City Council

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, September 20, 2022 4:30 PM - Closed Session 5:00 PM - Presentations 6:00 PM - Regular Session Watch the Meeting Live: Council Chambers/City Hall • YouTube 11-999 Palm Drive • City Website Desert Hot Springs, California, 92240 Page CLOSED SESSION - 4:30 P.M. CALL TO ORDER ROLL CALL PUBLIC COMMENTS At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD. CLOSED SESSION: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8: Property: 639-093-030 Agency Negotiator: Luke Rainey, City Manager Daniel Porras, Assistant City Manager Jennifer Mizrahi, City Attorney Lynn Coker, Broker Negotiating Parties: Young Ae Woo and the City of Desert Hot Springs Under Negotiation: Price and Terms 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case RECESS Page 1 of 46  PRESENTATIONS - 5:00 P.M. Service Recognition for Detective Eddie Cole Certificates of Recognition Presented to Kihon MMA REGULAR SESSION - 6:00 P.M. CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE CITY ATTORNEY REPORT ON CLOSED SESSION APPROVAL OF AGENDA At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items. Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted. PUBLIC COMMENTS At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda. Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments. Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD. CITY MANAGER REPORT MAYOR AND COUNCIL MEMBER REPORTS ADMINISTRATIVE CALENDAR: 3. Reimbursement Agreement with Palm Springs Unified School 5 - 15 District for School Resource Officer (SRO) Services at Desert Hot Springs High School Jim Henson, Chief of Police Page 2 of 46  Recommendation: Authorize the City Manager to execute a two-year Reimbursement Agreement with the Palm Springs Unified School District for the City to provide a School Resource Officer in an amount not to exceed $251,438.33, with any substantive changes, except for price, to be negotiated by the City Manager. Staff Report - SR-22-200 - Pdf 4. An Ordinance Amending Section 8.28.030 of Chapter 8.28 17 - 24 "Fireworks" of the Desert Hot Springs Municipal Code Erick Becerril, Community Development Director Recommendation: Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code." Staff Report - SR-22-211 - Pdf 5. Conflict of Interest Code Biennial Review and Update 25 - 31 Jerryl Soriano, City Clerk Recommendation: Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code. Staff Report - SR-22-210 - Pdf 6. Fiscal Year 2022-2023 Appropriations (Gann) Limit 33 - 39 Geoffrey Buchheim, Administrative Services Director Recommendation: Adopt a Resolution of the City Council for the Fiscal Year 2022-2023 Appropriations Limit as required by Article XIIIB of the California State Constitution. Staff Report - SR-22-213 - 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. 7. City Council Regular Meeting Minutes: September 6, 2022 41 - 46 Jerryl Soriano, City Clerk Recommendation: Approve the Minutes as presented; or as corrected. Staff Report - SR-22-212 - Pdf Page 3 of 46  PUBLIC COMMENTS Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD. ADJOURN UPCOMING MEETING DATES *Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information. October 4 City Council Regular Meeting 6:00 p.m. October 11 Planning Commission 6:00 p.m. October 13 Public Safety Commission 6:00 p.m. October 18 City Council Regular Meeting 6:00 p.m. ________________________________________________________________________________________ NOTICES In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240. Americans with Disabilities Act In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements. Page 4 of 46  City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: September 20, 2022 Department: Police Department Prepared by: Jim Henson, Police Chief Subject: Reimbursement Agreement with Palm Springs Unified School District for School Resource Officer (SRO) Services at Desert Hot Springs High School RECOMMENDATION: Authorize the City Manager to execute a two-year Reimbursement Agreement with the Palm Springs Unified School District for the City to provide a School Resource Officer in an amount not to exceed $251,438.33, with any substantive changes, except for price, to be negotiated by the City Manager. BACKGROUND: The City of Desert Hot Springs and the Palm Springs Unified School District (PSUSD) have enjoyed a close working relationship. As part of that relationship, the School Resource Officer program has provided benefits to both the district and the city. The School Resource Officer assists campus security with ensuring the safety of the students. The School Resource Officer also is available to attend special school events / functions as needed. DISCUSSION: Annually, the City and PSUSD enter into an agreement for the School Resource Officer (SRO) services at Desert Hot Springs High School. This agreement requires the City to provide an SRO from the Desert Hot Springs Police Department. The term of this agreement is for two years, from the date of agreement to June 07, 2024 (unless sooner terminated as provided in Section 16 of the Service Agreement). In exchange for the services, the PSUSD agrees to reimburse the City for the salary and benefits of the police officer assigned to perform the services. FISCAL IMPACT: Estimated revenues were programmed from the Palm Springs Unified School District in the FY 22/23 and 23/24 Annual Operating Budget to cover the cost of one police officer at Desert Hot Springs High School for approximately ten months each year. ATTACHMENTS: Exhibit 1 - PSUSD SRO Contract SR-22-200 Item Number: 3. Page 5 of 46 Item Number: 3. Page 6 of 46 Item Number: 3. Page 7 of 46 Item Number: 3. Page 8 of 46 Item Number: 3. Page 9 of 46 Item Number: 3. Page 10 of 46 Item Number: 3. Page 11 of 46 Item Number: 3. Page 12 of 46 Item Number: 3. Page 13 of 46 Item Number: 3. Page 14 of 46 Item Number: 3. Page 15 of 46 Page 16 of 46  City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: September 20, 2022 Department: Community Development Prepared by: Erick Becerril, Community Development Director Subject: An Ordinance Amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code RECOMMENDATION: Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code." BACKGROUND: The City of Desert Hot Springs Staff processes applications to operate legal fireworks stands within the City limits. Each year Staff reviews the issuance of fireworks stand permits and issues the approved amount, set forth and approved by City Council. DISCUSSION: Over the last few years, Staff has been receiving five (5) applications for fireworks stands, which have been approved by the City Council. Currently, Chapter 8.28 of the Desert Hot Springs Municipal Code allows for the issuance of four (4) fireworks stands. To accomodate the previously approved applications, while allowing for a potential additional non-profit organization to participate, Staff is proposing to amend Title 8 of the DHSMC by to allow for up to six (6) fireworks stands. Also, Staff is proposing to assign the City Manager or designee to review fireworks stand applications. 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: Exhibit 1 - Draft Fireworks Ordinance SR-22-211 Item Number: 4. Page 17 of 46  SR-22-211 Item Number: 4. Page 18 of 46  ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, AMENDING SECTION 8.28.030 OF CHAPTER 8.28 “FIREWORKS” OF THE CITY OF DESERT HOT SPRINGS MUNICIPAL CODE WHEREAS, the City of Desert Hot Springs Municipal Code (“DHSMC”) states that “safe and sane” fireworks, as defined by Section 12529 of the California Health and Safety Code, may be sold and discharged within the City of Desert Hot Springs (“City”) pursuant to the provisions of Chapter 8.28 of the DHSMC; and WHEREAS, DHSMC Section 8.28.030 currently sets forth the procedures to obtain a permit to sell safe and sane fireworks; and WHEREAS, this Ordinance clarifies those procedures allowing the City Manager, or his/her designee, to review the process; and WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AS FOLLOWS: Section 1. RECITALS The above recitals are true and correct and are incorporated herein by this reference. Section 2. AMENDMENT OF SECTION 8.28.030 of CHAPTER 8.28 “FIREWORKS” Section 8.28.030 shall be amended to read as follows: 8.28.030 Permits required to sell safe and sane fireworks. No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received the following permits: A. Permits Required. Item Number: 4. Page 19 of 46  1. Fireworks Program Permit. No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received a fireworks program permit issued by the City’s Fire Department. 2. Fireworks Safety Permit. No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received a fireworks safety permit issued by the City’s Fire Department. 3. No permit shall be issued to any organization not qualified under the provisions of this chapter. B. Permit Fees. 1. The cost of the fireworks program permit fee shall be established by resolution of the City Council and shall be no less than $500 per permit. Proceeds of said fee shall be used to defray the City’s inspection, enforcement, public education and clean up costs for the fireworks program. 2. The cost of the fireworks safety permit fee shall be no less than $100, as established by resolution of the City Council. Proceeds of said fee shall be used to defray the City’s costs for compliance with applicable laws and regulations pertaining to the sale and storage of fireworks. 3. In the case of a joint venture, as permitted under Section 8.28.040(E), only one fireworks program permit and/or one fireworks safety permit fee shall be required to be paid. C. Zoning Restrictions. Each fireworks stand must be on private property located in a commercial or industrial zone and may include vacant lots or otherwise unimproved real property. D. Permit Application Process. 1. An application for a fireworks program permit and an application for a fireworks safety permit (collectively, “fireworks permits”) shall be submitted together, on forms provided by the City’s Fire Department. 2. Applications for fireworks permits shall include a detailed and specific description of the operation of and the location of the proposed site for a fireworks stand and shall identify whether the proposed site is to be located on improved or unimproved private property. The Fire Marshal or designee shall have the sole discretion to approve the proposed site for a fireworks stand in accordance with applicable safety requirements and the requirements for a fireworks stand set forth in this chapter. The Fire Marshal or designee shall have the sole discretion to impose mitigation measures Item Number: 4. Page 20 of 46 on an applicant based on site access, dust control, or any other fire or life safety considerations. 3. Applicants for fireworks permits that propose a site for a fireworks stand on unimproved private property shall comply with Desert Hot Springs Municipal Code Chapter 15.84, titled “Control of (PM10) Fugitive Dust Emissions” and any other applicable City regulations, by submitting to the City a PM10 plan for fugitive dust mitigation measures and by submitting to the City the applicable administrative review fees for said plan. Applicants for fireworks permits shall submit a City-approved PM10 plan for fugitive dust mitigation measures to the City’s Fire Department, together with the application for fireworks permits. 4. Applications for fireworks permits shall be accompanied by the following: a. A nonrefundable application fee of $100 which shall be used to defray the administrative costs of processing the permit application; b. A City-approved PM10 plan for fugitive dust mitigation measures if the proposed site for a fireworks stand is to be located on unimproved private property; c. Payment, in full, of the fireworks program permit fee and the fireworks safety permit fee; d. Written permission of the owner of record and lessee, if applicable, where the stand is to be located which provides the owner’s and lessee’s consent to the construction and operation of a fireworks stand at said location; e. Written assurance that, if the fireworks permits are issued to applicant, applicant shall, at the time of receipt of the permits, deliver to the City’s Fire Department, $1,000,000 public liability and $1,000,000 property damage insurance certificates designating the City as an additional insured there under, and a certified copy of the requisite license from the State Fire Marshal; f. Bylaws and other written evidence of the organization’s tax exempt status; and g. A cash deposit, certificate of deposit or a surety bond made payable to the City in the amount of $150 to assure compliance with the provisions of this chapter. Such deposit, certificate, or bond shall be refundable immediately to those applicants who are denied issuance of fireworks permits. Deposits, certificates, or bonds shall be refunded to applicants who are issued fireworks permits upon compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of Item Number: 4. Page 21 of 46 the stand and the cleaning up of the site. In the event the permitted applicant/organization does not so comply or remove the stand or clean up the site to the Fire Marshal’s or designee’s reasonable satisfaction, the City may remove the stand and/or clean the site, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the permitted applicant/organization and its surety and the deposit, certificate or bond. 5. Applications for fireworks permits must be submitted between the 30th day of March and the sixth day of April of each year, except that for the year 2009, applications must be submitted no later than June 10, 2009. 6. Applications for fireworks permits shall be reviewed for compliance with this chapter by a committee consisting of one representative from the Fire Department, one representative from the City’s Finance Department and one representative from the City Manager’s Office (“Fireworks Committee”) the City Manager, or his/her designee. All applications for the fireworks permits approved by the Fireworks Committee City Manager, or his/her designee, shall be forwarded to the City Council for consideration and approval by resolution, together with the Fireworks Committee City Manager, or his/her designee, report of its findings and recommendations. 7. Each calendar year, the City Council may issue up to SIX (6) fireworks permits. 8. Notice of Grant or Denial. Applicants for fireworks permits shall be notified of the acceptance or rejection of the applications for said permits by the City’s Fireworks Committee City Manager, or his/her designee within ten days of the City Council’s decision on the applications, but no later than the second regular City Council meeting scheduled in the month of May. 9. Refund of Fees. Any applicant whose application was rejected by the City shall be entitled to a full refund of the fireworks program permit and the fireworks safety permit fees. 10. Unclaimed Permits. In the event that any fireworks permits issued by the City Council go unclaimed, the Fireworks Chief City Manager, or his/her designee may randomly select from the pool of the applications for fireworks permits that were submitted to but not approved by the City Council and may issue fireworks permits to the randomly selected organization(s) specified in subsection (D)(7) of this section. E. Firework permits are not transferable. F. Only one set of fireworks permits shall be issued per organization IRS identification number, even in the case of a joint venture as permitted by Item Number: 4. Page 22 of 46 Section 8.28.040(E). The organization providing the IRS identification number shall be primarily responsible to the City for any breach of law or act of negligence. The other organization in the joint venture is not, because of this provision, relieved of any liability to the City. G. The cash deposit, certificate of deposit or surety bond made payable to the City in the amount of $150 shall be refunded to the permittee pursuant to subsection (D)(4)(g) of this section. (Prior code § 101.03) Section 3. 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 4. 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 5. AMENDING OF BAIL SCHEDULE The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. Section 6. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after its second reading. Section 7. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. [END OF PAGE] Item Number: 4. Page 23 of 46 PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ________, 2022 by the following vote: Ayes: Noes: Abstain: Absent: _______________________________ Scott Matas, Mayor ATTEST: ____________________________________ Jerryl Soriano, City Clerk APPROVED AS TO FORM: ____________________________________ Jennifer Mizrahi, City Attorney https://streamkim.sharepoint.com/sites/ZDrive/Shared Documents/data/004 DHS/DHSO/0001-01 General/Doc/5096-DHSO- Fireworks Ordinance (06.16.16) ENTIRE CHAPTER - Copy.docx Item Number: 4. Page 24 of 46  City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: September 20, 2022 Department: City Clerk Prepared by: Jerryl Soriano, City Clerk Subject: Conflict of Interest Code Biennial Review and Update RECOMMENDATION: Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code. BACKGROUND: The purpose of the Political Reform Act (Government Code Sections 81000 et seq.) is to prevent conflicts of interest through disclosure and disqualification. To facilitate this purpose, the Political Reform Act (the “Act”) requires that certain public officials and employees disclose their personal financial interests: 1) upon assuming office, 2) annually while serving in office, and 3) again upon leaving office. Disclosure is made on a form called a "Statement of Economic Interests" (FPPC Form 700). Filed forms are public documents that must be made available to anyone who requests them. The City Clerk is the designated Filing Official for the City. The following positions are required to file a Form 700 pursuant to Government Code § 87200, and are not governed by the City’s Conflict of Interest Code. The positions are listed below for informational purposes only. • Mayor and City Council • Planning Commissioners • City Manager • City Treasurer • City Attorney • Consultants employed by the City to manage public investments In addition to the above-referenced positions, the Act mandates that local agencies adopt a Conflict of Interest Code that designates certain officials and employees who are also required to file Form 700s because they could foreseeably make or participate in making governmental decisions that could affect their personal financial interests. The Act requires that Conflict of Interest Codes establish disclosure categories for each designated position that tailors the disclosure requirements for each position to the types of governmental decisions a person holding that position could make. SR-22-210 Item Number: 5. Page 25 of 46  DISCUSSION: The Act requires all local government agencies to review their Conflict of Interest Code biennially, in even years, to determine if updates are needed. Accordingly, the City has reviewed the City’s existing Conflict of Interest Code and has prepared an updated Conflict of Interest Code as set forth in the attached resolution (Exhibit 1). The resolution reflects the following positions that are required to file a Form 700. FISCAL IMPACT: None. ATTACHMENTS: Exhibit 1 - Conflict of Interest Code Update Resolution SR-22-210 Item Number: 5. Page 26 of 46  RESOLUTION NO. 2022-_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AMENDING THE CITY’S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act of 1974 (Government Code sections 81000 et seq., the “Act”) and regulations promulgated thereunder require the City adopt a conflict of interest code and update the same on a biennial basis; and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation (Section 18730 of Title 2 of the California Code of Regulations) containing a standardized conflict of interest code (“Model Code”) which, if adopted by the City and incorporated by reference along with a designation of employees required to disclose interests (Appendix “A”) and disclosure categories (Appendix “B”), will constitute the conflict of interest code required by the Act; and WHEREAS, the City Council desires to reaffirm its adoption of the Model Code by reference; and WHEREAS, the City Council desires to make changes to Appendix “A” to reflect changed circumstances, such as the creation or abolition of positions and the reassignment of duties; and WHEREAS, the City Council desires to reaffirm the disclosure categories set forth at Appendix “B”. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS: Section 1. RECITALS That the recitals set forth above are true and correct. Section 2. CODE ADOPTION That the terms of the Model Code set forth in Regulation 18730 of Title 2 of the California Code of Regulations and any amendments to it duly adopted by the FPPC, together with attached Appendix “A” in which officials and employees are designated as filers and attached Appendix “B” in which disclosure categories are described, are hereby incorporated by this reference and shall together constitute the Conflict of Interest Code for the City of Desert Hot Springs (“Conflict of Interest Code”). Section 3. FILING OFFICER That the City Clerk is designated as the Filing Official for the City of Desert Hot Springs and shall perform the duties of Filing Official. Item Number: 5. Page 27 of 46  Section 4. REQUIRED FILERS That the positions designated in this section are required to file Statements of Economic Interest pursuant to Government Code Section 87200, and are not governed by the Conflict of Interest Code. The positions are listed herein for informational purposes only: (a) Mayor (b) City Council (c) Planning Commissioners (d) City Manager (e) City Treasurer (f) City Attorney (g) Consultants employed by the City to manage public investments Section 5. DESIGNATED FILERS That “Appendix A” identifies each designated position required to file a Statement of Economic Interest (FPPC Form 700) because the position is charged with making or participating in governmental decisions. Persons employed in the designated positions (“Designated Filers”) shall file the original of their FPPC Form 700 with the Filing Officer, who shall retain the originals. Section 6. RESCINDED AND SUPERSEDED PROVISIONS That all previously adopted conflict of interest provisions and appendices relating to the contents of the Conflict of Interest Code are hereby rescinded and superseded. Section 7. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect. Section 8. EFFECTIVE DATE That this Resolution shall take effect upon its adoption. Section 9. CERTIFICATION That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. Item Number: 5. Page 28 of 46  PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 20th day of September, 2022, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: APPROVED: _______________________________ _____________________________ Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor APPROVED AS TO FORM: _______________________________ Jennifer Mizrahi, City Attorney Item Number: 5. Page 29 of 46  APPENDIX “A” Designated Filers Disclosure Position Department Category 1 Administrative Services Director A Administrative Services 2 Assistant City Attorney A City Attorney 3 Assistant City Manager A City Manager 4 Associate Engineer A Public Works 5 Building Official A Community Development 6 City Clerk A City Clerk 7 City Engineer A Public Works 8 Communications Manager A Police 9 Community Development Director A Community Development 10 Compliance Manager A Code & Cannabis Compliance 11 Consultants* A N/A 12 Deputy City Attorney A City Attorney 13 Deputy City Manager A City Manager 14 Deputy Police Chief A Police 15 Finance Manager A Administrative Services 16 Human Resources Manager A Administrative Services 17 Information Technology Manager A Administrative Services 18 Management Analyst A Various 19 Members of the Public Safety Commission A N/A 20 Police Chief A Police 21 Police Commander A Police 22 Principal Planner A Community Development 23 Public Works Director A Public Works 24 Recreation & Community Services Director A Recreation & Community Services 25 Support Services Manager A Police *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and locations as this Conflict of Interest Code. Disclosure Category A: Full disclosure is required for all Designated Filers. Full disclosure includes all interest in real property located within the City of Desert Hot Springs, as well as investments, business positions and sources of income, including gifts, loans and travel payments. Designated Filers shall complete all schedules on the FPPC Form 700. Item Number: 5. Page 30 of 46  APPENDIX “B” Disclosure Categories Full disclosure is required for all Designated Filers. Full disclosure includes all interest in real property located within the City of Desert Hot Springs, as well as investments, business positions and sources of income, including gifts, loans and travel payments. Designated Filers shall complete all schedules on the FPPC Form 700. Item Number: 5. Page 31 of 46 Page 32 of 46  City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: September 20, 2022 Department: Administrative Services Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Fiscal Year 2022-2023 Appropriations (Gann) Limit RECOMMENDATION: Adopt a Resolution of the City Council for the Fiscal Year 2022-2023 Appropriations Limit as required by Article XIIIB of the California State Constitution. DISCUSSION: In California, the Gann Spending Limitation Initiative (Proposition 4) was approved by voters in 1979. This Proposition set Appropriations Limits for state and local governments in California and established procedures for determining those limits annually. Each government entity is required to set its Appropriations Limit each fiscal year with 1978-1979 as the base year. Each subsequent year is modified by using a combination of population change and cost of living adjustment (CPI). The Fiscal Year 2022-2023 Appropriations Limit is $40,289,946. FISCAL IMPACT: None ATTACHMENTS: Exhibit 1 - Resolution for Gann Limit for FY22-23 Exhibit 1A - 2022-2023 Appropriations (GANN) Limit SR-22-213 Item Number: 6. Page 33 of 46  RESOLUTION NO. 2022-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-2023 WHEREAS, on November 6, 1979 California voters passed Proposition 4, the Gann Spending Limitation Initiative, thereby enacting Article XIIIB of the California Constitution, and providing the basis for the California legislature to adopt California Government Code §7900 et. seq.; and, WHEREAS, California Government Code §7910 requires the governing body of each city, at a regularly scheduled meeting or noticed special meeting, to establish by resolution its appropriations limit for the following fiscal year; and WHEREAS, the operating budget for fiscal year 2022-23 contains the estimates of the services, activities, projects, expenditure requirements, and resources available to the City, and is made available for public inspection in the Office of the City Clerk; and, WHEREAS, the City’s Administrative Services Department has prepared calculations and documentation required for, and to be used in, the determination of certain matters including the establishment of an appropriations limit for the City’s fiscal year 2022-23 (“Data and Documentation”); and, WHEREAS, the City Council has considered the Data and Documentation a regularly scheduled meeting of the City Council and made such determinations as may be required by law; and, WHEREAS, the appropriations limit for the City for fiscal year 2022-23 has been calculated by staff, based on the change factor allowed by Proposition 111 and other applicable law, to be $40,289,946, and the total annual appropriations subject to such limitation for fiscal year 2022-23 has been calculated to be $23,613,378. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES HEREBY RESOLVES, DECLARES, DETERMINES, AND ORDERS AS FOLLOWS: Section 1. Recitals That the recitals set forth above are true and correct. Section 2. Establishment of Fiscal Year 2022-2023 Appropriations Limit A. That $40,289,946 is hereby established as the appropriations limit for the City of Desert Hot Springs for Fiscal year 2022-23. Item Number: 6. Page 34 of 46  B. That the findings and methods of calculation setting forth the proceeds of tax calculation and setting forth the appropriations limit calculation, both in Exhibit A, are hereby adopted. C. That the City reserves the right to revise the factors associated with the calculation of the appropriations limit if such changes or revisions would result in a more advantageous appropriations limit in the future. Section 3. Severability That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect. Section 4. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed. Section 5. Effective Date That this Resolution shall take effect upon its adoption. Section 6. Certification That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Item Number: 6. Page 35 of 46  PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs on this ____ day of ____, 2022 by the following vote: AYES: NAYS: ABSENT: ATTEST: APPROVED: Jerryl Soriano, Deputy City Clerk Scott Matas, Mayor APPROVED AS TO FORM: Jennifer Mizrahi, City Attorney Item Number: 6. Page 36 of 46  PAGE 1 CITY OF DESERT HOT SPRINGS APPROPRIATIONS (GANN) LIMIT PROCEEDS OF TAX CALCULATION FISCAL YEAR 2022-2023 BUDGETED BUDGETED PROCEEDS NON-PROCEEDS TOTAL REVENUE SOURCE OF TAX OF TAX REVENUE TAXES Property (1) $ 4,117,505 $ 4,117,505 Sales (2) $ 11,426,945 $ 11,426,945 Recycling Franchise Fees (3) $ 163,200 $ 163,200 Motor Vehicle In-Lieu (4) $ 2,910,871 $ 2,910,871 Business Gross Receipts (5) $ 180,000 $ 180,000 Utility Users (6) $ 2,567,174 $ 2,567,174 Other Taxes (7) $ 2,210,000 $ 2,210,000 FEES Development Fees (A) $ 2,541,000 $ 2,541,000 Franchise (B) $ 1,851,284 $ 1,851,284 Other Fees, Permits & Licenses (C) $ 113,000 $ 113,000 Fines & Forfeitures (D) $ 328,000 $ 328,000 Administrative Charges (E) $ 425,000 $ 425,000 Intergovernmental (F) $ 1,969,984 $ 1,969,984 Miscellaneous (G) $ 477,607 $ 477,607 Total $ 23,575,695 $ 7,705,875 $ 31,281,570 % of Total 75.37% 24.63% 100.00% Allocation of Interest (I) $ 37,683 $ 12,317 $ 50,000 Adjusted Total $ 23,613,378 $ 7,718,192 $ 31,331,570 Item Number: 6. Page 37 of 46  PAGE 2 CITY OF DESERT HOT SPRINGS APPROPRIATIONS (GANN) LIMIT CALCULATION FISCAL YEAR 2022-2023 APPROPRIATIONS SUBJECT TO THE LIMIT FY 2022-2023 Total Revenue $ 31,331,570 Less Non-Proceeds of Tax $ 7,718,192 A) Total Appropriations Subject to the Limit $ 23,613,378 APPROPRIATIONS LIMIT B) FY 2021-2022 Appropriations Limit $ 37,433,751 C) Change Factor % Change Factor Cost of Living Adjustment - CPI 7.55 1.0755 Population Adjustment - PA 0.07 1.0007 Change Factor (CPI x PA) 1.0763 D) Increase (decrease) in Appropriations Limit $ 2,856,195 E) FY 2022-2023 Appropriations Limit (B x C) $ 40,289,946 REMAINING APPROPRIATIONS CAPACITY (E - A) $ 16,676,568 Remaining Capacity as Percent of the FY 2022-2023 41.39% Appropriations Limit Item Number: 6. Page 38 of 46  PAGE 3 CITY OF DESERT HOT SPRINGS SUMMARY OF ANNUAL APPROPRIATION (GANN) LIMITS COST OF POPULATION APPROPRIATIONS FISCAL LIVING LIMIT APPROPRIATIONS SUBJECT TO REMAINING YEAR CHANGE CHANGE LIMIT LIMIT CAPACITY 2007-2008 4.42% 6.23% $ 20,072,894 $ 7,955,785 $ 12,117,109 2008-2009 4.29% 4.66% $ 21,909,564 $ 7,685,367 $ 14,224,197 2009-2010 0.62% 2.36% $ 22,564,660 $ 8,567,083 $ 13,997,577 2010-2011 -2.54% 0.85% $ 22,178,805 $ 8,272,160 $ 13,906,645 2011-2012 2.51% 5.92% $ 24,081,746 $ 9,018,910 $ 15,062,836 2012-2013 3.77% 1.32% $ 25,319,548 $ 9,122,718 $ 16,196,830 2013-2014 5.12% 0.39% $ 26,719,719 $ 9,846,780 $ 16,872,939 2014-2015 -0.23% 0.60% $ 26,818,582 $ 9,714,316 $ 17,104,266 2015-2016 3.82% 0.53% $ 27,990,554 $ 9,804,713 $ 18,185,841 2016-2017 5.37% 0.88% $ 29,753,959 $ 10,402,937 $ 19,351,022 2017-2018 3.69% 0.78% $ 31,092,887 $ 10,876,926 $ 20,215,961 2018-2019 3.67% 1.35% $ 32,669,296 $ 14,332,218 $ 18,337,079 2019-2020 3.85% 0.51% $ 34,100,211 $ 14,638,188 $ 19,462,023 2020-2021 3.73% -0.08% $ 35,344,869 $ 17,179,499 $ 18,165,370 2021-2022 5.73% 0.17% $ 37,433,751 $ 22,131,517 $ 15,302,234 2022-2023 7.55% 0.07% $ 40,289,946 $ 23,613,378 $ 16,676,568 Item Number: 6. Page 39 of 46 Page 40 of 46 City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: September 20, 2022 Department: City Clerk Prepared by: Jerryl Soriano, City Clerk Subject: City Council Regular Meeting Minutes: September 6, 2022 RECOMMENDATION: Approve the Minutes as presented; or as corrected. ATTACHMENTS: Draft City Council Regular Meeting Minutes - September 6, 2022 SR-22-212 Item Number: 7. Page 41 of 46 City of Desert Hot Springs DRAFT ACTION MINUTES City Council Meeting 6:00 PM - Tuesday, September 6, 2022 Council Chambers CLOSED SESSION - 4:30 P.M. CALL TO ORDER Mayor Matas called the Closed Session to order at 4:30 P.M. ROLL CALL Present: Council Members: Russell Betts, Roger Nuñez, Jan Pye Mayor Pro Tem: Gary Gardner Mayor: Scott Matas PUBLIC COMMENTS None. Jennifer Mizrahi, City Attorney, announced the Closed Session items. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Joseph Miner. v. City of Desert Hot Springs, et al.; US District Court, Central District; Case No. 8:22 CV-01043 CAS MAA 3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: City of Desert Hot Springs v. Renato De La Rosa et. al.; PSC1802371 Item Number: 7. Page 42 of 46 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: Southern California Edison v. California State Board of Equalization, et al Orange County Superior Court, Case Number 30-2020- 01258109-CU-MC-CJC PRESENTATIONS - 5:30 P.M. Proclamation Presented to First Community Baptist Church Recognizing Their 75th Anniversary Mayor Matas and the City Council presented a Proclamation to the First Community Baptist Church in recognition of their 75th Anniversary. Coachella Valley Rescue Mission Presentation Scott Wolf, Development Director, and Kimberly McKinney, Grants Administrator, presented an overview of the services offered by the Coachella Valley Rescue Mission and responded to questions. REGULAR SESSION - 6:00 P.M. CALL TO ORDER Mayor Matas called the Regular Session to order at 6:00 P.M. ROLL CALL Present: Council Members: Russell Betts, Roger Nuñez, Jan Pye Mayor Pro Tem: Gary Gardner Mayor: Scott Matas INVOCATION Pastor James Baylark gave the Invocation. PLEDGE OF ALLEGIANCE Mayor Pro Tem Gardner led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION Jennifer Mizrahi, City Attorney, advised that there was no reportable action. City Council SeptemberItem Number: 7. 6,Page 202243 of 46 APPROVAL OF AGENDA ACTION: Approve the September 6, 2022 Regular Meeting agenda and approve the Consent Calendar in its entirety. Moved by Council Member Nuñez Seconded by Mayor Pro Tem Gardner Carried 5-0 by the following votes: AYES: Betts, Nuñez, Pye, Gardner, and Matas PUBLIC COMMENTS 1) Jennifer Shannon announced the Fall Festival event at the Miracle Springs Resort & Spa and Desert Hot Springs Spa Hotel. 2) Roberta Rodriguez spoke regarding the John H. Furbee Aquatics Center. 3) Dr. Rainbow Casey spoke regarding the John H. Furbee Aquatics Center. 4) Emory Lesco spoke regarding the Fall Festival event at the Miracle Springs Resort & Spa and Desert Hot Springs Spa Hotel. 5) Tom Moen stated that the Desert Hot Springs Spa Hotel would be celebrating their 43rd anniversary; and expressed safety concerns regarding Highway 62. 6) Jeffrey Holman provided updates and announcements regarding the Greater Coachella Valley Chamber of Commerce and Desert Hot Springs Rotary. CITY MANAGER REPORT Luke Rainey, City Manager, introduced new employees Kyle Morris, Information Technology Network Engineer, and Sean Smith, Economic Development Director. Geoffrey Buchheim, Administrative Services Director, provided a financial update. Nicholas Haecker, Public Works Director, provided status updates regarding various projects. MAYOR AND COUNCIL MEMBER REPORTS Council Member Betts reported on the various meetings and events he attended. Mayor Pro Tem Gardner reported on the various meetings and events he attended. Council Member Nuñez reported on the various meetings and events he attended. City Council SeptemberItem Number: 7. 6,Page 202244 of 46 Council Member Pye reported on the various meetings and events she attended. Mayor Matas reported on the various meetings and events he attended. ADMINISTRATIVE CALENDAR: 5. Award Professional Services Agreement for the Engineering Design of the Line C-1 Storm Drain Improvements Recommendation: Authorize the City Manager to execute the Professional Services Agreement for the Design of the Line C-1 Storm Drain Improvements with Albert A. Webb Associates, Incorporated in the amount not to exceed $336,052 with a contingency of $33,605 for any additional work as approved by the City, which brings a total budget of $369,657, with substantive changes, not including price, to be negotiated and executed by the City Manager. Staff Report - SR-22-202 - Pdf Jilleen Ferris, City Engineer, presented the staff report and responded to questions. ACTION: Approve Staff recommendation. Moved by Council Member Betts Seconded by Mayor Pro Tem Gardner Carried 5-0 by the following votes: AYES: Betts, Nuñez, Pye, Gardner, and Matas 6. Agreement with Riverside County for Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Project Recommendation: Authorize the City Manager to execute the service agreement between the City of Desert Hot Springs and the County of Riverside in the amount of $46,998.90 for the completion of the Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements Project. Staff Report - SR-22-199 - Pdf Jilleen Ferris, City Engineer, presented the staff report and responded to questions. ACTION: Approve Staff recommendation. Moved by Council Member Betts Seconded by Mayor Pro Tem Gardner Carried 5-0 by the following votes: AYES: Betts, Nuñez, Pye, Gardner, and Matas 7. Agreement for Maintenance of Shared Traffic Signals and Safety Lighting City Council SeptemberItem Number: 7. 6,Page 202245 of 46  with the City of Palm Springs Recommendation: Authorize the City Manager to execute the maintenance agreement between the City and the City of Palm Springs for the maintenance of shared traffic signals and safety lighting. Staff Report – SR-22-197 – Pdf Jilleen Ferris, City Engineer, presented the staff report and responded to questions. ACTION: Approve Staff recommendation. Moved by Council Member Nuñez Seconded by Mayor Pro Tem Gardner Carried 5-0 by the following votes: AYES: Betts, Nuñez, Pye, Gardner, and Matas CONSENT CALENDAR: 8. City Council Regular Meeting Minutes: August 2, 2022 City Council Special Meeting Minutes: August 23, 2022 Staff Report - SR-22-203 - Pdf ACTION: Approved the Minutes as presented. 9. Contracts Management Report as of August 15, 2022 Staff Report - SR-22-201 - Pdf ACTION: Received and filed. PUBLIC COMMENTS None. ADJOURN Mayor Matas adjourned the meeting at 6:53 P.M. Jerryl Soriano, CMC, City Clerk City Council SeptemberItem Number: 7. 6,Page 202246 of 46