Desert Hot Springs City Council
March 15, 2022

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, March 15, 2022
4:30 PM - Closed Session
5:30 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240
Watch the Meeting Live
• YouTube
• City Website
Public Comment
If you wish to speak under general public comment, or speak on an agenda item, you can participate through one of the following options:
• Participate In-Person
Council Chamber/City Hall – 11999 Palm Drive, Desert Hot Springs, CA 92240 • Participate via Zoom
CLICK HERE to register to speak via Zoom.

If you do not wish to speak, please see options above for viewing only. • Submit Comments in Writing:

You may also submit your comments in writing via email to the City Clerk at [email protected]. All written public comments will be distributed to the City Council and included as part of the record.

In the subject line, please indicate:
“Public Comment – Non-Agenda Item” OR
“Public Comment – Item #” (insert the agenda item number(s) relevant to your comment(s))

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 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov Code Sec. 54957(b)
Title: City Manager
RECESS
PRESENTATIONS - 5:30 P.M.

CrimeStoppers Presentation
SoCalGas Commendation
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

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

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

immediate action came to the City Council's attention after the agenda was posted.

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

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

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

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:

3. Annual Housing Element Progress Report for the Fifth Cycle Erick Becerril, Community Development Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take Public Testimony;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Concur in recommendation of the Planning Commission that the City Council provide direction to Staff to submit the Annual Housing Element Progress Report for the Fifth Cycle.

Staff Report - SR-22-060 - Pdf
7 - 11

4. Development Agreement No. 20-4; A Development Agreement Between the City of Desert Hot Springs and JHW Land Investments LLC, for the Future Development of the Residences at Ovation Project (Previously Known as Marbella Villa Project)
Erick Becerril, Community Development Director
Recommendation:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take testimony from Applicant;
5) Take public testimony for those in favor;
6) Take public testimony from those opposed;
13 - 40

7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing
10) City Council discussion; and
11) A) Find the Project has already complied with CEQA pursuant to the MND Addendum conducted on October 13, 2020;
B) Approve Development Agreement No 20-4; and
C) Approve for first reading and read by title only, "An Ordinance of the City of Desert Hot Springs approving the Development Agreement (by and Between the City of Desert Hot Springs JHW Land Investments LLC) related to the future development of Residences at Ovation Project (previously known as Marbella Villa Project) a residential condominium project located on the west side of Palm Drive north of 15th avenue, APN’s 656-030-005 through 656-030-008."
Staff Report - SR-22-056 - Pdf

5. Transition From At-Large to By-District Elections (Public Hearing No. 3)
Jerryl Soriano, City Clerk
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing receiving public testimony as part of the administrative record;
8) City Council discussion and questions to Staff; and
9) Review draft maps 1-3 and provide direction on which map the City Council prefers; or provide direction for the demographer to create a new map or maps to review at the next public hearing scheduled for April 5, 2022.

Staff Report - SR-22-062 - Pdf
41 - 75
ADMINISTRATIVE CALENDAR:

6. Award Professional Services Agreement - Musco Sports Lighting Nicholas Haecker, Public Works Director
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with Musco Sports Lighting, LLC. for the design and installation of light-structure systems and Musco Vision camera systems for Mission Springs Park and Wardman Park in the amount not to exceed $663,990.00 with a contingency amount of $66,399.00 (10%), for any additional work as approved by the City. The total budget amount is $730,389.00.

Staff Report - SR-22-063 - Pdf
77 - 119

7. Award Professional Services Agreement for Comprehensive Update of the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning)
Erick Becerril, Community Development Director
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with CASC Engineering and Consulting, Inc. for a comprehensive update of the Zoning Ordinance (Desert Hot Springs Municipal Code Title 17, Zoning) in an amount not to exceed $78,865.

Staff Report - SR-22-059 - Pdf
121 - 207

8. Award Professional Services Agreement for Architectural Services for Design of Detached Accessory Dwelling Units
Erick Becerril, Community Development Director
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement for Architectural Services with YNG Architects in an amount not to exceed $158,004.00.

Staff Report - SR-22-058 - Pdf
209 - 273
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.

9. City Council Regular Meeting Minutes: March 1, 2022
Jerryl Soriano, City Clerk
Recommendation: Approve the Minutes as presented; or as corrected.

Staff Report - SR-22-066 - Pdf
275 - 281

10. Second Reading and Adoption of An Ordinance Amending Chapter

8.16 (Shopping and Laundry Carts) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code to Enhance Regulations for the Containment and Retrieval of Shopping Carts
Jerryl Soriano, City Clerk
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 8.16 (Shopping and Laundry Carts) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code to Enhance Regulations for the Containment and Retrieval of Shopping Carts.

Staff Report - SR-22-061 - Pdf
283 - 306

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.

April 5 City Council Regular Meeting 6:00 p.m.

April 12 Planning Commission 6:00 p.m.

April 14 Public Safety Commission 6:00 p.m.

April 19 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________________

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

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

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

SR-22-060
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 15, 2022
Department: Community Development
Prepared by: Juan Carrillo, Principal Planner
Subject: Annual Housing Element Progress Report for the Fifth Cycle RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take Public Testimony;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Concur in recommendation of the Planning Commission that the City Council provide direction to Staff to submit the Annual Housing Element Progress Report for the Fifth Cycle.

DISCUSSION:

All California cities are required to provide an Annual Housing Element Progress Report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development. The intent of this report is to share the City’s progress in meeting its share of the Regional Housing Needs Assessment. Please note the summary includes data for the 2021 calendar year and is not related to the Housing Element that was recently sent to HCD for their review. The Housing Element for the Sixth Cycle was sent to HCD in November of last year.

This item was presented to the Planning Commission on March 8, 2022, and the Planning Commission made a favorable recommendation to the City Council during the public hearing. Staff needs direction from the City Council to submit the Annual Progress Report as recommended by the Planning Commission.

The Annual Housing Element Progress Report covers the calendar year 2021. The Fifth Cycle covered from 2014 to 2021. The total RHNA allocation for the Fifth Cycle was 4,196 residential units as reflected in the table below.

Item Number: 3.

SR-22-060
On September 14, 2021, the Planning Commission approved TTM 37793 creating 9 lots for multi-family residential for medium density with a potential to provide up to 50 new multi-family residential units.

Also, on November 9, 2021, the Planning Commission approved TTM 37274 creating 8 new parcels for High Density residential with a potential to build up to 120 residential units. At built-out of these approved projects 170 new units may be available which will be reported as part of the 6th Cycle which covers from October of 2021 to October of 2029.

The list of residential building permits completed in the year 2021 includes a total of 57 single family residential units (Exhibit 1). The list of residential building permits entitled in the year 2021 includes the following: 41 single family residential units (DHS 41), 77 residential units (Sky Borne), and 402 multifamily units (Marbella/Ovation) (Exhibit 2).

Prior to April of 2023, Staff will be presenting the Planning Commission with a request to recommend that the City Council provide Staff direction to submit the Annual Housing Element Progress Report, as required each year. However, this presentation will be for the Housing Element 6th Cycle Report.

ENVIRONMENTAL DETERMINATION:

The State has determined that CEQA does not apply to the approval of ministerial projects. CEQA does not apply to the subject matter of this proposed Annual Report since it is not considered a project.

ATTACHMENTS:

Exhibit 1 - 2021 Building Permit Report
Exhibit 2 - Reporting Form
Item Number: 3.

Record #
BLDR—20-529
BLDR-20-531
BLDR—21-25
BLDR-21-27
BLDR—21-28
BLDR—21—29
BLDR-21-30
BLDR-21-31
BLDR—21-32
BLDR—21-106
BLDR-21-108
BLDR—21-110
BLDR—21-144
BLDR-21-145
BLDR-21-146
BLDR—21-148
BLDR-21-149
BLDR—21-150
BLDR-21-209
BLDR—21-210
BLDR—21-211
BLDR-21-212
BLDR—21-213
BLDR—21-214
Record Type
BuildingPermit - Residential
Building Permit — Residential
BuildingPermit — Residential
BuildingPermit — Residential
Building Permit — Residential
BuildingPermit - Residential
BuildingPermit - Residential
Building Permit - Residential
Building Permit - Residential
BuildingPermit - Residential
BuildingPermit - Residential
Building Permit — Residential
BuildingPermit - Residential
BuildingPermit - Residential
BuildingPermit - Residential
Building Permit — Residential
BuildingPermit - Residential
BuildingPermit - Residential
Building Permit ~ Residential
BuildingPermit - Residential
BuildingPermit - Residential
Building Permit — Residential
Building Permit - Residential
BuildingPermit - Residential
Applicant Name
Carlos Peraza
Carlos Peraza
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles

JOHN ABBOUD
ChHsLong
ChHsLong
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
Address
9499 PALMDRIVE,Desert Hot Springs’,
9501 PALMDRIVE,Desert Hot Springs,
66192 PALOVERDETR, DESERTHOT S
66168 AGAVE WAY, DESERTHOT SPRII
66237 PALOVERDETR, DESERTHOT S
14151 W AGUA DULCEDR, DESERTHC
14123 W AGUA DULCEDR,DESERTHC
14095 W AGUA DULCEDR,DESERTHC
14077 W AGUA DULCEDR,DESERTHC
13255 Via Real, Desert Hot Springs, CA
13625 Quinta Way, Desert Hot Spring:
13645 Quinta Way, Desert Hot Springs
66190 AGAVEWAY, DESERTHOT SPRI
66210 AGAVE WAY, DESERTHOT SPRI
66222 AGAVEWAY, DESERTHOT SPRI
66236 AGAVEWAY, DESERTHOT SPRI
66266 LANTANALN,DESERTHOT SPR
66292 LANTANALN,DESERTHOT SPR
66295 LANTANALN,DESERTHOT SPRI
66267 LANTANALN,DESERTHOT SPR
66309 LANTANALN,DESERTHOT SPR
66264 S AGUA DULCEDR,DESERTHO‘
66290 S AGUA DULCEDR,DESERTHO‘
66310 S AGUA DULCEDR,DESERTHO‘
3/4/202120:05 Complete
3/4/202120:08 Complete
2/19/20211:30 Complete
2/19/20211:41 Complete
2/19/20211:32 Complete
2/19/20211:35 Complete
2/19/20211:37 Complete
2/19/20211:39 Complete
2/26/20210:24 Complete
5/11/202120:39 Complete
6/16/202118:47 Complete
6/14/202117:56 Complete
3/23/202115:08 Complete
3/23/202115:10 Complete
3/23/202115:12 Complete
3/23/202115:15 Complete
3/23/202115:21 Complete
3/23/202115:25 Complete
4/20/202120:53 Complete
4/20/202120:56 Complete
4/20/202120:59 Complete
4/20/202121:02 Complete
4/20/202121:04 Complete
4/20/202121:06 Complete
Permit/LicenseIssued Record Stat: Description of Work
5 BED3 BATHNEWSINGLEFAMILYHOME AT 1,912 SF WITHA488 SF GARAGEANDA 115 SF COVEREDENT 5 BED3 BATHNEWSINGLEFAMILYHOME AT 1,912 SF WITHA 488 SF GARAGEANDA 115 SF COVEREDENT NEWSINGLEFAMILYHOME PREVIOUSLYAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN1 ELE\ NEWSINGLEFAMILYHOME PREVIOUSLYAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN2 ELE\ NEWSINGLEFAMILYHOME PREVIOUSLYAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN2 ELE NEWSINGLEFAMILYHOME PREVIOUSLYAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN2YEL NEWSINGLEFAMILYHOMEPREVIOUSLYAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN3Y EL NEWSINGLEFAMILYHOME PREVIOUSLYAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN3Y EL NEWSINGLEFAMILYHOME PREVIOUSLYAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN2YEL MASTERNSFRPLANCHECKFOR11|N—F|LL LOTSTHOUROUTCITY4 BED2 BATH@ 1490 SFWITHA406 SF G NSFRAT 1,356 SFWITHA 489 SF GARAGEAND A 16 SF COVEREDENTRY NSFRAT 1356 SQ FTWITH A 489 SQFTGARAGE16 SQ FTCOVEREDENTRY NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN1XELEVATIONB REVERSED4 BED2 BATINSFRAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN3YELEVATIONB5 BED3 BATH 2,238 SF L NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN3 ELEVATIONA REVERSED4 BED3 BATH NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN1 ELEVATIONA REVERSED4 BED2 BATH NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN2 ELEVATIONB4 BED3 BATH1,840 SF LI‘ NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN1 ELEVATIONA REVERSED4 BED2 BATH NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN3 ELEVATIONA REVERSED4 BED3 BATH NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN1 ELEVATIONA REVERSED4 BED2 BATH NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN1 ELEVATIONA 4 BED2 BATH1,706 SF Ll‘ NSRFAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN2YELEVATIONB5 BED3 BATH2,065 SF I NSRFAPPROVEDUNDERMASTERPLANCHECKBLDR—20-349PLAN3 ELEVATIONA REVERSED5 BED3 BATH NSFRAPPROVED UNDERMASTERPLANCHECKBLDR—20-349PLAN1 ELEVATIONA 4 BED2 BATH 1,706 SF Ll‘ Item Number: 3.

Record #
NSFR—21-5
NSFR-21-13
NSFR—21—29
NSFR—21-33
NSFR—21—78
NSFR—21-7
NSFR-21-11
NSFR-21-12
NSFR-21-16
NSFR-21-36
NSFR-21-37
NSFR—21-65
NSFR—21—81
NSFR—21—82
NSFR-21—83
NSFR-21—84
NSFR-21-85
NSFR—21-6
NSFR-21-8
NSFR-21-9
NSFR—21-10
NSFR—21-21
NSFR—21-30
' NSFR—21—34
NSFR-21-35
NSFR—21—64
NSFR—21—79
NSFR—21—3
NSFR-21-4
NSFR-21-20
NSFR—21—22
NSFR-21-63
NSFR—21—8O
Record Type
Building Permit ~ New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit — New Single FamilyResidence
Building Permit - New Single FamilyResidence
BuildingPermit — New Single FamilyResidence
BuildingPermit — New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
Building Permit - New Single FamilyResidence
Building Permit - New Single FamilyResidence
Building Permit - New Single FamilyResidence
Building Permit - New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
Building Permit — New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit — New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit — New Single FamilyResidence
Building Permit - New Single FamilyResidence
Building Permit - New Single FamilyResidence
Building Permit - New Single FamilyResidence
Building Permit - New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
Building Permit - New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit - New Single FamilyResidence
BuildingPermit — New Single FamilyResidence
BuildingPermit — New Single FamilyResidence
Building Permit - New Single FamilyResidence
Building Permit - New Single Family Residence
Applicant Name
Stephanie Chan
LeslieStiles

JOHN ABBOUD
LeslieStiles
Ethan Mezrahi
Stephanie Chan
Stephanie Chan
Stephanie Chan
LeslieStiles
LeslieStiles
LeslieStiles
LeslieStiles
Ethan Mezrahi
Ethan Mezrahi
Ethan Mezrahi
Ethan Mezrahi
Ethan Mezrahi
Stephanie Chan
Stephanie Chan
Stephanie Chan
Stephanie Chan
LeslieStiles

JOHN ABBOUD
LeslieStiles
LeslieStiles
LeslieStiles
Ethan Mezrahi
Stephanie Chan
Stephanie Chan
LeslieStiles
LeslieStiles
LeslieStiles
Ethan Mezrahi
Address
11539 SKYPOINTEDR., Dese
66315 CAHUILLAAVE., Dese
13279 Via Real,Desert Hot 5
66336 LANTANALN,DESERT
12595 SYLVANUSDR.,Deser
11528 SKYPOINTEDR.,Dese
62738 N. CRESCENTST., Des
62732 N. CRESCENTST., Des
66347 S AGUADULCEDR,DI
66384 LANTANALN,DESERT
66398 LANTANALN,DESERT
66321 LANTANALN,DESERT
12541 SYLVANUS DR.,Deser
12540 SYLVANUSDR.,Deser
12558 SYLVANUSDR.,Deser
12576 SYLVANUSDR.,Deser
12594 SYLVANUSDR.,Deser
11532 SKYPOINTEDR., Dese
62752 N. Crescent St., Deser
62748 N. Crescent St., Deser
62742 N. Crescent St., Deser
66253 S AGUA DULCEDR,DI
13259 Ramona Dr., Desert H
66352 LANTANALN,DESERT
66370 LANTANALN,DESERT
66339 LANTANALN,DESERT
12577 SYLVANUSDR.,Deser
11529 SKYPOINTEDR.,Dese
11533 SKYPOINTEDR.,Dese
66275 S AGUA DULCEDR,DI
66237 S AGUA DULCEDR,DI
66355 LANTANALN,DESERT
12559 SYLVANUSDR.,Deser
6/3/202120:37 Complete
7/1/202118:25 Complete
5/13/202117:19 Complete
6/15/202122:26 Complete
7/22/202119:21 Complete
6/3/202120:41 Complete
6/3/202120:53 Complete
6/3/202120:55. Complete
5/24/202122:21 Complete
6/15/202122:27 Complete
6/15/202122:32 Complete
9/15/202122:34 Complete
7/22/202119:21 Complete
7/22/202119:22 Complete
7/22/202119:22 Complete
7/22/202119:22 Complete
7/22/202119:22 Complete
6/3/202120:42 Complete
6/3/202120:45 Complete
6/3/202120:47 Complete
6/3/202120:50 Complete
5/24/202122:31 Complete
5/13/202117:17 Complete
6/15/202122:26 Complete
6/15/202122:26 Complete
9/15/202122:28 Complete
7/22/202119:22 Complete
6/3/202120:27 Complete
6/3/202120:34 Complete
5/24/202122:29 Complete
5/24/202122:33 Complete
9/15/202122:26 Complete
7/22/202119:21 Complete
Permit/Licenselssuec Record Status Description of Work
NSFRAPPROVEDUNDERMASTERPLANBLDR-21-124.PLAN3 ELEVATIONA REVERSE~ 3 BEI 4 BED2 BATHNSFRAT 1,802 SFWITHA464 SF GARAGEANDA 122 SF COVEREDPATIO NSFR4 BED2 BATHPREVIOUSLYAPPROVEDUNDERPLANCHECKBLDR-21-106, 1490 SF OF Construction of new single family residence per DP-19-09 and Agua Dulceapproved plans E LOT14 PLAN1B REVERSED,APPROVEDUNDERMASTERPLANCHECKNSFR-21-38 - 3 BED2 NSFRAPPROVEDUNDERMASTERPLANBLDR-21-124.PLAN4 ELEVATIONA REVERSE— 4 BEI NSFRAPPROVED UNDERMASTERPLANBLDR-21-124.PLAN2 ELEVATIONB- 3 BED2 BATH NSFRAPPROVEDUNDERMASTERPLANBLDR-21-124.PLAN4 ELEVATIONC REVERSE— 4 BEI NSFRAPPROVEDUNDERMASTERPLANCHECKBLDR—20—349 PLAN1 REVERSEDELEVATION CONSTRUCTIONOF NEWSINGLEFAMILYRESIDENCEPERDP-09-19 ANDAGUA DULCEAPPR CONSTRUCTIOINOF SINGLEFAMILYRESIDENCEPERDP—09-79ANDAGUA DULCEAPPROVEI CONSTRUCTIONOF NEWSINGLEFAMILYHOME PERDP 09-19 ANDAGUA DULCEAPPROVEI LOT17 PLAN1A REVERSED,PREVIOUSLYAPPROVEDUNDERMASTERNSFR-21-38 — 3 BED2 LOT18 PLAN2B, PREVIOUSLYAPPROVEDUNDERMASTERPLANNSFR—21—38 — 3 BED2 BATILOT19 PLAN1A REVERSED,PREVIOUSLYAPPROVEDUNDERMASTERPLANCHECKNSFR-21‘ LOT20 PLAN2B REVERSED,PREVIOUSLYAPPROVEDUNDERMASTERPLANNSFR-21-38 - 3| LOT21 PLAN1A, PREVIOUSLYAPPROVEDUNDERMASTERPLANNSFR-21-38 — 3 BED2 BATINSFRAPPROVED UNDERMASTERPLANBLDR-21-124.PLAN3 ELEVATIONC - 3 BED2 BATH NSFRAPPROVEDUNDERMASTERPLANBLDR-21-124.PLAN2 ELEVATIONA REVERSE— 3 BEI NSFRAPPROVEDUNDERMASTERPLANBLDR-21-124.PLAN3 ELEVATIONB — 3 BED2 BATH NSFRAPPROVEDUNDERMASTERPLANBLDR-21-124.PLAN1 ELEVATIONA REVERSE-3 BEE NSFRAPPROVEDUNDERMASTERPLANCHECKBLDR—20—349PLAN2 ELEVATIONA 4 BED2 I NSFR4 BED2 BATHPREVIOUSLYAPPROVEDUNDERPLANCHECKBLDR-21-106,1490 SF OF ,Construction of new single family residence per DP-19-09 and Agua Dulce approved plans I Construction of new single family residence per DP-09-19 and Agua Dulce Master Plans BLE CONSTRUCTIONOF NEWSINGLEFAMILYHOME PERDP09-19 ANDAGUA DULCEAPPROVEI LOT15 PLAN3A, PREVIOUSLYAPPROVED UNDERMASTERPLANNSFR-21-38 — 3 BEDWITH1 NSFRAPPROVED UNDERMASTERPLANBLDR-21-124.PLAN4 ELEVATIONB — 4 BED2 BATH NSFRAPPROVEDUNDERMASTERPLANBLDR-21-124.PLAN2 ELEVATIONC — 3 BED2 BATH NSFRAPPROVED UNDERMASTERPLANCHECKBLDR—20—349 PLAN1 - REVERSEDELEVATIOI‘ NSFRAPPROVED UNDERMASTERPLANCHECKBLDR—20—349 PLAN3 ELEVATIONA REVERSE CONSTRUCTIONOF NEWSINGLEFAMILYRESIDENCEPERDP09-19 ANDDAGUA DULCEAPP LOT16 PLAN2B, PREVIOUSLYAPPROVED UNDERMASTERPLANNSFR-21-38 - 3 BED2 BATIItem Number: 3.

Jurisdiction 1 DesertHot Springs V Reporting Year A
A
S 2021 (Jan. 1 - Dec. 31)
Planning Period ' 5th Cycle 10/15/2013 — 10/15/2021 1
7 V
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Very Low
LOW Deed Restricted I
Non-Deed Restricted “
Moderate Deed Restricted “
Non-Deed Restricted
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Total Housing Applications Submitted:

Number of Proposed Units in AllApplicat ions Received:

Total Housing Units Approved:

Total Housing Units Disapproved: “
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Number
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Total Units Constructed with Streamlining n
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Cells in grey contain auto-calculation formulas
Item Number: 3.

SR-22-056
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 15, 2022
Department: City Manager
Prepared by: Patricia Villagomez, Assistant Planner
Subject: Development Agreement No. 20-4; A Development Agreement Between the City of Desert Hot Springs and JHW Land Investments LLC, for the Future Development of the Residences at Ovation Project (Previously Known as Marbella Villa Project)
RECOMMENDATION:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take testimony from Applicant;
5) Take public testimony for those in favor;
6) Take public testimony from those opposed;
7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing
10) City Council discussion; and
11) A) Find the Project has already complied with CEQA pursuant to the MND Addendum conducted on October 13, 2020;
B) Approve Development Agreement No 20-4; and
C) Approve for first reading and read by title only, "An Ordinance of the City of Desert Hot Springs approving the Development Agreement (by and Between the City of Desert Hot Springs JHW Land Investments LLC) related to the future development of Residences at Ovation Project (previously known as Marbella Villa Project) a residential condominium project located on the west side of Palm Drive north of 15th avenue, APN’s 656-030-005 through 656-030-008." BACKGROUND:

The Residences at Ovation Project (previously known as Marbella Villa Project) is a residential condominium project consisting of 402 residential condominiums, a community building, and common area amenities. The project is located on the west side of Palm Drive north of 15th avenue. The project consists of 42 residential buildings, including 25 two-story buildings (8 units each) and 17 three-story buildings (12 units each). All project details can be found in the attached Exhibit 1 from the Staff Report dated October 13, 2020.

Item Number: 4.

SR-22-056
On September 8, 2020, the Planning Commission held a public hearing on the Project. After testimony, the Planning Commission voted to continue the public hearing to a date certain of October 13, 2020.

On October 13, 2020, the Planning Commission held the public hearing on the Project and approved the Mitigated Negative Declaration Addendum, Development Permit No. 05-17, Conditional Use Permit No. 09-18, and Tentative Tract Map No. 37597 for the development of 402 residential condominiums and a community building, located on the west side of Palm Drive north of 15th avenue, APN’s 656- 030-005 through 656-030-008.

On October 27, 2020, the City received an appeal from the Sky’s Haven Homeowners Association, for the approval for the Project.

On May 4, 2021, the City Council held a public hearing and ultimately approved the Resolution to Uphold Planning Commission’s decision to approve the Addendum to the Mitigated Negative Declaration, Development Permit No. 05-17, Conditional Use Permit No. 09-18, and Tentative Tract Map No. 37597 for the development of 402 residential condominiums and a clubhouse, thereby denying the appeal and approving the Project.

DISCUSSION:

Although the underlying entitlements and CEQA have been approved, the Developer now seeks to enter into a Development Agreement related to the underlying Project.

The Desert Hot Springs Municipal Code (17.84 Development Agreements) and State law provides that the City and a developer may enter into a development agreement for the purpose of providing the developer general assurances and vesting of their project. In exchange, the City receives certain benefits in the form of revenue, improvements, etc. that the City could not otherwise legally impose on the particular project for a variety of reasons. Such reasons include, but are not limited to, (a) the lack of a nexus between a certain condition of approval and the scope of the project’s impacts on the environment or surrounding neighborhood or (b) the legal exclusion of a certain use from the imposition of certain fees or taxes.

On November 10, 2020, JHW Land Investments, Inc (Developer) applied for a Development Agreement (DA 20-4) for the Project. The Developer is not proposing any changes to the Project, and the Project remains the same as previously approved. In the Development Agreement the City and the Developer agree to the following:
• Developer will pay all applicable Development Impact Fees. • Developer will pay all applicable permit processing fees. • Developer will provide the City a public benefit as the Developer will pay for and construct 15th Avenue from Palm Drive to an estimated 2,000 feet west along entire frontage of project. Street improvements include a full width street section to both sides of the street in compliance with all City and State standards. This is a public benefit.
• The term of the Development Agreement is twenty (20) years subject to any extension and early termination provisions described in the Development Agreement.

Item Number: 4.

SR-22-056
• Developer will have the vested right to develop the Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, and building and occupancy standards.

NOTICING REQUIREMENT
The proposed Development Agreement was noticed to neighboring owners within a 300-foot radius of the project site on March 3rd, 2022 and was advertised in the Desert Star Weekly on March 2nd, 2022 per state noticing requirements. No public comments have been received as of this writing.

FISCAL IMPACT:

The Developer has paid all required fees for the processing of the Development Agreement.

ENVIRONMENTAL ANALYSIS:

On October 13, 2020, the Planning Commission held the public hearing on the underlying entitlements and approved the Mitigated Negative Declaration Addendum, Development Permit No. 05-17, Conditional Use Permit No. 09-18, and Tentative Tract Map No. 37597 for the development of 402 residential condominiums and a community building, located on APN’s 656-030-005 through 656-030- 008 located on the west side of Palm Drive north of 15th avenue. No further environmental review is required with this Development Agreement. Further, on May 4, 201, the City Council held a public hearing and ultimately approved the Resolution to Uphold Planning Commission’s Decision to approve the Project.

ATTACHMENTS:

Exhibit 1 - Draft Ordinance
Exhibit 2 - Draft Development Agreement
Exhibit 3 - Residences at Ovation- Street Improvements Exhibit Item Number: 4.

1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF DESERT HOT SPRINGS AND JHW LAND

INVESTMENTS, LLC
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the “Development Agreement Statute”); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and
WHEREAS, the development agreement and associated entitlements are subject to CEQA and a CEQA review was completed; and
WHEREAS, City of Desert Hot Springs City Council (“City Council”) conducted a properly noticed public hearing to consider the Development Agreement (as defined below), at which testimony and evidence, both written and oral, were presented to and considered by the City Council; and WHEREAS, the City Council shall approve a development agreement by ordinance.

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

SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

Item Number: 4.

2 SECTION 2: APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Development Agreement By and Between the City of Desert Hot Springs and JHW LAND INVESTMENTS, LLC (“Development Agreement”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A,” subject to the terms and conditions stated therein.

SECTION 3: SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 4: EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 5: EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.

SECTION 6: RECORDATION OF DEVELOPMENT AGREEMENT
That the City Clerk is hereby directed to record the fully executed Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution.

SECTION 7: CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 4.

3 PASSED AND ADOPTED THIS day of , 2022.

CITY OF DESERT HOT SPRINGS
____________________
Scott Matas, Mayor
ATTEST:
_________________________
Jerryl Soriano
City Clerk
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
_________________________
By/Title:

EXHIBIT “A”

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS

AND JHW LAND INVESTMENTS, LLC

SEE ATTACHED
Item Number: 4.

RECORDING REQUESTED BY:

City of Desert Hot Springs
WHEN RECORDED MAIL TO:

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
Attention: City Clerk
APNs: [656-030-005, 656-030-006, 656-030-007, 656-030-008] (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
(Exempt from Recording Fees Pursuant to Government Code Section 27383 - Benefits City)

STATUTORY DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
[DEVELOPER/PROPERTY OWNER]
This Statutory Development Agreement (“Agreement”) is entered into this ______ day of ___________, 2022, by and between City OF DESERT HOT SPRINGS, a municipal corporation located in the County of Riverside, State of California ("City"), and JHW Land Investments, LLC, a California Limited Liability Company, and or assigns ("Developer") pursuant to the authority of Sections 65864 et seq. of the California Government Code and Chapter 17.84 of the Desert Hot Springs Municipal Code.

R E C I T A L S:

WHEREAS, City is a charter city and recognized for certain purposes as a political subdivision of the State of California; and
WHEREAS, Developer has the right to develop approximately 25 acres of undeveloped real property within Section RS3, generally located on Palm Drive and 15 Ave, as more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (“Property” or “Project Site”); and
Item Number: 4.

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California Government Code ("Development Agreement Statute") which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and
WHEREAS, a development agreement is intended to provide assurances to Developer that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval in exchange for assurances that City will receive certain payment of fees, the installation of certain infrastructure, and other benefits City cannot otherwise unilaterally impose as conditions of approval of the project outside the context of a negotiated development agreement; and
WHEREAS, this Agreement will eliminate uncertainty in planning for and secure orderly development of the Project Site and Project (as specifically described in this Agreement below), assure progressive installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within City at the least economic cost to its citizens; and
WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under the Development Agreement Statute and Chapter 17.84 of the Desert Hot Springs Municipal Code; and
WHEREAS, this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute and Chapter 17.84 of the Desert Hot Springs Municipal Code and in consideration of the mutual covenants and promises of the parties contained herein, the parties agree as follows:

A G R E E M E N T:

Section 1. Incorporation of Recitals
The foregoing recitals are true and correct and are incorporated into this Agreement by this reference as though fully set forth herein.

Section 2. Effective Date
Item Number: 4.

This Agreement shall become effective on the effective date (“Effective Date”) of the ordinance enacting this Agreement (“Enacting Ordinance”); provided, however, that if a Citywide referendum election is called and the Enacting Ordinance is repealed, this Agreement shall be null and void as of the date of the final declaration by the City Council of the repeal of the Enacting Ordinance.

Section 3. Project and CEQA
The “Project” includes the following: Development Permit No. 05-17, Conditional Use Permit No. 09-18, Tentative Tract Map No. 37597 and Mitigated Negative Declaration Addendum: An Application for the Development of 402 Residential Condominiums and a Community Building on a 25-Acre Parcel on the North Side of 15th Avenue West of Palm Drive in the R-H (Residential High) and MU-C (Mixed Use Corridor) Zoning District. 05-17, Conditional Use Permit No. 09-18, Tentative Tract Map No. 37597 and Mitigated Negative Declaration Addendum: An Application for the Development of 402 Residential Condominiums and a Community Building on a 25-Acre Parcel on the North Side of 15th Avenue West of Palm Drive in the R-H (Residential High) and MU-C (Mixed Use Corridor) Zoning District.

Due to the fact that the Mitigated Negative Declaration was already prepared for this Project, this Development Agreement needs no further environmental review.

Section 4. Project Site
The “Project Site” consists of approximately 25 acres of unimproved real property located on the North Side of 15th Avenue West of Palm Drive in the R-H (Residential High) and MU-C (Mixed Use Corridor) Zoning District., as more particularly described in Exhibit “A,” upon which the Project will be developed in accordance with this Agreement.

Section 5. Purpose
The purpose of this Agreement is to ensure the Project and Project Site are developed Developer offers in addition to all applicable Development Impact fees approved by City pursuant to the California Mitigation Fee Act (Government Code § 66000 et seq.) and all applicable processing fees, Developer will provide the City a public benefit as the Developer will pay for and construct 15th Avenue from Palm Drive to an estimated 2,000 feet west along entire frontage of project, street improvements include a full width street section with base material, asphalt concrete, curb and gutter, sidewalk, landscaping, and street lights, in compliance with all City and State standards. The Public Benefit described herein shall be exempt from the requirements of the California Mitigation Fee Act (Government Code § 66000 et seq.) since Government Code section 66000 (b) provides that a “fee” does not include “fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4.”
Item Number: 4.

Section 6. Term
The parties agree that the term of this Agreement shall be twenty (20) years commencing on the Effective Date, subject to any extension and early termination provisions described in this Agreement.

Section 7. Termination
This Agreement shall be terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the 20-year term:
(b) Completion of the Project in accordance with the Project entitlements and City’s issuance of all required occupancy permits and acceptance of all dedications and improvements required under the Project entitlements and this Agreement. (c) Entry of final judgment or issuance of a final order directing City to set aside, withdraw, or abrogate City’s approval of this Agreement or any material part of the Project entitlements; or
(d) The effective date of a party’s election to terminate the Agreement in response to an uncured default by the other party, pursuant to the terms of this Agreement. (e) In the event of a termination of this Agreement with respect to any portion of the Project, any then-existing rights and obligations of the parties with respect to such portion of the Project shall automatically terminate and be of no further force, effect or operation. No termination of this Agreement with respect to any portion of the Property or Project shall affect in any way the parties’ rights and obligations hereunder with respect to any other portion of the Property or Project. In no event shall the expiration or termination of this Agreement result in any expiration or termination, without further action of City, of any entitlement approval then in existence.

Section 8. Cooperation by Developer
Developer shall, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations under this Agreement and cause its planners, engineers and other consultants to do the same. Developer also shall apply in a timely manner for such other permits and approvals from other governmental or quasigovernmental agencies having jurisdiction over the Project Site and/or Project as may be required for the development of, or provision of services to, the Project Site and/or Project, as contemplated by this Agreement.

Item Number: 4.

Section 9. Processing Fees
Notwithstanding anything else herein, Developer shall pay all applicable filing and processing fees pursuant to Section 17.36.050 “Fees” of the Desert Hot Springs Municipal Code in the amounts set forth in the schedule of fees in effect at the time such fees are due and payable during the land use entitlement review process.

Section 10. Additional Cost Reimbursement
In addition to the payment of the requisite processing fees, Developer shall reimburse City for the actual costs and expenses incurred by City for all services provided by City and its consultants, including legal counsel, for review, preparation and processing of this Agreement and related Project entitlements, and any research related thereto, which are not factored in City processing fees. Furthermore, to the extent that City, on behalf of Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project Site and/or the Project as described in this Agreement, Developer shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreements, subject to Developer’s consent to such costs and expenses, which consent shall not be unreasonably withheld. Any fees, assessments or other amounts payable by City pursuant to any such agreements described herein shall be borne by Developer except where Developer has notified City in writing, prior to City entering into any such agreement, that it does not desire for City to execute said agreement.

Should Developer refuse to provide its consent with respect to the above matters, the City reserves the right to refrain from entering into the respective agreement or paying any fees, assessment or other amounts on behalf of the Project Site and/or Project.

Section 11. Commencement of Construction
See Addendum “A” 2022 Tentative Community Start Schedule Section 12. Vested Rights and Applicable Rules, Regulations and Policies Except as otherwise provided in this Agreement, Developer shall have the vested right to develop the Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, and building and occupancy standards, in effect on the Effective Date of this Agreement, as set forth in this Agreement, Project entitlements, Title 17 “Zoning” of the Municipal Code, and all other applicable legal requirements in effect as of the Effective Date (collectively, “Applicable Law”). In light of the foregoing, City shall apply the Applicable Law when considering any actions or decisions pertaining to both discretionary and ministerial permits related to the Project and Project Site. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land Item Number: 4.

uses, density and intensity of use of the Property, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, and the location and size of public improvements and other terms and conditions of development of the Project as set forth in the Project entitlements and this Agreement.
(a) In accordance with Government Code Section 65866, nothing herein shall be construed to limit City's authority to apply new rules, regulations and policies to the Project which do not conflict with the Applicable Law, nor to limit City’s police power to implement, based upon appropriate and adequate findings, specific emergency measures necessary to protect against real and actual threats to the health and safety of City residents. (b) Notwithstanding anything to the contrary contained in this Agreement, City may apply to the Project, at any time during the term of this Agreement, the then-current California Building Code, California Fire Code, and other uniform construction codes, provided that any such uniform code shall apply to the Project only to the extent that such code has been adopted by City, and is in effect on a City-wide basis.
(c) As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations (“Changes in the Law”). In the event Changes in the Law prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with the Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement.

Section 13. Minor Revisions
Minor revisions to the entitlements related to the Project Site and/or Project shall not require an amendment to this Agreement, provided that City finds and determines that the proposed change or modification is consistent with the development standards and guidelines set forth in this Agreement, Project entitlements, and Applicable Laws.

Section 14. Public Benefit
In addition to all applicable Development Impact fees approved by City pursuant to the California Mitigation Fee Act (Government Code § 66000 et seq.) and all applicable processing fees, Developer will provide the City a public benefit as the Developer will pay for and construct 15th Avenue from Palm Drive to an estimated 2,000 feet west along entire frontage of project, street improvements include a full width street section with base material, asphalt concrete, curb and gutter, sidewalk, landscaping, and street lights, in compliance with all City and State standards. The Public Benefit described herein shall be exempt from the requirements of the California Mitigation Fee Act (Government Code § 66000 et seq.) since Government Code Item Number: 4.

section 66000 (b) provides that a “fee” does not include “fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4.” Section 15. Existing Exactions
Nothing set forth in this Agreement shall constitute a waiver of Developer’s obligation to pay or be subject to any other existing fees, exactions, in-lieu fees or payments, dedication or reservation requirements, obligations for on-site or off-site improvements, construction requirements for public improvements, facilities, or services required of the Project and/or Project Site under the Applicable Law, whether such requirements constitute subdivision improvements, mitigation, or impositions made under any applicable ordinance or other applicable regulation.

Section 16. Tax Districts
Owner agrees to the Subject Property being annexed into any current or future Community Facilities District, Community Services District, or any other tax district which would pertain to the Property.

Section 17. Nexus/Reasonable Relationship Challenges
Developer consents to and waives any rights it may have now or in the future to challenge the legal validity of, the conditions or requirements set forth in this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Developer reserves the right, however, to challenge in court any future fee, exaction, or other City Law that would, in Developer's opinion, conflict with Applicable Law (including this Agreement) or reduce the development rights provided by this Agreement.

Section 18. Covenants Running with the Land and Constructive Notice All of the terms, provisions, and obligations contained in this Agreement shall be binding upon Developer and its heirs, successors, and assigns, and all other persons or entities acquiring all or any portion of the Project Site and/or Project, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of City and its successors and assigns. As such, all of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the California Civil Code. Notwithstanding the above, every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project Site and/or Project shall be deemed to have consented and agreed to every provision contained in this Agreement, whether or not any reference to this Agreement is Item Number: 4.

contained in the instrument by which such person acquired an interest in the Project Site and/or Project.

Section 19. Civil Code Section 1542 Waiver
Developer hereby waives any and all rights Developer or its successors and assigns may have under Article XIIIC or Article XIIID of the California Constitution and any and all rights Developer of its successors and assigns may have under any other applicable law to contest the fees, exactions and assessments and/or their amounts payable to City under this Agreement as follows:

In furtherance of the intentions of the parties to this Agreement, Developer with and under advice of counsel, hereby expressly waives any and all right and benefit conferred upon Developer by the provisions of Civil Code Section 1542, which provides 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.”
Developer further expressly waives any and all rights and benefits conferred upon Developer by any provision of any other state, federal or local statute, code, ordinance or law similar to Section 1542 of the Civil Code. Developer expressly consents that the waiver of rights contained in the first paragraph shall be given full force and effect, according to the express terms and provisions of the instant waiver, to unknown and unsuspected claims, demands and causes of action, if any, arising out of or relating to the waiver of rights contained in this Agreement.

Initials:

Developer ____ ______
Section 20. Periodic Review
City shall conduct a review of this Agreement as set forth as follows:
(a) Annual Review. City will review the extent of good faith compliance by Developer with the terms of this Agreement annually commencing on the first anniversary of the Effective Date of this Agreement.
(b) Notice. City shall notify Developer in writing of the date of review at least thirty (30) days prior thereto.

Item Number: 4.

(c) Good-faith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement. (d) Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as City, in the exercise of its reasonable discretion, may require.
(e) Cost of Annual Review. The costs incurred by City in connection with the annual review shall be borne by Developer.
(f) Failure to Conduct Review. City’s failure to conduct an annual review of this Agreement shall not constitute a breach of this Agreement. (g) Certificate of Compliance. If, at the conclusion of a periodic or special review, Developer is found to be in compliance with this Agreement, City shall issue a Certificate of Compliance (“Certificate”) to Developer stating that after the most recent periodic or special review and based upon the information known or made known to City that:
(i) this Agreement remains in effect and (ii) Developer is not in default. City shall not be bound by a Certificate if a default existed at the time of the periodic or special review but was concealed from or otherwise not known to City, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Developer.

Section 21. Relationship of Parties
It is specifically understood and agreed by and between the parties hereto that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder. City and Developer also hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners.

Section 22. No Third Party Beneficiaries
The only parties to this Agreement are Developer and City. There are no third-party beneficiaries, and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.

Section 23. Assignment of Rights
Developer shall have the right to assign its rights and obligations under this Agreement, by giving prior written notice to City Manager, to any entity in which Developer, or its principal shareholders, retain a majority ownership interest so long as such assignee expressly assumes the obligations of Developer hereunder. Otherwise, Developer may not assign all or any portion of its rights hereunder nor delegate all or any portion of its duties and obligations hereunder without Item Number: 4.

the prior written consent of City, which consent shall not be unreasonably withheld.

Section 24. Severability
If any term, provision, covenant or condition of this Agreement is repealed by referendum or is held by a court of competent jurisdiction or an authorized government enforcement agency to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Section 25. Singular and Plural; Gender; and Person
Except where the context requires otherwise, the singular of any word shall include the plural and vice versa; and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to “person” shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.

Section 26. Time Is of the Essence
Time is of the essence of this Agreement and of each and every term and condition hereof.

Section 27. Waiver
All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to an Event of Default as defined in this Agreement. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance and specific performance by the other party in the future. In addition, no express written waiver of any Event of Default shall affect any other Event of Default or cover any period of time other than as specified in such express waiver.

Section 28. Amendments
This Agreement may be amended from time to time by mutual consent of the original parties or their successors in interest, with City's costs payable by amendment applicants, in accordance with the provisions of Government Code Sections 65867 and 65868 and City's adopted procedures and requirements for the consideration of amendments to development agreements. Minor revisions, as described above, shall not require an amendment to this Agreement.

Section 29. Ambiguities or Uncertainties
Item Number: 4.

The parties hereto have mutually negotiated the terms and conditions of this Agreement and each party received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of both parties and neither party shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party.

Section 30. Hold Harmless
Developer hereby agrees to, and shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer's officers’, agents’, consultants’, employees’, contractors’ or subcontractors’ negligent, willful or reckless conduct performed under this Agreement.

Section 31. Indemnification
Developer shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) any prior agreements by and between City and Developer; (ii) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved by City; (iii) any environmental determination made by City in connection with the Project Site, the Project or this Agreement; and (iv) any proceedings or other actions undertaken by City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items, any portion thereof, or any provision of this Agreement, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel by City.

Section 32. Delays in Performance
In addition to any other provisions of this Agreement with respect to delay, Developer Item Number: 4.

and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion; major acts of terrorism occurring in the United States of America; riots, strikes, picketing, pandemics or other labor disputes; shortage of materials or supplies; damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties; litigation, acts or neglect of the other party; restrictions imposed or mandated by governmental or quasi-governmental entities; and/or enactment of conflicting provisions of the Constitution, laws of the United States of America, the State of California, or any codes, statutes, regulations or executive mandates promulgated thereunder. If written notice of such delay is given to either party within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon.

Section 33. Events of Default
A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: (i) a warranty, representation, or statement made or furnished by Developer expressly in this Agreement to City or by City to Developer is false or proves to have been false in any material respect when it was made, and/or (ii) a finding by City made following a periodic review of the Agreement under the procedure provided for in Section 20 of this Agreement, based on substantial evidence, that Developer has not complied in good faith with one or more of the terms or conditions of this Agreement, and/or (iii) Developer’s failure to perform any of its material obligations under this Agreement (each, an “Event of Default”). Upon the occurrence of an Event of Default by Developer or City, the nondefaulting party shall provide the other party thirty (30) calendar days written notice specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured (“Notice of Default”). Subject to any extensions of time by mutual consent of the parties in writing, and subject to the provisions of Section 32 of this Agreement, the failure or unreasonable delay by either party to perform any material term or provision of this Agreement for a period of thirty (30) days after the dispatch of a written notice of default from the other party, or a determination that a warranty, representation, or statement made or furnished by Developer expressly in this Agreement to City is false or proves to have been false in any material respect when it was made, shall constitute a material breach and default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30) calendar day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period.

Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of an Event of Default, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or whether any further building permits shall be issued with respect to the Project Site.

Section 34. General Default Remedies
Subject to Section 38 (No Damages Relief) of this Agreement, after notice and Item Number: 4.

expiration of the thirty (30) calendar day period without cure, the non-defaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement pursuant to California Government Code Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief. Any rights or remedies available to non-defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement shall be distinct and separate, providing the non-defaulting party with cumulative rights and remedies. None of such rights or remedies, whether or not exercised by the non-defaulting party, shall be deemed to exclude any other rights or remedies available to the non-defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the nondefaulting party considers appropriate.

Section 35. No Building Permit upon Developer Default
No building permit shall be issued or building permit application accepted for any structure or improvement on the Project Site after Developer is determined by a court of competent jurisdiction to be in default of any of the material terms and conditions of this Agreement, until such default thereafter is cured by Developer or is waived by City. If City lawfully terminates this Agreement because of Developer's default, then City shall retain any and all benefits, including without limitation any money, improvements, structures, easements or dedications received by City pursuant to any term or condition of this Agreement, and/or Project entitlements.

Section 36. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 37. Venue
In the event that suit is brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Central District of California, Riverside, California.

Section 38. No Damages Relief
Notwithstanding anything else in this Agreement to the contrary, Developer acknowledges that the City would not have entered into this Agreement had it been exposed to damage claims from Developer for any breach hereof. As such, the parties agree that in no event shall Developer be entitled to recover damages of any kind whatsoever against City for breach of this Agreement.

Item Number: 4.

Section 39. Legal Action; Attorneys’ Fees
Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. The prevailing party in any such action shall be entitled to its reasonable attorneys’ fees and costs to be paid by the losing party.

Section 40. Notices
Any notice or communication required hereunder between City and Developer shall be in writing and may be given either personally or by registered mail, return-receipt requested.

Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

To City:

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attention: City Manager
To Developer:

JHW Land Investments, Inc.
7957 Hemingway Ave
San Diego, CA 92120
Section 41. Entire Agreement
This Agreement and the exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the exhibits attached hereto, any prior correspondence, memoranda, warranties, representations and agreements unless otherwise provided in this Agreement, are superseded in total by this Agreement and the exhibits attached hereto.

Section 42. Recordation; Subordination
Item Number: 4.

a. In order to comply with Section 65868.5 of the Development Agreement Statute, the parties do hereby direct City Clerk to cause a copy of this Agreement to be recorded with the Riverside County Recorder’s Office within ten (10) days after the Enacting Ordinance takes effect.
b. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any mortgage. In the event the Property is encumbered with a lien (including without limitation a lien held by or in favor of any lenders, lessees and other interested parties) at time of recordation of this Agreement, Developer shall ensure any and all such otherwise superior liens are subordinated to this Agreement, to the reasonable satisfaction of City. Notwithstanding the foregoing and except as otherwise specifically stated in the terms of any security instrument held by a mortgagee, no default under this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Project Site made, or their interest in the Property acquired by, any mortgagee in good faith and for value.

Section 43. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 44. Consistency of Entitlements with Agreement
The parties hereto acknowledge that it is their intention that all terms, conditions and obligations of any and all entitlements related to the Project Site and/or Project, or arising from this Agreement shall be consistent with, or at minimum, shall not conflict with, the terms, provisions and obligations of this Agreement.

Section 45. Authority to Execute Agreement
The person or persons executing this Agreement on behalf of Developer and City warrant and represent that they have the authority to execute this Agreement and the authority to bind Developer and City, as applicable, to the performance of their respective obligations hereunder.

Section 46. Covenant of Good Faith and Fair Dealing
No party shall do anything which shall have the effect of injuring the right of another party to receive the benefits of this Agreement or do anything which would render its performance under this Agreement impossible. Each party shall perform all acts contemplated by this Agreement to accomplish the objectives and purposes of this Agreement.

Section 47. Partial Invalidity Due to Governmental Action Item Number: 4.

In the event state or federal laws or regulations enacted after the effective date of this Agreement, or formal action of any governmental entity other than City, prevent compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by City, the parties agree that the provisions of this Agreement shall be modified, extended or suspended only to the minimum extent necessary to comply with such laws or regulations.

Section 48. Further Actions and Instruments
The parties agree to provide reasonable assistance to the other and cooperate to carry out the intent and fulfill the provisions of this Agreement. Each of the parties shall promptly execute and deliver all documents and perform all acts as necessary to carry out the matters contemplated by this Agreement.
[THIS PORTION LEFT BLANK INTENTIONALLY]
Item Number: 4.

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

CITY OF DESERT HOT SPRINGS
APPROVED:

By: ___________________________
Scott Mattas, Mayor

ATTEST:

By: ___________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

By: ____________________________
Jennifer Mizrahi, City Attorney

DEVELOPER
APPROVED:
*By:____________________________
____________________________
Name/Title
*By:____________________________
____________________________
Name/Title
*Signatures must be notarized.

APPROVED AS TO FORM:

By: _____________________
Legal Counsel
Item Number: 4.

LIST OF EXHIBITS
Exhibit A: Description of Property
Item Number: 4.

EXHIBIT “A”

DESCRIPTION OF PROPERTY
[SEE ATTACHED]
Legal Description
656-030-005

10.00 ACRES IN POR NW 1/4 OF SEC 6 T3S R5E FOR TOTAL DESCRIPTION SEE

ASSESSORS MAPS
656-030-006

5.00 ACRES IN POR NW 1/4 OF SEC 6 T3S R5E FOR TOTAL DESCRIPTION SEE

ASSESSORS MAPS
656-030-007

5.00 ACRES IN POR NW 1/4 OF SEC 6 T3S R5E FOR TOTAL DESCRIPTION SEE

ASSESSORS MAPS
656-030-008

5.00 ACRES IN POR NW 1/4 OF SEC 6 T3S R5E FOR TOTAL DESCRIPTION SEE

ASSESSORS MAPS
Item Number: 4.

Residences at Ovation
Site Plan
Item Number: 4.

Residences at Ovation
Site Plan
Street Improvements

1. Base material

2. Asphalt Concrete

3. Curb and Gutter

4. Sidewalk

5. Landscaping

6. Streetlights
(BOTH SIDES OF STREET)
15th Ave / Camino Campanero
Item Number: 4.

Residences at Ovation
Site Plan
Street Improvements

1. Base material

2. Asphalt Concrete

3. Curb and Gutter

4. Sidewalk

5. Landscaping

6. Streetlights
(BOTH SIDES OF STREET)
15th Ave / Camino Campanero
Item Number: 4.

SR-22-062
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 15, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Transition From At-Large to By-District Elections (Public Hearing No. 3) RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing receiving public testimony as part of the administrative record; 8) City Council discussion and questions to Staff; and
9) Review draft maps 1-3 and provide direction on which map the City Council prefers; or provide direction for the demographer to create a new map or maps to review at the next public hearing scheduled for April 5, 2022.

BACKGROUND:

On November 1, 2021, the City received a certified letter from attorney Kevin I. Shenkman of the law firm Shenkman & Hughes, on behalf of his client, the Southwest Voter Registration Project, asserting that the City's at-large election system may violate the CVRA and threatening litigation if the City does not voluntarily transition to a district-based election system for electing its City Council.

On December 8, 2021, the City Council adopted Resolution No. 2021-071 declaring its intent to transition from at-large to by-district elections, establishing the City’s compliance with Elections Code Section 10010, and a step-by-step process for the transition, which requires significant public participation.

On February 15, 2022 and March 1, 2022, the City Council held the first 2 required public hearings. At those hearings, the City Council received a presentation from Staff and its demographer, Bear Demographics & Research, regarding legal requirements to be considered, the criteria for creating district boundaries, and the public input process.

The purpose of the first two public hearings was to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries.

Item Number: 5.

SR-22-062
Three public workshops have been held to inform the public as well, with the first two taking place on February 17, 2022 and February 24, 2022 prior to the second City Council hearing. A third public workshop was held on March 9, 2022 at 6:00 P.M. Members of the public were invited to attend inperson at City Hall or virtually via the Zoom platform.

DISCUSSION:

Since the last Public Hearing, the Demographer has provided 3 draft map options for consideration. In accordance with the California Fair Maps Act, district boundaries were drawn using the following criteria in the listed order of priority:
1) The Council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
2) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. 3) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates. 4) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
5) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. 6) The Council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.

As required by law, the draft maps were made available on the City's website on March 8, 2022, at least seven days prior to today’s Council Public Hearing.

Next Steps:

Review draft maps 1-3 and provide direction on which map the Council prefers, or provide direction for the demographer to create a new map or maps to review at the next public hearing. A final district map will be presented at Public Hearing No. 4 currently scheduled for April 5, 2022.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Draft Map No. 1
Item Number: 5.

SR-22-062
Exhibit 2 - Draft Map No. 2
Exhibit 3 - Draft Map No. 3
Exhibit 4 - Staff Report from December 8, 2021
Exhibit 5 - Staff Report from February 15, 2022 (Hearing No. 1) Exhibit 6 - Staff Report from March 1, 2022 (Hearing No. 2) Item Number: 5.

DRAFT MAP #1
2 Item Number: 5.

3 Item Number: 5.

4 Item Number: 5.

5 Item Number: 5.

6 Item Number: 5.

7 Item Number: 5.

8 Item Number: 5.

Population Deviation % Deviation Latino White Black American Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
1 8201 14 0.2% 77.0% 12.7% 6.8% 0.7% 1.2% 0.1% 0.8% 0.6% 8137 2 8142 -45 -0.5% 51.4% 34.1% 7.7% 1.6% 3.4% 0.3% 1.0% 0.5% 8102 3 8220 33 0.4% 61.4% 22.9% 10.2% 1.5% 2.2% 0.2% 0.9% 0.7% 8147 4 8184 -3 0.0% 54.7% 29.3% 9.5% 1.1% 3.3% 0.3% 1.2% 0.6% 8126 City 32747 61.1% 24.7% 8.5% 1.3% 2.5% 0.2% 1.0% 0.6% 32512 Latino White Black American
Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
Latino White Black Asian All Other
1 73.7% 15.6% 7.0% 0.8% 1.5% 0.1% 0.7% 0.6% 54.8% 24.5% 16.5% 3.1% 1.1% 2 45.6% 39.5% 7.2% 2.0% 3.8% 0.3% 1.0% 0.5% 33.6% 51.2% 10.5% 3.5% 1.1% 3 56.8% 27.5% 9.5% 1.6% 2.7% 0.3% 1.0% 0.7% 36.0% 46.0% 13.7% 2.5% 1.7% 4 49.0% 35.6% 8.2% 1.3% 3.7% 0.3% 1.2% 0.5% 32.6% 47.4% 14.4% 3.6% 2.1% City 56.0% 29.8% 8.0% 1.4% 3.0% 0.2% 1.0% 0.6% 38.8% 42.7% 13.8% 3.2% 1.5% District
Less than
$35K
$35K to
$74,999
$75K to
$149,999
$150K or
More
Income
Below
Poverty
No High
School
Diploma
No College
Degree
Any
College
Degree
Owner
Occupied
Housing
English
Only Spanish Asian Language
Other
Language
1 54.8% 30.9% 13.4% 0.9% 34.7% 33.6% 49.4% 17.0% 42.5% 46.4% 48.4% 2.6% 2.6% 2 42.3% 33.4% 20.1% 4.3% 25.8% 18.9% 59.0% 22.1% 57.4% 67.4% 28.2% 1.9% 2.4% 3 57.8% 26.0% 12.7% 3.4% 32.1% 26.8% 59.5% 13.7% 33.6% 63.5% 33.2% 1.7% 1.6% 4 48.7% 33.5% 15.6% 2.2% 27.4% 24.0% 54.7% 21.3% 50.2% 50.0% 46.5% 1.7% 1.9% City 51.0% 30.9% 15.4% 2.7% 30.1% 25.9% 55.6% 18.5% 45.8% 56.2% 39.7% 2.0% 2.1% Household Income
2020 Census State Adjusted Population
Desert Hot Springs Draft Map 1
2020 Census
Unadjusted
Education Level
2019 American Community Survey Socio-economic Characteristics 2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population Language Spoken at Home
Population
9 Item Number: 5.

DRAFT MAP #2
10 Item Number: 5.

11 Item Number: 5.

12 Item Number: 5.

13 Item Number: 5.

14 Item Number: 5.

15 Item Number: 5.

16 Item Number: 5.

Population Deviation % Deviation Latino White Black American Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
1 8087 -100 -1.2% 76.4% 13.0% 7.6% 0.7% 1.0% 0.1% 0.6% 0.5% 8010 2 8057 -130 -1.6% 49.6% 36.4% 7.0% 1.5% 3.6% 0.3% 1.0% 0.5% 8025 3 8245 58 0.7% 60.3% 23.8% 9.9% 1.7% 2.3% 0.2% 1.2% 0.7% 8184 4 8358 171 2.1% 58.3% 25.8% 9.6% 1.2% 3.1% 0.3% 1.1% 0.6% 8293 City 32747 61.1% 24.7% 8.5% 1.3% 2.5% 0.2% 1.0% 0.6% 32512 Latino White Black American
Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
Latino White Black Asian All Other
1 73.2% 15.7% 7.8% 0.8% 1.4% 0.1% 0.5% 0.5% 53.2% 26.0% 16.6% 2.9% 1.3% 2 43.6% 42.3% 6.6% 1.7% 4.0% 0.2% 1.1% 0.5% 29.7% 55.5% 8.4% 4.6% 1.7% 3 55.1% 28.8% 9.2% 1.9% 2.8% 0.3% 1.2% 0.7% 40.1% 40.9% 15.3% 2.6% 1.0% 4 53.6% 31.1% 8.4% 1.3% 3.5% 0.4% 1.2% 0.6% 34.9% 45.3% 15.3% 2.7% 2.0% City 56.0% 29.8% 8.0% 1.4% 3.0% 0.2% 1.0% 0.6% 38.8% 42.7% 13.8% 3.2% 1.5% District
Less than
$35K
$35K to
$74,999
$75K to
$149,999
$150K or
More
Income
Below
Poverty
No High
School
Diploma
No College
Degree
Any
College
Degree
Owner
Occupied
Housing
English
Only Spanish Asian Language
Other
Language
1 56.1% 29.2% 13.7% 1.1% 34.9% 33.2% 51.2% 15.6% 34.6% 49.8% 45.5% 2.5% 2.3% 2 42.5% 32.7% 21.2% 3.6% 25.6% 20.4% 56.1% 23.5% 65.6% 59.7% 35.7% 2.3% 2.4% 3 54.5% 29.8% 11.8% 3.8% 31.7% 26.6% 58.1% 15.3% 42.3% 61.6% 34.5% 1.7% 2.3% 4 51.0% 31.8% 14.9% 2.2% 28.2% 23.9% 56.7% 19.4% 41.1% 54.3% 42.6% 1.5% 1.6% City 51.0% 30.9% 15.4% 2.7% 30.1% 25.9% 55.6% 18.5% 45.8% 56.2% 39.7% 2.0% 2.1% 2019 American Community Survey Socio-economic Characteristics Household Income Education Level Language Spoken at Home Desert Hot Springs Draft Map 2
2020 Census State Adjusted Population 2020 Census
Unadjusted
Population
2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population 17 Item Number: 5.

DRAFT MAP #3
18 Item Number: 5.

19 Item Number: 5.

20 Item Number: 5.

21 Item Number: 5.

22 Item Number: 5.

23 Item Number: 5.

24 Item Number: 5.

Population Deviation % Deviation Latino White Black American Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
1 8201 14 0.2% 77.0% 12.7% 6.8% 0.7% 1.2% 0.1% 0.8% 0.6% 8137 2 7922 -265 -3.2% 49.6% 35.6% 7.8% 1.6% 3.6% 0.3% 1.0% 0.6% 7892 3 8140 -47 -0.6% 59.0% 25.0% 9.8% 1.8% 2.3% 0.2% 1.1% 0.7% 8067 4 8484 297 3.6% 58.7% 25.9% 9.7% 1.0% 2.9% 0.3% 1.0% 0.6% 8416 City 32747 61.1% 24.7% 8.5% 1.3% 2.5% 0.2% 1.0% 0.6% 32512 Latino White Black American
Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
Latino White Black Asian All Other
1 73.7% 15.6% 7.0% 0.8% 1.5% 0.1% 0.7% 0.6% 54.8% 24.5% 16.5% 3.1% 1.1% 2 44.2% 40.8% 7.2% 1.9% 4.0% 0.3% 1.0% 0.6% 32.4% 51.9% 10.7% 3.5% 1.4% 3 54.2% 30.0% 9.0% 1.8% 2.9% 0.3% 1.1% 0.7% 37.2% 46.1% 12.6% 2.8% 1.3% 4 52.9% 32.0% 8.6% 1.2% 3.4% 0.3% 1.1% 0.4% 32.2% 46.7% 15.4% 3.5% 2.3% City 56.0% 29.8% 8.0% 1.4% 3.0% 0.2% 1.0% 0.6% 38.8% 42.7% 13.8% 3.2% 1.5% District
Less than
$35K
$35K to
$74,999
$75K to
$149,999
$150K or
More
Income
Below
Poverty
No High
School
Diploma
No College
Degree
Any
College
Degree
Owner
Occupied
Housing
English
Only Spanish Asian Language
Other
Language
1 54.8% 30.9% 13.4% 0.9% 34.7% 33.6% 49.4% 17.0% 42.5% 46.4% 48.4% 2.6% 2.6% 2 40.5% 33.9% 21.2% 4.4% 24.5% 17.5% 59.7% 22.8% 60.2% 69.7% 26.0% 1.9% 2.4% 3 54.8% 28.0% 13.6% 3.6% 32.2% 25.8% 59.6% 14.6% 37.1% 62.8% 33.7% 1.7% 1.8% 4 52.6% 31.4% 14.1% 1.9% 28.3% 26.0% 53.8% 20.2% 45.3% 48.9% 47.7% 1.7% 1.7% City 51.0% 30.9% 15.4% 2.7% 30.1% 25.9% 55.6% 18.5% 45.8% 56.2% 39.7% 2.0% 2.1% 2019 American Community Survey Socio-economic Characteristics Household Income Education Level Language Spoken at Home Desert Hot Springs Draft Map 3
2020 Census State Adjusted Population 2020 Census
Unadjusted
Population
2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population 25 Item Number: 5.

SR-21-295
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 8, 2021
Department: City Clerk
Prepared by: Jennifer Mizrahi, City Attorney
Subject: Resolution Declaring Intention to Transition From At-Large to By-District Elections and Setting Forth the Process for Transitioning to By-District Elections
RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intent to transition from at-large to by-district elections and setting forth the process for transitioning to by-district elections.

BACKGROUND:

The Desert Hot Springs Municipal Code provides that members of the City Council are currently elected by at-large elections, as each member is elected by the registered voters of the entire city. The California Voting Rights Act (the "CVRA") became law in 2003 and provides a means for prospective plaintiffs to allege racially polarized voting and to seek a change from a jurisdiction's at-large election system to a different system, typically a by-district or by-division election system where only registered voters within a specific district may vote for a candidate running from their specific district, and also allows for the recovery of a plaintiffs' attorneys' fees.

A violation of the CVRA may be established if it is shown that racially polarized voting has combined with an at-large voting system to impair the ability of a protected class of voters to elect candidates of its choice or to influence the outcome of an election. "Racially polarized voting" under the CVRA means voting in which there is a difference between the choice of candidates or other electoral choices that are preferred by voters in a protected class and in the choice of candidates and electoral choices preferred by voters in the rest of the electorate.

On November 1, 2021, the City received a certified letter from attorney Kevin I. Shenkman of the law firm Shenkman & Hughes, on behalf of his client, the Southwest Voter Registration Project, asserting that the City's at-large election system may violate the CVRA and threatening litigation if the City does not voluntarily transition to a district-based election system for electing its City Council. The City denies that its election system violates the CVRA or any other similar law whatsoever in connection with the manner in which it has conducted its City Council elections.

The City Council has nevertheless determined that the public interest would be served by transitioning to a district-based electoral system because of (1) the high cost to defend against a CVRA lawsuit, (2) the risk of losing such a lawsuit, which would require the City to pay the prevailing plaintiffs’ attorneys’ fees and costs, and (3) the availability of changing to district elections under the safe harbor provisions.

Item Number: 5.

SR-21-295
The City Council expresses its desire and intent that the district-based election system be implemented in a way that will minimize divisiveness in the community. The Resolution (Exhibit 1) establishes the City’s compliance with Elections Code Section 10010, and a step-by-step process for the transition, which requires significant public participation.

Procedure
Prior to the City's consideration and approval of an ordinance establishing boundaries for a by-district election system, Elections Code Section 10010 outlines procedural rules and requires all of the following steps:

A) Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts; B) After all maps are drawn, the City shall publish and make available for release at least one draft map, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of elections shall also be published; C) The City Council shall also hold at least two (2) additional public hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map(s) and the proposed sequence of elections, if applicable; and D) The first version of a draft map shall be published at least seven (7) days before consideration at a public hearing. If a draft map is revised at or following a public hearing, it shall be published and made available to the public for at least seven (7) days before being adopted.

The City shall take the following actions, within the time frames established by Elections Code Section 10010 following the effective date of this Resolution, taking into consideration time required for public outreach and input, agenda requirements under the Brown Act, and the City Council' meeting schedule:

A) Hiring of a qualified demographer to provide demographic services and assist in the preparation of proposed district maps;
B) Conduct public outreach, including to non-English speaking communities, to explain the districting process and to encourage public participation; C) Before drawing a draft map or maps of the proposed district boundaries, hold at least two (2) public hearings at which the public is invited to provide input regarding the composition of the districts and to consider district boundaries as provided in Elections Code Section 10010; D) After drawing a draft map or maps, publish the draft map(s) and the potential sequence of the district elections and hold at least two (2) public hearings at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections; and E) Adopt an ordinance establishing district elections, including the adoption of a district boundary map and the sequence of the district elections.

Item Number: 5.

SR-21-295
The following is a tentative timeline for consideration and implementation of a "district-based" election method.

Date Event
November 1, 2021 City received demand letter.

December 8, 2021 Adoption of Resolution of Intention to Transition to By District Elections.

February 1, 2022 Public hearing to give background on CVRA, introduce mapping tools and information on process.

February 15, 2022 Public hearing to give background on CVRA, introduce mapping tools and information on process.

March 1, 2022 First public hearing where maps can be drawn.

April 5, 2022 Second public hearing to confirm maps and sequencing.

June 7, 2022 Introduction and first reading of Ordinance.

June 21, 2022 Second reading and adoption of Ordinance.

FISCAL IMPACT:

The estimated cost for demographer and public outreach services is between $50-100k. The City Clerk's Office is in the process of obtaining quotes for said services.

The annual budget will be adjusted to accommodate this additional expenditure and will be included in the Mid-Year Budget Adjustments.

ATTACHMENTS:

Exhibit 1 - CVRA Resolution Establishing Intent to Transition to Districts Exhibit 2 - CVRA Demand Letter February 1, 2021
Item Number: 5.

SR-22-039
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 15, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Transition From At-Large to By-District Elections (Public Hearing No. 1) RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Conclude the first Public Hearing receiving public testimony as part of the administrative record.

BACKGROUND:

The Desert Hot Springs Municipal Code provides that members of the City Council are currently elected by at-large elections, as each member is elected by the registered voters of the entire city. The California Voting Rights Act (the "CVRA") became law in 2003 and provides a means for prospective plaintiffs to allege racially polarized voting and to seek a change from a jurisdiction's at-large election system to a different system, typically a by-district or by-division election system where only registered voters within a specific district may vote for a candidate running from their specific district, and also allows for the recovery of a plaintiffs' attorneys' fees.

On November 1, 2021, the City received a certified letter (Exhibit 1) from attorney Kevin I. Shenkman of the law firm Shenkman & Hughes, on behalf of his client, the Southwest Voter Registration Project, asserting that the City's at-large election system may violate the CVRA and threatening litigation if the City does not voluntarily transition to a district-based election system for electing its City Council.

On December 8, 2021, the City Council adopted Resolution No. 2021-071 (Exhibit 2) declaring its intent to transition from at-large to by-district elections, establishing the City’s compliance with Elections Code Section 10010, and a step-by-step process for the transition, which requires significant public participation.

Item Number: 5.

SR-22-039
DISCUSSION:

Prior to the City's consideration and approval of an ordinance establishing boundaries for a by-district election system, Elections Code Section 10010 outlines procedural rules and requires all of the following steps:

A) Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts; B) After all maps are drawn, the City shall publish and make available for release at least one draft map, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of elections shall also be published; C) The City Council shall also hold at least two (2) additional public hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map(s) and the proposed sequence of elections, if applicable; and D) The first version of a draft map shall be published at least seven (7) days before consideration at a public hearing. If a draft map is revised at or following a public hearing, it shall be published and made available to the public for at least seven (7) days before being adopted.

The City shall take the following actions, within the time frames established by Elections Code Section 10010 following the effective date of this Resolution, taking into consideration time required for public outreach and input, agenda requirements under the Brown Act, and the City Council' meeting schedule:

A) Hiring of a qualified demographer to provide demographic services and assist in the preparation of proposed district maps;
B) Conduct public outreach, including to non-English speaking communities, to explain the districting process and to encourage public participation; C) Before drawing a draft map or maps of the proposed district boundaries, hold at least two (2) public hearings at which the public is invited to provide input regarding the composition of the districts and to consider district boundaries as provided in Elections Code Section 10010; D) After drawing a draft map or maps, publish the draft map(s) and the potential sequence of the district elections and hold at least two (2) public hearings at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections; and E) Adopt an ordinance establishing district elections, including the adoption of a district boundary map and the sequence of the district elections.

In accordance with the above, the timeline of events and implementation of a "district-based" election method is as follows:

Date Event
November 1, 2021 City received demand letter.

Item Number: 5.

SR-22-039
Date Event
December 8, 2021 Adoption of Resolution of Intention to Transition to By District Elections.

February 15, 2022
Public Hearing No. 1 (Pre-Draft Map)
Summary of District Formation/Redistricting Law, Criteria, Process, and 2020 Census
March 1, 2022 Public Hearing No. 2 (Pre-Draft Map)
March 8, 2022 Draft Map(s) Published on City Website
March 15, 2022 Public Hearing No. 3 (Pre-Final Map)
Presentation and Adoption of DRAFT District Boundaries Map April 5, 2022/TBD
Public Hearing No. 4
Presentation and Adoption of FINAL District Boundaries Map (First Reading of Ordinance)
April 19, 2022/TBD Adoption of FINAL District Boundaries Map (Second Reading of Ordinance)
FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Council District Formation Process FAQ
Exhibit 2 - District Formation Presentation
Exhibit 3 - Resolution 2021-071 Declaring Intent to Transition to By-District Elections Exhibit 4 - Staff Report from December 8, 2021
Exhibit 5 - CVRA Demand Letter February 1, 2021
Item Number: 5.

SR-22-042
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 1, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Transition From At-Large to By-District Elections (Public Hearing No. 2) RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Conclude the second Public Hearing receiving public testimony as part of the administrative record.

BACKGROUND:

On November 1, 2021, the City received a certified letter from attorney Kevin I. Shenkman of the law firm Shenkman & Hughes, on behalf of his client, the Southwest Voter Registration Project, asserting that the City's at-large election system may violate the CVRA and threatening litigation if the City does not voluntarily transition to a district-based election system for electing its City Council.

On December 8, 2021, the City Council adopted Resolution No. 2021-071 declaring its intent to transition from at-large to by-district elections, establishing the City’s compliance with Elections Code Section 10010, and a step-by-step process for the transition, which requires significant public participation.

On February 15, 2022, the City Council held the 1st required public hearing. At that meeting, the City Council received a presentation from Staff and its demographer, David Ely of Bear Demographics & Research, regarding legal requirements to be considered, the criteria for creating district boundaries, and the public input process.

The purpose of the first two public hearings is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries.

Following this hearing, the map drawing phase of the process will begin. This involves the City's demographer using 2020 Census data, City Council direction, and public input to draw draft maps for Item Number: 5.

SR-22-042
consideration at Public Hearing No. 3 on March 15, 2022. A final district map will be presented at Public Hearing No. 4 currently scheduled for April 5, 2022.

In addition to the required public hearings, public workshops were held on Thursday, February 17, 2022 and Thursday, February 24, 2022. A third public workshop will be held on March 9, 2022 at 6:00 P.M.

Members of the public are invited to attend in-person at City Hall or virtually via the Zoom platform.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from December 8, 2021
Exhibit 2 - Staff Report from February 15, 2022
Item Number: 5.

SR-22-063
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 15, 2022
Department: City Council
Prepared by: Nicholas Haecker, Public Works Director
Subject: Award Professional Services Agreement - Musco Sports Lighting RECOMMENDATION:

Authorize the City Manager to execute a Professional Services Agreement with Musco Sports Lighting, LLC. for the design and installation of light-structure systems and Musco Vision camera systems for Mission Springs Park and Wardman Park in the amount not to exceed $663,990.00 with a contingency amount of $66,399.00 (10%), for any additional work as approved by the City. The total budget amount is $730,389.00.

BACKGROUND:

Youth soccer programs and Junior All American Football programs currently utilize Mission Springs park fields for all practices and games. The Little League program currently utilizes Wardman Park baseball fields for all practices and games.

To continue to service our community through youth athletic programs, and to improve our facilities, lighting and modern technology installations are needed. At night, Mission Springs Park currently has approximately 101,700 square feet of unusable athletic space due to a lack of sufficient lighting. This area is located at the southern section of grass fields at Mission Springs Park. At night, Wardman Park currently has approximately 21,750 square feet of unusable athletic space due to a lack of sufficient lighting. This area is located at the northeast corner of the baseball fields at Wardman Park.

Staff requested a photometric study to be performed by Musco Sports Lighting, LLC. in these two locations. The photometric study concluded that there was not sufficient lighting for youth athletic programs to be performed safely in these two locations.

Additionally, to provide additional services to our community that are not able to attend the youth athletic programs, a state-of-the-art streaming system will be installed as part of this scope of work. Musco Vision utilizes a two-camera system with Artificial Intelligence technology that tracks the movement of field of play. This will allow parents, family members and friends that are not able to attend the games in person an opportunity to watch the games live.

DISCUSSION:

Staff reviewed the Musco Sports Lighting, LLC. photometric study and proposal to create a design and install five (5) light structure systems. Three (3) of the light structure systems are proposed on the southern section of Mission Springs park. Two (2) of the light structure systems are proposed on the Item Number: 6.

SR-22-063
northeast corner of the baseball fields at Wardman Park. A photometric study was included in the proposals guaranteeing light levels of 15 foot-candles average with a 25:1 uniformity. This lighting guarantee would provide sufficient lighting to make both locations usable at night for youth athletic programs.

Staff also reviewed the proposals for the state-of-the-art streaming system. Two (2) systems will be installed at Mission Springs Park to cover two soccer fields. One (1) system will be installed at Wardman Park to cover the main baseball field. The cost summary of the proposals are as follows; Description Total
Mission Springs Park - Musco Lighting $ 329,000.00
Mission Springs Park - Tax $ 25,497.50
Mission Springs Park - Musco Vision $ 67,000.00
Wardman Park - Musco Lighting $ 187,000.00
Wardman Park - Tax $ 14,492.50
Wardman Park - Musco Vision $ 41,000.00
Total $ 663,990.00
10% Contingency $ 66,399.00
Total Budget $ 730,389.00
During the review, Staff determined that Musco Sports Lighting, LLC. Met the qualifications for awarding a Professional Services Agreement without the requirement of a Request for Proposal (RFP), as defined in the Desert Hot Springs Municipal Code 3.44.180A. "The selection of professional services is to be based on demonstrated competence and professional qualifications necessary for satisfactory performance of services required, as so determined by the Department Head. The emphasis for selection is therefore based upon qualifications, rather than the lowest price." Musco Sports Lighting, LLC. met these qualifications by proving the highest qualified services based on the following:
• Musco Sports Lighting, LLC is the current provider for all the City of Desert Hot Springs parks sports lighting. All sports lighting equipment in the parks is Musco equipment, all upgrades and improvements must be Musco equipment to function properly. • Musco Sports Lighting, LLC has its own proprietary technology, parts, and services, that no other company can provide.
• Over 46 years of design and manufacturing of sports lighting systems from hometown Little League fields to professional sports stadiums world-wide.

If approved, this professional service agreement will include the design, materials, electrical engineering, geotechnical engineering and installation of five (5) Musco LED lighting equipment, two security light poles and three (3) Musco Vision Camera Systems.

FISCAL IMPACT:

Funding will come from the available fund balance in the City's General Capital Improvement Fund.

ATTACHMENTS:

Exhibit 1 - Mission Springs Park Lighting System Design Exhibit 2 - Wardman Park Lighting System Design
Exhibit 3 - MuscoVision Automated Sports Broadcasting System Item Number: 6.

SR-22-063
Exhibit 4 - 2022-097 CONTRACT WARDMAN PK-MISSION SPRINGS PK LIGHTING-CAMERAMUSCO SPORTS LIGHTING Exhibit 5 - Scope of Work Wardman Park Baseball 2-24-22 Exhibit 6 - Scope of Work Mission Springs Soccer Quote 2-24-22 Item Number: 6.

PROJECT SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #177591B · 07-Oct-21 Sports Lighting, LLC. ©1981, 2021 Musco Sports Lighting, LLC.

Mission Springs Park Phase 2
Desert Hot Springs,CA
LighƟng System
Pole / Fixture Summary
Pole ID Pole Height Mtg Height Fixture Qty Luminaire Type Load Circuit S5-S7 70' 70' 5 TLC-LED-1500 7.15 kW C
30' 1 CREE OSQ 0.10 kW D
3 18 21.76 kW
Circuit Summary
Circuit Description Load Fixture Qty
C S7 21.45 kW 15
D Security 0.31 kW 3
Fixture Type Summary
Type Source Wattage Lumens L90 L80 L70 Quantity
TLC-LED-1500 LED 5700K - 75 CRI 1430W 160,000 >120,000 >120,000 >120,000 15 CREE OSQ LED 5700K - 70 CRI 104W 12,573 -- -- -- 3
Light Level Summary
Calculation Grid Summary
Illumination Grid Name Calculation Metric Ave Min Max Max/Min Ave/Min Circuits Fixture Qty Practice (Full Field) Spill Horizontal Illuminance 0.04 0 0.10 91.95 35.90 A,B,C,D 18 Practice (Full Field) Spill Max Candela Metric 12374 249 34856 140.14 49.75 A,B,C,D 18 Practice (Full Field) Spill Max Vertical Illuminance Metric 0.17 0.01 0.41 74.94 33.74 A,B,C,D 18 Practice (Full Field) Horizontal Illuminance 19.3 2.90 38.4 13.45 6.67 A,B,C 15 Practice Horizontal Illuminance 25.3 10.1 38.4 3.80 2.50 A,B,C 15 Item Number: 6.

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #177591B · 07-Oct-21 Sports Lighting, LLC. ©1981, 2021 Musco Sports Lighting, LLC.

S5 S6 S7
11 16
16 16
14 10
18 23
26 25
19 13
25 32
34 30
22 16
27 38
37 30
25 18
20 33
34 28
23 17
18 29
30 25
21 15
24 32
30 25
21 16
30 32
30 26
21 16
31 33
31 27
20 15
31 35
34 29
21 15
31 35
34 29
21 15
32 34
32 28
22 16
29 35
33 28
24 18
22 33
32 28
23 17
18 30
33 27
22 16
21 31
30 26
22 16
29 35
32 26
22 17
32 34
32 27
21 16
30 34
34 28
21 15
30 35
35 30
21 15
30 33
32 29
21 16
30 33
32 28
23 17
25 35
33 29
25 19
19 32
34 28
23 17
20 34
35 29
24 17
26 38
37 30
25 18
24 32
34 30
22 16
17 22
25 25
19 13
10 16
16 16
14 10
70'
270'
70'
460'
70'
80'
SCALE IN FEET 1 : 60
0' 60' 120'

EQUIPMENT LIST FOR AREAS SHOWN
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING
HEIGHT

LUMINAIRE
TYPE
QTY /
POLE
THIS
GRID
OTHER
GRIDS
3 S5-S7 70' - 30'
70'

CREE OSQ
TLC-LED-1500
1 5
0 5
1 0
3 TOTALS 18 15 3
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Mission Springs Park Phase 2
Desert Hot Springs,CA

GRID SUMMARY
Name: PracƟce
Size: 560' x 180'
Spacing: 20.0' x 20.0'
Height: 3.0' above grade

ILLUMINATION SUMMARY

MAINTAINED HORIZONTAL FOOTCANDLES
EnƟre Grid
Scan Average: 25.27
Maximum: 38.4
Minimum: 10.1
Avg / Min: 2.50
Max / Min: 3.80
UG (adjacent pts): 1.70
CU: 0.73
No. of Points: 174

LUMINAIRE INFORMATION
Applied Circuits: A, B, C
No. of Luminaires: 15
Total Load: 21.45 kW
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciaƟon factor.

Field Measurements: Individual Įeld measurements may vary from computer-calculated predicƟons and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

Item Number: 6.

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #177591B · 07-Oct-21 Sports Lighting, LLC. ©1981, 2021 Musco Sports Lighting, LLC. 11 16
16 16
14 10
7 5
3 18
23 26
25 19
13 9
6 4
25 32
34 30
22 16
11 7
4 27
38 37
30 25
18 12
8 5
20 33
34 28
23 17
12 8
5 18
29 30
25 21
15 11
7 4
24 32
30 25
21 16
11 7
4 30
32 30
26 21
16 11
7 5
31 33
31 27
20 15
10 7
4 31
35 34
29 21
15 10
7 4
31 35
34 29
21 15
11 7
4 32
34 32
28 22
16 11
8 5
29 35
33 28
24 18
12 8
5 22
33 32
28 23
17 12
8 5
18 30
33 27
22 16
11 8
5 21
31 30
26 22
16 11
7 5
29 35
32 26
22 17
11 7
4 32
34 32
27 21
16 11
7 5
30 34
34 28
21 15
10 7
4 30
35 35
30 21
15 10
7 4
30 33
32 29
21 16
11 7
5 30
33 32
28 23
17 12
8 5
25 35
33 29
25 19
13 8
5 19
32 34
28 23
17 12
8 5
20 34
35 29
24 17
12 8
5 26
38 37
30 25
18 12
8 5
24 32
34 30
22 16
11 7
4 17
22 25
25 19
13 9
6 4
10 16
16 16
14 10
7 5
3 S5 S6 S7 70'
270'
70'
460'
70'
80'
SCALE IN FEET 1 : 60
0' 60' 120'

EQUIPMENT LIST FOR AREAS SHOWN
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING
HEIGHT

LUMINAIRE
TYPE
QTY /
POLE
THIS
GRID
OTHER
GRIDS
3 S5-S7 70' - 30'
70'

CREE OSQ
TLC-LED-1500
1 5
0 5
1 0
3 TOTALS 18 15 3
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Mission Springs Park Phase 2
Desert Hot Springs,CA

GRID SUMMARY
Name: PracƟce (Full Field)
Size: 560' x 180'
Spacing: 20.0' x 20.0'
Height: 3.0' above grade

ILLUMINATION SUMMARY

MAINTAINED HORIZONTAL FOOTCANDLES
EnƟre Grid
Scan Average: 19.34
Maximum: 38.4
Minimum: 2.9
Avg / Min: 6.78
Max / Min: 13.45
UG (adjacent pts): 1.70
CU: 0.83
No. of Points: 261

LUMINAIRE INFORMATION
Applied Circuits: A, B, C
No. of Luminaires: 15
Total Load: 21.45 kW
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciaƟon factor.

Field Measurements: Individual Įeld measurements may vary from computer-calculated predicƟons and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

Item Number: 6.

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #177591B · 07-Oct-21 Sports Lighting, LLC. ©1981, 2021 Musco Sports Lighting, LLC.

S5 S6 S7

0.00 0.00 0.00 0.01 0.01 0.02 0.03 0.02 0.02 0.01 0.01 0.02 0.02 0.02 0.01 0.01 0.01 0.00 0.00 0.00

0.01 0.01

0.01 0.01

0.01 0.02

0.03 0.05

0.09 0.10

0.07 0.04

0.04 0.04

0.04 0.04

0.03 0.03

0.03 0.03 0.05 0.06 0.07 0.07 0.06 0.07 0.07 0.07 0.06 0.06 0.06 0.05 0.07 0.07 0.07 0.07 0.07 0.06 0.06 0.05 0.04

0.03 0.04

0.03 0.04

0.04 0.05

0.04 0.04

0.05 0.08

0.08 0.05

0.03 0.02

0.01 0.01

0.01 0.01

0.01 0.00
SCALE IN FEET 1 : 80
0' 80' 160'
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Mission Springs Park Phase 2
Desert Hot Springs,CA

GRID SUMMARY
Name: PracƟce (Full Field) Spill
Spacing: 30.0'
Height: 3.0' above grade

ILLUMINATION SUMMARY

HORIZONTAL FOOTCANDLES
EnƟre Grid
Scan Average: 0.0359
Maximum: 0.102
Minimum: 0.001
No. of Points: 81

LUMINAIRE INFORMATION
Applied Circuits: A, B, C, D
No. of Luminaires: 18
Total Load: 21.76 kW
Guaranteed Performance: The ILLUMINATION described
above is guaranteed per your Musco Warranty
document.

Field Measurements: Individual Įeld measurements may vary from computer-calculated predicƟons and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

Item Number: 6.

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #177591B · 07-Oct-21 Sports Lighting, LLC. ©1981, 2021 Musco Sports Lighting, LLC.

S5 S6 S7

0.01 0.01 0.02 0.02 0.03 0.05 0.06 0.05 0.04 0.03 0.03 0.04 0.05 0.05 0.04 0.03 0.02 0.02 0.01 0.01

0.02 0.02

0.02 0.03

0.04 0.06

0.11 0.19

0.34 0.41

0.30 0.18

0.20 0.21

0.22 0.21

0.16 0.18

0.18 0.19 0.28 0.32 0.35 0.36 0.31 0.35 0.34 0.35 0.33 0.32 0.33 0.28 0.34 0.36 0.36 0.38 0.38 0.33 0.33 0.27 0.21

0.18 0.20

0.18 0.21

0.22 0.24

0.21 0.17

0.20 0.31

0.30 0.19

0.10 0.06

0.04 0.03

0.02 0.02

0.02 0.01
SCALE IN FEET 1 : 80
0' 80' 160'
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Mission Springs Park Phase 2
Desert Hot Springs,CA

GRID SUMMARY
Name: PracƟce (Full Field) Spill
Spacing: 30.0'
Height: 3.0' above grade

ILLUMINATION SUMMARY

MAX VERTICAL FOOTCANDLES
EnƟre Grid
Scan Average: 0.1687
Maximum: 0.410
Minimum: 0.005
No. of Points: 81

LUMINAIRE INFORMATION
Applied Circuits: A, B, C, D
No. of Luminaires: 18
Total Load: 21.76 kW
Guaranteed Performance: The ILLUMINATION described
above is guaranteed per your Musco Warranty
document.

Field Measurements: Individual Įeld measurements may vary from computer-calculated predicƟons and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

Item Number: 6.

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #177591B · 07-Oct-21 Sports Lighting, LLC. ©1981, 2021 Musco Sports Lighting, LLC.

S5 S6 S7
410 711 1013 1283 1387 1337 1280 1654 1778 1659 1402 1379 1079 1483 1659 1674 1458 1162 812 517 596
911
1044
1259
1755
2661
5004
9422
17573
21972
14907
9526
16824
20659
24157
24586
19717
21940
19518
16737
18415 23287 31938 34856 28255 24103 15594 17693 20144 27144 26884 20019 17412 18131 24381 32624 34845 27642 23069 19732 16754 18279
22545
21177
24336
24275
23698
18431
11564
6788
14889
14947
8906
4870
2727
1747
1250
1060
986
728
249
SCALE IN FEET 1 : 80
0' 80' 160'
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Mission Springs Park Phase 2
Desert Hot Springs,CA

GRID SUMMARY
Name: PracƟce (Full Field) Spill
Spacing: 30.0'
Height: 3.0' above grade

ILLUMINATION SUMMARY

CANDELA (PER FIXTURE)
EnƟre Grid
Scan Average: 12373.8320
Maximum: 34855.805
Minimum: 248.727
No. of Points: 81

LUMINAIRE INFORMATION
Applied Circuits: A, B, C, D
No. of Luminaires: 18
Total Load: 21.76 kW
Guaranteed Performance: The ILLUMINATION described
above is guaranteed per your Musco Warranty
document.

Field Measurements: Individual Įeld measurements may vary from computer-calculated predicƟons and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

Item Number: 6.

EQUIPMENT LAYOUT
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #177591B · 07-Oct-21 Sports Lighting, LLC. ©1981, 2021 Musco Sports Lighting, LLC.

Practice
560' x 180'
S5 S6 S7
SCALE IN FEET 1 : 80
0' 80' 160'
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Mission Springs Park Phase 2
Desert Hot Springs,CA

EQUIPMENT LAYOUT
INCLUDES:
· PracƟce
Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

EQUIPMENT LIST FOR AREAS SHOWN
Pole Luminaires

QTY LOCATION SIZE
GRADE

ELEVATION

MOUNTING
HEIGHT

LUMINAIRE
TYPE
QTY /
POLE
3 S5-S7 70' - 30'
70'

CREE OSQ
TLC-LED-1500
1 5
3 TOTALS 18

SINGLE LUMINAIRE AMPERAGE DRAW CHART
Ballast SpeciĮcaƟons
(.90 min power factor)
Line Amperage Per Luminaire
(max draw)
Single Phase Voltage 208
(60)
220
(60)
240
(60)
277
(60)
347
(60)
380
(60)
480
(60)
TLC-LED-1500 8.5 8.1 7.4 6.4 5.1 4.7 3.7
Cree OSQ - - - - 0.3 - 0.2
Item Number: 6.

PROJECT SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #216268B · 01-Feb-22 Sports Lighting, LLC. ©1981, 2022 Musco Sports Lighting, LLC.

NOTES: Poles/Fixtures A1, A2, B1, B2, C1, and C2 are existing per a Wardman Park TBall previous project.

Desert Hot Springs, CA
LighƟng System
Pole / Fixture Summary
Pole ID Pole Height Mtg Height Fixture Qty Luminaire Type Avg Load Max Load Circuit A1-A2 60' 60' 4 Green Generation 6.26 kW 6.80 kW A
A3-A4 60' 60' 2 TLC-LED-1200 2.34 kW 2.34 kW C
60' 1 TLC-LED-900 0.89 kW 0.89 kW C
16' 1 TLC-BT-575 0.58 kW 0.58 kW C
27' 1 CREE OSQ 0.10 kW 0.10 kW D
B1-B2 60' 60' 6 Green Generation 9.38 kW 10.20 kW A
C1-C2 60' 60' 4 Green Generation 6.26 kW 6.80 kW B
P1-P2 20' 20' 2 CREE OSQ 0.21 kW 0.21 kW D
10 42 52.03 kW 55.83 kW
Circuit Summary
Circuit Description Avg Load Max Load Fixture Qty
A Baseball 31.28 kW 34.0 kW 20
B Baseball/TBall 12.51 kW 13.6 kW 8
C TBall 7.61 kW 7.61 kW 8
D Security 0.62 kW 0.62 kW 6
Fixture Type Summary
Type Source Wattage Lumens L90 L80 L70 Quantity
TLC-LED-1200 LED 5700K - 75 CRI 1170W 136,000 >120,000 >120,000 >120,000 4 TLC-LED-900 LED 5700K - 75 CRI 890W 89,600 >120,000 >120,000 >120,000 2 CREE OSQ LED 5700K - 70 CRI 104W 15,939 -- -- -- 6
TLC-BT-575 LED 5700K - 75 CRI 575W 52,000 >120,000 >120,000 >120,000 2 Type Source Avg Wattage Max Wattage Constant Lumens Application Quantity Green Generation 1500W MZ 1564W 1700W 134,000 100K 28
Light Level Summary
Calculation Grid Summary
Illumination Grid Name Calculation Metric Ave Min Max Max/Min Ave/Min Circuits Fixture Qty Security Horizontal 0.40 0 16 0.00 D 6
TBall (Infield) Horizontal Illuminance 53.9 40 66 1.64 1.35 B,C 16 TBall (Outfield) Horizontal Illuminance 36.5 24 51 2.17 1.52 B,C 16 Item Number: 6.

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #216268B · 01-Feb-22 Sports Lighting, LLC. ©1981, 2022 Musco Sports Lighting, LLC.

A3
A4
44 47
44 42
40 34
64 62
56 54
52 40
33 61
55 54
61 56
41 29
51 56
64 66
53 35
24 42
55 63
60 46
29 39
51 50
42 32
43 34
29 C1
C2
12'
14'
35'
29'
28'
129'
148'
39'
SCALE IN FEET 1 : 50
0' 50' 100'

EQUIPMENT LIST FOR AREAS SHOWN
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING
HEIGHT

LUMINAIRE
TYPE
QTY /
POLE
THIS
GRID
OTHER
GRIDS
2 A3-A4 60' - 60'

15.5'
27'
60'
TLC-LED-900
TLC-BT-575

CREE OSQ
TLC-LED-1200
1 1
1 2
1 1
0 2
0 0
1 0
2 C1-C2 60' - 60' LSG 15MZ 4 4 0
4 TOTALS 18 16 2
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Wardman Park TBall
Desert Hot Springs, CA

GRID SUMMARY
Name: TBall
Size: 130'/125'/130' - basepath 60'
Spacing: 20.0' x 20.0'
Height: 3.0' above grade

ILLUMINATION SUMMARY

MAINTAINED HORIZONTAL FOOTCANDLES
InĮeld Ouƞield
Scan Average: 53.9 36.5
Maximum: 66 51
Minimum: 40 24
Avg / Min: 1.35 1.54
Max / Min: 1.64 2.17
UG (adjacent pts): 1.46 1.48
CU: 0.41
No. of Points: 25 16

LUMINAIRE INFORMATION
Applied Circuits: B, C
No. of Luminaires: 16
Avg Load: 20.12 kW
Max Load: 21.21 kW
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciaƟon factor.

Field Measurements: Individual Įeld measurements may vary from computer-calculated predicƟons and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

NOTES: Poles/Fixtures A1, A2, B1, B2, C1, and
C2 are existing per a previous project.

Item Number: 6.

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #216268B · 01-Feb-22 Sports Lighting, LLC. ©1981, 2022 Musco Sports Lighting, LLC.

1.0 1.0

1.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.2

0.2 0.3

0.3 0.2

0.2 0.2

0.2 0.2

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.2 0.2

0.3 0.4

0.6 0.6

0.5 0.4

0.4 0.3

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.0 0.1

0.1 0.3

0.5 0.7

1.0 1.4

1.4 1.1

1.0 0.8

0.4 0.2

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.3 0.9

1.7 2.1

2.9 3.1

2.9 2.9

1.3 0.5

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.2

0.2 0.1

0.1 0.1

0.1 0.3

0.8 3.3

5.3 6.5

7.1 7.9

5.2 1.7

0.6 0.3

0.2 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.2

0.3 0.3

0.2 0.1

0.1 0.2

0.3 0.9

3.2 8.7

12.7 13.1

12.9 4.9

2.3 0.9

0.4 0.2

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.2 0.3

0.4 0.5

0.7 0.4

0.2 0.2

0.2 0.3

1.0 3.9

10.2 13.6

15.9 11.2

5.7 2.8

1.1 0.5

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.2 0.3

0.5 0.8

1.1 1.9

0.9 0.5

0.3 0.2

0.3 0.7

2.7 7.9

10.2 12.7

10.1 4.3

2.3 0.9

0.4 0.2

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.2

0.5 1.0

1.8 2.3

4.3 2.4

1.2 0.5

0.3 0.2

0.4 1.1

3.6 8.0

9.3 7.2

4.2 1.7

0.6 0.3

0.2 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.2

0.3 0.7

1.7 2.7

4.8 9.8

7.0 3.4

1.0 0.4

0.2 0.2

0.4 1.0

2.2 2.8

2.1 2.0

1.2 0.5

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.2 0.5

1.2 2.6

4.6 8.3

13.1 9.1

6.9 1.9

0.6 0.2

0.2 0.2

0.4 0.6

0.8 0.7

0.5 0.5

0.4 0.2

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.3

0.6 1.5

4.2 9.5

12.1 15.0

12.0 8.7

2.9 0.7

0.2 0.1

0.1 0.2

0.2 0.2

0.2 0.2

0.2 0.2

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.3

0.7 2.2

6.2 11.6

13.1 12.5

8.7 2.6

0.8 0.3

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.2 0.5

1.4 4.6

8.5 7.4

7.6 6.7

1.9 0.6

0.2 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.2

0.4 1.2

2.8 2.7

2.9 2.8

2.7 2.1

0.5 0.2

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.3

0.7 1.0

1.3 1.7

1.5 1.0

0.9 0.5

0.2 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.2 0.3

0.4 0.6

0.7 0.6

0.5 0.4

0.3 0.2

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.2 0.2

0.3 0.3

0.3 0.2

0.2 0.2

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.1 0.1

0.2 0.2

0.1 0.1

0.1 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.2

0.2 0.2

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.2 0.3

0.3 0.3

0.3 0.4

0.4 0.3

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.2 0.3

0.5 0.8

0.8 0.8

0.9 1.0

0.7 0.4

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.2

0.3 0.6

1.1 1.9

1.7 1.9

2.2 1.7

1.0 0.5

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.2 0.2

0.3 0.4

0.7 1.1

2.0 3.3

2.6 2.6

2.5 1.4

1.0 0.4

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.2

0.3 0.3

0.3 0.4

0.7 1.0

1.2 1.6

3.0 3.8

3.3 2.7

1.9 1.5

0.6 0.2

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.2 0.4

0.6 0.6

0.7 1.0

1.5 1.5

2.0 2.6

3.5 3.7

3.4 2.3

1.9 0.7

0.2 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.2

0.5 0.8

1.5 1.4

1.7 2.2

2.3 2.3

3.1 4.1

3.5 2.7

1.8 1.5

0.6 0.2

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.2

0.3 0.5

0.9 1.7

2.8 2.8

3.3 3.6

3.2 4.0

3.2 2.7

2.6 1.6

1.0 0.4

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.2 0.3

0.6 0.9

1.3 2.8

3.6 3.2

3.4 3.6

3.5 2.8

2.4 1.9

1.1 0.5

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.2

0.4 0.7

1.0 1.3

2.3 3.4

4.5 4.0

3.7 2.9

2.0 1.3

0.9 0.5

0.3 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.2 0.4

0.7 1.0

1.3 2.3

3.2 4.4

3.7 2.9

2.3 1.5

0.7 0.4

0.3 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.2

0.3 0.6

0.9 1.2

2.3 3.6

2.9 2.6

2.1 1.5

1.0 0.4

0.2 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.2 0.3

0.4 0.7

1.4 2.5

2.7 2.7

2.8 1.9

1.0 0.5

0.2 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.2 0.4

0.7 1.3

1.5 1.3

1.4 1.4

0.9 0.5

0.2 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.2

0.3 0.5

0.7 0.6

0.6 0.6

0.6 0.4

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.2

0.3 0.3

0.2 0.3

0.3 0.2

0.2 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 239'
252'
285'
207'
26'
51'
66'
2'
A3
A4
P1
P2
SCALE IN FEET 1 : 80
0' 80' 160'

EQUIPMENT LIST FOR AREAS SHOWN
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING
HEIGHT

LUMINAIRE
TYPE
QTY /
POLE
THIS
GRID
OTHER
GRIDS
2 A3-A4 60' - 60'

15.5'
27'
60'
TLC-LED-900
TLC-BT-575

CREE OSQ
TLC-LED-1200
1 1
1 2
0 0
1 0
1 1
0 2
2 P1-P2 20' - 20' CREE OSQ 2 2 0
4 TOTALS 14 6 8
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Wardman Park TBall
Desert Hot Springs, CA

GRID SUMMARY
Name: Security
Size: 0' x 0'
Spacing: 10.0' x 10.0'
Height: 3.0' above grade

ILLUMINATION SUMMARY

MAINTAINED HORIZONTAL FOOTCANDLES
EnƟre Grid
Scan Average: 0.4
Maximum: 16
Minimum: 0
Avg / Min: -
Max / Min: -
UG (adjacent pts): 4.28
CU: 0.99
No. of Points: 2646

LUMINAIRE INFORMATION
Applied Circuits: D
No. of Luminaires: 6
Total Load: 0.62 kW
Guaranteed Performance: The ILLUMINATION described
above is guaranteed per your Musco
Warranty document and includes a 0.95
dirt depreciaƟon factor.

Field Measurements: Individual Įeld measurements may vary from computer-calculated predicƟons and should be taken
in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

NOTES: Poles/Fixtures A1, A2, B1, B2, C1, and
C2 are existing per a previous project.

Contour lines indicate a cutoff of
horizontal light at 1.0FC.

Item Number: 6.

EQUIPMENT LAYOUT
Not to be reproduced in whole or part without the written consent of Musco ENGINEERED DESIGN By: · File #216268B · 01-Feb-22 Sports Lighting, LLC. ©1981, 2022 Musco Sports Lighting, LLC.

TBall
130'/125'/130' - basepath 60'
A1
A2
B1
B2
C1
C2
12'
14'
35'
29'
28'
129'
148'
39'
A3
A4
P1
P2
Security
0' x 0'
239'
252'
285'
207'
26'
51'
66'
2'
SCALE IN FEET 1 : 60
0' 60' 120'
Pole locaƟon(s) dimensions are relaƟve
to 0,0 reference point(s)
Wardman Park TBall
Desert Hot Springs, CA

EQUIPMENT LAYOUT
INCLUDES:
· Security
· TBall
Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

InstallaƟon Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locaƟons.

EQUIPMENT LIST FOR AREAS SHOWN
Pole Luminaires

QTY LOCATION SIZE
GRADE

ELEVATION

MOUNTING
HEIGHT

LUMINAIRE
TYPE
QTY /
POLE
4 A1-A2
C1-C2
60' - 60' LSG 15MZ 4
2 A3-A4 60' - 60'

15.5'
27'
60'
TLC-LED-900
TLC-BT-575

CREE OSQ
TLC-LED-1200
1 1
1 2
2 B1-B2 60' - 60' LSG 15MZ 6
2 P1-P2 20' - 20' CREE OSQ 2
10 TOTALS 42

SINGLE LUMINAIRE AMPERAGE DRAW CHART
Ballast SpeciĮcaƟons
(.90 min power factor)
Line Amperage Per Luminaire
(max draw)
Single Phase Voltage 208
(60)
220
(60)
240
(60)
277
(60)
347
(60)
380
(60)
480
(60)
1500 waƩ MZ 8.6 8.3 7.5 6.5 5.1 4.7 3.7
TLC-LED-1200 7.0 6.6 6.1 5.2 4.2 4.0 3.0
TLC-LED-900 5.3 5.0 4.6 4.0 3.2 2.9 2.3
Cree OSQ - - - - 0.3 - 0.2
TLC-BT-575 3.4 3.2 2.9 2.5 2.0 1.8 1.5
NOTES: Poles/Fixtures A1, A2, B1, B2, C1, and C2 are existing per a previous project.

Item Number: 6.

Hometown Sports Broadcasting Made Simple™
Simple · Reliable · Cost-effective
Automated Sports Broadcasting
Item Number: 6.

Data Connection
Data Connection
Now you can provide a hassle-free video solution for your facility to keep fans connected even when they can’t be there in person . . . making your fields more desirable for games and providing additional revenue potential.

The MuscoVision™ system packages all components you need to capture, produce and distribute a professional-quality video solution. Covered by a 5-year warranty that includes all parts and labor.

Produce – Built-in intelligence automates production
• No on-site staff needed
• Detects game play and starts the high definition video stream • Knows how each sport is played and selects camera shots based on game action – emulates the sequence and cadence of a national broadcast Rectangular Sports

CAMERA FOLLOWS THE GAME
Capture – Complete system in 5 Easy Pieces™
• Includes camera, structures, and electrical – foundation to poletop • Factory assembled, wired and tested for reliability – UL Listed • Saves installation time and assures compatibility
Center Field Backstop Center Field Backstop
Item Number: 6.

Hometown sports broadcasting made simple™
Distribute – Easy and fun to watch for fans, coaches, players • Watch and download live and on-demand recorded video via website, app, or Smart TV • Viewing features include tagging, clipping highlights and sharing via social media • Flexible subscription options – Musco handles the payment transaction, providing you reports and revenue payments Connect – Custom-designed communication system
• On-site network designed and supplied by Musco
• Customer provides internet to the site
• Schedule broadcast from anywhere via phone, website or app • Monitoring and support provided 24/7/365 – always ready to play Scan code to see
MuscoVision in action
Diamond Sports

CAMERA SWITCHES BASED ON THE GAME
Item Number: 6.

©2020 Musco Sports Lighting, LLC · U.S. and foreign patent(s) issued and pending · M-3836-enUS-2 Custom designed for your
facility, each piece of the
system is engineered to
work together. This single
source approach for camera,
structural, electrical, and
control components delivers
consistent results.

5. Poletop Camera Assembly
5 Easy Pieces™
Foundation-to-poletop system

4. Wire Harness

3. Electrical Components Enclosure

2. Pole

1. Base
Automated Sports Broadcasting
Item Number: 6.

1 SERVICE PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND

MUSCO SPORTS LIGHTING, LLC
THIS SERVICE PROVIDER AGREEMENT (hereinafter, the “Agreement”) is made and entered into this 16th day of March, 2022 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 Musco Sports Lighting, LLC, a California corporation, hereinafter referred to as “Service Provider.” RECITALS:

WHEREAS, the City desires to enter into an agreement for services related to Wardman Park Baseball and Mission Springs Soccer Park lighting and camera systems (hereinafter, the “Services”); and
WHEREAS, the City desires to retain the services of a qualified service provider to provide the Services on an independent contractor’s basis.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

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

Section 2. SCOPE OF SERVICES, EXTRA WORK
a. Service Provider shall perform the Services specifically described in the Scope of Services, attached hereto and incorporated herein by this reference as Exhibit “A.” In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.
b. At any time during the term of this Agreement, the City may request that Service Provider 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. Service Provider shall not perform, nor be compensated for, Extra Work, without written authorization from the City.

Item Number: 6.

2 Section 3. TERM
Service Provider shall perform those services set forth in the Scope of Services during the term of this Agreement, which shall be effective as of March 15, 2022 and expire upon completion.

Section 4. COMPENSATION
Service Provider shall be paid compensation not to exceed Six Hundred Sixty-Three Thousand, Nine Hundred and Ninety Dollars and no Cents ($663,990.00) for the services rendered by Service Provider pursuant to this Agreement.

Section 5. METHOD OF PAYMENT
a. Service Provider shall invoice the City, not more often than once a month, for the performance of the services under this Agreement in the amount agreed upon by the parties herein.
b. Service Provider shall be paid the amount specified in the invoice within thirty (30) days of receipt by the City, 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.

Section 6. INDEPENDENT CONTRACTOR’S STATUS
Service Provider shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

Section 7. CIVIL CODE SECTION 1542 WAIVER
Service Provider 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 which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 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. Service Provider further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

Item Number: 6.

3 __________
Initials
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider 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 Service Provider 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 Service Provider to perform the services described in this Agreement. (6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are "employees" of the City. b. The City represents and acknowledges the following:
(1) Service Provider is not required to comply with daily instructions from City staff with respect to when, where or how Service Provider must perform the services set forth in this Agreement.
(2) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Service Provider pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

Item Number: 6.

4 (5) Service Provider is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
(7) Service Provider is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.

Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Service Provider or by any third person to create the relationship of principal and agent.
b. Service Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 10. WARRANTY
Service Provider 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.

Section 11. FAMILIARITY WITH WORK
a. By executing this Agreement, Service Provider 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. b. Should Service Provider 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 Service Provider's risk until written instructions are received from the City Manager or his or her designee.

Section 12. EQUAL OPPORTUNITY EMPLOYMENT
Service Provider represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, religious creed, color, national origin, ancestry, physical Item Number: 6.

5 disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Unless otherwise permitted under the law, Service Provider 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 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. In the event the City officially determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider 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 14. COMPLIANCE WITH LAWS; LICENSING AND PERMIT

REQUIREMENTS
a. Service Provider shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Service Provider and/or its employees, officers, or board members.
b. Service Provider represents that it has 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 15. INSURANCE REQUIREMENTS
a. Service Provider 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. Service Provider shall provide insurance on an occurrence, not claims-made basis. Service Provider 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.
b. Service Provider shall maintain automobile liability insurance covering Item Number: 6.

6 bodily injury, personal injury and property damage for all activities of the Service Provider 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, Service Provider shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Service Provider 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. c. Service Provider agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Service Provider enters into contracts or whom Service Provider 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. Service Provider agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. d. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Service Provider 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 as to the party providing insurance has been eliminated.
e. Service Provider agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Services, Service Provider 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.

Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the term of this Agreement, workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Service Provider 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 with the Services to do the same.

Item Number: 6.

7 Section 17. ADDITIONAL NAMED INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.

Section 18. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors and subcontractors.

Section 19. INSURANCE DOCUMENTATION
a. Service Provider shall secure from a good and responsible company or companies authorized to do insurance business in the State of California, and possessing a Best’s rating of no less than A:VII, the policies of insurance required by this Agreement and furnish to the City certificates of said insurance with original endorsements on or before the commencement of the term of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. b. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or reduced in coverage by either party (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation or reduction in coverage.
c. All insurance policies required to be provided by Service Provider or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

Section 20. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either party at any time provided that the respective party provides the other party at least thirty (30) business days written notice of such termination or suspension. b. This Agreement may be terminated or suspended with cause by either party at any time provided that the respective party provides the other party at least ten (10) business days' written notice of such termination or suspension.

Item Number: 6.

8 c. In the event of a termination of this Agreement under this section, Service Provider shall provide all documents, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the City, within ten (10) calendar days of such termination and without additional charge to the City.

Section 21. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 22. INDEMNIFICATION
a. Service Provider shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection wherein), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. b. The City does not, and shall not; waive any rights that it may have against Service Provider 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, Service Provider 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 Service Provider’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 Service Provider’s control, or for which Service Provider is without fault.

Section 23. BOOKS AND RECORDS
a. Service Provider 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 years, or for any longer period required by law, from the date of final payment to Service Provider pursuant to this Agreement. b. Service Provider shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

Item Number: 6.

9 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 Service Provider’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 Service Provider’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 Service Provider, Service Provider’s representatives, or Service Provider’s successor-in-interest.

Section 24. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings prepared by and for Service Provider, 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 Service Provider for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Service Provider or to any other party. Service Provider shall, at its expense, provide such reports, plans, studies, documents and other writings to the City upon written request.

Section 25. 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 Service Provider in connection with the performance of this Agreement shall be held confidential by Service Provider. Such materials shall not, without prior written consent of the City, be used by Service Provider for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Service Provider which is otherwise known to Service Provider or is generally known, or has become known, to the related industry shall be deemed confidential. b. Service Provider shall not use the City’s insignia or photographs relating to the project for which Service Provider’s services are rendered, or any publicity pertaining to the Service Provider’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 26. MODIFICATIONS AND AMENDMENTS
Item Number: 6.

10 This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 27. BACKGROUND CHECKS
At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Service Provider’s personnel who perform work required in the Scope of Services, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the Services will be rendered or City Hall. If the City makes a reasonable determination that any of Service Provider’s prospective or then current personnel is deemed objectionable, then the City may notify Service Provider of the same. Service Provider shall not use that personnel to perform work required in the Scope of Services, and if necessary, shall replace him or her with a suitable worker.

Section 28. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Service Provider 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 29. AMBIGUITIES
This Agreement is in all respects intended by each party hereto to be deemed and construed to have been jointly prepared by the parties and the parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Section 30. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and Item Number: 6.

11 addressed to the parties as follows:

To the City: Nicholas Haecker
Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: 760-329-6411 x223
Facsimile: 760-228-0639
Email: [email protected]
To Service Provider: TO BE ADDED BEFORE SENDING
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 31. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Service Provider, 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 Service Provider or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 32. REVIEW BY ATTORNEYS
Each party hereto has had its attorneys review this Agreement and all related documents. Each party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 33. 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 34. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Service Provider, its principals and employees were a substantial inducement for the City to enter into this Item Number: 6.

12 Agreement. Assignments of any or all rights, duties or obligations of the Service Provider under this Agreement will be permitted only with the written consent of the City. b. Service Provider shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Service Provider 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 35. CARE OF WORK
The performance of services by Service Provider shall not relieve Service Provider 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 negligence of Service Provider.

Section 36. 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 37. SUCCESSORS, HEIRS AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the parties.

Section 38. 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 39. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 40. DEFAULT
Item Number: 6.

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

Section 41. 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 of any other default by the other party.

Section 42. 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 43. LITIGATION EXPENSES AND ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Item Number: 6.

14 Section 44. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, and approved as to form by the City Attorney, and executed by the City Manager or his or her designee.

Section 45. 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 46. LABOR LAWS
a. All work or services performed within the State of California pursuant to this Agreement by Service Provider, Service Provider’s employees and independent contractors, or contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Documentation must be promptly submitted to the City at any time, at the request of the City, for the purpose of determining whether or not the work or services provided pursuant to this contract are being provided in compliance with this section.

Section 47. 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 48. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Item Number: 6.

15 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
________________________________
Luke Rainey, City Manager
ATTEST:

________________________________
Jerryl Soriano, City Clerk

APPROVED AS TO FORM:

________________________________
Jennifer A. Mizrahi, City Attorney
Musco Sports Lighting, LLC
____________________________________
Insert name/title
Item Number: 6.

16 EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED
[ATTACH PROPOSAL TO THIS PAGE]
CONTRACT #2022-097

PUBLIC WORKS
Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 1 - M-2038-enUS-5 Quote
Date: February 24, 2022 Project: Wardman Park Baseball #2 To: Nicholas Haecker Desert Hot Springs, California
Public Works Director Ref: 216268
Sourcewell
Master Project: 199030, Contract Number: 071619-MSL, Expiration: 08/27/2023 Category: Sports lighting with related supplies and services All purchase orders should note the following:

Sourcewell purchase – contract number: 071619-MSL
Quote Price – Materials, Electrical Engineering, Geotechnical Engineering, and Installation of Musco LED Lighting Equipment, Two Security Light Poles, see adder for (1) Musco Vision Camera SystemBaseball Wardman Park Baseball #2 Lighting (2) Poles, (2) Security Light Poles: $187,000.00 Estimated Sales Tax at 7.75% (Confirm at time of order). ~$14,492.50 Adder: (1) MuscoVision Streaming with Installation Services for (1) Camera System- Baseball $41,000.00
If Adder is selected, add appropriate Sales Tax (~3,177.50) Sales tax (see above), bonding included.

Pricing furnished is effective for 30 days unless otherwise noted and is considered confidential.

Light-Structure System with Total Light Control – TLC for LED™ technology Lighting Performance
• Light levels of 50 Footcandles Ave Infield, 30 Footcandles Outfield Lighting Equipment – Baseball Field #2
• (2) Pre-cast concrete bases with integrated lightning grounding • (2) 60’ Galvanized steel poles – Poles A3, A4
• Factory wired and tested remote electrical component enclosures • Pole length, factory assembled wire harnesses
• (4) Factory aimed and assembled luminaries TLC-LED-1200 • (2) Factory aimed and assembled luminaires TLC-LED-900 • (2) Factory aimed and assembled luminaires TLC BT- 575 at 15.5’. • ADD (2) OSQ Security Light Fixtures mounted at 28’ on light poles A3, A4.

ADD (2) 20’ Security Light poles mounted by Field #1 First and Third base sides- Poles Dark Bronze, Fixtures Dark Bronze
Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 2 - M-2038-enUS-5 Quote
Control Systems and Services
• Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support. (1) CMC 24” x 72”. Including the following Lighting Zones: Zone 1 – Baseball #1, Zone 2- Baseball #2, Zone 3-Tennis East, Zone 4 – Tennis West, Zone 5 - Basketball. (8) contactor’s with 5 zones. Add 1x spare contactor, and 1x spare lighting zone.

Construction Note: We need to confirm that the new CMC 24” x 72” will fit in the existing chain link fence Electrical Distribution area. (Confirmed at site meeting) ADDER: MuscoVision – Baseball
(1) Baseball Field- 1 home plate camera, 1 outfield camera per field with automatic game tracking.

Control Link® Scheduling and Support
• Training for Control-Link scheduling service
• Control-Link.com access for scheduling of broadcast
• Reporting and management tools
• 24/7/365 phone support
Distribution and Payment System
• 750 hours of streaming included with purchase with additional hours available for purchase at the current market price as needed
• Payment system with credit card processing
• Revenue sharing as detailed below
• Live and on-demand video streaming
• Content downloads
• Available via Apple TV, Roku, Amazon Fire TV, Android TV applications City of Desert Hot Springs Revenue Share: 70% of all pay per view, on-demand, and download revenue.

MuscoVision Warranty: Five years parts and labor
Notes: Broadcasted events will be stored online for a period of 3 months.

Operation and Warranty Services- Warranty for two light poles, and the new CMC • Reduction of energy and maintenance costs by 50% to 85% over typical 1500W metal halide equipment. Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years.

Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 3 - M-2038-enUS-5 Quote
Payment Terms
Musco’s Credit Department will provide payment terms.

Project Notes
Quote is based on:
• Shipment of entire project together to one location
• Includes Project Bonding.
• Includes Geotechnical Engineering Services
• Delivery Timing- 10-14 weeks after receipt of purchase order, and submittal approval. • 240v Phase electrical system requirement
• Structural code and wind speed = 2019 CBC, 130 MPH, Class 5 Standard Soil, pending soil report approval.
• Confirmation of pole locations prior to production- See Musco Design 216268B dated February 1, 2022.

Construction Note #2: Review power pole easement in relation to new light pole A3.

Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details.

Mike Higgins
Musco Sports Lighting, LLC
3002 Dow Ave, Suite #504
Phone: 800-659-0117 ext 6121 / E-mail: [email protected] Wardman Park Two Pole Installation for Baseball Field #2 Desert Hot Springs, CA
Turnkey Scope of Work
Customer Responsibilities:

1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment.

2. Locate existing underground utilities not covered by your local utilities. i.e. water lines, electrical lines, irrigation systems and sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked utilities.

3. Customer responsible for any necessary power company fees and requirements. a. Power lines run along the third baseline of Baseball Field #2. Coordinate easement requirement for new light pole location and set back from the power lines.

4. Customer responsible for all permitting fees (payment). Contractor will obtain the required permitting.

5. Musco will provide stamped electrical engineering and stamped structural plans to the city for review/permit approval.

Musco Responsibilities:

1. Provide required poles, fixtures, foundations, electrical enclosures and control cabinets.

2. Provide (2) 20’ Security light pole with two security light fixtures each. Poles / Fixtures – Dark Bronze.

Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 4 - M-2038-enUS-5 Quote

3. Provide (1) MuscoVision Baseball Field Camera System (see Adder)

4. Provide layout of pole locations and aiming diagram.

5. Provide Project Management as required.

6. Musco will provide Geotechnical Engineer services to produce a soil report for construction.

7. Provide stamped foundation designs based on Soil Report.

8. Musco shall provide Performance Bonds included.

Musco Subcontractor Responsibilities General:

1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery.

2. Provide storage containers for material, (including electrical components enclosures), as necessary and waste disposal.

3. Provide adequate security to protect Musco delivered products from theft, vandalism, or damage during the installation.

4. Obtain any no fee required permitting.

5. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction.

6. Keep all heavy equipment off of the playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair.

7. Provide startup and aiming as required to provide complete and operating sports lighting system.

Musco Subcontractor Responsibilities – Foundations, Poles and Fixtures:

1. Mark and confirm pole locations per the aiming drawing provided. If there are any issues, immediately notify your Musco Project Manager.

2. Provide materials and equipment to install (2) LSS foundations as specified on Layout and per the stamped foundation drawings, if applicable.

3. Provide materials and equipment to assemble Musco TLC-LED fixtures, electrical enclosures, poles and pole harnesses.

4. Provide equipment and materials to erect dressed (2) LSS Poles and aim utilizing the pole alignment beam.

5. Install (2) 20’ Security light poles on Baseball Field #1 with anchor bolt foundation. (6) Security light fixtures.

6. Coordinate with the city of Desert Hot Springs to spread spoil dirt from two hole foundations around open park area.

Musco Subcontractor Responsibilities – Electrical Engineering Design, Stamped Plans submitted to the city of Desert Hot Springs for approval

1. Design, and confirm electrical requirements to install the new lighting system for Baseball Field #2.

2. Confirm, and design the electrical panel connection, new conduit paths, and electrical power circuits for the new light poles.
a. The new conduit path is proposed to be installed along Baseball Field #1 third base line, and extend around left field to the two new pole locations.

3. Confirm, and design the MuscoVision Camera System, including low voltage requirements from City supplied internet connection to Musco Network, and Automation Cabinets, and 120v power circuit to the outfield MuscoVision Camera. (see Adder)

4. Provide as built drawings on completion of installation, (if required).

Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 5 - M-2038-enUS-5 Quote
Musco Subcontractor Responsibilities – Core Control System:

1. Provide equipment and materials to install (1) Control and Monitoring Cabinet (CMC) and terminate all necessary wiring.

2. Reuse the existing 120v Control Circuit for new CMC.

3. Check all Zones to make sure they work in both auto and manual mode.

4. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319).

Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 1 - M-2038-enUS-5 Quote
Date: February 24, 2022 Project: Mission Springs Park Soccer- South To: Nicholas Haecker Desert Hot Springs, California
Public Works Director Ref: 177591
Sourcewell
Master Project: 199030, Contract Number: 071619-MSL, Expiration: 08/27/2023 Category: Sports lighting with related supplies and services All purchase orders should note the following:

Sourcewell purchase – contract number: 071619-MSL
Quote Price – Lighting Materials, Electrical Engineering, Geotechnical Engineering, and Installation of Musco LED Lighting Equipment. See Adder for (2) MuscoVision Camera Systems (west and east) Mission Springs Soccer Lighting (3) Poles Practice 560’ x 180’: $329,000.00 Estimated Sales Tax at 7.75% (Confirm at time of order). ~ $25,497.50 ADDER: Musco Vision Streaming with Installation Services for (2) Camera Systems: $67,000.00 If Adder is selected, add appropriate Sales Tax (~5,192.50) Sales tax (see above), bonding included.

Pricing furnished is effective for 30 days unless otherwise noted and is considered confidential.

Light-Structure System with Total Light Control – TLC for LED™ technology Guaranteed Lighting Performance
• Guaranteed light levels of 15 footcandles Ave with a 25:1 Uniformity Lighting Equipment – Practice Soccer
• (3) Pre-cast concrete bases with integrated lightning grounding • (3) 70’ Galvanized steel poles – Poles S5, S6, S7
• Factory wired and tested remote electrical component enclosures • Pole length, factory assembled wire harnesses
• (15) Factory aimed and assembled luminaries TLC-LED-1500 Control Systems and Services
• Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support. (1) CMC 24” x 48”. Including the following Lighting Zones: Zone 1 – Soccer S5, Zone 2- Soccer S6, Zone 3- Soccer S7, Zone 4 – Spare 1, Zone 5 – Spare 2.

Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 2 - M-2038-enUS-5 Quote
ADDER: MuscoVision – Soccer
(2) Soccer Fields- 1 camera per field with automatic game tracking Control Link® Scheduling and Support
• Training for Control-Link scheduling service
• Control-Link.com access for scheduling of broadcast
• Reporting and management tools
• 24/7/365 phone support
Distribution and Payment System
• 750 hours of streaming included with purchase with additional hours available for purchase at the current market price as needed
• Payment system with credit card processing
• Revenue sharing as detailed below
• Live and on-demand video streaming
• Content downloads
• Available via Apple TV, Roku, Amazon Fire TV, Android TV applications City of Desert Hot Springs Revenue Share: 70% of all pay per view, on-demand, and download revenue.

MuscoVision Warranty: Five years parts and labor
Notes: Broadcasted events will be stored online for a period of 3 months.

Operation and Warranty Services
• Reduction of energy and maintenance costs by 50% to 85% over typical 1500W metal halide equipment
Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years. MuscoVision – 5 Years
Payment Terms
Musco’s Credit Department will provide payment terms.

Sourcewell
Master Project: 199030, Contract Number: 071619-MSL, Expiration: 08/27/2023 Category: Sports lighting with related supplies and services All purchase orders should note the following:

Sourcewell purchase – contract number: 071619-MSL
Project Notes
Quote is based on:
• Shipment of entire project together to one location
• Delivery Timing- 10-14 weeks after receipt of purchase order, and submittal approval. • 480v 3p Phase electrical system requirement
• Structural code and wind speed = 2019 CBC, 130 MPH, Class 5 Standard Soil, pending soil report approval.
• Confirmation of pole locations prior to production- See Musco Design dated October 7, 2021.

Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 3 - M-2038-enUS-5 Quote
Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details.

Mike Higgins
Musco Sports Lighting, LLC
3002 Dow Ave, Suite #504
Phone: 800-659-0117 ext 6121 / E-mail: [email protected] Mission Springs Park – South Soccer
Desert Hot Springs, CA
Turnkey Scope of Work
Customer Responsibilities:

1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment.

2. Locate existing underground utilities not covered by your local utilities. i.e. water lines, electrical lines, irrigation systems and sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked utilities.

3. Customer responsible for any necessary power company fees and requirements.

4. Customer responsible for all permitting fees (payment). Contractor will obtain the required permitting.

5. Musco will provide stamped electrical, and structural plans to the city for review/permit approval.

6. Coordinate limited grass replacement with Ace Electric, Musco, and Desert Concepts. Trenching will be performed from the Electrical Room to the grass to the east.

7. Provide Internet Connection Access in the Concession Building to connect to the MuscoVision streaming equipment. Musco will require an available IP address. 10mbps upload requirements for Soccer Field #1, and an additional 5mbps upload requirement for Soccer field #2.

Musco Responsibilities:

1. Provide required poles, fixtures, foundations, electrical enclosures and control cabinets.

2. Provide layout of pole locations and aiming diagram.

3. Provide Project Management as required.

4. Provide a soil report prepared by John R. Byerly.

5. Provide stamped foundation designs based on Soil Report.

6. Musco shall provide Performance Bonds included.

Musco Subcontractor Responsibilities General:

1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery.

2. Provide storage containers for material, (including electrical components enclosures), as necessary and waste disposal.

3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation.

4. Obtain any no fee required permitting.

5. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Repair any such damage during construction.

6. Per site meeting, January 25, 2022 it was decided to bore throughout the soccer practice area to avoid unknown conditions, and to eliminate any possible irrigation, electrical damage due to trenching.

7. Keep all heavy equipment off of playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair.

Item Number: 6.

©2016, 2017 Musco Sports Lighting, LLC - 4 - M-2038-enUS-5 Quote

8. Provide startup and aiming as required to provide complete and operating sports lighting system.

Musco Subcontractor Responsibilities – Foundations, Poles and Fixtures:

1. Mark and confirm pole locations per the aiming drawing provided. If there are any issues, immediately notify your Musco Project Manager.

2. Provide materials and equipment to install (3) LSS foundations as specified on Layout and per the stamped foundation drawings, if applicable.

3. Provide materials and equipment to assemble Musco TLC-LED fixtures, electrical enclosures, poles and pole harnesses.

4. Provide equipment and materials to erect dressed (3) LSS Poles and aim utilizing the pole alignment beam.

5. Install (2) 30’ MuscoVision Camera Poles, and MuscoVision camera equipment (see Adder) Musco Subcontractor Responsibilities – Electrical Engineering Design, Stamped Plans submitted to the city of Desert Hot Springs for approval

1. Design, and confirm electrical requirements to install the new lighting system for South Soccer Practice Area.

2. Confirm, and design the electrical panel connection, new conduit paths, and electrical power circuits for the new light poles.

3. Confirm, and design the fiber cables, and 120v power requirements to each MV Camera Pole. (see Adder)

4. Provide as built drawings on completion of installation, (if required).

Musco Subcontractor Responsibilities – Core Control System:

1. Provide equipment and materials to install (1) Control and Monitoring Cabinet (CMC) and terminate all necessary wiring.

2. Provide a dedicated 120v 20amp controls circuit or a step down transformer for 120v control circuit if not available.

3. Check all Zones to make sure they work in both auto and manual mode.

4. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319).

Item Number: 6.

SR-22-059
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 15, 2022
Department: Community Development
Prepared by: Juan Carrillo, Principal Planner
Subject: Award Professional Services Agreement for Comprehensive Update of the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning)
RECOMMENDATION:

Authorize the City Manager to execute a Professional Services Agreement with CASC Engineering and Consulting, Inc. for a comprehensive update of the Zoning Ordinance (Desert Hot Springs Municipal Code Title 17, Zoning) in an amount not to exceed $78,865.

BACKGROUND:

In 2019, the City of Desert Hot Springs was awarded an SB2 Grant in the amount of $160,000.00 and a LEAP Grant in the amount of $150,000.00. These grants may be utilized for certain development and zoning related activities in the City.

Staff is proposing the use of a portion of these funds to conduct a complete overhaul of Title 17 Zoning of the Desert Hot Springs Municipal Code.

DISCUSSION:

The City of Desert Hot Springs adopted its new General Plan on May 26, 2020 (State Clearinghouse number 2019080101). The Land Use Map and Zoning Map were also adopted with the City’s General Plan Update along with a Draft Environmental Impact Report. Title 17 Zoning of the Desert Hot Springs Municipal Code needs to be updated to be consistent with land uses and permitted uses in the various zoning designations as well as remove any contradicting development standards.

The scope of work at a minimum will include the following:
• Review and identify Goals, Objectives, and Implementation strategies to ensure the two documents, new Zoning Code and General Plan Update, will be consistent and complementary to each other;
• A thorough review of the existing code to eliminate code contradictions and provide a reader friendly code;
• Assess the advantages, shortcomings, and gaps to the existing Zoning Code to assist in clarifying needed areas of updating;
Item Number: 7.

SR-22-059
• Prepare draft updates to the Zoning Code for review by staff, culminating in a final version that can be reviewed/adopted by the City Council with recommendations from the Planning Commission; and
• Planning Commission and City Council presentations as needed throughout the update process.

RFP Process
On October 2, 2021, the City of Desert Hot Springs released a Request for Proposals to provide a comprehensive update of the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning) that will coincide with the General Plan Update which was adopted on May 26, 2020. The Request for Proposals was posted on the City’s website and sent to various Planning and Civil Engineering firms. The Request for Proposals closed on December 2, 2021. The City of Desert Hot Springs received two (2) proposals from consultant firms; CASC Engineering and Chambers Group.

Staff completed independent evaluations for each proposal and ranked each firm based on the following criteria;

1. Conciseness, responsiveness, and completeness of the proposal

2. Prior experience, qualifications, references, and past performance with similar projects

3. Staff and sub-consultant staff qualifications

4. Project schedule
The result of the rankings is as follows;
Consultant Evaluator 1 Evaluator 2 Evaluator3 Evaluator 4 AverageTotal Rank CASC Engineering 94 94 92 91 92.75 1st
Chambers Group 88 86 91 83 87 2nd
After staff completed the qualification evaluations, the bid proposal for each consultant were opened and reviewed and the results were as follows.

Consultant Total Cost
CASC Engineering $78,865
Chambers Group $67,842
Based on the qualification evaluations and bid proposals, staff found CASC Engineering and Consulting, Inc. to be the most qualified consultant. The bid proposals were within range and deemed acceptable. Professional consultants (engineers, architects, and planners) are selected based on qualifications and not lowest cost.

Staff recommends that the City Council authorize the City Manager to execute the Professional Services Agreement for a comprehensive update of the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning) that will coincide with the General Plan Update which was adopted on May 26, 2020 with CASC Engineering and Consulting, Inc. in an amount not to exceed $78,865.

FISCAL IMPACT:

Item Number: 7.

SR-22-059
Contract amount is not to exceed $78,865. Funding for this contract comes from the SB-2 Grant.

Expenditure appropriation for this contract and the corresponding grant revenue is included in the FY21- 22 Amended Budget.

ATTACHMENTS:

Exhibit 1 - RFP Zoning Code Clean Up
Exhibit 2 - Proposal CASC Engineering and Consulting
Exhibit 3 - Proposal Chambers Group
Exhibit 4 - Professional Services Agreement CASC Engineering and Consulting Item Number: 7.

CITY OF DESERT HOT SPRINGS

COMMUNITY DEVELOPMENT
11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org
The City of Desert Hot Springs (City) Community Development Department (CDD) is soliciting competitive proposals from qualified individuals or firms to provide a comprehensive update of the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning) that will coincide with the General Plan update which was adopted on May 26, 2020.

The proposed updated code will ensure the City’s development regulations and processes are consistent with and conform to the updated General Plan and the minimum requirements of California State law as well as the mixing of uses which are frequently envisioned by the General Plan Update. The updated Zoning Code will contain specific criteria for as many commonly identified land uses as possible to eliminate or minimize the need for discretionary review, thereby reducing the time associated with processing development applications where discretionary approval is needed. Land use regulations will be structured to afford applicants and other affected parties’ due process. If interested, please respond with a proposal no later than December 2, 2021, at 5:00 pm Pacific Time.

SCOPE OF WORK AND DELIVERABLES.

A. Objectives
The selected consultant will ensure that scope of work at a minimum will include the following:
 Review and identify Goals, Objectives, and Implementation strategies to ensure the two documents, new Zoning Code and General Plan Update, will be consistent and complementary of each other;
 A through review of the existing code and eliminate code contradictions and provide a reader friendly code;
 In cooperation with City staff, assess the advantages, shortcomings, and gaps to the existing Zoning Code to assist in clarifying needed areas of updating;  Prepare draft updates to the Zoning Code for review by staff, culminating in a final version that can be reviewed/adopted by the City Council with recommendations from the Planning Commission; and
 Be available to present to the Planning Commission and City Council as needed throughout the update process.

B. Project Management
i. Kick-off meeting and presentation from consultant
ii. Minimum of three (3) project update meetings with City staff iii. Present preliminary code updates to Community Development Department Staff for review iv. Submit final code updates to the City with opportunity for final feedback from City staff.

Item Number: 7.

C. PROPOSAL ELEMENTS
In the proposal, please make sure to include the information below. There are no limitations on the size and format of the proposal as long as the elements below are included. All submissions must be submitted digitally to Juan Carrillo, Principal Planner [email protected] no later than December 2, 2021, at 5:00 pm Pacific. (1) Experience
• Experience of project staff
• Qualifications of project staff
• Zoning codes adopted for other municipalities
• Experience working in Desert Hot Springs or within the Coachella Valley (if any)
(2) Approach to the project
• How the applicant would approach completing this project:
• Methodology for determining concurrent General plans and Zoning Codes
• Working with city staff
(3) Schedule
• Propose a schedule for this project in a six (6) month time frame. If the consultant feels that the project cannot be completed within six (6) months, then please provide an explanation and an estimated length of time the project would take.
• Include deadlines for each deliverable item including rough drafts and final products
• Include dates for the Project Management items (4) Cost • A detailed budget estimate in matrix form including the hourly rates and time commitments for all team members by task for the project • Denote any proposed optional tasks (if any)
D. PROPOSAL EVALUATION
Proposals will be evaluated based on the criteria below. Applicants are encouraged to review their proposals before submitting to the City as proposals may be disqualified if information requested in this RFP is not included.
(1) Experience: Experience of project staff with the adoption of zoning codes. Level of education, training, licensing and certification of staff. Consultant will demonstrate relevant work experience by providing a list of code updates in other municipalities that their staff have created.

F. PROPOSAL SELECTION SCHEDULE AND DELIVERY
Proposal Selection Schedule
a. Deadline for Submitting Questions: October 14, 2021
b. City’s Response to Written Questions: October 28 14, 2021 c. deadline for Proposal Submissions: December 2, 2021
d. Potential Interviews with Finalists: November 8-11, 2021, e. Final Selection: December 16, 2021
Item Number: 7.

Questions
a. Any questions regarding this RFP may be sent digitally to Juan Carrillo, [email protected] no later than October 14, 2021 at 5:00 pm Pacific.

Delivery
a. Final proposals must be sent digitally to Juan Carrillo, [email protected] no later than December 2, 2021, at 5:00 pm Pacific.

Interviews
a. Whether or not interviews are conducted will be determined by the City.

Attachment: CITY OF DESERT HOT SPRINGS STANDARD PROFESSIONAL SERVICES

AGREEMENT
Item Number: 7.

Proposal For:

COMPREHENSIVE UPDATE
TO THE CITY’S ZONING

ORDINANCE
Submitted To:

CITY OF DESERT HOT SPRINGS
Attn: Juan Carrillo
Principal Planner
Community Development Department
11999 Palm Drive
Desert Hot Springs, CA 92240
P: (760) 329-6411
E: [email protected]
Submittal Date:

December 2, 2021
Submitted By:

CASC ENGINEERING AND
CONSULTING, INC.

Frank Coyle
Director of Planning
77-564 Country Club Drive, Suite 211
Palm Desert, CA 92211
[email protected]
O: (760) 259-0108 ext. 5370
C: (909) 362-7645
www.cascinc.com
1 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

TABLE OF CONTENTS
SECTION PAGE NO.

TABLE OF CONTENTS 2
COVER LETTER 3
1) EXPERIENCE -
COMPANY PROFILE 4
PROJECT MATRIX 7
ORGANIZATIONAL CHART 8
KEY PROJECT TEAM QUALIFICATIONS 9
RELEVANT PROJECT EXPERIENCE 12
EXPERIENCE WORKING IN DESERT HOT SPRINGS OR COACHELLA VALLEY 14 OTHER RELEVANT EXPERIENCE 17
ADDITIONAL EXPERIENCE 19
2) APPROACH TO THE PROJECT -
UNDERSTANDING AND METHODOLOGY 20
SCOPE OF WORK 21
PROJECT MANAGEMENT 25
3) SCHEDULE -
PROJECT SCHEDULE (EXECUTIVE SUMMARY) 26
PROJECT TIMELINE 27
4) COST -
BUDGET ESTIMATE MATRIX 28
STANDARD HOURLY RATE SHEET 29
2 Item Number: 7.

2021-0282 City of Desert Hot Springs
77-564 Country Club Drive, Suite 211
Palm Desert, CA 92211
Office: 760.259.0108
Fax: 760.772.4264
www.cascinc.com
December 2, 2021

City of Desert Hot Springs
Attn: Juan Carrillo, Principal Planner
Community Development Department (CDD)
11999 Palm Drive
Desert Hot Springs, CA 92240
P: (760) 329-6411
E: [email protected]
Subject: REQUEST FOR PROPOSALS (RFP) – ZONING ORDINANCE UPDATE Dear Mr. Carrillo,
CASC Engineering and Consulting, Inc. (CASC), a California S corporation, is pleased to provide the enclosed Request for Proposals (RFP) for the City’s “Zoning Ordinance Udpate” to the City of Desert Hot Springs (“City”). CASC understands that the City’s Community Development Department (CDD) desires to partner with a competent and qualified planning consulting firm to provide a comprehensive update to the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning) that will coincide with the General Plan update wich was adopted on May 26, 2020. CASC also understands that the proposed updated Zoning Code will ensure the City’s development regulations and processes are consistent with the mixing of uses envisioned in the General Plan Update, as well as, conform to the updated General Plan and California State law.

CASC is very excited with the opportunity to serve the City in this next phase of its vision for the future, and we are confident that our team collaboration, research, and intimate knowledge of Southern California will offer the City a consultant team that will successfully assist with the preparation of a comprehensive update to the City’s Zoning Ordinance. As our tract record will attest, our team consistently exceeds expectations, while delivering key work products on time and within budget.

Our responsiveness, creative problem-solving, and attention to detail, will ensure that the City’s Zoning Ordinance Update will be completed efficiently and meet the City’s anticipated six (6) month timeline.

The CASC Planning Team are experts in providing similar land-use planning services to a variety of municipalities, including many regional and state agencies, cities, and counties throughout Southern California since 1993. This Project will be lead by our Director of Planning, Frank Coyle, who has over 30 years of experience working in both the public and private sector and has managed over 35 on-call planning and environmental agreements throughout Southern California. This includes on-call contracts with the cities of Indio, Palm Springs, Temecula, Hemet, La Quinta, Moreno Valley, Murrieta, San Jacinto, and the counties of Riverside and San Bernardino.

CASC’s branch office in Palm Desert is located only 20 minutes from the City of Desert Hot Springs’ City Hall. Additionally, our corporate office in Colton is located approximately 1 hour from the City of Desert Hot Springs’ City Hall. Thus, our locations offer a uniquely efficient hub with access to the City when needed. In closing, CASC looksforward to serving the City of Desert Hot Springs. If you have any questions, our Director of Planning, Mr. Coyle may be reached by phone at 760-259-0108 ext. 5370, or by email at [email protected].

Sincerely,

CASC ENGINEERING AND CONSULTING CASC ENGINEERING AND CONSULTING Michelle E. Furlong Frank Coyle
Operations Manager (Authorized to Bind) Director of Planning (Day-to-day contact) **Please mail all written correspondence to CASC’s Corporate Headquarters located at 1470 E. Cooley Drive, Colton, CA 92324 or email Frank Coyle directly for immediate response regarding this RFP. 3 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
1) EXPERIENCE

COMPANY PROFILE
CASC Engineering and Consulting, Inc. (CASC), a California S corporation, was established in 1993 to provide professional consulting services to a variety of industry sectors. CASC is a mid-sized consulting firm that combines the personal touch of a small firm, with the stability of the large publicly-traded consulting conglomerates. CASC was established to provide Professional Planning, Environmental Services, Water Quality, Land Survey, and Civil Engineering to small and large municipal and agencies within the public sector throughout Southern California. CASC has served a wide variety of municipal clients within Los Angeles, Orange, Riverside, and San Bernardino counties, with services including but not limited to Environmental Planning, CEQA/NEPA Practitioner Services, Contract Planning, Environmental Regulatory Compliance, General Plan Amendments, Plan Check Services, Municipal Water Quality Inspection, document preparation, and management in compliance with the Clean Water Act and Municipal Storm Water Permits.

CASC is a certified SBE firm #1440120.

THE BEST CHOICE FOR YOUR CITY
CASC’s Planning Division is a team with collective skills and proven experience, which makes us an ideal candidate for this Project. The CASC Team has prepared zoning codes, development ordinances, and other planimplementation tools for several municipalities throughout Southern California. Our Team has a solid understanding of directly relevant experience and offer time-tested alternative regulatory approaches. CASC’s Director of Planning, Frank Coyle has managed the preparation of dozens of zoning and land-use ordinances and has the demonstrated ability to manage zoning ordinance update projects and develop regulations that are concise, straightforward and effective.

ZONING CODE UPDATES AND GENERAL PLANS
At CASC, every project is viewed as a new opportunity to apply our expertise and to collaborate on new approaches and techniques that advance the sustainability, livability, and economic vibrancy of a community. CASC’s experience creating integrated, forward-thinking, and implementable plans and codes has resulted in noticeable, positive change for our client communities. Our team members are experts in zoning and have the ability to write codes that are clear and easy to understand. The technical text is accompanied by graphics and tables to help the user quickly orient to the material and understand how the regulations apply. Key staff members associated with this Project are not only expert code writers, but also serve as contract staff to jurisdictions, answering questions at the counter and implementing the codes that they write. This hands-on knowledge is key to understanding how codes work on an everyday basis, and supports the development of user-friendly and practical regulations.

PARTIAL LIST OF GOVERNMENT CLIENTS

OFFICE LOCATIONS
Palm Desert Office
Distance to the City: 21 mi
77-564 Country Club Drive, Suite 211
Palm Desert, CA 92211
P: (760) 259-010
Colton Office (Corporate)
Distance to the City: 55 mi
1470 E. Cooley Drive
Colton, CA 92324
P: (909) 783-0101
F: (909) 783-0108
Temecula Office
Distance to the City: 65 mi
27710 Jefferson Avenue, Suite 105
Temecula, CA 92590
P: (951) 216-2456
Glendora Office
Distance to the City: 92 mi
633 West Route 66, Suite A
Glendora, CA 91740
P: (818) 841-9004

Irvine Office
Distance to the City: 96 mi
18 Technology Drive, Suite 135
Irvine, CA 92618
P: (855) 383-0101

CURRENT NUMBER OF STAFF
CASC offers a team of over 55
professionals based out of the firm’s
five (5) Southern California offices.

YEARS IN BUSINESS
CASC has been in business for over 28
years.

State/Federal/Regional Districts Counties Cities
• CALTRANS
• March Air Reserve Base
• Los Angeles World Airports
• Burbank-Pasadena-Glendora
Airport
• John Wayne International Airport
• San Bernardino International
Airport
• Southern California Edison
• Mojave River Watershed Group
• EMWD
• CVWD
• MWD
• Riverside County Flood
Control District
• Los Angeles USD
• Santa Ana USD
• Corona Norco USD
• Colton JUSD
• Riverside USD
• Elk Grove USD
• LA County Dept. of Public
Works
• County of Orange
• County of San Diego
• County of Riverside TLMA
• County of Riverside
• County of San Bernardino
• San Bernardino County
Dept. of Public Works
• San Bernardino County
Sheriff
• City of Palm Springs
• City of Palm Desert
• City of La Quinta
• City of Hemet
• City of Banning
• City of Beaumont
• City of Moreno Valley
• City of Riverside
• City of Victorville
• City of Cathedral City
• City of Redlands
4 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

SERVICES PROVIDED AND AVAILABLE
CASC provides a variety of services to our Public Agency Partners, which includes, but is not limited to:

PLANNING SERVICES
Planning Policy Documents
• General Plans and Zoning Amendments
• Zoning Ordinances and Zoning Overlay
• Specific Plans
• Park Planning
• Land Use Concept Plans
• Circulation Infrastructure Plans
• Due Diligence
• Master Planning
• Design Standards
• Architecture and Landscaping Standards
• Implementation and Enforcement Standards

Residential
• Subdivision Maps
• Planned Unit Developments
• High Density Communities
• Park Planning
• Complete Street Design
• Live/Work Space
• Mixed Use Development
• Transit Oriented Development (TOD)
• Walkable Communities

Commercial
• Office Development
• Neighborhood Commercial Retail
• Regional Tourism Planning
• Economic Development
• Historic District
• Destination Retail
• Green Building
• Infill Development
• Overlay District

Industrial
• Business Park Development/High-cube Development
• Redevelopment
• Green Building
Community Engagement
• Community Outreach and Planning
• Planning Commission Public Presentations
• City Council/Board of Supervisor Meetings
• Municipal Advisory Councils / Scoping Meetings
• Community Council Presentations

ENVIRONMENTAL SERVICES
• CEQA/NEPA
• Categorical Exemptions (CE)/Categorical Exclusions (CE) • Initial Studies (IS)/Environmental Assessments (EA)
• Negative Declarations (ND)
• Mitigated Negative Declarations (MND)
• Environmental Impact Reports (EIR)/Environmental Impact Statements (EIS) • CEQA/NEPA Notices
• Peer Review—Environmental Documents & Studies

NATURAL RESOURCES SERVICES
• Biological Resources Assessment and Evaluation
• Focused Surveys for Sensitive Plants and Wildlife
• Habitat Associations and Vegetation Mapping
• Wetland and Waters Evaluation
• Resource Agency Permitting and Coordination
• Mitigation, Negotiation, Compliance and Management
• Habitat Conservation Plans
• Preconstruction Surveys and Biological Construction
Monitoring

GIS SERVICES
• Land Use Planning and Mapping
• Cartographic Services (preparation of maps and report figures)
• Scenario Planning
• Demographic Analysis
• Spatial Analysis
• Glint/Glare Studies
• Shadow Studies
• Line of Sight Evaluations

LAND SURVEYING & MAPPING SERVICES
Construction Surveying & Staking
• As-Built Surveys
• Building Control and Layout
• Grading Certification
• Quality Assurance Surveying
• Site Improvement Surveys
• Subdivision Grading
Design Surveys
• Architectural Design Surveys
• Engineering Design Surveys
• Topographic Mapping
GPS / Geodetic Surveys
• Boundary Survey/Resolution
• Control Surveys
• Geodetic Control Surveys
• GPS Surveys
• Precise Benchmark Circuit Leveling
Photogrammetry
• Aerial Topographic Mapping and Control
• Digital Orthophotography
• Forensic Mapping
Mapping
• Annexation Legal Descriptions and Exhibits
• ATLA/ASCM Surveys/Maps
• Encumbrance Mapping
• Legal Descriptions and Plats
• Parcel Maps
• Right-of-Way Maps
• Records of Survey
• Subdivision Mapping / Tract Maps/ Utility Mapping
5 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
SERVICES PROVIDED AND AVAILABLE, CONTINUED.

CIVIL ENGINEERING SERVICES
Land Development Engineering
• Tentative Final Tract Maps and Parcel Maps
• Site Plans
• Mass Grading Plans
• Rough Grading Plans
• Precise Grading
• Earthwork Analysis
• Street Improvement Plans
• Wet and Dry Utility Plans
• Permit Preparation
• Project Cost Estimates
Water Resources
• Hydrology and Drainage Reports
• Flood Control Engineering
• Storm Drain Plans
• Stormwater Plans/NPDES Compliance
• Retention/Detention Basin Design
• Sewer Plans
• Water and Reclaimed Water Plans
• Construction Support
Transportation Design and Management
• Highway/Roadway Design
• Neighborhood Beautification
• Traffic Safety
• Signing and Striping Plans
• Pavement Rehabilitation
• Street Improvements
• Safe Route to School/Sidewalks/ADA Plans
• Construction Support
Energy / Energy Infrastructure
• Transmission Line, Substation, and Battery Energy Storage Systems (BESS) • Grading and Access Road Plans
• Perimeter and Retaining Walls
• Drainage Facility Design
• NPDES/Storm Water Compliance
• Wet Utilities
• Electrical Support
• Solar and Wind Energy
• Grading Plans
• Reclamation Plans
• Hydrology/Storm Drain/Flood Control
• Permit Compliance
• Construction Support
Government Services / Plan Checking / Peer Review
• Staff Augmentation
• Plan Checking
• Field Inspection
• Municipal Engineering/Public Works

WATER QUALITY & NPDES SERVICES
Construction NPDES
• Storm Water Pollution Prevention Plans (SWPPPs)
• Notices of Intent (NOI)
• Permit Registration Documents (PRDS)
• Notices of Termination (NOT)
• Qualified SWPPP Developer (QSD) Services
• Qualified SWPPP Practitioner (QSP) Services
• Fugitive Dust Control Plans
• Construction General Permit Training
New Development and Redevelopment
• Water Quality Management Plans (SWMPs, WQMPs, and
SUSMPs)
• Water Quality Hydrology and Hydraulics
• Low Impact Development (LID)
• Site Design and Source Control BMP Design
• Treatment Control BMP Design
Municipal NPDES
• Municipal Program Management / Development
• Storm Water Sampling and Monitoring
• Commercial/Industrial Facility Inspections
• Construction Site Inspections
• Municipal Agency Training
• MS4 Program Reporting
Industrial NPDES
• Storm Water Pollution Prevention Plans (SWPPPs)
• PRDs, SMARTS
• BMP Design
• Training
• Third Party Inspections
• Storm Sampling
• Reporting

SMALL UNMANNED AIRCRAFT SYSTEMS SERVICES
• High (4k) Resolution Aerial Imagery and Videos
• Construction and Environmental Compliance Monitoring
• Tower/Structure Maintenance Inspections
• Topographic Surveys, Distance and Area Calculations
• AutoCAD and GIS integration
• Earthwork and Stockpile Volume Calculations
• Orthomosaic Photography with Google Earth Overlay
• 3D Point Clouds

LANDSCAPE ARCHITECTURE SERVICES
• Planning Design/Irrigation Design
• Entitlement Services
• Grading and Hardscape Design
• Institutional and Commercial Landscape Design
• Park Planning and Design
• Streetscape and Design
• Trails Master Planning
• Golf Course Design and Remodeling
• Project Landscape Inspections
• Peer-Review
6 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE AMENDMENT

PROJECT MATRIX
Client Name Project Name Project Category/Service
City of Desert Hot
Springs
Development Review/Plan Check/
Environmental Services
On-Call Consulting, Major Development
Applications, Design Review, General Plan
and Zoning Compliance, Plan Checking
City of Walnut Form-Based Zoning Code
Amendment & Design Guidelines
Zoning Ordinance/Zoning Overlay, Design
Standards, Mixed-Use Development, Infill
Development
City of Banning General Plan Update General Plan, Land Use Concept Plans, Design Standards, Public Outreach, MixedUse Developments County of San
Bernardino Land Use
Services Department
On-Call Planning and
Environmental Services
Development Code Update, General Plan
Update, Parcel Based Zoning Map,
Community Action Guides
County of Riverside

TLMA, CA
Community Corridor Specific Plan
and Programmatic EIR, Highway
74 Community Plan, General Plan Amendment,
Zone Consistency Program, Programmatic
EIR
County of Riverside
TLMA, Winchester, CA
KTM Motorsports Initial Study, CEQA, Land Use Concept Plans, Design Standards, Mixed-Use Development,
Subdivision Maps, Conditions of Approval,
ALUC Coordination
City of Industry On-Call Planning & Environmental
Services
Zoning Amendments/Zoning Ordinances,
Industrial, Commercial, Planning
Commission/City Council Meetings, Initial
Studies, CEQA
County of Riverside
TLMA, Vista Santa
Rosa, CA
Riverside 40 Tentative Map Tentative Tract Map, Design Guidelines and Development Standards, Initial Study, Land
Use Concept Plan, Residential, Street Design,
Landscape Architecture
County of Riverside
TLMA, Hemet, CA
Cantalena Specific Plan and EIR Medium to High Density Residential, Specific Plan, Environmental Compliance, Zoning
Amendment, Park Planning, Design
Guidelines and Development Standards
City of Fontana Coyote Canyon Specific Plan and
Annexation
Master Planned Community, Specific Plan,
General Plan Amendment, Infrastructure
Design, Annexation
City of Hemet IS.MND for SB2 Planning Grant
Projects
General Plan, Land Use Concept Plans,
Design Standards, Initial Study, Mixed-Use
Developments
County of Riverside
TLMA, French Valley,
CA
French Valley Marketplace
(Quinto Do Lago Specific Plan No.
284)
Specific Plan Amendment, Zoning
Amendment, Initial Study, Conditional Use
Permit, Plot Plan, Subdivision Map
County of Riverside,
CA
Domenigoni-Barton Specific Plan Specific Plan, Environmental Impact Report, Multi-Family Residential, Mixed-Use
Development, Business Park Development,
Design Guidelines and Development
Standards
City of Wildomar Contract Planning Services Design Review, City’s Vacant Lands Inventory Map and General Plan Analysis
7 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

ORGANIZATIONAL CHART
CASC is pleased to present our highly experienced Project Team shown in the Organization Chart below. Our team of professionals hold credentials that attest to their knowledge, skills, and abilities. By presenting credentialed and experienced staff, the City of Desert Hot Springs will have exceptional confidence in the team.

CASC Project Management
Rick Sidor, Principal-In-Charge
Frank Coyle, Project Director
Comprehensive Zoning Code Update
Task Lead:

Jessie Bruckhart, Senior Planner
Key Team Members:

Tom Nievez, QA/QC Officer
Sabrina Snowball, Associate Planner II
Lauren Thompson, Associate Planner I
Ben Hamada, GIS Specialist II
Project Management:

Rick Sidor, PE, will serve as Principal-in- Charge for this Project. Mr. Sidor will work with the Project Director, Frank Coyle. Mr. Coyle is the Director of Planning at CASC with over 30 years of experience in urban and regional planning and has managed a wide variety of high-quality policy planning and environmental documents. Mr. Coyle will be the day-to-day contact and will guide the overall project direction and strategy.

Task Lead:

Jessie Bruckhart, is a Senior Planner and will serve as the Task Lead for this Project. Ms. Bruckhart has over 9 years of experience, and has worked on many planning projects for the County of San Bernardino which includes the Countywide Plan for the General Plan Update, County Community Action Plan, Greenhouse Gas General Plan Element Update, RHINA Reporting, and Development Code Updates. Ms. Bruckhart brings valuable perspective to addressing compliance measures for projects which stems from her unique background in project management of commercial, residential, and subdivision projects, General Plan updates, zoning ordinances, map creation and data analysis, and data and GIS analysis as well as process improvement and software implementation experience. 8 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

KEY PROJECT TEAM QUALIFICATIONS

FRANK COYLE, DIRECTOR OF PLANNING
PROJECT ROLE: PROJECT DIRECTOR/PROJECT MANAGER
EDUCATION: B.S. COMMUNITY AND REGIONAL PLANNING, IOWA STATE

UNIVERSITY, IA

PROFESSIONAL REGISTRATIONS, TRAINING, CERTIFICATES, LICENSES & AFFILIATIONS: CITY OF REDLANDS CLIMATE ACTION TASK FORCE COMMITTEE (MEMBER), 2008—2011; AMERICAN PLANNING ASSOCIATION (APA), URBAN LAND INSTITUTE; REGISTERED ENVIRONMENTAL ASSESSOR I
YEARS OF EXPERIENCE: 30+ YEARS
Mr. Coyle has more than 30 years of experience in urban and regional planning in both the private and public sectors. Mr. Coyle was employed as the Deputy Planning Director for Riverside County, overseeing both the Advanced Planning and Current Planning divisions. In addition, Mr. Coyle has managed over 35 on-call planning and environmental contracts in Southern California. Mr. Coyle’s substantial portfolio of work includes development ordinance revisions and code updates for dozens of local governments including several cities such as the cities of Hemet, Moreno Valley, Fontana, Chino, Redlands, Industry, Walnut, Commerce, and the counties of Riverside and San Bernardino. Mr. Coyle’s background also includes code rewrites for many smaller communities and counties, as well as specialized zoning assignments for state and regional agencies. As a result, he possesses strong knowledge and understanding of development economics, governing agencies, and bureaucratic procedures. He has reviewed and processed various specific plans and EIRs; managed a wide variety of site-specific projects through the CEQA process; evaluated general plan amendments (GPAs), zone changes, and subdivision requests; prepared and presented reports; and made recommendations to various planning bodies. His thorough knowledge of CEQA and experience with the principles and practices of urban and regional planning, zoning, and subdivision concepts make him a leader in the industry and an asset to the CASC team.

KEY EXPERIENCE:
• County of Riverside’s Comprehensive Zoning Code Update • City of Walnut’s Zoning Ordinance Amendment (Form-Based Code) • City of Banning’s General Plan Update and Zoning Map
• County of Riverside’s General Plan Update and General Plan Environmental Impact Report • Irvine Business Complex Vision Plan and Mixed-Use Overlay Zoning Code EIR Addendum • Temecula Valley Wine Country Community Plan, Zoning Ordinance Amendment, and Program EIR

TOM NIEVEZ, SENIOR PROJECT MANAGER
PROJECT ROLE: ASSISTANT PROJECT MANAGER
EDUCATION: B.S. URBAN AND REGIONAL PLANNING, CALIFORNIA STATE

POLYTECHNIC UNIVERSITY, POMONA

PROFESSIONAL REGISTRATIONS, TRAINING, CERTIFICATES, LICENSES & AFFILIATIONS: BUILDING INDUSTRY ASSOCIATION (BIA) RIVERSIDE AND MT.

BALDY CHAPTERS; AMERICAN PLANNING ASSOCIATION (APA)
YEARS OF EXPERIENCE: 35+ YEARS
Mr. Nievez brings over 35 years of practical and comprehensive experience in the environmental, project management, planning and land development industries. He brings both public and private sector experience, including experience with land developers, professional consulting firms, home builders, and public agencies. Mr. Nievez utilizes this knowledge and experience of the practical functions of each sector to achieve preferred client objectives, while establishing and maintaining professional working relationships with staff at all levels. Mr. Nievez serves as our QA/QC Officer for all development code projects with a focus on effective streamlining of processes, compliance with laws, consistency across jurisdictional land use policy, and translating policy direction into clear and implementable development standards.

KEY EXPERIENCE:
• Zoning/Telecommunications Ordinance Amendment Sections, County of San Bernardino, CA • Telecommunications Ordinance, City of Diamond Bar, CA • Contract Planning Services (Planning Applications, Conditions of Approvals, Clearances, Land Use Zoning and Setbacks Procedures), County of San Bernardino, CA
9 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

JESSIE BRUCKHART, SENIOR PLANNER
PROJECT ROLE: TASK LEAD
EDUCATION: B.S. ENVIRONMENTAL PLANNING AND GIS, INDIANA UNIVERSITY

OF PENNSYLVANIA, PA
AREAS OF EXPERTISE: PROJECT MANAGEMENT; PLAN REVIEW AND DEVELOPMENT CODE CONSISTENCY; PROCESS IMPROVEMENT; SPATIAL ANALYSIS AND MAP CREATION; PUBLIC ENGAGEMENT AND FACILITATION YEARS OF EXPERIENCE: 9+ YEARS
Ms. Bruckhart specializes in long-range planning, urban design, zoning code updates, design guidelines, and preparation of preliminary drafts and reports. Ms. Bruckhart is a Senior Planner at CASC and currently serves as a Contract Planner for the County of San Bernardino under CASC’s Contract Planning Services Agreement with the County. Ms. Bruckhart has worked on several planning projects including the Countywide Plan for the San Bernardino County General Plan Update, County Community Action Plan, Greenhouse Gas General Plan Element Update, RHINA Reporting, and Development Code Updates. In addition, Ms. Bruckhart is experienced in CEQA analysis, project management, code compliance, and designing urban infill and mixed use developments. Ms. Bruckhart is very passionate and enthusiastic about civic engagement, which makes her an effective liaison with the public.

KEY EXPERIENCE:
• Development Code Updates, County of San Bernardino, CA • San Bernardino County General Plan Update, County of San Bernardino, CA • RHINA Reporting, County of San Bernardino, CA
• Community Action Guides, County of San Bernardino, CA • Open Counter Implementation (Zoning District, Parcel, and Overlay GIS Data), County of San Bernardino, CA • Parcel Based Zoning Map, County of San Bernardino, CA

SABRINA SNOWBALL, ASSOCIATE PLANNER II
PROJECT ROLE: PLANNER
EDUCATION: B.S. REAL ESTATE & DEVELOPMENT, UNIVERSITY OF CALIFORNIA,

SAN DIEGO, CA
AREAS OF EXPERTISE: MIXED-USE DEVELOPMENTS, COMMUNITY

DEVELOPMENT, LAND USE POLICY, DATA ANALYSIS, URBAN DESIGN, CEQA YEARS OF EXPERIENCE: 3+ YEARS
Ms. Snowball is engaged in a variety of planning assignments and carries out daily and longrange objectives. Her passion lies at the intersection of land use policy and the built environment. Ms. Snowball is driven by looking at the whole picture, integrating urban design, active transportation, environmental conservation, and social issues such as housing affordability into policy. Ms.

Snowball has acquired land use planning skills and an advanced understanding of public and private works through various capacities of consultation. She assisted the University of California, San Diego find solutions for dangerous areas around campus related to heavy automotive and pedestrian traffic. Ms. Snowball brings valuable perspective to addressing land use measures for projects which stems from her background in land use policy, community development, data analysis, and real estate development.

KEY EXPERIENCE:
• Form-Based Zoning Ordinance Amendment, City of Walnut, CA • General Plan Opportunities and Constraints, City of Yucaipa, CA • General Plan Update, City of Banning, CA
• Planned Unit Development (PUD), City of Victorville, CA • IS/MND for Nason Marketplace (Mixed-Use Development), City of Moreno Valley, CA 10 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

LAUREN THOMPSON, ASSOCIATE PLANNER I
PROJECT ROLE: PLANNER
EDUCATION: B.S. PSYCHOLOGY, CALIFORNIA BAPTIST UNIVERSITY, RIVERSIDE CA
AREAS OF EXPERTISE: REPORT PREPARATION, QUALITY ASSURANCE/QUALITY

CONTROL, POLICY ANALYSIS, DESIGN & DEVELOPMENT STANDARDS,

CONDITIONS OF APPROVAL, COMMUNITY OUTREACH
YEARS OF EXPERIENCE: 4+ YEARS
Ms. Thompson prepares preliminary draft and final planning policy reports, conducts planning-related research, reviews and prepares design and development standards and zoning code updates, and designs informative and attractive graphics. Ms. Thompson works closely with Project Managers to investigate and summarize existing conditions, conducts data analysis, and develops community outreach programs. In addition, Ms. Thompson prepares proposals, marketing material, manuals and information guides, project budget tracking, contract administration, and develops/maintains internal databases. Ms. Thompson draws on her experience working with the public through her past experience as a Community Development/Outreach Coordinator. Her diverse experience brings insight, strategy, and resources to all planning-related projects.

KEY EXPERIENCE:
• Form-Based Zoning Ordinance Amendment, City of Walnut, CA • General Plan Update, City of Banning, CA
• Frank & Son Collectible Show, Zoning Ordinance Amendment, City of Industry, CA • Highway 74 Business Corridor Community Plan and Programmatic EIR, County of Riverside, CA • KTM Motorsports Planning Entitlements and Conditions of Approval, County of Riverside, CA

BEN HAMADA, GIS SPECIALIST
PROJECT ROLE: GIS SPECIALIST
EDUCATION: M.S. GIS, UNIVERSITY OF REDLANDS, CA; B.A. ART STUDIO,

MINOR IN ENVIRONMENTAL STUDIES, UNIVERSITY OF REDLANDS
AREAS OF EXPERTISE: ARCGIS SERVER ADMINISTRATION; ARCGIS DESKTOP/ ONLINE; ENTERPRISE, PRO, INDOORS, SOLUTIONS, DRONE2MAP, SURVEY123, WORKFORCE, STORYMAPS, WEB APPBUILDER, MODEL BUILDER, 3D ANALYST, SPATIAL ANALYST, NETWORK ANALYST; DATA CONVERSION; DATABASE DESIGN; DATA MODELS; FIELD DATA COLLECTION AND MAPPING; PIX4D; CITYWORKS ADMINISTRATION & REPORTS; ADOBE CC PHOTOSHOP/ ILLUSTRATOR YEARS OF EXPERIENCE: 7+ YEARS
Mr. Hamada joined CASC in September of 2021 as a GIS Specialist. He has held other job titles including GIS Analyst and GIS Technician, and has over 5 years of GIS experience in the academic, government , and the private sector. Mr. Hamada is responsible for geodatabase management, software integration, data quality control, 3D data modeling, and the delivery of data requests. He collects data using various methods, creates and updates maps, and also trains employees in GIS application use. His diverse experience brings insight and up-to-date GIS strategy to the team. Mr. Hamada’s past project work involved extensively managing water-related data, in which he built water network collector apps.

KEY EXPERIENCE:
• Form-Based Zoning Ordinance Amendment, City of Walnut, CA • General Plan Update, City of Banning, CA
• Zoning Map Update, City of Big Bear Lake, CA
• Parcel Permit Checking Application, Coachella Valley Conservation Commission • Illustrative Templates, Irvine Company, CA
11 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

RELEVANT PROJECT EXPERIENCE

ZONING ORDINANCE AMENDMENT (FORM-BASED CODE)

CITY OF WALNUT, CA
SERVICE DATES: 2021 - ONGOING
Project Description:

The City of Walnut is currently preparing for the 6th Cycle of the City’s Regional Housing Needs Assessment (RHNA). Per the SCAG 6th Cycle Final RHNA Allocation Plan approved on March 22, 2021, the City has a total allocation of RHNA 1,293 dwelling units and a No Net Loss of 170 dwelling units that must be accounted for. The City’s General Plan includes a Medium Density Residential designation only up to 14.0 du/ac and Mixed-Use Density designations from 14.0 to

28.0 du/ac. CASC developed a Medium-High (MH) and High (H) Density Residential designation to meet the projected densities required for the City’s RHNA allocation numbers. The (MH) and (H) Zones were developed with a Form-Based Code (FBC), and serves as District Overlay Zones to designate specific areas in the City suitable for higher density residential neighborhoods. The goal of the FBC is to achieve a specific design them that is vibrant, utilizes unique streetscapes and innovative design concepts, is compatible with adjacent land uses, and promotes walking and biking with pedestrian-friendly streets. The FBC addresses regulatory and design standards such as density use, setbacks, parking requirements, building heights, building facades, architectural elements, and building form and mass in relation to one another. The regulations and standards are presented in both written form and clearly drawn diagrams and other visuals. Ultimately, the FBC is a tool which will guide development alongside the General Plan Housing Element and other relevant community plans.

The (MH) and (H) Residential District Overlay Zones permits the following developments: Townhomes, Condominiums, Senior Housing Facilities, and Parking Structures.

The Medium-High (MH) Residential District Overlay Zone
The MH Residential District Overlay Zone permits a density ranging from 32.0 du/ac to 36.0 du/ac for affordable housing consisting of multiple-unit residential developments.

The High (H) Residential District Overlay Zone
The H Residential District Overlay Zone permits a density ranging from 36.1 du/ac to 40.0 du/ac for affordable housing consisting of multiple– unit residential developments.

The Scope of Work Included:
• Mobilization and Identification (Due Diligence Research) and Ordinance Analysis (Summary of Existing Conditions Memorandum)
• Informal Field Surveys (Windshield Survey Report) and “Look-Book” of images captured by CASC’s drones • 1st and 2nd Screencheck Drafts of the Zoning Ordinance Amendment in Word and PDF format • 1st and 2nd Screencheck Drafts of the Zoning Map in PDF format • CASC recently submitted the Draft Zoning Ordinance Amendment to the City and anticipates to attend the Planning Commission meeting in December 2021 and proceed to City Council in January 2022.

Team Members:

Frank Coyle, Sabrina Snowball, Lauren Thompson, Ben Hamada, Jessie Bruckhart CASC’s exhibit identifies the setbacks when the
District Overlay Zones abuts single-family residential. 12 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

ON-CALL LAND USE PLANNING AND ENVIRONMENTAL SERVICES

COUNTY OF SAN BERNARDINO LAND USE SERVICES DEPARTMENT, CA SERVICE DATES: 2018 - ONGOING
CASC currently serves as an “extension-of-staff” to the County of San Bernardino’s Land Use Services Department and has performed a variety of land use planning services to the County. This includes the following:

DEVELOPMENT CODE UPDATE
CASC is currently in the process of preparing the Development Code Update for the County of San Bernardino.

CASC has reviewed the existing Code to find inconsistencies based on the new General Plan Goals and Policies, and reorganized the current Code to provide a concise and easy to read format with effortless access to specific sections of the Code. CASC facilitated discussions with County Staff to identify the strengths, weaknesses, opportunities, and threats in the existing Zoning Code and provided solutions to address feedback in the Zoning Code Update. CASC also drafted updates to the Zoning Code for review and input from County Staff and provided draft documents and a matrix of changes for presentations at the Planning Commission. CASC is currently providing development training for County Staff to ensure an easy transition, arranging public participation, monitoring comments, and responding to public inquiries regarding the updates to the Zoning Code.

GENERAL PLAN UPDATE
CASC prepared a comprehensive General Plan Update for the County of San Bernardino that included a new set of plans and tools that exceed a traditional general plan. The General Plan Update included a web-based version of the Countywide Plan with interactive dynamic maps and content that allows easy accessibility for County Staff and the public to use the new Plan. CASC’s Senior Planner, Jessie Bruckhart, was responsible for facilitating and coordinating an extensive public engagement process that included: management and content creation for social media platforms like Instagram, Twitter, and Facebook, email newsletters, and in-person meetings. Ms. Bruckhart also created and provided training to County Staff on the new Goals and Policies of the General Plan Update.

PARCEL BASED ZONING MAP
CASC assisted County Staff in the efforts to prepare a Parcel Based Zoning Map. CASC reviewed and identified inconsistencies in the existing Zoning Map based on the newly adopted Goals and Policies of the General Plan Update, facilitated discussions and activities with County Staff to obtain feedback on the Zoning Map and associated issued, provided a Draft webmap for review and feedback, created exhibits and online maps for presentation at Planning Commission Workshops, created and defied special study areas that require an additional zoning study to determine proper zoning, generated a map layer to quickly show the areas of change to make it easier for County Staff and the public to identify proposed zone changes, provided response to questions concerning proposed zone changes, and created overlays based on public input and policies from the General Plan Update. The Parcel Based Zoning Map is expected to be released in early December 2021.

COMMUNITY ACTION GUIDES
CASC’s Senior Planner, Jessie Bruckhart, assisted in the preparation of the County of San Bernardino’s Community Action Guides as part of the Countywide Plan. CASC facilitated discussions with community residents about the strengths, weaknesses, threats, and opportunities of their community, assisted in development of the action-oriented direction for each community, and assisted a team of County Staff members to create action items for each community based on feedback from public outreach. The communities were subdivided into three (3) regions within the County: the Valley Region, the Mountain Region, and the Desert Region. Lastly, CASC formatted and maintained the Community Action Guides, including monitoring the progress, assisting communities with resources to achieve goals, and updating the community profiles based on community feedback. 13 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

EXPERIENCE WORKING IN DESERT HOT SPRINGS OR COACHELLA VALLEY The image above indicates a few project locations that CASC has performed land use planning and environmental services. This highlights our most recent experience providing a variety of services within the Coachella Valley region and near the City of Desert Hot Springs.

EXPERIENCE IN THE CITY OF DESERT HOT SPRINGS
CASC’s Planning Division has over 28 years of experience working in the Coachella Valley region. In 2015, CASC served as an On-Call Environmental and Planning Consultant to the City of Desert Hot Springs for a wide array of environmental and entitlement work. CASC was part of the City’s approved on-call list of Environmental Planning and Land Use Consultants that assisted in land use, zoning, and CEQA environmental review of a wide array of major development applications, including residential, commercial, and several new industrial projects, associated with the City’s Municipal Code. CASC’s municipal planning and environmental services provided a much needed asset to the City for cost-effective and efficient services towards the community and your business partners. As part of CASC’s Scope of Work, our firm provided Design Review, General Plan and Zoning Compliance relative to new Development Projects that were submitted to the City. CASC would review such documents, provided “redline” comments and corrections, and provided our feedback to the City and Project Developers.

Additionally, CASC performed professional engineering, land survey, and planning services for the preparation and management of a Conditional Use Permit application pursuant to Section 17.180 of the City of Desert Hot Springs Municipal Code, associated with the construction of a proposed 20,000 sq. ft. agricultural building on approximately 18 acres located within the City of Desert Hot Springs. CASC’s Engineering Team identified the applicable ultimate street widths and configurations associated with the City’s regulations and requirements for Conditional Use Permits (CUP). CASC’s Planning Team conducted an extensive site visit of the project in order to investigate and ascertain the properties characteristics, possible constraints, and associated development opportunities. CASC provided a comprehensive analysis of the development’s entitlement options available for the Subdivision process through the City of Desert Hot Springs. Lastly, CASC provided project management, which included the submittal of the subdivision application, represented the Client at all County-related meetings, reviewed and completed the application’s related corrections, reviewed recommended conditions of approval, and responded accordingly to County Staff and the Client.

City of Desert Hot Springs Government Services/Projects Land Development/Private Clients 14 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
EXPERIENCE WORKING IN DESERT HOT SPRINGS OR COACHELLA VALLEY, CONT.

RIVERSIDE 40 TENTATIVE MAP, VISTA SANTA ROSA, CA
CASC prepared a Tentative Tract Map, Agricultural Design Guidelines and Development Standards, and an Initial Study/ Mitigated Negative Declaration (IS/MND), for a proposed residential subdivision consisting of 80-single family residential lots, with a minimum lot size of 10,000 square feet located at the southeast corner of Monroe Street and 55th Avenue in the unincorporated area of the County of Riverside adjacent to the City of La Quinta. The property encompasses approximately 40 gross acres and is within the Eastern Coachella Valley Area Plan of western Riverside County.

The project required a General Plan Amendment to change the land use designation from Very Low Density Residential to Medium Density Residential and a change in zone from Single-Family Residential (30,000 sq ft lot minimum) to Single-Family Residential (10,000 sq ft lot minimum). The project proposed a multi-use equestrian trail with an equestrian split-rail fence along Monroe Street, open space/buffer with landscaping areas adjacent to agricultural zoned properties. The project remained consistent with the integrity of the VSR land use plan and promoted unifying community themes such as signs, landscaping, trails, and fencing. CASC developed an Incentives Program that aimed to increase the density of some community development land to promote the conservation of multipurpose open space and assist in infrastructure improvements. The program served to further liven the proposed Community Centers, as well.

The Architectural Design Guidelines intended to establish and enhance the agricultural characteristics of the Vista Santa Rosa community while providing a well-maintained appearance for neighborhood design. According to the Vista Santa Rose Community Land Use Concept Plan, the Project Site falls within Policy Area 3, which mostly lies between Avenue 55 and 61. Policy Area 3 is envisioned to include a mixture of lifestyle and village housing opportunities which includes a series of small residential, resort, and possibly country club communities, with open spaces and trails between and linking them. The associated site improvements would include paved roadways, sidewalks, landscape, areas, enhances entry off Monroe St., buffer areas along the project perimeter, a multi-use trail along Monroe Avenue, water quality retention basin and various underground utilities.

The community of Vista Santa Rosa is defined by agricultural and equestrian uses, with developments reflecting a simple, unadorned, elegance. The Development Standards and Regulations provide general criteria for addressing site development within the project boundary only, and as such, may slightly differ from ordinances and policies set forth by the County of Riverside. In addition to the Design Guidelines, CASC has prepared the Initial Study Checklist (in accordance with the newly adopted Appendix G of the State CEQA Statutes) on behalf of the County of Riverside Transportation and Land Management Agency (TLMA) in order to satisfy the requirements of CEQA for this proposed development. In addition, to the CEQA document preparation and Design Guidelines, CASC is preparing a Hydrology and Hydraulics Report, Drainage Report, a Preliminary Water Quality Management Plan (PWQMP), an Air Quality/Greenhouse Gas (GHG) Analysis Report in support of the Project, as well as peer-reviewing and integrating several additional technical studies including, Noise, and a Phase I Environmental Site Assessment (ESA). The project was approved by the County in July of 2020.

Team Members:

Frank Coyle, Tom Nievez, Lauren Thompson
15 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
EXPERIENCE WORKING IN DESERT HOT SPRINGS OR COACHELLA VALLEY, CONT.

MANUFACTURED HOME ZONING OVERLAY/ IS/ND AND HOUSING INVENTORY, CITY OF EL

CENTRO, CA
The Multiple Owner Group - Manufactured Home Zoning
Overlay was developed to provide temporary Housing
Relief and Assistance to nearly 120 homes within the lower Coachella Valley, specifically the communities of Mecca and Thermal.

CASC managed the research, prepared the CEQA reports,
preparation and presentation of a municipal code/zoning overlay specifically related to unpermitted Mobile Home Parks within the southeastern Coachella Valley (e.g.,
Thermal, Mecca, Coachella, and North Shore). For several unpermitted Mobile Home Parks (MHPs) existing under
ownership from multiple owners, and as such did not
qualify as a MHP under Title 25 of California regulations.

The same State laws require land use and zoning
compliance before issuing local permits for building,
electrical, and/or utilities to ensure and satisfy general health and safety conditions exist. Collectively, the
Riverside County Board of Supervisors requested
temporary relief of these land use permit standards in
order to facilitate the rehabilitation of water, electrical, plumbing, and access systems within each MHP identified through the County’s parcel-by-parcel inventory conducted in November of 2011 throughout a 48 square mile area.

The project resulted in a newly drafted section of the Riverside County Zoning Code that legalized the identified MHPs for a period of five (5) years in order to permit the health and safety items discussed above. CASC’s Planning team conducted the survey, prepared the data associated with the area-wide parcel search, prepared the CEQA documentation and filed the Mitigated Negative Declaration, drafted the initial and final versions of the County’s Municipal Code update. In addition, CASC interacted with regional partners, affected residents, and external stakeholders through a series of one-on-one conversations and scheduled workshops (both in English and Spanish). CASC presented the project to the Riverside Planning Commission and Board of Supervisors for review, comment, and adoption.

Team Members:

Frank Coyle, Tom Nievez
16 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

OTHER RELEVANT EXPERIENCE
COMMUNITY CORRIDOR SPECIFIC PLAN AND PROGRAMMATIC EIR, HIGHWAY 74, RIVERSIDE

COUNTY TLMA, CA
CASC has been providing a variety of Land Use Planning, Environmental, Design, and Project Management Services for the County of Riverside Transportation and Land Management Agency (TLMA) since 2015. This project is comprised of two (2) Phases. Phase I of the project included the completion of the Highway 74 Community Plan Corridor Assessment of over 900 parcels along an 8.4-mile length of Highway 74, from the City of Lake Elsinore to the City of Perris. The project consists of the development of a wide range of residential neighborhoods of varying densities, commercial retail, mixed-uses, light industrial, business parks, public facilities, open space, and recreational areas. CASC complied the field data with the desktop data that includes land uses, zoning, road access, drainage constraints, and the existence of water and sewer infrastructure to each parcel. CASC prepared a series of GIS-based land use maps and presented the findings to the County Staff, the County Board of Supervisors, and the staff and Board Members for two water districts that cover the Project area, as well as three separate citizen’s groups. The data and exhibits were used by the County as part of their Comprehensive General Plan Update (2008-2016). CASC is currently developing Phase II of the Highway 74 Community Plan. CASC has conducted several community public outreach meetings with residents to inform the broader community about the Project and the expected positive impacts on the community as a whole. The project is anticipated to proceed to the Board of Supervisors in early 2022.

As part of Phase II, CASC prepared Consistency Zoning Maps, in both a County IT compatible ArcGIS/Geodatabase version and a PDF version.

The zoning consistency maps were subdivided by Area Plan for greater control, review, and integration into the County’s Mapping System.

The Consistency Zoning documents were based upon the proposed and recommended General Plan Land Use Designations (GP-LUDs).

The zoning maps were provided to the County, in combination with an APN spreadsheet that correlates each affected parcel with its “old” or current zoning classification and then the “new” zoning classification. These tables and maps were formatted for simple integration into the County’s ArcGIS mapping system.

Phase I Scope of Work: Public Records/Agency Research, Corridor Study Exhibits, Infrastructure Master Plans, Site Visits/Property Investigations, Corridor Study Boundary Plans
Phase II Scope of Work: Field Reconnaissance Survey, Existing Settings Report, Land Use Business Corridor Land Use Study, Opportunities and Constraints Analysis, Design Guidelines Manual (Highway 74 Community Plan Goals, Principals, Objectives, and Conceptual Design Imagery), Community Plan, Alternative Land Use Vision Scenario, Preliminary Community Development and Phasing Plan, General Plan Amendment.

Team Members:

Frank Coyle, Tom Nievez, Lauren Thompson, Ben Hamada, Jessie Bruckhart 17 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

GENERAL PLAN UPDATE, CITY OF BANNING, CA
CASC is currently providing Focused Amendments to the Land Use and Circulation Elements of the City’s General Plan. The goal of the General Plan Update is to update the Land Use and Circulation Elements of the City of Banning’s 2006 General Plan in collaboration with both the VMT Guidelines and RHNA/Housing Element update and amend the following planning documents:
• The City’s General Plan Land Use Element, which will include the Land Use Map and corresponding policies resulting from the changes from the VMT Guidelines and Housing Element updates.
• The City’s Circulation Element, including the existing General Plan Street System resulting form changes in circulation and land use patterns from both the VMT Guidelines and Housing Element updates.
• The City’s Zoning Map, which will require updates based on changes to the City’s Land Use Element Update.
• Update Disjointed Land Use Patterns, specifically along the I-10 Freeway and other major east-west arterials.

The existing less dense residential development and open spaces will be evaluated to a more suburban development within the community.
• Preparation of an Initial Study (IS) and a Mitigated Negative Declaration (MND), will be prepared in support of the General Plan Update.

The Land Use and Circulation Elements are key components of the City of Banning’s General Plan, establishing the City’s guidelines for balanced development, community wellbeing, and forward-thinking transportation standards. The City is currently undergoing a two-parallel process to update the General Plan. Firstly, the City intends to incorporate the required Vehicle Miles Traveled (VMT) criteria and guidelines set forth in the SB 743 the Guidelines OPR.

The Land Use and Circulation elements shall also integrate any remaining language, policies, or requirements that result from the VMT updates, policies, and changes resulting from the City’s SB 743 VMT Guidelines compliance measures. Secondly, the City is updating the Housing Element, under separate contract, to reflect the 6th Cycle RHNA allocation for the City.

Scope of Work: General Plan Update, Initial Study/Mitigated Negative Declaration, Community Outreach/Workshops, Land Use Plans Alternatives, Zoning Map Update, Opportunities and Constraints Analysis Team Members:

Frank Coyle, Sabrina Snowball, Ben Hamada, Lauren Thompson 18 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

ADDITIONAL EXPERIENCE
COUNTY OF RIVERSIDE’S COMPREHENSIVE ZONING CODE UPDATE
Mr. Coyle served as the Project Director for the County of Riverside’s Comprehensive Zoning Code Update and the first Countywide Climate Action Plan (CAP) in California history. Mr. Coyle was responsible for managing a team of Land Use Planners that developed hundreds of parcel-specific land use changes across the 7,200-acre County, and updated and revised several General Plan Policies and Overlay Areas. Mr. Coyle was also responsible for managing the internal drafting of a Programmatic EIR which provided environmental clearance for the County General Plan Update that he also managed. Included within this Update, was the first county-wide Climate Action Plan (CAP) prepared by Atkins Global for the Community Development and Redevelopment sectors of the County, including the long-term operation of County facilities. Mr. Coyle planned, managed, and coordinated the schedule and budget of this extensive project, which was eventually adopted by the Board of Supervisors in December of 2015.

This Project was funded by a $1.2 million dollar grant from the Department of Energy (DOE) and provided an opportunity for the County to jump on AB 32/SB 375 compliance. In addition, Mr. Coyle also served as the Project Director for the County of Riverside’s Comprehensive Zoning Code Update. The County’s Zoning Ordinance was originally adopted in mid-1960 and held together through a patchwork of amendments and internal policies until this comprehensive overhaul. The Zoning Ordinance update included the County’s B-29 Solar Policy and two solar amendments impacting both utility-scale and residential solar projects. Mr. Coyle drafted many Articles, Sections, and Provisions of the County’s “Ordinance No. 348”, which served as the County’s Zoning Code since 1963, thus requiring comprehensive overhaul to establish contemporary standards and zoning procedures for the 21st Century.

GENERAL PLAN UPDATE AND GENERAL PLAN EIR
Mr. Coyle was directly involved with the Riverside County General Plan Update. The GPA was developed to ensure that the comprehensive plan of 2003 remained a useful blueprint for future County growth. The GPA encompassed a variety of General Plan changes to address focused and balanced growth. Specific changes were proposed throughout the various General Plan Elements and Area Plans. In conjunction with the GPA, Mr. Coyle was directly involved with the preparation of the Draft EIR and Draft Climate Action Plan (CAP).

CLIMATE ACTION PLAN (CAP), GENERAL PLAN ELEMENT
Riverside County’s Climate Action Plan (CAP) identified the greenhouse gas emissions for a wide variety of sectors as established by the California Air Resources Board’s (CARB) Scoping Plan for Assembly Bill (AB) 32. CASC's Director of Planning, Frank Coyle, managed the preparation of the plan and presented it to the County Board of Supervisors for review and adoption. The CAP identified the GHG inventories for the Community Development sector, as well as, the existing development and redevelopment sectors along the same baseline of categories as identified below. In addition, the development and ultimate approval of the Count’s CAP paved the way for further developed of the County’s first Energy Element and the State’s first Healthy Communities Element for a County jurisdiction. These General Plan Elements were adopted in 2012 and 2014, respectfully and provided the regulatory setting for future County plans such as a master bikeways and trail system. Healthy community integration, such as integration of farmer’s markets, first-mile and last-mile programs, as well as, integration of public transit within new community plans. One example of a master plan that integrated a community-wide transit system is the Travertine Hills Specific Plan.
19 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
2) APPROACH TO THE PROJECT

UNDERSTANDING & METHODOLOGY
CASC understands that the City of Desert Hot Springs (“City”) is seeking to partner with a competent and qualified planning consulting firm to provide a comprehensive update to the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning) that will coincide with the General Plan Update which was adopted on May 26, 2020. CASC also understands that the proposed Zoning Ordinance update will ensure the City’s development regulations and processes are consistent with the updated General Plan, California State law, and the mixing of uses envisioned in the General Plan Update.

As the State continues to prioritize local production goals, specific criteria for various land uses can streamline efficiency for processing development applications where discretionary approval is needed. It is our understanding that the City’s Muncipal Code has become increasingly complex and difficult to use due to a multitude of amendments over the years. The proposed comprehensive Zoning Ordinance Update will address applicable desired changes. CASC proposes to amend the Zoning Ordinance to improve organization, add descriptive graphics and tables (especially land use tables), eliminate conflicting standards and unnecessary/antiquated sections, and reduce the total number of pages to the greatest extent possible.

CASC proposes the following Work Plan for conducting a comprehensive update to the City’s Zoning Ordinance. Based on our previous experience performing similar services, CASC proposes a Work Plan that involves a collaborative approach, in which City Staff, Officials, Stakeholders, and the CASC team will work together to address regulatory issues and brainstorm solutions. At CASC, we place high value on building strong relationships, ones that we hope to last. Our work for similar communities has resulted in long-term relationships where CASC provides general zoning and plannig services for many communities in Southern California. CASC will also involve the City’s community throughout the Zoning Ordinance update process, which would generate a sense of ownership and commitment. The purpose of interacting with City Staff and Stakeholders is to gain a perspective on how the community sees the value of the current zoning as either barriers or incentives to development, how developers have been able (and willing) to meet zoning requirements and provide a streamlined development application process, that will eliminate or minimize the need for discretionary review.

The goal is to prepare the Zoning Ordinance that will be:
• Innovative, intuitive, and a user friendly document.
• Illustrated with graphics, diagrams, and tables.
• Provides direction for a streamlined development review process. • Consistent with State law and implements the City’s 2020 General Plan Update. • Identifies a clear direction to Project applicants, residents, and interested parties.

The following Work Plan will be completed by adhering to the following steps:

I. Step 1: Attend one (1) Project Kick-Off Meeting
II. Step 2: Review existing documents provided by the City and summarize findings into a memorandum III. Step 3: Community Outreach
IV. Step 4: Preparation of Draft Zoning Ordinance Amendment V. Step 5: City reviews Draft Zoning Ordinance Amendment VI. Step 6: Public Review of Draft Zoning Ordinance Amendment VII. Step 7: Adoption of Final Zoning Ordinance Amendment 20 Item Number: 7.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE

SCOPE OF WORK

1.1 PROJECT “KICK-OFF” MEETING
CASC’s Director of Planning, Frank Coyle, and the assigned CASC Planner will coordinate and attend one (1) Project Kick-Off Meeting either in-person or by video teleconference with City Staff. In a PowerPoint format, CASC will present our approach to the following Work Plan, identify team responsibilities, provide an anticipated timeline based on the start date of the Kick-Off Meeting, and identify important milestones throughout the Zoning Ordinance update process. CASC will close the presentation with a discussion of the Work Plan, objectives of the Zoning Ordinance Update, Project Schedule, establish team responsibilities, important milestones agreed upon by City Staff, and quality control procedures for the Project. CASC will refine and submit to the City an updated Work Plan, objectives, and a Project Schedule based on any modifications discussed at the Kick-Off Meeting. CASC will also provide the City with Meeting Minutes.

Deliverables:
• Attend one (1) Project Kick-Off Meeting
• One (1) Presentation to City Staff
• Updated Work Plan, Objectives of the Zoning Ordinance Update, and Project Schedule • One (1) electronic copy of Meeting Minutes in either Microsoft Word or PDF format **Prior to the Kick-Off Meeting, CASC requests City Staff to send all documents pertaining to the Zoning Ordinance update via email or an online storage database (Dropbox, WeTransfer, etc.) for review. This will provide CASC with an in-depth understanding of the City’s needs, determine if modifications to the Work Plan are required to complete the Zoning Ordinance update, and provide the City with recommendations to ensure the Zoning Ordinance update is completed within the six (6) month timeline.

Note: If this Project includes an extensive update to the City’s Zoning Ordinance, then separate authorization will be required.

2.1 DUE DILIGENCE RESEARCH AND ISSUE IDENTIFICATION
After Project Kick-Off Meeting (Subtask 1.1), CASC will conduct due diligence research to further develop a strategy to prepare the Zoning Ordinance Update. This task will involve a review of the City’s General Plan Update, current Zoning Ordinance and Zoning Map, and other documents provided by City Staff (as described in Subtask 1.1). CASC will work with City Staff to review and further define goals, objectives, and implementation strategies to ensure that the Zoning Ordinance Update and the City’s 2020 General Plan Update are consistent and complementary of each other. CASC will produce a Summary of Existing Conditions memorandum which will be submitted to the City for review.

Deliverables:
• Summary Report of Existing Conditions, Goals, Objectives, and Implementation Strategies

2.2 ZONING ORDINANCE MEMORANDUM
CASC will prepare a comprehensive analysis of the City’s current Zoning Ordinance (Municipal Code Title 17) to identify all issues to be addressed in the update and indicate options for addressing them. This analysis will include the following:
• CASC’s due diligence research
• CASC’s opportunities and constraints analysis
• Stakeholder interviews – Optional Task*
TASK 1. PROJECT INITIATION
TASK 2. OPPORTUNITIES AND CONSTRAINTS
21 Item Number: 7.