Agenda — Desert Hot Springs City Council, November 4, 2025 (part 1 of 2)

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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, November 4, 2025
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: (Louis Diaferio v. City of Desert Hot Springs, Riverside County Case No. CVPS2500583)

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Rizzio v. City of Desert Hot Springs et al., USDC, Riverside; Case Number: 5:25 – CV- 0167-RGK-AJR
RECESS
PRESENTATIONS - 5:30 P.M.

Palm Springs Unified School District Superintendent, Dr. Marcus Funchess
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

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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

CONFLICT OF INTEREST & LEVINE ACT DISCLOSURES
PUBLIC HEARINGS:

3. (Continued from October 7, 2025) Annexation No. 50 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 666-370-032 located north of 20th Street and west of Little Morongo Road
Geoffrey Buchheim, Administrative Services Director
Recommendation:
1) Staff Report;
2) Entertain questions of staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
5) Close the Public Hearing;
7 - 41

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6) City Council discussion and questions of Staff;
7) Adopt a Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2010-1 (Services) (Annexation No. 50);
8) Hold the election;
9) Canvass the election; and
10) Adopt a Resolution declaring election results for annexation to Community Facilities District No. 2010-1 (Services) (Annexation No. 50) Staff Report - SR-25-247 - Pdf

4. (Continued From October 7, 2025) Creating Special Tax Area 56 for Property (Amazon.com Services, LLC) for APN 666-370-039 located west of Little Morongo Road and north of 20th Street, to the Desert Hot Springs Special Public Safety Tax Area
Geoffrey Buchheim, Administrative Services Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
5) Close the Public Hearing;
6) City Council discussion and questions of Staff;
7) Hold the election;
8) Canvass the election; and
9) Adopt an Ordinance Establishing a Special Public Safety Tax Area Zone 56 (Amazon.com Services, LLC).

Staff Report - SR-25-246 - Pdf
43 - 64

5. Adoption of 2025 Building Codes Including Updates to the International Property Maintenance Code
Travis Clark, Community Development Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of 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 amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2025 edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building 65 - 84

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Standards Code, California Referenced Standards Code, International Property Maintenance Code, and to adopt local revisions to those Codes with selected appendices and amendments."
Staff Report - SR-25-243 - Pdf

6. An Extension of Urgency Interim Ordinance Adopting a Moratorium on the Issuance of Any License, Permit, or Entitlement That Is a Use Other Than the Ones Listed in This Ordinance for Any Business Located in the Commercial Business Park (C-BP) Zoning District Along Highway 62 Between North Indian Canyon Drive and
Interstate 10
Travis Clark, Community Development Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony of those in favor
5) Take public testimony of those in opposition;
6) Take public testimony of those in a neutral position; 8) Close the Public Hearing;
9) City Council discussion and questions to Staff; and
10) Adopt (by 4/5 vote of the City Council) and read by title only: "An Extension of the Urgency Interim Ordinance of the City Council of the City of Desert Hot Springs Adopting a Moratorium on the Issuance of Any License, Permit, or Entitlement That Is a Use Other Than the Ones Listed in This Ordinance for Any Business Located in the Commercial Business Park (C-BP) Zoning District Along Highway 62 Between North Indian Canyon Drive and Interstate 10."
Staff Report - SR-25-249 - Pdf
85 - 102
ADMINISTRATIVE CALENDAR:

7. Comprehensive Update on Efforts to Address Homelessness Doria Wilms, City Manager
Recommendation:

Staff seeks direction from the City Council regarding the preferred model for providing services to unhoused individuals in the City of Desert Hot Springs.
• Continue the current SWAG/CRT model: Maintain the existing approach to homelessness services and policy. Under this option, the City would not participate in the CVAG CV-200 Program or the partnership with Riverside County, CVAG, and the Coachella Valley Conservation Commission (CVCC) on the ERF Grant.

OR
• Adopt the Housing First model: Implement a Housing First approach and participate fully in the CVAG CV-200 Program, as 103 - 126

Page 4 of 198 ends

well as the partnership with Riverside County, CVAG, and CVCC on the ERF Grant.

Staff Report - SR-25-248 - Pdf
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.

8. City Council Regular Meeting Minutes: October 21, 2025 Jerryl Soriano, City Clerk
Recommendation: Approve the minutes as presented; or as corrected.

Staff Report - SR-25-251 - Pdf
127 - 132

9. Approve Professional Services Agreement for the Downtown Area and Palm Drive Corridor Infill Development Sewer Area
Implementation Plan
Daniel Porras, Deputy City Manager
Recommendation:

Authorize the City Manager to draft and negotiate a Professional Services Agreement between the City of Desert Hot Springs and Engineering Resources of Southern California, Inc. to prepare the Downtown Area and Palm Drive Corridor Infill Development Sewer Area Implementation Plan in an amount not to exceed $319,090.00 with a contingency of $31,909.00 (10%) for additional work approved by the City, which brings a total budget of $350,999.00.

Staff Report - SR-25-250 - Pdf
133 - 198

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.

November 11 Planning Commission CANCELED
November 13 Public Safety Commission 6:00 p.m.

November 18 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________

NOTICES

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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.

Disclosure of Campaign Contributions (Levine Act - Government Code Section 84308) Pursuant to Government Code section 84308, members of the City Council are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item in the previous 12 months. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a Councilmember in the previous 12 months are required to disclose that fact for the official record of the subject agenda item and shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient persons and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.

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SR-25-247
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 4, 2025
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: (Continued from October 7, 2025) Annexation No. 50 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 666-370- 032 located north of 20th Street and west of Little Morongo Road RECOMMENDATION:
1) Staff Report;
2) Entertain questions of staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
5) Close the Public Hearing;
6) City Council discussion and questions of Staff;
7) Adopt a Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2010-1 (Services) (Annexation No. 50);
8) Hold the election;
9) Canvass the election; and
10) Adopt a Resolution declaring election results for annexation to Community Facilities District No. 2010-1 (Services) (Annexation No. 50)
DISCUSSION:

On September 2, 2025, the City Council approved Resolution No. 2025-041 declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs (the "CFD No. 2010-1" or "District") and commence the annexation proceedings for the property for the purpose of levying special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed upon the City. A public hearing on this matter was scheduled for October 7, 2025. The City Council will conduct a public hearing regarding the annexation of approximately 94.91 acres of land to Community Facilities District No. 2010-1 (Services). This parcel is currently being developed. At the conclusion of the public hearing, the Council will consider adopting a resolution scheduling a special election within the territory to be annexed to the community facilities district on the question of the annual levy of special taxes on the annexing property to pay the costs of maintenance services financed by CFD No. 2010-

1. The resolution schedules the special election on October 7, 2025, immediately following the public hearing.

Item Number: 3.

Page 7 of 198 ends

SR-25-247
The services as described above may be funded with proceeds of the special tax of CFD No. 2010-1, as provided by Section 53313 of the California Government Code. The existing and new development of residential and non-residential properties does not provide sufficient revenues to provide landscape maintenance and lighting services. The City formed CFD No. 2010-1 (Services) to address this shortfall and to provide certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property. Special Tax rates are based on District costs, maintenance category, as well as land use category. These Special Tax rates are applied on a Benefit Unit basis determined by the property's Land Use Category which are one (1) BU per single-family residential unit, six tenths (0.6) BU per multi-family unit, five (5) BUs per acre for commercial and hotel property, and two (2) BUs per acre for industrial and religious property. To accommodate the unknown maintenance costs of future projects, properties are assigned Maintenance Categories with a rate per BU for providing services to those parcels. There are 36 Maintenance Categories included in the Rate and Method of Apportionment. These 36 Maintenance Categories range from $20.00 to $5,000 per BU which is determined by their Land Use Category.

After a Maintenance Category has been assigned, the Special Tax levied adjusts annually by the greater of the Consumer Price Index or two- and one-half percent at the beginning of each following fiscal year. The City can levy less than the maximum annual special tax if the full amount is not needed, but never more. Maintenance Category assignments can be seen in Exhibit B of the attached resolution calling an election. The proposed annexation to the District consists of approximately 94.91 acres.

The proposed special taxes for the properties included in this annexation for Fiscal Year 2025-26 is a maximum of $5,000 per BU and may increase annually by the greater of the Consumer Price Index or two- and one-half percent.

This fiftieth annexation to the District will increase CFD No. 2010-1 by one parcel, 94.91 nonresidential acres.

The property owner(s) requesting the annexation of its property to the community facilities district has delivered to the City Clerk a written waiver consenting to the special election being conducted by the City Clerk by October 7, 2025.

Immediately following the adoption of the resolution calling the election, the property owner will deliver a voted Official Ballot(s) to the City Clerk. The City Clerk will then canvass the voted ballot and report the results of the election to the Council. The Council will then consider the adoption of the resolution declaring the results of the election, which will complete the annexation of the property to the community facilities district.

FISCAL IMPACT:

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

All costs associated with the annexation to the CFD No. 2010-1 are to be paid for by the property owners/developers who are participating in the annexation to the CFD No. 2010-1 through an Item Number: 3.

Page 8 of 198 ends

SR-25-247
application fee of $5,000. The property owner is responsible for all costs and payment of associated levy amounts applied to the annual tax roll for maintenance services.

STRATEGIC ALIGNMENT:

This initiative supports the following goals of the City's Strategic Plan:

Goal 11: Financial and Operations
Continue to provide fiscally sound operations via the ongoing evaluation of city processes and operational needs to maximize efficiency, streamline processes and eliminate bureaucracy, when possible, to deliver outstanding customer service and professionalism in all interactions with residents and the public.

ATTACHMENTS:
1) Recorded Boundary Map Annex 50
2) Resolution Calling an Election
3) Petition Waiver Consent
4) Resolution Declaring Election Results
5) Letter From City Clerk Attesting No Registered Voters - CFD 2010-1 Annexation 50 6) Certificate Declaring Election Results
7) Public Hearing Notice
8) CouncilProperties_CFD2010-1_Annex50
Item Number: 3.

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THIS MAP SHOWSTHE BOUNDARIESOF AREASTO BE
ANNEXEDTO COMMUNITYFACILITIESDISTRICT NO.
2010-1 (SERVICES) OF THE CITY OF DESERT HOT

SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.THEBOUNDARIESOF WHICHCOMMUNITY

FACILITIESDISTRICT ARE SHOWN AND DESCRIBED

ON THE MAP THEREOF WHICH WAS PREVIOUSLY
RECORDEDON JUNE 8, 2010, IN BOOK74 OF MAPSOF

ASSESSMENTANDCOMMUNITYFACILITIESDISTRICTS
AT PAGE 81 ANDAS INSTRUMENTNO. 2010-0263725,

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

I HEREBYCERTIFYTHATTHE WITHIN MAP OR AREAS

TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 20104 (SERVICES) OF THE CITY OF

DESERTHOT SPRINGS,COUNTYOF RIVERSIDE,STATE

OF CALIFORNIA,WAS APPROVEDBYTHE CITYCOUNCIL

OF THE CITYOF DESERT HOT SPRINGSAT A REGULAR
MEETINGTHEREOF,HELDON THE 2nd DAYOF
5W9??-
_, 20 :5, BY ITS RESOLUTION
NO. :02;- o4l .

CIéELERK

CITYOF DESERTHOT SPRINGS

VICINITY MAP

NOT TO SCALE
IE
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19TH—AVE
ANNEXATION MAP NO. 50
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)

CITY OF DESERT HOT SPRINGS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
THIS ANNEXATIONMAP CORREC71YSHOWS THE LOT 0R PARCEL
OF LANDINCLUDEDWITHINTHEBOUNDARIESOF THECOMMUNITY Webb FACILITIESDISTRICT FOR DETAILSCONCERNINGTHE LINESAND uumcmnmmc: DIMENSIONSOF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'SMAPS FOR FISCAL YEAR 2025-2026.
666-370-039
0 500
Feet
1,000
COP‘O
SHEET 1 OF 1 SHEET
RECORDED THIS ? DAY OF sImbu— ,
203,5, AT THE HOUROFm O‘CLOCKELM,IN
IN BOOK31 PAGE 23 OF MAPSOF ASSESSMENT

AND COMMUNITYFACILITIESDISTRICTS IN THE

OFFICE OF THE COUNTYRECORDER,IN THE
COUNTYOF RIVERSIDE,STATE OF CALIFORNIA.

FEE: ‘9 NO.: zoIB—QITQHo?

PETER ALDANA, ASSESSOR, COUNTY CLERK,

RECORDER
BY:

DEPUTY

FILED IN THE OFFICE OF THE CITY CLERK,
CITY OF DESERT HOT SPRINGS, THIS 2nd
DAY OF 59"“ 20_Z_5_.

Q asCLERK g CITY OF DESERTHOT SPRINGS
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CFD BOUNDARY

PARCEL LINE
XXX-XXX—XXX PARCEL IDENTIFICATIONNUMBER
M:\GIS-AssessmentIDHSIBoundary_CFDZ 01 0-1_Annex50. mxd 4T O\
(f)
Item Number: 3.

Page 10 of 198 ends

Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 1 of 5 ends

RESOLUTION NO. 2025-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL

TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
(ANNEXATION NO. 50)
WHEREAS, on July 6, 2010 the City Council of the City of Desert Hot Springs (the “City”) approved Resolution No. 2010-037 establishing Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, County of Riverside, State of California (the "CFD No. 2010-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council called a special election for July 6, 2010, at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2010-1 were submitted to the qualified electors within the CFD No. 2010-1; and
WHEREAS, on July 6, 2010, the City Council adopted Resolution No. 2010-038 determining the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on September 2, 2025, duly adopted Resolution No. 2025-041 (the “Resolution of Intention”) declaring its intention to annex certain territory to Community Facilities District No. 2010-1 (Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for October 7, 2025.

WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 50 Community Facilities District No. 2010-1 (Services)" a copy of which was recorded, on September 11, 2025, in Book 97 of Maps of Assessment and Community Facilities Districts at Page(s) 25, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on October 7, 2025, not earlier than the hour of 6:00 p.m. at the City Council Chambers located at 11-999 Palm Drive, Desert Hot Springs, California 92240, relative to the proposed annexation of said territory to CFD No. 2010-1; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2010-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2010-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2010-1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2010-1 and the levying of a special tax as described in Exhibit B hereto; and
Item Number: 3.

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Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 2 of 5 ends

WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2010-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.

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

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

Section 1 Recitals. The foregoing recitals are true and correct.

Section 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2010-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

Section 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2010-1 are valid and in conformity with the requirements of the Act.

Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2010-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2010-1, will be levied annually in CFD No. 2010-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.

Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

Section 7. Tax Roll Preparation. The office of the Finance Director, 11-999 Palm Drive, City of Desert Hot Springs, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Finance Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Finance Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2010-1.

Section 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on November 4, 2025, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within Item Number: 3.

Page 12 of 198 ends

Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 3 of 5 ends

the boundaries of CFD No. 2010-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2010-1 on September 2, 2025, (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2010-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2010-1. (b) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2010-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. (c) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on November 4, 2025. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the Election Day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(d) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on November 4, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(e) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

Section 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2010-1 in his/her office.

Dated: November 4, 2025
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 3.

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Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 4 of 5 ends

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this fourth day of November 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 3.

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Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 5 of 5 ends

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on November 4, 2025, of which meeting all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

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

Dated: November 4, 2025
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 3.

Page 15 of 198 ends

EXHIBIT A

DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2010-1, as provided by Section 53313 of the Act, are the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of storm drainage and flood protection facilities, including, without limitation, drainage inlets and retention basins.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2010-1 or for the benefit of the properties within the boundaries of CFD No. 2010-1, as the boundary is expanded from time to time by anticipated annexations and said services may be financed by proceeds of the special tax of CFD No. 2010-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2010-1 before CFD No. 2010-1 was created.

Item Number: 3.

Page 16 of 198 ends

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

EXHIBIT B

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

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

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

Item Number: 3.

Page 17 of 198 ends

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

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

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

Item Number: 3.

Page 18 of 198 ends

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

Item Number: 3.

Page 19 of 198 ends

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

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

Item Number: 3.

Page 20 of 198 ends

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

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

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

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

For each Fiscal Year following Fiscal Year 2010-2011 the Backup Special Tax shall increase by the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, Item Number: 3.

Page 21 of 198 ends

City of Desert Hot Springs B-6
Community Facilities District No. 2010-1 (Services)
or by two and one half percent (2.50%), whichever is greater.

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

Page 22 of 198 ends

City of Desert Hot Springs B-7
Community Facilities District No. 2010-1 (Services)
TABLE 3
Assignment to Land Use Category
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Assessor Parcel No. Land Use Category Maintenance Category 666-360-017 E 36
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
For each Fiscal Year, the City shall determine the total amount of the Special Tax Requirement to be levied and collected to pay the costs of providing the Services during the Fiscal Year and shall levy the Special Tax as determined by the actual cost of providing services as shown in Exhibit A on all Assessor’s Parcels in all Land Use Categories and Maintenance Categories at the rates necessary to fully fund such costs; provided that such rates shall not exceed the Maximum Special Tax Rates for the Fiscal Year. In levying the Special Tax to fund the costs of providing the Services in each Fiscal Year, the City shall (a) determine the cost of providing the Services and the amount of the Special Tax per Benefit Unit to be levied on Assessor’s Parcels in each Maintenance Category to provide such Services; (b) levy the Special Tax on all Assessor’s Parcels in each Maintenance Category, as then applicable, based on the Benefit Units assigned to such Assessor’s Parcels depending on the Land Use Categories to which they are assigned. The amount of the Special Tax to be levied on any Assessor’s Parcel in any Fiscal Year shall be the total of the rates of Special Tax determined pursuant to clauses (a) and (b) above, to the extent that such clauses are applicable to the Assessor’s Parcel, based on the Land Use Category and Maintenance Category to which the Assessor’s Parcel is assigned and the Services which must be funded from the total amount of the Special Tax per Benefit Unit to be levied on all Assessor’s Parcels in the same Maintenance Category to fund the costs of such Services.

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

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

Item Number: 3.

Page 23 of 198 ends

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

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

TABLE 4
Proposed Benefit Units and Acreage
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Assessor Parcel No. Benefit Units Acreage
666-360-017 8 4
H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2010-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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

Item Number: 3.

Page 24 of 198 ends

EXHIBIT C

SPECIAL TAX ELECTION

CITY OF DESERT HOT SPRINGS

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
ANNEXATION NO. 50
(October 7, 2025)
This ballot is for the use of the authorized representative of the following owner of land within the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) (“CFD No. 2010-1”) Annexation No. 50:

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

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

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail in an adequate amount of time so that the City Clerk receives the signed ballot no later than October 7, 2025, the date set for the election.

Personal
Delivery: If in person, deliver to the City Clerk’s office (11-999 Palm Drive, Desert Hot Springs, 92240) any time before 4:00 p.m. on October 7, 2025. If after 4:00 p.m., please deliver to the City Clerk, at the City Council Chambers (11-999 Palm Drive, Desert Hot Springs, 92240) no later than 6:00 p.m.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 7, 2025.

Very truly yours,
Geoffrey Buchheim
Administrative Services Director
Item Number: 3.

Page 25 of 198 ends

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
ANNEXATION NO. 50
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

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

Shall the City Council of the City of Desert Hot Springs be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex Territory to Community Facilities District No. 2010-1 (Services) adopted by the City Council on September 2, 2025 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 50 of Community Facilities District No. 2010-1 (Services) City of Desert Hot Springs, County of Riverside,” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses)? YES _________

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 2025.

OWNER NAME
Signature
Print Name
Title
Item Number: 3.

Page 26 of 198 ends

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Item Number: 3.

Page 27 of 198 ends

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Page 30 of 198 ends

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Item Number: 3.

Page 31 of 198 ends

Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 1 of 4 ends

RESOLUTION NO. 2025-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2010-1 (SERVICES) (ANNEXATION NO. 50) WHEREAS, the City Council of the City of Desert Hot Springs (the "City") has heretofore conducted proceedings for the annexation of approximately 95 acres of land to Community Facilities District No. 2010-1 (Services) (the "CFD No. 2010-1") of the City of Desert Hot Springs, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for November 4, 2025, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2010-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot attached thereto as Exhibit A; and WHEREAS, a Certificate of Election Results, dated November 4, 2025, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election;

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

Section 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct.

Section 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2010-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

Section 3. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on November 4, 2025, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2010-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2010-1 on September 2, 2025 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2010-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2010-1.

Item Number: 3.

Page 32 of 198 ends

Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 2 of 4 ends

(b) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2010-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit A. (c) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on November 4, 2025. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on Election Day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(d) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on November 4, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.

Section 4. Declaration of Results. All votes voted in the special election on the proposition of the annual levy of special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2010-1 were voted in favor thereof, and such proposition carried.

Section 5. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2010-1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2010-1 as specified in Resolution No. 2025-041 adopted by the City Council on September 2, 2025. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 50 Community Facilities District No. 2010-1 (Services)" a copy of which was recorded, on September 11 2025, in Book 97 of Maps of Assessment and Community Facilities Districts at Page(s) 25, in the office of the Riverside County Recorder.

Section 6. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2010-1 including the annexed territory.

Section 7. Effect. This resolution shall take effect from and after its adoption.

Dated: November 4, 2025
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 3.

Page 33 of 198 ends

Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 3 of 4 ends

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this fourth day of November 2025 by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney

Item Number: 3.

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Resolution No. 2025-___
Date Adopted: November 4, 2025

Page 4 of 4 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

Dated: November 4, 2025
Jerryl Soriano, City Clerk
[SEAL]
Item Number: 3.

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EXHIBIT A

SPECIAL TAX ELECTION

CITY OF DESERT HOT SPRINGS

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 7, 2025.

Very truly yours,
Geoffrey Buchheim
Administrative Services Director
Item Number: 3.

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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
ANNEXATION NO. 50
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2025.

OWNER NAME
Signature
Print Name
Title
Item Number: 3.

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October 7, 2025
I, Jerryl Soriano, City Clerk of Desert Hot Springs, California, hereby attest that it has been determined that there are no registered voters residing within Community Facilities District No. 2010-1 Annexation No. 50.

Sincerely,
Jerryl Soriano, City Clerk
11-999 PALM DRIVE • DESERT HOT SPRINGS • CA • 92240
(760) 329-6411• www.cityofdhs.org

CITY OF DESERT HOT SPRINGS

OFFICE OF THE CITY CLERK
Item Number: 3.

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CITY OF DESERT HOT SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
ANNEXATION NO. 50

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Desert Hot Springs (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated ____________ 2025, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
Amazon.com Services LLC, a
Delaware limited liability company 95
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2025.

Jerryl Soriano
City Clerk
City of Desert Hot Springs
By:

(Attach completed copies of Waiver/Consent and Ballots) Item Number: 3.

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CITY OF DESERT HOT SPRINGS

NOTICE OF PUBLIC HEARING
Annexation of Territory to the Existing Community Facilities District No. 2010-1 (Services) – Annexation No. 50
NOTICE IS HEREBY GIVEN that the City Council of the City of Desert Hot Springs on September 2, 2025 adopted Resolution No. 2025-041, on file with the City Clerk, in which it declared its intention to annex territory to existing Community Facilities District No. 2010-1 (Services) (the "CFD No. 2010-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed, specifies the type of services to be financed, and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2010-1 is proposed. For further details, the resolution is available at the Office of the City Clerk, 11999 Palm Drive, and Desert Hot Springs, CA 92240.

NOTICE IS FURTHER GIVEN that the City Council will conduct a public hearing on the proposed annexation of said territory to the CFD No. 2010-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard.

The Public Hearing will be held as follows:

Location: City Hall / Council Chamber
11999 Palm Drive, Desert Hot Springs, CA 92240
Date: Tuesday, October 7, 2025
Time: 6:00 P.M. (or as soon thereafter as the matter may be heard) INTERESTED PERSONS MAY appear and be heard, or written comments may be sent to the City Council prior to the hearing. Written comments may be mailed or delivered in person to:

City Clerk, City of Desert Hot Springs, 11999 Palm Drive, Desert Hot Springs, CA 92240; or via email to [email protected], prior to 4:30 p.m. on November 7, 2023.

QUESTIONS AND INQUIRIES may be addressed to Geoffrey Buchheim, Administrative Services Director, at (760) 329-6411 Ext. 227 or via Email: [email protected] /s/ Jerryl Soriano, CMC
City Clerk
Item Number: 3.

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C
FD2010-1Annexation50
CouncilMemberProperties
Source:CountyofRiversideGIS,2025
CFD2010-1
Annexation50
2 0
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PALM DR
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PIERSONBLVD

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M:\GIS-Assessment\DHS\CouncilProperties_CFD2010-1_Annex50.mxd; Map revised Sept. 12, 2019 06,00012,000Feet

CITYOFDESERTHOTSPRINGS
LEGEND
Annex50(Northof20thAve.&WestofLittleMorongoRd.)
CityBoundary
CouncilMember'sProperty
500FootBuffer
CouncilMember'sProperty
JP-JanPye
DV-DirkVoss
DP-DanielPitts
GG-GaryGardner
SM-ScottMatas
Item Number: 3.

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SR-25-246
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 4, 2025
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: (Continued From October 7, 2025) Creating Special Tax Area 56 for Property (Amazon.com Services, LLC) for APN 666-370-039 located west of Little Morongo Road and north of 20th Street, to the Desert Hot Springs Special Public Safety Tax Area
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
5) Close the Public Hearing;
6) City Council discussion and questions of Staff;
7) Hold the election;
8) Canvass the election; and
9) Adopt an Ordinance Establishing a Special Public Safety Tax Area Zone 56 (Amazon.com Services, LLC).

BACKGROUND:

On September 2, 2025, the City Council adopted a Resolution Creating Special Tax Area Zone 56 (Amazon.com Services, LLC), Resolution No. 2025-043, within the Desert Hot Springs Special Public Safety Tax Area.

The Public Safety Tax Area Zone 56 (Amazon.com Services, LLC) is currently comprised of 94.91 acres of non-residential land, Assessor’s Parcel Number 666-370-039. This property is located west of Little Morongo Road and north of 20th Street.

It is anticipated that the Special Taxes levied by the District will provide funding for services and incidental expenses in connection with said services.

DISCUSSION:

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SR-25-246
the City budget does not contain adequate funding to ensure the continued delivery of adequate highquality public safety services unless additional revenues are obtained.

It is the purpose and intent of this Ordinance to generate additional funds to pay for police and fire protection services by authorizing the levy of a tax on improved parcels of real property on the secured property tax roll of Riverside County that are within Zone 56 of the Desert Hot Springs Special Public Safety Tax Area (the “Zone”). The voters of Zone 56 recognize the importance of adequate public safety services to the entire Desert Hot Springs community and approve this tax to ensure that those services will be maintained and improved citywide.

The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police and fire protection equipment or apparatus, for paying the salaries and benefits of police and fire protection personnel, and for such other police and fire protection service expenses as are deemed necessary for the benefit of the residents of Zone 56.

FISCAL IMPACT:

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

STRATEGIC ALIGNMENT:

This initiative supports the following goals of the City's Strategic Plan:

ATTACHMENTS:
1) Ordinance for Zone 56
2) PTAX2 Zone 56 Site Map
3) Certificate re Election Results - PTAX2 (Zone 56)
4) City Clerk Letter Attesting No Registered Voters
5) Council Properties Map PTAX2 Zone 56
Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

Page 1 of 6 ends

ORDINANCE NO. 2025-___

AN ORDINANCE OF THE CITY OF DESERT HOT SPRINGS

ESTABLISHING A SPECIAL PUBLIC SAFETY TAX FOR POLICE AND

FIRE PROTECTION SERVICES SUBJECT TO VOTER APPROVAL OF

THE VOTERS OF THE DESERT HOT SPRINGS PUBLIC SAFETY TAX
AREA ZONE 56 (AMAZON.COM SERVICES, LLC)
THE VOTERS OF ZONE 56 OF THE DESERT HOT SPRINGS SPECIAL PUBLIC SAFETY TAX AREA DO ORDAIN AS FOLLOWS:

Section 1. Purpose, Intent and Authority.

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

This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law. This tax is not an ad valorem property tax; it is an excise tax on the use of property. Because the revenue from the tax may be used only to fund public safety services, it is also a special tax.

This Ordinance is enacted pursuant to the authority of Government Code Section 54978 and is in compliance with that law and all others applicable to the tax. At the time that the Council submitted this Ordinance to the voters of Zone 56, there were 0 registered voters residing there is one property owner.

Because the Special Public Safety Tax will be imposed on property in Zone 56 and paid by the owners of the property, the Council finds that restricting the vote on the Special Public Safety Tax to property owners in Zone 56 is appropriate and consistent with the principles and requirements of California Constitution Article XIIIC (Proposition 218).

Section 2. Definitions.

The following definitions shall apply throughout this Ordinance.

A. “Animal control services” means services directed toward maintaining a safe and stray-free community, including but not limited to the enforcement of applicable State and City laws and citing of Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

Page 2 of 6 ends

B. violators; kennel operation and maintenance services; care for impounded animals and adoption services; pick-up of stray animals; issuing and recording dog licenses; investigating animal abuse; handling endangered species; removing wild animals and reptiles from the community; and administrative costs related to those activities.

C. “Code enforcement services” means services directed toward the enforcement of provisions of the Desert Hot Springs Municipal Code related to public nuisances, including but not limited to zoning, signs, land use, and property maintenance violations; business licensing; removal of abandoned vehicles; and administrative costs related to those activities.

D. “Constant first year dollars” shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Section 3(A) herein. The adjustments from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section 3(B) herein.

E. “Consumer Price Index” means the Consumer Price Index for all Urban Consumers (CPI-U) for the Riverside-San Bernardino-Ontario in the month of March as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised.

F. “Fiscal year” means the period of July 1 through the following June 30.

G. “Desert Hot Springs Special Public Safety Tax Area” means all the properties within the jurisdictional limits of the City of Desert Hot Springs.

H. “Desert Hot Springs Special Public Safety Tax Area Zone 56” (the “Zone”) means that portion of the incorporated area of the City of Desert Hot Springs located within the boundaries described in Exhibit A hereto and as shown on the map Exhibit B hereto.

I. “Fire protection services” means the services provided by the Riverside County Fire Department pursuant to A Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Aid for the City of Desert Hot Springs, or any successor agreement, entered into by and between the City and Riverside County Fire Department, or another public agency, and the administrative costs directly related to those activities.

J. “Parcel” means the land and any improvements thereon, designated by an assessor’s parcel map and parcel number and carried on the secured property tax roll of Riverside County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of the Zone nor any land or improvements owned by any governmental entity.

K. “Police protection services” means services protecting the safety of the citizens of the City through the maintenance of law and order, including but not limited to the enforcement of criminal, civil, and vehicular laws and provisions of the Desert Hot Springs Municipal Code; services to enhance the quality of life, environment, and safety of the citizens of the City; services responding to calls for police assistance; services in cooperation with other City departments, including code enforcement and animal administrative costs directly related to those activities.

L. “Public safety services” means police protection, fire protection, code enforcement, and animal control services.

M. Pursuant to Government Code §54978, “voter” means a person owning real property within the Zone at the time this Ordinance was adopted, as shown on the last equalized assessment roll prepared by the Riverside County Assessor’s Office.

Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

Page 3 of 6 ends

Section 3. Amount and Level of Taxes. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.

A. For First Fiscal Year:

The tax per year for the first fiscal year (July 1, 2025, through June 30, 2026) shall be the amount of Tax per Parcel for a Property Use Code Category as set forth in Exhibit C hereto. The use code assigned to each parcel shall be reviewed and updated periodically.

B. For Subsequent Fiscal Year:

In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year the tax is levied.

For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows:

Tax Per Parcel
For the Current
Fiscal Year =
Tax Per Parcel
For Preceding
Fiscal Year X
Consumer Price Index
for April of immediately
Preceding Fiscal Year
OR 1.03, whichever is
less
Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year.

C. Nature of Tax Levy.

The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.

D. Reduction of Tax for Parcels Subject to Existing Public Safety Parcel Tax.

The tax imposed on any parcel in Zone 56 shall not be reduced by the amount of tax imposed on that parcel pursuant to Ordinance No. 517 (codified as §§ 35.150 et seq. of the Desert Hot Springs Municipal Code). The tax imposed on any parcel in Zone 56 pursuant to this ordinance shall be the full amount set forth in Exhibit C, adjusted for inflation as provided for in Section 3(B).

Section 4. Collection and Administration.

A. Taxes as Liens Against the Property.

The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.

B. Collection.

The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which Riverside County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedures regarding exceptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes (as established Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

Page 3 of 6 ends

by Riverside County) shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:

Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

Page 4 of 6 ends

1. The secured roll tax bills shall be the only notices required for this tax, and

2. The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.

C. Costs of Administration by County.

The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.

D. Use of Tax Revenue.

The revenue collected from the tax imposed by this ordinance shall be placed into a separate account and may be used only to fund public safety services, including the costs of administering and collecting the tax and enforcing the provisions of this ordinance. Revenue from the tax may be used for public safety services citywide.

E. Refunds.

1. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City pursuant to this ordinance, it may be refunded as provided in this Section.

2. No refund may be made except upon a written claim verified by the person who paid the tax or by his or her guardian or conservator or the executor or administrator of his or her will or estate and stating the grounds upon which the claim is made. All claims filed pursuant to this subsection must be presented within one year after payment of the amount for which the claimant is seeking a refund.

3. No order of a refund may be made until a written claim therefore has been presented in accordance with this subsection. No suit for money, damages or a refund may be brought against the City until a written claim therefore has been presented to the City and has been acted upon or has been deemed rejected by the City, in accordance with this subsection. Only the person who filed the claim may bring such a suit, and if another person should do so, judgment shall not be rendered for the plaintiff.

F. Initiatives to Affect Tax.

Consistent with the California Constitution (art. XIIIC, §3) the tax imposed by this ordinance may be affected by initiative. The procedures for qualification of such an initiative and the election on a qualified initiative shall be consistent with the California Constitution (art. 2, sec. 8), the California Elections Code (Chapter 3 of Division 9), and the Municipal Code. The minimum number of signatures necessary to qualify an initiative to affect the tax approved by this ordinance shall be equal to 5 percent of the votes in the City for all candidates for Governor at the last gubernatorial election. The election on a qualified initiative to affect the tax shall be a regular citywide election. An initiative affecting the tax shall be approved only if at least two-thirds of the votes cast on the measure are in favor of its approval.

Section 5. Severability Clause.

If any article section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance.

The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

Page 4 of 6 ends

including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.

Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

Page 5 of 6 ends

Section 6. Effective Date and Posting.

A. Canvass of Election.

The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on November 4, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall certify the results of the election.

B. Effective Date
This Ordinance shall take effect immediately upon its approval by two-thirds of the voters voting within the Zone in an election to be held on November 4, 2025, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2026.

Dated: November 4, 2025
[SIGNATURES FOLLOW ON THE NEXT PAGE]
.

Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

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Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

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APPROVED by the following vote of the Voters of Zone 56 of the Desert Hot Springs Special Public Safety Tax Area on November 4, 2025: Yes Votes: _____ No. Votes: Percent (%) Approval:
_____
PASSED AND ADOPTED by Declaration of the vote by the City Council of the City of Desert Hot Springs on this fourth day of November 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 4.

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Ordinance No. 2025-___
Date Adopted: November 4, 2025

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Item Number: 4.

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EXHIBIT A

DESERT HOT SPRINGS SPECIAL PUBLIC SAFETY TAX
ZONE 56 (AMAZON.COM SERVICES, LLC)

ZONE DESCRIPTION
The City of Desert Hot Springs Special Public Safety Tax District (the “District”) boundary is coterminous with that of the City of Desert Hot Springs’ (the “City”) incorporated territory. Each zone within the District is a portion of that area and is described below by Riverside County Assessor’s Parcel Number (APN) included within the zone.
(Note: the APNs are current as of the Final Tax Lien Assessment Roll for FY 2025-2026) Assessor's Parcel No. Lot Size Acres
666-370-039 94.91
Item Number: 4.

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Item Number: 4.

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EXHIBIT B

BOUNDARY MAP

SPECIAL PUBLIC SAFETY TAX AREA
ZONE 56 (AMAZON.COM SERVICES, LLC)

CITY OF DESERT HOT SPRINGS
A map of the above-entitled zone within the City of Desert Hot Springs Special Public Safety Tax follows on the next page.

Item Number: 4.

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Item Number: 4.

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EXHIBIT C

CITY OF DESERT HOT SPRINGS SPECIAL PUBLIC SAFETY TAX

TAX RATE TABLE
City Land Use
Category
County Property
Use Code Category
Per Parcel
Annual Tax Rate*
Single Family Residential/R-1 R1 (Single Family Residential) $360.58 per unit CR (Single family residential on
commercially zoned property)
$360.58 per unit
Duplexes/R-2 and other Nonrental Multi-family ResidentialR2 (2 or 3 unit dwelling units on a single parcel)
$201.55 per unit
RC (Condos with private entry) $201.55 per unit
RD (Condos with common entry) $201.55 per unit
Apartments and Mobile R3 (Apartment buildings) $115.37 per unit Homes/R-3 RM (Individually owned mobile home
lot with mobile home hook-up; mobile
home not assessed by assessor)
$115.37 per unit
MF (Individually owned parcel
improved by assessor because it is on a
legal foundation)
$115.37 per unit
MI (Mobile home assessed by assessor,
located on leased land, and not
associated with rental park)
$115.37 per unit
MO (Individually owned parcel
improved with mobile home hook-up;
mobile home assessed by assessor)
$115.37 per unit
MP (Mobile home located on rented
land in rental park and assessed by
assessor)
$115.37 per unit
Commercial CL (Commercial building on leased
land)
$600.99 for 1 acre or less
$901.50 > than 1 acre to 3 acres
$1,352.24 > than 3 acres to 5 acres
$2,028.37 > than 5 acres to 15 acres
$3,042.55 > than 15 acres to 25 acres
$4,563.06 > than 25 acres to 40 acres
$6,843.84 > than 40 acres
Item Number: 4.

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CITY OF DESERT HOT SPRINGS SPECIAL PUBLIC SAFETY TAX

TAX RATE TABLE (CONTINUED)
City Land Use
Category
County Property
Use Code Category
Per Parcel
Annual Tax Rate*
Commercial (Continued) C1 (All other commercial property) $600.99 for 1 acre or less $901.50 > than 1 acre to 3 acres
$1,352.24 > than 3 acres to 5 acres
$2,028.37 > than 5 acres to 15 acres
$3,042.55 > than 15 acres to 25 acres
$4,563.06 > than 25 acres to 40 acres
$6,843.84 > than 40 acres
Industrial $600.99 for 1 acre or less
$901.50 > than 1 acre to 3 acres
$1,352.24 > than 3 acres to 5 acres
$2,028.37 > than 5 acres to 15 acres
$3,042.55 > than 15 acres to 25 acres
$4,563.06 > than 25 acres to 40 acres
$6,843.84 > than 40 acres
Hotel $113.93 per room
* Rates will be escalated by lessor of CPI or 3.00% commencing Fiscal Year 2026-27 Item Number: 4.

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SHEET 1 OF 1 SHEET
666-370-039
10 10
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19TH AVE
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THIS BOUNDARY MAP CORRECTLY SHOWS THE
BOUNDARIES OF ZONE 55 (RANCHO DESCANO).

FORDETAILSCONCERNINGTHELINESANDDIMENSIONSOF
LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR’S
MAPSFORFISCALY EAR2025-2026.

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

SPECIAL PUBLIC SAFETY TAX AREA
ZONE 56 (AMAZON)

CITY OF DESERT HOT SPRINGS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE

PARCELIDENTIFICATIONNUMBER
15TH AVE
16TH AVE

PARK LN
AV
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PROJECT
19TH AVE
PA
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TWO BUNCH PALMS TRL
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LEGEND
Zone 56

PARCEL LINES
M:\GIS-Assessmen t\DHS\PTAX2_Z56_Bo u n dary.mx d
Item Number: 4.

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DESERT HOT SPRINGS PUBLIC SAFETY TAX AREA
ZONE 56 (AMAZON.COM SERVICES, LLC, A DELAWARE LIMITED LIABILITY COMPANY)

CITY OF DESERT HOT SPRINGS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Desert Hot Springs (the “City”) on this same date in the proceedings of the City Council for the above-entitled public safety tax area, I personally received (a) a signed and dated waiver and consent form and (b) signed, dated and marked election ballots on behalf of, AMAZON.COM SERVICES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, the entities named as the sole landowners of the land within the boundary of the above-entitled zone of the public safety tax area in the Certificate Regarding Registered Voters and Landowners, dated November 4, 2025, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waivers and consent forms and the completed ballots received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballots to confirm that they were properly marked and signed, and I hereby certify the result of that count to be that the ballots were cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Name
Qualified
Landowner
Votes Votes Cast YES NO
AMAZON.COM SERVICES, LLC 95
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2025.

Jerryl Soriano
City Clerk
City of Desert Hot Springs
By:
(Attach completed copies of Waiver/Consent and Ballot)
Item Number: 4.

Page 62 of 198 ends

October 7, 2025
I, Jerryl Soriano, City Clerk of Desert Hot Springs, California, hereby attest that it has been determined that there are no registered voters residing within Special Public Safety Tax Area Zone 56 (Amazon.com Services, LLC).

Sincerely,
Jerryl Soriano, City Clerk
11-999 PALM DRIVE • DESERT HOT SPRINGS • CA • 92240
(760) 329-6411• www.cityofdhs.org

CITY OF DESERT HOT SPRINGS

OFFICE OF THE CITY CLERK
Item Number: 4.

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P
TAX2Zone56
CouncilMemberProperties
Source:CountyofRiversideGIS,2025.

PTAX2Zone56
AMAZON
2 0
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PALM DR
I 10
VARNE
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RD

MIHALYO RD

PALM DR

VERBENA DR
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MONUMENTST
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CABOT RD
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LITTLE MORONGO RD

MESQUITE AVE
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N INDIAN CANYON DR

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ACOMAAVE

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M:\GIS-Assessment\DHS\Council
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Properties_PTAX2_Zone56.mxd; Map revised April 4, 2025. 06,00012,000Feet

CITYOFDESERTHOTSPRINGS
LEGEND
ZONE56(Northof20thAve.&WestofLittleMorongoRd.)
CityBoundary
CouncilMember'sProperty
500FootBuffer
JP-JanPye
DV-DirkVoss
DP-DanielPitts
GG-GaryGardner
SM-ScottMatas
Item Number: 4.

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SR-25-243
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 4, 2025
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Adoption of 2025 Building Codes Including Updates to the International Property Maintenance Code
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of 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 amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2025 edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, International Property Maintenance Code, and to adopt local revisions to those Codes with selected appendices and amendments." BACKGROUND:

The California Building Standards Code (“BSC”), which is set forth in Title 24 of the California Code of Regulations, is a compilation of building standards, including the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, and others. Each of these codes are based on corresponding national or uniform model code standards.

The BSC is updated by the State of California on a triennial basis, and the 2025 edition of the BSC was published on July 1, 2025, with an effective date of January 1, 2026. The BSC applies throughout California, and each “Part” of the BSC constitutes a separate California Code. The City may adopt the BSC along with amendments, provided the amendments are based on findings that the amendments are necessary due to local climatic, topographic or geological conditions (Cal.

Health & Safety Code §§ 17958, 17958.5, 17958.7, 18941.5.).

Item Number: 5.

Page 65 of 198 ends

SR-25-243
Amendments are not effective until a copy of the findings, together with the amendments that are expressly marked and identified, are filed with the California Building Standards Commission (Cal Health & Safety Code §§17958.7, 18941.5).

If the City does not make amendments to the BSC, its provisions, without amendment, will become applicable to the City and will become effective 180 days after publication by the California Building Standards Commission (Cal. Health & Safety Code §17958).

Title 15 of the Desert Hot Springs Municipal Code (DHSMC) currently references the 2022 edition of the various building codes. The adoption of the most recent 2025 building codes will update the Municipal Code and ensure that all building life safety measures and standards are implemented.

DISCUSSION:

What's New
The significant change in this code cycle is that there are no significant changes to the Residential Code. Specifically, there are some relations to the regulations. One example, is that building permits are now good for one (1) year instead of six (6) months. Also, under AB 130, the State has put a "pause" on residential building code updates until 2031. The State will skip the 2028 update cycle to the Residential Code. In addition, AB 130 allows builders to use the same approved model home plans for up to ten years within the same jurisdiction.

The City’s Building Official is recommending adoption of the 2025 edition of the BSC with no amendments.

In order to adopt the 2025 edition of the BSC, Staff has drafted an ordinance that would make amendments to Title 15, Buildings and Construction of the Desert Hot Springs Municipal Code. If enacted, these ordinances will take effect on the same date as the 2025 edition of the BSC on January 1, 2026.

Building and Construction Code
Chapter 15.03 Administration has been updated to the current code edition and amendments made to integrate the City's existing administrative process with the California Building Code administrative processes.

The following Chapters have been edited to simply change the date from the 2022 California Building Code to the 2025 California Building Code:
 Chapter 15.03Building Code
 Chapter 15.08 Residential Code
 Chapter 15.10Electrical Code
 Chapter 15.12 Mechanical Code
 Chapter 15.14Plumbing Code
 Chapter 15.16 Energy Code
 Chapter 15.20Historical Building Code
 Chapter 15.24Existing Building Code
Item Number: 5.

Page 66 of 198 ends

SR-25-243
 Chapter 15.26 Green Building Standards Code
 Chapter 15.28 California Referenced Standards Code
The above-referenced codes are being adopted without substantive changes. As a result, no findings are required to make the local amendments.

International Property Maintenance Code
Code Compliance staff recommends adoption of the 2024 International Property Maintenance Code (IPMC) with targeted local amendments to align administrative, enforcement, and appeal processes with the Desert Hot Springs Municipal Code (Title 4). The proposal updates the IPMC reference to the 2024 edition; removes administrative sections (Sections 103–108 and 110–112) while retaining Section 109 except for subsections 109.3–109.9; amends Section 111.2 to require notices and orders to comply with Title 4; designates the Code Compliance Manager or designee as the Code Official; deletes Sections 302.8 and 302.9 as redundant with local code; retains only Sections 704 and 705 of Chapter 7 (deleting the rest of Chapter 7); removes Appendices A and B; and clarifies that violations are a public nuisance punishable as an infraction.

Fire Code
The City continues to work with Riverside County Fire Department on updates to Chapter 15.22 California Fire Code.

FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

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

ATTACHMENTS:
1) Building Code Ordinance
Item Number: 5.

Page 67 of 198 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING TITLE 15 “BUILDINGS AND
CONSTRUCTION” OF THE DESERT HOT SPRINGS MUNICIPAL
CODE TO ADOPT THE 2025 EDITION OF THE CALIFORNIA BUILDING

CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA

ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE,

CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE,

CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA EXISTING

BUILDING CODE, CALIFORNIA GREEN BUILDING STANDARDS

CODE, CALIFORNIA REFERENCED STANDARDS CODE,

INTERNATIONAL PROPERTY MAINTENANCE CODE, AND TO ADOPT

LOCAL REVISIONS TO THOSE CODES WITH SELECTED
APPENDICES AND AMENDMENTS.

WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, California Health and Safety Code Section 18938 provides that triennial edition of the California Building Standards Code, as adopted by the California Building Standards Commission, shall apply to all occupancies throughout the state of California; and
WHEREAS, pursuant to California Health and Safety Code Section 17922, the California Building Standards Code must be adopted by reference; and WHEREAS, pursuant to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, cities and counties may make modifications or changes in the requirements contained in the California Building Standards Code subject to findings that the changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the City Council is authorized, pursuant to Section 50022.2 et seq. of the California Government Code, to adopt ordinances and codes of the Federal, State, or any agency by reference in whole or in part, and the primary code may adopt by reference a secondary code in whole or in part; and
WHEREAS, the City Council finds that local amendments of the California Building Standards Code are administrative in nature and not substantive changes that would otherwise require findings based on local climatic, geological, or topographical conditions; and
WHEREAS, the City Council finds that adoption of the California Building Standards Code, as locally amended, is in the best interest of the public health, safety and welfare of the residents of the City; and
WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Item Number: 5.

Page 68 of 198 ends

Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

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

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

Section 2. AMENDMENT OF CHAPTER 15.03 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.03 (“Administration”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.03 Administration

15.03.010 Adoption of 2025 Chapter 1, Division II, Scope and Administration.

Except as otherwise provided in this chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volume 1, Chapter 1, Division II, “Scope and Administration,” including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Administrative Code of the City. This administrative chapter shall apply to all codes listed in this title.
(Ord. 698 11-19-19)

15.03.020 Enforcement.

Such City officials as may be designated by the City Manager, under the general supervision of the City Manager, shall enforce the provisions of this title, and shall have the authority to issue citations for violations of this title as provided by California Penal Code Section 836.5.
(Ord. 698 11-19-19)

15.03.030 Amendments to the Chapter 1, Division II, Scope and Administration.

The Administration Code is amended in part as follows:
[A] 101.1 Title.

These regulations shall be known as the Building Code of [NAME OF JURISDICTION] DESERT HOT SPRINGS, hereinafter referred to as “this code.” Item Number: 5.

Page 69 of 198 ends

Section 103 Code Compliance Agency is deleted in its entirety and replaced to read as follow.
[A] 103.1 Creation of enforcement agency.

The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. [A] 103.2 Appointment.

The building official shall be appointed by the chief appointing authority of the jurisdiction.
[A] 103.3 Deputies.

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the building official.

The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official. The Building Official shall be appointed by the City Manager. With the concurrence of the City Manager, the Building Official shall have the authority to appoint a Deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers delegated by the Building Official.

Section 104 Duties and Powers of Building Official
Section 104.1 General is deleted in it’s entirety and replaced to read as follows. [A] 104.1 General.

The building official is hereby authorized and directed to enforce the provisions of this code.

The Building Official is authorized and directed to enforce the provisions of this Code.

The Building Official shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code
Section 105.3.2 Time limit of application. Is deleted in it’s entirety and replaced to read as follow.
[A] 105.3.2 Time limitation of application.

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. [OSHPD 1, 1R, 2, 4 & 5] Time limitation shall be in accordance with the California Administrative Code, Chapter 7, Item Number: 5.

Page 70 of 198 ends

Section 7-129.

Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 90 days upon request by the applicant. The extension shall be requested in writing and justifiable cause demonstrated showing that circumstances beyond the control of the applicant which has prevented action from being taken. Extension shall be requested prior to date of expiration. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

Section 105.5.2 is added to read as follow.

Expiration of permit regarding nuisance abatement. Building permits issued to resolve active nuisance abatement cases shall expire in 60 days from the date such permit is issued unless authorized by the Chief Building Official that a longer period of time is needed to complete the work in which event such permit will expire at the end of such longer period of time.

Section 109.2 Schedule of permit fees. is amended to read as follows:
[A] 109.2 Schedule of permit fees.

Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

As adopted under Chapter 15.05 Building Fees
Section109.2.1 Plan review fees. Is added.

When submittal documents are required by Section 107 a plan review fee shall be paid at the time of submitting the submittal documents for plan review.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate established by the Building Official.

Section 109.4.1 Investigation fee.is added to read as follow.

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this Code. The minimum Item Number: 5.

Page 71 of 198 ends

investigation fee shall be the same as the minimum fee set forth in the City fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law.

Section 109.6 Refunds. Is added to read as follow.

The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 109.7 Re-inspections.is added to read as follow.

A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made.

This section is not to be interpreted as requiring a re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.

To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule adopted by the jurisdiction.

In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Section 110 Inspections is amended to read as follows:
110.3.5 Lathe and gypsum board inspections. The exception is deleted in its entirety.

Section 113 Means of appeals. Is deleted in its entirety and replaced to read as follow.

Item Number: 5.

Page 72 of 198 ends

[A] 113.1 General.

In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
[A] 113.2 Limitations on authority.

An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
[A] 113.3 Qualifications.

The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and who are not employees of the jurisdiction. [A] 113.4 Administration.

The building official shall take action without delay in accordance with the decision of the board.

A. Pursuant to Chapter 2.72, the City Council shall serve ex officio as the Appeals Board, and the City Council’s authority to hear appeals shall be the same as cited in the California Building Code adopted under Chapter 15.04, and California Health and Safety Code Sections 17920.5 and 17920.6.

B. In order to appeal orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the California Building Code and other regulations governing construction, use, maintenance or change of occupancy, any person adversely affected by such order, decision, or determination may request an administrative hearing with a hearing officer and shall comply with all of the following procedures:

1. Submit a written request for an administrative hearing to the City Clerk within 14 calendar days from the date of such order, decision or determination.

2. Pay the appropriate appeal fee. If no appeal fee is submitted, a hearing shall not be conducted, and the Building Official’s decision shall stand.

3. The request for an administrative appeal hearing shall contain the following information:
a. A brief statement setting forth the interest of the appellant in the real property identified in the order, decision or determination made by the Building Official; b. A brief statement in ordinary and concise language of that (those) specific order(s), decision(s) or determination(s) protested;
c. A brief statement in ordinary and concise language contending that issuance of the order, decision or determination was a result of error or abuse of discretion together with any material facts claimed to support such contention; d. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order, decision or determination Item Number: 5.

Page 73 of 198 ends

should be reversed, modified, or otherwise set aside;
e. The signature of the appellant, and his or her mailing address; and f. The verification (by declaration under penalty of perjury) of at least 1 person requesting a hearing as to the truth of the matters stated in the request for hearing.

4. Scheduling and Noticing. As soon as practicable, after receiving the proper request for administrative hearing, the City Clerk shall fix a date, time and place for the administrative hearing. Written notice of the time and place of the hearing shall be given to the appellant at least 7 calendar days prior to the date of the hearing. The failure of the City to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.

5. Scope of Hearing. The administrative hearing before a hearing officer shall be an evidentiary hearing. Only those matters or issues specifically raised by the appellant in the request for administrative hearing shall be considered. The appellant and the City may present witnesses and such documentary evidence as are relevant to the issues. The hearing officer shall have the power to administer oaths. The City has the burden of proof by a preponderance of the evidence.

6. The City Manager, or designee, shall select the hearing officer to conduct administrative hearings pursuant to this section. All hearing officers shall be retired or practicing attorneys who are impartial third parties and who shall not have any pecuniary interest in the proceeding over which he or she is presiding, nor any pecuniary interest in the outcome thereof. The hearing officers shall be knowledgeable in the applicable building codes, regulations, and ordinances.

7. Limitations of Authority. The hearing officer shall have no authority relative to interpretations of the administrative provisions of this Code and shall not be empowered to waive or otherwise set aside the requirements of this Code.

8. Decision of the Hearing Officer. The hearing officer shall issue a written decision within 30 days after the conclusion of the administrative hearing. The City shall serve a copy of the written decision to the appellant.

9. Effect of Hearing. Decisions of the hearing officer in all instances shall be final and conclusive unless appealed as set forth in subsection C of this section.

C. Appeal of Hearing Officer Decision to the Appeals Board established by Chapter 2.72. Appeals of the hearing officer’s determination to the Appeals Board shall be conducted as follows:

1. Only appeals based on a substantive issue related to the application or interpretation of the California Building Code and other regulations governing construction, use, maintenance or change of occupancy may be heard by the Appeals Board. This includes California Building Code, substandard/public nuisance determinations, and orders to abate. The following may not be appealed to the Appeals Board: billing appeals, graffiti violations, public Item Number: 5.

Page 74 of 198 ends

nuisance determinations not based on a California Building Code violations, planning code or zoning violations, and any other violation of a City ordinance not based on a California Building Code violation.

2. The appeal must be filed within 14 calendar days of service of the hearing officer’s decision.

3. Notice of the time and place of the hearing shall be mailed or otherwise delivered by the City Clerk to the appellant, respondent and all other persons, if any, to whom notice of the initial application or action was required, not less than 7 days prior to the hearing.

4. The Appeals Board’s consideration shall be limited to the record established by the hearing officer. The Appeals Board shall not consider new evidence unless the proponent shows that the evidence is both newly discovered and could not, with reasonable diligence, have been produced at the hearing before the hearing officer. If, the Appeals Board makes such a determination, it may hear the additional evidence at a continued hearing, allowing the opposing party to respond, or may remand the matter to the hearing officer to consider the new evidence.

5. The appellant shall have the burden of demonstrating that there is no substantial evidence in the record to support the hearing officer’s decision, or that the decision is based on an error of law.

6. The Appeals Board shall render its decision consistent with applicable law and all ordinances of this City. The Appeal Board’s decision shall be in writing and shall set forth the Appeal Board’s findings of fact and conclusions. The Appeals Board shall render its decision within thirty days following the conclusion of the hearing.

7. No later than five days following the rendering of the Appeal Board’s decision, the City shall mail the Appeal Board’s decision to the appellant and all other parties in the appeal. Failure of the City to mail or deliver a copy of the decision to each party or to any party shall not affect the finality or effectiveness of the decision.

8. The decision of the Appeals Board shall be final. The limitation period provided pursuant to the California Code of Civil Procedure shall apply to all petitions filed seeking judicial review of determinations made by the Appeals Board.
(Ord. 708 5-19-20)
Section 3. AMENDMENT OF CHAPTER 15.04 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.04 (“Building Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows: Item Number: 5.

Page 75 of 198 ends

Chapter 15.04 BUILDING CODE

15.04.010 Adoption of 2022 2025 California Building Code.

Except as otherwise provided in this chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including, Appendix I “Patio Covers,” and Appendix J “Grading,” is hereby adopted by this reference as the Code for the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City providing for the issuance of permits and collection of fees therefor; and each and all of the amendments to such Building Code as may hereafter be adopted by the State of California shall be made a part of this chapter without further action by the City Council.

15.04.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Building Code is a public nuisance and punishable as an infraction.

Section 4. AMENDMENT OF CHAPTER 15.08 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.08 (“Residential Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.08 RESIDENTIAL CODE

15.08.010 Adoption of 2022 2025 California Residential Code.

Except as otherwise provided in this chapter, the California Residential Code, Title 24 California Code of Regulations, Part 2.5, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Residential Code.

15.08.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Residential Code is a public nuisance and punishable as an infraction.

Section 5. AMENDMENT OF CHAPTER 15.10 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.10 (“Electrical Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Item Number: 5.

Page 76 of 198 ends

Chapter 15.10 ELECTRICAL CODE

15.10.010 Adoption of 2022 2025 California Electrical Code.

Except as otherwise provided in this chapter, the California Electrical Code, Title 24, California Code of Regulations, Part 3, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Electrical Code.

A. Violation—Penalty
Violation of the provisions of this chapter or failure to comply with any of the requirements of the Electrical Code is a public nuisance and punishable as an infraction.

Section 6. AMENDMENT OF CHAPTER 15.12 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.12 (“Mechanical Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.12 MECHANICAL CODE

15.12.010 Adoption of 2022 2025 California Mechanical Code.

Except as otherwise provided in this chapter, the California Mechanical Code, Title 24, California Code of Regulations, Part 4, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Mechanical Code of the City.

15.12.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Mechanical Code is a public nuisance and punishable as an infraction.

Section 7. AMENDMENT OF CHAPTER 15.14 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.14 (“Plumbing Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.14 PLUMBING CODE

15.14.010 Adoption of California 2022 2025 Plumbing Code.

Except as otherwise provided in this chapter, the California Plumbing Code, Title 24, California Code of Regulations, Part 5, including any and all amendments theretoItem Number: 5.

Page 77 of 198 ends

that may hereafter be made and adopted by the State of California, is hereby adopted as the Plumbing Code of the City.

15.14.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Plumbing Code is a public nuisance and punishable as an infraction.

Section 8. AMENDMENT OF CHAPTER 15.16 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.16 (“Energy Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.16 ENERGY CODE

15.16.010 Adoption of 2022 2025 California Energy Code.

Except as otherwise provided in this chapter, the California Energy Code, Title 24, California Code of Regulations, Part 6, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Energy Code.

15.16.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Energy Code is a public nuisance and punishable as an infraction.

Section 9. AMENDMENT OF CHAPTER 15.20 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.20 (“Historical Building Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.20 HISTORICAL BUILDING CODE

15.20.010 Adoption of 2022 2025 California Historical Building Code.

Except as otherwise provided in this chapter, the California Historical Building Code, Title 24, California Code of Regulations, Part 8, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Historical Building Code.

Item Number: 5.

Page 78 of 198 ends

15.20.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Historical Building Code is a public nuisance and punishable as an infraction.

Section 10. AMENDMENT OF CHAPTER 15.24 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.24 (“Existing Building Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.24 EXISTING BUILDING CODE

15.24.010 Adoption of 2022 2025 California Existing Building Code.

Except as otherwise provided in this chapter, the California Existing Building Code, Title 24, California Code of Regulations, Part 10, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Existing Building Code.

15.24.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Existing Building Code is a public nuisance and punishable as an infraction.

Section 11. AMENDMENT OF CHAPTER 15.26 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.26 (“Green Building Standards Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.26 GREEN BUILDING STANDARDS CODE

15.26.010 Adoption of 2022 2025 California Green Building Standards Code.

Except as otherwise provided in this chapter, the California Green Building Standards Code, Title 24, California Code of Regulations, Part 11, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Green Building Code.

Item Number: 5.

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15.26.020 Violation—Penalty.

Violation of the provisions of this chapter or failure to comply with any of the requirements of the Green Building Code is a public nuisance and punishable as an infraction.

Section 12. AMENDMENT OF CHAPTER 15.28 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.28 (“California Referenced Standards Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.28 CALIFORNIA REFERENCED STANDARDS CODE

15.28.010 Adoption of 2022 2025 California Referenced Standards Code.

Except as otherwise provided in this chapter, the California Referenced Standards Code, Title 24, California Code of Regulations, Part 12, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Referenced Standards Code.

Section 13. AMENDMENT OF CHAPTER 15.44 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.44 (“International Property Maintenance Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.44 INTERNATIONAL PROPERTY MAINTENANCE CODE

15.44.10 Incorporation by reference.

A. Except for the local amendments set forth herein, there is adopted by reference the International Property Maintenance Code 2021 2024Edition. A copy of the International Property Maintenance Code together with the local amendments is on file with the Code Compliance Division.

B. The International Property Maintenance Code, 2021 2 0 2 4 Edition (hereinafter “IPMC”) together with the amendments set forth in this chapter shall regulate and govern the conditions and maintenance of all property, buildings and structures within the City.

15.44.20 Modifications, amendments, and deletions of the International Property Maintenance Code.

Item Number: 5.

Page 80 of 198 ends

A. Chapter 1, Scope and Administration, of the IPMC is modified by adding, deleting or amending the following provisions:

1.  Section 103 is deleted entirely.

2.  Section 104 is deleted entirely.

3.  Section 105 is deleted entirely.

4.  Section 106 is deleted entirely.

5.  Section 107 is deleted entirely.

6.  Section 108 is deleted entirely.

7.  Section 109 is deleted entirely. Sections 109.3 through 109.9 are deleted

8.  Section 110 is deleted entirely.

9.  Sections 111.4 through 111.6 are deleted.

Section 113.2 shall read:
“Notices and orders shall comply with Title 4 of this Code.” The remaining provisions are incorporated without change.

Section 111.2 shall read:
“Notices and orders shall comply with Title 4 of this Code.” The remaining provisions are incorporated without change.

B.  Section 202 of Chapter 2, Definitions, of the IPMC is amended as follows:

1. CODE OFFICIAL. The City of Desert Hot Springs Code Compliance Manager or designee who is charged with the administration and enforcement of this Code.

CODE OFFICIAL. The City of Desert Hot Springs Compliance Manager or designee, who is charged with the administration and enforcement of this Code.

C.  Chapter 3, General Requirements, of the IPMC is modified by adding, deleting or amending the following provisions:

1.  Section 302.8 is deleted entirely.

2.  Section 302.9 is deleted entirely.

D.  Chapter 7, Fire Safety Requirements, of the IPMC is modified by adding, deleting or amending the following provisions:

1.  Chapter 7 is deleted, except as to Section 704 and Section 705.

E.  Appendix A, Boarding Standards, is deleted entirely.

Item Number: 5.

Page 81 of 198 ends

F.  Appendix B, Board of Appeals, is deleted entirely.

15.44.030 Violation—Penalty.

Violations of the provisions of this chapter or the IPMC are a public nuisance and punishable as an infraction.

Section 14. 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 15. REPEAL OF CONFLICTING PROVISIONS
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 16. 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 17. EFFECTIVE DATE
That this ordinance shall be effective January 1, 2026.

Section 18. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the day of , 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Item Number: 5.

Page 82 of 198 ends

APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney
Scott Matas, Mayor
ATTEST:

Jerryl Soriano, City Clerk
Item Number: 5.

Page 83 of 198 ends

1 C2014/000 - 423933.1
Item Number: 5.

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SR-25-249
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 4, 2025
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: An Extension of Urgency Interim Ordinance Adopting a Moratorium on the Issuance of Any License, Permit, or Entitlement That Is a Use Other Than the Ones Listed in This Ordinance for Any Business Located in the Commercial Business Park (C-BP) Zoning District Along Highway 62 Between North Indian Canyon Drive and Interstate 10
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony of those in favor
5) Take public testimony of those in opposition;
6) Take public testimony of those in a neutral position; 8) Close the Public Hearing;
9) City Council discussion and questions to Staff; and
10) Adopt (by 4/5 vote of the City Council) and read by title only: "An Extension of the Urgency Interim Ordinance of the City Council of the City of Desert Hot Springs Adopting a Moratorium on the Issuance of Any License, Permit, or Entitlement That Is a Use Other Than the Ones Listed in This Ordinance for Any Business Located in the Commercial Business Park (C-BP) Zoning District Along Highway 62 Between North Indian Canyon Drive and Interstate 10." BACKGROUND:

Pursuant to the authority granted to 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. Adoption and enforcement of comprehensive zoning regulations and other land use regulations lies within the City’s police power.

The City Council approved a Strategic Plan envisioning the promotion of tourism through the development of new business along Highway 62, north of the Interstate 10 freeway and south of North Indian Canyon Road (“HWY 62 Corridor”). To the achieve the goal of making HWY 62 the “Tourism Gateway” for the City, the Strategic Plan calls for the “[i]ntense and focused efforts to identify strategically important sites/properties, property owners and capital partners to attract and retain commercial development along the HWY 62”. Efforts to promote tourism are important for the Item Number: 6.

Page 85 of 198 ends

SR-25-249
economic well-being of the City, its residents and visitors. HWY 62 Corridor will play a critical role in bringing tourists to shop, socialize, and share in the collective experience of living in the City.

In the process of such rehabilitation and revitalization, the City needs time to examine the uses it deems appropriate for the HWY 62 Corridor to achieve economic prosperity. Properties along the HWY 62 Corridor include large parcels zoned Commercial Business Park (C-BP). Several people and business entities have expressed an interest in applying for entitlements, permits and licenses within the HWY 62 Corridor, and some uses expressed may be inappropriate to achieve the City’s goals of promoting tourism and economic prosperity. Although there are several uses allowed within the City’s Commercial Business Park (C-BP) zoning district, certain uses are currently allowed within the City may not be suited for the HWY 62 Corridor, or portions thereof, because HWY 62 is a prominent welcoming area for all City residents and visitors since it is within close proximity to both the Interstate 10 and Highway 62.

The City Council anticipates that some people or entities may be seeking to establish uses that are not compatible with the vision that the City Council has for HWY 62 Corridor before a non-urgency ordinance would become effective. If certain uses were permitted to be established in the HWY 62 Corridor without appropriate regulation, such uses might be established in areas that could conflict the Strategic Plan goals (which was made available for review by the City Council by the office of the City Clerk and a copy of which was made available for review), conflict with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of the City Council objectives to promote tourism and economic development.

City staff needs time to develop appropriate zoning regulations, uses, and development standards for the HWY 62 Corridor. The City Council desires, on an urgency basis, to temporarily allow only certain businesses within the HWY 62 Corridor.

On October 21, 2025, the City Council adopted the underlying ordinance titled, “Urgency Interim Ordinance Of The City Council Of The City Of Desert Hot Springs Adopting A Moratorium On The Issuance Of Any License, Permit, Or Entitlement That Is A Use Other Than The Ones Listed In This Ordinance For Any Business Located In The Commercial Business Park (C-BP) Zoning District Along Highway 62 Between North Indian Canyon Drive And Interstate 10” (“Underlying Ordinance”). On November 4, 2025, the City Council held a duly noticed public hearing on this current Ordinance which would extend the Underlying Ordinance 22 months and 15 days from November 4, 2025. The Underlying Ordinance can be extended the ordinance by 22 months and 15 days.

DISCUSSION:

THE PROPOSED ORDINANCE
If approved, the proposed Ordinance would cause a temporary suspension of the processing of any incomplete application or approval of any permit, entitlement or license within the HWY 62 Corridor for those uses that are described in Exhibit A to the Ordinance. Further, no use permit, variance, building permit, or any other entitlement for use would be accepted, processed, approved or issued for the establishment or operation of the uses as “struck out” in Exhibit A to the proposed Ordinance for the HWY 62 Corridor. Adopting such proposed Ordinance would allow adequate time for the City to consider, study, and enact regulations for any such area, so that the City Council can properly consider the best uses and proper development standards for that area.

Item Number: 6.

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SR-25-249
If passed, such proposed Ordinance would take effect immediately. In order to adopt such an ordinance, the following must be done:
1) Adoption requires a four-fifths vote of the city council; 2) The proposed Ordinance must contain findings, which are included with the proposed Ordinance, stating why the proposed Ordinance is needed to address a current and immediate threat to public health, safety, or welfare;
3) Attached is the written report describing the measures taken to alleviate the condition which led to the adoption of the Proposed Ordinance; and
4) The proposed Ordinance will sunset on or prior to 22 months and 15 days.

FISCAL IMPACT:

During the moratorium, the City would not receive any permit fees or development fees for any developments along the HWY 62 corridor.

ENVIRONMENTAL ANALYSIS:

The City Council finds that adoption of this urgency interim ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the HWY 62 Corridor and does not have the potential to significantly impact the environment.

STRATEGIC ALIGNMENT:

This initiative supports the following goals of the City's Strategic Plan:

Goal 1: Freeway Corridor
Take urgent and intentional steps to improve infrastructure and attract high quality development along the city’s freeway corridors, focusing on the highest and best use of land and zoning designations.

ATTACHMENTS:
1) URGENCY Interim Ordinance Extension Moratorium HWY 62 2) EXHIBIT A Table 17.12.01
3) EXHIBIT B to the Extension Ordinance
Item Number: 6.

Page 87 of 198 ends

ORDINANCE NO. ___

AN EXTENSION OF URGENCY INTERIM ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF DESERT HOT SPRINGS ADOPTING A

MORATORIUM ON THE ISSUANCE OF ANY LICENSE, PERMIT, OR

ENTITLEMENT THAT IS A USE OTHER THAN THE ONES LISTED IN THIS

ORDINANCE FOR ANY BUSINESS LOCATED IN THE COMMERCIAL
BUSINESS PARK (C-BP) ZONING DISTRICT ALONG HIGHWAY 62
BETWEEN NORTH INDIAN CANYON DRIVE AND INTERSTATE 10
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 Council approved a Strategic Plan envisioning the promotion of tourism through the development of new business along Highway 62, north of the Interstate 10 freeway and south of North Indian Canyon Road (“HWY 62 Corridor”); and WHEREAS, to the achieve the goal of making HWY 62 the “Tourism Gateway” for the City, the Strategic Plan calls for the “[i]ntense and focused efforts to identify strategically important sites/properties, property owners and capital partners to attract and retain commercial development along the HWY 62”; and
WHEREAS, efforts to promote tourism are important for the economic well-being of the City, its residents and visitors; and
WHEREAS, the HWY 62 Corridor will play a critical role in bringing tourists to shop, socialize, and share in the collective experience of living in the City; and WHEREAS, in the process of such rehabilitation and revitalization, the City needs time to examine the uses it deems appropriate for the HWY 62 Corridor to achieve economic prosperity; and
WHEREAS, properties along the HWY 62 Corridor include large parcels zoned Commercial Business Park (C-BP); and
WHEREAS, several people and business entities have expressed an interest in applying for entitlements, permits and licenses within the HWY 62 Corridor, and some uses expressed may be inappropriate to achieve the City’s goals of promoting tourism and economic prosperity; and
WHEREAS, although there are several uses allowed within the City’s Commercial Business Park (C-BP) zoning district, certain uses are currently allowed within Commercial Business Park (C-BP) zoning districtmay not be suited for the HWY 62 Corridor, or portions Item Number: 6.

Page 88 of 198 ends

thereof, because HWY 62 is a prominent welcoming area for all City residents and visitors since it is within close proximity to both the Interstate 10 and Highway 62; and WHEREAS, the City Council anticipates that some people or entities may be seeking to establish uses that are not compatible with the vision that the City Council has for HWY 62 Corridor before a non-urgency ordinance would become effective; and WHEREAS, if certain uses were permitted to be established in the HWY 62 Corridor without appropriate regulation, such uses might be established in areas that could conflict the Strategic Plan goals (which was made available for review by the City Council by the office of the City Clerk and a copy of which was made available for review), conflict with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of the City Council objectives to promote tourism and economic development; and WHEREAS, City staff needs time to develop appropriate zoning regulations, uses, and development standards for the HWY 62 Corridor; and
WHEREAS, the local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders; and
WHEREAS, the City Council desires, on an urgency basis, to temporarily allow only certain businesses within the HWY 62 Corridor; and
WHEREAS, pursuant to Government Code Section 65858(d), ten days prior to the expiration of this interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this ordinance (“65858(d) Report”); and
WHEREAS, on October 21, 2025, the City Council adopted the underlying ordinance titled, “Urgency Interim Ordinance Of The City Council Of The City Of Desert Hot Springs Adopting A Moratorium On The Issuance Of Any License, Permit, Or Entitlement That Is A Use Other Than The Ones Listed In This Ordinance For Any Business Located In The Commercial Business Park (C-BP) Zoning District Along Highway 62 Between North Indian Canyon Drive And Interstate 10” (“Underlying Ordinance”); and
WHEREAS, the Underlying Ordinance is set to expire 45 days from October 21, 2025; and
WHEREAS, on November 4, 2025, the City Council held a duly noticed public hearing on this current Ordinance which would extend the Underlying Ordinance 22 months and 15 days from November 4, 2025; and
WHEREAS, the City Council deems it necessary to extend the adopted ordinance by 22 months and 15 days; and
WHEREAS, California Government Code Section 65858 provides the statutory authority and time limits for interim ordinances prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or a zoning proposal which the City plans to consider, study or intends to study within a reasonable time; and Item Number: 6.

Page 89 of 198 ends

WHEREAS, Government Code section 36937 provides that the City may adopt an ordinance that takes effective immediately when adopted for the immediate preservation of the public peace, health or safety, providing the ordinance contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the city council.

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

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

Section 2. EVIDENCE
That the City Council has considered all of the evidence at its meeting, which includes, but is not limited to, the following:
(a) The City's General Plan, including updates;
(b) The City’s Municipal Code;
(c) Strategic Plan;
(d) The staff report; and
(e) The public comments, both written and oral, received and/or submitted at, or prior to the City Council's consideration of this extension of urgency interim ordinance.

Section 3. FINDINGS
That based on the foregoing recitals and evidence, the City Council finds as follows:
(a) The recitals of this ordinance are hereby incorporated in this Section as findings. (b) State law protects local licensing practices, zoning ordinances, and other local actions taken pursuant to the City’s constitutional police power. (c) The local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders. (d) The City needs to properly plan and develop the zoning, uses, regulations, and development standards that will be within the HWY 62 Corridor.

Section 4. CONCLUSIONS
That based on the foregoing recitals, evidence and findings, the City Council concludes as follows:
(a) It is necessary to temporarily suspend the processing of any application or approval of any permit, entitlement or license, for any kind business in the HWY 62 Corridor and marked by a cross-out in Exhibit A (attached hereto and incorporated herein) to allow adequate time for the City to consider, study, and enact regulations for the HWY 62 Corridor, so that the City Council can properly consider the best uses and proper development standards for the HWY 62 Corridor.
(b) A temporary moratorium will provide the City with time to consider, study, draft, and adopt proper zoning, uses, development standards and regulations regarding the HWY 62 Corridor in a manner that are consistent with the General Plan and Municipal Code, compatible with surrounding neighborhoods, and in the best interests of the residents of the City.

Section 5. INTERIM MORATORIUM IMPOSED
Item Number: 6.

Page 90 of 198 ends

For a period of 22 months and 15 days from November 4, 2025, commencing on the date of adoption of this Ordinance, no use permit, variance, building permit, or any other entitlement for use shall be accepted, processed, approved or issued for the establishment or operation of, and no person shall otherwise establish, a use that is not specifically enumerated in Exhibit A of this Ordinance within the HWY 62 Corridor.

Section 6. URGENT NEED
Based on the foregoing recitals, evidence, findings and conclusions which are all deemed true and correct, this interim ordinance is urgently needed for the immediate preservation of the public safety, health, and welfare.

Section 7. REPORT
Pursuant to Government Code Section 65858(e), ten (10) days prior to the expiration of this interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this ordinance, which is attached hereto as Exhibit B.

Section 8. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this urgency interim ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the HWY 62 Corridor and does not have the potential to significantly impact the environment.

Section 9. 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 10. 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 11. EFFECTIVE DATE
That this interim ordinance is an urgency ordinance for the immediate preservation of the public health and safety and it shall be passed and become effective immediately upon its introduction pursuant to California Government Code Section 36937.

Section 12. EXPIRATION
Item Number: 6.

Page 91 of 198 ends

Unless extended in accordance with California Government Code Section 65858, this ordinance shall be of no further force or effect after 22 months and 15 days from the date of its adoption.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 6.

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PASSED AND ADOPTED by at least four-fifths of the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2025 by the following vote:

Ayes:

Noes:

Abstain:

Absent:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer Mizrahi, City Attorney
Item Number: 6.

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PIERSON
BLVD
H
WY
62 Moratorium Area
Legend
Item Number: 6.

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Chapter 17.12 COMMERCIAL DISTRICTS
§ 17.12.020 Permitted uses.

A. Table 17.12.01 lists the uses permitted in each of the Commercial and Visitor-Serving Districts utilizing the following key:
"P" Use is permitted by right. (A Development Permit may be required for a new use or structure or expa "A" Use is accessory to an established primary use.
"AUP" Use requires an Administrative Use Permit.
"CUP" Use requires a Conditional Use Permit.
"TUP" Use requires a Temporary Use Permit.
"—" Use is prohibited.

B. Land uses listed in Table 17.12.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this title. The individual land uses permitted in each of the Mixed-Use Districts are grouped in Table 17.14.01 using the major land use categories of Commercial, Industrial, Institutional, Residential and Other.

TABLE 17.12.01

PERMITTED USES - COMMERCIAL AND VISITOR SERVING DISTRICTS

COMMERCIAL DISTRICTS

USE C-N C-G C-D C-H C-BP CODE SECTION

BUSINESS, FINANCIAL, AND PROFESSIONAL OFFICE
Automated Teller Machines
(ATMs) — Drive-Up

AUP AUP AUP AUP AUP
Business Support Services P P P P P
Check Cashing and/or
Payday Loans
— CUP — — —
Financial Institutions and
Related Services (without
drive-through facilities)

P P P P P
Financial Institutions and
Related Services (with drivethrough facilities)
AUP P — P P
Office, Business and
Professional

P P P P P

EATING AND DRINKING ESTABLISHMENTS
Bars, Lounges, Nightclubs,
and Tasting Rooms*
— CUP CUP CUP CUP 17.12.190
Food Preparation/Catering
(no on-site sales or service)

AUP P P P P
Food Preparation/Catering
(with on-site sales or service)

AUP P P P P
Restaurant — Full or Limited
Service, Serving Alcohol*
AUP AUP AUP AUP AUP 17.12.190
Restaurant — Full or Limited
Service, No Alcohol Sales

P P P P P
Item Number: 6.

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TABLE 17.12.01

PERMITTED USES - COMMERCIAL AND VISITOR SERVING DISTRICTS

COMMERCIAL DISTRICTS

USE C-N C-G C-D C-H C-BP CODE SECTION
Restaurant with DriveThrough Facilities*P P — P P 17.12.230 Snack Bar A A A A A
Mobile Food Vending Vehicle
Parks
— AUP AUP AUP AUP 17.12.360
Mobile Food Vending Vehicle
Parks — Ancillary
— AUP AUP AUP AUP 17.12.360

INDUSTRY, MANUFACTURING AND PROCESSING, AND WAREHOUSING Brewery, Winery, or Distillery — CUP CUP CUP CUP
Data Centers — — — — P
Hazardous Waste Facilities — — — — —
Food Processing — — — — AUP
Furniture and Fixtures
Manufacturing, Cabinet
Shops, and Woodworking
Shops (wholesale sales only)
— — — — P
Laboratory — Medical,
Analytical, Research, Testing
— — — — AUP
Laundries and Dry-Cleaning
Plants
— — — — —
Manufacturing — Heavy — — — — —
Manufacturing — Light — — — — CUP
Recycling
Small Collection Facility* — AUP — AUP AUP 17.12.290
Large Collection Facility* — CUP — CUP CUP 17.12.290
Light Processing* — — — — — 17.12.290
Heavy Processing* — — — — — 17.12.290
Reverse Vending Machine A A A A A
Research and Development — — — — P
Storage — Outdoor — — — — CUP
Warehouse, Wholesaling and
Distribution
— — — — CUP

LODGING
Hotel and Motel (without spa) — CUP CUP P CUP
Spa Resort — — CUP CUP CUP
Emergency Shelter/Low
Barrier Navigation Center
— — — — CUP
Camping/Glamping — — — — —

MARIJUANA/CANNABIS USES
Marijuana/Cannabis
Nonstorefront Retail
— — — — CUP1,2 1 In Industrial Cannabis
Overlay Zone, marijuana
Item Number: 6.

Page 96 of 198 ends

TABLE 17.12.01

PERMITTED USES - COMMERCIAL AND VISITOR SERVING DISTRICTS

COMMERCIAL DISTRICTS

USE C-N C-G C-D C-H C-BP CODE SECTION
Marijuana/Cannabis
Distribution
— — — — CUP1,2
Marijuana/Cannabis
Cultivation
— — — — CUP1,2
Marijuana/Cannabis Lounge CUP CUP CUP CUP CUP
Marijuana/Cannabis Hotel
Facilities
CUP CUP — CUP CUP
Marijuana/Cannabis
Manufacturing
— — — — CUP1
use cannot be a stand-alone
use and must in center with
other retail/commercial
uses.
2 In Overlay Zone use
Ch. 17.180 as default
regulations.

Marijuana/Cannabis
Storefront Retail
CUP CUP CUP CUP CUP 17.180.040
Marijuana/Cannabis Testing
Facilities
P P P P P 17.180.070

MEDICAL-RELATED AND CARE USES
Ambulance Fleet — AUP AUP — AUP
Clinic and Urgent Care — AUP AUP AUP AUP
Day Care Center* CUP CUP — — — 17.12.220
Therapy and Rehabilitation
Facilities

P CUP P AUP P
Hospital — CUP CUP CUP CUP
Office, Medical and Dental
Office

P P P P P
Residential Care Facilities
(commercial assisted living,
nursing home)
CUP CUP CUP — —

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

P P P P P

RECREATION AND ENTERTAINMENT
Art Gallery P P P P P
Arcade/Electronic Game
Center

CUP AUP AUP AUP AUP
Item Number: 6.

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TABLE 17.12.01

PERMITTED USES - COMMERCIAL AND VISITOR SERVING DISTRICTS

COMMERCIAL DISTRICTS

USE C-N C-G C-D C-H C-BP CODE SECTION
Commercial Recreation —
Indoors

CUP P P P P
Commercial Recreation —
Outdoors

CUP CUP CUP CUP CUP
Entertainment, Indoor
(motion picture theaters,
performance theatres, dance
halls and similar)

AUP AUP AUP P P
Health/Fitness Facilities
Health/Fitness Facilities —
Small

AUP P P P P
Health/Fitness Facilities —
Large

CUP AUP CUP AUP AUP

RESIDENTIAL USES
Accessory Dwelling Unit — — — — —
Dwelling, Multifamily* — — AUP — — 17.12.280
Dwelling, Single-Family* — — — — — 17.12.330
Live/Work Unit* — — P — — 17.12.340
Home Occupations — — — —
Single Room Occupancy
(SRO)*
— — — — —
Supportive Housing (senior
citizens/congregate care
housing)*
CUP AUP CUP — — 17.08.260
Transitional Housing — — — — —

RETAIL USES
Alcohol Beverage Sales
For Off-Site Consumption* CUP CUP CUP CUP CUP 17.12.190 For On-Site or Off-Site
Consumption, in Conjunction
with an Allowed Use*
— CUP CUP CUP CUP 17.12.190
Building Materials and
Services, Indoor
— P P P P
Building Materials and
Services, Outdoor
— CUP — P AUP
Convenience Store with
Alcohol Sales*
CUP CUP CUP CUP CUP 17.12.190 17.12.210
Convenience Store, No
Alcohol Sales*
AUP P AUP P P 17.12.210
Farmers' Market TUP TUP TUP TUP TUP
Grocery Store P P P P P
Indoor Retail Concessions* — P P P P 17.12.240
Item Number: 6.

Page 98 of 198 ends

TABLE 17.12.01

PERMITTED USES - COMMERCIAL AND VISITOR SERVING DISTRICTS

COMMERCIAL DISTRICTS

USE C-N C-G C-D C-H C-BP CODE SECTION
Mini-Mall (Strip mall)* — P — P P 17.12.270
Nurseries and Garden
Centers
— P AUP P P
Outdoor Temporary and/or
Seasonal Sales

TUP TUP TUP TUP TUP
Recreational Equipment
Rentals — Indoor Only

P P P P P
Retail Sales — General P P P P P
Retail Sales — Restricted
(firearm and ammunition
stores, pawn shops, and
jewelry/gold exchanges)
— CUP CUP CUP CUP
Vehicle Sales and Rental* — CUP — CUP CUP 17.12.200
Large Vehicle, Construction,
and Heavy Equipment Sales,
Service, and Rental
— CUP — — CUP

SERVICE USES
Animal Care, Services
Animal Boarding/Kennels,
Grooming

AUP P AUP P P
Veterinary Services, Large
Animal
— P — P P
Veterinary Services, Small
Animal

AUP P P P P
Funeral Parlors and
Interment Services
— AUP CUP — AUP
Instructional Services P P P P P
Maintenance and Repair
Services — Indoor

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

CUP CUP CUP CUP CUP
Recording Studio — AUP AUP AUP P
Social Service Facilities — P — P P
Storage
Personal — CUP — — CUP 17.16.080
Outdoor Recreational Vehicle
Storage
— — — — CUP
Vehicle Repair and Services
Service/Fueling Station* CUP CUP — AUP CUP 17.12.310
Item Number: 6.

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TABLE 17.12.01

PERMITTED USES - COMMERCIAL AND VISITOR SERVING DISTRICTS

COMMERCIAL DISTRICTS

USE C-N C-G C-D C-H C-BP CODE SECTION
Vehicle Washing/Detailing A AUP AUP AUP AUP
Vehicle Service, Minor — AUP — P P
Vehicle Service, Major — — — CUP

TRANSPORTATION, COMMUNICATION, AND INFRASTRUCTURE USES
Car Sharing — Parking AUP AUP AUP AUP AUP
Parking Facility — Temporary TUP TUP TUP TUP TUP
Utility Facilities — Staffed — AUP AUP AUP AUP
Utility Facility — Unstaffed AUP AUP — AUP AUP
Vehicle Charging Stations —
Commercial

AUP P P P P
Vehicle Storage — — — — CUP
Wireless Telecommunication
Facilities — Minor

AUP AUP AUP AUP AUP
Wireless Telecommunication
Facilities — Major

CUP CUP CUP CUP CUP
Wireless Telecommunication
Facilities, Satellite Dish
Antenna

P P P P P

OTHER USES
Caretaker Quarters — A — — A
Donation Boxes — Outdoors — — — — CUP
Other Drive-Through or
Drive-Up Facilities
AUP AUP — AUP AUP
Vending Machine A A A A A
Note:
*Specific standards apply.
(Prior code § 159.06.020; Ord. 524 § 5, 2010; Ord. 610 5-2-17; Ord. 712 6-2-20; Ord. 727 1-19-21; Ord. 728 1-19- 21; Ord. 762 6-21-22; Ord. 793, 11/7/2023)
Item Number: 6.

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EXHIBIT A
GOVERNMENT CODE SECTION 65858(d) REPORT
Public report regarding the status of the City of Desert Hot Springs an

EXTENSION OF THE URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF DESERT HOT SPRINGS ADOPTING A MORATORIUM ON THE

ISSUANCE OF ANY LICENSE, PERMIT, OR ENTITLEMENT THAT IS A USE OTHER

THAN THE ONES LISTED IN THIS ORDINANCE FOR ANY BUSINESS LOCATED IN

THE COMMERCIAL BUSINESS PARK (C-BP) ZONING DISTRICT ALONG HIGHWAY 62 BETWEEN NORTH INDIAN CANYON DRIVE AND INTERSTATE 10 On October 21, 2025, the City Council of the City of Desert Hot Springs adopted Interim Urgency Ordinance No. _____ (“Underlying Ordinance”). That Underlying Ordinance initiated a 45-day moratorium on certain uses for any business located in the area along Highway 62, north of the Interstate 10 freeway and south of North Indian Canyon Road (“HWY 62 Corridor”).

The City desires that the HWY 62 Corridor area is being used in a manner consistent with the Strategic Plan, which envisions the promotion of tourism through the development of new business. Accordingly, the City needs to study the land uses for the HWY 62 Corridor in order ensure that the uses comply with the vision of the City Council. The Underlying Ordinance was enacted to ensure protection of the public health, safety and welfare related to the use and long-term goals of the City in reference to the HWY 61 Corridor. Pursuant to Government Code Section 65858(d), the City prepared this report to describe the measures taken to alleviate the conditions that led to the adoption of the Underlying Ordinance.

RESEARCH
Staff has been engaged in preparation of analyzing the uses in the HWY 62 Corridor to ensure compliance with the Strategic Plan, including research and analysis related to potential commercial, tourism, and mixed-use uses in the HWY 62 Corridor. City Council expressed a desire to limit the uses as in the Underlying Ordinance, preserving the HWY 62 Corridor for future tourism promotion, which may include mixed-use, and general commercial uses, in compliance with the General Plan. During the research associated with these efforts, staff and the environmental consulting firm will be evaluating the environmental impacts that changes in land-use designation(s), uses and development standards during this time. Further, the uses as amended mentioned in the Underlying Ordinance are not being approved within the HWY 62 Corridor, until such time that the City Council can review, deliberate, and consider the long-term goals, polices, outlook for the area in question and adopt new zoning regulations and development standards to accomplish that goal. Moreover, new legislation from the State of California such as AB 98 provides restrictions on certain uses like logistics and warehouses near residential areas. The Commercial - Business Park (CB-P) zoning in the HWY 62 Corridor is surrounded by Residential Medium (RM) zoning.

The Underlying Ordinance was adopted to allow staff sufficient time to conduct research, prepare environmental studies and reports, conduct zoning analysis, traffics analysis, etc. in review and preparation of the potential impacts on HWY 62 Corridor.

The interim prohibition adopted by the City Council on October 21, 2025, will expire on Item Number: 6.

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December 5, 2025. Since it is infeasible for the studies and decisions to take place prior to then, it is recommended that the City Council extend the Underlying Ordinance for an additional Twenty Two months and Fifteen days. Consistent with California Government Code Section 65858(c), the City Council finds that there is a current and immediate threat to the public health, safety, or welfare, and the approval of additional permits or entitlements for commercial those uses mentioned in the Underlying Ordinance would increase that threat to public health, safety, or welfare.

Item Number: 6.

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SR-25-248
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 4, 2025
Department: City Manager
Prepared by: Doria Wilms, City Manager
Subject: Comprehensive Update on Efforts to Address Homelessness RECOMMENDATION:

Staff seeks direction from the City Council regarding the preferred model for providing services to unhoused individuals in the City of Desert Hot Springs.  Continue the current SWAG/CRT model: Maintain the existing approach to homelessness services and policy. Under this option, the City would not participate in the CVAG CV-200 Program or the partnership with Riverside County, CVAG, and the Coachella Valley Conservation Commission (CVCC) on the ERF Grant.

OR
 Adopt the Housing First model: Implement a Housing First approach and participate fully in the CVAG CV-200 Program, as well as the partnership with Riverside County, CVAG, and CVCC on the ERF Grant.

BACKGROUND:

In 2019, the Ninth Circuit Court of Appeals ruled that it was cruel and unusual punishment and unconstitutional for cities to criminalize homelessness. Martin vs. Boise further ruled that cities could not enforce their anti-camping ordinances if they did not have enough shelter beds for their unhoused population.

Following this ruling, and exacerbated by the COVID-19 pandemic, the City experienced an exponential increase in the total number of unhoused individuals within the City of Desert Hot Springs. Further complicating local efforts, an outside agency relocated an unknown number of unhoused individuals into the Hyundae Hotel, a substandard and non-compliant facility, without any coordination or consultation with the City. After the Hyundae Hotel was subsequently red-tagged and it permits revoked, the occupants were required to vacate, resulting in new encampments and squatting activity at another nearby, red-tagged hotel complex. These encampments contributed to multiple fires, one of which resulted in a fatality and ultimately led to the demolition of the entire hotel complex. At the same time, the City's ability to enforce laws related to illegal camping and similar offenses was severely limited due to state-level legislation restricting police enforcement.

In the fall of 2021, the City hired SEH Consulting to conduct an independent assessment, including citywide outreach, needs assessments, field reconnaissance, and community engagement meetings.

Item Number: 7.

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Community feedback revealed a strong desire to open an access center to comply with Martin vs.

Boise. The City met with various jurisdictions and nonprofit partners and toured access centers and shelters throughout Riverside County.

In May of 2023, the City purchased The HUB, located at 66753 Hacienda Avenue. Centrally located and already entitled for this land use, the site was ideal for the City’s first homelessness response facility.

In October 2023, the City of Desert Hot Springs opened The HUB as a City-owned Emergency Overnight Shelter, operated under contract with Martha’s Village and Kitchen. Initially a 26-bed shelter, this facility represented the City’s implementation of the Housing First model, designed to provide immediate shelter without preconditions.

In November 2023, the City published a Request for Proposals (RFP) for long-term operation of The HUB. On December 14, 2023, the County of Riverside Housing and Workforce Solutions (HWS) conditionally awarded the City $416,219 through the Homeless Housing, Assistance, and Prevention (HHAP) Program for the continuation of shelter operations at The HUB, with Martha’s Village and Kitchen designated as the operator. On January 16, 2024, the City Council adopted the Riverside County HWS Homeless Action Plan, which allowed the City to proceed with accepting HHAP funding.

During the first year of operations at The HUB under the Housing First model, 721 unduplicated individuals accessed the day center, while 198 unduplicated individuals accessed the overnight shelter. Despite these efforts, the City did not see a measurable decrease in homelessness, with only 18 individuals housed during the first year of operations, a 8.58% success rate.

DISCUSSION:

On September 30, 2024, the City exhausted the HHAP funding under its previous agreement and, on October 1, 2024, entered into a Professional Services Agreement with the Social Work Action Group (SWAG).

This transition marked a strategic shift away from the Housing First model toward a treatment and accountability-based model focused on rehabilitation, recovery, and personal responsibility. SWAG’s approach emphasizes relationship building, trust, and direct connections to detox and mental health facilities for chronically unhoused individuals, with the goal being reunification with the familial unit.

This immediate intervention and placement model has eliminated the need for The HUB to operate as an overnight facility. Under SWAG’s approach, overnight stays were anticipated only in instances where an individual successfully completed detox but was unable to secure housing or reunification with family. To date, no overnight stays have been required under this model. The HUB now functions as a structured point of facilitation for meaningful, direct services rather than a shelter, with participants actively engaging in programs designed to address the root causes of homelessness.

The initial agreement with SWAG anticipated 24/7 operations at The HUB and included funding for five (5) full-time employees (FTEs) assigned to the facility, as well as four (4) full-time Street Outreach Managers, for a total contract amount of $1,072,668. In May 2025, the City determined that SWAG’s operational model, directly connecting unhoused individuals to detoxification and mental health services, no longer necessitated continuous on-site staffing, as no overnight stays had occurred at The HUB since the start of the contract. Accordingly, City staff renegotiated the agreement with SWAG to remove the five (5) FTE facility positions while retaining the four (4) full-time Street Outreach Managers, resulting in a contract reduction and savings of more than $400,000.

Item Number: 7.

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SR-25-248
In 2024, the City also established a Critical Response Team (CRT) comprised of:
 Two (2) dedicated Code Enforcement Officers,
 Two (2) dedicated Police Officers, and
 Four (4) Street Outreach Workers through SWAG.

This multidisciplinary team works daily to restore public health and safety, connect the unhoused with appropriate services, and enforce municipal and state laws without exception for housing status.

Since the City’s partnership with SWAG began and the CRT has been established:
 SWAG has provided intense Street Outreach to 86 unduplicated individuals.  66 individuals successfully exited the street into treatment, housing, or stabilization programs, a 76.74% success rate.
 25 individuals have returned to the street, a significant improvement over previous retention outcomes.
 45 individuals have remained successfully exited from street homelessness, a 53.32% success rate.
 This far exceeds the 18 individuals housed during the first year under the Housing First Model which produced an 8.58% success rate in our City.
 The CRT team made 191 arrests related to criminal activity: 67 felonies and 124 misdemeanors, restoring safety in key public areas.

The below Homeless Point In Time Count numbers demonstrate that, despite statewide increases, the City has stabilized and reduced street-level homelessness while significantly improving access to treatment and accountability systems.

Point In Time Count Data:
 2017: 43 individuals
 2018: 58 individuals
 2019: 45 individuals
 2020: 68 individuals
 2021: (PIT Count Not Completed Due to COVID-19)
 2022: 63 total (48 unsheltered / 15 sheltered)
 2023: 122 total (107 unsheltered / 15 sheltered)
 2024: (PIT Count – Focused on Housing Outcomes)
 2025: 120 total (85 unsheltered / 35 sheltered)
A key component of the City’s homelessness strategy involves the proactive abatement of both major and minor encampments to restore public spaces, protect environmental quality, and safeguard community health. City staff from Code Enforcement, Public Works, and the Critical Response Team (CRT) conduct regular clean-ups throughout main corridors, public rights-of-way, storm channels, and vacant properties. These coordinated operations include debris removal, hazardous material mitigation, and site restoration. Strong partnerships with vacant property owners have facilitated significant encampment clean-ups in key areas of the City, including the large desert corridor between Hacienda Avenue and Two Bunch Palms Trail. The City also continues to collaborate Item Number: 7.

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SR-25-248
closely with the Coachella Valley Conservation Commission as they work to address and abate encampments located on their properties.

The City has also established strong partnerships with local businesses and property owners, implementing Penal Code 602 letters to allow for the enforcement of trespassing laws. The property managers of the Vons Shopping Center, Royal Emerald Plaza, and Stater Bros. Center have worked closely with City staff to abate loitering, prevent re-encampment, and design out spaces that attract loitering, illegal camping and/or dumping. These combined efforts have significantly improved the appearance, safety, and business activity within commercial corridors.

Over the last year, the City of Desert Hot Springs has made measurable progress in reducing street homelessness, improving public safety, and enhancing collaboration with service providers and local stakeholders, However, there is still significant work to be done. Staff has observed that even brief interruptions in SWAG’s outreach efforts or enforcement by the CRT of illicit activity can quickly erode progress that has been achieved.

Because housing in Desert Hot Springs is generally more affordable than in other areas of the Coachella Valley, non-profit organizations often form partnerships with residential property owners to facilitate the rapid rehousing of unhoused individuals in the City. Most of these non-profits operate under the Housing First model, which prioritizes providing immediate access to permanent housing without preconditions such as sobriety, employment or participation in treatment programs.

While this model has benefits, placing some of the most vulnerable individuals into the community without strong wrap-around services has, in certain cases, resulted in unsafe circumstances in residential neighborhoods. Issues such as drug activity, squatting, encampments, and other public safety concerns have been observed. These situations are often identified following a code enforcement violation; however, City staff have made proactive efforts to engage with non-profits to address concerns regarding how some programs are deployed locally. These efforts have been challenging, as the non-profits’ operational models sometimes conflict with the City’s approach. In some instances, individuals who are not originally from Desert Hot Springs have ended up back on the streets following eviction from these programs, further exacerbating homelessness within the community.

The transition to SWAG’s immediate intervention and placement model, supported by the Critical Response Team, has proven far more effective than the previous shelter-based housing first approach, resulting in:
 Substantial decreases in unsheltered homelessness,
 Increased accountability for those committing crimes, and  Stronger partnerships with businesses, property owners and the community.

The current approach remains consistent with Strategic Plan Area of Focus #5 – Public Safety – Quality of Life and executes fully on the following Action Items:
a. Continue with dedicated team comprised of Law Enforcement, Code Enforcement, and SWAG to provide resources and services to the unhoused population while continuing to enforce a zerotolerance policy for any criminal activity.

Item Number: 7.

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SR-25-248
b. Continue to work with property owners to institute and enforce 602 No Trespassing letters and abate encampments in collaboration with private property owners and in the public right of way per ordinance.

Staff seeks direction from the City Council as it relates to Action Item C of Strategic Plan Area of Focus #5.
c. Explore ERF Funding with CVAG, Riverside County and CVCC so long as the efforts and other agencies align with and are not in contradiction to the City’s efforts to provide services and address homelessness.

In 2017, the Coachella Valley Association of Governments (CVAG) launched the CV Housing First Program, which operates under the Housing First model, providing immediate shelter without preconditions, followed by wrap-around supportive services once individuals are housed. Since the program’s inception, participating cities have contributed $100,000 annually to CVAG to support its implementation. In 2025, the participation cost increased to $120,000. The City of Desert Hot Springs participated in the program continuously until 2024, when the City redirected its annual contribution to subsidize the cost of facilitating localized homelessness services through The HUB. The City is being asked to consider re-entering the program.

In December 2020, CVAG refined its program focus to create CV 200, an initiative targeting 200 chronically homeless individuals with complex needs who frequently interact with law enforcement across the Coachella Valley. Each participating city collaborates with CVAG staff to create a list of 20 chronically homeless individuals to receive intensive case management and support services utilizing the Housing First model each year. Program outcomes for the City of Desert Hot Springs for previous years are as follows:

Year 2022 2023 2024
Total Clients Housed 5 8 4
Clients - Still Housed 2 5 3
Clients - No Longer Housed 2 n/a 1
Clients – Status Unknown 1 3 n/a
Additionally, the State of California has made available Encampment Resolution Funding (ERF) to assist local jurisdictions in resolving encampments by providing services and support to people living in them, with the goal of moving people into safe and stable housing and restoring public spaces. To participate, the program requires the use of the Housing First Model, or equivalent low-barrier housing pathway.

The County of Riverside, CVAG and CVCC have approached the City about partnering on an ERF Grant for the housing of unhoused individuals on CVCC owned lands in the City. If the City chose to participate, housing of those individuals would take place in coordination with the City and in Desert Hot Springs under the Housing First model.

Strategic Plan Area of Focus #5, Action item (C) explicitly states that staff is to explore these avenues, so long as they align with and are not in contradiction with the City’s efforts to provide services to address homelessness.

Item Number: 7.

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SR-25-248
Deploying both SWAG’s model and the Housing First model simultaneously in the City would create inherent contradictions in policy and practice. The Housing First approach prioritizes providing immediate housing with minimal conditions, often without requiring participation in treatment, sobriety, or accountability measures. In contrast, SWAG’s model, in conjunction with the CRT, emphasizes structured intervention, personal accountability, and direct engagement with detoxification, mental health, and rehabilitation services, with the goal of reunification with family or placement into supportive programs.

Supporting both models at the same time would present conflicting expectations for participants: one model removes barriers to housing regardless of behavior, while the other conditions access and success on active engagement and compliance. Such a dual deployment could undermine program effectiveness, create confusion among service providers and participants, and reduce measurable outcomes, ultimately working at cross-purposes rather than achieving a unified strategy for addressing homelessness in the City.

Staff is seeking direction from the City Council regarding the preferred model for providing services to unhoused individuals in the City of Desert Hot Springs.  Continue the current SWAG/CRT model: Maintain the existing approach to homelessness services and policy. Under this option, the City would not participate in the CVAG CV-200 Program or the partnership with Riverside County, CVAG, and the Coachella Valley Conservation Commission (CVCC) on the ERF Grant.
or
 Adopt the Housing First model: Implement a Housing First approach and participate fully in the CVAG CV-200 Program, as well as the partnership with Riverside County, CVAG, and CVCC on the ERF Grant.

FISCAL IMPACT:

Continuing with the SWAG/CRT model would not increase the City's costs which are already anticipated in the FY25-26 Budget. Should the City adopt the Housing First model and choose to participate in CVAG CV-200, the cost would be $120,000 as well as any costs associated with the ERF Grant and any cost changes in regards to the operations of the HUB facility.

STRATEGIC ALIGNMENT:

This initiative supports the following goals of the City's Strategic Plan:

Goal 5: Public Safety – Quality of Life
Balance the needs of the unhoused with the quality-of-life needs and concerns of the broader community.

ATTACHMENTS:
1) SWAG 2024 Snapshot
2) SWAG 2025 Snapshot YTD
3) 2022 Point In Time Count
4) 2023 Point In Time Count
5) 2025 Point In Time Count
Item Number: 7.

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SR-25-248
Item Number: 7.

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Desert Hot Springs 2024 Monthly Snapshot
Demographics
New Clients Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Female N/A N/A N/A N/A N/A N/A N/A N/A N/A 4 5 1 10
Female Duplicated N/A N/A N/A N/A N/A N/A N/A N/A N/A 4 7 8 19 Male N/A N/A N/A N/A N/A N/A N/A N/A N/A 3 9 6 18
Male Duplicated N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 7 13 22 Youth <25 years old N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 2 0 2 25-54 years old N/A N/A N/A N/A N/A N/A N/A N/A N/A 5 8 4 17 Senior>55 years old N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 4 3 9 Confirmed Veteran N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 0 0 0 Probation N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 1 0 1
Parole N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 0 0 0
Mental Illness N/A N/A N/A N/A N/A N/A N/A N/A N/A 7 14 7 28 Physical Disability N/A N/A N/A N/A N/A N/A N/A N/A N/A 3 5 2 10 Developmental Disability N/A N/A N/A N/A N/A N/A N/A N/A N/A 3 0 2 5 Substance Abuse N/A N/A N/A N/A N/A N/A N/A N/A N/A 7 14 7 28 Income N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 4 0 4
DHS Resident > 1 Year N/A N/A N/A N/A N/A N/A N/A N/A N/A 7 13 7 27 Homeless <30 Days N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 0 0 0 Homeless 1 - 11 Months N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 3 0 3 Homeless > 1 Year N/A N/A N/A N/A N/A N/A N/A N/A N/A 7 11 7 25 Number of Contacts N/A N/A N/A N/A N/A N/A N/A N/A N/A 14 36 80 130 # of New Clients N/A N/A N/A N/A N/A N/A N/A N/A N/A 7 14 7 28 Housing & Shelter Placement
Housing Intervention Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Crisis Stabilization (The HUB) N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 0 0 0 Total Street Exit Events (YTD) Alternative Housing Placements N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 0 1 3 13 * Overall street exit events Returned To Streets N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 1 2 3 12 *Unduplicated individuals Mental / Physical Health Services
Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Mental Health Services N/A N/A N/A N/A N/A N/A N/A N/A N/A 8 8 8 24 Crisis Stabilization Unit N/A N/A N/A N/A N/A N/A N/A N/A N/A 8 8 8 24 Medical Service Referrals N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 5 3 10 Substance Abuse (SA) Services / Placements
Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total SA Service Attempts N/A N/A N/A N/A N/A N/A N/A N/A N/A 1 5 7 13 SA Service Connections N/A N/A N/A N/A N/A N/A N/A N/A N/A 1 5 5 11 SA Bed Checks N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 5 5 10 SA Placements N/A N/A N/A N/A N/A N/A N/A N/A N/A 1 4 5 10 Item Number: 7.

Page 110 of 198 ends

Desert Hot Springs 2025 Monthly Snapshot
Demographics
New Clients Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Female 2 1 0 4 0 4 7 0 4 22
Female Duplicated 2 2 4 7 4 10 16 3 6 54
Male 5 4 1 7 0 8 4 5 2 36
Male Duplicated 11 7 7 15 10 22 17 13 12 114
Youth <25 years old 0 0 0 0 0 1 0 0 0 1
25-54 years old 5 5 1 7 0 7 5 3 2 35
Senior>55 years old 2 0 0 4 0 4 6 2 4 22
Confirmed Veteran 0 0 0 0 0 0 0 1 0 1
Probation 0 0 0 2 0 0 0 3 0 5
Parole 0 0 0 0 0 0 0 0 0 0
Mental Illness 7 5 1 11 0 12 11 5 6 58
Physical Disability 4 2 0 6 0 4 3 3 2 24
Developmental Disability 0 0 0 1 0 1 1 0 1 4
Substance Abuse 7 5 1 11 0 12 11 5 6 58
Income 2 0 0 1 0 1 1 2 3 10
DHS Resident > 1 Year 7 5 0 11 0 12 7 1 6 49
Homeless <30 Days 0 0 0 0 0 1 0 0 0 0
Homeless 1 - 11 Months 0 0 0 1 0 0 1 0 1 3
Homeless > 1 Year 7 5 1 10 0 11 10 5 5 54
Number of Contacts 38 38 39 66 54 53 56 34 33 411
# of New Clients 7 5 1 11 0 12 11 5 6 58
Housing & Shelter Placement
Housing Intervention Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Crisis Stabilization (The HUB) 0 0 0 0 0 0 0 0 0 0 Total Street Exit Events (YTD) Alternative Housing Placements 0 0 0 3 0 0 0 3 0 6 53 * Overall street exit events Returned To Streets 2 1 1 4 3 2 3 4 2 22 34 *Unduplicated individuals Mental / Physical Health Services
Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Mental Health Services 5 7 9 14 8 15 10 9 2 79
Crisis Stabilization Unit 3 7 6 8 5 5 6 8 1 49
Medical Service Referrals 11 9 9 29 15 41 43 19 12 188
Substance Abuse (SA) Services / Placements
Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total SA Service Attempts 15 10 6 21 12 29 21 21 31 166
SA Service Connections 12 6 5 16 11 18 13 21 21 123
SA Bed Checks 2 2 1 3 14 5 19 16 16 78
SA Placements 5 4 3 7 4 7 8 5 4 47
Item Number: 7.

Page 111 of 198 ends

Riverside County
Continuum of Care
2 0 2 2
Homeless Point
in Time
Count
A federally mandated count of people
experiencing sheltered and unsheltered
homelessness on a single night. The data
collected is used to demonstrate need for
federal and state funding, services, and
resource planning, and to inform the
community about homelessness.

Report
Item Number: 7.

Page 112 of 198 ends

1,336
137+
Veterans Transitional Aged Youth
Seniors
(62+)
District 1
District 2
District 3
District 4
District 5
452
129
292
424
39 119
Families with Children
1,980
District 1
District 2
District 3
District 4
District 5
373
460
227
670
250
By Supervisory District
146 237 106
Veterans Transitional Aged Youth Seniors
(62+)
9 Families with Children
Subpopulation
30% Increase 50% Increase
% Difference Compared to 2020
7% Decrease 12% Decrease
Unsheltered Total
1,685 2,045 2,155
2018 2019 2020
Unsheltered Total by Year *2021 Unsheltered PIT Count was not conducted as a result of COVID exemption Sheltered Total
49 75
By Supervisory District
Subpopulation
2% Decrease 7% Increase 71% Increase 86% Increase
% Difference Compared to 2020
631 766
2018 2019 2020
Sheltered Total by Year
729 998
2021
2022 POINT IN TIME COUNT
3,316
15% Increase from 2,884 (2020 PIT Count)
Total Unsheltered 1,980
Sheltered 1,336
*
*number reported is extrapolated, total unsheltered veterans is 77 (31% decrease from 2020) + number does not include aggregate data
Item Number: 7.

Page 113 of 198 ends

15% Overall
Increase
Highlights
8% Unsheltered
Decrease
83% Shelter
Increase
49% of Surveyed
Individuals Requested
After-care Services
2022 Volunteer Participation
G
e
n
e
r
al
C
o
u
n
t
Count
Youth
625 94
Sub-Population Totals
195 312 243+
Veterans Transitional
Age Youth 18 -24
Seniors
62+
Families
with Children
128
20% Increase 4% Decrease 22% Increase 83% Increase
*number reported includes extrapolated number, actual total veteran count is 126 (22% decrease from 2020) *
+ number does not include aggregate data
Item Number: 7.

Page 114 of 198 ends

District and City Breakdown
2020 PIT sheltered data did not include supervisorial district breakdowns. Shelter data comparison between 2020 and 2022 is unavailable.

Riverside
Palm Springs
Corona
Indio
514
222
110
105
Top 4 Unsheltered Cities
Item Number: 7.

Page 115 of 198 ends

Encampment
Response
More
Shelter Beds
More
Permanent
Housing
Outreach

SHELTER
Persons Impacted
4,791
CoC
2021 IMPACT

STREET OUTREACH
Persons Impacted
4,922

PERMANENT

HOUSING
Persons Impacted
3,895
TOTAL
Unique Individuals Served
12,174

SAR ENCAMPMENT

RESPONSE
Persons Impacted
108

HOMELESSNESS PREVENTION
Persons Impacted (HMIS & United Lift 26,665)
28,006
CESH $1.4M 4 Projects HHAP $5.2M 17 Projects

ESG & ESG-CV
$31M 42 Projects
HUD CoC
$10.4M 16 Projects

HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE
TOTAL: $81.3M

MAINSTREAM
$1.3M 119 Vouchers

HOUSING CHOICE VOUCHER
$74M 7,555 Vouchers

HUD-VASH
$7.3M 408 Vouchers

FAMILY UNIFICATION PROGRAM
$2.3M 180 Vouchers

HOUSING & COMMUNITY DEVELOPMENT
TOTAL: $270.2M

CDBG, ESG & ESG-CV
$5.7M 34 Projects

UNITED LIFT
$196M 26,665 Households

HOMEKEY
$42.3M 289 Housing Units

COUNTY FUNDING
$26.2M 752 Housing Units

CONTINUUM OF CARE
TOTAL: $49.8M
Item Number: 7.

Page 116 of 198 ends

RiversideCounty
ContinuumofCare
2 0 2 3
More than a Count

HOMELESS

POINT-IN-TIME
COUNT
Summary
The federally mandated count of people
experiencing sheltered and unsheltered
homelessness on a single night was
conducted January 25, 2023. The data
collected is used to demonstrate the need
for services, resource planning, and to
inform the community about
homelessness.

Item Number: 7.

Page 117 of 198 ends

58 1,284
Sheltered Total
Subpopulation
101
Veterans Transition Age Youth
Seniors
(62+)
132
Households with Children
75 18% Increase No Change 26% Decrease 11% Increase
% change from previous year
By Supervisory
District 1
District 2
District 3
District 4
District 5
396
112
206
406
164
District
Sheltered Annual Totals
and % change from previous year
2020
729
5% decrease
2021
998
37% increase
2022
1,336
34% increase
766
2019
21% increase
By Supervisory
District 1
District 2
District 3
District 4
District 5
742
260
131
755
553
District
156
**Veterans Transition Age Youth
Seniors
(62+)
11 Households with Children
198 154
36% Increase 35% Decrease 47% Increase 22% Increase
Subpopulation
% change from previous year
2,441
Unsheltered Total
1,685 2,045 2,155
2019 2020 2022
1,980
2018
*2021 Unsheltered PIT Count was not conducted as a result of COVID exemption 21% increase 5% increase 8% decrease
Unsheltered Annual Totals
and % change from previous year
3% increase
2023 POINT-IN-TIME COUNT
3,725
12% Increase from 3,316 (2022 PIT Count)
total
Unsheltered 2,441
Sheltered 1,284
** number reported is extrapolated, total unsheltered interviewed veterans is 100 (30% increase from 2022) 23% Increase from 1,980 (2022 PIT Count)
4% decrease from 1,336 (2022 PIT Count)
Item Number: 7.

Page 118 of 198 ends

Unsheltered
Persons
Experiencing First
Time Homelessnes
21%
257
Seniors 62+
6% Increase
Households
with Children
143
229Transition
Age Youth (18-24)
27% Decrease
256
Veterans
31% Increase

SUB-POPULATION TOTALS
Family Disruption
Lack of Income
Unemployment
27%
19%
12%

1. 2.

3. MORETHAN A COUNT INITIATIVE
32% of surveyed
individuals requested
post-count services
784 individuals referred to
services
Top 3 requested services
Housing Services
Calfresh & Cashaid
Food Pantries

1. 2.

3. Top 3 Primary Factors
Contributing to Unsheltered Homelessness Reported
12% Increase
Unsheltered Interviewed Only
Item Number: 7.

Page 119 of 198 ends

District and City Breakdown
*Data displayed is based on newly adopted district boundaries **New districting places Jurupa Valley in D1 & D2. Jurupa Valley will be split between D1 and D2 in 2025 following 2023-2025 transition period.

Item Number: 7.

Page 120 of 198 ends

CESH
$1.4M 4 Projects
$14.2M 20 Projects
HUD CoC
$1.7M 4 Projects

ESG & ESG CV
HHIP
HHAP
$35M 31 Projects

CONTINUUM OF CARE
TOTAL $62M
$9.7M 30 Projects

HUD-VASH
$6.8M 798 Vouchers
$1.8M 203 Vouchers

MAINSTREAM
$77.6M 9,068 Projects
Housing Choice Voucher
Family Unification Program
HOUS $1.5M 180 Vouchers ING AUTHORITY
TOTAL $87.7M
Homekey
$20M 183 Housing Units
$8.7M 25 Projects

CDBG, ESG & ESG-CV
$55.1M 8,111 Households
United Lift
County Funding
$236.9M 1,808 Housing Units

HOUSING & COMMUNITY

DEVELOPMENT
TOTAL $320.7

I M P A C T R E P O R T
FY 2022/2023

HOMELESSFUNDING&PROGRAMSFORRIVERSIDECOUNTY
Item Number: 7.

Page 121 of 198 ends

The federally mandated count of people experiencing sheltered and unsheltered homelessness on a single night in Riverside County was conducted January 22, 2025. The data collected is used to demonstrate the need for services, to support resource planning, and to inform the community about homelessness.

HOMELESS POINT-IN-TIME COUNT
Summary
2025
More than a Count
2025
ered
202
More than a Count
Item Number: 7.

Page 122 of 198 ends

729
998
1336 1284
1808
1,978
Unsheltered Total
2025 POINT-IN-TIME COUNT
*Sheltered increase reflects new provider participation, HUD guidance, and system-wide capacity growth
Sheltered Point-in-Time Count

ANNUALTRENDS
Unsheltered Point-in-Time Count

SUBPOPULATIONS
67 Veterans
24% Increase
116
Seniors (65+)
73% Increase
294
Households
with Children
124% Increase
Transition
Age Youth
119
89% Increase

ANNUALTRENDS
2022 2023
1,980 2,441
2020
2,155
2020 2021 2022 2023
19% Decrease in Unsheltered
Homelessness

SUBPOPULATIONS
126
Veterans 36% Decrease
103
Seniors (65+) 30% Decrease
9 Households
with Children
18% Decrease
Transition
Age Youth
53 70% Decrease
** 2,012*
Sheltered Total
11% Shelter Capacity Increase
2021
No Count
2024
No Count
2024
(18-24)
19% Decrease in Unsheltered
Homelessness
Unsheltered Point in Time Count
Vet
Hou
with
4 unt
Unsheltered Point-in-Time Count

ANNUALTRENDS
2022 2023
1,980 2,441
2020
2,155

SUBPOPULATIONS
126
terans 36% Decrease
103
Seniors (65+) 30% Decrease
9 useholds
h Children
18% Decrease
Transition
Age Youth
53 70% Decrease
2021
No Count
2024
No Co
(18-24)
U
1,978
nsheltered Total
new provider participation, participation HUD guidance, guidan and system-wide Sheltered Point-in-Time Count

NUALTRENDS

SUBPOPULATION
67 Veterans
24% Increase
Seniors (
294
Households
with Children
124% Increase
Transi
Age Yo
1 2022 2023 2024
2,012*
ered Total
r Capacity Increase
2 Shelte
11% Shelter
729
998
1336 1284
1808
Item Number: 7.

Page 123 of 198 ends

Top 3 Primary Factors
Contributing to Unsheltered
Homelessness Reported
Family Disruption
Lack of Income
Unemployment
20%
19%
12%

1. 2.

3. Total Point In Time Data
3,990 7% increase from 2023
PIT Count
Highlights:

All major subpopulations —Veterans,
Youth, Families, and Seniors— have
decreased rates of unsheltered
homelessness, while shelter access
has continued to grow across those
same groups.

Sheltered increase reflects
increased program participation
in CALWORKS and system-wide
capacity growth
For every 2 people entering
homelessness for the first time, 3
individuals were housed and
maintained stable housing.

More individuals are sheltered than
unsheltered, showing real momentum
toward stability and support.

Unsheltered Persons
Experiencing First
Time Homelessness
21%
Unsheltered Persons
Experiencing First
Time Homelessness
21%
Item Number: 7.

Page 124 of 198 ends

District and City Breakdown
District 1 Unsheltered 2025 Sheltered 2025 PIT Count Total Jurupa Valley** 58 4 94
Perris 56 44 100
Riverside 614 473 1,087
Unincorporated 79 0 79
Total 807 521 1,360
District 2 Unsheltered 2025 Sheltered 2025 PIT Count Total Canyon Lake 0 0 0
Corona 108 146 254
Eastvale 0 30 30
Jurupa Valley** 36 3 7
Lake Elsinore 38 28 66
Norco 5 16 21
Unincorporated 4 0 4
Total 191 223 382
District 3 Unsheltered 2025 Sheltered 2025 PIT Count Total Menifee 43 22 65
Murrieta 14 185 199
Temecula 37 35 72
Wildomar*** 10 25 35
Unincorporated 32 0 32
Total 136 267 403
District 4 Unsheltered 2025 Sheltered 2025 PIT Count Total Blythe 72 2 74
Cathedral City 49 24 73
Coachella 72 9 81
Desert Hot Springs 81 35 116
Indian Wells 0 0 0
Indio 51 458 509
La Quinta 5 1 6
Palm Desert 9 5 14
Palm Springs 88 74 162
Rancho Mirage 0 0 0
Unincorporated 27 0 27
Total 454 608 1,062
District 5 Unsheltered 2025 Sheltered 2025 PIT Count Total Banning 87 38 125
Beaumont 21 7 28
Calimesa 8 0 8
Hemet 138 184 322
Moreno Valley 55 99 154
San Jacinto 55 55 110
Unincorporated 26 10 36
Total 390 393 783
**Due to redistricting, Jurupa Valley is now split between Districts 1 and 2, and Wildomar is in District 3.

FY 23/24 HMIS Total
214
743
4,800
30 FY 23/24 HMIS Total
3 931
48 340
331
181
0 FY 23/24 HMIS Total
263
393
141
94 141
FY 23/24 HMIS Total
216
285
225
988
24 1,840
96 398
928
57 306
FY 23/24 HMIS Total
294
175
24 1,700
953
627
35 Annual Total HMIS Data
Item Number: 7.

Page 125 of 198 ends

IMPACT REPORT
5,346
Coordinated
Entry
7,307
Housed
226
Projects
****”Individuals Assisted” represents unduplicated counts of individuals who received services during the reporting range. Other data reflected on this page includes duplicate enrollments as one client can be served under multiple interventions. (e.g., a client assisted through street outreach may also have been assisted through permanent housing). 843
Services Only
5,669
Emergency
Shelter
873
Homelessness
Prevention
1,145
Transitional
Housing
4,526
Rapid
Re-Housing
Permanent Supportive Housing
1,904
Street Outreach
6,038
18,339
Individuals Assisted
***
2023/2024 Fiscal Year Program Outcomes
Over 80% Maintained Housing Stability After 2 Years

IMPACT REPORT
18,339
Individuals Assisted
***
ted
Services Only
Emergency
Shelter
Homelessness
Prevention
Transitional
Housing
Rapid
Re-Housing
Permanent Supportive
Housing
Street Outreach
Item Number: 7.

Page 126 of 198 ends

SR-25-251
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 4, 2025
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: October 21, 2025 RECOMMENDATION:

Approve the minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - October 21, 2025 Item Number: 8.

Page 127 of 198 ends

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Regular Meeting
6:00 PM - Tuesday, October 21, 2025
Council Chambers
PRESENTATIONS - 5:30 P.M.

FIND Food Bank Presentation
Lorena Marroquin, Find Food Bank Vice-President of Community Impact, presented the city impact report for Desert Hot Springs and responded to questions.

REGULAR SESSION - 6:00 P.M.

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

ROLL CALL

Present:

Council Members: Daniel Pitts, Jan Pye, Dirk Voss
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

INVOCATION
Councilmember Voss gave the Invocation.

PLEDGE OF ALLEGIANCE
Councilmember Pye led the Pledge of Allegiance.

APPROVAL OF AGENDA
ACTION: Approve the October 21, 2025, regular meeting agenda, and approve the Consent Calendar in its entirety.

Moved by Mayor Pro Tem Gardner
Seconded by Councilmember Voss
Carried 5-0 by the following votes:

Item Number: 8.

Page 128 of 198 ends

City Council
October 21, 2025
AYES: Pitts, Pye, Voss, Gardner, and Matas

PUBLIC COMMENTS
1) Eddie Johnson announced a free coffee hour for veterans (50+ years) at the Senior Center and praised the local police for contributing to city safety. 2) Matthew (last name not provided) spoke regarding homelessness. 3) Javier Enriquez, South Coast Air Quality Management District (SCAQMD), announced that funding was available through the "Invest Clean" program; and that the "Coachella Valley Dust Summit" will be held on November 6, 2025.

CITY MANAGER REPORT
Roberta Crncic, Recreation and Community Services Director, gave Senior Center updates and announcements; and that "Desert Nights on the Boulevard" kicks off on Saturday, October 25, 2025.

Christina Newsom, Acting Deputy City Manager, provided an update on the City's animal adoption efforts and introduced 'Pet of the Week' Della, who is available for adoption.

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

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Councilmember Pye reported on the various meetings and events she attended.

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

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

PUBLIC HEARINGS:

1. Little League Fees
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of those in a neutral position; 7) Close the Public Hearing;
Item Number: 8.

Page 129 of 198 ends

City Council
October 21, 2025
8) City Council discussion and questions to Staff; and
9) Adopt the recommendation from the Little League Advisory Board to adjust the Little League Program Fees as follows to offset the rising expense of equipment:
 $85.00 - Early Registration Per Player (First four weeks of registration)  $105.00 - Regular Registration Per Player
 $135.00 - Late Registration
Staff Report - SR-25-239 - Pdf
Denise Abriel, Program Specialist, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing
Matt (last name not provided) spoke in support.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

Moved by Mayor Pro Tem Gardner
Seconded by Councilmember Voss
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas

2. Urgency Interim Ordinance Adopting a Moratorium on the Issuance of Any License, Permit, or Entitlement That Is a Use Other Than the Ones Listed in This Ordinance for Any Business Located in the Commercial Business Park (C-BP) Zoning District Along Highway 62 Between North Indian Canyon Drive and Interstate 10.

Recommendation:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony of those in favor
5) Take public testimony of those in opposition;
6) Take public testimony of those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt an "URGENCY INTERIM ORDINANCE of the City Council of the City of Desert Hot Springs adopting a moratorium on the issuance of any license, permit, or entitlement that is a use other than the ones listed in this ordinance for any business located in the Commercial Business Park (C-BP) Zoning District along Highway 62 between North Indian Canyon Drive and Interstate

10."
Staff Report - SR-25-241 - Pdf
Item Number: 8.

Page 130 of 198 ends

City Council
October 21, 2025
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 and adopt Ordinance No. 822.

Moved by Mayor Pro Tem Gardner
Seconded by Councilmember Pitts
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas
ADMINISTRATIVE CALENDAR:

3. Approve Professional Services Agreement for the Engineering Design of Skyborne Park Project, City Project No. 4021
Recommendation:

Authorize the City Manager to negotiate and execute a Professional Services Agreement between the City of Desert Hot Springs and David Evans and Associates, Inc. for the design of the Skyborne Park Project in an amount not to exceed $392,215.00 with a contingency of $39,221.50 (10%) for additional work approved by the City, which brings a total design budget of $431,436.50.

Staff Report - SR-25-242 - Pdf
Daniel Porras, Deputy City Manager, presented the staff report.

Peter Scott DelaTorre spoke in support.

Shawn Johnson spoke in support.

Lloyd Purdy spoke in support.

ACTION: Approve Staff recommendation.

Moved by Mayor Pro Tem Gardner
Seconded by Councilmember Pitts
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas
Item Number: 8.

Page 131 of 198 ends

City Council
October 21, 2025
CONSENT CALENDAR:

4. City Council Regular Meeting Minutes: September 16, 2025 Staff Report - SR-25-244 - Pdf
ACTION: Approved the minutes as presented.

5. First Amendment to Engineering Design of the Line C-1 Storm Drain Improvement Project, City Project Number 6003
Staff Report - SR-25-245 - Pdf
ACTION: Approved Staff recommendation authorizing the City Manager to draft and execute the First Amendment to the Professional Services Agreement for Engineering Design of the Line C-1 Storm Drain Improvement Project, City Project Number 6003, to Webb and Associates.

6. SB341 Housing Successor Agency Annual Report for the Period of FY2020-2021 through FY2024-2025
Staff Report - SR-25-238 - Pdf
ACTION: Approved Staff recommendation to approve the SB341 Housing Successor Agency Annual Report for the period of FY2020-2021 through FY2024-2025.

7. Payment Register and City Council Expenditures for the Period of Sept 1, 2025 to Sept 30, 2025
Staff Report - SR-25-240 - Pdf
ACTION: Received and filed.

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 7:00 PM.

Jerryl Soriano, CMC, City Clerk
Item Number: 8.

Page 132 of 198 ends

SR-25-250
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 4, 2025
Department: Public Works
Prepared by: Tim Jonasson, Consultant City Engineer
Subject: Approve Professional Services Agreement for the Downtown Area and Palm Drive Corridor Infill Development Sewer Area Implementation Plan RECOMMENDATION:

BACKGROUND:

The Downtown Area and Palm Drive corridor both lack adequate sewer infrastructure necessary to support affordable housing and economic growth in the area and no funding exists to extend sewer service through either Mission Springs Water District (MSWD), Coachella Valley Water District (CVWD) or known development projects. This led the City to pursue grant funding through Southern California Association of Governments (SCAG) under its Regional Early Action Planning (REAP)/Regional Utilities Supporting Housing (RUSH) pilot program.

In 2023 the Southern California Association of Governments (SCAG) released the Regional Early Action Planning Grant Program of 2021 (REAP 2.0). A call for grant applications for the Regional Utilities Supporting Housing (RUSH) Pilot Program was released with an estimated overall available budget of $35 Million.

On December 21, 2023, the City was informed by SCAG that the City was conditionally awarded $500,000 for the Downtown Area and Palm Drive Corridor Infill Development Sewer Area Study.

On January 25, 2024, the City was notified by SCAG that the REAP 2.0 Program funding was put on pause due to potential California State funding cuts as part of the 2024-25 California State Budget.

On July 30, 2024, SCAG notified the City that the REAP 2.0 Program funding was restored and the City would receive the full award, and the project was authorized to move forward.

On January 21, 2025, the City Council adopted a Resolution approving the execution of a Memorandum of Understanding (MOU) with SCAG for up to $500,000 to prepare an area sewer assessment for its downtown and Palm Drive corridor. Once complete this plan will be used to Item Number: 9.

Page 133 of 198 ends

SR-25-250
support the City’s efforts in pursuing tax increment or other financing mechanisms to construct sewer infrastructure for new infill development of local affordable housing while also promoting economic development, connectivity and sustainability.

DISCUSSION:

On June 24, 2025, staff issued a Request for Proposals (RFP) for Downtown Area and Palm Drive Corridor Infill Development Sewer Area Implementation Plan. The City received two (2) proposals that were reviewed by an evaluation committee consisting of staff from Public Works which resulted in the following ranking of the firms.

Rank Firm
1 Engineering Resources of Southern California
2 Watearth
After interviewing both firms the evaluation committee found Engineering Resources of Southern California (ERSC) to be best firm for this project and recommends the City approve a Professional Services Agreement (PSA) to prepare the Downtown Area and Palm Drive Corridor Area Sewer Plan.

If approved, ERSC will be responsible for preparing the plan in close coordination with both sewer purveyors, preparing cost estimates, identifying funding options and circulating the draft plan for public review in accordance with SCAG’s grant requirements. The tentative schedule is to complete the plan by mid-2026.

Attached are the PSA including the detailed scope of work as well as ERSC’s work proposal.

FISCAL IMPACT:

Contract amount is not to exceed $319,090.00, with a contingency of $31,909.00 (10%) for any additional work as approved by the City, which results in a total budget of $350,999.00.

Funding up to $500,000.00 for this plan is available through the REAP MOU with SCAG. Staff will process reimbursement requests through SCAG in accordance with the MOU once invoices are received from the consultant.

STRATEGIC ALIGNMENT:

This initiative supports the following goals of the City's Strategic Plan:

Goal 3: Downtown District
Revitalize the Downtown Art and Culture District to attract events, promote business development and enrich the art and culture experience for both Desert Hot Springs residents and visitors.

ATTACHMENTS:
1) PSA - PW26-026 Kosmont Companies
Item Number: 9.

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SR-25-250
2) ERSC Proposal
3) ERSC Cost Proposal - Updated
Item Number: 9.

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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC
(ERSC)
This Professional Services Agreement (“Agreement”) is made and entered into this 4TH day of November, 2025, 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 Engineering Resources of Southern California, Inc. (ERSC), a corporation, hereinafter referred to as “Contractor.” RECITALS:

WHEREAS, the City desires to utilize the services of Contractor, as an independent contractor, to provide the City with Downtown Area and Palm drive Corridor Infill Development Sewer Plan (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated by reference as the “Scope of Services”; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES 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
Contractor shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede. Except where this Agreement specifically provides otherwise, the Contractor is responsible for providing any and all facilities, assets, and resources (including personnel, facilities, equipment, and software) necessary and appropriate for delivery of the Services and to meet the Contractor's Item Number: 9.

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obligations under this Agreement. Any City assets to which access is being provided for use by the Contractor (including equipment, software licenses and third party service contracts) are provided on an “as is, where is” basis, and the City does not provide the Contractor any representations or warranties regarding such assets.

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

Section 4. COMPENSATION
The City agrees to pay Contractor for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Contractor agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, an amount not to exceed Three Hundred Nineteen Thousand Ninety Dollars and Zero Cents ($319,090.00)
Section 5. METHOD OF PAYMENT
a. Contractor shall submit invoices to the City, not more often than once a month, describing the work performed. Contractor’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 Contractor 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 Contractor shall submit invoices under this Agreement to:

Daniel Porras, Deputy City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411 x109
E-Mail: [email protected]
Item Number: 9.

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Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Contractor 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. Contractor shall not perform Extra Work without written authorization from the City.

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

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

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without prior written consent of the City, be used by Contractor 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. Contractor will make all reasonable efforts to keep such information confidential and to limit access only to those who require it for performance, Nothing furnished to Contractor that is otherwise known Item Number: 9.

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to Contractor, is generally known in the industry, or has become known to the related industry shall be deemed confidential.

b. Contractor shall not use the City’s insignia or photographs relating to Contractor’s Services, or any publicity pertaining to the Contractor’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. CONTRACTOR’S BOOKS AND RECORDS
a. Contractor 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 Contractor pursuant to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’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 Contractor’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 Contractor, Contractor’s representatives, or Contractor’s successorin-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

OF THE CITY
Contractor 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 Contractor or any of Contractor’s employees, except as herein set forth. Contractor shall be entirely responsible for the compensation and control of any assistants, Item Number: 9.

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employees, and subcontractors used by Contractor in providing said services. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Contractor or by any third person to create the relationship of principal and agent and Contractor 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. Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Contractor 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 CONTRACTOR
a. Contractor represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Contractor or its employees for Contractor to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Contractor 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 Contractor to perform the services described in this Agreement. (6) Contractor 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 and will so instruct its officers, employees and/or agents.
b. The City represents and acknowledges the following:
(1) Contractor is not required to comply with daily instructions from City staff with respect to when, where or how Contractor must perform the services set forth in this Agreement.
(2) Contractor is solely responsible for determining who, under the supervision or direction of Contractor, will perform the services set forth in this Agreement.

Item Number: 9.

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(3) The City will not hire, supervise or pay any assistants working for Contractor pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Contractor must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Contractor to set the hours in which Contractor performs or plans to perform the services set forth in this Agreement subject to hours of access.
(6) Contractor is not required to devote full time to the business operations of the City to perform the services set forth in this Agreement. (7) Contractor 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 Contractor from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Contractor is not required to perform the Services at City-owned property.
(10) Contractor will perform services that are outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542 WAIVER
Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“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.

Contractor further represents and warrants that it understands this waiver and that if it Item Number: 9.

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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. Contractor (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 Contractor’s services hereunder. Contractor 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. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
(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;
(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 Item Number: 9.

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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 Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

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

LICENSES
a. Contractor 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, Contractor 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 Contractor 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 Contractor’s risk until written instructions are received from the City Manager or appropriate City representative.
d. Contractor represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

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

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Section 17. INDEMNIFICATION
a. Contractor shall defend, indemnify and hold harmless the City, its 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 this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officials, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Contractor’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Contractor’s control, or for which Contractor is without fault. d. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor 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.
e. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. f. This Section shall survive termination or expiration of this Agreement.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Contractor, at Contractor’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:

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(1) Worker’s Compensation Coverage. Contractor shall maintain Worker’s Compensation Insurance and Employers’ Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident and for Employers’ Liability Insurance in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. In addition, Contractor shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employers’ Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Contractor pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
(3) Automobile Liability Coverage. Contractor shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Contractor arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Contractor shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Contractor were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.

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(4) Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s Services, whether such Services are performed by Contractor or by its employees, subcontractors, or sub-Contractors, to the extent such persons other than Contractor are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing an A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Contractor may either reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers.

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

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

Section 19. NOTICES
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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: Daniel Porras, Deputy City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
E-Mail: [email protected]
To Contractor: ________________________
________________________
________________________
________________________
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 Item Number: 9.

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above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES
If Contractor 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 Contractor pursuant to this Agreement; c. Retain a different Contractor to complete the Services that are not finished by Contractor.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Contractor 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 all parties.

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Contractor, 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 Contractor under this Agreement will be permitted only with the written consent of the City. b. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the advance written consent of the City. If the City Item Number: 9.

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consents to such subcontract, Contractor shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

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

Section 26. SEVERABILITY
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. In no instance shall the award of costs and expenses under this section exceed the actual costs and expenses of the City.

Section 29. EXECUTION IN COUNTERPARTS
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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
Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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
Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and AIDS); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, 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, Contractor 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
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a. ____________________, shall be Contractor's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Contractor'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 Contractor's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Daniel Porras, shall be the Principal Representative of the City for purposes of communicating with Contractor 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 Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Contractor 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. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Contractor shall not relieve Contractor 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 Contractor.

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 Item Number: 9.

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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, Contractor and any subcontractors shall comply with all 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 Contractor shall survive any such termination.

Section 45. USE OF RECYCLED PRODUCTS
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Contractor 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
_____________________________
Daniel Porras, Deputy City Manager
_____________________________
Doria Wilms, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer Mizrahi, City Attorney

ENGINEERING RESOURCES OF

SOUTHERN CALIFORNIA, INC (ERSC
_____________________________
[Name, Title]
N:\DHSO\0001-01 General\Doc\6051
Item Number: 9.

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EXHIBIT “A”

SCOPE OF SERVICES
Item Number: 9.

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SERVICES PROPOSAL
Downtown Area and Palm Dr.

Corridor Infill Development
Sewer Area Implementation Plan
Submitted: July 28, 2025
Item Number: 9.

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1861 W. Redlands Blvd. | Redlands, CA 92373
(909) 890-1255 | [email protected] | www.erscinc.com
Local Office:
1861 W. Redlands Blvd.

Redlands, CA 92373
(909) 890-1255, [email protected]
Evaluation Period Contact:

Tony Herda, PE
Project Manager
(909) 890-1255 x126
Cell: (626) 660-4837
[email protected]
July 28, 2025
City of Desert Hot Springs
Public Works Department
11999 Palm Drive
Desert Hot Springs, CA 92240
Attn: Daniel Porras, PE
RE: Services Proposal - Downtown Area and Palm Drive Corridor Infill Development Sewer Area Implementation Plan Dear Mr. Porras,
Engineering Resources of Southern California, Inc. (ERSC) is pleased to have the opportunity to submit our proposal to provide professional engineering services to prepare the Downtown Area and Palm Drive Corridor Infill Development Sewer Area Implementation Plan for your consideration.

We acknowledge issuance of the RFP and the Study Area Map via the City’s website on June 24, 2025. To our understanding, no addenda were issued via the City website.

ERSC has assigned Tony Herda, PE, as Project Manager and primary contact person for this project. Tony is highly qualified, having prepared and contributed to dozens of utility master plans throughout Southern California and the western United States. As a water resources engineering consultant, he has over 17 years of experience dedicated to utility planning. In addition, his training and experience in stakeholder facilitation and strategic planning make him uniquely qualified to lead and integrate the public outreach and engineering components of this project. In the public sector, Tony currently serves as Vice President of the Board of Directors for the Jurupa Community Services District. This diverse background gives Tony a unique perspective on the technical, operational, organizational, administrative, and financial aspects of a successful utility implementation plan. He will manage the planning process from a strategic point of view to build confidence in our methods and recommendations as well as alignment and buy-in among the project stakeholders. To assist Tony, ERSC has assembled a qualified project team with expertise in marketing, public outreach, engineering planning, hydraulic modeling, conceptual design, GIS analysis, cost estimating, and grant acquisition.

ERSC understands that the City wants to select the firm that best fits its goals and offers the greatest value. In selecting ERSC, the City will benefit from the following:
• A comprehensive understanding of the Project, from due diligence through delivery, of an implementation plan and supporting ESRI ArcGIS Map Viewer platform.
• An innovative approach to anticipating and facilitating next steps in the implementation process. • A project schedule focused on the critical path with concurrent execution of public outreach and engineering planning allowing appropriate time for review of deliverables by the Project Management Team and discussion with stakeholders. • An experienced and qualified team contributing expertise in public outreach, planning, hydraulic modeling, conceptual design, and finance.
• Strategic use of senior staff to guide the project team, provide quality control of deliverables, and interface efficiently with the City and regional stakeholders.

We look forward to working with the City and thank you for the opportunity to submit a proposal. If you have any questions or require additional information, please contact Tony Herda at (909) 890-1255 x126 or [email protected]. This proposal, and the information and pricing therein, is valid for a term of 90 days from the date of submittal. No individual named in this proposal has a conflict of interest with the City.

Respectfully submitted,
John M. Brudin, PE Tony Herda, PE
President Project Manager
Item Number: 9.

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Table of Contents
1 2
5 6
7 14
23 24
25 26
27 Firm Background, Qualifications, & Experience
References
Staffing & Project Organization
Subcontracting Services
Project Understanding & Approach
Scope of Services
Project Schedule
Disclosures
Acknowledgment of Insurance Requirements
Non-Collusion Affidavit
Appendix
Resumes
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Firm Background,
Qualifications, & Experience
Firm Background
Engineering Resources of Southern California, Inc. (ERSC) was formed in 1996 with the asset purchase of NBS/Lowry, Inc. Since formation, ERSC has been committed to serving Special Districts, Regional Agencies, and Municipalities in Southern California’s public sector. Our team provides a comprehensive set of professional services and solutions for the life of any potential project.

ERSC Qualifications & Experience
Our 29-year service record is a testimony to the quality of services we provide. Many of our clients continue to seek our services, and have done so since our first year of business. ERSC has also developed significant financial resources and organizational efficiencies that allow us to consistently exceed client expectations.

Professional &
General Liability
$5.0m Per Occurrence;
$5.0m Aggregate
Automobile $1.0m Combined Single Limit
Worker’s Comp Maintained as Required by Law
Vital Information ERSC Insurance Coverage Levels
CA Corporation
29 Years in Business
43 Employees
FEIN: 33-0718153
CA DIR: 1000017460
Project Contact
Anthony Herda, PE
Project Manager
Phone: (909) 890-1255
Fax: (909) 890-0995
[email protected]
Corporate Officers
John M. Brudin, PE - President
Moe Ahmadi, PE - Vice President
Trent Brudin, PE - Secretary
Craig Brudin - Treasurer
Our Locations
San Bernardino County
(Headquarters)
1861 W. Redlands Blvd.

Redlands, CA 92373
Southwest Riverside County
41593 Winchester Rd., Ste. 200
Temecula, CA 92590
Coachella Valley
77-564 Country Club Dr.

Palm Desert, CA 92211
R
T
P
ERSC Values
At ERSC, we have a clear set of values, and we build those values into everything we do. Each value is expressed as both an inwardlooking statement based on a shared commitment to each other and an outward-looking statement based on how our clients view the commitment we make to our communities. This alignment between internal and external value statements captures how we approach our work and the impact our work has on developing comprehensive and sustainable engineering solutions that enable communities to thrive.

Trust
Our clients trust our proficiency
and the quality of our work.

Our team trusts that their best interests
are part of every decision we make.

Our clients benefit from sustainable
engineering solutions and commitment
to ongoing professional development.

Our team is proud to be here and personally
invested in our quest for excellence.

Responsiveness Excellence
Our clients can depend on our experts to be
accessible, prompt, and collaborative.

Our team can depend on leadership to be
accessible, supportive, and collaborative.

Partnership
Listening to each client’s vision is
essential to the solutions we provide.

Our team is empowered, and
their voices are heard.

Respect
Mutual respect is a foundation
of our daily interactions.

We value and appreciate each team member for who they are and what they contribute.

ERSC and Water Resources Engineering
ERSC was founded on the premise of water and wastewater engineering services. Our firm’s first clients were local water agencies. Many of those same agencies are still ERSC clients 29 years later. Our services in the water and wastewater disciplines have included not only design but also planning, construction management, inspection, permitting, and independent plan review for clients throughout the region. ERSC staff have successfully assisted water districts in planning, designing, and inspecting hundreds of water and wastewater projects within the past quarter century. Given our experience with water districts, ERSC maintains a thorough understanding of the standards and procedures and pertinent regulations and requirements of state and federal agencies and local utility purveyors. 1 Item Number: 9.

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References
Under a single Engineering Services Agreement for Water and Sewer Capital Improvement Projects, ERSC is providing the design services for the following active projects:

Sewer Capacity Improvement Project C-1
Project scope includes the upgrade of 3,022 feet to 15-inch pipe from existing 10-inch pipe. The project intends to allow additional capacity to the sewer system to allow and account for increased commercial and industrial development in this part of the City. The project is generally located in an industrial area around Hesperia Road and Nisqualli Road and generally has impacts on several distribution sites as well as some retail/gas stations.

The existing line runs beneath a City owned railroad spur line. ERSC coordinated with the City for preferences on how to propose installing the new line. A jack and bore operation was determined to best suit the scenario and was included in the design.

Sewer Capacity Improvement Project C-2
Project scope includes the upgrade of 1,748 feet to 15-Inch pipe from existing 8-inch pipe. The project is generally located in a residential area and crosses an existing golf course. The project is also contiguous to City sewer project C3 as well as a portion of the Structural Sewer Rehabilitation Project. This was important to note because turned out to be beneficial to include both items of work in the same project/contract. The C-2 project generally took place in easements, and only has impacts on a small segment of La Paz Drive as well as Arrowhead Drive. ERSC was able to coordinate with the City during design and make adjustments to the alignment and profile to avoid adjacent properties and an existing drainage course.

Sewer Capacity Improvement Project C-3
Project scope includes upgrade of 6,550 of 18-inch pipe upgraded from 12-inch pipe. The project is generally located in residential areas and crosses a park in an easement. The City of Victorville has identified the potential to construct a new sewer main in the San Bernardino County Flood Control District’s (SBFCD) access road, next to the Oro Grande Wash from Hughes Road to Seneca Road. This relocation eliminates a series of existing lines that traverse several properties, which requires the abandonment of any existing easements. This requires coordination with several residences, and the new alignment will require coordination with SBFCD and their approval. Following contact with SBFCD, ERSC coordinated with the City and made several adjustments to the design. ERSC was directed by SBFCD to reach out to CDFW, RWQCB, and ACOE on portions of the project in the County R/W. ERSC submitted a biological assessment and jurisdictional delineation report to CDFW at their request. ERSC will proceed accordingly as the project progresses, while keeping the in consideration the City’s best interest.

C1, C2, AND C3 SEWER REPLACEMENT PROJECTS, CITY OF

VICTORVILLE, CA
Project Term: 2017-22 | Contract Value: $405,796
ERSC Project Team:

John M. Brudin, PE
Moe Ahmadi, PE
Reza Toorzani, PE
Isaac Gomez
Victor J. Fajardo, PE
(760) 243-6311
[email protected]
ERSC was contracted to collaborate with the District Staff to restructure the PS&Es to the updated SRRRA format, process encroachment permits and environmental clearances, and update existing approved drawings. The primary intent was to address new Districtprovided comments and reformat drawing set details to ensure constructability. This work was an update to the Murrieta Inverted Sewer Siphon Project, which upgraded an existing 8-inch sewer siphon and was originally facilitated and administered by Western Municipal Water District (WMWD).

LEMON STREET SEWER REPLACEMENT REDESIGN, RANCHO

CALIFORNIA WATER DISTRICT, MURRIETA, CA
Project Term: 2022-24 | Contract Value: $39,970
ERSC Project Team:

John M. Brudin, PE Craig Brudin, QSP
Robert Avera , PE,
Principal Engineer
(951) 296-3600
[email protected]
Proposed project manager Tony Herda facilitated preparation of the strategic plan including diagnosing the organizational capacity of the water company in terms of leadership, vision, planning, opportunity, partnering and energy. Participants included shareholders and representatives from management, engineering and operations.

STRATEGIC PLAN, SAN ANTONIO WATER COMPANY, REDLANDS, CA Project Term: 2014-15 | Contract Value: $50,000
ERSC Project Team:

Tony Herda, PE
Teri Layton
Asst. General Manager
(909) 982-4107
[email protected]
2 Item Number: 9.

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Desert Hot Springs City CouncilNovember 4, 2025

Desert Hot Springs City Council
November 4, 2025