land uses within these districts were made to align with the requirements of Chapter 17.08 Residential Districts for both single-family and multi-family uses. Since the VisitorServing districts are surrounded by Residential-Low and Residential-Medium zoning districts, it was logical that residential development within Visitor-Serving zones follow the same standards and guidelines. Thus, Chapter 17.08, Residential Districts is referenced for new residential development in Visitor-Serving zoning districts..

Item Number: 6.

SR-24-182
Commercial Development
Limited commercial development is allowed within each Visitor-Serving zoning district but it is intended to accommodate boutique-type shops, restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving commercial uses. The commercial uses are intended to complement the lodging uses within these districts. As such, the regulations and guidelines are written with this perspective. Shopping centers and strip malls are prohibited.

Lodging Development
Lodging development text was generally borrowed from the existing text but with some changes:
 Architecture. The mid-century architectural style is encouraged as it complements the existing architecture of the historic spas.
 Amenities are required. There is a number of amenities that are required based on the number of rooms or units. These can be traditional amenities such as swimming pools and mineral water spas, or newer ones such as yoga or mediation rooms. This requirement is not expected to be a burden on new development since new lodging development desires more amenities to improve the visitor experience.
 Re-establishment of hotel, motel, resort, and spa. The City is encouraging the revival of long dormant and vacant lodging without unduly burdening redevelopment and renovation of such properties. However, there are certain minimum requirements that these facilities should meet such as ADA accessibility and parking, provision of trash enclosures, etc. For these reasons, the requirement of an Administrative Use Permit is included in the use table for this use.  Establishment of height limits for Visitor-Serving Commercial. The General Plan provides for a typical building height of "2 to 5 stories for Spa/Resort uses" in the Visitor-Serving District. The maximum height is 30 feet in the current code. It impossible to build a 5 story building within 30 feet. To resolve this discrepancy, the maximum by-right building height is established at 30 feet with the ability for the Planning Commission to increase the height through a CUP. For reference, the tallest hotel structure in the City is the Soluna (Hyundae) Hotel which is four stories facing Palm Drive but it has a basement, so is 5 stories from the rear. It is estimated to be about 50+ feet tall with the basement.
 Camping/Glamping is proposed to be allowed in the Visitor-Serving Commercial district zone only and under certain conditions: The use must occur on parcels that are at least five (5) acres or more; provisions for permanent restrooms and bathrooms are made; amenities are required as in all lodging facilities, and stays are limited to 28 days. Camping/Glamping facilities would require approval by the Planning Commission with a CUP.

Planning Commission Changes
The Planning Commission made two (2) changes to the proposed ordinance. First, they recommended increasing the number of amenities required for each size of lodging development by one (1). And second, the Commission recommended against using reflective surfaces for fencing or on the building façade.

FISCAL IMPACT:

None
Item Number: 6.

SR-24-182
ENVIRONMENTAL ANALYSIS:

In accordance with the provisions of the California Environmental Quality Act (“CEQA”), this project is Categorically Exempt from environmental review pursuant to Section No. 15061(b)(3) of the California Environmental Quality Act because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:
1) Proposed Ordinance - Chapter 17.14 Mixed-Use Districts w/ PC Changes 2) Chapter 17.14 Mixed-Use Districts- PREVIOUS
3) Chapter 17.12 Commercial Districts- PREVIOUS
Item Number: 6.

1 ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS CREATING THE FOLLOWING CHAPTER OF TITLE 17, ZONING ORDINANCE: CHAPTER 17.18 (VISITOR-SERVING

DISTRICTS)
WHEREAS, pursuant to the authority granted the City of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, adoption and enforcement of comprehensive zoning regulations and other land use regulations lies within the City’s police power; and WHEREAS, the City is in the process drafting a comprehensive overhaul to Title 17, making substantive changes, as well as amending chapters for internal consistency; and
WHEREAS, this Ordinance will add Chapter 17.18 to Title 17 of the Desert Hot Springs Municipal Code; and
WHEREAS, this Ordinance is consistent with the General Plan; and WHEREAS, this Ordinance is for the benefit of the public health, safety and welfare.

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

Section 1. RECITALS

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

Section 2. ADDITION OF CHAPTER 17.18 (“VISITOR-SERVING
DISTRICTS”) TO TITLE 17 (“ZONING”) OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
That the City Council hereby adds the following Chapter of the Desert Hot Springs Municipal Code as follows:
1) Chapter 17.18 “Visitor-Serving Districts) shall be created as per Exhibit A, which is incorporated herein.

Section 3. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Item Number: 6.

2 Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.

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

Section 5. AMENDING OF BAIL SCHEDULE
The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 6. EFFECTIVE DATE

This ordinance shall become effective 30 days after its second reading.

PASSED AND ADOPTED by the City Council at a regular meeting held on _________________, by the following vote:

AYES:

NOES:

ABSENT:

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

APPROVED AS TO FORM:
_________________________________
Tuan-Anh Vu, City Attorney

Item Number: 6.

EXHIBT A
Chapter 17.18 Visitor-Serving Districts
Sections:

17.18.010 Purpose.

17.18.020 Permitted uses.

17.18.030 General development standards.

17.08.040 Visitor-Serving Mixed District developments standards and guidelines.

17.08.050 Visitor-Serving Commercial District development standards and guidelines.

17.18.010 Purpose.

A. VS-C (Visitor-Serving Commercial). This district is intended to provide areas appropriate for accommodations, goods, and services primarily intended to serve visitors to the City. The district is meant to foster increased tourist and visitor-related activities; support the maintenance and enhancement of existing hot mineral spas, and encourage development of similar new facilities, in particular “destination resort spas” and hotels that utilize the City’s subsurface hot mineral water. Allowed are small (up to 15 rooms), medium (16 to 50 rooms) to large (over 51 rooms) accommodations including hotels, motels, resorts and spas. Also allowed are attached residential uses at a maximum density of 15 dwelling units per acre.

B. VS-M (Visitor-Serving Mixed) This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve visitors to the City. Also allowed are detached and attached residential uses at a maximum density of 15 dwelling units per acre. Either commercial or residential development is allowed, but not concurrently on the same property.

17.08.020 Permitted uses.

TABLE 17. 18.01
PERMITTED USES – VISITOR SERVING DISTRICTS

USE VISITOR SERVING DISTRICTS CODE

SECTION VS-M VS-C

BUSINESS, FINANCIAL, AND PROFESSIONAL OFFICE
Automated Teller Machines(ATMs) – Driveup__ P
Business Support Services A A
Item Number: 6.

Check Cashing and/or Payday Loans __ __
Financial Institutions and Related
Services(without drive-through facilities)
__ P
Financial Institutions and Related
Services(with drive-through facilities) - -
Office, Business and Professional CUP P

EATING AND DRINKING ESTABLISHMENTS
Bars, Lounges, Nightclubs, and Tasting
Rooms

CUP CUP
Food Preparation/Catering (no on-site sales or
service)
AUP A
Food Preparation/Catering (with on-site sales
or service)
AUP A
Restaurant – Full or Limited Service, Serving
Alcohol

AUP AUP
Restaurant – Full or Limited Service, No
Alcohol Sales
P P
Restaurant with Drive-through Facilities - -
Snack Bar A A
Mobile food vending vehicle parks - -
Mobile food vending vehicle parks - Ancillary AUP AUP

INDUSTRY, MANUFACTURING AND PROCESSING, AND WAREHOUSING Brewery, Winery, or Distillery CUP CUP
Data Centers - -
Hazardous Waste Facilities - -
Food Processing - -
Furniture and fixtures manufacturing, cabinet
shops, and woodworking shops (wholesale
sales only)
- -
Laboratory – Medical, Analytical, Research,
Testing
- -
Laundries and Dry-Cleaning Plants - -
Manufacturing – Heavy - -
Manufacturing – Light - -
Recycling - -
Small Collection Facility* - A
Large Collection Facility* - -
Light Processing* - -
Heavy Processing* - -
Reverse Vending Machine - -
Research and Development - -
Storage – Outdoor - -
Warehouse, Wholesaling and Distribution - -
Item Number: 6.

LODGING
Hotel or Motel (without spa) CUP P
Spa Resort CUP P
Day Spa CUP P
Re-establishment of inactive or vacant
Hotel, Motel, or Spa Resort

AUP AUP
Emergency Shelter/Low Barrier Navigation
Center
P P
Camping/Glamping - CUP* *On
properties a
minimum of
5 acres in
size

MARIJUANA USES
Marijuana/Cannabis Non-storefront Retail - -
Marijuana/Cannabis Distribution - -
Marijuana/Cannabis Cultivation - -
Marijuana/Cannabis Lounge - Consumption
Space

CUP CUP
Marijuana/Cannabis Hotel Facilities CUP CUP
Marijuana/Cannabis Manufacturing - -
Marijuana/Cannabis Storefront Retail __ __
Marijuana/CannabisTesting Facilities - -

MEDICAL-RELATED AND CARE USES
Ambulance Fleet - -
Clinic and Urgent Care - -
Day Care Center CUP -
Therapy and Rehabilitation Facilities CUP CUP
Hospital - -
Office, Medical and Dental Office CUP CUP
Residential Care Facilities (Commercial
Assisted Living, Nursing Home)

CUP CUP

PUBLIC AND ASSEMBLY USES
Cultural Institutions P P
Event Facility, Event Center, Event Venue CUP P
Public Assembly Facilities CUP CUP
Religious Assembly Facilities CUP CUP
Schools, Private CUP -
Trade and Vocational Schools - -
Tutoring and Education Centers AUP AUP

RECREATION AND ENTERTAINMENT
Arcade/Electronic Game Center A A
Art Gallery P P
Commercial Recreation – Indoors - P
Commercial Recreation – Outdoors - CUP
Item Number: 6.

Entertainment, Indoor (motion picture
theaters, performance theatres, dance halls
and similar)
-P
Health/Fitness Facilities– SmallAP
Health/Fitness Facilities– Large- CUP

RESIDENTIAL
Accessory Dwelling UnitP-
Dwelling, MultifamilyPP
Dwelling, Single-FamilyP-
Home OccupationsA-
Hotel/Motel to Residential Conversion CUP CUP
Live/Work Unit AUP AUP
Single Room Occupancy (SRO)--
Supportive Housing(Senior
Citizens/Congregate Care Housing)
P-
Transitional HousingP-

RETAIL USES
Alcohol Beverage Sales
ForOff-Site Consumption-CUP
For On-Site orOff-Site Consumption, in
Conjunction with an Allowed Use

CUP CUP
Building Materials and Services, Indoor--
Building Materials and Services, Outdoor--
Convenience Store, No Alcohol Sales CUPP
Convenience Store, with AlcoholSales CUP CUP
Farmers’ Market TUP TUP
Grocery Store CUPP
Indoor Retail Concessions AUPP
Mini-mall (Strip-mall)--
Nurseries and Garden CentersAUPP
OutdoorTemporary and/or Seasonal Sales TUP TUP
Recreational Equipment Rentals– Indoor
Only
PP
Retail Sales– General AUPP
Retail Sales– Restricted (firearm and
ammunition stores, pawn shops, and
jewelry/gold exchanges)
--
Vehicle Sales and Rental--
LargeVehicle, Construction, and Heavy
Equipment Sales, Service, and Rental
--

SERVICE USES
Animal Care, Services
Animal Boarding/Kennels, Grooming- CUP
Veterinary Services, Large Animal--
Veterinary Services, Small Animal- CUP
Funeral Parlors and Internment Services--
Instructional Services-P
Maintenance and Repair Services– Indoor- CUP
Item Number: 6.

Moving Companies, Storage Allowed - -
Personal Services, General CUP P
Personal Services, Restricted (massage
establishments, day spa with massage)

CUP CUP
Recording Studio - CUP
Social Service Facilities - --
Storage
Personal - -
Outdoor Recreational Vehicle Storage - -
Vehicle Repair and Services
Service/Fueling Station - -
Vehicle Washing/Detailing - -
Vehicle Service, Minor - -
Vehicle Service, Major
- -

TRANSPORTATION, COMMUNICATION, AND INFRASTRUCTURE USES
Car Sharing – Parking CUP AUP
Parking Facility – Temporary TUP TUP
Utility Facilities – Staffed - -
Utility Facility – Unstaffed - AUP
Vehicle Charging Stations – Commercial A P
Vehicle Storage - -
Wireless Communication Facilities – Minor AUP AUP
Wireless Communication Facilities – Major - CUP
Wireless Telecommunication Facilities,
Satellite Dish Antenna
P P

OTHER USES
Caretaker Quarters A A
Donation Boxes – Outdoors - -
Drive-Through or Drive-Up Facilities - -
Vending Machine A A
Adult Oriented Businesses - -

17.18.030 General development standards
A. General Standards. The following standards are minimum unless stated as maximum. The following standards shall apply to development in all Visitor-Serving districts, except as otherwise provided for in this Zoning Ordinance.

1. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses e.g. patio dining areas shall be approved with a Development Permit from the Approval Authority.

2. Outdoor storage. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; Item Number: 6.

tents; equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

3. Trash enclosures required. Every parcel with a commercial, hospitality, or multi-family use (5 or more units), excluding single-family residential, shall have a trash and recycling enclosure on the premises. The trash and recycling enclosure shall comply with adopted standards and be of sufficient size to accommodate the trash and recycling generated by the use. The receptacle(s) shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. The gate shall be maintained in working order and shall remain closed except when in use. A trellis or roof shall be installed over the enclosure to prevent unauthorized use and debris from blowing out. The wall and gate shall be architecturally compatible with the surrounding structures. Recycling facilities and programs shall be incorporated into refuse storage/disposal areas.

4. Screening of rooftop equipment. All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting lot, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof parapet or screened in a manner which is architecturally integrated with the main structure(s).

5. Transit Occupancy Tax. All resorts, spas, hotels, and motels shall be subject to the transit occupancy tax (TOT) where applicable.

6. Amenities required. Amenities are required for all lodging uses. a. All hotels, motels, resorts, or spas are required to provide for a minimal amount of amenities based on room/unit count:
i. 1 – 15 rooms – 2 amenities
ii. 16- 30 rooms – 3 amenities
iii. 31- 50 rooms – 4 amenities
iv. 51 - 100 rooms - 5 amenities
v. 100 rooms or more – 6 amenities
b. Amenities can be either indoors or outdoors and include swimming pools, hot and cold water mineral spas, yoga, meditation, and exercise rooms or areas, massage rooms, courts for racquet sports, lawn bowling and bocci ball spaces, horseshoe and cornhole pits, and other wellness amenities as deemed by the Community Development Director as meeting this requirement.

7. Re-establishment of lodging.
a. Hotels, motels, resorts, and spas that have been vacant for 3 or more years or used for multi-family purposes can be re-established for a lodging use with an Administrative Use Permit.

Item Number: 6.

b. To the extent possible, these accommodations should meet ADA accessibility requirements as well as provide for a trash enclosure.
c. Such accommodations shall provide for amenities per the requirements of this chapter.

8. Design criteria as outlined Sections 17.18.040 and 17.18.050 applicable to the respective development type within the Visitor-Serving districts shall apply and are in addition to the standards of Table 17.18.02.

9. Reflective surfaces on fencing and building facades is prohibited.

TABLE 17.18.02
DEVELOPMENT STANDARDS – VISITOR SERVING DISTRICTS

DEVELOPMENT

STANDARDS

VS-M VS-C

DENSITY/FAR
Maximum Density –
Residential
15 du/1 ac 15 du/1 ac
Minimum Density – Residential - -
Maximum Floor Area Ratio
(FAR) – Nonresidential

1.00 1.00

LOT DIMENSIONS, SIZE

AND COVERAGE
Minimum Lot Size (net)
Non-residential 7,200 sf 7,200 sf
Single Family 7,200 sf --
Multifamily 10,000 sf 10,000 sf
Minimum Lot Width 45 ft 100 ft
Minimum Lot Depth 90 ft 90
Maximum Lot Coverage 50% 50%

SETBACKS AND

BUILDING SEPARATIONS
Minimum Front Yard Setback 15 ft1 15 ft1 1 Garage front yard setback shall be a
minimum of 20 ft.

Minimum Side Yard Setback
Interior 5 ft 10 ft; 20 ft for
commercial
adjacent to
residential
Corner or Exterior 10 ft 10 ft.

Minimum Rear Yard Setback
Standard Lot 15 ft 10 ft; 20 ft for
commercial
Item Number: 6.

adjacent to
residential
Adjacent to Alley 10 ft 15
Minimum Building Separation 10 ft 10 ft

DWELLING UNIT SIZE

AND LAND AREA
Minimum Dwelling Unit Size Per Chapter 17.08 Per Chapter 17.08

BUILDING HEIGHT AND

STORIES
Maximum Number of Stories
Residential/Commercial 2 2
Spa/Resort Hotel 5 5
Maximum Building Height
Residential 30 ft 30
Spa/ Resort Hotel 30 ft* 30 ft* *Heights greater than
30 feet can be
approved with a CUP

OTHER DEVELOPMENT

STANDARDS
Signs and Outdoor Displays Chapters 17.44 and 17.45
Off-Street Parking and Loading
Standards
Chapters 17.48
Landscaping Chapter 17.56

17.08.040 Visitor-Serving Mixed District developments standards.

The Visitor-Serving Mixed district is assigned to two areas of the City where the natural mineral aquifer and hot mineral aquifer exist:

North of downtown on either side of Palm Drive where small to medium motels and hotels with or without spas are located amongst single-family and multi-family residences; On Hacienda Avenue in the eastern side of the City functioning as a transition zone to the more intense Visitor-Serving Commercial zone and Residential Low zoning. It also contains small and medium motels and hotels with or without spas.

The intent of this land use district is to encourage the development of small to medium sized spas/resorts including motel-type or boutique-type with spas, day visit spas, or similar limited uses/facilities with unique architecture and lush landscaping while respecting residential uses.

A. Residential development

1. General Requirements
a. Residential development within the Visitor-Serving Mixed zoning district shall follow the site planning and architecture standards and guidelines of Chapter 17.08 Residential Districts for both single-family and multi-family types of development.

Item Number: 6.

B. Commercial development

1. General Requirements
a. This use is intended to accommodate boutique-type shops, restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving commercial uses the district. Stripcommercial development is not permitted in this zone.

2. Design Criteria
a. Pedestrian friendly.
i. Provide direct pedestrian linkages to adjacent public sidewalks and trails. ii. Include parking for bicycles in the site layout.
b. Architecture
i. Provide for exterior wall variation in design and setbacks to relieve monotony. ii. Incorporate unique architectural elements fostering a sense of destination and celebration consistent with the particular architectural theme.
iii. Utilize unique entry statements -i.e., raised roofs and forms, etc.—that are consistent with the particular architecture theme.
iv. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
v. Provide unique exterior building lighting that is consistent with the particular architectural theme.
c. Signage
i. Signage shall comply with Chapter 17.44 Sign Regulations ii. Signage materials should complement the materials of the main structure. iii. Where historic signage exists, it should be preserved to the extent possible d. Lighting
i. Lighting shall be provided in accordance with Chapter 17.40 Property Development Standards
ii. Lighting shall be deflected away from all adjacent properties and public streets and rights-ofway in conformance with the City’s Lighting Ordinance. iii. No lighting shall blink, flash, or be of unusually high intensity or brightness. iv. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. e. Site Layout
i. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete, or pavers at drive approaches is encouraged. ii. Outdoor dining areas are encouraged and should be integrated with the building design. f. Landscaping
i. Landscaping should be provided according to the provisions of Chapter 17.56 Landscaping Standards
g. Parking, Loading, and Circulation
i. Parking shall be provided according to the provisions of Chapter 17.48 Off-Street Parking. ii. To the extent possible, parking shall be located to the side or rear of the structure.

C. Resort, spa, hotel, and motel development

1. General Requirements
a. This use is intended to accommodate small to medium hotels, motels, spas, and resorts that utilize the hot and cold mineral springs water.
b. Amenities are required per Section 17.18.030 of this chapter.

Item Number: 6.

2. Design Criteria
a. Pedestrian friendly.
i. Provide direct pedestrian linkages to adjacent public sidewalks and trails. ii. Include parking for bicycles in the site layout.
b. Architecture
i. Use of Mid-Century Modern architecture is encouraged as a tie-in to the historic architecture of Desert Hot Springs hotels, motels, resorts and spas. Mid-Century architectural features include clean lines, flat or angled roofs, large roof overhangs, floor to ceiling windows, indoor-outdoor living areas, use of breeze block for walls, etc. ii. Provide for exterior wall variation in design and setbacks to relieve monotony. iii. Incorporate unique architectural elements fostering a sense of destination and celebration consistent with the particular architectural theme.
iv. Utilize unique entry statements—i.e., raised roofs and forms, etc.—that are internally consistent with the particular architecture theme.
v. Where possible, incorporate a porte cochere and emphasize it in the design. vi. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
vii. Provide unique exterior building lighting that is consistent with the particular architectural theme.
viii. Limit the use of exposed wood.
d. Signage
i. Signage shall comply with Chapter 17.44 Sign Regulations. ii. Signage materials should complement the materials of the structure. iii. Where historic signage exists, it should be preserved to the extent possible. e. Lighting
i. Lighting shall be provided in accordance with Chapter 17.40 Property Development Standards.
ii. Lighting shall be deflected away from all adjacent properties and public streets and rights-ofway in conformance with the City’s Lighting Ordinance. iii. No lighting shall blink, flash, or be of unusually high intensity or brightness. iv. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. f. Site Layout
i. Provide 6-foot high decorative walls of block, wrought iron, cut metal, or glass block to provide privacy where needed except within the traffic safety sight area (line of sight) at street intersections.
ii. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete at drive approaches is encouraged. g. Landscaping
i. Landscaping shall be provided per Chapter 17.56 Landscaping Standards h. Parking, Loading, and Circulation
i. Parking shall be provided according to the provisions of Chapter 17.48 Off-Street Parking ii. To the extent possible, parking shall be located to the side or rear of the structure.

17.08.050 Visitor-Serving Commercial development standards.

This zoning district is assigned to two areas of the City where Natural Mineral Aquifer and Hot Mineral Item Number: 6.

Aquifer exist:

North of downtown on either side of Palm Drive where medium to large motels and hotels with or without spas are located on larger lots.

On Hacienda Avenue in the eastern side of the City where medium to large hotels are located on larger lots. There is a significant area within this zone that contains larger, undeveloped lots.

The intent of this land use district is to encourage the development of medium to large spas/resorts including motel-type or boutique-type hotels with spas, day visit spas, or similar limited uses/facilities with unique architecture and lush landscaping while respecting residential uses. This designation is intended to accommodate boutique-type restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving uses intermixed within the district. Strip-commercial development is not permitted within this zone.

A. Residential development

1. General Requirements
a. Residential development within the Visitor-Serving Commercial zoning district shall follow the site planning and architecture standards and guidelines of Chapter 17.08 Residential Districts for multi-family types of development.

B. Commercial development.

1. General Requirements
a. This use is intended to accommodate boutique-type shops, restaurants, art galleries, gift shops, coffee shops and similar small scale specialized visitor serving uses commercial uses the district. b. Strip-commercial development is not permitted.

2. Design Criteria
a. Pedestrian friendly.
i. Provide direct pedestrian linkages to adjacent public sidewalks and trails. ii. Include parking for bicycles in the site layout.
c. Architecture
i. Provide for exterior wall variation in design and setbacks to relieve monotony. ii. Incorporate unique architectural elements fostering a sense of destination and celebration consistent with the particular architectural theme.
iii. Utilize unique entry statements—i.e., raised roofs and forms, etc.—that are internally consistent with the particular architecture theme.
iv. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
v. Provide unique exterior building lighting that is consistent with the particular architectural theme.
vi. Limit the use of exposed wood.
d. Signage
i. Signage shall comply with Chapter 17.44 Sign Regulations. ii. Signage materials should complement the materials of the structure. iii. Where historic signage exists, it should be preserved to the extent possible. e. Lighting
Item Number: 6.

i. Lighting shall be provided in accordance with Chapter 17.40 Property Development Standards
ii. Lighting shall be deflected away from all adjacent properties and public streets and rightsof-way in conformance with the City’s Lighting Ordinance. iii. No lighting shall blink, flash, or be of unusually high intensity or brightness. iv. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving.
f. Site Layout
i. Provide 6-foot high decorative walls of block, wrought iron, cut metal, glass block, or similar material to provide privacy where needed except within the traffic safety sight area (line of sight) at street intersections.
ii. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete or pavers at drive approaches is encouraged. g. Landscaping
i. Landscaping shall be provided per Chapter 17.56 Landscaping Standards h. Parking, Loading, and Circulation
i. Parking shall be provided according to the provisions of Chapter 17.48 Off-Street Parking ii. To the extent possible, parking shall be located to the side or rear of the structure.

C. Resort, spa, hotel, and motel development

1. General Requirements
a. This use is intended to accommodate small, medium to large hotels, motels, spas, and resorts that utilize the hot and cold mineral springs water.
b. Amenities are required per Section 17.18.030 of this chapter.

2. Design Criteria
a. Pedestrian friendly
i. Provide direct pedestrian linkages to adjacent public sidewalks and trails. ii. Include parking for bicycles in the site layout.
b. Architecture
i. Use of Mid-Century Modern architecture is encouraged as a tie-in to the historic architecture of Desert Hot Springs hotels, motels, resorts and spas. Mid-Century architectural features include clean lines, flat or angled roofs, large roof overhangs, floor to ceiling windows, indoor-outdoor living areas, use of breeze block for walls, etc. ii. Provide for exterior wall variation in design and setbacks to relieve monotony. iii. Incorporate unique architectural elements fostering a sense of destination and celebration consistent with the particular architectural theme.
iv. Utilize unique entry statements—i.e., raised roofs and forms, etc.—that are internally consistent with the particular architecture theme.
v. Where possible, incorporate a porte cochere and emphasize it in the design. vi. Utilize unique and notable signage and address identification plaques that are consistent with the particular architectural theme.
vii. Provide unique exterior building lighting that is consistent with the particular architectural theme.
viii. Limit the use of exposed wood.
c. Signage
i. Signage shall comply with Chapter 17.44 Sign Regulations Item Number: 6.

ii. Signage materials should complement the materials of the structure. iii. Where historic signage exists, it should be preserved to the extent possible. d. Lighting
i. Lighting shall be provided in accordance with Chapter 17.40 Property Development Standards
ii. Lighting shall be deflected away from all adjacent properties and public streets and rightsof-way in conformance with the City’s Lighting Ordinance. iii. No lighting shall blink, flash, or be of unusually high intensity or brightness. iv. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving.
e. Site Layout
i. Provide 6-foot high decorative walls with of block, wrought iron, cut metal, glass block or similar material to provide privacy where needed except within the traffic safety sight area (line of sight) at street intersections.
ii. Utilize contrasting colors, materials and textures for walkway and driveway areas; use of stamped, colored concrete at drive approaches is encouraged. f. Landscaping
i. Landscaping shall be provided per Chapter 17.56 Landscaping Standards g. Parking, Loading, and Circulation
i. Parking shall be provided according to the provisions of Chapter 17.48 Off-Street Parking.
ii. To the extent possible, parking shall be located to the side or rear of the structure.

3. Camping/Glamping development standards
a. Notwithstanding any other provision in this code, camping or glamping uses may only occur on parcels 5 acres or more in size.
b. Camping/glamping sites shall be shielded from view to any adjacent residential use with a solid fence or block wall.
c. Such lodgings shall be connected to public water and sewer. d. Permanent restrooms and showers shall be provided if not provided in individual rooms/units onsite. e. A percentage of the rooms/units must be ADA accessible per the California Building Code. f. Amenities shall be provided per Section 17.18.030 of this chapter. g. Stays are limited to a 28 day maximum.

Item Number: 6.

SR-24-201
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 1, 2024
Department: Public Works
Prepared by: Judith Duenas, Administrative Assistant
Subject: Adopting the City of Desert Hot Springs' Local Hazard Mitigation Plan RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting the City of Desert Hot Springs Local Hazard Mitigation Plan Annex to the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan as required by the Federal Disaster Mitigation Act of 2000."
BACKGROUND:

Amended into the Stafford Act, the Disaster Mitigation Act of 2000 provides policy to the State Mitigation Officer and guidance to local jurisdictions to develop a Local Hazard Mitigation Plan (LHMP). The LHMP is not required by law, but it is needed for a jurisdiction to be eligible for pre- and post-disaster mitigation funds or to receive federal disaster relief through the Federal Emergency Management Agency (FEMA).

The LHMP is a planning document used to analyze natural occurring risks to communities such as earthquakes, fires, and floods. The LHMP is reviewed yearly and formally updated through FEMA every five years.

DISCUSSION:

The City of Desert Hot Springs Local Hazard Mitigation Plan (LHMP) 2024 was approved by the County of Riverside Emergency Management Department on May 21, 2024, and forwarded to the California Office of Emergency Services (CalOES) for review and approval.

CalOES reviewed and approved the LHMP on July 17, 2024, and forwarded it to the Federal Emergency Management Agency (FEMA) for review and approval.

The City of Desert Hot Springs has received approval from FEMA on it's LMHP on September 6, 2024, pending adoption by the City Council.

FISCAL IMPACT:

None.

ATTACHMENTS:

Item Number: 7.

SR-24-201
1) City of Desert Hot Springs Local Hazard Mitigation Plan 2024 2) Appendix B - Inventory Worksheets
3) Appendix C - Plan Review Tool Crosswalk
4) Resolution Desert Hot Springs Local Hazard Mitigation Plan 2024 5) FEMA Approval Letter
Item Number: 7.

2024
2024
Prepared by: Judith Duenas
Prepared by: Judith Duenas
Desert Hot Springs
3/25/2024

CONTACT INFORMATION
City of Desert Hot Springs
2024
Prepared by: Judith Duenas
Administrative Assistant
Desert Hot Springs
7/16/2024

LOCAL HAZARD MITIGATION
PLAN
Item Number: 7.

1 CONTACT INFORMATION
City of Desert Hot Springs
Name: Judith Duenas
Title: Administrative Assistant
Address: 11999 Palm Drive
City, State and Zip: Desert Hot Springs, CA 92240
Direct Contact: (760)329-6411
Fax: (951)358-7105
Email: [email protected]
Name: Frank Luckino
Title: City Manager
Address: 11999 Palm Dr.

City: Desert Hot Springs State: CA Zip: 92240
Direct Contact: 760-329-6411 x101
Fax: 760-671-5062
Email: [email protected]
Name: Doria Wilms
Title: Deputy City Manager
Address: 11199 Palm Dr.

City: Desert Hot Springs State: CA Zip: 92240
Direct Contact: 760-329-6411 x 260
Fax: 760-671-5062
Email: [email protected]
Name: Daniel Porras
Title: Assistant City Manager
Address: 11199 Palm Dr.

City: Desert Hot Springs State: CA Zip: 92240
Direct Contact: 760-329-6411 x 109
Fax: 760-671-5062
Email: [email protected]
Name: Brian White
Title: Division Chief – Riverside Unit
Address: 77-933 Las Montana’s Road
City: Palm Desert State: CA Zip: 92211
Direct Contact: (951)591-9769
Email: [email protected]
Name: Jim Henson
Title: Police Chief
Address: 65950 Pierson Blvd.

City, State and Zip: Desert Hot Springs, CA 92240
Direct Contact: 760-329-6411 x 339
Fax: 760-251-6239
Email: [email protected]
Item Number: 7.

2 PLAN ADOPTION/RESOLUTION
The City of Desert Hot Springs will submit plans to Riverside County Emergency Management Department who will forward to California Governor’s Office of Emergency Services (CAL OES) for review prior to being submitted to the Federal Emergency Management Agency (FEMA). In addition, we will wait to receive an “Approval Pending Adoption” letter from FEMA before taking the plan to our local governing bodies for adoption. Upon approval, the City of Desert Hot Springs will insert the signed resolution.

Item Number: 7.

3 EXECUTIVE SUMMARY
The purpose of this local hazard mitigation plan is to identify the County’s hazards, review and assess past disaster occurrences, estimate the probability of future occurrences, and set goals to mitigate potential risks to reduce or eliminate long-term risk to people and property from natural and man-made hazards.

The plan was prepared pursuant to the requirements of the Disaster Mitigation Act of 2000 to achieve eligibility and potentially secure mitigation funding through Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance, Pre-Disaster Mitigation, and Hazard Mitigation Grant Programs.

The City of Desert Hot Springs’ continual efforts to maintain a disaster-mitigation strategy is ongoing. Our goal is to develop and maintain an all-inclusive plan to include all jurisdictions, special districts, businesses, and community organizations to promote consistency, continuity and unification.

The City’s planning process followed a methodology presented by FEMA and CAL-OES which included conducting meetings with the Operational Area Planning Committee (OAPC) coordinated by Riverside County Emergency Management Department (EMD) comprised of participating Federal, State and local jurisdictions agencies, special districts, school districts, non-profit communities, universities, businesses, tribes and general public.

The plan identifies vulnerabilities, provides recommendations for prioritized mitigation actions, evaluates resources, identifies mitigation shortcomings, provides future mitigation planning and maintenance of existing plan.

The plan will be implemented upon FEMA approval.

Item Number: 7.

4 TABLE OF CONTENTS
Table of Contents
CONTACT INFORMATION.......................................................................................................................1 PLAN ADOPTION/RESOLUTION .............................................................................................................2 EXECUTIVE SUMMARY...........................................................................................................................3 TABLE OF CONTENTS ............................................................................................................................4 SECTION 1.0 - COMMUNITY PROFILE ...................................................................................................5

1.1 CITY MAP..............................................................................................................................5

1.2 GEOGRAPHY AND CLIMATE DESCRIPTION......................................................................5

1.3 BRIEF HISTORY ...................................................................................................................6

1.4 ECONOMY DESCRIPTION ...................................................................................................6

1.5 POPULATION AND HOUSING..............................................................................................9

1.6 DEVELOPMENT TRENDS AND LAND USE .......................................................................10 SECTION 2.0 - PLANNING PROCESS...................................................................................................10

2.1 LOCAL PLANNING PROCESS............................................................................................10

2.2 PARTICIPATION IN REGIONAL (OA) PLANNING PROCESS............................................12

2.3 DATES AVAILABLE FOR PUBLIC COMMENT ...................................................................13

2.4 PLANS ADOPTED BY RESOLUTION .................................................................................13 SECTION 3.0 – MITIGATION ACTIONS/UPDATES ...............................................................................13

3.1 UPDATES FROM 2017 PLAN .............................................................................................13

3.2 LIST OF COUNTY AND CITY HAZARDS............................................................................13

3.3 NEW HAZARDS OR CHANGES FROM 2017 .....................................................................14

3.4 BRIEF STATEMENT OF UNIQUE HAZARDS .....................................................................15 SECTION 4.0 - HAZARD IDENTIFICATION AND RISK ASSESSMENT.................................................15

4.1 CRITICAL FACILITIES AND INFRASTRUCTURES ............................................................15

4.2 ESTIMATING POTENTIAL LOSS........................................................................................15

4.3 TABLE REPLACEMENT VALUES.......................................................................................15

4.4 IDENTIFICATION OF RISKS AND VULNERABILITIES.......................................................16 SECTION 5.0 – COMMUNITY RATING SYSTEM...................................................................................22

5.1 REPETITIVE LOSS PROPERTIES......................................................................................22

5.2 NATIONAL FLOOD INSURANCE PROPERTIES ................................................................23 SECTION 6.0 - CAPABILITIES ASSESSMENT ......................................................................................24

6.1 REGULATORY MITIGATION CAPABILITIES......................................................................24

6.2 ADMINISTRATIVE/TECHNICAL MITIGATION CAPABILITIES............................................24

6.3 FISCAL MITIGATION CAPABILITIES..................................................................................25

6.5 FUNDING OPPORTUNITIES...............................................................................................27 SECTION 7.0 - MITIGATION STRATEGIES...........................................................................................27

7.1 GOALS AND OBJECTIVES.................................................................................................27

7.2 MITIGATION ACTIONS .......................................................................................................28 SECTION 8.0 – PLAN IMPLEMENTATION AND MAINTENANCE PROCESS .......................................31 SECTION 9.0 – INCORPORATION INTO EXISTING PLANNING MECHANISMS..................................31 SECTION 10.0 – CHANGES IN DEVELOPMENT...................................................................................32 SECTION 11.0 – CONTINUED PUBLIC INVOLVEMENT .......................................................................33 APPENDIX B – INVENTORY WORKSHEETS........................................................................................37 APPENDIX C – PLAN REVIEW TOOL/CROSSWALK ............................................................................38 Item Number: 7.

5 SECTION 1.0 - COMMUNITY PROFILE

1.1 CITY MAP

1.2 GEOGRAPHY AND CLIMATE DESCRIPTION
Desert Hot Springs is located approximately 112 miles from Los Angeles, in the center of Riverside County. The city sits in the foothills of the San Bernardino Mountains and overlooks the entire Coachella Valley. The southern city boundaries are adjacent to Palm Springs and Cathedral City, predominately divided by Interstate 10. To the east of the city is the unincorporated community of Sky Valley. To the west are the unincorporated areas of North Palm Springs and White Water. To the north of the city is predominately Joshua Tree National Monument governed by the National Park System and lands governed by the Department of Interior, Bureau of Land Management (BLM). The city also sits at two entry points of the recently recognized, Sand to Snow National Monument.

The area has sparse vegetation, which is consistent with the Southern California lower desert. Annual grass and desert flowers are dependent on annual precipitation averaging just over 5 inches a year. Temperatures during the summer can reach 115 degrees during the peak day and the high 80’s during the night. Winter temperatures are in the high 70’s to low 80’s and lows at night average in the 50’s. Summers tend to produce occasional monsoonal Item Number: 7.

6 thunderstorms, while the winter tends to be windy, depending on the low pressures systems reacting with the local mountain ranges.

1.3 BRIEF HISTORY
In 1913 Cabot Yerxa arrived in the city. He was the first Homesteader and discovered hot water on Miracle Hill. Due to the San Andreas Fault bisecting the hill, one side has cold water, the other has hot. His large adobe, hand built by Yerxa, is one of the oldest adobe structures in Riverside County and is listed on the Nation Register of Historic Places.

The town was founded by L. W. Coffee on July 12, 1941. The original site was centered on the intersection of Palm Drive and Pierson Blvd. and was only a square mile in area. He named it Desert Hot Springs in honor of the waters Yerxa had discovered.

The City of Desert Hot Springs was incorporated in 1963, with 1,000 residents. Since that time, Desert Hot Springs has solidified itself as a tourist destination through its small spa hotels. In its early days the city's seclusion appealed to move-in urban "escapees." Realtors arrived to speculate real estate appraisal of thousands of vacant lots and over time, homes were bought by sun-seeking retirees.

Desert Hot Springs experienced periods of dizzying growth in the 1980s and 1990s when most of the vacant lots were filled with new houses and duplex apartments. The city's population doubled in the 1980s and increased by another 5,000 in the 2000 census. Between 2000 and 2010 the population grew by 9000 residents resulting in a final population count of 25,938 full time residents following the 2010 census. The 2020 census showed that the current population had risen to 32,512, that is nearly a 7,000 resident population increase. The city is still experiencing great housing development as well as commercial increases.

The City is the home to (5) Elementary Schools, (2) Middle Schools and (1) High School, (3) Parks and a Health and Wellness Center serving residents of the Community.

In 2014 the City Council adopted Ordinances allowing for Medical Marijuana Dispensaries and the large-scale Cultivation of Medical Marijuana. Development of this rapidly growing industry is permitted in the Industrial Zone of the City. As of February 2023, there are a total of 47 cultivation facilities all within 39 buildings.

1.4 ECONOMY DESCRIPTION
The City of Desert Hot Springs is primarily a bedroom community. Development in the City is 75 percent residential, 17 percent commercial, and 8 percent industrial, which limits the sales and property tax base. The largest employers are the city, Water District and a large grocery store. Project Viento is one of the largest developments that was approved by the city in June 2022. Project Viento consists of a 3.5 million square for warehouse, that will be used as a distribution center. Upon completion of the warehouse, this will open nearly 1,800 job positions for residents. The city is also currently working on improving the downtown area with local businesses.

Item Number: 7.

7 Figure 1.4.1 – Economic and Labor Force Characteristics (See following page for data).

Item Number: 7.

8 Labor Force Participation (*1)
Labor Employment Unemployment
Year Area Name Force Number Rate
2022 Desert Hot Springs 12,400 11,900 600 4.5%
2021 Desert Hot Springs 12,300 11,000 1,300 10.4%
2020 Desert Hot Springs 12,500 10,500 2,000 15.8%
2019 Desert Hot Springs 11,600 10,900 700 5.7%
2018 Desert Hot Springs 11,500 10,800 700 5.8%
2017 Desert Hot Springs 11,400 10,600 800 6.9%
Labor Force Participation (*2)
Jobs by Industry Sector Percentage
Office & Administrative Support Occupations 13.40%
Construction & Extraction Occupations 8.82%
Sales & Related Occupations 8.68%
Food Preparation & Serving
Related Occupations 7.82%
Building & Grounds Cleaning &
Maintenance Occupations 7.82%
Healthcare Support Occupations 7.44%
Installation, Maintenance and
Repair Occupations 6.39%
Management Occupations 5.05%
Education Instruction and
Library Occupations 4.77%
Personal Care and Service Occupations 3.81%
Production Occupations 3.55%
Business and Financial
Operations Occupations 3.10%
Transportation Occupations 2.76%
Health Diagnosing and Treating Practitioners
and Other Technical Occupations 2.62%
Fire Fighting and Prevention, Other Protective
Service Workers Including Supervisors 2.41%
Health Technologists and Technicians 2.12%
Arts, Design, Entertainment, Sports
and Media Occupations 1.95%
Median Household Income (*3)
Year Amount
2021 $37,924
Sources:
(*1) CA Employment Development Department (City residents working anywhere. Data are not seasonally adjusted)
(*2) U.S. Census Bureau Local Employment Dynamics
(*3) Riverside County Projections
Item Number: 7.

9 1.5 POPULATION AND HOUSING
The city encompasses nearly 29 square miles, and a major interstate is within the southern city limits. The additional opportunities available for future development have been made available by the annexation and the newly created enterprise zone. As the economy rebounds the City of Desert Hot Spring will have the potential to be one of the fastest growing communities, bringing the needed tax revenue back to the citizens to support critical infrastructure. Limited housing starts have occurred in the past several years because of the economic downturn. The city population is currently estimated at nearly 32,716 residents.

The population of Desert Hot Springs from the 2020 Census was estimated at 32,529. This was an increase in the population from 16,582 in 2000.

Figure 1.5.1 – Population Characteristics
Population Characteristics (*1) 2020 Racial & Ethnic Population Year Population Race Percent
2010 25,938 White 52.10%
2020 32,512 Black or African American 8.40%
American Indian and
Alaska Native 1.60%
Asian 3.10%
Sex Percentage
Native Hawaiian and other
Pacific Islander 0.00%
Female 50.30% Two of More Races 14.50%
Male 49.70% Hispanic or Latino 59.10%
White Alone, not Hispanic
or Latino 26.40%
Figure 1.5.2 – Housing & Household Characteristics
Housing Unites by Type (*2) Number of Households by Type (*2) Type 2000 2010 2016 Household Type Number
Single Unit Detached 54% 65% 63% Married Couples 3,545
Single Unit Attached 3% 2% 2% Female Householders 1,829 Multi Family Two/Four Units 17% 14% 15% Male Householders 723 Multi Family Five Plus Units 19% 13% 13% Householders Living Alone 3,598 Mobile Homes 8% 5% 8% Householders Living w/Others 781
Occupancy Total 10,476
Owner Occupied 47% 48% 46%
Renter Occupied 53% 52% 54%
Median Home Price (*1)
Owner Occupied Housing $231,500
Sources:

Item Number: 7.

10 (*1) Decennial Census, US
Census Bureau
(*2) Housing and Community
Development

1.6 DEVELOPMENT TRENDS AND LAND USE
The City of Desert Hot Springs has seen a trend in residential housing increase. Over the past three years, communities that paused construction during the recession have now continued building and completed the housing tracts. Apart from new housing communities in plans, the city has seen an increase in new residents.

With the completion of new housing tracks and continuation of new buildings, the City of Desert Hot Springs has approved the project of a new fire station to be built on the East end of the city.

There will now be fire stations in the West, East and in Downtown area. This will help decrease response time as well as having all three fire stations give more coverage of the city.

California building codes are updated every three years and adopted by the city for new built regulations. These building codes include all new homes to require having solar installed, fire sprinklers and meeting the pad certification requirements.

For new housing communities that fall within the FEMA flood plain map, homes will be required to build retentions basins for rainwater overflow. Homes will be required to be built from 1 – 3 feet above the street center line. The city requires storm water retentions of all postdevelopment storm water runoff within the limits of the of the project based on a 100-year storm event of 24-hour duration, and to completely drain from any storm event within 72 hours.

Skyborne housing community was built per the requirements as they are in a high flood zone, during Hurricane Hilary, no homes were damaged as the retention basins were used in full capacity.

For currently and future housing development, the City is making sure to allocate funds from property taxes specifically for public safety such as police and fire to be able to serve the demand within the city. With the new construction of an additional fire station, response times will be cut, which means help for our residents will arrive quickly.

SECTION 2.0 - PLANNING PROCESS

2.1 LOCAL PLANNING PROCESS
General priorities, appropriate departments, and personnel were identified during the initial meeting. Personnel were invited to participate in the LHMP planning process via email to Item Number: 7.

11 establish a general staff meeting about the LHMP. At the staff meeting, we were able to inform about the LHMP and generate a game plan to determine how the updating process would be done. Additional emails were sent to the staff that included LHMP materials to review and update with current information. Subsequent meetings identified mitigation strategies, prioritized said strategies, and reviewed preliminary budgets and potential funding sources for strategies designated as “High” priority for city-owned-and-operated facilities.

Representatives from multiple city departments met on a regular basis to identify and prioritize appropriate mitigation strategies. Personnel involved in these meetings included: Ana Gutierrez from District 4 Emergency Services Coordinator from Riverside County Emergency Management Department, Daniel Porras for Interim Deputy City Manager from City Manager’s Department, Geoffrey Buchheim for Finance Director from City Finance & Administration Department, Fire Chief Mike Beverlin from Desert Hot Springs Fire Department, Police Chief Jim Henson from City Police Department, Nicholas Haecker Public Works Department, Christina Newsom Compliance Director from the Compliance Department. Additional organizations include, but are not limited to, Riverside County Emergency Management Department and other local City departments.

Meeting Dates:
• Ana Gutierrez- District 4 Emergency Services Coordinator - October 5, 2023 - MJLHMP/LHMP Steering Committee
- October 20, 2022 – LHMP Risk Assessment
- January 31, 2023
- February 2, 2023
- February 8, 2023
- April 13, 2023 – MJLHMP/LHMP Steering Committee
- June 15, 2023 – Multi-Jurisdictional Local Hazard Mitigation Plan Kick-Off Meeting
• Daniel Porras- Interim Deputy City Manager
- June 13, 2023
• Geoffrey Buchheim- Finance Director
- 6/27/2023
• Jim Henson- Police Chief
- 6/27/23
- 6/28/23
• Mike Beverlin- Fire Chief
- 6/23/23
• Nicolas Haecker- Public Works Director
- August 31, 2022
- February 2, 2023
• Christina Newsom- Compliance Director
Item Number: 7.

12 - June 13, 2023
• Judith Duenas – Administrative Assistant
- August 17, 2023 – August 2023 Weather Event (Hurricane Hilary) • Jilleen Ferris – City Engineer
- August 17, 2023 – August 2023 Weather Event (Hurricane Hilary)

2.2 PARTICIPATION IN REGIONAL (OA) PLANNING PROCESS
The City of Desert Hot Springs participated in various Riverside County workshops, conferences, and meetings, including:
• Attend Riverside County – CERT planning, and Grant meetings. • Conduct annual city emergency planning and employee training programs. • Conduct a minimum of two Community Emergency Response Team (CERT) training classes each year.
• American Heart Association- First Aid CPR AED September 2023 - Karol Trejo – Program Teacher
- Laura Harris – Cannabis/Code Administrative Assistant - Jasmine McClain – Code Compliance Technician
- Judith Duenas – Public Works Administrative Assistant - Loni Brock – Code Compliance Officer
- Denise Abriel – Program Specialist
- Tiyler Messer – Code Compliance Officer
- Gabriel Sigala – Maintenance Technician
- Otto Meza-Moscozo – Maintenance Technician
- Lynne Paul – Management Analyst
- Moriah Peters – Program Teacher
- Joe Valdez – Public Works Inspector
- Victor Sandoval – Lead Maintenance Technician
- Scott Wittig – Supervisor
- Armando Alonso – Maintenance Technician
- James Harbin - Supervisor
• Red Cross Training attended in August 2022 by City Staff. o Loni Brock- Code Compliance Officer
o Jasmin McClain- Code Compliance Technician
o Tiyler Messer- Code Compliance Officer
o Linda Human- Code Compliance Officer
o Christina Newsom- Compliance Director
Local Hazard Mitigation Plan-Planning Meeting Dates Attended Item Number: 7.

13 - April 13th, 2022, MJLHMP/LHMP Steering Committee
- June 15th, 2022, Multi-Jurisdictional Local Hazard Mitigation Plan Kick-Off Meeting - July 3rd, 2022, MJLHMP/LHMP Steering Committee
- August 17th, 2022, LHMP Jurisdiction Workshop
- October 5th, 2022, MJLHMP/LHMP Steering Committee
- October 20th, 2022, Local Hazard Mitigation Planning Risk Assessment - November 2nd, 2022, LHMP Planning Meeting with cooperating agencies Riverside County Fire and Riverside County Sheriff’s Department
- January 4th, 2023, MJLHMP/LHMP Steering Committee

2.3 DATES AVAILABLE FOR PUBLIC COMMENT
• 02/13/2023 – 02/23/2023: Posted on the City of Desert Hot Springs website and informed the public about the 2012 LHMP for the city being updated for 2023. See Appendix A for a screenshot of the city’s website. No comments by the public were made during this public outreach opportunity.
• 02/13/2023 – 02/23/2023: Placed a copy of the 2017 City’s LHMP at the Desert Hot Springs City Hall front counter and created a comments box for the public to drop in any suggestions or comments. See Appendix A for pictures of this public opportunity. No comments by the public were made during this public outreach opportunity.

2.4 PLANS ADOPTED BY RESOLUTION
Upon approval by FEMA, the LHMP will be presented to the Desert Hot Springs City Council in a public meeting (Council Meeting) for adoption via an official Resolution.

SECTION 3.0 – MITIGATION ACTIONS/UPDATES

3.1 UPDATES FROM 2017 PLAN
There have been drastic changes since the approval of the 2017 Local Hazard Mitigation Plan.

The hazards from the 2017 LHMP remain similar, with the adjustment of included a high risk for possibility of a pandemic.

3.2 LIST OF COUNTY AND CITY HAZARDS
Below is the comparison between the County’s hazards for 2022 and the City of Desert of Hot Springs’ main hazards for 2024. Factor’s taken into consideration for ranking were area’s location, landscape, population, type of natural disaster and recent disaster that would support the hazard to move up as a main hazard.

Item Number: 7.

14 2023 Riverside County
Hazards
Ranking 2024 Desert Hot Springs
Hazards
Ranking
Earthquake 1 Earthquake 1
Pandemic Flu 2 Flood 2
Wildland Fire 3 Wildfire 3
Electrical Failure 4 Extreme Weather 4
Emergent
Disease/Contamination 5
Wind Event 5
Cyber Attack 6 Power Outage 6
Terrorist Event 7 HazMat Incidents 15
Communications Failure 8 Transportation Failure 9
Flood 9 Pipeline Disruption 10
Civil Disorder 10 Drought 11
Drought 11 Civil Unrest 16
Nuclear/Radiological Incident 12 Dam Failure 21
Extreme Weather 13 Aqueduct 12
Transportation Failure 14 Landslides 17
Dam Failure 15 Jail/Prison Event 20
Aqueduct 16 Nuclear Accident 18
Tornado 17 Terrorist Event 14
Insect Infestation 18 Pandemic Flu 7
Jail/Prison Event 19
Emergent
Disease/Contamination
8 Pipeline Disruption 20 Insect Infestation 19
Landslide 21
Water Supply
Disruption/Contamination
13 HazMat Incident 22
Water Supply
Disruption/Contamination 23

3.3 NEW HAZARDS OR CHANGES FROM 2017
New hazards have been identified since the approval of the 2017 plan. During the last 6 years, the City of Desert Hot Springs has had two Federally Declared Disasters:
• February 2019 winter storms caused localized flooding, including property damage to roads, debris flow and accumulation, mud flows and road closures. • March 2020, the City Council declared a state of emergency during a special meeting held. They declared the reinforcement of Riverside County’s recommendation in social gatherings.

Item Number: 7.

15 3.4 BRIEF STATEMENT OF UNIQUE HAZARDS
The City of Desert Hot Springs has numerous hazard threats, including earthquakes, flooding and fire. In addition, The City has two major highways and a railroad line running in or next to the city hauling hazardous materials on a daily basis. Another concern is the San Andreas Fault running beneath and next to the City. We have the same threats as Riverside County Operational Area including wildland fires, flooding, earthquakes, extreme weather (heat and wind), hazardous materials incidents, debris flows, blackouts, transportation incidents, pipeline emergencies, civil unrest and terrorism.

SECTION 4.0 - HAZARD IDENTIFICATION AND RISK ASSESSMENT

4.1 CRITICAL FACILITIES AND INFRASTRUCTURES

CRITICAL FACILITIES TYPE NUMBER
Police Station 1
City Hall 1
Fire Stations (EOC) 3
Health Care Facilities 5
City Yard 1
Schools and Care Facilities 16
Public Utilities – Water/Sewer 1
TOTALS 28

4.2 ESTIMATING POTENTIAL LOSS
The most vulnerable structures in the city are the downtown fire station, City Hall, downtown unreinforced structures and Cabots Pueblo Museum. These facilities are the weakest in the city. The close proximity to the San Andreas Fault is sure to cause damage to any of these facilities in the event of a major earthquake.

4.3 TABLE REPLACEMENT VALUES
The City of Desert Hot Spring has identified in the table below a list of critical facilities and other community assets identified as important to protect in the event of a disaster. An inventory of critical facilities in the City of Desert Hot Springs is kept in the City Emergency Operations Center.

Item Number: 7.

16 Name of Asset
Replacement
Value ($)
Occupancy/
Capacity # Hazard Specific Info.

City Hall $10,000,000 124 Building near major fault
Fire DepartmentStation #98$20,000,000 10 Near major fault line.

Fire Department—
Downtown Station-Pierson
Blvd
$20,000,000 10 Modular metal near major fault
Fire Dept.— Sky Bourne
Station
$20,000,000 10 Near major fault line.

Police Station $3,500,000 n/a Near major fault
Palm Springs Unified
School District
n/a 4,000 Some campuses do not have
secured facilities near major
fault
Cabot’s Pueblo Museum Historical site 50 Adobe Const., near major fault

4.4 IDENTIFICATION OF RISKS AND VULNERABILITIES
The city used the risk score matrix spreadsheet to determine the rankings of all risks that the city were to face from 25 hazards. The severity of the hazards rating was determined based on the damage that such hazard would cause. The city used the accepted Riverside County base plan of “Hazards Assessment and Identification” that source he tool from the “FEMA Local Mitigation Planning Handbook Version 2013”. The ranking was determined as follows:

Probability:
0 – No probability – Does not apply.
1 – Low probability – Less than 1 percent chance of occurring within the next 100 years. 2 – Moderate probability – Between 1 and 10 percent change of occurrence in the next 50 years.
3 – High probability – Between 10 to 100 percent chance of occurrence in the next year. 4 – Very high probability – Near 100 percent chance of occurrence in the next year.

Severity:
0 – No damage– Does not apply.
1 – Low risk – Less than 1 percent chance of reported damage. 2 – Moderate risk – Between 1 and 10 percent chance of reported damage.

Item Number: 7.

17 3 – Relatively high risk – Between 10 to 100 percent chance reported damage. 4 – Very high risk – Near 100 percent chance of reported damage. 1 Below is a description of some of the hazards that affect the City of Desert Hot Springs, such as wildfire, flooding, earthquakes to name and focus on the top three hazards. These hazards are mentioned as the probability was ranked “very high probability”. The City of Desert Hot Springs chose to address its top three hazards that will greatly affect a great population of our residents.

1. Earthquake – Severity - 4, Probability - 4, Ranking - 1 The City of Desert Hot Springs is located between many active faults. The San Andreas Fault zone runs through the City directly. The City has experienced different levels of damage from 1 Source: FEMA Local Mitigation Planning Handbook Version 2013, FEMA. https://www.fema.gov/sites/default/files/2020-06/fema-local-mitigation-planning-handbook_03-2013.pdf

HAZARDS

LOCAL JURISDICTION

NATURAL DISASTER / CLIMATE

SEVERITY
0 - 4

PROBABILITY
0 - 4

RANKING
1-24
EARTHQUAKE 4 4 1
FIRE 4 4 3
FLOOD 4 4 2
AQUEDUCT FAILURE 3 2 12
DROUGHT 3 2 11
STORM 3 3 5
INSECT INFESTATION 2 2 22
LANDSLIDE 3 2 18
TORNADO 3 1 25
EXTREME WEATHER - HEAT 4 3 4

ANTHOPOGENIC / TECHNOLOGICAL
CIVIL DISORDER 3 2 17
COMMUNICATIONS FAILURE 3 2 14
CYBER ATTACK/ CYBER TERRORISM 2 2 21
DAM FAILURE 3 1 24
ELECTRICAL FAILURE 3 2 6
HAZARDOUS MATERIALS INCIDENT 4 2 16
JAIL/PRISON EVENT 2 1 23
NUCLEAR INCIDENT 4 1 19
PIPELINE DISRUPTION 3 2 10
RADIOLOGICAL INCIDENT 3 1 20
TERRORIST EVENT – MASS CASUALTY INCIDENT (MCI) 4 2 15
TRANSPORTATION FAILURE 3 2 9
WATER SUPPLY DISRUPTION / CONTAMINATION 4 3 13

MEDICAL
EMERGENT DISEASE / CONTAMINATION 4 3 8
PANDEMIC 4 3 7
Item Number: 7.

18 past quakes, January 2001 Landers. There has been no report of significant damage due to the result of an earthquake since 2001.

The planning team has identified approximately 36 unreinforced masonry buildings in the City.

The majority of the unreinforced masonry buildings are downtown, which is very much a community asset. The downtown area is the community’s major attraction. City Hall is the only critical facility that is an unreinforced masonry building.

The entire population will be affected if the city were to experience a great magnitude earthquake. Residents will disabilities who rely on a companion or a medical device will have difficulty moving to a safe location if their support items are not as close reach. Other residents/visitors who do not have a disability but rely on others for assistance such as kids or older adults, will need assistance if evacuation is needed. Those who have no personal transportation will be vulnerable to travel by vehicle to receive medical attention at the nearest hospital. Though ambulance transportation is an option, in a case of a great earthquake, access to such resources will be greatly limited.

Earthquakes were given the ranking of 1 out of 3, making this the top hazard. This was based off of the decision of the San Andreas fault line runs through the entire city, and through the most populated locations. Significant damage could occur through housing structures and emergency response structures as well.

Item Number: 7.

19 Figure 4.4.1 City Fault Lines Map

2. Flood - Severity - 3, Probability - 4, Ranking - 2
Heavy rain and rapid snow melts can lead to problems with storm drainage and create localized flood problems. The majority of flooding occurs when heavy downpours occur over a short period of time making the desert unable to absorb runoff. There are many canyons originating outside of The City limits bringing in water as it makes it way to the Salton Sea. Many of these areas are within multi-species’ areas or in preserves. The city is currently seeking funding to build overcrossing for the areas that commonly have flows during storms. The needed crossings would reduce the potential for injury of people attempting to cross during inclement periods of weather. The areas that have no curb and gutter allow low lying damage and are generally in the older residential areas. Debris flowing into residential areas is common because of the lack of vegetation in the desert. With Hurricane Hilary and following rainstorms after, we have noticed an increase flooding in the noted common areas mentioned in the flood map. During these floods, the most vulnerable population will be the unhoused, as Item Number: 7.

20 communication is limited to them to reach emergency information. The rest of the population’s transportation will become very limited, as we saw from Hurricane Hilary, many of the main roads had to be closed due to extreme flooding and damage of roadway. The City of Desert Hot Springs is currently working on designing cross bridges for these areas of flooding to reduce emergency transportation for all.

Flooding was given a ranking of 2 out of 3 due to the flood plain. Mission Creek travels through major roadways of the city. During Hurricane Hilary, the three roads that Mission Creek crosses were greatly damaged: Little Morongo Road, Indian Canyon Avenue and Dillon Road. The damage the road encountered was significant to the extent of needing to rebuild those roadways.

Figure 4.4.3 City Flood Areas Map
Item Number: 7.

21 3.

Wildland Fire – Severity – 2, Probability – 4, Ranking – 3 According to the City of Desert Hot Springs fire hazard severity zone map reported in the GIS, more than half of the city faces at least a ranking of severity between moderate to high. The city is surrounded by three mountains: San Jacinto, San Gorgonio and San Bernardino. These surrounding mountains fill with dry vegetation allowing for the possibility of a near wildfire on the outskirts of the city. If a wildfire event were to occur, residents must plan alternate routes to travel into and out of the city limits. There are five roads that lead to major freeways such as the I-10 and SR-62 that would serve as evacuation routes if a possible extreme wildfire were to affect the city. Three of those roads lead out to SR-62, from the west side of the city, two roads lead to I-10 going south. If east exit routes were to be impacted due to brush fire along the open area, residents in that area would need to evacuate and if needed, use the I-10 for alternate route. Palm Drive and Indian Canyon to I-10 would be highly impacted with traffic if an entire neighborhood is from the west end is needed to evacuate. Fire Station that resides near the Skyborne development, will be the first to quickly respond to west side area to assist with fire containment. Residents and visitors with respiratory issues become the most vulnerable during these fires. Residents with mobile disabilities will also be vulnerable, if they require assistance with evacuation. Wildland fire was ranked 3 out of 3 as FEMA wildfire map reported into our GIS system shows great parts of the city to be at risk.

Item Number: 7.

22 Figure 4.4.3 City Fire Severity Map
SECTION 5.0 – COMMUNITY RATING SYSTEM

5.1 REPETITIVE LOSS PROPERTIES
The City of Desert Hot Springs participates in the National Flood Insurance Program (NFIP).

The city has ordinance 15.68.030 in place to address the following:

1. Protect human life and health.

2. Minimize expenditure of public money for costly flood control projects.

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

4. Minimize prolonged business interruptions.

Item Number: 7.

23 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard.

6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard to minimize future blighted areas cause by flood damage.

7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In August 2023, the City of Desert Hot Springs was impacted by Hurricane Hilary, the City Manager declaring a State of Emergency. The hurricane caused great flooding throughout the city, resulting in three major roadways to be washed away and shutdown for the foreseeable future, this being the first loss. The streets that were greatly damaged were Indian Canyon Road, Little Morongo Road, and Dillon Road.

At the moment, the City of Desert Hot Springs has not experienced any repetitive loss.

5.2 NATIONAL FLOOD INSURANCE PROPERTIES
The City of Desert Hot Springs has participated in the National Flood Insurance Program since 1979.
a. Describe participation in NFIP, including any changes since previously approved plan. The City has participated in the NFIP program since 1979 and no changes have been made since the publication of the last plan. b. Date first joined NFIP. 1979
c. Identify actions related to continued compliance with NFIP. Continually monitor all streets, flood control channels, washes, and hillsides. d. CRS member? No
e. CRS class? N/A
f. Describe any data used to regulate flood hazard area other than FEMA maps.

N/A
g. Have there been issues with community participation in the program? None h. What are the general hurdles for effective implementation of the NFIP? None i. Summarize actions related to continued compliance with NFIP (c-2 and c-4) j. Repetitive Loss Properties – None
See Section 6.2 of the Riverside County Multi-Jurisdictional Hazard Mitigation Plan, Jurisdictions and Authorities Participating with National Flood Insurance Program Table 6-0-2 Item Number: 7.

24 SECTION 6.0 - CAPABILITIES ASSESSMENT

6.1 REGULATORY MITIGATION CAPABILITIES
The City of Desert Hot Springs regulatory mitigation capabilities include planning and land management tools that are typically used to implement hazard mitigation activities and have indicated those that are in place in The City. These capabilities will be reviewed and improved during the time preparation of the next local hazard mitigation plan to adapt to the city. The city will seek to implement the 2024 Local Hazard Mitigation Plan into the city’s Safety Element of the General Plan to be in compliance with AB2140 for any future funding assistance.

Figure 6.1.1 - Table City of Desert Hot Springs Regulatory Mitigation Capabilities Regulatory Tool Yes/No Comments
General plan Yes Adopted in the year 2020 and can
updated on a needing basis.

Zoning ordinance Yes Updated on as-needed basis according to the Community Development
Department.

Subdivision ordinance Yes Updated on as-needed basis according to the Community Development
Department – Planning Division.

Site plan review requirements Yes Updated on as-needed basis by all City Departments.

Growth management ordinance Yes
Flood plain ordinance Yes Updated by using FEMA flood plain maps.

Building code Yes City adopts State Code
Fire department ISO rating Yes Rating: 4
Storm water management program Yes In City plan
Capital improvements plan Yes Five-year plan; updated annually Economic development plan Yes
Local emergency operations plan Yes Emergency Operations Plan, being updated

6.2 ADMINISTRATIVE/TECHNICAL MITIGATION CAPABILITIES
The City of Desert Hot Springs can enhance its administrative and technical abilities to mitigate risks further by collaborating with department managers during the yearly assessment of the local hazard mitigation plan. The city will seek additional personnel to assist during the update process of the future LHMP requirements that will include climate change mitigation strategies.

Obtaining a city staff member that is educated within the climate change needs of the city with be a great asset in completing the following LHMP. As the city advances with implementation, this collaboration helps pinpoint essential information for future updates.

Item Number: 7.

25 Personnel Resources Yes/No Department/Position
Planner/engineer with knowledge of land
development/land management practices
Yes Planning and Development
Director
Engineer/professional trained in
construction practices related to buildings
and/or infrastructure
Yes City Engineer and Building
Official
Planner/engineer/scientist with an
understanding of natural hazards
Yes City Engineer
Personnel skilled in GIS Yes Planning Department
Full time building official Yes Building Official, contracted Floodplain manager Yes City Engineer
Emergency manager Yes County/City/ Police Chief
Grant writer Yes Grants Manager
Other personnel No
GIS Data—Land use Yes Planning Department
GIS Data—Links to Assessor’s data Yes Planning Department Warning systems/services
(Reverse 9-11, outdoor warning signals)
Yes Public Works Department

6.3 FISCAL MITIGATION CAPABILITIES
The City of Desert Hot Springs can enhance its fiscal capabilities by collaborating with various departments, organizations, agencies to uncover potential assets and resources not currently accounted for. In pursuit of future mitigation and preparedness efforts, the City will seek in the following grants: Integrated Climate Adaptation & Resiliency Program (ICARP), FEMA Staffing for Adequate Fire and Emergency Response (SAFER), and the Urban Greening Program to ensure future climate change mitigation.

Financial Resources
Accessible/Eligible
to Use (Yes/No) Comments
Community Development Block
Grants
Yes
Capital improvements project
funding
Yes
Authority to levy taxes for specific
purposes
Yes With voter
approval
Fees for water, sewer, gas, or
electric services
No City does not
provide utilities
Impact fees for new development Yes
Incur debt through general
obligation bonds
Yes With voter
approval
Item Number: 7.

26 Incur debt through special tax
bonds
Yes With voter
approval

6.4 MITIGATION OUTREACH AND PARTNERSHIPS
The City of Desert Hot Springs has an existing water responsibility program and annual fire safety programs in schools, and they are also presented throughout the year at special community events. The city has created a Community Emergency Response Training Program (CERT) and provides the community with an annual emergency expo.

The City of Desert Hot Springs Fire contracts with Riverside County Fire Department for fire and emergency medical services. Riverside County Fire has many mutual aid agreements with many local, state and federal fire departments.

The city will seek to broaden its training offerings by integrating targeted preparedness sessions tailored for disadvantaged communities. Through city and department outreach initiatives focusing on disaster readiness, these sessions will be delivered. Notification will be published across multiple media channels to maximize audience reach. Additionally, the City of Desert Hot Springs will persist in upgrading its warning systems to promptly alert the community about hazardous and disaster situations. This will involve monitoring existing resources and technology, securing funding for enhancements as necessary, and informing the public about these upgraded systems.

The following table lists the City of Desert Hot Springs Capabilities Assessment - Type of Resource Resource Name Ability to Support Mitigation Personnel Resource Community Development Community Development is responsible for planning and building related activities including code
compliance, planning, and public works. Mitigation
activities related to planning and building can be
implanted by this department.

Financial Resource Finance Department Manages the financial affairs of the City. Provides financial information to the City Manager and City
Council regarding fiscal affairs of the City.

Mitigation activities include actions related to
funding availability for mitigation projects.

Financial Resource Police Department Offers public safety awareness and education programs, enforces public safety laws and engages
in emergency response activities to protect people,
property and the environment during and following a
disaster.

Personnel Resource Fire Department Provides fire safety public awareness and education programs, enforces fire safety laws, and engages in
emergency response activities to protect people,
property and the environment during and following a
disaster.

Item Number: 7.

27 6.5 FUNDING OPPORTUNITIES
The City of Desert Hot Springs has the same funding opportunities as Riverside County Operational Area. Please refer to Section 7.4 and Table 7.4 of the Riverside County MultiJurisdictional Hazard Mitigation Plan for a list of funding sources available. The city will seek the additional funding opportunities through grants, such as:
- Transportation Climate Communities (TTC)
- Community Resilience Center (CRC)
- Urban Greening Program
- FEMA Staffing for Adequate Fire and Emergency Response (SAFER) - Integrated Climate Adaptation & Resiliency Program (ICARP) SECTION 7.0 - MITIGATION STRATEGIES

7.1 GOALS AND OBJECTIVES
The City of Desert Hot Springs Hazard Mitigation planning team has identified a list of Mitigation Strategies and Goals for potential hazardous issues identified throughout the City which are listed below.

Goal 1
Attempt to provide the people protection from all hazards within the city and the City’s sphere of influence.

Objective 1.1
Ensure necessary means available are used to make notifications and needed direction of an imminent or potential hazard threat to the community. This can be accomplished through the counties Early Warning Notification System (EWNS) or vehicles warning speaker in the area of a potential hazard.

Objective 1.2
Protect the public’s health and safety by preparing for the response and recovery period from the effects from a natural or man-made disaster.

Goal 2
Improve emergency preparedness and response level of The City during all economic downturns.

Objective 2.1
Item Number: 7.

28 Provide additional training through grants and other available resources to city staff as economically as possible.

Objective 2.2
Attempt to obtain necessary supplies to support the staff and citizens of the community to be sustainable in the event of a major disaster.

Objective 2.3
Seek additional resources to fund additional equipment for The City’s EOC.

Goal 3 - Continue Community awareness and understanding of the need to be prepared for emergencies.

Objective 3.1
Increase Community Emergency Response (CERT) training as necessary to enhance community involvement.

Objective 3.2
Conduct quarterly public meetings on emergency preparedness in conjunction with the police department’s community policing program.

Objective 3.3
Invite community groups and private business to attend meetings on emergency preparedness.

Goal 4 – Improve roads at locations where the natural river crossings become impassable during storms or snowmelts.

Objective 4.1 – Seek necessary funding to improve and provide bridges in areas where flood prone crossings can delay emergency responders accessing different parts of the city.

7.2 MITIGATION ACTIONS
The City of Desert Hot Springs has had minor changes within the 2017 mitigation actions, the first table will provide a status of the mitigation plan actions of 2017 in current day.

The City of Desert Hot Springs has a main issue and concern with flooding. Its mitigation actions listed below are focused on flooding being a high priority hazard for the city. The city also tries to help its residents increase their preventive skills in dealing with disasters by providing training.

Item Number: 7.

29 2017 Mitigation Action Updates
Type of
Hazard
Mitigation Action Lead
Department /
Jurisdiction
Status Update
As of April
2024.

Flood
Desert Hot Springs MDP Line E-5 Stage 1
Project No. 6-8-00035
Approximately 3,700
lineal feet of underground storm drain beginning
at District’s existing
Line E channel near West Drive with upstream
end near Mesquite
Avenue.

City of Desert Hot
Springs Public
Works Department
Completed.

Flood
Desert Hot Springs Pierson Detention Basin
Stage 1 Project No. 6-8-00036
The proposed detention basin is located within
the city of Desert Hot Springs, just north of the
intersection of Pierson Boulevard and Foxdale
Drive.

City of Desert Hot
Springs Public
Works Department
Moved to LHMP
2024 continuing
mitigation plan.

Flood Mission Creek Channel
Dillon Road Bridge Stage 5
Project No. 6-8-00090
City of Desert Hot
Springs/ Riverside
County Flood
Control & Water
Conservation
District
Project has been
removed by City
decision. This
project will
continue in
conjunction with
DHS Bridges over
Various Water
Crossings Project.

Moved to LHMP
2024.

Flood Desert Hot Springs MDP Line C-1, Stage 1,
Project No. 6-8-00034-01
City of Desert Hot
Springs/Riverside
County Flood
Control & Water
Conservation
District
Design to be
completed by
09/2025,
Construction to
be completed in
2027. Move to
2024 LHMP.

Flood DHS Bridges over Various Water Crossings City of Desert Hot Springs
Incomplete,
moved to 2024
LHMP.

Flood Desert Hot Springs MDP Line A City of Desert Hot
Springs/Riverside
County Flood
Control & Water
Conservation
District
Incomplete,
moved to 2024
LHMP.

Item Number: 7.

30 2024 Mitigation Actions
Type of Hazard Mitigation Action Lead
Department /
Jurisdiction
Timeframe Cost Funding Source
Flood
Desert Hot
Springs Pierson
Dam Stage 1
Project No. 6-8-
00036
The proposed
dam is located
within the city of
Desert Hot
Springs, just north
of the intersection
of Pierson
Boulevard and
Foxdale Drive.

City of Desert Hot
Springs- Public
Works Department
- Engineering
Riverside County
Flood Control &
Water
Conservation
District
2025-2028 $8,920,000 Riverside County
Flood Control &
Water
Conservation
District – County
Flood – Funding
FMA
Flood Desert Hot
Springs MDP
Line C-1, Stage 1,
Project No. 6-8-
00034-01
City of Desert Hot
Springs Public
Works Department
– Engineering,
Riverside County
Flood Control &
Water
Conservation
District
Design to be
completed by
2025.

Construction to be
completed in
2027.
$3,800,000 Riverside County
Flood Control &
Water
Conservation
District – County
Flood – Funding
FMA
Flood DHS Bridges
over Various
Water Crossings
City of Desert Hot
Springs Public
Works Department
- Engineering
2025-2028 $19,890,000 Federal
Appropriations of
$2.5 Million, the
remaining is
currently
unfunded.

Flood Desert Hot
Springs MDP
Line A
City of Desert Hot
Springs Public
Works Department
– Engineering,
Riverside County
Flood Control &
Water
Conservation
District
2025-2028 $18,650,000 Riverside County
Flood Control &
Water
Conservation
District – Partially
Unfunded.

All CERT Training City of Desert Hot
Springs- City
Manager’s Office
May 2024-
December 2024
N/A EMPG Funding
All Emergency
Preparedness
Training & Drills
City of Desert Hot
Springs City
Manager’s Office -
Riverside County
Emergency
April 2024-
December 2024
N/A EMPG Funding
Item Number: 7.

31 Management
Department
Fire Increase Wildfire
Risk Awareness
Offer GIS hazard
mapping online for
residents,
developers, and
design
professionals.

City of Desert Hot
Springs
2024 - 2025 $1,000 City of Desert Hot
Springs General
Fund
Earthquake Pierson Bridge
Retrofit
City of Desert Hot
Springs
2028 $8,500,000 General Fund
SECTION 8.0 – PLAN IMPLEMENTATION AND MAINTENANCE PROCESS The City of Desert Hot Springs adopted the “Resolution to Adopt the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan” on March 5, 2019, as required by the Federal Disaster Mitigation and Cost Recovery Reduction Act of 2000. This was approved by the City Council. (Please see the attached.) SECTION 9.0 – INCORPORATION INTO EXISTING PLANNING MECHANISMS Due to the 2020 COVID pandemic, the city was not able to incorporate the 2017 Local Hazard Mitigation Plan into the city General Plan. However, the City of Desert Hot Springs will seek to adopt the Local Hazard Mitigation Plan 2024 into the city’s General Plan of 2020. The LHMP will be maintained as an extension of the General Plan Safety Element as part of the mitigation efforts.

Once the 2024 LHMP is approved and adopted by FEMA, the city will assure to present this to the City Council as an agenda item.

If we discover changes that have occurred during the evaluation, we will update the LHMP Revision Page as necessary and notify EMD to update our Annex.

City of Desert Hot Springs will oversee monitoring, evaluating and updating of our LHMP based on the review time frames. The Assistant City Manager along with the Public Works Administrative Assistant will review the LHMP on an annual basis and during major disaster events to re-evaluate the LHMP to adopt new items. The team will communicate with each department director as well as the police and fire chief.

Item Number: 7.

32 City of Desert Hot Springs will monitor and evaluate our Local Hazard Mitigation Plan (LHMP) on an annual basis with input from other city departments. Over the next 5 years, we will review the LHMP. We will assess, among other things:
• The goals and objectives address current and anticipated environments as the city grows. • The severity of risks has changed, increased or decreased. • The current available resources are appropriate for implementing the plan given the current economy.
• The outcomes occurred as expected (a demonstration of progress). • The agencies and other partners participated as originally proposed or additional participation is needed from other agencies.
• The California Building Code that is updated by the state every three years to assure all infrastructure is built to code for safety of all residents is followed by the city. • Any increase of resources of public safety.

SECTION 10.0 – CHANGES IN DEVELOPMENT
Since the 2017 Local Hazard Mitigation Plan flooding vulnerability has greatly increased as an entirety throughout the city. In August of 2023 when the city was greatly affected by Hurricane Hilary, the storm was measured to be a 1000-year storm. In February 2017, the city was also hit by a rainstorm measured at 100-year storm. The city has seen more frequent rainstorms causing great flooding throughout the community impacting roads of travel. However, since January 2024, the previous three major roadways impacted, were re-built to sustain more water flow from the creek to assist in alleviating flooding throughout the roads. These roads were built with additional culverts as well as cement instead of asphalt to avoid road breaking.

With population increased due to new housing developments, the city has noted the following changes and items to mitigate hazards:
- Building a third fire station to serve the additional housing, resulting in shorter response times.
- Building codes updated to state requirements.
- Increase in mitigation action to serve the population. - Reconstruction of damaged roadways to better serve during flooding events. - Increase drainage maintenance districts in communities with risk of flooding.

Item Number: 7.

33 SECTION 11.0 – CONTINUED PUBLIC INVOLVEMENT
After we go through the Scheduled Plan Maintenance Process of reviewing the LHMP annually, we will notify the public of any additions or changes in the LHMP. This will be accomplished through scheduled Public Safety meetings and community outreach meetings which are anticipated to be scheduled for each quarter next year, as well as by uploading the LHMP to the City website.

Item Number: 7.

34 APPENDIX A – PUBLIC NOTICES AND MAPS

SEE ATTACHMENTS
A-1 – City Website Public Opportunity
A-2 – City Hall Public Opportunity
Figure A-1 – Public Opportunity on City Website
Item Number: 7.

35 Item Number: 7.

36 Figure A-2 – City Hall Public Opportunity
Item Number: 7.

37 APPENDIX B – INVENTORY WORKSHEETS

SEE ATTACHMENTS
Item Number: 7.

38 APPENDIX C – PLAN REVIEW TOOL/CROSSWALK

SEE ATTACHMENTS
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
1 APPENDIX B – INVENTORY

WORKSHEETS
City of Desert Hot Springs

LOCAL HAZARD
MITIGATION PLAN 2024

INVENTORY WORKSHEETS
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
2 City of Desert Hot Springs
March 2024

TABLE OF CONTENTS
Introduction: These documents are meant to be discussed, used, and reviewed by a multidisciplinary team within your jurisdiction. The Participation by a wide range of stakeholders who play a role in identifying and implementing mitigation actions is required to create a comprehensive worksheet.

LOCAL JURISDICTION CONTACT INFORMATION................................................................. 3 HAZARD IDENTIFICATION QUESTIONAIRE OVERVIEW....................................................... 4 HAZARD IDENTIFICATION QUESTIONAIRE (TABLE 1A) .................................................. 5 SPECIFIC HAZARDS SUMMARY OVERVIEW......................................................................... 7 SPECIFIC HAZARDS SUMMARY (TABLE 1B)..................................................................... 7 JURISDICTION VULNERABILITY WORKSHEET OVERVIEW ................................................ 8 JURISDICTION VULNERABILITY WORKSHEET (TABLE 1C) ............................................ 9 JURISDICTION MITIGATION STRATEGIES AND GOALS OVERVIEW .................................10 JURISDICTION MITIGATION STRATEGIES AND GOALS (TABLE 1D) .............................10 LOCAL JURISDICTION MITIGATION STREGIES AND GOALS CONTINUED ...................15

LOCAL JURISDICTION PROPOSED MITIGATION ACTION AND STRATEGY PROPOSAL OVERVIEW ..............................................................................................................................15

LOCAL JURISDICTION PROPOSED MITIGATION ACTION AND STRATEGY PROPOSAL (Table 1E).............................................................................................................................16 LOCAL JURISDICTION DEVELOPMENT TRENDS QUESTIONNAIRE OVERVIEW..............18 LOCAL JURISDICTION DEVELOPMENT TRENDS QUESTIONNAIRE 2023 (Table 1F)....19 Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
3 LOCAL JURISDICTION CONTACT INFORMATION
PLEASE IDENTIFY THE FOLLOWING INFORMATION:

Agency/Jurisdiction: Desert Hot Springs
Type Agency/Jurisdiction: City
Agency Address: 11999 Palm Drive. Desert Hot Springs, CA 92240 Contact Person Full Name/ Title: Frank Luckino – City Manager Point of Contact Phone Number: (760)329-6411 x101
Point of Contact Email: fluckino @cityofdhs.org
Total Population Served: 32,512 (2020 Census)
Jurisdiction Square Miles Served: 26.5
Does your organization have a general plan? Yes.

Does your organization have a safety component to the general plan? Yes.

What year was your general plan last updated? 2020
Does your organization have a disaster/Emergency Operations Plan (EOP)? Yes.

What year was your plan last updated? 2007
Do you have a recovery annex or section in your EOP?
Do you have a terrorism annex or section in your EOP?
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
4 HAZARD IDENTIFICATION QUESTIONAIRE OVERVIEW
The purpose of the questionnaire is to help identify the hazards within your jurisdiction’s service area. The list was developed from the first round of meetings with the various working groups during the 2012 Multi-Jurisdictional Local Hazard Mitigation Plan (MJLHMP) development. Each hazard identified in the Operational Area is discussed in detail in the 2018 MJLHMP. The information identified in this questionnaire will be used as the basis for each jurisdiction to evaluate its capabilities, determine its needs, and to assist in developing goals and strategies.

The information will help identify:
a) What hazards are within or adjacent to the jurisdiction’s service area? b) Which of those hazards have had reoccurring events?
c) What specific hazards and risks are considered by the jurisdiction to be a threat specifically to the jurisdiction? [These locations should be identified by name and location for inclusion in the Specific Hazard Summary (Table 1B)]

1. Specific types of facilities owned and operated by the jurisdiction and potential impact should be considered

2. Locations of damage from prior disasters or hazard causing events should be considered
d) Information about the jurisdiction's EOC
Instructions: With your Multi-Disciplinary Planning Team, you should take the following steps:
a) Instructions for updating jurisdictions: Review your old questionnaire for accuracy and relevance, mark changes.
b) Instructions for new jurisdictions: meet and go over the questionnaire. Fill in YES, NO or NA on the questionnaire.

Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
5 HAZARD IDENTIFICATION QUESTIONAIRE (TABLE 1A)
DOES YOUR ORGANIZATION HAVE:

AIRPORT IN JURISDICTION No.

AIRPORT NEXT TO JURISDICTION Yes.

DAIRY INDUSTRY No.

POULTRY INDUSTRY No.

CROPS/ORCHARDS Yes.

DAMS IN JURISDICTION No.

DAMS NEXT TO JURISDICTION No.

LAKE/RESERVOIR IN JURISDICTION No.

LAKE/RESERVOIR NEAR JURISDICTION No.

JURISDICTION IN FLOOD PLAIN Yes.

CONTROLLED FLOOD CONTROL CHANNEL Yes.

UNCONTROLLED FLOOD CONTROL CHANNEL Yes.

EARTHQUAKE FAULTS IN JURISDICTION Yes.

EARTHQUAKE FAULTS NEXT TO JURISDICTION Yes.

MOBILE HOME PARKS Yes.

NON-REINFORCED FREEWAY BRIDGES No.

NON-REINFORCED BRIDGES No.

BRIDGES IN FLOOD PLAIN Yes.

BRIDGES OVER OR ACROSS RIVER/STREAM No.

ROADWAY CROSSING RIVER/STREAM No.

NON-REINFORCED BUILDINGS No.

FREEWAY/MAJOR HIGHWAY IN JURISDICTION Yes.

FREEWAY/MAJOR HIGHWAY NEXT TO JURISDICTION Yes.

FOREST AREA IN JURISDICTION No.

FOREST AREA NEXT TO JURISDICTION No.

WITHIN THE 50 MILES SAN ONOFRE EVACUATION ZONE No.

MAJOR GAS/OIL PIPELINES IN JURISDICTION Yes.

MAJOR GAS/OIL PIPELINES NEXT TO JURISDICTION Yes.

RAILROAD TRACKS IN JURISDICTION No.

RAILROAD TRACKS NEXT TO JURISDICTION Yes.

HAZARDOUS WASTE FACILITIES IN JURISDICTION No.

HAZARDOUS WASTE FACILITIES NEXT TO JURISDICTION No.

HAZARDOUS STORAGE FACILITIES IN JURISDICTION No.

HAZARDOUS STORAGE FACILITIES NEXT TO JURISDICTION No.

DOES YOUR ORGANIZATION OWN OR OPERATE A FACILITY
IN A FLOOD PLAIN Yes.

NEAR FLOOD PLAIN Yes.

NEAR RAILROAD TRACKS No.

NEAR A DAM No.

UPSTREAM FROM A DAM No.

DOWNSTREAM FROM A DAM No.

DOWNSTREAM OF A LAKE No.

DOWNSTREAM FROM A RESERVOIR No.

NEAR A CONTROLLED FLOOD CONTROL CHANNEL Yes.

NEAR UNCONTROLLED FLOOD CONTROL CHANNEL Yes.

ON AN EARTHQUAKE FAULT Yes.

NEAR AN EARTHQUAKE FAULT Yes.

WITHIN THE 50 MILE SAN ONOFRE EVACUATION ZONE No.

Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
6 HAZARD IDENTIFICATION QUESTIONAIRE CONTINUED (Table 1A) DOES YOUR ORGANIZATION OWN OR OPERATE A FACILITY CONTINUED:

IN A FOREST AREA No.

NEAR A FOREST AREA No
NEAR A MAJOR HIGHWAY No.

A HAZARDOUS WASTE FACILITY No.

NEAR A HAZARDOUS WASTE FACILITY No.

A HAZARDOUS STORAGE FACILITY No.

NEAR A HAZARDOUS STORAGE FACILITY No.

NON-REINFORCED BUILDINGS Yes.

A MAJOR GAS/OIL PIPELINE Yes.

NEAR A MAJOR GAS/OIL PIPELINE Yes.

DOES YOUR ORGANIZATION HAVE ANY LOCATIONS THAT:

HAVE BEEN DAMAGED BY EARTHQUAKE AND NOT REPAIRED No.

HAVE BEEN DAMAGED BY FLOOD Yes.

HAVE BEEN DAMAGED BY FLOOD MORE THAN ONCE Yes.

HAVE BEEN DAMAGED BY FOREST FIRE No.

HAVE BEEN DAMAGED BY FOREST FIRE MORE THAN ONCE No
HAVE BEEN DAMAGED BY WILDLAND FIRE No.

HAVE BEEN DAMAGED BY WILDLAND FIRE MORE THAN ONCE No.

HAVE BEEN IMPACTED BY A TRANSPORTATION ACCIDENT Yes.

HAVE BEEN IMPACTED BY A PIPELINE EVENT No.

EMERGENCY OPERATIONS INFORMATION
DOES YOUR ORGANIZATION HAVE AN EOC Yes.

IS YOUR EOC LOCATED IN A FLOOD PLAIN No.

NEAR FLOOD PLAIN Yes.

NEAR RAILROAD TRACKS No.

NEAR A DAM No.

UPSTREAM FROM A DAM No.

DOWNSTREAM FROM A DAM No.

DOWNSTREAM OF A LAKE No.

DOWNSTREAM FROM A RESERVOIR No.

NEAR A CONTROLLED FLOOD CONTROL CHANNEL No.

NEAR UNCONTROLLED FLOOD CONTROL CHANNEL No.

ON AN EARTHQUAKE FAULT Yes.

NEAR AN EARTHQUAKE FAULT Yes.

WITHIN THE 50 MILE SAN ONOFRE EVACUATION ZONE No.

IN A FOREST AREA No.

NEAR A FOREST AREA No.

NEAR A MAJOR HIGHWAY No.

A HAZARDOUS WASTE FACILITY No.

NEAR A HAZARDOUS WASTE FACILITY No.

A HAZARDOUS STORAGE FACILITY No.

NEAR A HAZARDOUS STORAGE FACILITY No.

NON-REINFORCED BUILDINGS No.

A MAJOR GAS/OIL PIPELINE No.

NEAR A MAJOR GAS/OIL PIPELINE No.

OTHER FACILITY INFORMATION
ARE THERE LOCATIONS WITHIN YOUR JURISDICTION THAT:

COULD BE CONSIDERED A TERRORIST TARGET No.

COULD BE CONSIDERED A BIO-HAZARD RISK No.

Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
7 SPECIFIC HAZARDS SUMMARY OVERVIEW
Instructions: Review the Hazard Identification Questionnaire (Ref. Table 1A) to identify the information (name, owner, location, etc.) about the specific hazards identified.

In the Specific Hazards Summary Table (Ref. Table 1B), list the basic information of the hazards identified by the jurisdiction in the Hazard Identification Questionnaire (Ref. Table 1A) as a potential threat. These specific hazards should be used in the development of response plans, maps, and other analysis data. a) Instructions for updating jurisdictions and special districts: With your planning team, review the “Yes” answers and see if there were any changes, if so, summarize why there is a difference from the 2018. b) Instructions for New Jurisdictions and Special Districts: With your planning team, review the “Yes” answers and discuss. Use the information as a group to summarize your jurisdiction’s hazards and vulnerabilities.

SPECIFIC HAZARDS SUMMARY (TABLE 1B)
Jurisdiction Hazard Type Hazard Name In
Jurisdiction?
Adjacent to
Jurisdiction?
Desert Hot
Springs
Fault San Andreas Yes. Yes.

Desert Hot
Springs
Pipe Line Along I-10 Yes. Yes.

Desert Hot
Springs
Rail Road Tracks Santa Fe Yes. Yes.

Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
8 JURISDICTION VULNERABILITY WORKSHEET OVERVIEW
The Jurisdiction Vulnerability Worksheet (Ref. Table 1C) is a listing of the primary hazards identified within the Riverside County 2018 MJLHMP. Each jurisdiction is asked to evaluate the impact of a potential event to occur in their jurisdiction for each primary hazard.

The bases of potential impacts from each hazard are to be determined on:

1. Economic conditions

2. Property, facilities, and infrastructure

3. Continuity of operations including continued delivery of services

4. Ability to quickly recover from the event and return to normal daily activities

5. Public; loss of life and potential injuries from the event

6. Responders’ ability to respond and provide services

7. Environmental conditions

8. Public confidence in the jurisdiction’s governance
INSTRUCTIONS: Jurisdictions are asked to rate the potential and severity for each hazard using a scale of between 0 and 4 (4 being the most severe). The jurisdictions are also asked to rank the listed hazards as they relate to their jurisdiction from 1 to 24 (1 being the highest overall threat to their jurisdiction). a. Instructions for updating jurisdictions: Review the table from the previous update and determine if your jurisdiction’s ranking from the current LHMP remains the same.
b. Instructions for new jurisdictions: Please evaluate the potential for an event to occur in your jurisdiction by hazard. Then, evaluate the potential impact of that event by hazard on your jurisdiction according to potential impacts #1-8 listed above.

Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
9 JURISDICTION VULNERABILITY WORKSHEET (TABLE 1C)

HAZARDS LOCAL JURISDICTION

NATURAL DISASTER / CLIMATE

SEVERITY
0 - 4

PROBABILITY
0 - 4

RANKING
1-24
EARTHQUAKE 4 4 1
FIRE 4 3 3
FLOOD 4 3 2
AQUEDUCT FAILURE 3 2 12
DROUGHT 3 2 11
STORM 3 3 5
INSECT INFESTATION 2 2 22
LANDSLIDE 3 2 18
TORNADO 3 1 25
EXTREME WEATHER - HEAT 4 4 4

ANTHOPOGENIC / TECHNOLOGICAL
CIVIL DISORDER 3 2 17
COMMUNICATIONS FAILURE 3 2 14
CYBER ATTACK/ CYBER TERRORISM 2 2 21
DAM FAILURE 3 1 24
ELECTRICAL FAILURE 3 2 6
HAZARDOUS MATERIALS INCIDENT 4 2 16
JAIL/PRISON EVENT 2 1 23
NUCLEAR INCIDENT 4 1 19
PIPELINE DISRUPTION 3 2 10
RADIOLOGICAL INCIDENT 3 1 20
TERRORIST EVENT – MASS CASUALTY INCIDENT (MCI) 4 2 15
TRANSPORTATION FAILURE 3 2 9
WATER SUPPLY DISRUPTION / CONTAMINATION 4 3 13

MEDICAL
EMERGENT DISEASE / CONTAMINATION 4 3 8
PANDEMIC 4 4 7
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
10 JURISDICTION MITIGATION STRATEGIES AND GOALS OVERVIEW This table is a listing of the various mitigation strategies, goals, and objectives developed for the 2012 MJLHMP plan development and the 2018 MJLHMP update. Participating jurisdictions are given the opportunity to list additional strategies, goals, and objectives specific to their jurisdiction.

Instructions: Jurisdictions are asked to take the following steps with their planning team:
a. Instructions for Updating Jurisdictions: Review the table (Ref. Table 1D); determine if your ranking from the 2018 MJLHMP remains the same and update the table accordingly.
b. Instructions for New Jurisdictions: please follow steps below.

Evaluate the priority level for each listed mitigation goal identified below as it relates to your jurisdiction or facility. If you have any additional mitigation goals or recommendations, please list them at the end of this document.

Place an H (High), M (Medium), L (Low), or N/A (Not Applicable) for your priority level for each mitigation goal in the box next to the activity.

JURISDICTION MITIGATION STRATEGIES AND GOALS (TABLE 1D)

EARTHQUAKE
H Aggressive public education campaign in-light of predictions M Generate new literature for dissemination to:

M ◊ Government employees
M ◊ Businesses
M ◊ Hotel/motel literature
L ◊ Local radio stations for education
L ◊ Public education via utilities
L ◊ Identify/create television documentary content
M Improve the Emergency Alert System (EAS)
M ◊ Consider integration with radio notification systems M ◊ Upgrade alerting and warning systems for hearing impaired M ◊ Training and maintenance
H Procure earthquake-warning devices for critical facilities H Reinforce emergency response facilities
N/A Provide training to hospital staffs
H Require earthquake gas shutoffs on remodels/new construction H Evaluate re-enforcing reservoir concrete bases
H Evaluate EOCs for seismic stability
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
11 EARTHQUAKE CONTINUED
N/A Install earthquake cutoffs at reservoirs
H Install earthquake-warning devices at critical facilities N/
A
Develop a dam inundation plan for new Diamond Valley Reservoir H Earthquake retrofitting:

H ◊ Bridges/dams/pipelines
H ◊ Government buildings/schools
H ◊ Mobile home parks
H Develop educational materials on structural reinforcement and home inspections H Ensure Uniform Building Code compliance
M ◊ Update to current compliance when retrofitting
H Insurance coverage on public facilities
H Funding for non-structural abatement (Earthquake kits, etc.) N/A Pre - identify empty commercial space for seismic re-location N/A Electrical co-generation facilities need retrofitting/reinforcement (Palm Springs, others?) N/A Mapping of liquefaction zones
M Incorporate County geologist data into planning
N/A Backup water supplies for hospitals
M Evaluate pipeline seismic resiliency
N/A Pre-positioning of temporary response structures
H Fire sprinkler ordinance for all structures
H Evaluate adequacy of reservoir capacity for sprinkler systems N/A Training/standardization for contractors performing retrofitting N/A Website with mitigation/contractor/retrofitting information M ◇ Links to Jurisdictions
M ◇ Alerting Information
M ◇ Volunteer Information
H Evaluate depths of aquifers/wells for adequacy during quakes H Evaluate hazmat storage regulations near faults
H Funding for non-structural abatement (Earthquake kits, etc.) N/A Pre - identify empty commercial space for seismic re-location N/A Electrical co-generation facilities need retrofitting/reinforcement (Palm Springs, others?) N/A Mapping of liquefaction zones
M Incorporate County geologist data into planning
N/A Backup water supplies for hospitals

COMMUNICATIONS IN DISASTER ISSUES
H Communications Interoperability
H Harden repeater sites
M Continue existing interoperability project
H Strengthen/harden
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
12 COMMUNICATIONS IN DISASTER ISSUES CONTINUED
M Relocate
H Redundancy
H Mobile repeaters
FLOODS
H Update development policies for flood plains
H Public education on locations of flood plains
H Develop multi-jurisdictional working group on floodplain management L Develop greenbelt requirements in new developments
H Update weather pattern/flood plain maps
L Conduct countywide study of flood barriers/channels/gates/water dispersal systems H Required water flow/runoff plans for new development
H Perform GIS mapping of flood channels, etc.

H Install vehicular crossing gates/physical barriers for road closure H Maintenance of storm sewers/flood channels
H Create map of flood channels/diversions/water systems etc.

L Require digital floor plans on new non-residential construction H Upgrade dirt embankments to concrete
L Conduct countywide needs study on drainage capabilities N/A Increase number of pumping stations
M Increase sandbag distribution capacities
Develop pre-planned response plan for floods
◊ Evacuation documentation
◊ Re-examine historical flooding data for potential street re-design Training for city/county PIOs about flood issues
Warning systems - ensure accurate information provided
◊ Publicize flood plain information (website?)
◊ Install warning/water level signage
◊ Enhanced public information
◊ Road closure compliance
◊ Shelter locations
◊ Pre-event communications
Look at County requirements for neighborhood access
◊ Secondary means of ingress/egress
Vegetation restoration programs
Ensure critical facilities are hardened/backed up
L Develop pre-planned response plan for floods
M ◊ Evacuation documentation
M ◊ Re-examine historical flooding data for potential street re-design H Training for city/county PIOs about flood issues
M Warning systems - ensure accurate information provided M ◊ Publicize flood plain information (website?)
L ◊ Install warning/water level signage
H ◊ Enhanced public information
H ◊ Road closure compliance
M ◊ Shelter locations
M ◊ Pre-event communications
M Look at County requirements for neighborhood access
M ◊ Secondary means of ingress/egress
L Vegetation restoration programs
H Ensure critical facilities are hardened/backed up
L Hardening water towers
L Terrorism Surveillance - cameras at reservoirs/dams
L Riverbed maintenance
L Evaluate existing lift stations for adequacy
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
13 FLOODS CONTINUED
M Acquisition of property for on-site retention
L Evaluate regulations on roof drainage mechanism
L Erosion-resistant plants
H Traffic light protection
H Upkeep of diversionary devices
H Install more turn-off valves on pipelines
H Backup generation facilities
H Identify swift water rescue capabilities across County H Upkeep of diversionary devices
H Install more turn-off valves on pipelines
H Backup generation facilities
H Identify swift water rescue capabilities across County

WILDFIRES
H Aggressive weed abatement program
M ◊ Networking of agencies for weed abatement
L Develop strategic plan for forest management
M Public education on wildfire defense
H Encourage citizen surveillance and reporting
H Identify hydrants with equipment ownership information H Enhanced firefighting equipment
L Fire spotter program/red flag program
L ◊ Expand to other utilities
L Research on insect/pest mitigation technologies
M Volunteer home inspection program
M Public education program
L ◊ Weather reporting/alerting
L ◊ Building protection
L ◊ Respiration
M Pre-identify shelters/recovery centers/other resources L Roofing materials/defensive spacing regulations
L Community task forces for planning and education
L Fuel/dead tree removal
H Strategic pre-placement of firefighting equipment
H Establish FEMA coordination processes based on ICS
H Brush clearings around repeaters
L Research new technologies for identifying/tracking fires L Provide fire-resistant gel to homeowners
M Involve insurance agencies in mitigation programs
H Clear out abandoned vehicles from oases
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
14 WILDFIRES CONTINUED
H Code enforcement
L Codes prohibiting fireworks
L Fuel modification/removal
H Evaluate building codes
H Maintaining catch basins

OTHER HAZARDS
H Improve pipeline maintenance
L Wetlands, mosquito mitigation (West Nile Virus)
L Insect control study
N/A Increase County Vector Control capacities
H General public drought awareness
H ◇ Lawn watering rotation
N/A Develop County drought plan
M Mitigation of landslide-prone areas
M Develop winter storm sheltering plan
N/A Ease permitting process for building transmission lines N/A Evaluate restrictions on dust/dirt/generating activities during wind seasons N/A Rotational crop planning/soil stabilization
N/A Enhance agricultural checkpoint enforcement
N/A Agriculture - funding of detection programs
H Communications of pipeline maps (based on need to know) M Improved notification plan on runaway trains
M Improve/maintain blackout notification plan.

H Support business continuity planning for utility outages H Terrorism training/equipment for first responders
H ◇ Terrorism planning/coordination
H ◇ Staffing for terrorism mitigation
M ◇ Include dirty bomb planning
H Cooling stations - MOUs in place
L Fire Ant eradication program
L White Fly infestation abatement/eradication program
H Develop plan for supplemental water sources
L Public education on low water landscaping
N/A Salton Sea desalinization
M Establish agriculture security standards (focus on water supply) H ID mutual aid agreements
L Vulnerability assessment on fiber-optic cable
N/S Upgrade valves on California aqueduct
M Public education
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
15 LOCAL JURISDICTION MITIGATION STREGIES AND GOALS CONTINUED Use the list and rankings identified (Table 1C & Table 1D) to narrow down or identify “your” prioritized strategies. The mitigation strategy serves as the long-term blueprint for reducing the potential losses identified in the risk assessment. The mitigation strategy includes the development of goals, objectives, and prioritized mitigation actions.

Goals are general guidelines that explain what you want to achieve. They are broad policy statements and are usually long-term and represent global visions, such as “Protect existing property.”
Objectives define strategies or implementation steps to attain the identified goals.

Unlike goals, objectives are specific, measurable, and may have a defined completion date. Objectives are more specific, such as “Increase the number of buildings protected from flooding.”
The development of effective goals and objectives enables the planning team to evaluate the merits of alternative mitigation actions and the local conditions in which these activities would be pursued.

In the 2018 MJLHMP, each jurisdiction was required to develop a Mitigation Strategy Proposal based on one of the following:
a) The strategy, goal, or objective rating “High Priority” on the Local Jurisdiction Mitigation Strategies and Goals
b) A specifically identified strategy, goal, or objective that was developed as part of one of the working groups planning sessions such as the hospitals or agriculture
c) A specifically identified strategy, goal, or objective that was developed as part of one of the jurisdiction’s internal working group planning sessions

LOCAL JURISDICTION PROPOSED MITIGATION ACTION AND STRATEGY

OTHER HAZARDS CONTINUED
H Cooling stations - MOUs in place
L Fire Ant eradication program
L White Fly infestation abatement/eradication program
H Develop plan for supplemental water sources
L Public education on low water landscaping
M ◇ Bi-lingual signs
M ◇ Power Outage information
N/A Notification system for rail traffic - container contents H Control and release of terrorism intelligence
N/A Develop prison evacuation plan (shelter in place?)
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
16 PROPOSAL OVERVIEW
Instructions: Jurisdictions are asked to take the following steps with their planning team:
a. Instructions for updating jurisdictions: review the local jurisdiction mitigation strategies and goals table (Ref. Table 1D) and determine if your jurisdiction’s ranking from the 2018 LHMP remains the same.

Review the chosen mitigation strategy that your jurisdiction submitted. The updated plan must identify the completed, deleted, or deferred actions or activities from the previously approved plan as a benchmark for progress.

If the mitigation actions or activities remain unchanged from the previously approved plan, the updated plan must indicate why changes are not necessary. Further, the updated plan shall include in its prioritization any new mitigation actions identified since the previous plan was approved or through the plan update process. b. Instructions for new jurisdictions: use the “High Priority” rated strategy, goal or objective as a starting point to determine your mitigation strategy proposal.

LOCAL JURISDICTION PROPOSED MITIGATION ACTION AND STRATEGY PROPOSAL (Table 1E)

MITIGATION STRATEGY INFORMATION
Proposal Name: Drainage
Proposal Location: Citywide
Proposal Type:

Place an “X” by the type of mitigation strategy (one or more may apply) X Flood and mud flow mitigation
Fire mitigation
Elevation or acquisition of repetitively damaged structures or structures in high hazard areas
Mitigation Planning (i.e. update building codes, planning develop guidelines, etc.) Development and implementation of mitigation education programs Development or improvement of warning systems
Additional Hazard identification and analysis in support of the local hazard mitigation plan
Drinking and/or irrigation water mitigation
Earthquake mitigation
Agriculture - crop related mitigation
Agriculture - animal related mitigation
Flood inundation/Dam failure
Weather/Temperature event mitigation
Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
17 DESCRIPTION OF THE PROPOSED MITIGATION STRATEGY
Proposal/
Event History:

List any previous disaster related events (dates, costs, etc.) The Disaster #357333 Date: 2/13/2019-2/15/2019- Rain Storm $36,789.00
Description of
Mitigation Goal
Narrative:

Give a detailed description of the need for the proposal, any history related to the proposal. List the activities necessary for its completion in the narrative section below, including estimated timeline. (How long will it take) Mitigation action “DHS Bridgers over Various Water Crossings” is a project TBD when funding is obtained.

Does your jurisdiction have primary responsibility for the proposal? (Yes or No) If not, what is the responsible agency?
Funding Information
Instructions: Place an "X" by the proposed source of funding for this proposal Unfunded proposal - funds are not available for the proposal at this time X Local jurisdiction General Fund
Local jurisdiction Special Fund (road tax, assessment fees, etc.) Non-FEMA Hazard Mitigation Funds
Local Hazard Mitigation Grant Funds - Future Request
X Hazard Mitigation Funds
Has your jurisdiction evaluated this mitigation strategy to determine its cost benefits in relationship to the potential damage or? (Yes or No)
As part of this process, each Submitting Jurisdiction is required to perform a cost-benefit analysis. They were required to answer the question at the bottom of the Proposal page that asks if they had conducted a Cost-Benefit Analysis of some type. This analysis was conducted either by completing a Cost Benefit form or by some other approved method. Many of the jurisdictions used the Benefit-Cost Analysis approach outlined on the FEMA website.

Historically, some jurisdictions have identified proposals that were highlighted as a lifesafety issue over a standard hazard proposal. This was done when there was either historical data or other sources of information indicating that the life-safety issue needed to be emphasized or brought to the public’s attention.

Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
18 LOCAL JURISDICTION DEVELOPMENT TRENDS QUESTIONNAIRE OVERVIEW LAND USE ISSUES - COMPLETE THE INFORMATION BELOW (Ref. Table 1F) This questionnaire identifies a comparison of specific land use issues from 2018, 2023 and 2028. The questionnaire also identifies the specific threat potential to the jurisdiction in relationship to residential and commercial structures along with critical facilities. This threat potential is focused on structural loss rather than dollar loss as it relates to the three main natural hazards – earthquakes, floods, and wildland fires. The determination of dollar loss relating to commercial and critical facilities was found to be very limited and a difficult to establish.

The questionnaire also requires the jurisdiction to identify the process it will use to maintain their portion of the Plan.

Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
19 LOCAL JURISDICTION DEVELOPMENT TRENDS QUESTIONNAIRE 2023 (Table 1F) JURISDICTION: DOES YOUR AGENCY HAVE RESPONSIBILITY FOR LAND USE AND/OR DEVELOPMENT ISSUES WITHIN YOUR JURISDICTIONAL BOUNDARIES? YES NO
2018 DATA 2024 DATA 2028
Current Population in Jurisdiction or Served 29,742 32,716 Projected Population in Jurisdiction or Served - in 2028 N/A Current Sq Miles in Jurisdiction or Served 26.5 26.5 Projected Sq Miles in Jurisdiction or Served - in 2028 N/A Does Your Jurisdiction have any ordinances or
regulations dealing with disaster mitigation,
disaster preparation, or disaster response?
Yes. Yes If yes, please list ordinance or regulation number.

What is the number one land issue your agency
will face in the next five years
Approximate Number of Homes/Apts/etc. 10,776 N/A Projected Number of Homes/Apts/etc.- in 2028 N/A Approximate Total Residential Value $218.000 N/A Projected Residential Total Value - in 2028 N/A Approximate Number of Commercial Businesses N/A Projected Number of Commercial Businesses - in 2028 N/A Approximate Percentage of Homes/Apts/etc in
flood hazard zones
N/A Approximate Percentage of Homes/Apts/etc in flood
hazard zones - in 2028
N/A
Approximate Percentage of Homes/Apts/etc in
earthquake hazard zones
N/A Approximate Percentage of Homes/Apts/etc in earthquake hazard zones - in 2028
N/A
Approximate Percentage of Homes/Apts/etc in
wildland fire hazard zones
N/A Approximate Percentage of Homes/Apts/etc in wildland fire hazard zones - in 2028
N/A
Approximate Percentage of Commercial
Businesses in flood hazard zones
N/A Approximate Percentage of Commercial Businesses in
flood hazard zones - in 2028
N/A
Approximate Percentage of Commercial
Businesses in earthquake hazard zones
N/A Approximate Percentage of Commercial Businesses in
earthquake hazard zones - in 2028
N/A
Approximate Percentage of Commercial
Businesses in wildland fire hazard zones
N/A Approximate Percentage of Commercial Businesses in
wildland fire hazard zones - in 2028
N/A
Number of Critical Facilities in your Jurisdiction
that are in flood hazard zones
N/A Projected Number of Critical Facilities in your Jurisdiction that are in flood hazard zones - in 2028
N/A
Number of Critical Facilities in your Jurisdiction
that are in earthquake hazard zones
N/A Number of Critical Facilities in your Jurisdiction that are in earthquake hazard zones - in 2028
N/A
Number of Critical Facilities in your Jurisdiction
that are in wildland fire hazard zones.

N/A Number of Critical Facilities in your Jurisdiction that are in wildland fire hazard zones - in 2028
N/A
Does your jurisdiction plan on participating in the
County's on-going plan maintenance program
every two years as described in Part I of the plan?
If not, how will your jurisdiction do plan maintenance? Will a copy of this plan be available for the various planning groups within your jurisdiction for use in future planning and budgeting? Yes or No

Item Number: 7.

City of Desert Hot Springs - ANNEX

LOCAL HAZARD MITIGATION PLAN
20

Item Number: 7.

FEMA Region IX Local Hazard Mitigation Plan Review Tool 1

REGION IX LOCAL HAZARD MITIGATION PLAN REVIEW TOOL
Updated 12/4/2019
The Local Hazard Mitigation Plan Review Tool demonstrates how the Local Hazard Mitigation Plan meets the regulation in 44 CFR §201.6 and offers State and FEMA Mitigation Planners an opportunity to provide feedback to the community.
• The Regulation Checklist provides a summary of FEMA’s evaluation of whether the plan has addressed all requirements.
• The Plan Assessment identifies the plan’s strengths as well as documents areas for future improvement. This section also includes a list of resources for implementation of the plan. • The Multi-Jurisdiction Summary Sheet is a mandatory worksheet for multi-jurisdictional plans that is used to document which jurisdictions are eligible to adopt the plan. • The Hazard Identification and Risk Assessment Matrix is a tool for plan reviewers to identify if all components of Element B are met.

Jurisdiction: Title of Plan: Date of Plan:

Local Point of Contact: Address:

Title:

Agency:

Phone Number: E-Mail:

State Reviewer: Title: Date:

Date Received at State Agency
Date Sent to FEMA
FEMA Reviewer: Title: Date:

Date Received in FEMA Region IX
Date Not Approved
Date Approvable Pending Adoption
Date Approved
Item Number: 7.

2 FEMA Region IX Local Mitigation Plan Review Tool
SECTION 1:

REGULATION CHECKLIST
INSTRUCTIONS: The Regulation Checklist must be completed by FEMA. The purpose of the Checklist is to identify the location of relevant or applicable content in the plan by element/subelement and to determine if each requirement has been ‘Met’ or ‘Not Met.’ The ‘Required Revisions’ summary at the bottom of each element must be completed by FEMA to provide a clear explanation of the revisions that are required for plan approval. Required revisions must be explained for each plan sub-element that is ‘Not Met.’ Sub-elements should be referenced in each summary by using the appropriate numbers (A1, B3, etc.), where applicable.

Requirements for each Element and sub-element are described in detail in the Local Plan Review Guide in Section 4, Regulation Checklist.

1. REGULATION CHECKLIST
Regulation (44 CFR 201.6 Local Mitigation Plans)
Location in
Plan
(section
and/or
page number)
Met Not
Met
ELEMENT A. PLANNING PROCESS
A1. Does the plan document the planning
process, including how it was prepared
and who was involved in the process for
each jurisdiction? (Requirement
§201.6(c)(1))
a. Does the plan provide
documentation of how the plan was
prepared? This documentation must
include the schedule or timeframe and
activities that made up the plan’s
development as well as who was
involved.
b. Does the plan list the jurisdiction(s)
participating in the plan that are
seeking approval?
c. Does the plan identify who
represented each jurisdiction?
(At a minimum, it must identify the
jurisdiction represented and the
person’s position or title and agency
within the jurisdiction.)
A2. Does the plan document an
opportunity for neighboring
communities, local and regional agencies
involved in hazard mitigation activities,
agencies that have the authority to
regulate development as well as other
interests to be involved in the planning
process? (Requirement §201.6(b)(2))
a. Does the plan document an
opportunity for neighboring
communities, local, and regional
agencies involved in hazard mitigation
activities, agencies that have the
authority to regulate development, as
well as other interested parties to be
involved in the planning process?
b. Does the plan identify how the
stakeholders were invited to
participate in the process?
Item Number: 7.

FEMA Region IX Local Hazard Mitigation Plan Review Tool 3

1. REGULATION CHECKLIST
Regulation (44 CFR 201.6 Local Mitigation Plans)
Location in
Plan
(section
and/or
page number)
Met Not
Met
A3. Does the plan document how the
public was involved in the planning
process during the drafting stage?
(Requirement §201.6(b)(1))
a. Does the plan document how the
public was given the opportunity to be
involved in the planning process?
b. Does the plan document how the
public’s feedback was incorporated
into the plan?
A4. Does the plan describe the review and incorporation of existing plans, studies, reports, and technical information? (Requirement §201.6(b)(3)) A5. Is there discussion of how the community(ies) will continue public participation in the plan maintenance process? (Requirement §201.6(c)(4)(iii)) A6. Is there a description of the method
and schedule for keeping the plan
current (monitoring, evaluating and
updating the mitigation plan within a 5-
year cycle)? (Requirement
§201.6(c)(4)(i))
a. Does the plan identify how, when,
and by whom the plan will be
monitored (how will implementation
be tracked) over time?
b. Does the plan identify how, when,
and by whom the plan will be
evaluated (assessing the effectiveness
of the plan at achieving stated purpose
and goals) over time?
c. Does the plan identify how, when,
and by whom the plan will be updated
during the 5-year cycle?
ELEMENT A: REQUIRED REVISIONS
ELEMENT B. HAZARD IDENTIFICATION AND RISK ASSESSMENT
(Reviewer: See Section 4 for assistance with Element B) B1. Does the plan include a description of
the type, location, and extent of all
natural hazards that can affect each
jurisdiction(s)? (Requirement
§201.6(c)(2)(i))
a. Does the plan include a general
description of all natural hazards that
can affect each jurisdiction?
b. Does the plan provide rationale for
the omission of any natural hazards
that are commonly recognized to
affect the jurisdiction(s) in the planning
area?
c. Does the plan include a description
of the type of all natural hazards that
can affect each jurisdiction?
d. Does the plan include a description
of the location for all natural hazards
that can affect each jurisdiction?
e. Does the plan include a description
of the extent for all natural hazards
that can affect each jurisdiction?
Item Number: 7.

4 FEMA Region IX Local Mitigation Plan Review Tool

1. REGULATION CHECKLIST
Regulation (44 CFR 201.6 Local Mitigation Plans)
Location in
Plan
(section
and/or
page number)
Met Not
Met
B2. Does the plan include information on
previous occurrences of hazard events
and on the probability of future hazard
events for each jurisdiction?
(Requirement §201.6(c)(2)(i))
a. Does the plan include information
on previous occurrences of hazard
events for each jurisdiction?
b. Does the plan include information
on the probability of future hazard
events for each jurisdiction?
B3. Is there a description of each
identified hazard’s impact on the
community as well as an overall
summary of the community’s
vulnerability for each jurisdiction?
(Requirement §201.6(c)(2)(ii))
a. Is there a description of each
hazard’s impacts on each jurisdiction
(what happens to structures,
infrastructure, people, environment,
etc.)?
b. Is there a description of each
identified hazard’s overall vulnerability
(structures, systems, populations, or
other community assets defined by the
community that are identified as being
susceptible to damage and loss from
hazard events) for each jurisdiction?
B4. Does the plan address NFIP insured structures within the jurisdiction that have been repetitively damaged by floods? (Requirement §201.6(c)(2)(ii)) ELEMENT B: REQUIRED REVISIONS
ELEMENT C. MITIGATION STRATEGY
C1. Does the plan document each
jurisdiction’s existing authorities,
policies, programs and resources and its
ability to expand on and improve these
existing policies and programs?
(Requirement §201.6(c)(3))
a. Does the plan document each
jurisdiction’s existing authorities,
policies, programs and resources?
b. Does the plan document each
jurisdiction’s ability to expand on and
improve these existing policies and
programs?
C2. Does the plan address each jurisdiction’s participation in the NFIP and continued compliance with NFIP requirements, as appropriate? (Requirement §201.6(c)(3)(ii))
C3. Does the plan include goals to reduce/avoid long-term vulnerabilities to the identified hazards? (Requirement §201.6(c)(3)(i))
C4. Does the plan identify and analyze a
comprehensive range of specific
mitigation actions and projects for each
jurisdiction being considered to reduce
a. Does the plan identify and analyze a
comprehensive range of specific
mitigation actions and projects to
reduce the impacts from hazards?
Item Number: 7.

FEMA Region IX Local Hazard Mitigation Plan Review Tool 5

1. REGULATION CHECKLIST
Regulation (44 CFR 201.6 Local Mitigation Plans)
Location in
Plan
(section
and/or
page number)
Met Not
Met
the effects of hazards, with emphasis on
new and existing buildings and
infrastructure? (Requirement
§201.6(c)(3)(ii))
b. Does the plan identify mitigation
actions for every hazard posing a
threat to each participating
jurisdiction?
c. Do the identified mitigation actions
and projects have an emphasis on new
and existing buildings and
infrastructure?
C5. Does the plan contain an action plan
that describes how the actions identified
will be prioritized (including cost benefit
review), implemented, and administered
by each jurisdiction? (Requirement
§201.6(c)(3)(iv)); (Requirement
§201.6(c)(3)(iii))
a. Does the plan explain how the
mitigation actions will be prioritized
(including cost benefit review)?
b. Does the plan identify the position,
office, department, or agency
responsible for implementing and
administering the action, potential
funding sources and expected
timeframes for completion?
C6. Does the plan describe a process by
which local governments will integrate
the requirements of the mitigation plan
into other planning mechanisms, such as
comprehensive or capital improvement
plans, when appropriate? (Requirement
§201.6(c)(4)(ii))
a. Does the plan identify the local
planning mechanisms where hazard
mitigation information and/or actions
may be incorporated?
b. Does the plan describe each
community’s process to integrate the
data, information, and hazard
mitigation goals and actions into other
planning mechanisms?
c. The updated plan must explain how
the jurisdiction(s) incorporated the
mitigation plan, when appropriate,
into other planning mechanisms as a
demonstration of progress in local
hazard mitigation efforts.

ELEMENT C: REQUIRED REVISIONS
ELEMENT D. PLAN REVIEW, EVALUATION, AND IMPLEMENTATION
(Applicable to plan updates only)
D1. Was the plan revised to reflect changes in development? (Requirement §201.6(d)(3))
D2. Was the plan revised to reflect progress in local mitigation efforts? (Requirement §201.6(d)(3))
D3. Was the plan revised to reflect changes in priorities? (Requirement §201.6(d)(3))
ELEMENT D: REQUIRED REVISIONS
Item Number: 7.

6 FEMA Region IX Local Mitigation Plan Review Tool

1. REGULATION CHECKLIST
Regulation (44 CFR 201.6 Local Mitigation Plans)
Location in
Plan
(section
and/or
page number)
Met Not
Met
ELEMENT E. PLAN ADOPTION
E1. Does the plan include documentation that the plan has been formally adopted by the governing body of the jurisdiction requesting approval? (Requirement §201.6(c)(5))
E2. For multi-jurisdictional plans, has each jurisdiction requesting approval of the plan documented formal plan adoption? (Requirement §201.6(c)(5)) ELEMENT E: REQUIRED REVISIONS
OPTIONAL: HIGH HAZARD POTENTIAL DAM RISKS (Applicable to jurisdictions interested in becoming sub applicants to FEMA’s Rehabilitation of High Hazard Potential Dams (HHPD) Grant Program only) HHPD1. Did Element A4 (planning process) describe the incorporation of existing plans, studies, reports, and technical information for high hazard potential dams? HHPD2. Did Element B3 (risk assessment) address HHPDs?
HHPD3. Did Element C3 (mitigation goals) include mitigation goals to reduce longterm vulnerabilities from high hazard potential dams that pose an unacceptable risk to the public?
HHPD4. Did Element C4-C5 (mitigation actions) address HHPDs prioritize mitigation actions to reduce vulnerabilities from high hazard potential dams that pose an unacceptable risk to the public?

REQUIRED REVISIONS
ELEMENT F. ADDITIONAL STATE REQUIREMENTS
(Optional for State Reviewers only; not to be completed by FEMA) F1.

F2.

ELEMENT F: REQUIRED REVISIONS
Item Number: 7.

FEMA Region IX Local Hazard Mitigation Plan Review Tool 7 SECTION 2:

PLAN ASSESSMENT
INSTRUCTIONS: The purpose of the Plan Assessment is to offer the local community more comprehensive feedback to the community on the quality and utility of the plan in a narrative format. The audience for the Plan Assessment is not only the plan developer/local community planner, but also elected officials, local departments and agencies, and others involved in implementing the Local Mitigation Plan. The Plan Assessment must be completed by FEMA. The Assessment is an opportunity for FEMA to provide feedback and information to the community on: 1) suggested improvements to the Plan; 2) specific sections in the Plan where the community has gone above and beyond minimum requirements; 3) recommendations for plan implementation; and 4) ongoing partnership(s) and information on other FEMA programs, specifically RiskMAP and Hazard Mitigation Assistance programs. The Plan Assessment is divided into two sections:

1. Plan Strengths and Opportunities for Improvement

2. Resources for Implementing Your Approved Plan
Plan Strengths and Opportunities for Improvement is organized according to the plan Elements listed in the Regulation Checklist. Each Element includes a series of italicized bulleted items that are suggested topics for consideration while evaluating plans, but it is not intended to be a comprehensive list. FEMA Mitigation Planners are not required to answer each bullet item and should use them as a guide to paraphrase their own written assessment (2-3 sentences) of each Element.

The Plan Assessment must not reiterate the required revisions from the Regulation Checklist or be regulatory in nature and should be open-ended and to provide the community with suggestions for improvements or recommended revisions. The recommended revisions are suggestions for improvement and are not required to be made for the Plan to meet Federal regulatory requirements. The italicized text should be deleted once FEMA has added comments regarding strengths of the plan and potential improvements for future plan revisions. It is recommended that the Plan Assessment be a short synopsis of the overall strengths and weaknesses of the Plan (no longer than two pages), rather than a complete recap section by section.

Resources for Implementing Your Approved Plan provides a place for FEMA to offer information, data sources and general suggestions on the plan implementation and maintenance process. Information on other possible sources of assistance including, but not limited to, existing publications, grant funding or training opportunities, can be provided. States may add state and local resources, if available.

Item Number: 7.

8 FEMA Region IX Local Mitigation Plan Review Tool
A. Plan Strengths and Opportunities for Improvement
This section provides a discussion of the strengths of the plan document and identifies areas where these could be improved beyond minimum requirements.

Element A: Planning Process
How does the Plan go above and beyond minimum requirements to document the planning process with respect to:
• Involvement of stakeholders (elected officials/decision makers, plan implementers, business owners, academic institutions, utility companies, water/sanitation districts, etc.);
• Involvement of Planning, Emergency Management, Public Works Departments or other planning agencies (i.e., regional planning councils);
• Diverse methods of participation (meetings, surveys, online, etc.); and • Reflective of an open and inclusive public involvement process.

Element B: Hazard Identification and Risk Assessment
In addition to the requirements listed in the Regulation Checklist, 44 CFR 201.6 Local Mitigation Plans identifies additional elements that should be included as part of a plan’s risk assessment. The plan should describe vulnerability in terms of:
1) A general description of land uses and future development trends within the community so that mitigation options can be considered in future land use decisions; 2) The types and numbers of existing and future buildings, infrastructure, and critical facilities located in the identified hazard areas; and
3) A description of potential dollar losses to vulnerable structures, and a description of the methodology used to prepare the estimate.

How does the Plan go above and beyond minimum requirements to document the Hazard Identification and Risk Assessment with respect to:
• Use of best available data (flood maps, HAZUS, flood studies) to describe significant hazards;
• Communication of risk on people, property, and infrastructure to the public (through tables, charts, maps, photos, etc.);
• Incorporation of techniques and methodologies to estimate dollar losses to vulnerable structures;
• Incorporation of Risk MAP products (i.e., depth grids, Flood Risk Report, Changes Since Last FIRM, Areas of Mitigation Interest, etc.); and
• Identification of any data gaps that can be filled as new data became available.

Item Number: 7.

FEMA Region IX Local Hazard Mitigation Plan Review Tool 9 Element C: Mitigation Strategy
How does the Plan go above and beyond minimum requirements to document the Mitigation Strategy with respect to:
• Key problems identified in, and linkages to, the vulnerability assessment; • Serving as a blueprint for reducing potential losses identified in the Hazard Identification and Risk Assessment;
• Plan content flow from the risk assessment (problem identification) to goal setting to mitigation action development;
• An understanding of mitigation principles (diversity of actions that include structural projects, preventative measures, outreach activities, property protection measures, postdisaster actions, etc); • Specific mitigation actions for each participating jurisdiction that reflects their unique risks and capabilities;
• Integration of mitigation actions with existing local authorities, policies, programs, and resources; and
• Discussion of existing programs (including the NFIP), plans, and policies that could be used to implement mitigation, as well as document past projects.

Element D: Plan Update, Evaluation, and Implementation (Plan Updates Only) How does the Plan go above and beyond minimum requirements to document the 5-year Evaluation and Implementation measures with respect to:
• Status of previously recommended mitigation actions;
• Identification of barriers or obstacles to successful implementation or completion of mitigation actions, along with possible solutions for overcoming risk; • Documentation of annual reviews and committee involvement; • Identification of a lead person to take ownership of, and champion the Plan; • Reducing risks from natural hazards and serving as a guide for decisions makers as they commit resources to reducing the effects of natural hazards; • An approach to evaluating future conditions (i.e. socio-economic, environmental, demographic, change in built environment etc.);
• Discussion of how changing conditions and opportunities could impact community resilience in the long term; and
• Discussion of how the mitigation goals and actions support the long-term community vision for increased resilience.

Item Number: 7.

10 FEMA Region IX Local Mitigation Plan Review Tool
B. Resources for Implementing and Updating Your Approved Plan This resource section is organized into three categories:
1) Guidance and Resources
2) Training Topics and Courses
3) Funding Sources
Guidance and Resources
Local Mitigation Planning Handbook
https://www.fema.gov/media-library/assets/documents/31598 Beyond the Basics
http://mitigationguide.org/
Mitigation Ideas
https://www.fema.gov/media-library/assets/documents/30627 Plan Integration: Linking Local Planning Efforts
https://www.fema.gov/media-library/assets/documents/108893 Integrating Disaster Data into Hazard Mitigation Planning https://www.fema.gov/media-library/assets/documents/103486 Integrating Historic Property and Cultural Resource Considerations into Hazard Mitigation Planning
https://www.fema.gov/ar/media-library/assets/documents/4317 Community Rating System User Manual
https://www.fema.gov/media-library/assets/documents/8768 U.S. Climate Resilient Toolkit
https://toolkit.climate.gov/
2014 National Climate Assessment
http://nca2014.globalchange.gov/
Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation http://ipcc-wg2.gov/SREX/images/uploads/SREX-All_FINAL.pdf FY15 Hazard Mitigation Assistance Unified Guidance
https://www.fema.gov/media-library/assets/documents/103279 Climate Resilient Mitigation Activities for Hazard Mitigation Assistance https://www.fema.gov/media-library/assets/documents/110202 Training
More information at https://training.fema.gov/emi.aspx or through your State Training Officer Mitigation Planning
IS-318 Mitigation Planning for Local and Tribal Communities https://training.fema.gov/is/courseoverview.aspx?code=is-318 IS-393 Introduction to Hazard Mitigation
https://training.fema.gov/is/courseoverview.aspx?code=is-393.a G-318 Preparing and Reviewing Local Plans
G-393 Mitigation for Emergency Managers
Hazard Mitigation Assistance (HMA) Grant Programs
Item Number: 7.

FEMA Region IX Local Hazard Mitigation Plan Review Tool 11 IS-212.b Introduction to Unified HMA
http://www.training.fema.gov/is/courseoverview.aspx?code=IS-212.b IS-277 Benefit Cost Analysis Entry Level
http://www.training.fema.gov/is/courseoverview.aspx?code=IS-277 E-212 HMA: Developing Quality Application Elements
E-213 HMA: Application Review and Evaluation
E-214 HMA: Project Implementation and Programmatic Closeout E-276 Benefit-Cost Analysis Entry Level
GIS and Hazus-MH
IS-922 Application of GIS for Emergency Management
http://www.training.fema.gov/is/courseoverview.aspx?code=IS-922 E-190 ArcGIS for Emergency Managers
E-296 Application of Hazus-MH for Risk Assessment
E-313 Basic Hazus-MH
Floodplain Management
E-273 Managing Floodplain Development through the NFIP
E-278 National Flood Insurance Program/ Community Rating System Potential Funding Sources
Hazard Mitigation Grant Program
POC: FEMA Region IX and State Hazard Mitigation Officer Website: https://www.fema.gov/hazard-mitigation-grant-program Pre-Disaster Mitigation Grant Program
POC: FEMA Region IX and State Hazard Mitigation Officer Website: https://www.fema.gov/pre-disaster-mitigation-grant-program Flood Mitigation Assistance Grant Program
POC: FEMA Region IX and State Hazard Mitigation Officer Website: https://www.fema.gov/flood-mitigation-assistance-grant-program Emergency Management Performance Grant Program
POC: FEMA Region IX
Website: https://www.fema.gov/emergency-management-performance-grant-program Item Number: 7.

12 FEMA RIX Local Mitigation Plan Review Tool
SECTION 3:

MULTI-JURISDICTIONAL SUMMARY SHEET
INSTRUCTIONS: For multi-jurisdictional plans, this summary sheet must be completed by listing each participating jurisdiction that is eligible to adopt the plan.

MULTI-JURISDICTION SUMMARY SHEET
# Jurisdiction Name Jurisdiction Type
Eligible to
Adopt the
Plan?
Plan POC Email
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15

Item Number: 7.
13 FEMA RIX Local Mitigation Plan Review Tool
SECTION 4:

HAZARD IDENTIFICATION AND RISK ASSESSMENT MATRIX (OPTIONAL) INSTRUCTIONS: This matrix can be used by the plan reviewer to help identify if all of the components of Element B have been met.

List out natural hazard names that are identified in the plan in the column labeled “Hazards” and put a “Y” or “N” for each component of Element B.

HAZARD IDENTIFICATION AND RISK ASSESSMENT MATRIX
Hazard
Requirement Met? (Y/N)
Type Location Extent Previous
Occurrences Probability Impacts Vulnerability
Mitigation
Action

Item Number: 7.

RESOLUTION NO. 2024-_____

A RESOLUTION OF THE CITY OF THE CITY OF DESERT HOT

SPRINGS, CALIFORINA DROPTING THE CITY OF DESERT HOT
SPRINGS LOCAL HAZARD MITIGATION PLAN ANNEX 2024 FROM
THE RIVERSIDE COUNTY OPERATIONAL AREA MULTIJURISCTIONAL LOCAL HAZARD MITIGATION PLAN AS REQUIRED

BY THE FEDERAL DISASTER MITIGATION AND COST REDUCTION
ACT OF 2000
WHEREAS, The City of Desert Hot Springs recognizes the threat that natural hazards pose to people and property within the City of Desert Hot Springs; and WHEREAS, the City of Desert Hot Springs has prepared a multi-hazard mitigation plan, hereby known as the City of Desert Hot Springs Local Hazard Mitigation Plan 2024 in accordance with federal laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended; the National Flood Insurance Act of 1968, as amended; and the National Dam Safety Program Act, as amended; and WHEREAS, The City of Desert Hot Springs Local Hazard Mitigation Plan 2024 identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in the City of Desert Hot Springs from impacts of future hazards and disasters; and
WHEREAS, adoption by the City of Desert Hot Springs demonstrates its commitment to hazard mitigation and achieving the goals outlined in the City of Desert Hot Springs Local Hazard Mitigation Plan 2024.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, THAT:

Section 1. In accordance with (local rule for adopting resolutions), the City of Desert Hot Springs adopts the City of Desert Hot Springs Local Hazard Mitigation Plan 2024. While content related to the City of Desert Hot Springs may require revisions to meet the plan approval requirements, changes occurring after adoption will not require the City of Desert Hot Springs to re-adopt any further iterations of the Plan. Subsequent plan updates following the approval period for this plan will require separate adoption resolutions.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, at a regular meeting held on the 1st day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

Item Number: 7.

ABSTAIN:
_____________________________
Scott Matas, Mayor
ATTEST:
_______________________________
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Tuan-Anh Vu, City Attorney
Item Number: 7.

Item Number: 7.

Item Number: 7.

Item Number: 7.

SR-24-204
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 1, 2024
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Notice of Completion: Dillon Road Repair Project (City Project #2008) RECOMMENDATION:

Approve the work, accept the project, and direct the City Manager to file the Notice of Completion for the Dillon Road Repair, City Project # 2008.

BACKGROUND:

On August 20, 2023, Tropical Storm Hilary hit the Coachella Valley, and the City of Desert Hot Springs suffered major impacts. Extensive rain in the Mission Creek Watershed created substantial amounts of flood water, mud, and debris running down the Mission Creek. It was calculated that Mission Creek received rainfall equivalent to a 1,000-year storm event. The floods through Mission Creek began in the mountains to the north and flowed south through Desert Hot Springs, violently damaging everything in its pathway.

Approximately 300 feet of the Dillon Road low water crossing at Mission Creek was destroyed and completely washed out. Mission Creek's original depth and width size has increased, making the creek about two times deeper and about four times wider than it previously was. One power pole was broken in half, temporarily cutting power off to the surrounding neighborhoods, and utility lines that used to be buried were now completely exposed. Due to the extent of the damages, the roadway was completely closed in both directions.

On November 7, 2023, City Council approved Staff’s recommendation to authorize the City Manager to execute an agreement for construction of emergency road repairs between the City and KIP Incorporated in the amount not to exceed $1,399,819.00 and a total budget of $1,839,052.60 for the Dillon Road Repair, City Project No. 2008.

On January 16, 2024, City Council approved Staff’s recommendation to authorize the City Manager to develop, finalize, and execute a loan agreement between the City of Riverside County Transportation Commission for a loan amount of up to $7,500,000.00, for road repairs due to the storm damage.

The Federal Highway Administration (FHWA) and the California Department of Transportation (Caltrans), under delegated authority from FHWA, administer Emergency Relief (ER) funds as authorized by Congress to repair and reconstruct federal-aid routes that have suffered serious damage as a direct result of a declared event such as Tropical Storm Hilary.

Item Number: 8.

SR-24-204
The City is seeking reimbursement from FHWA for these expenses, but the availability of funds can occur between 1 to 4 years, therefore the objective of the loan was to ensure the City's emergency repair needs were met while balancing its related cash flow.

DISCUSSION:

On May 16, 2024, KIP Incorporated completed construction of the Dillon Road Repair, City Project #2008.

The project had change orders that were necessary during construction due to various necessary design changes and field adjustments such as the following major items; Field adjustments due to utility conflict at the crossing with water lines, sewer lines, gas line, and phone/fiber line. The box culvert design was changed to a triple 3ft x 7ft box culvert instead of a double 8ft x 4ft box culvert, due to utility line clearances at crossing, and environmental constraints to provide additional wildlife crossing area at crossing. There was additional asphalt concrete and concrete material that was necessary for connections, new striping plan, additional slope protection, and new cable rail safety fencing. Below is the summary of the original contract and change orders, details of the change orders are shown in the exhibits.
 Original Contract Amount = $1,399,819.00
 Change Orders = $326,321.00
 Contract Total with Change Order = $1,726,140.00
Note: FHWA approved reimbursement amount = $1,847,548.00 plus 20% contingency The work has been inspected and approved by the inspector and the City’s Engineering Division. The next step is for the City to record a Notice of Completion for the project, and submit for Federal Reimbursement.

FISCAL IMPACT:

Original Contract Amount = $1,399,819.00
Change Orders = $326,321.00
Contract Total with Change Order = $1,726,140.00
Note: FHWA approved reimbursement amount = $1,847,548.00 plus 20% contingency Funding sources for this project were from RCTC Loan and ARPA Funds.

There is no fiscal impact for filling the Notice of Completion.

ATTACHMENTS:
1) Notice of Completion Dillon Road Repair Project # 2008 KIP Incorporated 2) Pictures Dillon Road Repair Project #2008
3) Dillon Road Repair Project #2008 - Summary Expenses
Item Number: 8.