Desert Hot Springs City Council
March 15, 2022

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
Deliverables:
• Up to one (1) online survey with a Project QR Code
• Up to two (2) press releases
• Up to three (3) email blasts
• Social Media Development Plan

4.1 1st SCREENCHECK DRAFT ZONING ORDINANCE UPDATE
At the conclusion of Task 2. Opportunities and Constraints, CASC will prepare the Zoning Ordinance Update.

Based on our review of the City of Desert Host Springs Municipal Code Title 17, this Subtask includes the following Chapters:
➢ Chapter 17.08 – 17.16 (Residential Districts, Commercial Districts, Mixed-Use Districts, and Industrial Districts)
➢ Chapter 17.24 (Public Use Districts)
➢ Chapter 17.32 – 17.40 (Overlay Districts, Planned Development (PD) Districts, Property Development Standards)
➢ Chapter 17.48 – 17.56 (Off-Street Parking Standards, Off-Street Loading Standards, Landscaping Standards)
➢ Chapter 17.64 – 17.80 (Administration, Applications and Fees, Certificates of Occupancy, Administrative Conditional Use Permits, Conditional Use Permits, Design Review) ➢ Chapter 17.104 (Hearings and Appeals)
*If additional Chapters are requested under this Zoning Ordinance Update, it will be provided under separate authorization.

Deliverables:
• One (1) electronic copy of the 1st Screencheck Draft Zoning Ordinance Update in Mircrosoft Word with “Track Changes” for City review.
2ND

5.1 2nd SCREENCHECK DRAFT ZONING ORDINANCE UPDATE
CASC will prepare the 2nd Screencheck Draft Zoning Update based on one (1) set of consolidated commented received from the City in Subtask 4.1. CASC will provide two (2) copies of the Zoning Ordinance to City Staff.

One (1) copy of the Zoning Ordinance will be submitted in both Word and PDF format, and the other copy will include all changes and new provisions identified in Subtask 4.1,as well as general editing and technical changes.

Deliverables:
• Two (2) electronic copies of the 2nd Screencheck Draft Zoning Ordinance Udate in Microsoft Word and PDF format.

6.1 DRAFT ZONING ORDINANCE UPDATE
CASC will prepare the Draft Zoning Ordinance based on one (1) set of consolidated comments received from the City in Subtask 5.1. CASC will provide two (2) copies of the Zoning Ordinance to City Staff. One (1) copy of the Zoning Ordinance will be submitted in both Word and PDF format, and the other copy will include all changes and new provisions identified in Subtask 5.1, as well as general editing and technical changes for inclusion into the Staff Report (Subtask 7.1, Preparation of Staff Reports, Resolutions, and Ordinances for Planning Commission and City Council.

TASK 4. 1st SCREENCHECK DRAFT ZONING ORDINANCE UPDATE
TASK 5. 2nd SCREENCHECK DRAFT ZONING ORDINANCE UPDATE
TASK 6. DRAFT ZONING ORDINANCE UPDATE
23

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
Deliverables:
• One (1) electronic copy of the Draft Zoning Ordinance Update in Microsoft Word and PDF format. • Ten (10) hard copies of the Draft Zoning Ordinance Update Note: This task includes up to two (2) review cycles of the Draft Ordinance Update. If additional reviews are needed, it will be provided under separate authorization. If the City requests an amendment to the Zoning Map, it will be provided under separate authorization.

7.1 PREPARATION OF STAFF REPORTS, RESOLUTIONS, AND ORDINANCES FOR PLANNING

COMMISSION AND CITY COUNCIL
CASC will assist the City with the preparation of the Staff Report, resolution(s), and ordinance(s) for both Planning Commission and City Council hearings. CASC will update the documents based on one (1) set of comments from City staff. If additional review cycles are requested, they will be provided under separate authorization.

7.2 PUBLIC HEARINGS
The CASC team will attend one (1) Planning Commission hearing and one (1) City Council hearing and will provide support for these hearings either in-person or via telecommunication or virtual meeting. CASC will prepare presentations, informational materials, and be prepared to respond to questions/ comments at the request of the City.

Deliverables:
• Preparation of Staff Report(s), Resolution(s), Ordinance(s), Map(s), and Exhibit(s). • Attendance at up to one (1) public hearing with the Planning Commission and one (1) public hearing with City Council.

8.1 FINAL ZONING ORDINANCE UPDATE
CASC will prepare the Final Zoning Ordinance Update based on one (1) set of consolidated comments received from the City in Task 7. Public Hearings. CASC will revise the Draft Zoning Ordinance Update in both a track-changed version and a version with all changes accepted and addressed in response to any comments received during Subtask 7.2 Public Hearings. Once the Final Zoning Ordinance Update has been updated, CASC will submit the Final Zoning Ordinance Update to City Staff.

Deliverables:
• One (1) electronic copy of the Final Zoning Ordinance Update in Microsoft Word and PDF format.

9.1 PROJECT MANAGEMENT, TEAM MEETINGS, AND PROJECT UPDATES CASC understands from experience that a strong commitment to and emphasis on communication will result in higher satisfaction of deliverables and public outlook for the Zoning Ordinance Amendment.

Communication and team collaboration is key to any successful project. CASC will place high priority on communication and fast turn-around of deliverables as a partner to City Staff, as necessary, during the planning process. Thus, CASC has allocated a total of thirty-six (36) hours for meetings and coordination with City Staff and internal team communication. CASC will also provide monthly written progress report to Staff, which will be submitted with monthly invoices.

Deliverables:
• Up to three (3) Project Update Meetings with City Staff. • Ongoing coordination with City Staff.
• Monthly Progress Reports.

TASK 9. PROJECT MANAGEMENT AND COORDINATION
TASK 7. PUBLIC HEARINGS
TASK 8. FINAL ZONING ORDINANCE UPDATE
24

PROJECT MANAGEMENT
CASC strongly believes in accountability of target milestones and work product. In order to stay on track, CASC uses Deltek software for our project data recording and analyses. This networked system is user‐friendly and allows our project management staff to access up‐to‐date information regarding all project phases. The immediate availability of accurate project data allows for maximum project budget control down to the individual task level. Furthermore, CASC utilizes Microsoft Project scheduling software to track key deadlines and milestones to ensure that project deliverables are met in a timely fashion. When there are numerous moving parts to a project, communication is central to meet target deadlines. Each and every CASC project may be easily accessed, tracked, and updated via download from our accounting to scheduling systems. All CASC Project Managers have been thoroughly trained in the use of these systems and have access to their project data through the Vision interface.

QUALITY ASSURANCE & QUALITY CONTROL
Quality Assurance and Quality Control inherently starts with the qualifications and experience of the key personnel.

Their experience is combined with a set of procedures used to properly plan and execute the Project. CASC will develop Quality Assurance (planning) procedures and processes, and administer Quality Controls (executing) using sound judgment based upon past experience. This combination of QA and QC will ensure that Quality work is delivered on-time and under budget.

CASC has analyzed the staffing needs that we believe will provide sound results, safety, and cost effectiveness to the City for this project. Word processing, and data compilation will be performed by lower-rate, yet qualified, and experienced staff members. Management tasks, including oversight and presentations will be performed by the seasoned Project Director and Senior Project Managers.

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
Quality Assurance (QA) Procedures Quality Control (QC) Procedures QA (planning) with City team:
 Understanding Project Objectives
 Defining/Refining the Scope of Work
 Defining Project Criteria
 Developing a Schedule
 Financial Planning (Budget)
 Communication Planning: An integral part of our
Project Control is the establishment of a line of
communication with City staff and with the key
members of the project team
 Developing Documentation Procedure (Record
Keeping)
 Contingency and Risk Management Planning
QC (executing) with City team:
 Regular Meetings: Work-in-progress products will
be presented, as appropriate, and issues
requiring action/decisions by others will be
presented, discussed, and resolved.
 Communications: Our Project Management team
is responsible for tracking and filing
communications between the City and the CASC
team.
 Schedule, Budget and Changes in Scope: Our
Project Director is responsible for monthly
invoices, and informing the County of any scope
or schedule changes and any budgetary impacts.

QA (planning) In-House:
 Confirm CASC Team Organization and Resource
Allocation
 Relay the Criteria and Objectives as agreed with Client  Review the Schedule
 Provide Project Controls (Timecard/Cost Tracking
codes)
 Hold Team Kick-Off Meetings
 Establish Internal Communication Plan
 Provide Internal Documentation Procedure (Record
Keeping)
 Utilize Checklists for office support/design team and independent reviewers
 Utilize Independent Reviews for Constructability and
Quality Control (QC)
QC (executing) In-House:
 The Project Director will implement the QA plan
ensuring that the project team is utilizing the
project controls, properly filing documents and
communications, utilizing checklists and internal
checks.
 Our Project Director will review reports prepared
by office and field staff members.
25

CITY OF DESERT HOT SPRINGS

ZONING ORDINANCE UPDATE
3) SCHEDULE

PROJECT SCHEDULE (EXECUTIVE SUMMARY)
TASK # DESCRIPTION START DATE END DATE
Task 1. Project Initiation - -

1.1 Project Kick-Off Meeting Week 1 Week 1
Task 2. Opportunities and Constraints Week 1 Week 4

2.1 Due Diligence Research Week 1 Week 3

2.2 Zoning Ordinance Memorandum Week 2 Week 4
Task 3. Community Engagement Week 5 Week 16

3.1 Public Outreach Workshops (1st Workshop will occur after Task 2 is complete; and the 2nd Workshop will occur prior to initiating Task 5)
Week 5
Week 16
Week 6
Week 16

3.2 Stakeholder/Focus Group Meetings - Optional Task* TBD TBD

3.3 Online Engagement - Optional Task* TBD TBD
Task 4. 1
st
Screencheck Draft Zoning Ordinance Update
*(City completes review during week 9 through 12)
Week 4 Week 8
Task 5. 2
nd
Screencheck Draft Zoning Ordinance Update
*(City completes review during week 15)
Week 13 Week 14
Task 6. Draft Zoning Ordinance Update*
*(City completes review during week 18)
Week 16 Week 16
Task 7. Public Hearings Week 19 Week 23

7.1 Preparation of Staff Reports, Resolutions, and Ordinances for Planning Commission and City Council TBD TBD

7.2 Public Hearings - -
- Planning Commission Week 19 Week 19
- City Council Week 23 Week 23
Task 8. Final Zoning Ordinance Update Week 24 Week 24
Task 9. Project Management and Coordination Ongoing Ongoing 1 st Project Update Meeting Week 4 Week 4
2 nd Project Update Meeting Week 12 Week 12
3 rd Project Update Meeting Week 20 Week 20
26

Draft Project Schedule
City of Desert Hot Springs Comprehensive Zoning Ordinance Update 12/2/2021
CASC Engineering and Consulting, Inc.

Week 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Starting 12/16 12/20 12/27 1/3 1/10 1/17 1/24 1/31 2/7 2/14 2/21 2/28 3/7 3/14 3/21 3/28 4/4 4/11 4/18 4/25 5/2 5/9 5/16 5/23 5/30 Final Selection & NTP City selects consultant 12/16 and issues a Notice to Proceed

1.1 Kick-Off Meeting

2.1 Due Diligence Research & Idenify Issues

2.2 Zoning Ordinance Memo Initiate Task 3 during the week of 01/17/2022

3.1 1st Public Outreach Workshop

4.1 1st Screencheck Draft Zoning Ordinance Update
City Reviews 1st Screencheck Draft

5.1 2nd Screencheck Draft Zoning Ordinance Update
City Reviews 2nd Screencheck Draft

3.1 2nd Public Outreach Workshop

6.1 Draft Zoning Ordinance Update
City Reviews Draft Zoning Ordinance Update

7.1 Prepare Staff Reports/Resolutions

7.2 Planning Commission Anticipates the 2nd Tuesday of the month.

7.2 City Council Anticipates the 1st Tuesday of the month.

8.1 Final Zoning Ordinance Update

9.1 Project Management and Coordination 1 2 3
City Tasks CASC Public Outreach Workshops Project Update Meetings Public Hearings Notes/Comments
2021 2022
27

4) COST
Lead Agency: City of Desert Hot Springs
Consultant: CASC Engineering and Consulting, Inc.

Project: Zoning Ordinance Update
Date: 12/2/2021
Hours $ 205.00 Hours $ 177.00 Hours $ 135.00 Hours $ 113.00 Hours $ 101.00 Hours $ 113.00 Hours $ 82.00

1.1 Project Kick-Off Meeting 1 $ 205.00 0 $ - 0 $ - 1 $ 113.00 2 $ 202.00 0 $ - 0 $ - 4 $ 520.00 Document Review (Prior to Kick-Off) 1 $ 205.00 0 $ - 0 $ - 1 $ 113.00 2 $ 202.00 0 $ - 0 $ - 4 $ 520.00 2 $ 410.00 0 $ - 0 $ - 2 $ 226.00 4 $ 404.00 0 $ - 0 $ - 8 $ 1,040.00

2.1 Due Diligence Research and Issue Identification 2 $ 410.00 2 $ 354.00 12 $ 1,620.00 30 $ 3,390.00 16 $ 1,616.00 8 $ 904.00 0 $ - 70 $ 8,294.00

2.2 Zoning Ordinance Memorandum 2 $ 410.00 2 $ 354.00 4 $ 540.00 15 $ 1,695.00 15 $ 1,515.00 0 $ - 0 $ - 38 $ 4,514.00 4 $ 820.00 4 $ 708.00 16 $2,160.00 45 $5,085.00 31 $3,131.00 8 $ 904.00 0 $ - 108 $ 12,808.00

3.1 Public Outreach Workshops (Up to 2) 8 $ 1,640.00 0 $ - 0 $ - 15 $ 1,695.00 14 $ 1,414.00 8 $ 904.00 4 $ 328.00 49 $ 5,981.00

3.2 Stakeholder/Focus Group Meetings - Optional* 4 $ 820.00 0 $ - 2 $ 270.00 4 $ 452.00 0 $ - 0 $ - 0 $ - 10 $ 1,542.00 *

3.3 Online Engagement - Optional* 2 $ 410.00 0 $ - 3 $ 405.00 6 $ 678.00 20 $ 2,020.00 12 $ 1,356.00 4 $ 328.00 47 $ 5,197.00 * 6 $ 1,230.00 0 $ - 5 $ 675.00 10 $1,130.00 20 $2,020.00 12 $1,356.00 4 $ 328.00 57 $ 6,739.00 * 14 $ 2,870.00 0 $ - 5 $ 675.00 25 $2,825.00 34 $3,434.00 20 $2,260.00 8 $ 656.00 106 $ 12,720.00

4.1 1st Screencheck Draft Zoning Ordinance Update 6 $ 1,230.00 8 $ 1,416.00 16 $ 2,160.00 50 $ 5,650.00 40 $ 4,040.00 8 $ 904.00 0 $ - 128 $ 15,400.00 6 $ 1,230.00 8 $1,416.00 16 $2,160.00 50 $5,650.00 40 $4,040.00 8 $ 904.00 4 $ - 128 $ 15,400.00

5.1 2nd Screencheck Draft Zoning Ordinance Update 4 $ 820.00 6 $ 1,062.00 12 $ 1,620.00 24 $ 2,712.00 18 $ 1,818.00 0 $ - 4 $ 328.00 68 $ 8,360.00 4 $ 820.00 6 $1,062.00 12 $1,620.00 24 $2,712.00 18 $1,818.00 0 $ - 4 $ 328.00 68 $ 8,360.00

6.1 Draft Zoning Ordinance Update 6 $ 1,230.00 0 $ - 6 $ 810.00 16 $ 1,808.00 12 $ 1,212.00 0 $ - 4 $ 328.00 44 $ 5,388.00 6 $ 1,230.00 0 $ - 6 $ 810.00 16 $1,808.00 12 $1,212.00 0 $ - 4 $ 328.00 44 $ 5,388.00

7.1 Staff Reports, Resolutions, & Ordinances 4 $ 820.00 2 $ 354.00 6 $ 810.00 10 $ 1,130.00 2 $ 202.00 0 $ - 0 $ - 24 $ 3,316.00

7.2 Public Hearings 6 $ 1,230.00 0 $ - 0 $ - 6 $ 678.00 0 $ - 0 $ - 0 $ - 12 $ 1,908.00 10 $ 2,050.00 2 $ 354.00 6 $ 810.00 16 $1,808.00 2 $ 202.00 0 $ - 0 $ - 36 $ 5,224.00

8.1 Final Zoning Ordinance Update 2 $ 410.00 0 $ - 4 $ 540.00 8 $ 904.00 6 $ 606.00 0 $ - 0 $ - 20 $ 2,460.00 2 $ 410.00 0 $ - 4 $ 540.00 8 $ 904.00 6 $ 606.00 0 $ - 0 $ - 20 $ 2,460.00

9.1 Project Management, Team Meetings, Project Updates 20 $ 4,100.00 0 $ - 0 $ - 10 $ 1,130.00 6 $ 606.00 0 $ - 0 $ - 36 $ 5,836.00 20 $ 4,100.00 0 $ - 0 $ - 10 $1,130.00 6 $ 606.00 0 $ - 0 $ - 36 $ 5,836.00 $ 2,500.00
$ 7,129.00
57 $ 6,739.00
497 $ 64,997.00
554 $ 71,736.00
GRAND TOTAL (Including Optional Tasks & Contingency): 554 $ 78,865.00 Frank C.

Project Director
Tom N. Jessie B.

Task 9. Project Management and Coordination
Task 4. 1st Screencheck Draft Zoning Ordinance Update
Total Hours Total Fee
Support Staff
(If Needed)
Task 1. Project Initiation
Subtotal for Task 1:

Sabrina S. Lauren T. Ben H.

COST PROPOSAL
Task 2. Opportunities and Constraints
Subtotal for Task 2:

Task 3. Community Engagement
Subtotal for Optional Tasks:*
Sr. PM Senior Planner Associate Planner Associate Planner GIS Specialist Total (Including Optional Tasks):

Subtotal for Task 3:

Subtotal for Task 7:

Task 8. Final Zoning Ordinance Update
Subtotal for Task 8:

Subtotal for Task 4:

Task 5. 2nd Screencheck Draft Zoning Ordinance Update
Subtotal for Task 5:

Task 6. Draft Zoning Ordinance Update
Subtotal for Task 6:

Task 7. Public Hearings
Contingency Task (Applied to Grand Total):

Subtotal for Task 9:

Direct Costs:

Optional Tasks:*
Total (Excluding Optional Tasks):
28

1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
Client Initial _____
Revised 12/03/20

CASC ENGINEERING AND CONSULTING RATE SCHEDULE
REIMBURSABLE EXPENSES:

The following expenses will be billed at cost plus 15% unless otherwise noted:

Outside Services: Includes fees paid to sub-consultants, consultants, analytical laboratories, and other providers of services required for execution of the project.

Permits, Applications, and Fees: Includes fees for Notices of Intent (NOI), Notices of Termination (NOT), application fees, submittal fees, permit fees, and other fees required as part of the project and not paid directly by Client.

Reproduction Services: Includes blueprinting, copying, printing, and plotting. In-house plots will be billed at $6.00 per sheet for each client set and for a final in-house review set. B&W / Color copies: $0.08 / $0.90 for 8.5 X 11 and $0.20 / $1.20 for 11 X 17.

Rental Fees: Includes rental fees paid by the firm, including required vehicles, equipment, and tools required to complete the work.

Commercial Delivery Services: Including Express Mail, Federal Express, UPS and independent courier services.

In-House Pick-Up and Delivery Services: When provided by the firm, these services will be billed at $50.00 per hour plus current IRS mileage reimbursement rates per mile round trip, with no additional markup.

Travel Expenses: Includes travel expenses incidental to performance of the work, including airfare, parking, tolls, taxi, lodging, and etc. Vehicle mileage will be billed at a rate of current IRS mileage reimbursement rate per mile with no additional markup. Travel time for professional and administrative staff will be billed per the hourly fee rate schedule with no additional markup and survey crews will be billed at $60 per hour, per 2-man crew.

Per Diem: Per diem for meals for overnight stays will be billed at Caltrans current state rates.

NOTES:

Prevailing Wage: Projects and/or portions thereof designated by Client to be subject to Prevailing Wage shall be billed at the regular staff rate or the Prevailing Wage rate, whichever is higher plus a multiplier of approximately 2.3 to 2.8 for overhead and profit. The Prevailing Wage rate shall be based upon the Wage Rate Determination issued by California’s Director of Industrial Relations for the locality and employee classification at the time the work is performed. Please contact CASC for specific project prevailing wage rates.

Waiver of Subrogation: When a Waiver of Subrogation for Workman’s Compensation Insurance is required by the Client, the Client will be required to pay the additional insurance premium. The approximate amount for the waiver is $250 per year.

Litigation Support and Expert Witnessshall be at 2.0 times the above noted hourly rates.

Annual Increase in rate: CASC will increase their rates annually, usually at the beginning of a calendar year. A new fee rate schedule will be provided.

Civil and Environmental Engineering/Consulting Landscape Architectures President/Principal Engineer $260 Licensed Landscape Architect $170 Sr. Director $230 Senior Landscape Designer $145
Director $215 Associate Landscape Designer $122
Program Manager/ Technical Specialist $205 Assistant Landscape Designer $103 Senior Project Manager/ Senior Engineer IV/Senior Scientist IV $190 Project Manager III/Senior Engineer III/ Senior Scientist III $175 Construction Management Project Manager II/Senior Engineer II/ Senior Scientist II $165 Resident Engineer $160 Project Manager I/Senior Engineer I/ Senior Scientist I $160 Field Inspector III $135 Assistant Project Manager/ Senior Environmental Analyst $155 Field Inspector II $120 Project Engineer/ Environmental Analyst III/ Scientist III $150 Field Inspector I $110 Senior Designer II/ Environmental Analyst II/ Scientist II $145 Senior Designer I /Environmental AnalystI/ Scientist I $140 Surveying and Mapping Design Engineer II $130 Licensed Surveyor/ Director $205 Design Engineer I $123 Senior Survey Project Manager $170 Designer II/ Staff Analyst II $118 Senior Survey Analyst $145 Designer I/ Staff Analyst I $113 Senior Calculator $140 CADD Drafter/Project Analyst III $99 Calculator II $123 Staff Assistant II/Project Analyst II $93 Calculator I $113 Staff Assistant I/Project Analyst I $88 Survey Analyst II $103 Survey Analyst I $93
Planning and Environmental Technical Aide $88
Planning Director $205
Senior Project Manager $177 Field Survey Crews
Senior Biologist $170 Three Person Survey/GPS Crew $255 Project Manager II $165 Two Person Survey/GPS Crew $219 Project Manager I $160 One Person Survey/GPS Crew $205
Senior Planner II/Biologist II $135
Senior Planner I/Biologist I $123 Unmanned Aerial Services Associate Planner II/GIS Specialist II $113 Director $230 Associate Planner I/GIS Specialist I $103 Licensed UAS Pilot $190 Construction Monitor $91-113 Project Manager $160
Video Editor $150
Clerical Visual Observer $110
Project Coordinator/Clerical III $92 Flight Coordinator $110 Project Coordinator/Clerical II $87
Project Coordinator/Clerical I $82
29

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
1 63842
December 2, 2021
Juan Carrillo, Principal Planner
Community Development Department
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Dear Mr. Carrillo,
Chambers Group has worked with the City of Desert Hot Springs(City) on the General Plan Environmental Impact Report Addendum project and performed CEQA Peer Review services. We are excited about the opportunity to begin working with the City on the comprehensive update of the City’s Zoning Ordinance (Project). We understand the purpose of the Project is to prepare an update of Desert Hot Springs Municipal Code Title 17 Zoning that will coincide with the General Plan update which was adopted on May 26, 2020. Chambers Group will work diligently to 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. We will further the City’s goals to implement the mixing of uses which are frequently envisioned by the General Plan Update.

Chambers Group’s Project Team is experienced in providing Environmental Documentation and Regulatory Permitting services, and in this proposal, we have detailed our project history demonstrating our capabilities with similar projects, as well as with more complicated scopes and/or more complex regulatory processes, across the region. Given this experience, we have focused this scope of work to achieve the Project’s goals in the timeliest and most cost-effective way, while ensuring the City will receive a quality product that can stand up to agency and public scrutiny. Our team will be led by our seasoned Project Manager, Kelene Strain, who has worked with the City on the General Plan EIR Addendum project, and Kelene will be supported by our team of 5 environmental planners. Chambers Group and its team of professionals have a solid understanding of the City’s laws, ordinances, regulations, policies, requirements, and permitting thresholds.

As part of our approach, we’ve provided the City with optional tasks related to public and stakeholder involvement. It should be noted that the scope of services within that task are not required to complete updates to the City’s zoning ordinance, but they may be desirable to foster public outreach and stakeholder engagement.

We look forward to a continued relationship with the City, and we are prepared to accommodate scheduling demands under short notice. We can begin immediately on this Project following authorization by the City. Should you have any questions, please contact me at 949.261.5414 or our Project Manager, Kelene Strain, at 213.623.1859 x7507 and [email protected].

CHAMBERS GROUP, INC.

Mike McEntee, President

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
2 63842
Experience
As a comprehensive environmental planning company with over 40 years of experience Chambers Group, a certified Small Business Enterprise (SBE), offers a full complement of dedicated staff members who have successfully provided environmental planning services to public agencies throughout California.

We are known for providing technically proficient experts who are responsive and communicative with our clients.

Chambers Group has built this reputation on decades of project experience conducting land use evaluations and securing entitlements; preparing planning documents such as updates to zoning ordinances, development codes, and general plans; preparing appropriate CEQA and NEPA documents for complex projects; preparing required resource agency permit applications; preparing mitigation plans; and monitoring construction activities for compliance.

Chambers Group’s environmental planners have decades of experience providing environmental planning services for public agencies as well as privately-initiated development such as residential development, commercial development, mixed use development, energy and communications, and also agency-sponsored projects such as transportation upgrades and improvements, parks, stormwater, and municipal planning projects. Conducting our work on “both sides of the counter” will provide the City with professionals skilled in reviewing and developing revisions to their zoning ordinance.

Our team combines our experience with proven management techniques that focus on flexibility, responsiveness, and accountability. Many of our planners currently serve on their respective Chapter of the Association of Environmental Professionals (AEP) Board which allows our planning team to stay informed of the rapidly changing regulatory environment. Several staff members hold positions on the AEP Board of Directors. This gives our team immediate access to the AEP Legislative Committee which closely tracks and responds to pending legislation. We use this access and knowledge to help our clients stay ahead of upcoming and controversial changes as we navigate the CEQA process.

Project Team
Our team was selected to leverage past experience with completing similar work in order to provide the City with streamlined and thorough analysis of existing potential inconsistences and proposing efficient solutions to correct technical deficiencies identified by City staff and stakeholders as well as meet State and federal law. We are excited to present a qualified project team which allows Chambers Groups to seamlessly continue to provide services to the City and also leverage team members who have completed similar work. Resumes for the following team members are also included at the end of this proposal.

Organization Chart
The following team is excited to assist the City with analyzing and proposing revisions to your zoning ordinance:

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
3 63842
Qualifications
Resumes for our key staff members have been provided in Appendix A. Resumes highlight skills, qualifications, and experience that are required for this zoning ordinance project.

Experience with Zoning Codes
In addition to our current work for the City preparing CEQA documentation to clean up inconsistencies between the general plan and an adopted specific plan, Chambers Group recently completed a very similar project for the City of San Juan Capistrano which analyzed conflicts between the zoning ordinance and Historic Town Center Master Plan (HTCMP). That project ended up revising the zoning ordinance, several other portions of the City’s development code, and repealing the HTCMP. Further, our current work providing extension of staff to the City of San Jacinto gives our team the advantage of insight into the positions of city planning staff in Riverside County and development of revisions to zoning code. Each of these projects are described in greater detail below.

General Plan Update Environmental Impact Report Addendum, Desert Hot Springs, CA Chambers Group is assisting the City in preparing an Addendum to the City’s General Plan Update. The City prepared and adopted the General Plan Update (GPU) in May 2020. The City is proposing a zone change for four parcels, two are currently developed and two are vacant. The land use and zone change would allow expanded development for commercial uses for the vacant parcels and will update the zoning of the two developed parcels to be consistent with existing uses. Chambers Group will be reviewing the GPU’s Environmental Impact Report to determine if this project meets the criteria set forth in Section 15162 of the CEQA Guidelines which requires the preparation of a subsequent or supplemental EIR. In addition to preparing an Addendum, this project will include the preparation of an Air Quality, Greenhouse Gas (GHG) and Noise to supplement their analysis.

Historic Town Center Master Plan Repeal EIR, City of San Juan Capistrano, CA The City of San Juan Capistrano proposed to repeal the existing Historic Town Center Master Plan (HTCMP), amend the City’s General Plan, and amend the City’s Zoning Code. The purpose of this project is to correct land use inconsistencies between the HTCMP and the General Plan, replace the “form-based code” (FBC) currently applicable to the City’s Historic Town Center (HTC) area by amending the Zoning Code and General Plan Land Use Element, and to clarify setbacks, building heights, and allowable Floor Area Ratio (FAR) within the HTC area.

Chambers Group prepared all environmental documents to satisfy CEQA, which included an EIR and associated technical studies including air quality analysis, greenhouse gas emissions analysis, historic resources assessment, and traffic impact analysis. The project was controversial in nature, so Chambers Group worked closely with both the City of San Juan Capistrano and their legal counsel in order to produce a Draft EIR and Final EIR that responded to all comments received. Chambers Group also participated in Planning Commission and City Council meetings to answer questions from Commissioners and Council Members regarding the environmental analysis.

Environmental Services On-Call, City of San Jacinto, Riverside County, CA To address a recent boom in Economic Development with significant new commercial and residential development, Chambers Group was contracted as a consultant to act as an extension of the City of San Jacinto’s staff. Services to be provided under this contract include the review and approval processes on development projects and to function as the Project Planner for development applications for specific projects. Services include project management, environmental review, analysis, and staff reports/presentations. The Planner is expected to work on specific, highly complex projects, such as new Specific Plans and Specific Plan Amendments and to manage both the Specific Plan and CEQA consultants though the process.

As one of the first task order assignments under this MSA, Chambers Group currently has a full-time planner assisting the City of San Jacinto, as an extension of City Staff. Services include but are not limited to customer assistance, permit and project application processing, and case processing. The reviews require reviewing the City's zoning code, municipal

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
4 63842
code, development standards, landscaping guidelines, and the General Plan. The city is currently going through a zoning and general plan update.

Local Experience
As demonstrated by the following project experience, not only does our team routinely analyze zoning ordinances for jurisdictions throughout Southern California, but from our experience working directly with the City, we are very familiar with the City’s zoning ordinance. Additionally, during one of our recent tasks working with the City of Beaumont, we worked with the City of Beaumont to recently adopt a series of zoning ordinance updates to fix inconsistencies.

Environmental Services On-Call, City of Desert Hot Springs, Riverside County, CA Chambers Group was the selected consultant for the City On-Call Contract. Chambers Group supported the City by peer reviewing project applications and CEQA documentation. Reports reviewed include IS/MNDs, EIRs, Addendums, air quality/GHG analyses, biological resources reports, cultural resources, noise studies, water supply assessments, and traffic studies. Examples of various task orders including projects relating to specific plan developments, cannabis cultivation, commercial resort development, and industrial development projects.

Because of the cultural sensitivity of the City, Chambers Group conducted Tribal Consultation on behalf of the City to comply with Assembly Bill 52. Chambers Group coordinated with the Native American Tribes (Tribes) that requested to be consulted for projects within the City. This effort includes preparation of AB 52 letters, scheduling tribal consultation calls, as well as discussing locations of TCRs within the City.

The peer review and tribal consultation process of several projects within the City overlapped with the release of Executive Order N-54-20 as a response to the pandemic in early 2020. Chambers Group worked with the Tribes to ensure that they received adequate time to review the environmental documents and provide recommendations to mitigate Tribal Cultural Resources while keeping the City and project applicants updated on the statuses of the projects.

Coachillin Anaerobic Digester Peer Review of IS/MND, Desert Hot Springs, CA The City requested the assistance of Chambers Group to provide peer review services for the Coachillin Anaerobic Digester Peer Review Project (Project). The Project is the development of an approximately 9.6-acre anaerobic digester facility that will take organic waste from local jurisdictions in the Coachella Valley and convert it to electricity. An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to tier from the Program Environmental Impact Report completed by the California Department of Resources, Recycling and Recovery assessing the potential environmental effects of Anaerobic Digester facilities in California. Chambers Group staff and selected subconsultants reviewed the IS/MND and associated technical studies for CEQA consistency as well as technical accuracy. Chambers Group provided City support during Tribal Consultation as required under Assembly Bill 52.

Cal Meadows Cannabis Cultivation Facility Peer Review of IS/MND, Desert Hot Springs, CA Chambers Group was contracted to conduct a peer review of the IS/MND for the development of a 25,641 square foot cannabis cultivation facility. The City of Desert Hot Springs is reviewing an application submitted by Cal Meadows Development to develop a 0.98-acre (42,689 square-foot) parcel within the southern portion of the City of Desert Hot Springs. The proposed project will involve the construction of a new two-story 25,641 square-foot cannabis cultivation facility. The property has a General Plan and zoning land use designation of Light Industrial.

On-Call for Environmental Consulting Services, City of Beaumont, CA Commencing in July 2016, Chambers Group has completed a series of task orders to support the City of Beaumont with general CEQA compliance as well as conduct peer review of project applications and CEQA documents. Chambers Group has provided guidance and assistance with the preparation of all required environmental impact documentation (including CEQA documents, Consistency Evaluations, Environmental Check Lists, etc.); preparation and/or peer review of technical environmental reports and analyses (GHG studies, traffic studies, noise studies, surveys, water supply

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
5 63842
assessments, etc.); participation and testimony in public meetings; consultation on CEQA processes and requirements.

The following are examples of task orders under this contract:

General Plan Update Environmental Impact Report Peer Review and AB 52 Consultation Chambers Group contributed to the preparation of all 20 resource areas of the City of Beaumont’s Environmental Impact Report for the General Plan Update 2040 (GPU EIR). This included the Executive Summary, Introduction, Project Description, Environmental Impact Analysis, Consistency with Regional Plans, Alternatives, and other CEQA Considerations sections. The EIR included a discussion of the City’s RHNA fair share of regional housing needs. The RHNA was a mandated State Housing law that is part of periodic process of updating the housing elements of the General Plan. On behalf of the City, Chambers Group reviewed and edited the GPU EIR to ensure it would meet all of the requirements of as outlined in the CEQA’s guidelines, Section 15166, for preparing an EIR for a general plan.

Chambers Group also assisted the City in conducting AB 52 and SB 18 consultation, which requires public agencies to consult with Native American tribes that are traditionally and culturally affiliated to a project area or geographic area of jurisdiction. Following consultation, Chambers Group successfully completed an expedited reviewed all sections of the EIR within the requested timeframe which allowed the document to be circulated for public review and be approved by City Council within the year.

Any Size RV and Boat Storage CEQA Peer Review, Beaumont, CA A 3.15-acre project site consisting of two parcels located on the north side of Sixth Street between Xenia Avenue and American Avenue in the City of Beaumont. The proposed project is to develop and outdoor storage facility of RV’s, trailers, and boats. Chambers Group evaluated the Archaeological Survey, Water Quality Management Plan, IS and Air Quality studies for the proposed project.

Beaumont Sixth Street Sewer Peer Review, Beaumont, CA
Chambers Group provided a Peer Review of an IS/ND and technical studies (air quality, biological resources, and cultural resources) for a sewer line project.

IS/MND Peer Review for Commercial Center, Beaumont, CA
The Beaumont Commercial Center (proposed project) is a commercial shopping center consisting of approximately 37,800 square feet of shopping center, a 4,300-square foot bread/donut/bagel shop, a 4,370-square foot car wash, and an 8-service bay tire store. The proposed project site covers a total of 7.07 acres. The remaining area of the project site would consist of 56,991 square feet of landscaping and 188,947 square feet of roads and walkways. Chambers Group evaluated the permit application for compliance with the City’s General and Specific Plan and conducting peer review of the Applicant-prepared IS/MND to evaluate impacts associated with the project and ensure compliance with CEQA.

Hidden Canyon Industrial Park Plot Specific Plan Updated Site Plan Review, Beaumont, CA The City of Beaumont requested the assistance of Chambers Group to support the City for the Hidden Canyon Industrial Park Plot Plan. The Project proposes to construct a 2.89 million square foot warehouse project in two buildings. A CEQA review was conducted for the Hidden Canyon Specific Plan in 1995. The EIR was prepared and certified. An addendum was prepared and certified to the EIR by the City in 2012 during plan modifications. Chambers Group provided support to City Staff in reviewing the proposed project plot plan and preparing Staff reports and presentations. Further, Chambers Group attended and answered questions from elected officials and the public at planning commission and City Council meetings.

Oakridge RV Storage, Beaumont, CA
The proposed project would develop a recreational vehicle storage facility on a 2.67-acre parcel in the City of Beaumont east of Maple Avenue and north for First Street. The project site is located on a privately owned, undeveloped property in the City of Beaumont. Chambers Group evaluated the Cultural Resources Report, Biological Survey Report, Draft IS/MND, and Air Quality and Noise analyses.

Beaumont Brookside, Beaumont, CA
The proposed project consists of drafting an IS for an existing RV storage facility in the City of Beaumont. The existing RV storage facility, located on a 24.77 acre-site, was constructed prior to the annexation of the project area, and was

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
6 63842
not issued a CUP. Chambers Group reviewed the IS supporting the adoption of an MND and technical studies such as a Trip Generation Analysis, Biological Resources Study, Cultural-Archaeological Study, and Air Quality, GHG, and Noise models.

Beaumont Landing Gas Station, Beaumont, CA
The City requested AB 52 consultation for the commercial development on an approximately 2.75-acre site that would involve construction of an approximately 44,130 square-foot gas station, a 3,800 square-foot convenience store, a 1,500 square-foot car wash, and a 4,000 square-foot drive-thru restaurant. The project site is zoned Community Commercial and is immediately surrounded by undeveloped land zoned Community Commercial to the west, north, and east and Manufacturing to the south.

High Sands IS/MND Peer Review CUP2020-0049, Beaumont, CA Chambers Group conducted peer reviews and Assembly Bill 52 consultation for the development of a drive-thrurestaurant and a 6,400 square-foot office building, and the remodel of an existing car wash on a 2.38-acre on Highland Springs Avenue, in the City of Beaumont, Riverside County. Highland Springs Avenue will be widened to 55 feet along the vacant parcels, thereby reducing the buildable area of the Project Site to 2.31 acres.

Legacy Highlands EIR Peer Review, Beaumont, CA
Legacy Highlands PRDEIR Peer Review City of Beaumont (City) certified the Legacy Highlands Specific Plan Project Environmental Impact Report, SCH No. 2005031155 (the 2008 EIR), and approved the Legacy Highlands Specific Plan Project (Project). The 2008 EIR evaluated potential environmental impacts of the Project. The Project, as approved by the City, would provide for a total of up to 2,868 dwelling units (1,107 single family residential units + 1,761 active adult, low density residential units), 100 acres (approximately 1.20 million square feet) of commercial/industrial uses, a 20- acre school site, various neighborhood parks, undeveloped open space, and all supporting infrastructure and utilities.

The EIR was published in 2007. In 2009, the Superior Court of California, County of Riverside released a Statement of Decision to revise portions of the EIR, thus, a Recirculated Draft EIR has been prepared.

Oak Valley Express Peer Review and Assembly Bill 52 Consultation, Beaumont, CA The Project included the construction of a gas station and supporting commercial uses on an approximately 2.3-acre parcel in the City of Beaumont. As part of the contract with the City, Chambers Group conducted a peer review of the CEQA document and associated technical reports. Chambers Group, in partnership with the City, conducted AB 52 consultation to discuss the Project’s potential impacts to Tribal Cultural Resources.

Southwest Corner 8th and Highland, Beaumont, CA
Chambers Group conducted a peer review of the CEQA document and associated technical reports for the development of a 3,500 square-foot quick service restaurant, gas station, and convenience store. Chambers Group also worked with the City to conduct AB 52 consultation to discuss the Project’s potential impacts to Tribal Cultural Resources.

Elm/Olive Storage Yard Project, Beaumont, CA
The Project is the construction of a storage yard for freeway construction maintenance materials on an industrial site in the City. The site included an abandoned/unused residence that would be used for storage of additional equipment.

Chambers Group conducted a peer review of the IS/MND for the Project, including assisting the City in conducting AB 52 consultation to discuss the Project’s potential impacts to Tribal Cultural Resources Beaumont Self-Storage, Beaumont CA
The Project is the development of a storage facility on two vacant and disturbed parcels. In the City. The Project includes a customer waiting lounge, a manager’s residence, recreational vehicle parking and wash station. Chambers Group provided peer reviews for the IS/MND and the associated technical reports for air quality, biological resources, cultural resources, geotechnical, hydrology and water quality, noise, and traffic.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
7 63842
Approach to the Project
Understanding
The Desert Hot Springs General Plan Update (GPU) serves as the blueprint for the City’s future growth and development.

It's a dynamic document that sets forth conditions to guide development and conservation in the City for years to come, reflecting community objectives. Aspirations of the GPU include creating complete neighborhoods for residential areas with connections to retail and commercial services, public amenities and services, transportation services, and parks and recreation facilities; expanding and diversifying housing opportunities throughout the community; and expanding park facilities and recreational programming opportunities; all while protecting the natural habitat, open spaces, and desert washes within the community and promoting the community’s role as a health and wellness destination.

The GPU incorporates ideas from residents, City officials and staff, and others involved in the planning process.

A challenge is to translate the policies related to zoning controls and design them into a user-friendly, legally adequate, and effective set of regulations and procedures. The purpose is to steer development that addresses the community’s desire to preserve and enhance the small-town character while also responsibly preparing for new growth. New development will create jobs that provide employment for local residents and as well as create a range of housing types that will be affordable for residents of all age ranges. The zoning regulations should clearly communicate and effectively implement the GPU’s policies toward the development, maintenance, and improvement of land and properties.

Chambers Group will take a critical look at the existing regulatory framework. We will then identify ways to translate the City’s policies related to land use and development controls into an effective set of regulations that are relevant to today’s concerns. Then, we will recommend a code that is understandable and easy to use.

Objectives
User Friendly Code
The critical initial step in crafting a clear, concise, and user-friendly set of regulations is to work closely with City staff to identify framework choices-the overall structure of the new development regulations. The challenge is to create a logical sequence, remove ambiguity, simplify language, and, to the extent possible, create common procedures and uniform regulations and standards.

Through all of our code work, we have gained the necessary experience in analyzing existing regulatory structures and procedures and in formulating options for moving forward with a new framework for land use controls. We will communicate with the City staff and community members the strengths and weaknesses of alternative approaches to code regulations. We will base this on our previous experience in other communities.

Zoning codes should be understandable to all interested persons and make it possible to find out, with a minimum of reading, the rules that apply to a particular situation and the procedures that must be followed. Important features the update should incorporate follow:
• Logical organization. A code should be organized to reflect the sequence in which users most commonly need to find specific information.
• Clear language and readability. It should be clearly written, avoiding ambiguity, jargon, and lengthy narrative.

The simplest terms possible should be used to describe requirements. Redundancies and duplication should be avoided.
• Consistent expression. A code should express the same provisions in the same way and use different language when provisions are different. For example, when the same finding is required for several different types of permits, the code should use the same wording to avoid any confusion or uncertainty. • Navigation tools. Clear titles, cross-references, headers and footers, and a detailed table of contents and section lists help users to find their way around the code and readily identify provisions that apply to their project.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
8 63842
• Extensive use of graphics. Illustrations clearly convey expectations, often in a way that is far more effective than text alone.
• Organized to accommodate changes. Chapters and sections should be organized and numbered to accommodate amendments over time.

An updated Zoning Code should clearly communicate and effectively implement the General Plan's policies and incorporate its carefully crafted development, design, resource protection, and performance standards. The revision should correct technical deficiencies identified by City staff and stakeholders as well as meet State and federal law. The revision should increase efficiency and predictability in the project development process, and it also should be designed using clear, web-ready graphics to illustrate key concepts.

Organization
A logical structure makes a code easier to use and amend over time. Most readers open a zoning code to find answers to specific questions. Each part of the code should be grouped in an intuitive manner so users are able to find out, by looking in the first part of the code, what can be built, what the rules are for a particular use, or what can be done with a particular lot in a district, and then how to get approval if any permits are required. The most frequently consulted sections should be up front, and procedures and permit requirements should be grouped together, either at the end or the beginning of the code. The numbering system should be simple and able to accommodate new material that will be added over time. The following guidelines are proposed for organizing the City's Zoning Code:
• Rules should come before exceptions;
• More important provisions should come before less important provisions; • Frequently consulted provisions should come before less frequently consulted provisions; • Permanent provisions should come before temporary provisions; Related topics should be grouped together; and
• Technical or "housekeeping" provisions should be at the end of the code.

Scope of Work
Task 1: Background Review and Technical Analysis
Task 1.1: Kick-Off Meeting and Project Update Meetings
Chambers Group will meet with City staff to discuss their ideas and aspirations for the Project, present the approach to the Zoning Code Update, discuss the public outreach process, finalize the work program and schedule, and clarify roles and responsibilities. It is expected that the kick off meeting can be conducted virtually, however if the City prefers to do so in person, we would be happy to meet with the City. Additionally, and if requested by the City, the Chambers Group Project Manager and City staff will conduct a tour of the City to become familiar with the patterns of development and the character of neighborhoods and nonresidential areas resulting from the implementation of the City’s current development regulations. Additionally, Chambers Group will attend project update meetings with City staff. It is assumed that these meetings could be held virtually, however if the City requests in-person meetings, we could do so.

Deliverables: Meeting agendas and minutes; one electronic copy of the project schedule.

Task 1.2: Technical Analysis and Evaluation
Chambers Group will conduct technical analysis and evaluation of applicable ordinances, plans, and policy documents, including the recent General Plan Update, existing Zoning Code, as well as development standards from specific plans in the City.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
9 63842
Task 1.3: Zoning Code Update Recommendations Memo
Based on technical review of the City’s current regulations, the General Plan Update, City staff comments, and the results from stakeholder interviews (if opted to complete; see Optional Task 2), Chambers Group will prepare a Zoning Code Update Recommendations Memo that highlights General Plan direction for new development controls, assess the strengths and weaknesses of the existing Code, and presents the “big ideas” for the new Zoning Code. The Zoning Code Update Recommendations Memo will include recommendations for utilization of appropriate zoning approaches, including form-based, performance-based, incentive-based, and use-based approaches. If elected to perform Optional Task 2, issues identified by stakeholders in Optional Task 2 will be classified and sorted to identify common themes and shared concerns and included as a punch list of stakeholder comments in the report.

Deliverables: One electronic copy of the Zoning Code Update Recommendations Memo for one round of City review.

Task 1.4: Annotated Outline
Based on comments on the Zoning Code Update Recommendation Memo and other input gathered at Workshop #1 (if performed; see Optional Task 2), Chambers Group will prepare an Annotated Outline of the Zoning Code. The outline will provide the recommended format, content, and organization of the new Zoning Code; retaining, amending, or discarding sections as necessary and proposing new sections where needed to improve clarity and user-friendliness.

Deliverables: One electronic copy of the Zoning Code Annotated Outline for up to two rounds of City review.

Optional Task 2: Public Outreach
Task 2.1: Public Outreach Program
Chambers Group will work with City staff to formulate a Public Outreach Program for the Zoning Code Update using the components identified in this Scope of Work. The Public Outreach Program will outline all public meetings, study sessions, stakeholder meetings, and other outreach tools. The outreach activities identified in this Scope of Work are a first cut, based on our initial understanding of project needs and objectives. We will work with City staff to structure a public process that enables City Council, the Planning Commission, and community members to review and comment on updated regulations as they are being formulated.

Task 2.2: Stakeholder Interviews
Chambers Group will prepare for and participate in one- or two-day meetings and interviews with City staff, City officials, decisionmakers, code users (e.g. property owners, designers, architects, developers, etc.) and others familiar with the Zoning Code and development in the City. City staff will be responsible for identifying and coordinating interviews and meetings. With small group interviews held in two rooms, up to 40 stakeholders can participate in the interview process.

Task 2.3: Workshops/Study
Sessions Chambers Group will conduct up to five community workshops/study sessions at key stages during the planning process to provide opportunities for public education and informal comment on the choices being considered.

Anticipated workshops/study sessions are as follows:
• Workshop/Study Session #1: Community workshop held early in the process to introduce the project, discuss major issues of current regulations, highlight General Plan direction, and present recommendations for a new regulatory framework.
• Workshops/Study Sessions #2-4: Three workshops with the Planning Commission to review and provide input on regulations as they are being drafted will be held through the process. Topics will be based on the project phases described in Task 3.
• Workshop/Study Session #5: Workshop intended to review the Public Review Draft Zoning Code with focused discussion on items that weren’t fully resolved during the preliminary draft phase.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
10 63842
The workshops/study sessions may also be combined with open houses, providing a forum for informal discussion with interested community members seeking to understand the new regulations. Chambers Group will create straightforward and informational outreach materials for each workshop/study session.

Task 2.4: Website Materials
Chambers Group will provide information for the City’s website, including text, photographs, maps, renderings, other images, and information on our credentials and the project and progress. Project memorandum and milestone documents will be designed for upload to the City's website to be accessible to interested community members.

Task 2.5: Outreach Toolkits
In order to engage those who do not otherwise attend public workshops, it can be effective to meet with community groups, associations, and individual citizens in non-traditional settings, such as regular meetings of community organizations or at a gathering of interested neighbors. Chambers Group will provide staff a toolkit of materials, based on workshop materials, project deliverables, and project information developed for other aspects of the project, to conduct project briefings to these types of groups throughout the project. Staff will organize and conduct the briefings.

Meetings: Stakeholder Interviews; Workshops/Study Sessions (total of 5 throughout the project) Deliverables: Public Outreach Program; Workshop/Study Session Materials Information for the City’s Website Outreach Toolkits
Task 3: Preliminary Draft Regulations by Phase
Chambers Group will develop preliminary drafts of updated regulations related to emphasis areas in phases as described below to facilitate review prior to incorporation into a complete Public Review Draft Zoning Code.

Task 3.1: Zoning District Regulations
Chambers Group will prepare draft zoning district regulations for review. Regulations will be drafted for all districts and include use regulations and development standards. Chambers Group will prepare a draft of the Zoning District Regulations for staff review and revise based on staff comments.

Task 3.2: Citywide Standards
Chambers Group will prepare draft Citywide standards for review. Citywide standards are those that apply to development or uses in some or all zoning districts in the city. Existing standards will be evaluated, and new or revised standards will be identified for implementing the General Plan, responding to staff and community concerns, and bringing standards up to date with current uses, practices, and state and federal law. Topics include, but are not limited to standards for specific uses, landscaping, signs, parking, and nonconforming provisions. Chambers Group will prepare a draft of the Citywide standards for staff review and revise based on staff comments.

Task 3.3: Administration and Permits
Chambers Group will prepare a complete set of administrative provisions for the administration and enforcement of the Code, including application procedures, required findings, hearings and approval, and post decision procedures for all permit/approval types including use permits and code amendments. Chambers Group will prepare a draft of the Administration and Permit Procedures for staff review and revise based on staff comments.

Task 4: Public Review Draft Zoning Code
Task 4.1: Public Review Draft Zoning Code
Chambers Group will review all comments on the preliminary draft regulations prepared in Task 3 and prepare the Public Review Draft Zoning Code based on the Annotated Outline and reflective of the analysis and review conducted in Tasks 1 and 2. The Public Review Draft will address all aspects of zoning regulation, including introductory provisions, district development standards and use regulations, citywide regulations, administrative procedures, and definitions of

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
11 63842
terms. The Public Review Draft will be fully formatted and contain graphics, diagrams, tables, and charts as needed to complement and supplement the Code text. Chambers Group will prepare an Administrative Draft, coordinate with the City’s Project Manager on their review with meetings and phone calls as needed, and prepare a Public Review Draft Zoning Code based on a consolidated set of comments.

Task 4.2: Zoning Map Revisions
Chambers Group will work with City staff to identify areas that will require map changes. City staff will be responsible for making the changes and preparing the Zoning Map.

Task 4.3: Revised Public Review Draft Zoning Code
Chambers Group will review comments on the Public Review Draft Zoning Code with City staff and prepare a Revised Public Review Draft Zoning Code. Chambers Group will coordinate with the City’s Project Manager with meetings and phone calls as needed to prepare the Revised Public Review Draft Zoning Code.

Deliverables: Administrative Draft Public Review Draft Zoning Code; Public Review Draft Zoning Code Revised Public Review Draft Zoning Code
Task 5: Environmental Review/ CEQA Documentation
Task 5.1: Environmental Impact Report Consistency Technical Memo The City certified an Environmental Impact Report (EIR) for the General Plan in May 2020. The Zoning Code Update will implement the policy direction of the General Plan, the environmental effects of which were evaluated in detail in the EIR. It is anticipated the Zoning Code Update will be consistent with the General Plan EIR. Chambers Group will prepare a technical memo supporting findings of consistency with the General Plan EIR. However, if the City desires more formal documentation, an EIR Addendum may be prepared as an optional task.

Deliverables: EIR Consistency Technical Memo or (Optional) EIR Addendum1 Task 6: Public Review and Adoption/Final Zoning Code
Task 6.1: Planning Commission Hearings
Chambers Group will attend, prepare materials for, and make formal presentations at up to two Planning Commission hearings to support adoption of the Zoning Code.

Task 6.2: Final Draft Code
Chambers Group will revise the Revised Public Review Draft Zoning Code based on comments and feedback received at the Planning Commission hearing and prepare a Final Draft Zoning Code for consideration by the City Council.

Task 6.3: City Council Hearings
Chambers Group will attend, prepare materials for, and make formal presentations at up to two City Council hearings to support adoption of the Zoning Code.

Task 6.4: Final Zoning Code
Based on City Council action and final text changes provided by City staff, Chambers Group will prepare the final Zoning Code. The document will be produced in Adobe Acrobat (PDF) and a Microsoft Word format and made accessible and interactive through online publishing.
1 If an addendum is required, a separate scope and cost would be prepared. An alternative pathway to comply with CEQA could also be the preparation of a “common sense” exemption. This approach was recently taken by the City of Beaumont during their zoning ordinance and development code clean up actions.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
12 63842
Meetings: Planning Commission Hearings (2) City Council Hearings (2) Deliverables: Public Hearing Materials; Final Draft Zoning Code Final Zoning Code Schedule
The schedule may be adjusted based on the receipt of the studies, holidays, City review times of the documents, and/or if there are any significant changes to the planned operation of the Project.

Task Duration
NTP 1 Day
Task 1: Background Review and Technical Analysis
Task 1.1: Kick-Off Meeting and Presentation 1 Week from the NTP Task 1.2: Technical Analysis and Evaluation 1 Week from Kick-Off Task 1.3: Zoning Code Update Recommendations Memo 2 Weeks Optional Task 2: Public Outreach
Task 2.1: Public Outreach Program 1 Week
Task 2.2: Stakeholder Interviews Up to 2 days
Task 2.3: Workshops/Study Approximately 5 days
Task 2.4: Website Materials 1 Week
Task 2.5: Outreach Toolkits 1 Week
Task 3: Preliminary Draft Regulations by Phase
Task 3.1: Zoning District Regulations 4 Weeks
Task 3.2: Citywide Standards 1 Week
Task 3.3: Administration and Permits 1 Week
Task 4: Public Review Draft Zoning Code
Task 4.1: Public Review Draft Zoning Code 30 Days
Task 4.2: Zoning Map Revisions 1 Week
Task 4.3: Revised Public Review Draft Zoning Code 1 Week Task 5: Environmental Review/ CEQA Documentation
Task 5.1: EIR Consistency Technical Memo 2 Weeks
Task 6: Public Review and Adoption/Final Zoning Code
Task 6.1: Planning Commission Hearings Up to 2 days
Task 6.2: Final Draft Code 1 Week
Task 6.3: City Council Hearings Up to 2 days
Task 6.4: Final Zoning Code 1 Week
Total Approximately 6 Months*
* Note: The time to complete all tasks is less than the total sum due to tasks occurring simultaneously.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
13 63842
Cost
The services described in each task will be performed on a fixed fee basis. The costs for each task are shown below.

Staff Type Staff Name Rate
Task 1 Task 2 Task 3 Task 4 Task 5 Task 6
Background
Review
Optional
Public
Outreach
Preliminary
Draft
Public
Review Draft
CEQA
Document
Final Zoning
Code
Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost
Director Corinne
Lytle Bonine $200 2 $400 2 $400 2 $400 4 $800 2 $400 2 $400 Project
Manager
Kelene
Strain $170 40 $6,800 60 $10,200 40 $6,800 40 $6,800 30 $5,100 40 $6,800 Assistant
PM/Planner
Eunice
Bagwan $107 25 $2,675 40 $4,280 30 $3,210 30 $3,210 20 $2,140 30 $3,210 Planner
Meghan
Gibson $158 4 $632 8 $1,264 8 $1,264 8 $1,264 4 $632 8 $1,264 Planner
Victoria
Boyd $138 4 $552 8 $1,104 8 $1,104 8 $1,104 4 $552 8 $1,104 Planner Elizabeth
Fortin $107 15 $1,605 20 $2,140 15 $1,605 15 $1,605 20 $2,140 10 $1,070 Production Marketing
Team $75 0 $0 8 $600 0 $0 8 $600 0 $0 8 $600
Subtotal 90 $12,664 146 $19,988 103 $14,383 113 $15,383 80 $10,964 106 $14,448 TOTAL WITH OPTIONAL TASKS $87,830
TOTAL WITHOUT OPTIONAL TASKS $67,842

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
14 63842
Appendix A: Resumes
Corinne Lytle Bonine, PMP
Planning | Director of Environmental Planning
Professional Experience
Corinne Lytle Bonine is the Director of Environmental Planning at Chambers Group, as well as a Senior Project Manager with over 15 years of experience. She has managed an array of National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) (including CEQA-equivalency and adjudicated CEQA processes):

Environmental Impact Statements (EIS), Environmental Impact Reports (EIR), Applications for Certification to the California Energy Commission, Environmental Assessments, and Initial Study/Mitigated Negative Declarations (IS/MNDs), exemptions/exclusions.

Both an accomplished team leader and field agent, Corinne has served as the visual resources and land use specialist on more than 75 projects. Her permitting projects include, but are not limited to Endangered Species Act Sections 7 and 10 consultations, USACE Individual Permits, and Section 106 consultations. She has managed environmental constraints analyses, fatal flaw analyses and technical reports. Her experience includes supervisory roles in general environmental projects, large-scale environmental compliance projects, as well as in visual resources and land use impact analysis.

Project Experience
Environmental Services On-Call, Coachillin Anaerobic Digester Peer Review, Desert Hot Springs, Riverside County, CA
Project Manager. Chambers Group provided peer review services for the Coachillin Anaerobic Digester Project for the City of Desert Hot Springs. The Project is the development of an approximately 9.6-acre anaerobic digester facility that will take organic waste from local jurisdictions in the Coachella Valley and convert it to electricity.

An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to tier from the Program Environmental Impact Report completed by the California Department of Resources, Recycling and Recovery assessing the potential environmental effects of Anaerobic Digester facilities in California. Chambers Group staff and selected subconsultants reviewed the IS/MND and associated technical studies for CEQA consistency as well as technical accuracy. As Project Manager, Corinne provided oversight during the peer review process including senior level assessments and guidance for document tiering. Corinne was the point of contact with the City and coordinated with the City and the Cultural team during Tribal Consultation.

Commercial Center, City of Beaumont, Riverside County, CA Project Manager. The team evaluated the permit application for compliance with the City’s General and Specific Plan and conducting peer review of the applicant-prepared IS/MND to evaluate impacts associated with the project and ensure compliance with CEQA. The proposed commercial shopping center consisting of approximately 37,800 square feet of shopping center, a 4,300-square foot bread/donut/bagel shop, a 4,370- Education
BA Environmental Studies,
University of California,
Santa Barbara, with honors
Certifications
Project Management
Professional, #2005796
Affiliations
Technical Advisory
Committee, San Diego
County Comprehensive
Renewable Energy plan,
2014 – present
Professional–Association of
Environmental Professionals
Statewide Board of Directors,
San Diego Chapter Director
Technical Advisory
Committee for County of San
Diego's Comprehensive
Renewable Energy Plan
Women of Renewable
Industries and Sustainable
Energy

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
15 63842
square foot car wash, and an 8-service bay tire store. The proposed project site covers a total of 7.07 acres. The remaining area of the project site would consist of 56,991 square feet of landscaping and 188,947 square feet of roads and walkways.

General Plan Update EIR, City of Beaumont, Riverside County, CA Project Manager. Corinne is supporting the City for their General Plan update environmental documentation and compliance. The Beaumont 2040 Plan is a comprehensive update of the City’s General Plan. The plan would provide a vision of the future of the City, and intends to allow land use and policy determinations to be made that incorporates public health, safety, and "quality of life" considerations in a manner that recognizes resource limitations and the fragility of the community's natural environment. Chambers Group was appointed to conduct consultation with California Native American Tribes on behalf of the City as required under Assembly Bill 52 (AB 52), and Senate Bill 18 (SB 18).

Quasi-Industrial Floor Area Ratio (FAR) General Plan Amendment, City of San Juan Capistrano, Orange County, CA
Managing Environmental Planner. Services provided included providing environmental planning services for the analysis of the City’s proposed General Plan Amendment to increase FAR in the Quasi-Industrial land use designation.

Corinne supported the project efforts through reviewing the Draft IS/ND for the City and supported the project as it moved through its public review period. The project and accompanying CEQA document were approved by City Council on February 6, 2018.

Skechers Distribution Center, Moreno Valley, CA
Project Manager. Skechers USA Inc. proposed a new 1.82-million-square-foot distribution center and warehouse located in Moreno Valley, California. This warehouse is so big that it takes half a minute to drive from one end to the other at 60 miles per hour. The setup is so advanced that human hands will hardly touch the cargo as it is unpacked, categorized, stacked and prepared for delivery. The building is so green that it uses prevailing winds for ventilation instead of air conditioning. At her previous employer, Corinne Lytle Bonine completed CEQA-level project review of the expected environmental impacts, including advanced visual simulation analysis and traffic impact analysis.

Oakridge RV Storage, City of Beaumont, Riverside County, CA Project Manager. The proposed project would develop a recreational vehicle storage facility on a 2.67 acre parcel in the City of Beaumont east of Maple Avenue and north for First Street. The project site is located on a privately owned, undeveloped property in the City of Beaumont. Chambers Group evaluated the Cultural Resources Report, Biological Survey Report, Draft Initial Study / Mitigated Negative Declaration, and Air Quality and Noise analyses.

Beaumont Brookside, City of Beaumont, Riverside County, CA Project Manager. The proposed project consists of drafting an Initial Study for an existing RV storage facility in the City of Beaumont. The existing RV storage facility, located on a 24.77 acre-site, was constructed prior to the annexation of the project area and was not issued a Conditional Use Permit. Chambers Group reviewed the Initial Study supporting the adoption of an MND and technical studies such as a Trip Generation Analysis, Biological Resources Study, CulturalArchaeological Study, and Air Quality, Greenhouse Gas, and Noise models.

Hidden Canyon Industrial Park Plot Plan, City of Beaumont, Riverside County, CA Project Manager. Corinne supported the City for the Hidden Canyon Industrial Park Plot Plan. The Project proposed to construct a 2.89 million square foot warehouse project in two buildings. Amendments to the plan were processed in 2005 and 2012 utilizing addendums to the EIR. The City proposed to approve an update to the project plot plan, however, delays were met due to responses from LIUNA that the project required a new CEQA review due to plot changes from the original project. Chambers Group provided the City guidance by identifying CEQA guidelines that applied to the project on identifying whether a new CEQA process was required.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
16 63842
Meghan Gibson
Planning | Environmental Planner
Professional Experience
Meghan Gibson has more than 14 years of experience providing environmental documentation, environmental planning, and policy services to public and private clients. She has experience managing both large- and small-scale projects that involved California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents. She is responsible for preparing CEQA documentation, including Initial Studies (ISs), Mitigated Negative Declarations (MNDs), and Environmental Impact Reports (EIRs.) In addition to her CEQA experience, Meghan has prepared multiple joint CEQA/ NEPA documents, again, for both public and private clients. She also has extensive experience preparing mitigation monitoring summary reports and compiling information from both survey and monitoring data. Meghan has multiple years of experience providing project management support to projects of various complexities throughout the western U.S.

Project Experience
Indian Wells Tennis Garden Expansion, Environmental Impact Report Addendum, City of Indian Wells, Indian Wells, Riverside County, CA Associate Environmental Planner. Meghan assisted in the preparation of an EIR Addendum for the expansion of the existing Tennis Garden facility onto the remaining approximately 30 acres of vacant land immediately east of the existing facility, including various upgrades to the existing Tennis Garden complex.

Monroe Storm Drain, Stage 4 Project, Riverside County Flood Control and Water Conservation District, Riverside, CA
Staff Environmental Planner. Meghan supported the effort to construct an underground storm drain facility by co-authoring multiple components of the Initial Study/Mitigated Negative Declaration.

The Rincon Development Amendment Project, City of Chino Hills, El Centro, CA
Project Manager. Meghan was the Project Manager for supplemental documentation for the Rincon Development Amendment Project. Since the approval of the 2016 IS/MND, the developer revised the site plan and Meghan prepared a Subsequent MND to analyze the changes to the original Project. The subsequent analysis included additional technical analysis for air quality, greenhouse gas emissions, noise, and traffic.

The results from the technical reports were incorporated into a Subsequent MND as additional mitigation measures were required for the proposed changes.

Quasi-Industrial Floor Area Ratio (FAR) General Plan Amendment, City of San Juan Capistrano, San Juan Capistrano, Orange County, CA Project Manager. Provided environmental planning services for the analysis of the City’s proposed General Plan Amendment to increase FAR in the Quasi-Industrial land use designation. Meghan supported the project efforts through completing the Draft IS/ND Education
MPP, Public Policy,
Environmental Policy,
University of Southern
California, 2013
BS, Environmental
Management, University of
Redlands, 2009
Training
AEP Advanced CEQA
Workshop, February 2020
NEPA Advanced Workshop
October 2019
Affiliations
Association of Environmental
Professionals, Los Angeles
Chapter President 2018-
present
Association of Environmental
Professionals, Los Angeles
Chapter Vice President of
Membership, 2018
Association of Environmental
Professionals, Los Angeles
Chapter Secretary, 2017
Women of Renewable
Industries and Sustainable
Energy

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
17 63842
for the City and supported the project as it moved through its public review period. The project and accompanying CEQA document were approved by City Council on February 6, 2018.

City of Chino Hills, Rincon (Formerly Golden Triangle) Development Project Initial Study/Mitigated Negative Declaration, Chino Hills, CA
Project Manager. Meghan was Project Manager for the development and approval of an IS/MND consistent with CEQA.

She coordinated with the City of Chino Hills and subconsultants to facilitate the process of preparing the IS/MND for public review. Chino Hills Golden Triangle LLC proposes to develop a 10.42-acre parcel located in the City of Chino Hills at the southwest corner of the Soquel Canyon Parkway off-ramp and State Route 71 (SR 71) as a 157,100-square-foot mixed commercial center. Since the approval of the IS/MND, the developer has revised the site plan and Meghan is assisting with a Subsequent MND to analyze the changes to the original Project.

Ball Road Basin General Plan Amendment and Zone Change, City of Anaheim, Anaheim, Orange County, CA
Associate Environmental Planner. Meghan assisted in the preparation of the IS for a general plan amendment and zone change to allow for commercial development on the Orange County Water District's (OCWD) Ball Road Basin property.

Surrounding land used include the Anaheim Auto Center, OCWD facilities, the Santa Ana River, and the Honda Center.

Significant issues addressed included: loss of open space, traffic associated with the change in land use, potential for liquefaction for any subsequent development, and assessing the public improvements/utilities issues related to serving future development.

Condor Drive Warehouse Project, City of Moorpark, CA
Project Manager. Meghan is the Project Manager acting as an extension of City staff for the Condor Drive Warehouse Project. Chambers Group assisted with peer review of the applicant prepared technical studies and provided comments on any items that needed updating. The Project involves the conversion of an existing 200,668-square-foot warehouse building with 176,044 square feet of warehouse space at 6000 Condor Drive as a future local distribution center as well as development of an adjacent, vacant parcel as a parking lot. The project entails a lot merger, construction of a new parking lot, and tenant improvements for the conversion of the existing warehouse building on site for use as a distribution center. Chambers Group is providing support to City Staff in reviewing the Arborist Report, Preliminary Drainage Report, Infiltration Report, Traffic Impact Study, and VMT Study conducted for the Project. Meghan is also coordinating CEQA documentation support including an Initial Study/Mitigated Negative Declaration (IS/MND), as well as technical studies including air quality and greenhouse gas analysis and biological resources assessment. A Draft IS/MND was circulated for public review in February 2020, and Meghan is currently working on drafting the response to comments and the Final MND.
22-Unit Condominium Project, Environmental Impact Report, La Puente, CA Project Environmental Planner. Assisted with CEQA documentation for the 22-unit condominium project that would include the demolition of a historic theater. The Project included technical analysis for air quality, greenhouse gas emissions, and a historical assessment. Meghan wrote portions of the IS Checklist, and also reviewed the EIR prior to public review.

Rialto Precise Plan Initial Study, Rialto, San Bernardino County, CA Project Manager. Provided environmental planning services for the analysis of the proposed Rialto Precise Plan for Sirwin Enterprises (Project Applicant) in addition to technical studies including air quality, biological, cultural resources analysis, greenhouse gas emissions, and noise. The project required an expedited draft Initial Study, which was completed in 15 working days. The project included a convenience store, a quick service restaurant, and an automated car wash.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
18 63842
Eunice Bagwan
Planning | Environmental Planner | Safety Coordinator
Professional Experience
Eunice Bagwan has a background in CEQA and NEPA environmental impact assessments as well as technical writing and editing. She has assisted with the preparation, writing, and editing environmental documents, such as IS/MNDs, Categorical Exemptions, EIRs and safety related documents such as job hazard safety forms and safety plans. Eunice has also managed and co-managed various projects as a Deputy Project Manager and Project Manager.

Project Experience
Commercial Center, City of Beaumont, Riverside County, CA Assistant Planner. Eunice evaluated the permit application for compliance with the City’s General and Specific Plan and conducting peer review of the applicant-prepared IS/MND to evaluate impacts associated with the project and ensure compliance with CEQA. The proposed commercial shopping center consisting of approximately 37,800 square feet of shopping center, a 4,300-square foot bread/donut/bagel shop, a 4,370- square foot car wash, and an 8-service bay tire store. The proposed project site covers a total of 7.07 acres. The remaining area of the project site would consist of 56,991 square feet of landscaping and 188,947 square feet of roads and walkways.

In-House Planning, City of San Jacinto, Riverside County, CA Environmental Planner. Eunice works as an onsite planner to provide planner counter services. Services include but are not limited to customer assistance, permit and project application processing, and case processing. The reviews require reviewing the City's zoning code, municipal code, development standards, landscaping guidelines, and the General Plan. The city is currently going through a zoning and general plan update. In addition to assigned counter services, Chambers Group staff reviews the projects' consistency with the updated zoning and development standards of the City.

Peer Review, City of Beaumont, Riverside County, CA
Assistant Planner. Chambers Group was selected to provide on-call environmental services to the City of Beaumont. Services include peer review of previously prepared IS/MND for various City projects. Eunice assisted in peer review of the environmental documents focusing on technical sections such as Aesthetics, Agricultural Resources, Geology/Soils, Hazardous Materials, Hydrology, Land Use, Mineral Resources, Public Services, Recreation, and Utilities/Service Systems.

Oakridge RV Storage, City of Beaumont, Riverside County, CA Environmental Planner. The proposed project would develop a recreational vehicle storage facility on a 2.67-acre parcel in the City of Beaumont east of Maple Avenue and north for First Street. The project site is located on a privately owned, undeveloped property in the City of Beaumont. Chambers Group evaluated the Cultural Resources Report, Biological Survey Report, Draft Initial Study / Mitigated Negative Declaration, and Air Quality and Noise analyses.

Education
MS, Environmental
Management and Planning,
Johns Hopkins University,
Baltimore, MD 2015
BS, Environmental and
Occupational Health and
Safety, California State
University, Northridge, CA
2011
Training
NEPA Basics – Fundamentals:
2018
Advanced CEQA Essentials:
2019
SCE’s EDGE Program Safety
First Workshop 2016
Affiliations
Association of Environmental
Professionals: Inland Empire
Vice President of
Membership
Conservation Steward: North
Etiwanda Preserve

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
19 63842
Beaumont Brookside, City of Beaumont, Riverside County, CA Environmental Planner. The proposed project consists of drafting an Initial Study for an existing RV storage facility in the City of Beaumont. The existing RV storage facility, located on a 24.77 acre-site, was constructed prior to the annexation of the project area and was not issued a Conditional Use Permit. Chambers Group reviewed the Initial Study supporting the adoption of an MND and technical studies such as a Trip Generation Analysis, Biological Resources Study, Cultural-Archaeological Study, and Air Quality, Greenhouse Gas, and Noise models.

The Rincon Development Project (Formerly Golden Triangle), City of Chino Hills, CA Environmental Planner. Eunice assisted in the development and approval of an IS/MND consistent with CEQA. Chino Hills Golden Triangle LLC proposes to develop a 10.42-acre parcel located in the City of Chino Hills at the southwest corner of the Soquel Canyon Parkway off-ramp and State Route 71 (SR 71) as a 157,100-square-foot mixed commercial center. Since the approval of the IS/MND, the developer has revised the site plan and Eunice is assisting with a Subsequent MND to analyze the changes to the original Project.

Hidden Canyon Industrial Park Plot Plan, City of Beaumont, Riverside County, CA Assistant Planner. Eunice supported the City for the Hidden Canyon Industrial Park Plot Plan. The Project proposed to construct a 2.89 million square foot warehouse project in two buildings. Amendments to the plan were processed in 2005 and 2012 utilizing addendums to the EIR. The City proposed to approve an update to the project plot plan, however, delays were met due to responses from LIUNA that the project required a new CEQA review due to plot changes from the original project. Chambers Group provided the City guidance by identifying CEQA guidelines that applied to the project on identifying whether a new CEQA process was required.

Code of Ordinance Proposed Project Amendment, Orange County Public Works, CA Assistant Planner. The County proposed to amend the Orange County Code of Ordinance by legalizing the presence of dogs to a portion of the mouth of the Lower Santa Ana River, located between the City of Newport Beach and Huntington Beach. Eunice composed the project description of the project and assisted in drafting the IS checklist on analyzing potential impacts of the proposed project on the project area focusing on Aesthetics, Agricultural Resources, Geology/Soils, Hazardous Materials, Land Use, Mineral Resources, Public Services, Recreation, and Utilities/Service Systems. Eunice drafted the required notices and prepared the distribution list for public circulation. Due to public concern of the proposed project, Chambers Group prepared a draft and final ND at an expedited rate in order to meet County deadlines.

General Plan Amendment 16-002, Moving and Storage Facility, City of San Juan Capistrano, CA Project Environmental Planner. Eunice assisted in the development of the project description and analysis of the IS Checklist section of the project. The project consisted of amending the General Plan Land Use Element to allow an increase in interior storage use without making changes to the exterior or any building.

Wastewater Treatment Plant Upgrade/Expansion and Brine Project, City of Beaumont, CA Environmental Planner. The City of Beaumont proposed to upgrade and expand the Beaumont Wastewater Treatment Plant (WWTP). The project’s objectives were to produce recycled water that will meet Title 22 regulations, expand the treatment capacity, and comply with the 2014 Water Quality control Plan objectives for salt management. The Chambers Group team provided peer review services for the Initial Study and associated technical data and studies for resource areas such as air quality, biological resources, cultural resources, greenhouse gas, and noise. Eunice conducted a preliminary CEQA level peer review as well as prepared the comment matrix and responses for the City, and coordinated in the completion of the review schedules.

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
20 63842
Elizabeth Fortin
Planning | Environmental Planner
Professional Summary
Elizabeth Fortin is a highly resourceful Environmental Planner experienced in both California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance. She has experience working on a broad range of complex and highly controversial environmental issues with an emphasis in natural resource management and regulatory compliance in the private and public sectors.

Project Experience
CEQA Services for Hazardous Tree Removal Project, Orange County Fire Authority, Orange County, CA
Assistant Environmental Planner. Elizabeth assisted in preparing Initial Studies for the treatment and removal of pest-infested trees in various project areas throughout Orange County. The Initial Study documents determine whether the projects may have a significant effects on the environment and each project’s eligibility for an exemption from additional environmental review under CEQA. It was concluded that the projects were eligible for various categorical exemptions and did not trigger any of the Exceptions to Categorical Exemptions listed under California Code of Regulations Section 15300.2, including Cumulative Impacts, Significant Effects, Scenic Highways, Hazardous Waste Sites, and Historical Resources. Notices of Exemption were prepared and filed for each project.

Superior Avenue Pedestrian and Bike Bridge and Parking Lot, City of Newport Beach, Orange County, CA
Assistant Environmental Planner. Elizabeth assisted in the preparation of an IS/MND for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot project. The entire project site is located within the boundary of the coastal zone as established by the California Coastal Act and is therefore under the land use planning and regulatory jurisdiction not only of local government agencies, but also the California Coastal Commission. The project required consideration of two architectural design options, application for a Coastal Development Permit, as well as completion of a Visual Assessment, a Hazards Assessment, a Jurisdictional Delineation under Section 404 of the Clear Water Act, a NEPA categorical exclusion, a Biological Technical Report, and various documents for the California Department of Transportation.

Park Master Plan CEQA Review, City of La Puente, Los Angeles County, CA
Assistant Environmental Planner. The City of La Puente prepared a Draft Park Master Plan in 2018 that included a site analysis and inventory of facilities and services for areas throughout the City. Improvements to the 27-acre La Puente Park were prioritized, which includes a splash pad area, themed playground, skate park area, basketball courts, fitness pathway, fitness area, amphitheater, fitness building, restroom enhancements, sewer improvements, football fields, softball fields, soccer fields, and Education
BA, Environmental Biology,
Columbia University, 2015
Training
CEQA Essentials: 2019
CEQA Intermediate: 2021
CEQA Advanced: 2020
Affiliations
Association of Environmental
Professionals San Diego:

Director of Communications

Proposal: Zoning Ordinance Update
City of Desert Hot Springs
21 63842
event pavilions. Elizabeth assisted in the preparation of the IS/MND for compliance with CEQA. 21199 LACSD Blue Jay Well IS/MND, Tidewater Inc., Blue Jay, San Bernardino County, CA Assistant Environmental Planner. Elizabeth is aiding in the preparation of an IS/MND and review of associated technical reports. The project involves development of a production well located at a vacant lot adjacent to the Lake Arrowhead Community Service District’s offices in Blue Jay, California. The well would further utilize existing groundwater resources to supplement the service district’s water supply obligations to the Lake Arrowhead community. The project requires permitting through the County of San Bernardino, service district, and State Water Resources Control Board.

Heber 1 Repower Project, Ormat Technologies, Inc., Heber, Imperial County, CA Assistant Environmental Planner. Elizabeth assisted with preparation of the CUP Amendment Application to expand the Heber 1 geothermal facility. The CUP Amendment Application package includes an Initial Study, a Reclamation Plan, Water Quality Management Plan, and technical studies for Biological Resources, Cultural Resources, Paleontological Resources, Geology and Soils, Air Quality, Hazards, Noise, Traffic, and Visual Resources.

Orni 5 Truckhaven Geothermal Exploratory Wells EA/MND, Ormat Technologies, Inc., Imperial County, CA
Assistant Environmental Planner. Chambers Group contracted with Imperial County to prepare an IS/MND for the Orni 5 Truckhaven Geothermal Exploratory Wells Project in accordance with CEQA. Portions of the Project are located on land managed by the U.S. Bureau of Land Management; therefore, there is a federal nexus for the Project. Chambers Group is also contracted through Ormat Technologies, Inc. to prepare the NEPA document (Environmental Assessment) for the Project. Elizabeth assisted in preparation of the IS/MND, MMRP, and Draft EA with associated notices, as well as producing deliverables specific to the BLM such as the Conservation and Management Action table. The project requires coordination between the County of Imperial, California State Lands Commission, California State Parks, the Bureau of Land Management, and the project proponent, Ormat Technologies, Inc.

Valley County Water District Headquarters Building, Baldwin Park, CA Assistant Environmental Planner. Chambers Group, contracted by WLC Architects (WLC), prepared the Initial Study/Mitigated Negative Declaration for Valley County Water District’s (VCWD) new development of a 13,100 square foot Headquarters building in the City of Baldwin Park. Elizabeth assisted with writing the Initial Study/Mitigated Negative Declaration and coordinating technical studies required for the project.

Orange Fire Station No. 1 & Headquarters Project, Orange, CA Assistant Environmental Planner. Elizabeth assisted with preparation of an IS/MND for the Orange Fire Station No. I & Headquarters Project. The project involves replacement of the current aging and undersized fire station and required coordination of a number of technical specialists for air quality, energy, greenhouse gas, noise, geotechnical, water quality, and cultural analyses.

Boy Scouts of America Otay Lakes Campground, County of San Diego, San Diego County, CA Assistant Environmental Planner. Elizabeth is preparing an Initial Study Checklist and associated CEQA notices, coordinating with subcontractors, and responding to public comments for the renovation and construction of camping facilities and supplemental amenities. The project requires coordination with the County of San Diego Parks and Recreation Department and the Boy Scouts of America to develop new camping facilities, a flag plaza, archery range, fire ring and amphitheater, zip-line, Camporee Field, and COPE course; renovate the existing restroom; construct a fenced storage facility; and complete minor road improvements.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
CASC ENGINEERING AND CONSULTING, INC.

This Professional Services Agreement (“Agreement”)
is made and entered into this 15th 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 CASC Engineering and Consulting Inc., a corporation,
hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of
Consultant, as an independent contractor, to Professional Services Agreement for comprehensive update of the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning) as described in more
particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and WHEREAS, Consultant represents that it is fully
qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE

COVENANTS, CONDITIONS AND PROMISES

CONTAINED HEREIN AND FOR SUCH OTHER GOOD

AND VALUABLE CONSIDERATION, THE RECEIPT OF

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

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

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those Services as
set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein by this reference, at the time, place, and in the manner specified therein, in a manner satisfactory to the City and consistent with that level of care

and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. 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.

Section 3. TERM
This Agreement shall commence as of the date in the
opening paragraph of this Agreement and shall be effective until completion per approved project schedule.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in
consideration of the faithful performance of the consulting services and duties set forth in this Agreement, and
Consultant agrees to accept from the City, as and for
compensation for the faithful performance of said services and duties, an amount not to exceed SEVENTY EIGHT

THOUSAND EIGHT HUNDRED AND SIXTYFIVE
DOLLARS AND ZERO CENTS ($78,865.00), in accordance
with the Cost Proposal contained in the Scope of Services.

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

Luke Rainey, City Manager
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the
City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by the City to be necessary for the proper
completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City
immediately for cause. Either party may terminate this
Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon
termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its
obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to
Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request.

Section 9. CONFIDENTIALITY

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

Section 10. CONSULTANT’S BOOKS AND

RECORDS
a. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.
b. Consultant shall maintain all documents and
records which demonstrate performance under this
Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be
maintained pursuant to this Agreement shall be made
available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed

upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where the City has reason to believe that such
records or documents may be lost or discarded due to
dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and
documents shall be granted to any party authorized by
Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Section 11. INDEPENDENT
CONTRACTOR’S STATUS:

NOT AGENT OF THE CITY
Consultant shall at all times during the term of this
Agreement remain, as to the City, a wholly independent
contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this
Agreement shall be deemed, construed or represented by
the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or
employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND

ACKNOWLEDGMENTS

REGARDING INDEPENDENT
CONTRACTOR’S STATUS OF

CONSULTANT
a. Consultant represents and acknowledges the
following:
(1) The City is not required to provide any
training or legal counsel to Consultant or its employees in

order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described
in this Agreement does not have to be integrated into the daily business operations of the City.
(3) The services described in this
Agreement can be performed without the use of City
equipment, materials, tools or facilities.
(4) Nothing in this Agreement shall be
interpreted to imply that the City must maintain any
contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or
demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement.
(6) Consultant shall not at any time or in
any manner represent that it or any of its officers,
employees, or agents are employees of the City.
b. The City represents and acknowledges the
following:
(1) Consultant is not required to comply
with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for
determining who, under the supervision or direction of
Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay
any assistants working for Consultant pursuant to this
Agreement.
(4) Nothing in this Agreement shall be
interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

(5) It is the sole responsibility of Consultant
to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.
(6) Consultant is not required to devote full
time to the business operations of the City in order to perform the services set forth in this Agreement.
(7) Consultant is not required to perform the
services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be
interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the
Services at City-owned property.
(10) Consultant will perform services that are
outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542
WAIVER
Consultant expressly waives any and all rights and
benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims 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. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________

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

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

Section 15. PROFESSIONAL ABILITY OF
CONSULTANT; WARRANTY; FAMILIARITY WITH
WORK; PERMITS AND LICENSES
a. Consultant warrants that all services will be
performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant
warrants that:
(1) it has thoroughly investigated and considered
the work to be performed;
(2) it has investigated the issues, regarding the
scope of services to be provided;
(3) it has carefully considered how the work should
be performed; and
(4) it fully understands the facilities, difficulties and restrictions attending performance of the work
under this Agreement.
c. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.

d. Consultant represents that it and all of its
subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

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

Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold
harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any
rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless,
indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim,
demand, action, damage, liability, loss, cost or expense described herein.
c. Notwithstanding the provisions of subsections
a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or

by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault.
d. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost
and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage.

Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each
subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees
employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

This provision shall not apply if Consultant has no
employees performing work under this Agreement.

Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same. (2) General Liability Coverage. Consultant
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. Consultant shall provide insurance on an occurrence, not claims-made basis.

Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and
advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12
07 or any updated form thereof.
(3) Automobile Liability Coverage.

Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this
Agreement, including coverage for owned, hired and nonowned 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, Consultant shall be permitted to obtain a non-owned automobile endorsement to its
comprehensive general liability insurance providing the same protection and coverage as though Consultant 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. (4) Professional Liability Coverage.

Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or subconsultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified
hereunder, each insurance policy required herein shall be

with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law,
the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or
operations.
(2) This policy shall be considered primary
insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess
insurance only and shall not contribute with it.
(3) This insurance shall act for each insured
and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of
subrogation against the City, its elected or appointed
officials, officers, employees or agents.
(5) Any failure to comply with reporting
provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy
shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions.

Consultant shall disclose to and obtain the
approval of City for any self-insured retentions
and deductibles before beginning any of the
services or work called for by any term of this
Agreement. During the period covered by this
Agreement, only upon the prior express written
authorization of the City Manager, Consultant
may either reduce or eliminate such
deductibles or self-insured retentions with
respect to City, its officers, employees, agents,
and volunteers. The City Manager may

condition approval of any reduction or
elimination in deductible or self-insured
retention levels with a requirement that
Consultant procure a bond, guaranteeing
payment of losses and related investigations,
claim administration, and defense expenses
that is satisfactory in all respects to each of
them.
d. Certificates of Insurance. , Consultant shall
provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
e. Imposition of Insurance Requirements.

Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance
coverage required herein, at minimum, and name as
additional insureds the parties to this Agreement consistent with Section 18b(1) hereof. Consultant 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.
f. Maintain Coverages. In the event this
Agreement is terminated for any reason prior to the
completion of all obligations and requirements of this
Agreement, Consultant 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.
g. Failure to Obtain Coverages. Consultant
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
performance of Services, to the extent such is permissible

under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and
independent contractors.
h. Notice of Cancellation or Reduction in
Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially
affected in any other manner, Consultant shall provide
written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

Section 19. 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 addressed to the parties as
follows:

To the City: Luke Rainey, City
Manager
City of Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, CA
92240
Telephone: (760) 329-
6411, ext.250
Email:
[email protected]
To Consultant: Frank Coyle, Director of
Planning
CASC Engineering and
Consulting Inc.
77-564 Country Club
Drive, Suite 211
Palm Desert, CA 92211
Telephone: (760) 259-
0108 ext. 5370
Email:
[email protected]

b. Notices, payments and other documents shall
be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

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

Section 21. REMEDIES
If Consultant materially breaches any of the terms of
this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings,
reports, design documents, and any other work

product prepared by Consultant pursuant to
this Agreement;
c. Retain a different consultant to complete the
work described in the Scope of Services that is
not finished by Consultant.

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

Section 23. MODIFICATIONS AND

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

Section 24. ASSIGNMENT AND

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

monies due to any such subcontractor other than as required by law.

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

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

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

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

decree rendered in such a proceeding shall include an
award thereof.

Section 29. EXECUTION IN

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

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY

EMPLOYMENT
Consultant represents that it is an equal opportunity
employer and shall not discriminate against any
subcontractor, employee, or applicant (“person”) for
employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation.

Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from
employment or from a training program leading to
employment, or otherwise discriminate against any such
person in compensation or in terms, conditions, or privileges of employment.

Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this
Agreement. This Agreement is made in anticipation of
conditions permitting continuous and orderly progress
through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the consultant does not control.

Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by acts of god, natural disasters, epidemics, pandemics, quarantine restrictions, or adverse weather.

Section 33. PRINCIPAL

REPRESENTATIVES
a. Jean Fares shall be Consultant's Principal
Representative and the person responsible for undertaking, managing and supervising the performance of all of the
services set forth in the Scope of Services for this
Agreement. Consultant's Principal Representative's
experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this
Agreement, and as such, for the purposes of performing the Scope of Services of this Agreement, the duties of
Consultant's Principal Representative shall not be
reassigned, without the express written consent of both parties.
b. The Community Development Director, Daniel
Porras P.E., shall be the Principal Representative of the City for purposes of communicating with Consultant on any
matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S

OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally
liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

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

Section 36. PROTECTION AND

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

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

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

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

Section 40. NO THIRD-PARTY

BENEFICIARIES

The parties do not intend the benefits of this
Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL

REGULATIONS
To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity,
Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF

PARTIES AND PERSONS

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

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

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

Section 45. USE OF RECYCLED

PRODUCTS
Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper

to the extent it is available at equal or less cost than virgin paper.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
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, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer A. Mizrahi, City Attorney

CASC ENGINEERING AND CONSULTING, IN
_____________________________
Frank Coyle, Director of Planning

EXHIBIT "A"

SCOPE OF SERVICES
Proposal attached, summary below;
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 of each
other;
➢ A through review of the existing code and 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;
➢ 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.

Project Limits: City wide
Total Design Contract: $ 78,865

EXHIBIT “B”

INSURANCE REQUIREMENTS- PROFESSIONAL

SERVICES AGREEMENT
Insurance:

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "AVII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following
policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY
insurance which shall be at least as broad as the
most current version of Insurance Services Office
(ISO) Commercial General Liability Coverage Form
CG 00 01 and include insurance for “bodily injury,”
“property damage” and “personal and advertising
injury” with coverage for premises and operations
(including the use of owned and non-owned
equipment), products and completed operations, and
contractual liability (including, without limitation,
indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence for personal and
advertising injury
$2,000,000 aggregate for products and
completed operations
$4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE
LIABILITY insurance which shall be at least as broad
as the most current version of Insurance Service
Office (ISO) Business Auto Coverage Form CA 00 01,

and include coverage for all owned, hired, and
non-owned automobiles or other licensed vehicles
(Code 1 - Any Auto) with limits of liability of not less than $2,000,000 per accident for bodily injury and
property damage.
(iii) WORKERS' COMPENSATION
insurance as required under the California Labor
Code.
(iv) EMPLOYERS’ LIABILITY insurance with
limits of liability of not less than $1,000,000 each
accident, $1,000,000 disease policy limit and
$1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance
in an amount equal to the completed value of the
project with no coinsurance penalty provisions. (Only
required if the project includes new construction
of a building; or renovation of, or addition to, an
existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless
waived in writing by the City Manager or his/her
designee in his/her sole discretion, Contractors
Pollution Liability is required for all environmental
and water remediation work and for all work
transporting fuel. Unless waived in writing by the
City Manager or his/her designee in his/her sole
discretion, Contractors Pollution Liability
insurance is also required for demolition,
renovation, HVAC, plumbing or electrical
(including, without limitation, lighting) work on
any structure built prior to the year 1990) with
limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of
insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involve any lead based, mold or
asbestos environmental hazard, either the Automobile
Liability insurance policy or the Contractors Pollution Liability

insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be
transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based
environmental hazard (e.g., lead based paint), the
Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the
Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold
environmental hazard (e.g., mold remediation), the
Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental
hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

Contractor shall be responsible for payment of any
deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be
endorsed to provide that the coverage shall not be
cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been
given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or
reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City,
Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not

less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The
Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form.

The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction)
insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy
shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall
contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents.

If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must
be before the effective date of the Contract or
the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of
insurance must be provided for at least 5 years
after completion of the work or termination of
the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and
not replaced with another claims-made policy
form with a retroactive date prior to the
effective date of the Contract, or work
commencement date, Contractor must
purchase extended reporting period coverage
for a minimum of 5 years after completion of
the work or termination of the Contract,
whichever first occurs.

(iv) A copy of the claims reporting requirements
must be submitted to City for review.
(v) These requirements shall survive expiration or
termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required
hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk
Manager or his/her designee in his/her sole discretion
prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall
immediately furnish City with a complete copy of any
insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all
payments due or that become due to Contractor shall be
withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period
satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any
insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, subconsultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance
protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors'
certificates and endorsements shall be on file with
Contractor and City prior to the commencement of any work by the subcontractor.

SR-22-058
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 Architectural Services for Design of Detached Accessory Dwelling Units
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.

BACKGROUND:

In 2020, 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.

DISCUSSION:

Accessory Dwelling Units (“ADU”) are now permitted by State Law. The City is anticipating residents and developers to take advantage of this new housing type. In anticipation, the City formally requested bids from architects to develop a comprehensive development plan that enhances the overall aesthetics of the City.

The consultant will work closely with Staff to provide two (2) complete sets of building plans consisting of title sheet, plot plan, foundation plan, floor plan, framing cross section, design details, elevations, truss plan, energy calculations, green code requirements, and engineering calculations, for each of the four (4) ADU types. The ADU types consist of: studio, one-bedroom, two-bedroom, and threebedrooms. Desert Hot Springs residents may wish to use these plans for new ADU construction to understand what is needed to build an ADU. In addition residents will still have to submit a site plan specific to their lot for permitting. Final plans should include:
(1) Ability for roof pitch to be increased or decreased on each of the plan sets to ensure compatibility with the primary dwelling unit;
(2) Foundation plans that are customizable for different soil conditions; (3) Building plans that are single story and are a minimum of 150 square feet and a maximum of 1,200 square feet; and

SR-22-058
(4) An architectural feature to compliment or enhance the existing primary dwelling unit such as a trellis patio, and a minimum of two roof lines. A courtyard can be encouraged if the site allows for it.

RFP Process
On October 2, 2021, the City of Desert Hot Springs released a Request for Proposals for Architectural Services for the design of pre-approved, detached Accessory Dwelling Units (ADU). The Request of Proposals was posted on the City’s website and sent to out to various architectural firms. The Request for Proposals closed on December 2, 2021. The City of Desert Hot Springs received one (1) proposal from YNG Architects.

Staff completed an evaluation and found the proposal to be responsive and complete. The proposal provided prior experience, staff qualifications, past performances, sub-consultant list, approach to project, a project schedule, and a cost proposal. The cost proposal total amount was $143,640.00.

Based on the submitted proposal, staff found YNG Architects to be a qualified consultant.

Staff recommends that the City Council authorize the City Manager to execute the Professional Services Agreement for Architectural Services for design of pre-approved, detached Accessory Dwelling Unit (ADU) with YNG Architects in an amount not to exceed $143,640 with a contingency amount of $14,364 (10%) for any additional work as approved by the City, which brings a total budget of $158,004.

FISCAL IMPACT:

Contract amount is $143,640 with a contingency of $14,364 (10%) for any additional work as approved by the City, which brings a total budget of an amount not to exceed $158,004.00. Funding for this contract comes from LEAP Grant and SB-2.

Budgeted expenditure appropriation is included in the FY21-22 Amended Budget as well as the corresponding grant revenue.

ATTACHMENTS:

Exhibit 1 - Request for Proposals
Exhibit 2 - YNG Architects Proposal
Exhibit 3 - Professional Services Agreement YNG Architects

The City of Desert Hot Springs (City) Community Development Department (CDD) is soliciting proposals from qualified consultants who have expertise in residential architectural design to collaborate with City staff to prepare a minimum of two pre-approved, detached Accessory Dwelling Unit (ADU) plans. The City requests proposalsfrom qualified consultants for completing the following scope of work within a three to six (3-6) month timeframe. 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 City invites proposals from qualified consultants or teams for the design and preparation of building plan sets for an Accessory Dwelling Unit Program consistent with the City’s development standards. The goal of creating these pre-approved ADU plans is to expedite the plan check process and help reduce the cost of building new ADUs in Desert Hot Springs.

The City seeks a consultant to work collaboratively with Staff in considering designs that are appropriate for the City’s needs, are compatible with existing Desert Hot Springs architectural styles, and use energy efficient building methods. The City asks interested consultants to submit a proposal for performing the services described in the scope of work below. A detailed list of what should be included in the proposal can be found in section IV of this document.

B. Scope of Work Components
i. Pre-Approved Detached ADU Plans: The consultant is expected to develop two (2) complete sets of building plans consisting of title sheet, plot plan, foundation plan, floor plan, framing cross section, design details, elevations, truss plan, energy calculations, green code requirements, and engineering calculations, for each of the four (4) ADU types. The ADU types consist of: studio, one-bedroom, two-bedroom, and three-bedrooms. The consultant is expected to obtain approvals from the City’s Community Development Department (Building and Safety, Planning Divisions, Fire Department). Desert Hot Springs residents may use these plans for new ADU construction but they will still have to submit a site plan specific to their lot for permitting. Final plans should include:
(1) Ability for roof pitch to be increased or decreased on each of the plan sets to ensure compatibility with the primary dwelling unit;
(2) Foundation plans that are customizable for different soil conditions; and (3) Building plans that are single story and are a minimum of 150 square feet and a maximum of 1,200 square feet.
11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org

CITY OF DESERT HOT SPRINGS

COMMUNITY DEVELOPMENT

(4) An architectural feature to compliment or enhance the existing primary dwelling unit such as a trellis patio, and a minimum of two roof lines. A courtyard can be encouraged if the site allows for it.
ii. Architecture Research: The consultant is expected to research common architectural styles in Desert Hot Springs to assist with developing the ADU design types and features.

The consultant will create an option of architectural design types consistent with existing and current housing development of Desert Hot Springs:
iii. Design: The consultant shall develop a series of design types that will act as a tool for builders and homeowners to select an architectural design that is most compatible with their primary dwelling unit. The consultant is asked to create a minimum of two (2) ADU design types and no more than four (4) that can speak for the majority of residential architectural types in Desert Hot Springs. The consultant is expected to develop a series of design features that can be added to certain properties to ensure compatibility with their unique architectural styles and neighborhood character. iv. Elevations: The consultant shall develop elevations and for each design type and floor plan, with a minimum of two (2) elevations and a maximum of four (4) elevations.

C. Deliverables
Deliverables Details
Pre-approved Detached ADU
Plans
Two (2) complete sets of building plans for each of
the four (4) types below, eight (8) in total:
1) Studio
2) One-bedroom
3) Two-bedroom
4) Three-bedroom
Requirements: roof pitch must be able to be
increased or decreased, must include customizable
foundations and all units must be at least 150 sq ft
and no more than 1,200 sq ft
Architecture Research Be able to include existing housing designs and current housing development
Design A minimum of two ADU design types
Elevations A minimum of two (2) elevations and a maximum of four (4) elevations of each floor plan and design
type
D. Project Management
i. Kick-off meeting and presentation from consultant
ii. Minimum of two (2) project update meetings with City staff iii. Present preliminary plans to Community Development Department Staff for review iv. Submit final plans to the City with opportunity for final feedback from City staff

v. Complete plan check and obtain all approval from all required departments E. 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
• Plans/images of ADUs that project staff have helped create • 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 as described in section III B, including:
• Methodology for determining architecture design types and floor plans
• Working with city staff
(3) Schedule
• Propose a schedule for this project in a three (3) month time frame. If the consultant feels that the project cannot be completed within three (3) months, then please provide an explanation and an estimated length of time the project would take.
• Include deadlines for each deliverable item (see section III C), including rough drafts and final products
• Include dates for the Project Management items (see section III D) (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)
F. PROPOSAL EVALUATION
i. 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 design and construction of ADUs. Level of education, training, licensing and certification of staff.

Knowledge and previous execution of sustainable building principles and energy efficient building is a plus. Consultant will demonstrate relevant work experience by providing plans and/or images of ADU designs their staff have created.

Examples of past projects in which project staff adapted projects to neighborhood context is a plus.
(2) Approach to the project: Demonstrated understanding of the City's needs and solicitation requirements. Approach is well organized and presented in a clear, concise and logical manner. Demonstrated knowledge of Desert Hot Springs’ architectural history and architectural typologies. Emphasis shall be on providing architectural design services and energy efficient building principles. (3) Schedule: Schedule created by consultant is within the three (3) month time frame requested and incorporates estimated time for feedback and revisions. Note that the schedule can be adjusted as needed if the applicant is selected for the project, but there should be a reasonable attempt at giving a timeline of when certain components of the project will be completed.
(4) Cost: Cost of labor shall be fair and reasonable based on the research, drafting of pre-approved plans, and continuing use of said ADU plans for residential ADU construction.
ii. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City of Desert Hot Springs and the diversity of neighborhoods and architectural types within the City. After evaluating the proposals and discussing them further with the finalists, the City of Desert Hot Springs reserves the right to further negotiate the proposed work and/or method and amount of compensation.

G. PROPOSAL SELECTION SCHEDULE AND DELIVERY
i. 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
ii. 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. iii. Delivery
a. Final proposals must be sent digitally to Juan Carrillo, [email protected] no later than December 2, 2021, at 5:00 pm Pacific.
iv. Interviews
a. Whether or not interviews are conducted will be determined by the City.

Attachment: CITY OF DESERT HOT SPRINGS STANDARD PROFESSIONAL SERVICES

AGREEMENT

1524 Brookhollow Drive, Suite 6, Santa Ana, CA. 92705 (714) 426-2920 www.yngarchitects.com YNG Architects, Inc.
1524 Brookhollow Drive, Suite 6
Santa Ana, CA. 92705
(714) 426-2920

CITY OF DESERT HOT SPRINGS

COMMUNITY DEVELOPMENT DEPARTMENT

ARCHITECTURAL DESIGN PROPOSAL

FOR ACCESSORY DWELLING UNITS
ATTENTION: JUAN CARRILLO
[email protected]

SECTION PAGE

I. EXPERIENCE ---------------------------------------------------------------------- 1 II. APPROACH TO THE PROJECT -------------------------------------------------- 16 III. SCHEDULE --------------------------------------------------------------------------- 20 IV. COST --------------------------------------------------------------------------------- 22

www.yngarchitects.com

TABLE OF CONTENTS

www.yngarchitects.com

SECTION I

ABOUT US
• Located in Orange County-YNG Architects provides creative quality design on projects ranging from Single Family Homes to Multi-family Residential developments to Commercial buildings throughout California. • Committed to exceptional customer service
• Wide range of architectural styles from historic to modern • Collaborative spirit with our clients and consultants • Highly experienced staff
• Knowledgeable in Sustainable design

CORE CAPABILITIES
 Programming
 Design
 Master Planning
 Construction Documents
 Permit Processing
 Construction Administration
 Project Management
 Consultant Coordination
 Sustainable Design

FIRM ORGANIZATION

Company Information
Established in 2005
Owner-Yenny Ng
C Corporation
Federal ID: 81-3638309
DIR PW-LR-1000839348
Arch. License No. C-32798
LEED AP (B+C) & Homes
MBE (in process)
Federal SBA (in process)

EXPERIENCE
Yenny Ng
Principal Architect
CEO / Owner
Ada Rose
Vice President
Project Architect
Claudia Nelson
Office Manager
Luis Makianich
Sr. Technical Designer
Project Manager
Natalia Biron
Project Manager
Lawrence Wright
Architectural Designer
Meldrick Dizon
Architectural Designer

ARCHITECTURAL DESIGN TEAM
Yenny Ng, AIA CEO / Principal Architect
Bachelor of Arts in Architectural Studies & Master in Architecture degree University of Nottingham, England, 1987
For the Desert Hot Springs ADUs- Yenny will be Architect of Record and Principal in Charge. He will oversee all work- by YNG Architects and the consultants. He will lead the design process- providing sketches for the various plan options. (Yenny has 30+ years of experience in the Design role, 20+ years in residential architecture.) His role will include the establishment and implementation of project and sustainability goals.

Yenny began his career working on projects in the U.K. and Europe while based in England, and later, when living in Singapore, extending his work to Asia, gaining a wealth of international experience. In 1997 he moved to Southern California and over the next 10 years worked for WATG Architects, Architects Orange, and Lee & Sakara Architects primarily as a Designer working on commercial, hotel, and multi-family residential projects.

Yenny founded Yenny Ng Designs (now YNG Architects) in 2005. As Principal Architect he has led the design for all projects in the office. His residential work includes multi-family projects, high end custom homes, and additions and remodels. He has designed various new commercial buildings and completed numerous renovations and tenant improvements. As CEO of YNG Construction, Yenny has constructed the City of Orange ADU, as well as various residential remodel and commercial tenant improvements.

Ada Rose, AIA Vice President / Project Architect
Ada graduated with a Bachelor in Architecture Degree from Cornell University in 1996. Ada joined YNG Architects in 2014.

For this project- Ada will be Project Manager & Project Architect. She will schedule meetings, maintain an up-to-date work plan, & correspond with City, YNG, & consultants. She will assist with the design development of the ADUs. (Ada has 20+ years of experience in residential architecture.) She will oversee the development of the drawings sets, the coordination of work by consultants, & the permit review process.

Over the past 25 years she has worked in several southern California firms gaining experience in design, project management, and construction administration of residential and commercial projects.

As Vice President, Ada assists the CEO with design and quality control, as well as management of the firm. As Project Architect, Ada brings together her strength in project management, talent for architectural design, and skill in coordinating the work of consultants. Ada has served as Project Architect for 921 N. Bewley St., Traditions Residences (Lots 23 & 24), Hideaway Residence (Lot 205) Pine Mountain Lake Drive, and Lake Drive Residence, among others. She has also served as Project Architect on various commercial projects- both new construction and tenant improvements.

EXPERIENCE
Yenny Ng, AIA
Architectural License C-32798
NCARB, LEED AP (B+C)

Ada Rose, AIA
Architectural License C-31465

LEED AP HOMES

ARCHITECTURAL DESIGN TEAM EXPERIENCE
Luis Makianich - Senior Technical Designer / Project Manager Luis graduated from the National University of Buenos Aires, Argentina with an architectural degree in 1978.

He was the Chair of History of Architecture (UNESCO) in 1978, and Chair of Architectural Design (Universidad de Buenos Aires) in 1980 and from 1987-2001.

Luis joined YNG Architects in 2014 and has served as the Project Manager & Senior Technical Designer for various Renovations/ Tenant Improvements including the Banquet Hall, Jarrow Laboratories, The Sleek Shop and various restaurants. He has also served as the Senior Technical Designer for The Lantern Point Hotel and Azusa Mixed-Use Development, providing building analysis for fire & life safety and construction details.

Natalia Biron - Project Manager / Job Captain
Natalia earned a Bachelor in Architecture Degree from the University of Buenos Aires, Argentina in 2010. She earned a Master of Science of Sustainable & Environmental Design degree from the Chinese University of Hong Kong in 2015.

For the Desert Hot Springs ADUs- Natalia will lead the development of the CAD drawings sets by producing the construction documents, integrating the structural requirements, and completing the permit process.

Natalia has over 15 years of experience in mixed-use, single family, and multi-family residential projects. She has managed multiple small projects while providing execution of all design phases. Her strength is paying attention to detail and maintaining clear and consistent communication with clients and consultants. Natalia joined YNG Architects in 2019. Natalia has served as Project Manager on various residential projects, including the Santa Ana ADU and the Washington Square Single-Family Residences.

Lawrence Wright - Architectural Designer
Lawrence earned a Bachelor of Science in Architectural Studies degree from the University of Utah in 2009. He earned a Master of Architecture degree from the New School of Architecture and Design- San Diego in 2019.

In addition to his architectural training, Lawrence has 8 years of experience in residential construction.

For this project- Lawrence will assist with the development of the drawings sets, produce 3D models and renderings, and provide support during permit processing.

In 2019 he joined YNG Architects and YNG Construction. At YNG Architects, he has served as Designer working directly under Yenny Ng on the City or Orange ADU and the Pine Mountain Lake Drive Residence. At YNG Construction, he has served as Construction Coordinator for the City of Orange ADU and the Ngyuen Residential Addition.

Meldrick Dizon - Architectural Designer
Meldrick earned a Bachelor of Architecture Degree from the University of Southern California in 2020. He joined YNG Architects in 2021 bringing skills in 3D modeling, visualization, rendering, and design.

For this project- Meldrick will assist with the development of the drawings sets, produce 3D models and renderings, and provide support during permit processing.

EXPERIENCE

RESIDENTIAL PROJECTS - ADUS
City of Orange ADU 2020 - 2021
542-B E. Cumberland Rd., Orange, CA
• Programming through Construction and Construction Administration • Construction through YNG Construction (arm of the firm) • New construction, detached 2 bedroom ADU (970 sf) with outdoor living deck • Craftsman style
City of Garden Grove ADU 2020 - 2021
11522 Mac Nab St., Garden Grove, CA
• Programming through Construction Documents
• Construction through YNG Construction (arm of the firm) • New construction, detached 2 bedroom ADU (747 sf) with outdoor living deck • Architectural style to match existing main residence- per planning requirements City of Santa Ana ADU 2021
605 Cypress Ave., Santa Ana, CA
• Programming through Construction Documents
• New construction, detached 2 bedroom ADU (987 sf)
• Craftsman style- per City of Santa Ana design guidelines Attached Dwelling Unit (Multi-family Development) 2021
921 N. Bewley St., Santa Ana, CA
• Programming through Design Development
• (2) New construction, attached 2 bedroom ADU (860 sf) with 2 porches • Spanish style- per City of Santa Ana design guidelines Attached Dwelling Units (Washington Square Single Family Residences) 2019 - 2021 Washington & Olive Streets, Santa Ana, CA
• Programming through Construction Documents
• (2) New construction, attached studio JR ADUs(360-410 sf) with outdoor living porch • (2) New construction, attached 1 bedroom ADUs (500-760 sf) with outdoor living porch • (2) Spanish Style, (2) Craftsman style- per City of Santa Ana design guidelines

1524 Brookhollow Drive, Suite 6, Santa Ana, CA 92705 (714) 426-2920 www.yngarchitects.com City of Orange ADU
Orange, CA

EXPERIENCE
North Elevation
West Elevation Floor Plan
Project Photo - North
page 6

1524 Brookhollow Drive, Suite 6, Santa Ana, CA 92705 (714) 426-2920 www.yngarchitects.com Garden Grove ADU
Garden Grove, CA

EXPERIENCE
1 1
5 2
2 N. Bewley St. ADU
Santa Ana, CA
West Elevation
Floor Plan
Floor Plan
West Elevation
page 7

EXPERIENCE

RESIDENTIAL PROJECTS - COACHELLA VALEY
Traditions Lot 23 Residence 2020
78731 Deacon Dr. East, La Quinta, CA
• Programming through Design Development
• New construction, single family residence (3,300 sf)
• Contemporary Tuscan style
Traditions Lot 24 Residence 2020
78741 Deacon Dr. East, La Quinta, CA
• Programming through Design Development
• New construction, single family residence (3,330 sf)
• Contemporary Spanish style
Hideaway Lot 205 Residence 2020
80140 Via Pessaro, La Quinta, CA
• Programming through Construction Documents
• New construction, single family residence (4,300 sf)
• Contemporary Tuscan style

RESIDENTIAL PROJECTS

CONTEMPORARY ARCHITECTURAL STYLE
Pine Mountain Lake Drive Residence 2020 - 2021
20169 Pine Mountain Lake Drive, Groveland, CA
• Programming through Construction Documents
• New construction, 4 bedroom vacation home (2,430 sf) with large outdoor living deck • Contemporary style
Lake Drive Residence 2019 - 2021
20169 Pine Mountain Lake Drive, Groveland, CA
• Programming through Construction Documents
• New construction, 6 bedroom home (7,000 sf) with large outdoor living porch, decks, & balconies • Contemporary style

1524 Brookhollow Drive, Suite 6, Santa Ana, CA 92705 (714) 426-2920 www.yngarchitects.com Traditions Lot 23 Residence
La Quinta, CA

EXPERIENCE

ELEVATIONS
TRADITION - LOT 24

LA QUINTACA

OPENA ASSET MANAGEMENT
A4.0
NORTH

EAST (FRONT)
page 9

1524 Brookhollow Drive, Suite 6, Santa Ana, CA 92705 (714) 426-2920 www.yngarchitects.com Hideaway Lot 205 Residence
La Quinta, CA

EXPERIENCE
page 10

1524 Brookhollow Drive, Suite 6, Santa Ana, CA 92705 (714) 426-2920 www.yngarchitects.com Pine Mountain Residence
Groveland, CA

EXPERIENCE
West Elevation
Floor Plan
South Elevation
North Elevation page 11

STRUCTURAL ENGINEERING TEAM EXPERIENCE
LEE & LEE STRUCTURAL ENGINEERING INC.

Established in 1989, Lee & Lee’s pursuit of excellence uses sound design fundamental concepts and the newest available technology. Utilizing the latest computer technology and designing software, the office is able to provide the most optimal design and accurate calculations, providing expedient service for all clients. Recently, our increase in man power and computer software has significantly increased our efficiency and capabilities Each project at Lee & Lee receives the full attention from the project team led by the principal engineer.

Understanding the client’s needs and budget constraints, and conscientiously addressing those issues has been the hallmark of this office.

EXPERIENCE
Lee & Lee has successfully completed numerous projects including offices and commercial buildings, as well as residential complex buildings providing planning, design, contract document, construction services, building investigations and remediation services. Residential projects include:
 Vanowen St. Apt- 21121 Vanowen St. Los Angeles, CA
101 Units + Retail
2-story subterranean parking & 5-story wood structure over 1 level concrete retail structure  Temple and Bonnie Brae- 1910 Temple St. Los Angeles, CA 202 Units + Retail
2-story subterranean parking & 5-story wood structure over 1 level concrete retail structure  Otsego Apartment- 11011 W. Otsego St. Valley Village, CA 144 Units
2-story subterranean parking and 5 story wood structure  Western Mixed Use- 940 S. Western Ave. Los Angeles, CA 79 Units + Retail
3-story subterranean parking and 5 story wood structure over 1 level concrete retail structure  Ardmore Condo at Los Angeles- 700 S. Ardmore Ave. Los Angeles, CA 48 Units
2-story subterranean parking and 8 story steel structure  Sol Y Luna- 2917 E. 1st St. Los Angeles, CA
56 Units - Affordable Apartments
 New Hampshire 1037-1053 S. New Hampshire- Los Angeles, CA 52 Units - Affordable Apartments
 PWC- 153 N Glendale Blvd. Los Angeles, CA
45 Units - Affordable Apartments

EXPERIENCE

STRUCTURAL ENGINEERING TEAM
Sang Youck Lee, S.E. - Principal CA License S.E.

Masters of Science in Civil Engineering, University of Southern California (Focus on Structural Engineering) Mr. Lee has been responsible for the structural design and project administration for large-scale building structures, including institutional structures, high-rise commercial buildings, hotels, and entertainment facilities.

His responsibilities include primary client contact, selection and design of structural systems, direction of construction document preparation, and construction administration.

In addition to his experience in structural design, Mr. Lee has extensive experience in the evaluation of earthquake safety of structures, and he has directed numerous projects investigating the seismic behavior of structures. These projects involved developing seismic loading criteria, performing earthquake engineering analysis, and preparing construction documents for seismic mitigation work when required. He has also had much experience and particular personal interest in the area of restoration and seismic rehabilitation of buildings.

Mr. Lee holds a Masters degree in Civil Engineering from the University of Southern California, with a specific focus on Structural Engineering. He has continued to advance his studies after Graduate school at the University of Southern California’s School of Engineering. He was an instructor of undergraduate concrete and steel structure engineering courses at the Dept. of Architectural Engineering, Hanyang University and Gunkook University, as well as teaching at the Dong-Yang Technical College in Korea as an Assistant Professor of Architectural Engineering. He currently resides in Southern California, where he is a registered Civil and Structural Engineer in California and Korea.

Seungphil Kwon, P.E - Associate CA License S.E.

Master of Science in engineering from the University of Southern California (Focus on Structural Engineering) Bachelor’s degree from Utah State University
Seungphil joined Lee & Lee in 2013. Since joining Lee & Lee, Mr. Kwon has worked for several types of residential and commercial made of wood, CMU, concrete, and steel.

Ji Xia, P.E - Associate CA License S.E.

Master of Science in Civil Engineering- University at Buffalo (SUNY) (focus on Structural & Earthquake Eng.) Bachelor’s degree in Beijing University of Technology, China Ji Xia has been working at Lee & Lee since he graduated in 2015. He has proven ability to design wood, steel, concrete, and masonry structures, and project types including single-family residences, apartments, mixed-use, commercial, office and warehouse. He became a Licensed Professional Engineer in Civil Engineering in 2018.

MEP / TITLE 24 CONSULTANT

MECONE MECHANICAL CONSULTING ENGINEERS
Radik Musin, P.E., LEED AP BD+C - Principal Mechanical Engineer CA License #M37352 Indian Institute of Remote Sensing, India - Post Graduate degree in Geoinformatics Tashkent State Technical University, Uzbekistan
Bachelor & Master of Science - Physics, Electronics & Microelectronics Radik has been involved with HVAC systems design and construction since 2005. He has proven his engineering skills as well as strong understanding of industry standards and requirements. His problem solving and analytical abilities helped create more efficient building systems, while ensuring that project design is always delivered on schedule. Radik has extensive experience designing building systems including Steam, Heating Hot Water, Chilled Water, Cooling Towers, VAV air handlers, VRV and VRF systems, as well as Dust Collection and Flammable Fumes Control systems. Radik is a LEED certified professional in building design and construction.

Following the “green building” environmental trend he has become an expert in designing energy efficient buildings and systems. His knowledge and experience has helped projects to achieve LEED Platinum, Gold and Silver certifications. As a Certified Energy Analyst, Radik develop designs that meet or exceed energy reduction requirements and projects’ energy saving goals. As a licensed mechanical engineer and founder of the company, Radik knows how important it is to find innovative engineering solutions for an exceptional design which exceeds client's expectations.

EXPERIENCE
HVAC Design & Engineering:
 B-3230 Dental Clinic, Naval Base San Diego, CA
 UC Irvine Research Center, Anza-Borrego, CA
 SPANOS Athletic Performance Center, UC San Diego, CA
 Fire Station #17, San Diego, CA
 Sharp Data Center Office Tenant Improvement, San Diego, CA  Squadron Head Quarter Buildings 6008, 6009 and Administration building, MCAS Miramar, San Diego  MLG Group & Military Police, Camp Pendleton, CA
 41-Area Camp Pendleton LEED (14 buildings, 5 LEED Campuses)  Jack in the Box - San Diego, CA
Building Energy Efficiency Projects:
 Over 1,000 Title 24 Energy Reports & Calculations on Residential Projects throughout California  RM15-2780 & RM16-0197 HVAC & DDC Optimization, AWEMS Integration to Smart Grid Network for Navy Region San Diego (Energy audits and energy savings analysis on over 160 buildings spread primarily over the three major San Diego metro military bases: NBSD; NBC & NBPL)
 NAB Building-401 HVAC Engineering Analysis and Repair Project Development, Naval Amphibious Base, Coronado, CA (93,564 square-foot administrative/training building)

EXPERIENCE

CONSTRUCTION SPECIFIER
WHITE + GREENSPEC
White + GreenSpec, is a sole proprietor, independent architectural specification consulting business. Services offered include product research, specification writing, development of specification masters and staff training, all with a focus on sustainable processes and materials. Additional services include construction administration, and specification and sustainable consulting.

Peggy White - Owner & Certified Construction Specifier, LEED AP, CCS  LEED Accredited Professional, US Green Building Council, since 2002  Certified Construction Specifier, The Construction Specifications Institute, since 1999  Certified Construction Contract Administrator, The Construction Specifications Institute, since 1996  Construction Documents Technologist, The Construction Specifications Institute, since 1993  The Construction Specifications Institute (CSI), Professional Member, 1992 - 2012  US Green Building Council (USGBC), Professional Consultant Member, May 2002 - present

EXPERIENCE
CSI certification in construction documents, specification writing and construction administration. US Green Building Council LEED AP, BD&C. Specialized studies in Wood Technology and Construction Management. More than 30 years of direct, diversified technical experience in the construction industry. More than 25 years of technical research and specification writing experience. Established record of expertise and accountability.

Project types include government, institutional, healthcare, education, multi-family residential, mixed-use developments, and private residential projects.

MULT I -FAMILY RESIDENTIAL PROJECTS
Sequoia Belle Haven, Gateway Senior Housing, Menlo Park, California Architectural Specifications, Product Research
LEED for Homes for California, Platinum Certification
Hunters Point, Hillside Block 48, Phase I, San Francisco, California Architectural Specifications, Product Research
Green Point Rated (GPR), New Home Multifamily (NHMF) System 1036 Mission Street Neighborhood Development, San Francisco, California Architectural Specifications, Product Research
Green Point Rated (GPR), New Home Multifamily (NHMF) System Paradise Creek, Affordable Housing Development, National City, California Sustainable Design Consultation, Architectural Specifications, Product Research LEED for Homes for California, Silver Certification
Hayes Valley, Mixed Use Housing Development, San Francisco, California Sustainable Design Consultation, Architectural Specifications, Product Research LEED for Homes Mid-Rise Pilot for California, Gold Certification 1150 Ocean Avenue, Mixed Use Housing Development, San Francisco, California Sustainable Design Consultation, Architectural Specifications, Product Research LEED for Homes Mid-Rise Pilot for California, Gold Certification

EXPERIENCE

www.yngarchitects.com

SECTION II

METHODOLOGY PROJECT APPROACH
INTERGRATED DESIGN APPROACH – EMPHASIS ON SUSTAINABILITY YNG Architects has put together a team of professionals who are experienced in their fields and also LEED (Leadership in Energy and Environmental Design) professionals. We will establish an interdisciplinary design approach at the onset of the project between the Architect, Structural Engineer, Energy Consultant, Specifier & City staff. We will have a pre-design meeting to obtaining valuable input from all parties in regards to integrating sustainable systems into the building designs, prior to starting the work. Following these meetings we will establish project goals, a project timeline, and set key milestones.

ARCHITECTURAL DESIGN
YNG Architects will begin the project with research. Understanding the City of Desert Hot springs development standards, the RFP requirements, and Desert Hot Springs architectural history and typology. We will also spend a day visiting & photographing various communities in Desert Hot Spring to gain first-hand knowledge of the predominant architectural styles and determine which plan typologies/ architectural features would best complement the existing neighborhoods. We will provide 4 elevation styles. Each elevation style will be available in the studio, 1-bedroom, 2-bedroom, and 3-bedroom plans.

YNG Architects is committed to working with city staff throughout the design process and permit process. We will email drawings to the city staff for review and comment. We will also schedule meetings in person and/ or via Zoom to discuss the project and review the progress.

In the Design Development phase- the Design Team will integrate the building systems- structural, mechanical, electrical, plumbing, and materials, with an emphasis on sustainability. As the project progresses into the construction document phase we will continue to collaborate and coordinate our work.

Yenny Ng, Architect of Record and Principal in Charge, will oversee all work- by YNG Architects and the consultants. As the Design Team lead he will head up the design process providing sketches – plan and elevation for the various plan options. (Yenny has 30+ years of experience in the Design role, 20+ years in residential architecture.) He will be in direct contact with the City and attend all requested meetings. His role will include setting clear project goals and establishing the project timeline. As LEED AP he will oversee the establishment and implementation of sustainability goals for the ADUs.

Ada Rose, Project Manager & Project Architect, will schedule meetings with the City and consultants, maintain an up-to-date work plan (schedule, milestones, and tasks), & correspond with City, YNG, & consultants. She will assist with the development of the Designs for the ADUs. (Ada has 20+ years of experience in residential architecture. She is also a LEED AP Homes professional.) She will oversee the development of the drawings sets, the coordination of work by consultants, & the permit submittal process.

Natalia Biron, Job Captain, will lead the development of the CAD drawings sets including producing the construction documents, integrating the structural requirements, and completing the permit process.

Lawrence Wright and Meldrick Dizon will assist with the development of the drawings sets, produce renderings, and provide support during permit processing.

CONSTRUCTION SPECIFICATIONS – White + Green Spec
Peggy White, CCS (LEED AP B+C) will provide product research and material specifications with a focus on sustainable processes and materials.

PROJECT APPROACH METHODOLOGY
Structural Engineering - Lee & Lee
Sang Lee, S.E. will be the Structural Engineer of Record in responsible charge for the project. Mr. Lee will oversee all aspects of the structural scope of work and attend meetings. Mr. Kwon, S.E. and Mr. Xia, S.E. will work under the direction of Mr. Lee.

The structural design will conform to the applicable provisions of the 2019 CBC with local amendments as appropriate. Lee & Lee will provide completed structural calculations, structural drawings and construction notes for the purposes of obtaining a Building Permit from the appropriate government agencies. During plan check, Lee & Lee will respond to plan check comments as necessary for the issuance of building permits.

Energy Consulting - Mecone Mechanical Consulting Engineers Radik Musin, P.E. (LEED AP B+C), brings over 15 years of experience in energy efficient buildings and HVAC systems design. He will provide recommendations regarding water heating, heating and cooling, and energy design. As a Certified Energy Analyst, Radik will develop systems that meet the projects’ energy saving goals. Mecone will also provide the T-24 Energy Compliance Reports.

DESIGN APPROACH
Functionality: Provide floor plans that maximize the square footage of the different ADUs. Enable indoor-outdoor living by providing covered or sheltered outdoor patios with operable patio doors. Where possible, provide vaulted ceilings to optimize the stack effect and cooling.

Sustainability: While increased insulation and air-conditioning make living in the desert possible, there are other building methods that save energy while accommodating summer heat and winter cold.

Mitigate the Effects of Sun Penetration: Deep overhangs and porches help keep the building cool and protect from winter rains. Additionally, consider the use of courtyards and covered patios. Generally, small operable windows that allow the breeze in while keeping the hot sun out but if large windows are included for views, then provide adequate sun shading.

Material: Concrete, stone or tile floors provide a cool surface in summer. When the low-slanting rays of the winter sun reach deep into the south-facing triple-pane windows, the floor retains and reflects the warmth through the house. Adding metal cladding or roofing over the building can mitigate the sun’s effects, while allowing air circulation under a reflective roof and walls. Consider thermal mass walls that slowly absorbs heat during the day and radiates it at night.

Passive Cooling: Consider adding cooling towers to allow warm air to enter at the top, passing through damp pads, cooling to a comfortable temperature by the time it enters the home through vents.

Solar power: These panels provide power, while a solar water heater saves energy.

Gray Water System: Gathering the small annual amounts of rainwater into a cistern and using gray water to water minimalist landscape makes the desert home an oasis in the dry terrain.

Adaptability & Scalability: Consider floor plans which will lend themselves to a certain amount of customization without losing the integrity of the floor plans and architectural style. Provide architectural styles with distinct architectural features that will allow builders and homeowners to adapt a specific architectural design that would be most compatible with their primary dwelling unit. Consider the design of the units where additional bedrooms or spaces can be added to the original unit.

PROJECT APPROACH

INITIAL RESEARCH
Desert Hot Springs Architectural History
The architectural character of Desert Hot Springs and adjacent desert cities, particularly Palm Springs, reflects changes in popular taste over the course of the 20th century. Represented styles include:

Period Revival styles, including: • Spanish Colonial Revival • Mediterranean Revival • Pueblo Revival • Monterey Colonial Revival • English Revival
Early Modern styles, including: • International Style • Minimal Traditional • Ranch • Regency Revival Modern styles of the post-World War II era, including: • Mid-century Modern • Organic Architecture • Expressionist Architecture • New Formalism • Late Modern Desert Hot Springs Residential Architectural Typology
Housing typology suitable for desert accommodation historically includes:

The Traditional Adobe
The thick walls are made of adobe blocks - a mixture of clay, sand, straw and water and dried in the hot summer sun provide a thermal mass that slowly absorbs heat during the day and radiates it at night. In winter, corner fireplaces release heat into the rooms. The thick walls hold the heat in and keep winter cold outside.

Pueblo Revival
This housing type incorporates low, thick wall of the adobe but may be built of concrete, stucco or mortar.

Typically, it incorporates an inner courtyard or sheltered patio to gather and socialize.

Spanish Colonial
The Mediterranean-style Spanish Colonial or Mediterranean Revival incorporates thick walls and tile roofs that attenuate the heat gains and stuccoed white walls that are reflective. As in adobe homes, the walls are thick with small windows that open to allow the breeze in while keeping the hot sun out. Inner courtyards are also typical.

Modern Desert Homes
With modern insulating material, air-conditioning and UV reflective dual or triple glazing, the modern desert house typology continues to develop. Desert Modernism is characterized by features and elements that are suitable to the desert climate and lifestyle, including expansive walls of glass and windows that showcase views of the natural landscape and open up to outdoor living spaces and materials that hold up well in the harsh heat and insulate the interiors from warm outdoor temperatures.

www.yngarchitects.com

SECTION III

SCHEDULE CITY OF DESERT HOT SPRINGS ADUs
page 21

www.yngarchitects.com

SECTION IV

COST

YNG ARCHITECTS

TITLE / SKILL SET PRINCIPAL

ARCHITECT

PROJECT

MANAGER

ARCHITECT
JOB

CAPTAIN

ARCHITECTURAL

DESIGNER
TOTAL
HOURS
BY
TASK
TOTAL
FEES

BY TASK
HOURLY RATE $190 $175 $90 $75

PROPOSED HOURS BY TASK
TASK 1: Pre-Design Phase 13 16 0 27 56 $7,295
TASK 2: Schematic Design Phase 65 50 0 95 210 $28,225
TASK 3: Design Development Phase 50 60 60 100 270 $32,900 TASK 4: Construction Document Phase & Plan Check

25 80 80 180 365 $39,450
PROJECT HOURS Subtotals 153 206 140 402 901
PROJECT FEE Subtotals $29,070 $36,050 $12,600 $30,150 $107,870 PROJECT HOURS TOTAL 901
PROJECT FEE TOTAL $107,870
LEE & LEE STRUCTURAL ENGINEERING, INC.

STRUCTURAL

TITLE / SKILL SET STRUCTURAL

ENGINEERS
CIVIL

ENGINEERS
DESIGN

ENGINEERS

DRAFTSMAN
I

DRAFTSMAN
II
HOURLY RATE $200 $150 $120 $100 $80

PROPOSED HOURS BY TASK
TASK 1: Pre-Design Phase 2 ---------- ---------- ---------- ---------- TASK 2: Schematic Design Phase ---------- ---------- ---------- ---------- ---------- TASK 3: Design Development Phase 2 4 ---------- ---------- ---------- TASK 4: Construction Document Phase 8 16 46 40 60
PROJECT HOURS Subtotals 12 20 46 40 60
PROJECT FEE Subtotals $2,400 $3,000 $5,520 $4,000 $4,800 PROJECT HOURS TOTAL 178
PROJECT FEE TOTAL $19,720

COST
MECONE
M.E.P / TITLE 24

TITLE / SKILL SET

PRINCIPAL

MECHANICAL

ENGINEER
TITEL 24 ENERGY

CONSULTANT CLERICAL
HOURLY RATE $175 $125 $50

PROPOSED HOURS BY TASK
TASK 1: Pre-Design Phase 0 0 0
TASK 2: Schematic Design Phase 4 0 1
TASK 3: Design Development Phase 8 16 2
TASK 4: Construction Document Phase 4 8 2
PROJECT HOURS Subtotals 16 24 5
PROJECT FEE Subtotals $2,800 $3,000 $250
PROJECT HOURS TOTAL 45
PROJECT FEE TOTAL $6,050
WHITE + GREEN SPECS

SPECIFICATIONS

TITLE / SKILL SET

PRINCIPAL

SPECIFICATIONS

CONSULTANT
HOURLY RATE $100

PROPOSED HOURS BY TASK
TASK 1: Pre-Design Phase 8
TASK 2: Schematic Design Phase 12
TASK 3: Design Development Phase 32
TASK 4: Construction Document Phase 48
PROJECT HOURS TOTAL 100
*PROJECT FEE TOTAL *$10,000
*ALLOWANCE
*If Additional Services are required by the City
beyond 100 hours, services will be offered at the
hourly rate of $100 per hour.

PROJECT FEE TOTAL
$143,490

PROJECT FEE TOTAL
$143,640

ADDITIONAL SERVICES
Fees provided are for the Scope of Work, as described in the RFP pages 1-4.

Any additional work outside the above described work, will be Additional Work billed at an hourly rate, as shown on the cost matrix.
* These fees assumes the Design Phase will be 3 months and the Permitting Phase will take place over a period of 1 - 2 months.

Additional Services (Available if Requested )
3d Modeling
Interior Design

REIMBURSABLE EXPENSES
Printing fees
Mileage

EXCLUSIONS
LEED Certifcation
Plan Review Fees
Permit Fees
Commissioning
Civil Engineering
Mechanical Engineering (except for Title 24)
Electrical Engineering (except for Title 24)
Plumbing Engineering (except for Title 24)
COST

Professional Services Agreement Page 1

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
YNG ARCHITECTS, INC.

This Professional Services Agreement (“Agreement”)
is made and entered into this 15th 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 YNG Architects Inc., a corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of
Consultant, as an independent contractor, to perform
Architecture Design Services for Detached Accessory
Dwelling Units (ADU) as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully
qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE

COVENANTS, CONDITIONS AND PROMISES

CONTAINED HEREIN AND FOR SUCH OTHER GOOD

AND VALUABLE CONSIDERATION, THE RECEIPT OF

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

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

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those Services as
set forth in the Scope of Services, attached hereto as Exhibit

Professional Services Agreement Page 1
“A” and incorporated herein by this reference, at the time, place, and in the manner specified therein, in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. 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.

Section 3. TERM
This Agreement shall commence as of the date in the
opening paragraph of this Agreement and shall be effective until completion per approved project schedule.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in
consideration of the faithful performance of the consulting services and duties set forth in this Agreement, and
Consultant agrees to accept from the City, as and for
compensation for the faithful performance of said services and duties, an amount not to exceed ONE HUNDRED

FOURTY-THREE THOUSAND SIX HUNDRED FOURTY
DOLLARS AND ZERO CENTS ($143,640.00), in
accordance with the Cost Proposal contained in the Scope of Services.

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

Professional Services Agreement Page 1
are consistent with the terms and conditions of this
Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this
Agreement to:

Luke Rainey, City Manager
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the
City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by the City to be necessary for the proper
completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City
immediately for cause. Either party may terminate this
Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon
termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its
obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents,

Professional Services Agreement Page 1
shall become the property of the City upon payment to
Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request.

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

Section 10. CONSULTANT’S BOOKS AND

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

Professional Services Agreement Page 1
Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be
maintained pursuant to this Agreement shall be made
available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where the City has reason to believe that such
records or documents may be lost or discarded due to
dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and
documents shall be granted to any party authorized by
Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Section 11. INDEPENDENT
CONTRACTOR’S STATUS:

NOT AGENT OF THE CITY
Consultant shall at all times during the term of this
Agreement remain, as to the City, a wholly independent
contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this
Agreement shall be deemed, construed or represented by
the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or
employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any

Professional Services Agreement Page 1
capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND

ACKNOWLEDGMENTS

REGARDING INDEPENDENT
CONTRACTOR’S STATUS OF

CONSULTANT
a. Consultant represents and acknowledges the
following:
(1) The City is not required to provide any
training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described
in this Agreement does not have to be integrated into the daily business operations of the City.
(3) The services described in this
Agreement can be performed without the use of City
equipment, materials, tools or facilities.
(4) Nothing in this Agreement shall be
interpreted to imply that the City must maintain any
contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or
demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement.
(6) Consultant shall not at any time or in
any manner represent that it or any of its officers,
employees, or agents are employees of the City.
b. The City represents and acknowledges the
following:
(1) Consultant is not required to comply
with daily instructions from City staff with respect to when,

Professional Services Agreement Page 1
where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for
determining who, under the supervision or direction of
Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay
any assistants working for Consultant pursuant to this
Agreement.
(4) Nothing in this Agreement shall be
interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant
to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.
(6) Consultant is not required to devote full
time to the business operations of the City in order to perform the services set forth in this Agreement.
(7) Consultant is not required to perform the
services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be
interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the
Services at City-owned property.
(10) Consultant will perform services that are
outside the usual course of the City’s business.

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

Professional Services Agreement Page 1
“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. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates
and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or
income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within
the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental
decisions regarding approval of a
rate, rule, or regulation, the
adoption or enforcement of laws;

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(ii) the issuance, denial, suspension
or revocation of permits, licenses,
applications, certificates,
approvals, orders, or similar
authorization or entitlement;
(iii) authorizing the City to enter into,
modify, or renew a contract;
(iv) granting the City approval to a
contract that requires City
approval and to which the City is
a party, or to the specifications
for such a contract;
(v) granting the City approval to a
plan, design, report, study, or
similar item; or
(vi) adopting, or granting City
approval of, policies, standards,
or guidelines for the City or for
any subdivision thereof.
(2) Does not serve in a staff capacity with
the City and in that capacity participate in making a
governmental decision or otherwise perform the same or
substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially
determines that Consultant must disclose its
financial interests by completing and filing a
Fair Political Practices Commission Form 700,
Statement of Economic Interests, Consultant
shall file the subject Form 700 with the City
Clerk’s Office pursuant to the written
instructions provided by the Office of the City
Clerk.

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

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

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

Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold
harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damage, injuries, and liability,

Professional Services Agreement Page 1
direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any
rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless,
indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim,
demand, action, damage, liability, loss, cost or expense described herein.
c. Notwithstanding the provisions of subsections
a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault.
d. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. INSURANCE REQUIREMENTS

Professional Services Agreement Page 1
a. Policies. Consultant, at Consultant’s sole cost
and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage.

Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each
subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees
employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

This provision shall not apply if Consultant has no
employees performing work under this Agreement.

Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same. (2) General Liability Coverage. Consultant
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. Consultant shall provide insurance on an occurrence, not claims-made basis.

Consultant 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.

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(3) Automobile Liability Coverage.

Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this
Agreement, including coverage for owned, hired and nonowned 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, Consultant shall be permitted to obtain a non-owned automobile endorsement to its
comprehensive general liability insurance providing the same protection and coverage as though Consultant 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. (4) Professional Liability Coverage.

Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or subconsultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified
hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law,
the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or
operations.
(2) This policy shall be considered primary
insurance as respects the City, its elected or appointed

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officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess
insurance only and shall not contribute with it.
(3) This insurance shall act for each insured
and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of
subrogation against the City, its elected or appointed
officials, officers, employees or agents.
(5) Any failure to comply with reporting
provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy
shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured
Retentions. Consultant shall disclose to and
obtain the approval of City for any self-insured
retentions and deductibles before beginning
any of the services or work called for by any
term of this Agreement. During the period
covered by this Agreement, only upon the prior
express written authorization of the City
Manager, Consultant may either reduce or
eliminate such deductibles or self-insured
retentions with respect to City, its officers,
employees, agents, and volunteers. The City
Manager may condition approval of any
reduction or elimination in deductible or selfinsured retention levels with a requirement that Consultant procure a bond, guaranteeing
payment of losses and related investigations,
claim administration, and defense expenses
that is satisfactory in all respects to each of
them.

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d. Certificates of Insurance. , Consultant shall
provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
e. Imposition of Insurance Requirements.

Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance
coverage required herein, at minimum, and name as
additional insureds the parties to this Agreement consistent with Section 18b(1) hereof. Consultant 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.
f. Maintain Coverages. In the event this
Agreement is terminated for any reason prior to the
completion of all obligations and requirements of this
Agreement, Consultant 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.
g. Failure to Obtain Coverages. Consultant
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
performance of Services, to the extent such is permissible under this Agreement, Consultant 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.

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h. Notice of Cancellation or Reduction in
Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially
affected in any other manner, Consultant shall provide
written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

Section 19. 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 addressed to the parties as
follows:

To the City: Luke Rainey, City
Manager
City of Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, CA
92240
Telephone: (760) 329-
6411, ext.250
Email:
[email protected]
To Consultant: Yenny Ng, AIA, Project
Principal
YNG Architects
1524 Brookhollow Drive,
Suite 6
Santa Ana, CA 92705
Telephone: (714) 426-
2920
Email:
[email protected]
b. Notices, payments and other documents shall
be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT

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

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

Professional Services Agreement Page 1
complete the work described in the Scope of
Services that is not finished by Consultant.

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

Section 23. MODIFICATIONS AND

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

Section 24. ASSIGNMENT AND

SUBCONTRACTING
a. The experience, knowledge, capability and
reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be permitted only with the written consent of the City.
b. Consultant shall not subcontract any portion of
the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between

Professional Services Agreement Page 1
the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

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

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

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

Section 28. LITIGATION EXPENSES AND
ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought
for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the

Professional Services Agreement Page 1
prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable
attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an
award thereof.

Section 29. EXECUTION IN

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

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY

EMPLOYMENT
Consultant represents that it is an equal opportunity
employer and shall not discriminate against any
subcontractor, employee, or applicant (“person”) for
employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation.

Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to

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employment, or bar or discharge any such person from
employment or from a training program leading to
employment, or otherwise discriminate against any such
person in compensation or in terms, conditions, or privileges of employment.

Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this
Agreement. This Agreement is made in anticipation of
conditions permitting continuous and orderly progress
through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the consultant does not control.

Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by acts of god, natural disasters, epidemics, pandemics, quarantine restrictions, or adverse weather.

Section 33. PRINCIPAL

REPRESENTATIVES
a. Jean Fares shall be Consultant's Principal
Representative and the person responsible for undertaking, managing and supervising the performance of all of the
services set forth in the Scope of Services for this
Agreement. Consultant's Principal Representative's
experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this
Agreement, and as such, for the purposes of performing the Scope of Services of this Agreement, the duties of
Consultant's Principal Representative shall not be
reassigned, without the express written consent of both parties.
b. The Community Development Director, Daniel
Porras P.E., shall be the Principal Representative of the City for purposes of communicating with Consultant on any
matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S

OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally
liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which

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

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

Section 36. PROTECTION AND

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

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

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

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

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times, of any other rights or remedies for the same default or any other default by the other party.

Section 40. NO THIRD-PARTY

BENEFICIARIES
The parties do not intend the benefits of this
Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL

REGULATIONS
To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity,
Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF

PARTIES AND PERSONS

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

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

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

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Section 45. USE OF RECYCLED

PRODUCTS
Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]

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, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer A. Mizrahi, City Attorney
YNG Architects
_____________________________
Yenny Ng, Principal/CEO/Owner

EXHIBIT "A"

SCOPE OF SERVICES
Proposal attached, summary below;
B. Scope of Work Components
i. Pre-Approved Detached ADU Plans: The consultant
is expected to develop two (2) complete sets of building plans consisting of title sheet, plot plan, foundation plan, floor plan, framing cross section, design details, elevations, truss plan, energy calculations, green code requirements, and engineering calculations, for each of the four (4) ADU types. The ADU types consist of: studio, one-bedroom, twobedroom, and three-bedrooms. The consultant is expected to obtain approvals from the City’s Community Development Department (Building and Safety, Planning Divisions, Fire Department). Desert Hot Springs residents may use these plans for new ADU construction but they will still have to submit a site plan specific to their lot for permitting. Final plans should include:
(1) Ability for roof pitch to be increased or decreased on each of the plan sets to ensure compatibility with the primary dwelling unit;
(2) Foundation plans that are customizable for different soil conditions; and
(3) Building plans that are single story and are a minimum of 150 square feet and a maximum of 1,200 square feet.
(4) An architectural feature to compliment or enhance the existing primary dwelling unit such as a trellis patio, and a minimum of two roof lines. A courtyard can be encouraged if the site allows for it.
ii. Architecture Research: The consultant is expected to research common architectural styles in Desert Hot Springs to assist with developing the ADU design types and features.

The consultant will create an option of architectural design types consistent with existing and current housing
development of Desert Hot Springs:
iii. Design: The consultant shall develop a series of design types that will act as a tool for builders and homeowners to select an architectural design that is most compatible with their primary dwelling unit. The consultant is asked to create a minimum of two (2) ADU design types and no more than
four (4) that can speak for the majority of residential architectural types in Desert Hot Springs. The consultant is

expected to develop a series of design features that can be added to certain properties to ensure compatibility with their unique architectural styles and neighborhood character. iv. Elevations: The consultant shall develop elevations and for each design type and floor plan, with a minimum of two (2) elevations and a maximum of four (4) elevations.

Project Limits: City wide ADU designs
Total Design Contract: $ 143,640
EXHIBIT “B”

INSURANCE REQUIREMENTS- PROFESSIONAL

SERVICES AGREEMENT
Insurance:

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "AVII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following
policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY
insurance which shall be at least as broad as the
most current version of Insurance Services Office
(ISO) Commercial General Liability Coverage Form
CG 00 01 and include insurance for “bodily injury,”
“property damage” and “personal and advertising
injury” with coverage for premises and operations
(including the use of owned and non-owned
equipment), products and completed operations, and
contractual liability (including, without limitation,
indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence for personal and
advertising injury

$2,000,000 aggregate for products and
completed operations
$4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE
LIABILITY insurance which shall be at least as broad
as the most current version of Insurance Service
Office (ISO) Business Auto Coverage Form CA 00 01,
and include coverage for all owned, hired, and
non-owned automobiles or other licensed vehicles
(Code 1 - Any Auto) with limits of liability of not less than $2,000,000 per accident for bodily injury and
property damage.
(iii) WORKERS' COMPENSATION
insurance as required under the California Labor
Code.
(iv) EMPLOYERS’ LIABILITY insurance with
limits of liability of not less than $1,000,000 each
accident, $1,000,000 disease policy limit and
$1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance
in an amount equal to the completed value of the
project with no coinsurance penalty provisions. (Only
required if the project includes new construction
of a building; or renovation of, or addition to, an
existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless
waived in writing by the City Manager or his/her
designee in his/her sole discretion, Contractors
Pollution Liability is required for all environmental
and water remediation work and for all work
transporting fuel. Unless waived in writing by the
City Manager or his/her designee in his/her sole
discretion, Contractors Pollution Liability
insurance is also required for demolition,
renovation, HVAC, plumbing or electrical
(including, without limitation, lighting) work on
any structure built prior to the year 1990) with
limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of
insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involve any lead based, mold or
asbestos environmental hazard, either the Automobile
Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be
transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based
environmental hazard (e.g., lead based paint), the
Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the
Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold
environmental hazard (e.g., mold remediation), the
Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental
hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

Contractor shall be responsible for payment of any
deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be
endorsed to provide that the coverage shall not be
cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been
given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or
reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City,
Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not
less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The
Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form.

The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction)
insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy
shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall
contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents.

If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must
be before the effective date of the Contract or
the commencement of work by Contractor.

(ii) Insurance must be maintained and evidence of
insurance must be provided for at least 5 years
after completion of the work or termination of
the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and
not replaced with another claims-made policy
form with a retroactive date prior to the
effective date of the Contract, or work
commencement date, Contractor must
purchase extended reporting period coverage
for a minimum of 5 years after completion of
the work or termination of the Contract,
whichever first occurs.
(iv) A copy of the claims reporting requirements
must be submitted to City for review.
(v) These requirements shall survive expiration or
termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required
hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk
Manager or his/her designee in his/her sole discretion
prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall
immediately furnish City with a complete copy of any
insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all
payments due or that become due to Contractor shall be
withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period
satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any

way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any
insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, subconsultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance
protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors'
certificates and endorsements shall be on file with
Contractor and City prior to the commencement of any work by the subcontractor.

SR-22-066
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: City Council Regular Meeting Minutes: March 1, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - March 1, 2022

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, March 1, 2022
Council Chambers
CLOSED SESSION - 4:30 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 P.M.

ROLL CALL

Present:

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

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session Items.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case

3. 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

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov Code Sec. 54957(b)
Title: City Manager

City Council
March 1, 2022
PRESENTATIONS - 5:30 P.M.

Acrisure Arena Presentation
Arturo Aviles, Community Engagement Manager, gave a presentation regarding the Acrisure Arena project and the Coachella Valley Firebirds, and responded to questions.

Visit Greater Palm Springs Presentation
Scott White, President/CEO, and Colleen Pace, Chief Sales & Marketing Officer, presented updates regarding tourism economic impacts, cannatourism, marketing results, statistics, and responded to questions.

REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:08 P.M.

ROLL CALL

Present:

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

INVOCATION
Council Member Nuñez introduced Benny Hollman, who gave the Invocation.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Gardner led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

APPROVAL OF AGENDA
ACTION: Approve the March 1, 2022 Regular Meeting agenda and approve the Consent Calendar in its entirety.

Moved by Mayor Matas
Seconded by Mayor Pro Tem Gardner

City Council
March 1, 2022
Carried 5-0 by the following votes:

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

PUBLIC COMMENTS
Evelyn Rojas expressed concerns regarding construction noise.

Marion Champion, Mission Springs Water District, announced that the District would be holding "Water 101" classes.

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

Nicholas Haecker, Public Works Director, provided an update regarding the Police Department Dispatch Center project currently under construction.

Daniel Porras, Assistant City Manager, introduced the new City Engineer, Jilleen Ferris.

MAYOR AND COUNCIL MEMBER REPORTS
Council Member Pye reported on the various meetings and events she attended.

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

Council Member Betts reported on the various meetings and events he attended.

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

PUBLIC HEARINGS:

5. Transition From At-Large to By-District Elections (Public Hearing No. 2) Staff Report - SR-22-042 - Pdf
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.

City Council
March 1, 2022
Jerryl Soriano, City Clerk, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

Lance Weber expressed concerns regarding districting.

Mayor Matas closed the Public Hearing.

A discussion ensued.

ADMINISTRATIVE CALENDAR:

6. 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
Staff Report - SR-22-046 - Pdf
Recommendation:

Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 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.

Christina Newsom, Compliance Manager, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

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

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

7. Mid-Year Budget Adjustments for the 2021-2022 Fiscal Year.

Staff Report - SR-22-045 - Pdf
Recommendation:

Approve mid-year budget adjustments for the 2021-2022 Fiscal Year.

Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

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

City Council
March 1, 2022
AYES: Betts, Nuñez, Pye, Gardner, and Matas

8. Delegation of Investment Authority to the City Treasurer and adopt the Investment Policy for Fiscal Year 2022-2023
Staff Report - SR-22-047 - Pdf
Recommendation:

Adopt a Resolution of the City Council approving delegation of investment authority and other related duties to the City Treasurer, as authorized by the City’s Investment Policy, and approve and adopt the attached Investment Policy for Fiscal Year 2022-2023.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-005.

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

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

9. City Council Regular Meeting Minutes: February 15, 2022 Staff Report - SR-22-043 - Pdf
ACTION: Approved the Minutes as presented.

10. Second Reading and Adoption of An Ordinance Increasing the Salary for Planning Commissioners and Public Safety Commissioners
Staff Report - SR-22-041 - Pdf
ACTION: Adopted Ordinance No. 750: "An Ordinance of the City Council of the City of Desert Hot Springs amending Section 2.32.050 (Salaries of Planning Commissioners) of Chapter 2.32 (Planning Commission) and Section 2.40.050 (Salaries of Police Commissioners) of Chapter 2.40 (Police Commission) of the Desert Hot Springs Municipal Code increasing the salary of City Commissioners."

11. Second Reading and Adoption of An Ordinance Prohibiting the Unlawful Possession of Catalytic Converters in the City of Desert Hot Springs Staff Report - SR-22-040 - Pdf
ACTION: Adopted Ordinance No. 751: "An Ordinance of the City Council of the City of Desert Hot Springs, California, adding Chapter 8.55 "Catalytic Converters" to the Desert Hot Springs Municipal Code establishing regulations prohibiting the unlawful possession of catalytic converters in the City."

12. Contracts Management Report as of February 15, 2022 Staff Report - SR-22-044 - Pdf

City Council
March 1, 2022
ACTION: Received and filed.

ADJOURN
Mayor Matas adjourned the meeting at 7:17 P.M.

Jerryl Soriano, CMC, City Clerk

SR-22-061
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: 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
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.

BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on March 1, 2022.

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

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from March 1, 2022
Exhibit 2 - Shopping Carts Ordinance

SR-22-046
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 1, 2022
Department: Police Department
Prepared by: Christina Newsom, Compliance Manager
Subject: 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 RECOMMENDATION:

Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 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.

BACKGROUND:

Staff is proposing amendments to the Desert Hot Springs Municipal Code (DHSMC) that would address issues concerning shopping cart containment, retrieval and abatement in the city. Shopping carts serve as a convenience to customers while shopping for merchandise. However, carts are being used to transport merchandise and other items to off-site destinations resulting in abandoned carts throughout the City. This issue has become a nuisance resulting in numerous abandoned shopping carts, blight and deterioration, all of which are concerning in the City.

DISCUSSION:

Due to the increase in abandoned carts in the City, Staff has identified that the current municipal code regulations for shopping carts provide too much discretion with respect to the type of containment system a cart owner could utilize to ensure carts are not taken offsite. Additionally, the current regulations are not effective in encouraging owners of shopping carts to actively seek out and retrieve abandoned, off-site shopping carts.

The proposed amendment will require that every cart owner shall implement, operate, and maintain an on-site cart containment plan. The cart owner shall implement the following measures in the on-site cart containment plan:
• The installation and maintenance of electronic or other disabling devices on all carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.

SR-22-046
• Cart owners shall conduct regular maintenance to ensure disabling devices are working properly. If at any time, a cart owner determines the disabling device installed on a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned carts available for use
• Cart owners shall secure and continuously maintain a qualified cart retrieval service to retrieve carts which have been removed from their business premises. The qualified cart retrieval service shall respond to complaints from the public or notifications from the City in a manner which results in the retrieval of carts within 24 hours of receiving the notification. Additionally, qualified cart retrieval services shall actively locate removed carts within a one-mile radius of the business premises at least once per week. The qualified cart retrieval service shall not place any limits on daily loads or days per week to retrieve carts within the City.

Further, the amended ordinance will include a new section, 8.16.065 Prohibited Conduct, that provides that it shall be unlawful to be in possession of a cart that has been removed from a business premises or parking area of a cart owner unless it is in the process of being immediately returned to the owner or business premises.

FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

Exempt as per the Ordinance.

ATTACHMENTS:

Exhibit 1 - Shopping Carts Ordinance

ORDINANCE NO. ___

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
WHEREAS, the City of Desert Hot Springs (“City”) is
a charter city organized pursuant to Article XI of the
California Constitution; and
WHEREAS, California Business and Professions
Code sections 22435 through 22435.13 contains regulations for the identification, removal, impoundment, and retrieval of shopping carts; and
WHEREAS, California law does not invalidate local
ordinances regulating shopping carts or laundry carts,
provided such ordinances do not conflict with California law; and
WHEREAS, currently, Chapter 8.16 of the Desert Hot
Springs Municipal Code supplements State law regulations regarding shopping carts and laundry carts, including
requiring owners to develop a cart containment program and hiring a qualified cart retrieval service; and
WHEREAS, the City Council finds that despite
existing regulations, shopping carts continue to be unlawfully removed from business premises and dumped onto public
and private properties; and
WHEREAS, the City Council finds that the
proliferation of wrecked, dismantled, or abandoned shopping and laundry carts, or parts thereof, on private or public property is a public nuisance; and
WHEREAS, the City Council finds that enhancing
regulations for cart containment and retrieval is in the best interest of the public health, safety and welfare of the residents of the City.

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

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

Section 2. AMENDMENT OF CHAPTER

8.16 (“SHOPPING AND
LAUNDRY CARTS”) OF TITLE 8
(“HEALTH AND SAFETY”) OF

THE DESERT HOT SPRINGS

MUNICIPAL CODE
Chapter 8.16 (“Shopping and Laundry Carts”) of Title
8 (“Health and Safety”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

8.16.010 Purpose.

This chapter is not intended as the exclusive
regulation of shopping carts within the City. Rather, the purpose of this chapter is to supplement any applicable state law, including California Business and Professions Code, Article 1, Chapter 19, of Division 8 (commencing with
Section 22435, as may be amended), by providing special procedures for the abatement as public nuisances of certain shopping and laundry carts.

8.16.020 Definitions.

For purposes of this chapter only, and unless the
context clearly requires a different meaning, the words, terms and phrases set forth in this section are defined as follows:
“Abandoned cart” means any cart that has been
removed from the business premises and which is left
unattended or discarded upon any public or private
property other than the premises regardless of whether
the cart was removed with permission from the owner.

“Business premises” means the interior of a cart
owner’s commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein.
“Cart” means a shopping cart or laundry cart, as
defined herein.
“Cart identification sign” means a sign or engraved
surface which is permanently affixed to a shopping cart containing all of the information specified in Section

8.16.060(C) of this chapter.
“Cart owner” means the owner or operator of a
commercial establishment which provides shopping carts or laundry carts to customers or to the public. for use by its customers for the purpose of transporting goods of
any kind.
“Cart removal warning” means a placard, sign or
painted text which meets the requirements of Section

8.16.060(A) of this chapter.
“Derelict cart” means any shopping or laundry
cart remaining unattended and/or deserted on public or
private property under such circumstances as would
lead a reasonable person to conclude that the cart was
no longer under the control or supervision of its owner or lawful possessor.
“Enforcement agency” means the City
department in which the enforcement officer is
employed.
“Enforcement officer” means any officer or
employee of the City designated with the authority to
enforce the applicable provisions of the Desert Hot
Springs Municipal Code.
“Individual cart identification number” means a
number unique to each cart owned or provided by a cart
owner.
“Laundry cart” means a basket which is mounted on
wheels and used in a coin-operated laundry or dry cleaning establishment by a customer or an attendant of the

establishment for the purpose of transporting fabrics and the supplies necessary to process them.
“Nuisance” cart means any shopping or laundry
cart that constitutes a public nuisance under this
chapter.
“On-site cart containment program” means one
or more of the following measures:

1. Disabling devices on all shopping carts which
prevent them from being removed from the business
premises by locking the wheels or otherwise preventing
the movement of the carts.

2. An on-site security guard to deter customers who
attempt to remove carts from the business premises.

3. Bollards and chains around the business
premises to prevent cart removal, if permitted by the
Fire Marshal.

4. Obtaining a security deposit from customers for
the on-site use of shopping carts.

5. The rental or sale of utility carts that can be
temporarily or permanently used for the transport of
goods.

6. Any other measure approved by the City Manager
or his or her designee as a means to contain carts on
business premises.
“Parking area” means a parking lot or other property
provided by a retailer for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
“Physical containment system” means one of the
following, as approved by the City Manager or his or her designee:

1. Disabling devices on all shopping carts which
prevent them from being removed from the business

premises by locking the wheels or otherwise preventing
the movement of the carts.

2. Any other system of equipment approved by the
City Manager or his or her designee which physically
contains carts on premises.
“Qualified cart retrieval service” means a commercial
service, operated by a third party and paid by a cart owner to retrieve and return shopping carts. The City Manager or his or her designee shall develop minimal service
standards by which a cart retrieval service may be
designated as a qualified cart retrieval service and
maintain a list of all such services.
“Removed cart” means a cart which is removed
from the business premises by any person without the
written permission or consent of the cart owner.
“Shopping cart” means a basket which is mounted on
wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. (Business and Professions Code, Section 22435.10) A shopping cart sold by a commercial establishment to a retail customer for that customer’s personal use is not a shopping cart for the
purposes of this chapter.

8.16.030 Findings—Declaration of nuisance.

The City Council finds and declares as follows:

The presence of wrecked, dismantled, or abandoned
derelict shopping and laundry carts, or parts thereof, on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, interfere with pedestrian and vehicular traffic, to constitute an attractive nuisance creating a hazard to the health and safety of
minors, to create a harborage for rodents and insects, and to be injurious to health, safety and general welfare. The presence of wrecked, dismantled, or abandoned derelict
shopping or laundry carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is

declared a public nuisance which may be abated as such in accordance with the provision of this chapter.

8.16.040 When chapter not applicable.

This chapter shall not apply to:

A. A shopping or laundry cart, or parts thereof,
which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
B. A shopping or laundry cart, or parts thereof,
which is stored in a lawful manner on private property in connection with the business of and licensed retail consumer goods vendor when such storage or parking is necessary to the operation of a lawfully conducted business or
commercial enterprise; or
C. A shopping or laundry cart, or parts thereof,
which is stored in a lawful manner on private property in connection with the business of a licensed dismantler or junk dealer when such storage is necessary to the operation of a lawfully conducted business or commercial enterprise.

8.16.050 Administration and enforcement authority.

Except as otherwise provided herein, the provisions
of this chapter shall be administered and enforced by the City Manager or his or her designee. In the enforcement of this chapter, the City Manager or his or her designee, may enter upon private or public property, in a manner consistent with the United States and California Constitutions, to examine a shopping or laundry cart, or parts thereof, or obtain information as to the identity of a shopping or
laundry cart and to remove, or cause the removal of, a
shopping or laundry cart, or parts thereof, which is
declared to be a nuisance pursuant to this chapter.

8.16.060 Identification of carts—Notice.

A. Every cart owner shall post and maintain cart
removal warnings which meet all of the following minimum specifications: