Desert Hot Springs City Council
July 5, 2022

Over the long-term, sewer and treatment expansion is guided by the Wastewater System Comprehensive Master Plan. To provide for the type and scale of development planned in the City, substantial expansion of wastewater facilities will be necessary.

General Plan infrastructure goals and policies emphasize consultation and coordination with service providers to ensure that regional collection and treatment facilities have sufficient capacity to meet future wastewater treatment needs. The infrastructure goals and policies also emphasize a continuation of capital improvements planning to fund and prioritize infrastructure projects.

6. Environmental Constraints
The sites inventory analysis responds to land use designations and densities established in the General Plan Land Use Element. Thus, any large-scale environmental constraints that would lower the potential yield (e.g., habitat conservation, flooding or steep slopes) have already been accounted for in the General Plan Land Use Map and policies and the Program Environmental Impact Report.

Parts of the City lie within the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP), which identifies the most valuable resource protection areas in and around the City and establishes a permanent habitat reserve and perpetual land management program while accommodating adjacent urban development and recreational uses.

To account for any type of conservation activity, any parcel in the sites inventory that is within the CVMSHCP area has a reduced capacity. Any additional constraints that would occur on a more detailed site review basis would be addressed as part of the individual project review process.

The City’s capacity to meet the 2021-2029 RHNA is not constrained by any environmental conditions.

7. Local Early Action Planning (LEAP) Grant Funding to Remove Governmental Constraints
With Local Early Action Planning (LEAP) grant funding, the City will update its municipal code to revise zoning and development standards to accelerate housing production.On October 14, 2021 the City issued an RFP for an update of the Zoning Ordinance. The selection of a consultant is scheduled for December 16, 2021. The selected consultant will ensure that scope of work at a minimum will include the following:
 Review and identify Goals, Objectives, and Implementation strategies to ensure the two documents, new Zoning Ordinance and General Plan Update, will be consistent and complementary of each other.
 A thorough review of the existing Zoning Ordinance and eliminate contradictions Item Number: 8.

and provide a reader friendly Zoning Ordinance;
 In cooperation with City staff, assess the advantages, shortcomings, and gaps to the existing Zoning Ordinance to assist in clarifying needed areas of updating.

A key objective of the update is to contain specific criteria for as many commonly identified land uses as possible to eliminate or minimize the need for discretionary review, thereby reducing the time associated with processing development applications where discretionary approval is needed.

8. General Plan/Zoning Designations
a. Residential Zones
The City adopted a new General Plan on May 26, 2020. The General Plan sets forth policies that guide new development, including new residential development and includes strategies for increasing residential development. The Plan includes increased residential densities within key developed districts, including areas adjacent to commercial centers, transit, downtown, and major corridors.

Table D-2 summarizes the General Plan land use designations within the City that allow residential uses, as well as their permitted densities (without density bonus). The table also identifies the consistent zones that were adopted concurrently.

Table D-1
City of Desert Hot Springs
General Plan Land Use Designations and Zones
Residential Land Use Designation
Maximum Densities
(dwelling units per acre) Zones
Residential Designations
Residential Rural Desert (R-RD) 1 du/5 ac Residential Rural Desert Residential Low (R-L) 6 du/ac Residential Low
Residential Medium (R-M) 20 du/ac Residential Medium
Residential High (R-H) 30 du/ac Residential High
Residential Specific Plan (R-SP) varies Residential Specific Plan Mixed-Use Designations
Mixed-Use Neighborhood (MU-N) 15 du/ac Mixed-Use Neighborhood Mixed-Use Corridor (MU-C) 30 du/ac Mixed-Use Corridor
Source: City of Desert Hot Springs General Plan Land Use Element and Zoning Ordinance, 2020. b. Specific Plans

1. Highland Falls
Item Number: 8.

Highland Falls is a sub-area of the Rancho Royale Specific Plan. The Specific Plan providesfor the development of 2,145 single family housing units.

2. Skyborne Specific Plan
Skyborne is a community of traditional single family neighborhoods with proposed and optional active adult residential villages. Standard single family residential lots of varying sizes range from 5,500 to 19,000 square feet. Active adult (55+) neighborhoods include smaller lots ranging in size from 3,400 to 4,500 square feet.

The Specific Plan provides for the development of 1,786 single-family homes.

3. Sunset Ridge Specific Plan
The Specific Plan provides for the development of 499 single family housing units.

4. Two Bunch Palms Specific Plan
The approved Specific Plan includes five residential neighborhoods ranging in size from 33 housing units to 260 housing units. Four neighborhoods provide for single family homes to be developed at densities of 4.0 to 4.6 dwelling units per acre. The Specific Plan provides for the development of 588 single family homes.

5. Tuscan Hills Specific Plan
The Specific Plan provides for the development of 340 single family housing units at very low and low densities.

9. Development Standards
a. Residential Zones and Mixed-Use Zones
Desert Hot Springs regulates the type, location, density, and scale of residential development to protect and promote the health, safety, and general welfare of residents, as well as implement General Plan policies. The Zoning Ordinance establishes restrictions on setbacks, lot coverage, building height, parking, and minimum unit size.

Corresponding zones for the General Plan designations were adopted concurrent with the Housing Element.

Table D-2
City of Desert Hot SpringsDevelopment Standards
Standard R-RD R-L R-M R-H MU-N MU-C
Max. Density: Unit/Gross Acre 1/5 ac 6 20 30 15 30
Item Number: 8.

Lot Width (Min. feet) Flag Lot 600 70 (5) 45 45 100 100 Cul-de-sacs 30 25 25 25 --- ---
--- 30 25 25 --- ---
Min. Lot Depth (Min. feet) 1,200 75 90 90 --- ---
Front Setback (Min. feet) 100 20 20 5 10 5
Rear Setback (Min. feet) 100 25 20 15 10-15 10-15
Side Yard Setback (Min. feet) 100 5 10 0 5-10 0-10
Street Side Setback 100 10 10 15 10 5
Bldg. Lot Coverage (Max. %) 5% 60% 65% 70% 60% 70%
Min. Private Open Space (s.f.) --- --- 200 s.f 100 s.f. --- 300 s.f Min. Common Open Space (s.f.) --- --- 25% 20% 30% 30%
Maximum Height in Stories/Feet 2/30 2/30 2-4/30-55 2-4/30-55 3/45 4/60 Source: City of Desert Hot Springs Zoning Ordinance, 2020 1Maximum Lot Coverage for mixed Use zones apply only to stand-alone residential The development of 30 dwelling units per acre in the R-H Zone is realistic given the minimal setback requirements, the maximum lot coverage of 70%, and the maximum building height limit of four stories.
b. Parking Standards for Residential, Mixed Use Development and Special Needs Housing
City parking standards for residential developments are tailored to vehicle ownership patterns associated with different residential uses. While these standards may affect development costs, they are considered necessary to assure certain quality standards for multifamily housing. The Zoning Ordinance allows for reduced parking standards for senior citizen apartments/congregate care housing; see Table D-4. The requirements for this housing type may be adjusted on an individual project basis, subject to a parking study based on project location and proximityto services for senior citizens including, but not limited to; medical offices, shopping areas, and bus stops.

As part of a comprehensive development code update, the City will evaluate, and modify if necessary, parking standards to ensure that they do not constrain the development of housing, specifically senior housing and multi-family housing.

Table D-3
City of Desert Hot Springs
Parking Requirements in Residential Zones
Residential Type Off-Street Parking Standards
Planned residential developments, including singlefamily dwellings and condominiums 2 covered spaces within an
enclosed garage and 1
uncovered off-street guest
parking space for every 5 units
Multi-Family Units:

Item Number: 8.

Studio and 1-bedroom

1.5 covered spaces and 1
uncovered guest space for
every 5 units
2-bedrooms
2 covered spaces and 1
uncovered guest space for
every 5 units
3-bedrooms

2.5 covered spaces and 1
uncovered guest space for
every 5 units
Mixed-Use Developments
The total number of parking spaces shall comply with the requirements of Chapter

17.48. A mixed-use project may be required to submit a parking study for review and approval by theCity to allow a different requirement through a conditional use permit.

Special Needs Housing
Senior Housing
1 covered space for each
unit,
plus 1 uncovered space for 5
units for guest parking
Senior Congregate Care 0.75 covered space for each
unit
Residential Day Care 2 spaces in addition to those
required for primary residence
c. Parking for Emergency Shelters
Government Code 65583(a)(4)(A)(ii) requires that emergency shelters provide “Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.”
The City Attorney has prepared an ordinance amending Land Use Table 17.08.01 to require that emergency shelters shall have sufficient parking to accommodate staff. The second reading of the Ordinance was approved by the City Council on October 19, 2021.

10. Development Permit and Findings
A Development Permit (DP) functions like a site development permit in other cities and applies to all new construction, including the models for single family tract development and multifamily projects, and would be the only permit other than building permits required by the City. A DP is required to ensure that new development is carried out in accordance with the Zoning Ordinance, the goals and objectives of the General Plan, and any other adopted plans and guidelines. Unlike a Conditional Use Permit (which is not required for multifamily projects in the City), the DP is a review for consistency with Zoning standards and requirements. The following findings are required for approval of a Development Permit:

Item Number: 8.

1. That the proposed use is permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance, including prescribed development standards and design guidelines;

2. That the subject site is physically suitable for the type and intensity of the land use being proposed;

3. That the proposed development would be compatible with existing and future developments within the land use district and general area;

4. That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety;

5. That there is adequate public access and roadway capacity to serve the subject proposal;

6. That there are no significant harmful effects upon environmental quality and natural resources;

7. That any negative impacts of the proposed use can and shall be mitigated;

8. That the proposed use is consistent with the General Plan; and

9. That the proposed location, size, design, and operational characteristics of the planned use are not detrimental to the public interest, health, safety, convenience, or welfare of the City.

The findings are generally limited to objective standards and consistency with the General Plan, Zoning and the requirements of the California Environmental Quality Act (CEQA). However, findings 3 and 9 can be considered subjective and could pose a constraint to the development of housing during the planning period. In order to remove this constraint, Program 3.1 requires that findings 3 and 9 be removed from the Zoning Ordinance as part of the comprehensive update currently being undertaken by the City.

11. Government Code Section 65940.1
Government Code Section 65940.1 requires cities with an internet website to make available on their websites a variety of housing development information such as, but not limited to; fees/exactions, zoning, design, development standards, annual fee reports; and impact fee nexus studies.

This information is found on the webpages of City departments. For example:
 Building Division: forms, building permit application, fee schedule Item Number: 8.

 Planning Division: forms, applications, General Plan, Zoning Map, fee schedule  Finance Department: User Fee Study April 2020, Development Impact Fee Study – Citylimits, Development Impact Fee Study – Sphere of Influence, fee schedule  City Clerk: Municipal Code – Zoning Ordinance
The Community Development Department will complete a full assessment of what, if any actions are necessary to meet the requirements of Government Code Section 65940.

12. Program 7: Zoning Ordinance Update
This Program is included in the 5th Cycle and 6th Cycle Housing Elements.

The City will undertake an update of the Zoning Ordinance to achieve consistency with the General Plan, encourage affordable and special needs housing, and conform to state law. The City received Local Early Action Planning (LEAP) funds to complete the Zoning Ordinance Update.

Program 7 will be completed through the LEAP grant.

13. Program 8: Mixed-Use Development
As part of a comprehensive General Plan update in 2019, the City will adopt two new mixed-use designations to encourage infill development at the City’s core that is compact and walkable, offers a mix of uses, and creates a sense of place. The City will also amend the Zoning Ordinance to include development standards and permitted uses for the mixed-use designations.

The City established several mixed-use zones:

1. MU-N (Mixed-Use Neighborhood). The district is intended to provide local- and neighborhood-supporting mixed-use activity centers with maximum residential densities of 15 dwelling units per acre and/or nonresidential intensity with a maximum floor area ratio (FAR) of 1.0. Commercial retail uses are the primary uses allowed on the ground floor. Professional office and residential uses are also allowed, either integrated with a commercial use or as separate, free-standing use.

2. MU-C (Mixed-Use Corridor). The district is intended to provide higher-intensity, commercially oriented activity with maximum residential densities of 30 dwelling Item Number: 8.

units per acre and/or maximum nonresidential intensities of 1.50 FAR. Residential development is allowed, either as part of a mixed-use project or as a freestanding use and are encouraged to be developed at the highest allowable density.

3. VS-M (Visitor-Serving Mixed). This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. Also allowed are detached and attached residential uses at a maximum density of 20 dwelling units per acre. Either commercial or residential development is allowed, but not concurrently on the same property.

Multifamily, supportive and transitional housing are uses permitted by right in the three mixed use zones. These new zones can accommodate housing for special needs populations such as large households and persons experiencing homelessness.

Mixed use development in these zones will bring jobs and services closer to homes and potentially benefit people with limited mobility such as the elderly and persons with disabilities. The MU-N zone with neighborhood-supporting mixed-use activity centers can especially benefit female headed households by providing amenities closer to homes and reducing transportation costs.

Item Number: 8.

SR-22-187
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2022
Department: City Manager
Prepared by: Doria Wilms, Deputy City Manager
Subject: Greater Coachella Valley Chamber of Commerce Agreement RECOMMENDATION:

Authorize the City Manager to negotiate and execute an agreement with the Greater Coachella Valley Chamber of Commerce for a period of (1) year with an option to extend for (1) one additional (1) one year term in an amount not to exceed $40,263.00 annually.

BACKGROUND:

The Greater Coachella Valley Chamber of Commerce (GCVCC) has been active and working with the Business Community in Desert Hot Springs for the past several years without an agreement in place with the City of Desert Hot Springs. The Greater Coachella Valley Chamber of Commerce wishes to partner with the City, as a private business support organization to provide professional services to the city and our business community.

DISCUSSION:

If approved, the Greater Coachella Valley Chamber of Commerce and City of Desert Hot Springs would mutually collaborate on the production of business and community-oriented events in the City of Desert Hot Springs. This includes but is not limited to event management, economic development, business support services, advertising, and public relations for the City of Desert Hot Springs and chamber program sponsorship. Additionally, the City of Desert Hot Springs would agree to sponsor a variety of GCVCC Special Events throughout the year. A listing of events and services are provided below.

Event Services
Annual State of the City Event
The GCVCC has historically produced the Annual State of the City event for the City of Desert Hot Springs. Under this agreement, the City's custom sponsorship of the Annual State of the City event includes registration for two tables of eight guests at the event and includes; • Event planning, coordination, and day of event production including milestone meetings • Vendor coordination and management
• Graphic design & invitation design (does not include printed invitations) • Standard marketing efforts though the Chamber network • Invitation & registration management
Item Number: 9.

SR-22-187
• Breakfast or luncheon event
• Business awards
• Basic stage design (podium, microphone, flag display & foliage) The Annual Chamber Invitation Gold Tournament
• If approved, the City would commit to at least one foursome in the Chamber's annual golf tournament in advance, as such the Chamber offers a special rate for its commitment in advance.

GCVCC Special Event Sponsorships
If approved, the City of Desert Hot Springs would commit to sponsoring at least three (3) GCVCC special events per below:

The GCVCC Annual Award Show & Installation Dinner I $700 • The City agrees to sponsor by purchasing a table of eight (8) at the event.

The Annual All Valley Mayor’s Event I $623
• The City agrees to sponsor by purchasing a table of eight (8) at the event.

Special Event Attendance I $690
• The city commits to a minimum of two registrations for a State of the City events for Coachella, Cathedral City, Indian Wells, Indio, and La Quinta.)
Economic Development Initiatives/Business Engagement
Workforce & Business Development
• If approved, the GCVCC will regularly engage local businesses communities to assess state of the business and gather insight for resource development. • The Chamber will regularly visit businesses within the city on a minimum bi-monthly basis via walk in “connection” calls. The nature of these calls will be to check in on the welfare of each business, advise business managers and owners of local resources and contacts and to gather insight about issues affecting their businesses. Such information will be shared with City staff on a regular basis, as it’s collected.
• The GCVCC will host a regular GCV Educate series hosted by the GCVCC (whether in-person or virtually) providing valuable information to businesses on how to improve their business and/or professional development. The Chamber will make registration fees for events marketable to the City’s business community.
• The GCVCC will further any existing tools the City of Desert Hot Springs has to assist entrepreneurs and locals with how to do business in the city and to navigate business development opportunities.

Business Resource Development
• GCVCC can create digital infographics to promote business in the City, Relocation Packets, and a landing page dedicated to business.
• The Chamber will provide custom, co-branded email news to share with its business community (email list) on a regular basis. The custom, co-branded email will contain information, resources, and access to business education resources and materials. • The Chamber will provide general resources and support with Workforce Development, Economic Development, and Industry Development by convening industry roundtables; hosting meetings and events that convene city leadership, industry leaders and the business community.

Item Number: 9.

SR-22-187
FISCAL IMPACT:

An additional $40,263.00 appropriation will need to be added to the FY2022/23 Budget in the Economic Development Department in the General Fund.

If the one year extension option is chosen, $40,263.00 will need to be appropriated in the General Fund for the FY2023/24 Budget.

ATTACHMENTS:

Exhibit 1 - GCVCC Scope of Work and Agreement
Exhibit 2 - GCVCC Presentation
Item Number: 9.

CONTRACT EXHIBIT
Scope of Services
The City of Desert Hot Springs agrees to contract Greater Coachella Valley Chamber of Commerce for a variety of services including but not limited to event management, economic development, business support services, advertising and PR for the City of Desert Hot Springs, and chamber program sponsorship. The agreement acknowledges the City of Desert Hot Springs as a premier City partner. The Chamber agrees to act in good faith with the City on all products and services listed herein. The GCVCC willm aek every effort to deliver the services contained in this Agreement. In some cases, unforeseen acts of nature may make it difficult or impossible to deliver the exact product. In these cases, the GCVCC will work ith the City to find an alternative if one is feasible.

The Chamber will assume liability for all GCVCC controlled events and services listed herein. In instances where events have multiple controlling agencies, liability for events should be shared appropriately. The Chamber will not carry financial liability for events or services they do not control or for which they are not the primary coordinating entity. In the event that a service is unfilled due to unforeseeable circumstances, the City may re-appropriate the funds towards another service.

Events
Objectives:

The Greater Coachella Valley Chamber of Commerce and City of Desert Hot Springs agree to mutually collaborate on the production of business and community oriented events in the City of Desert Hot Springs. Additionally, the City of Desert Hot Springs agrees to sponsor a variety of GCVCC Special Events through the year.

The Chamber will assume liability for all GCVCC controlled events and services listed herein. In instances where events have multiple controlling agencies, liability for events should be shared appropriately. The Chamber will not carry financial liability for events or services they do not control or for which they are not the primary coordinating entity. In the event that a service is unfilled due to unforeseeable circumstances, the City may re-appropriate the funds towards another service.

Event Services:

Annual State of the City Event | $7,500
The Greater Coachella Valley Chamber of Commerce has historically produced an Annual State of the City event with sponsorship from the City of Desert Hot Springs. As the format, costs, festivity and production of special events continues to evolve, the Chamber aims to offer the City of Desert Hot Springs a basic event package with upgrade opportunities to enhance the event’s design.

The City of Desert Hot Springs’ custom sponsorship of the Annual State of the City event includes registration for two tables of eight guests at the event. Additional seats or tables to be made available to the City of Desert Hot Springs at the rate of cost.

The City of Desert Hot Springs is responsible for meeting the following milestones. Failure to meet these milestone deadlines may affect sales, marketing, and overall event outcomes. The City of Desert Hot Springs shall generate calendar dates for milestone meetings with the Chamber 6 months, 3 months, 2 months, and 1 month from the event to help ensure milestones are met.

Milestones Objective
4-6 months prior to event
Identifying the Event Design Scheme or Theme (e.g. - colors, themes)
4-6 months prior to event Determining the format of the event (e.g. - moderated panel, Item Number: 9.

keynote speaker, etc. )
4-6 months prior to event Determining a loose framework for the events actual timeline 3 months prior to event Selecting a venue from what the Chamber has proposed 13-14 weeks prior to event Proof Period for Marketing Materials and Graphic Design Elements The City of Desert Hot Springs’ State of the City event package includes:
● Event Planning, Coordination, & Day of Event Production ● Vendor coordination & management
● Graphic Design & Invitation Design (does not include printed invitations) ● Standard marketing efforts through the Chamber network ● Invitation & Registration Management
● Breakfast or Luncheon event
● Business Awards
● Basic Stage Design (podium, microphone, flag display, & foliage) The base package does not include printed invitations or programs. Standard marketing efforts through the Chambers network is limited to e-blasts, calendar invitations, web listings, and social media sharing. The City of Desert Hot Springs is responsible for co-marketing the event through its database of businesses licensed in the City of Desert Hot Springs and its greater business network. The City’s promotion of the event shall include reference of GCVCC as the primary event host. The base package accounts for a morning or midday event featuring a breakfast or lunch component. It does not include dinner events or upgraded menus above market price banquet menus ($50 per plate). Stage design is limited to a podium, microphone, flag display, and foliage.

The base package may be further customized with additions or upgrades to the City’s liking. Upgrades, additions or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued. Such upgrades, additions and/or enhancements may include (but are not limited to): AV enhancements, outdoor event packages, upgraded dining menus, advertising enhancements.

The Annual Chamber Invitational Golf Tournament | $750
The City of Desert Hot Springs commits to at least one (1) foursome in the Chamber’s annual golf tournament, in advance; as such the Chamber offers a special rate for its commitment in advance. Should the City of Desert Hot Springs choose to increase the number of players it registers, it may do so at list rates.

GCVCC Special Event Sponsorships
*The City of Desert Hot Springs commits to sponsoring at least three (3) GCVCC special events (per below); in turn, the Chamber agrees to offer the City of Desert Hot Springs a 30% discount off of list sponsorship rates for all of its list event sponsorships. The City of Desert Hot Springs is responsible for advising the Chamber of any additional events it would like to sponsor in advance. The 30% discount off of list sponsorship rates will apply, so long as the City of Desert Hot Springs maintains its commitment to sponsoring at least three events in total. The Chamber will provide the City of Desert Hot Springs with commensurate PR and marketing for its sponsorships.

The GCVCC Annual Award Show & Installation Dinner | $700* The City of Desert Hot Springs agrees to being a sponsor of the 2022 GCVCC Annual Award Show and Installation Dinner. This entitles the City of Desert Hot Springs to a table of eight (8) at the event. Should the City of Desert Hot Springs not fulfill its obligation to sponsoring at least three GCVCC special events, this sponsorship will be billed at list rate.

The Annual All Valley Mayor’s Event | $623*
The City of Desert Hot Springs agrees to being a table sponsor of the 2022 Annual All Valley Mayor’s Event. This entitles the City of Desert Hot Springs to a table of eight (8) at the event.

Item Number: 9.

Special Event Attendance | $690
The City of Desert Hot Springs commits to a minimum of two registrations to the following Special Events: City of Coachella State of the City, City of Cathedral City State of the City, City of Indian Wells State of the City, City of Indio State of the City, City of La Quinta State of the City. The Chamber, in turn, offers a special rate for the City’s pre-registration. Additional seats may be purchased at list rates.

Economic Development Initiatives | Business Engagement
Objective: Plan, coordinate, and foster regular and ongoing business engagement with the local business community through site visits, "connection" calls, business surveying, resource guides, and strategic communications. The activities and functions of the Chamber’s Membership Department can be deployed through the City of Desert Hot Springs as an extension of the City’s Economic Development interests. The Chamber will embark on information gathering and data sharing with the City of Desert Hot Springs to serve their common interest in preserving, fostering, and growing the City’s economic development.

Workforce & Business Development | $18,000
The GCVCC (by way of its daily mission) regularly engages the local business community’s to assess the state of business in our respective communities and to gather insights for resource development to serve our business communities. The City of Desert Hot Springs can enlist the Chamber’s activities to include its business community. The Chamber will regularly visit businesses within the City of Desert Hot Springs business community on a minimum bi-monthly basis via walk in “connection” calls. The nature of these visits will be to check in on the welfare of each business, advise business managers and owners of local resources and contacts, and to gather insights about issues affecting their businesses. Such information will be shared with City staff on a regular basis, as it’s collected. The City of Desert Hot Springs agrees to use such information as a reference only. The City of Desert Hot Springs agrees to use the information gathered by the Chamber to constructively improve the ease of doing business in the City of Desert Hot Springs. The Chamber will invite City staff and council members to participate from time to time.

The GCVCC will host a regular GCV Educates series (whether in person or virtually) providing valuable information to businesses on how to improve their business and/or professional development. The Chamber will make registration for these events marketable to the Desert Hot Springs Business Community. The City of Desert Hot Springs will be provided with email and social media marketing collateral to share with its business community. The City of Desert Hot Springs agrees to forward and promote the GCV Educates events to its business database.

The GCVCC will further any existing tools the City of Desert Hot Springs has to assist entrepreneurs and locals with how to do business in the City of Desert Hot Springs, and to navigate business development opportunities.

Business Resource Development | $12,000
The GCVCC can create digital infographics to promote business in the City of Desert Hot Springs, Relocation Packets, and the Chamber can provide a landing page dedicated to business in the City of Desert Hot Springs.

The creation of these resources is dependent on the information provided by the City of Desert Hot Springs. The GCVCC Staff and City Staff will outline three key infographics to create, the milestone dates for creating such materials, and its distribution plan. Infographics will be co-branded.

Additionally, The Chamber will provide the City of Desert Hot Springs with custom, co-branded email news to share with its business community (email list) on a regular basis. The custom, co-branded email will contain information, resources, and access to business education resources and materials; as well as to other general resources to support business and professional development.

The Chamber will also provide general resources and support with Workforce Development, Economic Development and Industry Development by convening Industry roundtables; hosting meetings and events that convene City leadership, Industry leaders, and the business community.

Item Number: 9.

Contract Rates
$10,263.00 Events & Sponsorships
$18,000.00 Business Support Services
$12,000.00 Business Resource Development
$40,263.00 Total
Item Number: 9.

& The Chamber
DHS
FY 2022 / 2023
Collaboration Plan

Item Number: 9.

Expectations & Objectives
Meeting 1
Discussion: What we want &
What we want to avoid
Identify conceptual & specific
changes
Open Discussion
Finalize & Refine
Meeting 3
Formalize language
Formalize terms
Establish check in dates for the
new fiscal year
Introduce KPI's, Deliverables Schedule, & Rates
Meeting 2
Outline a collaborative calendar
for milestone due dates
Identify KPI's of shared interest
Rates for the new fiscal year

Item Number: 9.

The Greater Coachella Valley Chamber of Commerce is a non-profit mutual benefit corporation that exists to convene people, resources, ideas and opportunities to bring about best outcomes for the local economy and business environment; and to contribute to a City's quality of life infrastructure.

The Chamber is a tool and resource that the City of DHS can leverage to act as an extension of itself, to engage with the local business community, to foster its development, and to equip its local workforce and businesses with resources and opportunity.

When partnered effectively, the Chamber can multiply the efforts of the City's staff and incrementally assist with achieving milestone objectives. The Chamber is more than a producer of publications & events. It's a catalyst for progressing the business environment.

Collaboration

THE POWER OF

COMPOUNDING

Item Number: 9.

Position the Chamber to be an extension of City staff.

Multiply the productivity of City staff through
collaborative efforts, not duplication or mis-alignment.

Identify deliverables and objectives with clear action
plans for achievement.

Identify milestone deadlines for both parties in event
planning and production.

Use new tools to help amplify city messaging to local & tourism audiences.

Leverage the Chamber's mission and purpose to impact
the City's business community, future businesses, and
tourism identity.

Incubate industry development (e.g - cannabis &
tourism)
Contribute to Workforce Development in a manner that
creates connection to resources and develops talent
pipelines for living & working locally.

An objective without a
plan is a dream
Contract
Objectives

Item Number: 9.

Identify more specific deliverables and tasks designed
to offload City Staff.

Allocate resources for new program development,
infrastructure improvement (e.g. websites & designs),
and investment into programs that serve niche
business markets (e.g. - minority, industry, etc)
Enhance the City of DHS's brand identity and persona
through strategic outreach to residents, professionals, and tourists.

Return results that give value to the City of DHS, the
local business community, and working professionals.
(Part 2)
Contract
Objectives

Item Number: 9.
01 Business Support Center
Scope of Services:

Facilitate an annual familiarization training for Chamber staff. Chamber staff to become familiar with the functional roles of City Departments so we can more effectively refer, direct, and liaison inquiries with the right City contacts.

Introduce a business hotline in English and in Spanish to support the business community.

Support updates to Chamber materials and resources to include Spanish business resources and education.

Support Industry Roundtable meetings hosted at the Chamber for local industry and business development. This includes the convening of CBO's for improved coordination and deployment of services through the City of DHS.

Invest in a Shop Local initiative that is a year round effort. This should include branding, messaging, content, and promotion.

Provide business-centric communications and resources for the local business community (beyond chamber members) that are branded in the name of DHS.
02 03
04 FY 2022 / 2023

SERVICE ORIENTED FOCUS
Our Opportunities
05 06

Item Number: 9.

A Convener
Of People, resources, ideas,
and opportunities.

A Solution
for City Governments who
need agents for connection
with their local communities.

And for businesses as they
grow.

An Ombudsman
The Chamber is an
approachable, non-government
agent for business, with an
understanding of government.

An Advocate
The area's largest advocacy
group monitoring legislation,
getting involved, and being
present in the State &
Federal capital.

A Champion
For businesses, for
prosperity, for progress, for
innovation.

A Treasure Chest
Of information, resources,
people, and support services
Insightful
We are a data collector,
assessor, and partner who
can offer value to Cities
based on knowledge-base
stemming from our work with
local business
A Tool & Resource
The Chamber is constantly
evolving its resources and
educational pathways to
serve the business
community.

A Leader
The Chamber embodies
leadership through strategy,
vision, work effort, and
collaboration.

A Catalyst
For innovation, action,
advocacy, development, and
improvement.

Where We Are
GCVCC and the City of DHS have an opportunity to produce, promote, collaborate, and effect development in the City of DHS. The relationship can be built on economic development, business support services, and workforce development with further future opportunities.

Where We Can Go
The Chamber is a multi-faceted organization with utility and value to benefit the City of DHS. The Chamber can become an extension of the working hands to evolve and grow DHS.

TThhee CChhaammbbeer Is r Is Page 320 of 490 Item Number: 9.

The Chamber's core mission and
purpose is to impact the business
community (and economic
environment) through interaction
with its business community. We
have a missed opportunity in Indio.

Business
Engagement

OUTREACH

SURVEYING

SITE VISITS
The Chamber staff can be
trained as a
knowledggeable extension
of City staff. And work can
be patterened together so
that our efforts give the
City optimal insights,
results, and exponential
gains. We want to be your
best partner.

Partnership

AN EXTENSION OF YOU

YOUR MOST KNOWLEDGEABLE

PARTNER

OMBUDSMAN FOR THE BUSINESS

COMMUNITY
Marketing strategy and investment is
a requirement in today's business
and digital environments.

Strategic
Marketing

DIGITAL STRATEGY

STRATEGIC EVENT ADVERTISING

LOCAL BUSINESS MARKETING
The purpose and utility of a Chamber
is one that can be leveraged by the
City's Economic Development
department. Investment into the
chamber returns results for the city
as measured in data, impact, PR, and
exposure.

Business & Workforce
Development

WORKFORCE

BUSINESS SUPPORT

LOCAL CHAMBER

RESOURCE

Item Number: 9.

Business
SUpport Services
GCVCC will produce an Annual State of the City Address for the City of Desert Hot Springs. The City's commitment to sponsorship for a base level package begins at $7,500.00. Upgrades and enhancements are available but will be billed accordingly.

Economic
Development
Workforce
Development
Events
Resource / Tools
Development
Programs &
Events
The Chamber will produce a toolkit of business resource information to help business owners, aspiring entrepreneurs, and local workforce navigate through local opportunities to connect, grow, and evolve professionally. This includes relocation packets. These can be further customized for DHS City Branding. $12,000.00
The Chamber will establish itself as a "Destination" (without a permanent, physical location) for business support services in the City of DHS. This will be achieved through hosting regular meetings and events in DHS as well as deploying GCVCC staff and amassadors to local businesses via City Walks. $18,000.00 GCVCC will contribute to DHS's economic development through regular meetings with City Staff and other collaborative partners to further efforts to incubate industry, attract new business.

GCVCC will contribute to DHS's workforce development through regular meetings with City Staff and other collaborative partners to further efforts to develop talent pipelines.

A baseline of programs and events are included in the Business Support Services, though more evolved, specific, or more frequent programming and event planning can be arranged. Billing as accrued.

Item Number: 9.

SR-22-185
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 30, 2022
Department: City Manager
Prepared by: Doria Wilms, Deputy City Manager
Subject: An Ordinance Amending Chapter 5.44 of the Desert Hot Springs Municipal Code Regarding Short Term Vacation Rentals
RECOMMENDATION:
1) Introduce and read by title only “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 5.44 of the Desert Hot Springs Municipal Code regarding Short Term Vacation Rentals;
2) Authorize the City Manager to negotiate and execute an Agreement with ISECURUM INC. for a period of (2) years with an option to extend for an additional (2) year term for afterhours enforcement from 7:00 PM – 4:00 AM on Thursday, Friday, Saturday and Sunday of each week in an amount not to exceed $118,456.00 annually; and
3) Provide Staff direction on whether to bring back options for limiting STVR’s in the City of Desert Hot Springs.

BACKGROUND:

Earlier this year, Councilmembers Gary Gardner and Russell Betts proposed a future agenda item to discuss details on the management and enforcement of short-term vacation rentals (STVR’s).

Councilmembers Gardner and Betts met with Staff and reviewed current STVR procedures, considered major areas of concern, researched solutions and formed recommendations, which were brought forward to the City Council on May 17, 2022.

During this meeting the City Council discussed the details on management and enforcement of ShortTerm Vacation Rentals, focusing in on (4) major areas of concern. (1) STVR Owner Compliance, (2) Noise Issues, (3) STVR Management and (4) City and Resident Impacts. Following the review of current Short Term Vacation Rental (STVR) procedures and considering major areas of concern the City Council directed staff to amend the existing STVR Ordinance to mitigate negative impacts on surrounding neighborhoods and to ensure the City accounts for STVRs and their applicable transient occupancy tax.

Additionally, staff was requested to provide additional data to the City Council so they could determine whether they should consider placing limits on the number of STVR’s in the City of Desert Hot Springs.

DISCUSSION:

Item Number: 10.

SR-22-185
Currently, there are 242 identified STVR’s operating in the City of Desert Hot Springs. This figure has been confirmed via (2) separate STVR compliance software firms. Of these 242 properties, 118 are identified as being licensed to operate a Short-Term Vacation Rental in the city.

For comparison, the City of La Quinta has 1163 STVR’s, the City of Palm Springs has 1821 STVR’s, and the City of Indio has 1500 STVR’s.

Currently, the City of Desert Hot Springs’ license fee for STVR’s is $225.00, which is significantly lower than the cost of facilitating a comprehensive vacation rental program. Below is a calculation of a proposed short-term vacation rental license fee of $1,241.81, which is based off of a proposed 275 active STVR’s in the City and contemplates the fully burdened costs from the City’s cost allocation plan completed in 2020, estimated hours provided by staff for the facilitation of regulating STVR’s in the City, Item Number: 10.

SR-22-185
the cost of utilizing Deckard Technologies RentalScape software to assist staff with managing compliance and the cost of the security firm, ISECURUM, which would provide afterhours enforcement of 2 Officers from 7:00 PM – 4:00 AM on Thursday, Friday, Saturday and Sunday of each week. This amount would provide nearly 100% cost recovery of operating a vacation rental program in our City.

Based on the direction from the City Council during the May 17, 2022, City Council meeting, staff is proposing the following amendments to Chapter 5.44 of the Desert Hot Springs Municipal Code regarding Short Term Vacation Rentals as follows to address the major areas of concern that were discussed:

5.44.040 Agency
• An owner shall retain an agent or representative to comply with the requirements of this chapter if the owner resides or has their principal place of business thirty-five driving miles or more from the subject property.
• The owner’s agent or representative must have a separate business license. • The previous “Registration certificate” requirement has been changed to a City Permit. • The vacation rental permit shall be non-transferable.

5.44.060 Denial of a Vacation Rental Permit
· An owner or agent shall be denied a Vacation Rental Permit if a property owner for a single property has been found in violation of:
• Two (2) noise complaints resulting in an administrative citation for the same property. • Two (2) violations of occupancy limits resulting in an administrative citation for the same property; or
Item Number: 10.

SR-22-185
• Three (3) complaints, including but not limited to noise complaints, occupancy complaints, trash complaints, parking complaints, etc. resulting in an administrative citation for the same property.
• The owner has failed to pay the appropriate amount of the Transient Occupancy Tax for any property at any time during its ownership.
• The owner has an active code compliance matter.
• An applicant has had a prior Vacation Rental Permit for the same or any other unit revoked within the previous 12 calendar months.

5.44.080 Operational requirements and standard conditions • Prior to the issuance of a vacation rental permit the City will conduct a pre-inspection of the property to ensure compliance with requirements and conditions. • Prior to the renewal of a vacation rental permit the City will conduct a pre-inspection of the property to ensure compliance with requirements and conditions. • No outdoor music, radios, musical instruments, or other devices that produce or reproduce sound are allowed to be used outdoor at any time.
• No use of outdoor amenities and/or outdoor games or any outdoor activities that create noise between the hours of 10 p.m. and 8 a.m.
• The owner or agent shall install trash bins for the proper removal of trash. Such bins shall be set out no earlier than 7:00pm on the day prior to trash collection day and shall be retrieved and hidden from public view no later than 7:00pm of trash collection day. The owner or agent must be available to take out the trash.
• Noise monitoring systems must be installed and shall alert the owner/agent of any loud noises which are more than 70 decibels. In addition, the owner or agent shall contact the responsible person immediately and provide a warning or take action to terminate the occupancy. • In the event the City receives a complaint related to noise, trash, or other violation of this chapter, owner or agent shall contact the responsible person immediately and provide the individual with a warning or take action to terminate the occupancy. In addition, the Owner or agents must respond physically to the property within thirty (30) minutes of notice of the complaint.
• The owner or agent shall comply with all of the following in any and all advertising media of the vacation rental unit:
o Maximum occupancy.
o Requirements for compliance with the City’s noise and outdoor activity standards and regulations.
o Maximum number of cars allowed.
o A statement that the short-term vacation rental occupants shall respect the neighbor’s privacy and peaceful enjoyment of their land.
o The applicable rate of the City’s transient occupancy tax. o A photo of the front of the short-term vacation rental. o The Business License number must be clearly and prominently displayed in the first line of the property description and in the following format “City of Desert Hot Springs Vacation Rental Permit Number.”
o The owner must include in the rental or use agreement that two (2) noise complaints shall result in an immediate eviction of the occupants.

Item Number: 10.

SR-22-185

5.44.081 Occupancy limits
Table 5.44.081
Number of
Bedrooms
Total of Overnight
Occupants
Additional Daytime
Occupants
Total Daytime
Occupants
0-Studio 2 2 4
1 4 2 6
2 64 34 98
3 86 4 1210
4 108 54 1512
5 or more 1210 64 1814
* Overnight (10:01 p.m. – 6:59 a.m.)
**Daytime (7:00 a.m. – 10:00 p.m.)

5.44.110 Violations and penalties
• General violations (Occupancy/Noise/Parking).
• First violation: one thousand dollars ($1,000.00).
• Second violation: two thousand dollars ($2,000.00).
• Third violation: three thousand dollars ($3,000.00).
• Operating a STVR Without a Valid Short-Term Vacation Rental Permit. • Five thousand dollars ($5,000.00).
• In addition to the fine set forth above, the first violation of operating a STVR without a valid short-term vacation rental permit shall be cause for an owner to be prohibited for all time from being eligible to be issued a short-term vacation rental permit and/or business license for use of a property as a short-term vacation rental unit. • Immediate Summary Suspension of Vacation Rental Permit. • Two (2) noise complaints resulting in an administrative citation for the same property shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection. • Two (2) violations of occupancy limits resulting in an administrative citation for the same property shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection.
• Three (3) complaints, including but not limited to noise complaints, occupancy complaints, trash complaints, etc. resulting in an administrative citation for the same shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection. • For summary suspension of Vacation Rental Permit, the City shall prepare and serve the Notice of Suspension.
• Notice to Request a Hearing. Within 10 days of the date of issuance of the summary suspension, the Owner or Agent may request a hearing before the City Manager or his/her designee as Hearing Officer.
• If the Owner or Agent does not request a hearing on the summary suspension, the suspension shall be for a period of six (6) months, and the owner or agent shall be deemed to have waived his/her rights to a hearing.

Item Number: 10.

SR-22-185
• If the Owner or Agent does request a hearing, the procedural requirements, as well as the substantive requirements in Subsection D (Revocation of Vacation Rental Permits) below shall be followed and/or applied.

5.44.110.D Revocation of Vacation Rental Permit
• Duty to prepare and serve notice of action recommendation. • Contents of notice of action recommendation.
• Service of notice of action recommendation.
• City Manager, or his/her designee, as Administrative Hearing Officer. • Duties of the City Manager, or his/her designee, as Hearing Officer. • Limitations on authority of City Manager, or his/her designee, as Hearing Officer. • Scheduling of administrative hearing—Notice of administrative hearing. • Service of hearing notice.
• Admissibility of evidence at hearing.
• Rights of parties at hearing.
• Duty to prepare and serve notice of decision—Final decision.

Enforcement
To ensure that the proposed regulations are enforced appropriately, Staff recommends the following procedural changes concerning enforcement, staffing and measures.

If the proposed amendments are approved the City of Desert Hot Springs will immediately retain contract services for overnight and weekend enforcement of Short-Term Vacation Rentals. This contractor will work in tandem with the Police Department and Code Compliance Division to strengthen compliance of STVRs.

Staff is proposing that the City Council authorize the City Manager to execute an agreement with ISECURUM INC. for a period of (2) years with an option to extend for an additional (2) year term for afterhours enforcement from 7:00 PM – 4:00 AM on Thursday, Friday, Saturday, and Sunday of each week in an amount not to exceed $118,456.00 annually.

The Code Compliance Division will respond to Hotline Complaints Monday- Sunday from 7:00 am to 6:00 pm. Moreover, the Code Compliance Division will have dedicated staff to oversee the following:
• Conduct pre-inspections for new STVRs and renewal applications • Open code compliance cases and issue notices of violations and citations as necessary. • Initiate enforcement actions against non-compliant STVRs. • Prepare notices of action recommendation, suspension notices, administrative hearing briefs, and prepare mailings.
• Attend suspension and revocation hearings.

Our afterhours contract services staff will respond to Hotline Complaints Thursday, Friday, Saturday and Sunday from 7:00 pm – 4:00 am. Moreover, they will have dedicated staff to oversee the following:
• Respond to hotline complaints.
• Issue administrative citations as necessary.
• Provide a report to Code Compliance Manager after each shift. • Testify at hearings as necessary.

Increased Staffing
Item Number: 10.

SR-22-185
Implementation of pre-inspections and annual inspections for all STVRs and the enforcement of more robust regulations will require an increase in Code Compliance staff in addition to a contractor for after hour and weekend enforcement. To provide the appropriate City enforcement response and to ensure that violations are reported and addressed, Staff recommends the following staff increases, which were contemplated in the proposed fees for STVR Licensing increases:

Code Compliance Division
Requires two new positions
o One Code Compliance Officer dedicated to STVR inspections and enforcement actions. o One Code Compliance Technician dedicated to STVR enforcement.

Short Term Vacation Rental Limits
During the May 17, 2022 City Council Meeting the City Council requested data on STVRs in the City to determine whether they should consider placing limits on the number of STVRs.

Staff is requesting the City Council provide direction on whether or not they would like Staff to bring back options for limiting the number of STVR’s in the City. Examples of options may include placing a cap on the number of STVR's citywide, adding distance requirements between STVRs or defining neighborhoods and placing a density requirement.

FISCAL IMPACT:

There will be an increase in costs in the amount of $118,456 annually for the ISecurum INC. contract, which would be covered by the proposed increase in the Short Term Vacation Rental License Fee.

Enforcement of the new ordinance will require increased staffing of a new Code Enforcement Officer position and Code Enforcement Technician position with an estimated annual cost of both positions of $209,244. 92% of these costs would be covered by the increase in the Short Term Vacation Rental License fee.

The additional staffing and contract service costs will be included in the FY22-23 Budget Adjustments.

These additional costs will be offset by the proposed increase in the Short Term Vacation Rental License fee and any potential increases in Transient Occupancy Tax revenue.

ATTACHMENTS:

Exhibit 1 - Ordinance Amending Short Term Rentals
Exhibit 2 - ISECURUM INC Proposal
Exhibit 3 - STVR Maps
Item Number: 10.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DESERT HOT SPRINGS AMENDING CHAPTER 5.44

OF THE DESERT HOT SPRINGS MUNICIPAL CODE
REGARDING SHORT TERM VACATION RENTALS.

WHEREAS, the City of Desert Hot Springs (“City”) is
a charter city organized pursuant to Article XI of the
California Constitution; and
WHEREAS, the City currently regulations Short Term
Vacation Rentals in Chapter 5.44 of the City’s Municipal Code; and
WHEREAS, the City deems it necessary to both
clarify and add regulations to same to mitigate any negative secondary effects of Short Term Vacation Rentals; and
WHEREAS, this proposed Ordinance is best for the
public health, safety and welfare to ensure compliance with the General Plan Amendment.

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.

5.44.010 Purpose.

The City Council of the City of Desert Hot Springs finds and declares as follows:

A. The use of privately owned residential dwelling
units for the purpose of vacation rentals provides a
community benefit by expanding the number and type of
lodging facilities available in the City, and assists owners of dwelling units used as vacation rentals by providing revenue, which may be used for maintenance upgrades and deferred costs.

Item Number: 10.

B. The purpose of this chapter is to establish
regulations for the use of residential property as vacation rentals thereby enabling the City to preserve and protect the public health, safety, and welfare, by minimizing complaints involving excessive noise, disorderly conduct, vandalism, overcrowding, traffic, congestion, illegal vehicle parking and accumulation of refuse.

C. The transitory nature of occupants of vacation
rental units makes continued enforcement against the
occupants difficult. The provisions of this chapter are therefore necessary to prevent the continued burden on city services and impacts on residential neighborhoods posed by vacation home rentals.

D. The establishment of a regulatory program for
vacation rentals will provide an administrative procedure to preserve existing visitor-serving opportunities and increase and enhance public access to areas of the City and other visitor destinations.

E. This chapter is not intended to regulate hotels,
motels, inns, time-share units, or non-vacation type rental arrangements including, but not limited to, lodging houses, rooming houses, convalescent homes, rest homes, halfway homes, or rehabilitative homes.

5.44.020 Definitions.

For purposes of this chapter, the following words and
phrases shall have the meaning respectively ascribed to them by this section, unless the context clearly indicates or requires a different meaning:
“Applicant” means the owner of the vacation rental unit, or the agent of the owner.
“City Manager” means the City Manager of the City of
Desert Hot Springs or designee.
“Emergency contact person” means the person
designated by the owner or agent or representative of the owner, who is available 24 hours per day, seven days per week for the purpose of responding to complaints regarding the condition, repair, operation or conduct of occupants of the vacation rental unit, and who has access and authority to assume management of the unit and take remedial
measures.
“Good neighbor brochure” means a document prepared
by the City that summarizes the general rules of conduct, consideration, and respect, including without limitation provisions of the Desert Hot Springs Municipal Code and Item Number: 10.

other applicable laws, rules or regulations pertaining to the use and occupancy of vacation rental units.
“Owner” means the owner of record as shown on the
last equalized assessment roll of the County of Riverside or as otherwise may be known to the City. If there is more than one owner, the term includes all of the owners. For purposes of providing notice to an owner as required under this
chapter, “owner” includes the actual owner of record, or such owner’s agent, employee or other legal representative if such agent, employee or representative is authorized by the owner to receive such notice.
“Property” means a parcel on which a vacation rental
unit is located.
“Responsible person” means an occupant of a vacation
rental unit who is at least 18 years of age and who shall be legally responsible for the compliance by all occupants of the unit and their guests with all provisions of this chapter and this code. The responsible person shall be the transient, for purposes of imposing and enforcing the provisions of the City’s transient occupancy tax under Chapter 3.20 of this code.
“Transient” shall have the same meaning as set forth in Chapter 3.20 of this code.
“Vacation Rental Permit registration certificate” means an annual permit registration certificate awarded by the City to the owner or agent pursuant to this chapter.
“Vacation rental unit” or “unit” means a privately owned residential dwelling, including either a single-family detached or multiple-family attached unit, apartment house,
condominium, cooperative apartment, duplex, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of thirty consecutive days or less, other than ongoing month-to-month tenancy granted to the same renter for the same unit, or occupancy on a time-share basis. A vacation rental unit does not include a unit that is rented only occasionally (infrequently) and incidentally to the normal occupancy by the owner or the owner’s family. The terms occasionally and infrequently shall mean ten nights or less (either cumulatively or for a
continuous period) in a single calendar year.

5.44.030 Vacation rental Permit registration certificate — Required.

A. No owner or agent of a vacation rental unit shall
rent any unit for a period of 30 consecutive days or less without a valid Vacation Rental Permit registration certificate Item Number: 10.

for each vacation rental unit pursuant to this chapter. No owner or agent of a vacation rental unit shall be permitted to obtain a Vacation Rental Permit registration certificate without first obtaining a business license pursuant to Chapter

5.04. B. A Vacation Rental Permit shall contain the
following information: (1) the address of the vacation rental unit; (2) the name of the owner, agent, and emergency
contact person, and a telephone number at which the
emergency contact person may be reached on a 24-hour
basis; (3) the expiration date of the Vacation Rental Permit; and (4) such other information as may be necessary to carry out the provisions of this chapter.

5.44.040 Agency.

An owner shall may retain an agent or a representative
to comply with the requirements of this chapter, including, without limitation, the filing of a complete vacation rental registration application, the management of the vacation rental unit or units, and compliance with the requirements of this chapter if the owner resides or has his/her principal place of business thirty-five (35) driving miles or more distance of the subject property.. Notwithstanding any
agency relationship between an owner and an agent, the
owner of the vacation rental unit shall remain responsible for compliance with all provisions of this chapter and the City’s municipal code. Failure of an agent to comply with this chapter and/or the municipal code shall be deemed
noncompliance by the owner. Any agent of the owner shall be listed on the Vacation Rental Permit. The owner’s agent or representative also must also have a separate
business license.

5.44.050 Vacation Rental Permit registration certificate requirements.

A. Prior to use of a property as a vacation rental unit, the applicant shall submit an application for a Vacation Rental Permit to use the property as a vacation rental unit.

The application shall be available at the City Clerk’s office and shall be renewed on an annual basis. Each application shall contain the following information:

1. The name, address, email address and telephone
number of the owner of the vacation rental unit for which the Vacation rental Permit registration certificate is to be issued.

2. The name, address, email address and telephone
number of the agent, if any, of the owner of the unit.

Item Number: 10.

3. The name, address, email address and 24-hour
telephone number of the emergency contact person.

4. The address of the residential property proposed
to be used as a vacation rental unit.

5. The number of bedrooms and the overnight and
daytime occupancy limit of the unit, as set forth in Table

5.44.081.

6. The proposed rental rates for the unit, and when
applicable, the owner’s prior year revenue for the unit.

7. Evidence of a valid business license issued by the
City for the separate business of operating a vacation rental unit, or submission of a certificate that owner is exempt or otherwise not covered by the provisions in Section 5.04.020 of the City’s municipal code.

8. Evidence of a valid transient occupancy
registration certificate issued by the City for the vacation rental unit, pursuant to the provisions of Chapter 3.20 of the City’s municipal code.

9. Acknowledgement of receipt and inspection of a
copy of all regulations pertaining to the operation of a vacation rental unit, including the Good Neighbor Brochure.

10. Acknowledgement/attestation that the unit meets
all applicable building and safety code requirements.

11. Such other information as the City Manager or
designee deems reasonably necessary to administer this
chapter.

B. An application for a Vacation rental Permit
registration certificate, annual renewal, and amendment shall each be accompanied by a fee established by resolution of the City Council, provided, however, that no fee shall be greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter.

C. Within ten business days of submittal of an
application that contains all of the requirements of
subsections A and B, the City’s Business License Clerk shall issue the Vacation Rental Permit to the applicant.

D. Within 90 days of the effective date of the
ordinance codified in this chapter, an application for a Vacation Rental Permit registration certificate shall be filed with the City’s Business License Clerk for property used as a vacation rental unit at the time of the effective date of the ordinance codified in this chapter or during the year
immediately preceding the effective date of the ordinance codified in this chapter.

E. The City’s Business License Clerk shall provide a
copy of the Vacation Rental Permit to the City’s Police and Item Number: 10.

Code Enforcement Departments within seven days of
issuance.

F. The application for a Vacation rental Permit
registration certificate shall be accompanied by proof of general liability insurance in the amount of $1,000,000.00 combined single limit and an executed agreement to
indemnify, defend and hold the City harmless from any and all claims and liability of any kind whatsoever resulting from or arising from the operation of a City permitted vacation rental. (Ord. 533 5-1-12)
G. The Vacation Rental Permit shall be nontransferable.

5.44.060 Denial of a Vacation Rental Permit, appeal and fee.

A. An owner or agent shall be denied a Vacation
rental Permit registration certificate if:

1. a certificate for any unit that was issued to the same owner or agent has been revoked pursuant to Section

5.44.050, within 12 months of submitting the new
application;

2. A property owner for a single property has been
found in violation of
a. Two (2) noise complaints resulting in an
administrative citation for the same
property shall.
b. Two (2) violations of occupancy limits
resulting in an administrative citation for
the same property; or.
c. Three (3) complaints, including but not
limited to noise complaints, occupancy
complaints, trash complaints, etc. resulting
in an administrative citation for the same
property.

3. The owner has failed to pay the appropriate
amount of the Transient Occupancy Tax for any
property at any time during its ownership;

4. The owner has an active code compliance matter.

5. An applicant has had a prior Vacation Rental
Permit for the same or any other unit revoked
within the previous 12 calendar months.

Item Number: 10.

The denial of a Vacation Rental Permit registration
certificate may be appealed in accordance with the
provisions of Section 4.24.210, et seq., of the City’s
municipal code, in the same manner as provided for
citations and notices of violations.

B. A filing fee as established by City Council
resolution or any amendments thereto for an appeal of a denial of a Vacation Rental Permit shall be paid to the City at or prior to the time of the filing of such appeal. Provided, however, that no fee shall be greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter. Any appeal of the denial of a Vacation Rental Permit filed without payment of the filing fee shall be deemed incomplete.

5.44.070 Amendments to the Vacation Rental Permit.

A. Within 14 days of a change in property ownership
or agency, or other material fact set forth in the annual registration, the owner or agent shall submit to the City an application for a new Vacation Rental Permit. The owner or agent shall also submit the required registration fee and comply with the City’s business license requirements.

B. Any change in the emergency contact person, or
the individual’s telephone number or address shall be
furnished to the City within seven days, and the Vacation Rental Permit and all certificates and permits required by this chapter shall be updated within 14 days.

5.44.080 Operational requirements and standard conditions.

A. The owner and agent shall ensure that the
vacation rental unit complies with all applicable Federal, State and local laws, rules and regulations regarding fire, building and safety, health and safety, and all other relevant laws.

B. For new Vacation Rental Permits owner and/or
agent shall allow the City to conduct an inspection prior to issuance of Vacation Rental Permit of the property to ensure compliance with this chapter.

C. For renewed permits, the owner and/or agent
shall allow the City to conduct an inspection prior to
issuance of the renewal of a Vacation Rental Permit of
the property to ensure compliance with this chapter, no early than 60 days prior to the expiration of the Vacation Rental Permit.

Item Number: 10.

D. No outdoor music, radios, musical instruments
or other devices that produce or reproduce sound are
allowed to be used outdoor at any time.

E. No. use of outdoor amenities and/or outdoor
games or any outdoor activities that create noise
between the hours of 10 p.m. and 8 a.m.

F. The owner and agent shall limit occupancy of the
vacation rental unit to a specific number of occupants, as set forth in Table 5.44.081, unless a special event license has been issued by the City in accordance with the provisions of Section 5.44.080(M).

Table 5.44.081
Number of
Bedrooms
Total of Overnight
Occupants
Additional Daytime
Occupants
Total Daytime
Occupants
0-Studio 2 2 4
1 4 2 6
2 64 34 98
3 86 4 1210
4 108 54 1512
5 or more 1210 64 1814
* Overnight (10:01 p.m. – 6:59 a.m.)
**Daytime (7:00 a.m. – 10:00 p.m.)
G. The owner and agent shall limit the number of
vehicles of overnight occupants at an amount not to exceed the number of designated on-site parking spaces.

H. The owner shall cause to be installed proper
trash bins for the proper removal of trash. Such bins
shall be set out no earlier than 7:00pm on the day prior to trash collection day, and shall be retrieved and hid from public view no later than 7:00pm of trash collection day. The owner or agent must be available to take out
the trash.

I. During the term that each vacation rental unit is
rented, the emergency contact person and responsible
person shall be available 24 hours per day, seven days per week for the purpose of responding to complaints made to the City regarding the condition, operation, or conduct of occupants of the vacation rental unit.

J. The owner and agent shall ensure that the
occupants and guests of the vacation rental unit do not create unreasonable noise or disturbances, engage in
Item Number: 10.

disorderly conduct, or violate provisions of the municipal code, or State or Federal law, rule or regulation.

K. Prior to every use of the unit as a vacation rental
unit, the owner or the owner’s agent shall: (1) obtain from the responsible person, the individual’s name, address,
telephone number, and a copy of a valid government
identification of the responsible person, license plate number, the state in which the vehicle is registered, and year, make and model of all vehicles used by all occupants of the unit, and any other information requested by the City manager; (2) provide a copy of the Good Neighbor Brochure to the responsible person; and (3) require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance of all occupants and guests with all provisions of this chapter and the City’s municipal code. This signed acknowledgment information
shall be readily available upon request of any officer of the City responsible for the enforcement of this chapter.

L. Noise Monitoring System. Notwithstanding the
regulations in Chapter 8.12, Owners must cause to be
installed a noise monitoring system, which shall alert
the owner/manager of any loud noises which are more
than 70 decibels. Upon notification that any occupant or guest of the vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the municipal code or any State law, the owner, agent or emergency contact person shall contact the responsible person immediately within one hour and
provide the individual with a warning, or take action to terminate the occupancy.

M. Complaints. Notwithstanding the regulations in
Chapter 8.12, in the event the City receives a complaint related to noise, trash, or other violation of this chapter, owner, agent or emergency contact person shall contact
the responsible person immediately and provide the
individual with a warning, or take action to terminate the occupancy. In addition, the Owner or agents must
respond physically to the property within thirty (30)
minutes of notice of the complaint. owner, agent or
emergency contact person determines that the conduct of the occupant or resident presents a public safety issue, the owner, agent or emergency contact person, shall contact the City’s Police Department. In the event the owner, agent or Item Number: 10.

emergency contact person, within a 48-hour period, receives more than three complaints that constitute a violation of the City’s noise control ordinance, as set forth in Chapter 8.12, or which are considered a public nuisance pursuant to the provisions of Chapter 4.16, or are considered a violation of the municipal code, or the City’s Police Department has determined that a public safety hazard exists, the owner, agent or emergency contact person shall terminate the
occupancy immediately. Failure of the owner, agent or
responsible person to respond to calls or complaints
regarding the condition, operation, or conduct of occupants of the vacation rental unit in accordance with the provisions set forth in this chapter, shall be grounds for imposition of penalties as set forth in this chapter.

N. Prior to rental of a vacation rental unit, the owner of the vacation rental unit, or agent, shall post a framed copy of the Vacation Rental Permit registration certificate and the following, in a conspicuous place within the unit:

1. The maximum number of overnight occupants and
the maximum number of daytime occupants permitted to
stay in the unit;

2. The trash pick-up day and applicable rules and
regulations pertaining to leaving or storing trash or refuse on the exterior of the property;

3. Notification that the amplification of music outside of the dwelling unit is a violation of this chapter;

4. Notification that the occupant shall comply with the City’s parking, driveway and loading standards, and the number of vehicles that are permitted for the unit;

5. Notification that the occupant may be cited or fined by the City and that the owner, or owner’s agent, may
immediately terminate the occupancy for creating a
disturbance or for violating other provisions of the City’s municipal code;

6. Notification that failure to conform to the
occupancy requirements of the vacation rental unit is a violation of this chapter.

O. The use of a vacation rental unit shall not violate
any applicable conditions, covenants, or other restrictions on real property.

P. The owner and agent shall comply with all
provisions of Chapter 3.20 of the municipal code concerning transient occupancy taxes. The monthly return required by Item Number: 10.

Chapter 3.20 shall be filed each month regardless of
whether the unit was rented during that month.

Q. A copy of the Vacation Rental Permit shall be
mailed or delivered to all property owners shown on the last equalized county assessment roll and all occupants of each dwelling unit within 300 feet of the vacation rental unit. Such information shall be provided at least annually or within 14 days of any change of information as required pursuant to this chapter.

R. The owner or agent shall comply with all of the
following in any and all advertisement in any and all
advertising media of the vacation rental unit:

1. Maximum occupancy

2. Requirements for compliance with the
City’s noise and outdoor activity
standards and regulations

3. Maximum number of cars allowed

4. A statement that the short-term
vacation rental occupants shall
respect the neighbor’s privacy and
peaceful enjoyment of their land

5. The applicable rate of the City’s
transient occupancy tax

6. A photo of the front of the short-term
vacation rental

7. The Business License number must
be clearly and prominently displayed
in the first line of the property
description and in the following format
“City of Desert Hot Springs Vacation
Rental Permit Number”
S. The owner must include in the rental or use
agreement that two (2) noise complaints shall result in an immediate eviction of the occupants.

L. Before any event or gathering that involves groups
that exceed the maximum number of occupants allowed
during the daytime may take place at a property, either the owner or the owner’s authorized agent or representative shall apply, on behalf of the responsible person and/or occupants, for a special event license pursuant to the
provisions set forth in this code, at least 30 days prior to any such gathering or event, unless otherwise authorized by the City Manager or designee. A special use license application Item Number: 10.

for a vacation rental event or gathering shall be
accompanied by an application fee established by resolution of the City Council.

T. The City Manager shall have the authority to
impose additional standard conditions, applicable to all vacation rental units, as necessary, to achieve the objectives of this chapter. A list of all such additional standard conditions shall be maintained and on file in the office of the City Clerk.

5.44.090 Complaints.

Any person may report unreasonable noise,
disturbances, disorderly conduct or violations of the
municipal code at a rental unit, to the City’s Code
Compliance Enforcement Department or Police
Department.

5.44.100 Audit.

Each owner, agent and/or emergency contact person
shall provide access to each vacation rental unit and any records related to its use and occupancy to the City Manager at any time during normal business hours, for the purpose of inspection and/or audit to determine that the objectives and conditions of this chapter are being fulfilled.

5.44.110 Violations and penalties.

A. Any person who uses, or allows the use of,
residential property in violation of the provisions in this chapter may be issued an citation pursuant to Sections

4.32.010 and 5.04.250 and the administrative citation
provisions of Chapter 4.24 of the municipal code.

B. Notwithstanding the fines in Chapter 4.24, the
following fines shall apply for violations of this Chapter:

1.General violations (Occupancy/Noise/Parking).
a. First violation: one thousand dollars
($1,000.00);
b. Second violation: two thousand dollars
($2,000.00);
c. Third violation: three thousand dollars
($3,000.00).

2.Operating a STVR Without a Valid Short-Term
Vacation Rental Permit.

Item Number: 10.

a. Five thousand dollars ($5,000.00);
b. The City shall collect past Transient
Occupancy Tax for a period in accordance
with state law.

C. Immediate Summary Suspension of Vacation Rental
Permit.

1. Two (2) noise complaints resulting in an
administrative citation for the same property shall
result in an immediate summary suspension of the
Vacation Rental Permit for a period of six (6) months,
subject to any hearing requested pursuant to this
subsection.

2. Two (2) violations of occupancy limits
resulting in an administrative citation for the same
property shall result in an immediate summary
suspension of the Vacation Rental Permit for a period
of six (6) months, subject to any hearing requested
pursuant to this subsection.

3. Three (3) complaints, including but not limited
to noise complaints, occupancy complaints, trash
complaints, etc. resulting in an administrative citation for the same shall result in an immediate summary
suspension of the Vacation Rental Permit for a period
of six (6) months, subject to any hearing requested
pursuant to this subsection.

4. For summary suspension of Vacation Rental
Permit, the City shall
a. Prepare and serve the Notice of Suspension.

The notice shall substantially include all of the following information:
i. The name of the Vacation Rental Permit
holder;
ii. The street address or definite location
where the violation(s) occurred;
iii. The code section(s) violated;
iv. A description of the conditions or actions
which warrant suspension, modification or revocation of the Vacation Rental Permit;
v. The action proposed (i.e., summary
suspension)
vi. Instructions to request a hearing, which must be
made within ten (10) days of the date of issuance of the summary suspension.

5. Notice to Request a Hearing. Within 10 days
of the date of issuance of the summary suspension, the
Item Number: 10.

Owner or Agent may request a hearing before the City
Manager or his/her designee as Hearing Officer on
same. The request must be in writing and must be
address to:

City Manager
11999 Palm Drive
Desert Hot Springs, CA 92440

6. If the Owner or Agent does not request a hearing on
the summary suspension, the suspension shall be for a
period of six (6) months, and the owner or agent shall
be deemed to have waived his/her rights to a hearing.

7. If the Owner or Agent does request a hearing, the
procedural requirements, as well as the substantive
requirements in Subsection D below shall be followed
and/or applied.

D. Revocation of Vacation Rental Permit

1. Duty to prepare and serve notice of action
recommendation.

Upon reaching the determination that a specific
violation of this Chapter warrants modification or
revocation of the Vacation Rental Permit, the City shall prepare and serve a written notice of action
recommendation upon the subject permit or license
holder.

2. Contents of notice of action recommendation.

The notice of action recommendation should
substantially include all of the following information:
a. The name of the Vacation Rental Permit holder;
b. The street address or definite location where
the violation(s) occurred;
c. The code section(s) violated;
d. A description of the conditions or actions
which warrant modification or revocation of the
Vacation Rental Permit;
e. The action proposed (i.e., modification or
revocation of the Vacation Rental Permit);
f. If applicable, a description of any prior action
taken by the City to gain compliance with the code with regards to the subject violation(s);
g. A description of the procedures involved in
taking the proposed action, including the license or
Item Number: 10.

permit holder’s right to attend the hearing on the
proposed action; and
h. The name, title and telephone number of the
official making the recommendation.

3. Service of notice of action recommendation.

The Code Compliance Officer shall cause a copy of
the notice of action recommendation to be provided to
the Vacation Rental Permit holder by causing a copy of
the notice of action recommendation to be delivered to
the Vacation Rental Permit holder personally or by
causing a copy to be delivered to the Vacation Rental
Permit holder by certified mail, postage prepaid, return receipt requested, and addressed to Vacation Rental
Permit holder at the address shown on the permit or
license.

4. Proof of service of notice of action recommendation.

Proof of service of the notice of action
recommendation shall be certified at the time of service by a written declaration under penalty of perjury
executed by the persons effecting service, declaring the date and manner in which service was made. The
declaration shall be affixed to a copy of the notice.

5. City Manager as Administrative Hearing Officer.

The City Manager or his/her designee shall act as
the Hearing Officer and conduct all hearings pursuant to the procedures set forth in this chapter, unless
otherwise provided under any other applicable provision of the municipal code and/or any applicable statute,
rule, code or regulation.

6. Duties of the City Manager, or his/her designee,
as Hearing Officer.

The City Manager, or his/her designee, as Hearing
Officer shall review all evidence, documents, and written testimony and hear all oral testimony submitted by all
interested parties at or before the scheduled
administrative hearing and render all decisions and
findings in writing to the Vacation Rental Permit holder with a duplicate copy to the issuing official. The City Manager, or his/her designee, as Hearing Officer may
accept, modify or reject the findings and determinations supporting the recommendation.

Item Number: 10.

7. Limitations on authority of City Manager, or
his/her designee, as Hearing Officer.

The City Manager, or his/her designee, as Hearing
Officer’s authority to hear and consider the notice of
action recommendation shall be limited to only those
matters within his or her subject matter jurisdiction. The City Manager, or his/her designee, as Hearing Officer
shall consider at the administrative hearing only those issues which are relevant to the issues of the hearing.

The City Manager, or his/her designee, as Hearing
Officer shall not have the authority to waive any
requirements of the municipal code and/or any
applicable statutes, rules, codes or regulations.

8. Scheduling of administrative hearing—Notice of
administrative hearing.

As soon as practicable, but allowing sufficient time
for providing notice of the hearing, the City Manager, or his/her designee, as Hearing Officer shall fix a date, time and place for the hearing of the appeal and shall instruct the issuing official of the same. The Code Compliance
Officer shall prepare a notice of administrative hearing (hearing notice), which shall be in substantially the
same form as follows:

You are hereby notified that a hearing will be held
before the City Manager, or his/her designee, as
Hearing Officer at ____________ on the ____ day of
________, ____ at the hour of ____ upon the Notice
of Action Recommendation served upon you. You
may be present at the hearing. You may be, but
need not be, represented by an attorney. You may
present any relevant evidence at the hearing and
you will be given a full opportunity to cross-examine
all witnesses testifying against you.

9. Service of hearing notice.

The Code Compliance Officer shall cause a copy of
the hearing notice to be provided to the Vacation Rental Permit holder either by causing a copy of the notice to be delivered to such person(s) personally or by causing a copy of the notice to be delivered by certified mail, postage prepaid, return receipt requested, and
addressed to the Vacation Rental Permit holder at the
address shown on the Vacation Rental Permit.

Item Number: 10.

10.Proof of service of hearing notice.

Proof of service of the hearing notice shall be
certified at the time of service by a written declaration under penalty of perjury executed by the persons
effecting service, declaring the date and manner in
which service was made. The declaration shall be
affixed to a copy of the hearing notice and retained by the Code Compliance Officer.

11.Code Compliance Officer’s report.

A. The Code Compliance Officer shall prepare an
administrative hearing packet for the City Manager, or
his/her designee, as Hearing Officer to review prior to the hearing. The packet shall include a copy of the
notice of action recommendation, if applicable, and
briefing, which should include a description of the
violations and any actions taken by the Vacation Rental Permit holder subsequent to the service of the notice..

12.Admissibility of evidence at hearing.

The City Manager, or his/her designee, as Hearing
Officer shall hear any evidence offered in support of or in protest of the proposed action provided such
evidence is relevant to the issues of the hearing. The
City Manager, or his/her designee, as Hearing Officer
has the authority to determine the relevance of any
evidence to the hearing and the authority to exclude
unduly repetitious and cumulative evidence, regardless
of its relevancy. The City Manager, or his/her designee, as Hearing Officer shall not be limited by the technical rules of evidence.

13.Rights of parties at hearing.

Any party with a legal interest in the subject permit
who appears at the hearing shall have the following
rights:

A. To call and examine witnesses;
B. To introduce documentary and physical
evidence;
C. To cross-examine opposing witnesses;
D. To impeach any witness regardless of which
party first called the witness to testify;
E. To rebut evidence; and
F. To be represented by anyone who is lawfully
permitted to do so.

Item Number: 10.

14.Failure to attend hearing.

If the Vacation Rental Permit holder fails to attend
the scheduled hearing, the hearing will proceed without the Vacation Rental Permit holder and he or she will be deemed to have waived his or her rights to be orally
heard at the hearing.

15.Duty to prepare and serve notice of decision—
Final decision.

The City Manager, or his/her designee, as Hearing
Officer shall cause to be prepared and served a written notice of decision upon the Vacation Rental Permit
holder following the hearing. The decision of the City
Manager, or his/her designee, as Hearing Officer shall
be final.

16.Form of notice of decision.

The notice of decision shall contain a brief
summary of the evidence considered, findings of fact, a determination of the issues presented, and the effective date of the decision.

17.Time for and method of service of notice of
decision.

The notice of decision shall be served upon the
Vacation Rental Permit holder within 30 days from the
date the hearing is deemed closed. The notice of
decision shall be served either by causing a copy of the notice to be delivered to the Vacation Rental Permit
holder personally or by causing a copy of the notice to be delivered to Vacation Rental Permit holder via
certified mail, postage prepaid, return receipt requested, and addressed to Vacation Rental Permit holder at the
address shown on the Vacation Rental Permit.

18.Proof of service.

Proof of service of the notice of decision shall be
certified at the time of service by a written declaration under penalty of perjury executed by the persons
effecting service, declaring the date and manner in
which service was made. The declaration shall be
affixed to a copy of the notice of decision and shall be retained by the Code Compliance Officer.

Item Number: 10.

19.Effective date.

The effective date of the decision and order of the
City Manager, or his/her designee, as Hearing Officer
shall be as stated therein.

20.Expedited judicial review.

Any appeal of an administrative determination by
the City Manager, or his/her designee, as Hearing Officer involving the modification or revocation of a permit,
license or other entitlement pertaining to expressive
conduct protected by the State or Federal Constitution
is eligible for expedited judicial review pursuant to the applicable Code(s) of Civil Procedure.

21.Attorney’s fees.

The prevailing party in any proceeding conducted
pursuant to this chapter and associated with the
abatement of a public nuisance shall be entitled to
recovery of attorney’s fees incurred in any such
proceeding. In no proceeding shall an award of
attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the City in the proceeding.

B. Notwithstanding the provisions of Chapter 4.24
and except for complaints regarding the conduct of the
occupants or the operation of the unit, and the response to complaints by the owner, agent and/or emergency contact person, any other pre-citation or courtesy notice issued for any violations of this chapter may provide for a reasonable compliance date or time of less than 15 calendar days from the date the pre-citation notice is given, unless, due to the nature of the violation, a shorter compliance period is necessary or appropriate, as determined in the reasonable judgment of the City official issuing the notice.

C. Upon the fourth or subsequent violation issued
under Section 4.32.010 in any 24-month time period, and/or upon revocation of the business license for the unit, or other permit or certificate required by the City, the City Manager or designee may initiate an investigation to determine whether an owner, agent and/or emergency contact person has failed to comply with the provisions of this chapter. Should the Item Number: 10.

investigation reveal substantial evidence to support a finding that a violation occurred, the City Manager or designee may initiate proceedings to revoke, modify, or suspend a vacation rental registration certificate pursuant to the applicable provisions of Chapter 4.36 of the Desert Hot Springs
Municipal Code, or successor chapter.

E. The remedies provided for in this section are in
addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the City to
address any violation of this code or other public nuisance.

F. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public
nuisance for any person or entity to commit, cause or
maintain a violation of this chapter, which shall be
subject to the applicable provisions of this Municipal
Code.

5.44.120 Immediate health and safety threats.

Nothing in this chapter shall limit the City’s ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat, including, but not limited to, Sections 4.16.010,

4.40.040 and 15.48.010 of the City’s code.

5.44.130 Requirements not exclusive.

The requirements of this chapter shall be in addition to any license, permit, or fee required under any other provision of the City’s municipal code. The issuance of any Vacation Rental Permit shall not relieve any person or entity of any obligation to comply with any and all other provisions of the City’s municipal code.

Section 3. ENVIRONMENTAL FINDINGS.

The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section
15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment; and
Section 4. SEVERABILITY
That, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared Item Number: 10.

invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 5. GENERAL PLAN

CONSISTENCY FINDINGS
The City Council finds this amendment is consistent
and compatible with the General Plan.

Section 6. GENERAL FINDINGS
The City Council finds this Ordinance is not
detrimental to the public interest, health, safety,
convenience, or welfare of the City.

Section 7. REPEAL OF CONFLICTING

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

Section 8. AMENDING OF BAIL

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

Section 9. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 10. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published
according to law.

Item Number: 10.

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
PASSED AND ADOPTED by the City Council of the City of
Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:

Ayes:

Noes:

Abstain:

Absent:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 10.

74801 Hovley Lane East #11144, Palm Desert CA 92260
Telephone number: 760.422.6256 Email: [email protected] Internet : www.iSecurum.com
CA PPO 120918

Thank you for giving iSECURUM INC. the opportunity to introduce our Security company to THE CITY OF DESERT HOT SPRINGS. Here at iSecurum Inc. We take Pride in our Quality of Service and Professionalism with Guard delivery. Our Business Administration and training programs are taught by retired, former Army Military Police Officer, Combat Veteran of the 101st Airborne Division Air Assault, which produces a security staff that is top notch, ensuring that you receive the highest quality of protection & Customer Care! iSecurum Inc. is becoming the Coachella Valley’s #1 choice in GUARD DELIVERY – We protect City Businesses, Buildings and Properties from Theft, or any Criminal activity by staying Vigilant, Focused and Trained! iSecurum Inc.

Security Officer’s will deliver the best Security Concierge customer service to all your patrons, employees, and community members associated with your business! iSECURUM INC. Officers are trained to handle all situations in the field. WE HIRE MILITARY VETERANS WHO SERVED OUR COUNTRY, NOW SERVING OUR CITIES! iSecurum Inc. has many Letters of Recommendation from business owners that we currently serve. Our clients are super pleased, allow me the pleasure of adding, THE CITY OF DESERT HOT SPRINGS to that amazing list of greatly pleased clients.

PROFESSIONLISM AND QUALITY YOU CAN TRUST!!!
THIS IS OUR BUSINESS MOTTO & MISSION STATEMENT!
Item Number: 10.

74801 Hovley Lane East #11144, Palm Desert CA 92260
Telephone number: 760.422.6256 Email: [email protected] Internet : www.iSecurum.com
CA PPO 120918

SECURITY GUARD SERVICES PROPOSAL
Security Guard Service Proposal for: THE CITY OF DESERT HOT SPRINGS OPERATION HOURS WEEKLY: SUN, MON, TUES, WED, (7PM-2AM), THURS, FRI, SAT, (7PM-4AM) (55HRS WEEKLY) TOTAL GUARDS PER SHIFT: 1/2 (2 HIGHLY RECOMMENDED)
TOTAL GUARD HRS WEEKLY: 55/110
Guard rates include full W-9/W-2 payroll system with ADP and General Liability/Workers’ Compensation insurance in accordance with the laws of the State of California for licensed Private Patrol Operators.

DESTINY MOBILE SECURITY APP, GPS LOCATION TRACKING SYSTEM WITH PICTURES INCLUDED IN BILL RATE.

SECURITY PROFESSIONAL – LABOR

BILL RATE HOLIDAY/OT RATE GUARD WAGE GUARD OT WAGE
UNARMED OFFICER $23.50HR $31.50HR $16.00HR $24.00HR
SUPERVISOR UNARMED OFFICER $24.50HR $33.00HR $17.00HR $25.50HR ARMED OFFICER $25.50HR $34.50HR $18.00HR $27.00HR
SUPERVISOR ARMED OFFICER $27.50HR $37.50HR $20.00HR $30.00HR PATROL VEHICLE USAGE $149.00 (PER WEEK/PER VEHICLE, PLUS FUEL COST) Item Number: 10.

74801 Hovley Lane East #11144, Palm Desert CA 92260
Telephone number: 760.422.6256 Email: [email protected] Internet : www.iSecurum.com
CA PPO 120918
Item Number: 10.

74801 Hovley Lane East #11144, Palm Desert CA 92260
Telephone number: 760.422.6256 Email: [email protected] Internet : www.iSecurum.com
CA PPO 120918
Item Number: 10.

City-wide Map of Identified Short Term Vacation Rentals Item Number: 10.

Map of Identified Short Term Vacation Rentals in the Hacienda Heights Neighborhood (High Density STVRs) Item Number: 10.

Map of Identified Short Term Vacation Rentals in the Mountain View Estates Neighborhood (Low Density STVRs) Item Number: 10.

SR-22-184
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Professional Service Agreement to Smith Dawson and Andrews, Inc. for Federal Advocacy Services
RECOMMENDATION:

Authorize the City Manager to execute a Professional Service Agreement between Smith, Dawson, and Andrews, Incorporated and the City of Desert Hot Springs, for Federal Advocacy Services in the amount not to exceed $72,000.00 annually for a three-year term.

BACKGROUND:

In recent years, the City has experienced positive growth all around. The City has been innovative and the front runner in many policy decisions and actions. Some of those policies have been ahead of the State and Federal legislatures. Therefore, there has been a direct need to advocate on those specific policy items to the State and Federal representatives. The City also has unique issues that are important to the City but may differ from the priorities of the region or State, therefore there has been a need to advocate on those specific issues to the State and Federal representatives.

In an effort to fully engage Federal representatives and bring light and resolution into these policies and important issues, Cities, Counties, and other groups consult with State and Federal advocacy firms.

In April 2018, the City entered into an agreement with Federal Advocates to provide the City with Federal Advocacy Services. The scope of work included representing the City and presenting City specific issues to the Legislative and Executive Branches of the United States Government. Ben Odendahl has been the City’s direct representative on all federal advocacy issues since the initial engagement in April 2018. In February 2020, Ben established his own firm, Odendahl Strategies. The City engaged Odendahl Strategies for Federal Advocacy Services shortly thereafter. Some of the past tasks and accomplishments from Ben included the following:
• Drafted and summited testimony in support of Federal cannabis reform for the record to the House Committee on Financial Services, the Senate Banking Committee, and the House Judiciary Committee.
• Led a coalition of public and private stakeholders to pass the SAFE Banking Act in the House.

Most recent vote was by voice vote in April 2021.
• Submitted $3.1 million Congressional appropriations request for the culvert project to Rep.

Ruiz, to Sen. Feinstein, and to Sen. Padilla. $2.5 million was requested for the City in the House bill.

Item Number: 11.

SR-22-184
• Vetted and advised staff on selecting a state lobbying firm. • Drafted and coordinated the submission of letters from Rep. Ruiz and Rep. Jay Obernolte to Bureau of Land Management urging the agency to designate the City as an official entry point to the Sand to Snow National Monument.
• Worked with Democratic leadership to include $375 million in funding specifically for local governments in the American Rescue Plan.
• Organized and scheduled meetings with various Congressional offices and committees and Federal agencies with City Staff.

Since then, Ben has now moved to Smith, Dawson, and Andrews Incorporated, which is a new firm in which he proposes to continue to provide the same services per the scope of services but with the added resources of his firm.

DISCUSSION:

Over the past year, Staff has increased the workload and added additional tasks to the scope of services. Ben has met and exceeded Staff's expectations in all items and tasks assigned. In order to maintain continuity and continue the progress forward, Staff is recommending that the City enter into a new contract with Smith, Dawson, and Andrews Incorporated.

The proposed scope of services for the Smith, Dawson, and Andrews Incorporated is as follows:

1. Represent the City before the Legislative and Executive Branches of the United States Government; and

2. Advise on legislative activity potentially impacting operations; and

3. Develop and implement advocacy strategies to achieve the City's priorities, including but not limited to Federal cannabis reform policy, Sand to Snow National Monument, and federal funding for infrastructure projects; and

4. Assist with document preparation such as Congressional testimony, briefing papers, letters to government officials, etc.

With a proven successful track record with the City, Staff is recommending that the City Council authorize the City Manager to execute a Professional Service Agreement between Smith, Dawson, and Andrews Incorporated, and the City of Desert Hot Springs for Federal Advocacy Services for the City of Desert Hot Springs, in the amount not to exceed $72,000 annually for a three-year term.

FISCAL IMPACT:

This Professional Service Agreement will be funded through Contract Services in the General Fund in account 100-4320-41-11-0000.

Sufficient funding for this agreement has been appropriated in the FY22-23 Budget adopted by City Council. Sufficient budget appropriations will be include in the FY23-24 and FY24-25 budgets.

ATTACHMENTS:

Exhibit 1 - Professional Services Agreement - SDA - DRAFT Item Number: 11.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

SMITH DAWSON AND ANDREWS INCORPORATED
This Professional Services Agreement (“Agreement”) is made and entered into this 5th day of July, 2020, 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 Smith, Dawson, Andrews, Incorporated., a Corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with Federal Advocacy Services as directed by the City on an as needed basis (sometimes hereinafter, the “Services”), 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 the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.

Section 3. TERM
Item Number: 11.

This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect for a three-year term until July 5th, 2025 or until terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00) per month, subject to Section 2 of this Agreement, in a total amount not to exceed SEVENTY TWO THOUSAND DOLLARS AND ZERO CENTS ($72,000.00) per year.

The amount of this Agreement shall not exceed SEVENTY TWO THOUSAND DOLLARS AND ZERO CENTS ($72,000.00) per year.

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 of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
Item Number: 11.

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

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

b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Item Number: 11.

Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 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 Item Number: 11.

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.

Item Number: 11.

(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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her 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.
__________
Item Number: 11.

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.

Item Number: 11.

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.

Item Number: 11.

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

Section 18. RESERVED
Section 19. NOTICES
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:

Item Number: 11.

Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant:

Ben Odendahl
Smith, Dawson, and Andrews Incorporated
1150 Connecticut Ave NW#1025
Washington DC 20036
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 Item Number: 11.

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 Services that are not finished by Consultant.

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

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

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City.

Item Number: 11.

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.

Item Number: 11.

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

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

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

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

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

Item Number: 11.

Section 33. PRINCIPAL REPRESENTATIVES
a. Ben Odendahl shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Luke Rainey, 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.

Item Number: 11.

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. SURVIVAL
Item Number: 11.

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. FINGERPRINTING
Consultant hereby acknowledges that the people working with the City must pass a background check and that s/he is required to be livescanned (fingerprinted) by the City of Desert Hot Springs Police Department, at Consultant’s expense, prior to execution of this Agreement. In the event Consultant does not do so prior to execution, Consultant agrees to do so immediately following execution hereof.

Section 46. 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.

Item Number: 11.

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

CITY OF DESERT HOT SPRINGS
_____________________________
Luke Rainey, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
_____________________________
SMITH, DAWSON, & ANDREWS INC.
_____________________________
Name Title
N:\DHSO\0001-01 General\Doc\6051
Item Number: 11.

EXHIBIT “A”

SCOPE OF SERVICES
Smith Dawson & Andrews (SDA) will provide federal advocacy services to the Client, specifically authorized by the Client, including:
• Represent the Client before the Legislative and Executive Branches of the United States Government; and
• Advise the Client on legislative activity potentially impacting operations; and
• Develop and implement advocacy strategies to achieve the Client’s priorities, including but not limited to Federal cannabis reform policy, Sand to Snow National Monument, and federal funding for infrastructure projects, and;
• Assist with document preparation such as Congressional testimony, briefing papers, letters to government officials, etc.

Item Number: 11.

SR-22-182
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2022
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Award Professional Services Agreement for the Parks and Recreation Master Plan
RECOMMENDATION:

Authorize the City Manager to execute a Professional Services Agreement with KTU&A not to exceed $151,737.00 with a 10% contingency of $15,173.70 for a total of $166,910.70, for the Parks and Recreation Master Plan Project, upon approval as to form by the City Attorney with substantive changes approved by the City Manager.

BACKGROUND:

The City of Desert Hot Springs parks currently utilize the Parks and Recreation Master Plan that was completed in 2013, which consisted of community demographics, existing conditions of facilities, program inventory, and needs assessments. It also provides recommendations, costs, and a capital improvement plan for implementation.

In 2021, Mayor Scott Matas, Councilmember Roger Nunez formed a Parks Committee to review the parks and recreation facilities/programs and make recommendations to the City Council. The committee is made up of Mayor Scott Matas, Councilmember Roger Nunez, and members of the Desert Hot Springs Community. The Parks Committee reviewed the 2013 Parks and Recreation Master Plan and unanimously agreed on the need for an update.

On February 1st, 2022, City Council approved the Parks Committee recommendation to authorize Staff to issue a Request for Proposal to hire a consultant to update and complete a new Parks and Recreation Master Plan.

DISCUSSION:

On April 8, 2022, Staff issued a Request for Proposal for the Desert Hot Springs Parks and Recreation Master Plan. The Request for Proposal was published and available to the public on the City of Desert Hot Springs website. The Request of Proposal stated, “The Consulting Services Agreement will not be awarded based upon low fees.”
On Monday May 9, 2022, at 2:00 p.m. the Request for Proposal closed with the City Clerk receiving two (2) submittals. Staff conducted three independent evaluations of the submitted proposals. The following are the scores of the three independent evaluations and the rankings.

Item Number: 12.

SR-22-182
Evaluator 1 Evaluator 2 Evaluator 3 Ranking Total Cost
KTU&A 100/100 100/100 95/100 1 $151,737
MIG 80/100 90/100 90/100 2 $142,635
Based on the scores of the evaluation, Staff found KTU&A to be the top qualified candidate. Staff entered negotiations with KTU&A and reached an agreed scope of work and total contract cost that met the project needs.

On Thursday June 23, 2022, Staff presented these results to the Parks Committee, and only positive feedback was received with no opposition.

FISCAL IMPACT:

Contract amount is a not to exceed $151,737.00 with a 10% contingency of $15,173.70 for a total of $166,910.70 to be added to the Public Works budget for the FY 2022/23 General Fund Budget.

ATTACHMENTS:

Exhibit 1 - RFP Parks and Recreation Master Plan
Exhibit 2 - Professional Services Agreement - KTUA Draft Exhibit 3 - Parks and Recreation Master Plan Proposal-Scope of Work - KTUA Item Number: 12.

REQUEST FOR PROPOSALS
April 8, 2022
The City of Desert Hot Springs is soliciting proposals from qualified firms to perform Professional Public Outreach and Urban Planning Services to provide public outreach leading to the completion of the Desert Hot Springs Parks and Recreation Master Plan. Specific project tasks are outlines in the Scope of Work.

Project Limits:

Desert Hot Springs’ City Limits
Project Description:

This project consists of the completion of a Parks and Recreation Master Plan, developed through public outreach and input utilizing current urban planning design and standards. The master plan shall include:
a public outreach report, City demographics, community needs assessment, recommendations for implementation of plan with funding sources, total costs of projects based on community priority, and a 10 year capital improvement plan for implementation.

Project Background:

The City of Desert Hot Springs Parks currently utilizes the Parks and Recreation Master Plan that was completed in 2013, which consisted of community demographics, existing conditions of facilities, program inventory, and needs assessments. It also provided recommendations, costs, and a capital improvement plan for implementation. This master plan is available and may be used as reference in developing a new Parks and Recreation Master Plan.

In 2021, the City Council formed the Parks Committee which is made up of Mayor Scott Matas, Councilmember Roger Nuñez, and members of the Desert Hot Springs community. One of the main roles of the Parks Committee is to review the parks and recreation facilities/programs and make recommendations to the City Council if necessary actions are needed. The Parks Committee reviewed the 2013 Parks and Recreation Master Plan and unanimously agreed on the need for an update. On February 1st, 2022, City Council approved the Parks Committee recommendation to authorize Staff to issue a Request for Proposal to hire a consultant to update and complete a new Parks and Recreation Master Plan.
11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org

CITY OF DESERT HOT SPRINGS

PUBLIC WORKS

ENGINEERING & OPERATIONS
Item Number: 12.

Services Requested:

In general, the consulting services will include two key elements; Public Outreach, and the Preparation of Parks and Recreation Master Plan. These elements must include but are not limited to the completion of the following tasks and deliverables:

1. Public Outreach
Task 1.1: Create Outreach Plan to Achieve City Demographic Representation (EJ) at Public Outreach Meetings
• This task will result in the creation of an Outreach Plan that suggests ways to engage the various stakeholders in the community including young people ages 0-31, Senior Citizens, Hispanics, African Americans, and those who are economically distressed. The stated benefit of the master plan is to complete a plan that identifies the needs, goals, and future demands of the Desert Hot Springs community. It is only through equitable outreach that the goal is achieved.

Task 1.2: Create Outreach Plan and Arrange for Bilingual Outreach • Create a plan and procedures for translating all printed materials, publicity, and arrange for translation to be available at all Community Workshops.

Task 1.3: Project Publicity
• Notify the Public via all available means including radio – both Spanish and English language, newspaper, the City’s web page, participant web pages like the City website, the school district, local schools, local youth sports organizations, and any others recommended by the outreach workshops. Specify that bi-lingual services will be available.
• Look for ways to increase participation like giving away a sports gear and/or hiking gear to workshop attendees.

Task 1.4: Community Workshops (2 total)
• Take into consideration the location and times of community outreach meetings so that those without transportation and non-traditional work schedules can attend. • Community Workshops will be held at a specific site to serve a section of the City. • The workshop will guide participants through a process that will include why the master plan is being created, and what benefits it will offer to the community. • Participants will be guided through a process that will allow them to provide feedback as to the current and future needs, site locations, types of facilities and recreation programs, etc…
• The workshops will promote the involvement of low income and minority communities.

Task 1.5: Parks Committee Meeting/Workshop
• The Parks Committees will discuss and provide input into the planning process.

Task 1.6: Data Consolidation – Priorities Ranking Report Item Number: 12.

• Combine data from all workshops into a report, with a detailed summary.

Task 1.7: Report on Citizen and Stakeholder Workshops
• Create and present a report detailing the efforts undertaken during the Public Participation portion of the project including what efforts were made to create demographic diversity at Outreach Workshops and how participation was impacted by the effort. Detail what issues and considerations were raised and covered in the Workshops and how those translated into ranked priorities. Detail what site locations, park and recreation facilities and programs were important to stakeholders and citizens.

Required Deliverables:

Task Deliverable

1.1 Plan for Demographic Representation

1.2 Plan for Bi-Lingual Outreach with names of interpreters

1.3 Evidence of coverage on radio, newspaper, web pages etc…

1.4 Notes from meeting

1.5 Notes from meeting

1.6 Future needs/demands of parks and recreation facilities and programs with ranking of priorities from high to low

1.7 Citizen and Stakeholder Input Report

2. Parks and Recreation Master Plan
Task 2.1: City demographics and future projections
Task 2.2: Existing conditions of parks, trails, and recreation facilities and programs • Inspect all existing facilities, take pictures, make notes, survey any issues associated with the site(s).
• Gather data on existing recreation programs through City and local youth sports organizations
Task 2.3: Proposed needs and demands of parks, trails, and recreation facilities and programs • Provide scope of work, proposed site maps, drawings, land use details. • Provide future needs and demands for recreation programs • Provide costs estimates for land acquisition, construction of facilities, annual maintenance costs, staffing requirements, and administration of programs Task 2.4: Draft Master Plan
Item Number: 12.

• Draft Master Plan at a minimum shall include the following;

1. Public Outreach Report

2. City Demographics and future projections

3. Existing conditions parks, trails, and recreation facilities and programs with site maps and land information

4. Future needs/demands of parks, trails, and recreation facilities and programs with proposed site maps and land information.

5. Community needs assessment of parks, trails, and recreation facilities and programs

6. Recommendations for implementation of plan with funding sources

7. Total costs and breakdown project costs

8. Identify all park, trails, and recreation projects and programs by scope of work and costs, and based on community priority

9. 10 year capital improvement plan for implementation of parks, trails, and recreation facilities and programs
Task 2.5: Planning Commission Meeting
• Present draft master plan to the Planning Commission for review and comment. The commission shall provide input and guidance to be integrated in the Final Master Plan.

During the planning commission meeting the community will have the opportunity to also comment on the draft master plan and/or provide an additional task.

Task 2.6: Final Master Plan
• Present Final Master Plan to the City Council for adoption.

Required Deliverables:

Task Deliverable

2.1 City demographics and projects

2.2 Existing facilities and programs report with site maps

2.3 Future needs and demands report with site maps

2.4 Draft Master Plan

2.5 Notes from Planning Commission Meeting

2.6 Master Plan

PROPOSAL FORMAT AND CONTENT
Submittal
Three (3) copies of the proposal must be received by the City Clerk on/or before Monday May 9th, 2022 at 2:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be submitted to the following address;
Item Number: 12.

PROPOSALS: PARKS AND RECREATION MASTER PLAN
City Clerk
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Proposals should be prepared with the intent or providing specific information relevant to the type of skill sets and experience necessary to complete the requested services. Recent experience for these types of public outreach/master plan design that are requested will be given greater weight than experience with typical public outreach. Proposals should be submitted on 8-1/2 x 11 (letter) size paper.

Letter of Transmittal
The Letter of Transmittal should identify the following information:

1. Name, title, address and telephone number of the contact person during the period of proposal evaluation;

2. Project Manager and key task leads, including resumes;

3. All associated sub-consultants, including office location and description of services by firm; and

4. Statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the date of submittal. The Letter of Transmittal should be signed by a company officer empowered to commit the firm and should be addressed to City of Desert Hot Springs, 11999 Palm Drive; Desert Hot Springs, CA 92240, Attention: Daniel Porras, Assistant City Manager.

5. Bid Proposal
The Consulting Services Agreement will not be awarded based upon low fees. Consultants are asked to submit the technical qualifications as requested in this RFP. A bid proposal is to be included in this RFP process and should be provided in a separately seal envelope labeled “BID PROPOSAL” in addition to a cover letter. The bid proposal should be in the BID PROPOSAL FORM format as provided in this RFP.

The Consultant shall also identify in the technical proposal and include in the bid proposal additional tasks not identified in this RFP that are necessary or recommended for the completion of the Project.

The Consultant shall submit a project schedule/timeline for the completion of all tasks. Upon completion of the initial evaluation and interviews, if conducted, negotiations will commence with the highest ranked firm based upon the technical proposals.

A copy of the Consulting Services Agreement is attached for your review. The selected consultant will be expected to sign the agreement as presented. If you have questions regarding the agreement, please let us know in writing and we will respond.

Selection Process
Upon selection of the best qualified firm, negotiations will commence to finalize scope of work, personnel, timelines, performance measures, project schedule, and compensation based upon the detailed bid and technical proposals. Should the City be unable to negotiate a satisfactory contract with Item Number: 12.

the firm considered to be the most qualified, negotiations with that firm shall be formally terminated.

Negotiations will then be undertaken with the next most qualified firm(s) in order of their evaluation ranking until an agreement is reached.

Attachments: 1. Bid Proposal Form

2. Sample Consulting Services Agreement
Item Number: 12.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
KTUA
This Professional Services Agreement (“Agreement”) is made and entered into this 5th day of July, 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 KTUA, hereinafter referred to as “Consultant.” RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with Parks Master Plan Services as directed by the City on an a contract basis (sometimes hereinafter, the “Services”), 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 the Services on a contract basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect until completed and/or terminated, in Item Number: 12.

accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, subject to Section 2 of this Agreement, in a total amount not to exceed ONE HUNDRED FIFTY-ONE THOUSAND SEVEN HUNDRED THIRTY SEVEN Dollars and Zero Cents ($151,737.00). The amount of this Agreement shall not exceed ONE HUNDRED FIFTY-ONE THOUSAND SEVEN HUNDRED THIRTY SEVEN Dollars and Zero Cents ($151,737.00).

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 of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of Item Number: 12.

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

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

b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONSULTANT’S BOOKS AND RECORDS
Item Number: 12.

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

Item Number: 12.

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.

Item Number: 12.

(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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her 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 Item Number: 12.

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
Item Number: 12.

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 Item Number: 12.

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 Item Number: 12.

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 non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, 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 sub-consultants, 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 Item Number: 12.

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 selfinsured 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.

Item Number: 12.

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 of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant: Mike Singleton
KTUA
3916 Normal St.

San Diego CA 92103
Telephone: (619)294-4477
Item Number: 12.

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 Services that are not finished by Consultant.

Item Number: 12.

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.

Item Number: 12.

c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

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

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

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

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

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to 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 Item Number: 12.

consideration contingent upon or resulting from the award or making of this Agreement.

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

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

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

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

Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount Item Number: 12.

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.

Item Number: 12.

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

Section 45. FINGERPRINTING
Consultant hereby acknowledges that the people working with the City must pass a background check and that s/he is required to be livescanned (fingerprinted) by the City of Desert Hot Springs Police Department, at Consultant’s expense, prior to execution of this Agreement. In the event Consultant does not do so prior to execution, Consultant agrees to do so immediately following execution hereof.

Section 46. 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.

Item Number: 12.

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

CITY OF DESERT HOT SPRINGS
_____________________________
Luke Rainey, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer Mizrahi, City Attorney
KTUA
_____________________________
Name Title
N:\DHSO\0001-01 General\Doc\6051
Item Number: 12.

EXHIBIT “A”

SCOPE OF SERVICES
• SEE PROPOSAL DATED MAY 9, 2022
Item Number: 12.

6192944477
www.ktua.com
m.

Item Number: 12.

\I.

Table of Contents
1 Letter of Transmittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 2 Technical Proposal
KTUAFirm Profile . . . . . .. . . . . . . . . . . . . . . r . . . . . . . . . . . .. . . . . . . . r . . . . . . 4 . 3 KTUAParks and Recreation Planning Experience Summaw. . . . . . . . . . . . ._ 4 KTUAProject Experience . . r . . . . r . . . . . . . . . . . . . . . r . . . . . . . . . . . . . . . . . . . . 5 KTUACommunity Engagement . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . . . _ . _ .14 KTUAQuality Control . . r . r . . r . . . . . . . . . . . . . . . . . r . . . . r . . . . . . . . . . . . . . . . .15 Subconsultant Profiles and Project Experience . . . . . . . . . . . . . . . . . . . . . . . . . .16 Project Understanding and Approach . . . . . . . . . . . . . . r . . . . . . . . . . . . . . . . . . .17 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . r . .19 Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . r . . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Lessons Learned . . . . . r . . . r . . . . . . . . . . r . . . . . . . . . . . . . . . . . . . . . . . . r . . . _ . 27 Team Organization Chart . r . . . . . . . . . . . . . . . . . . . . . . r . . . . . . r . . . . . . . . . . . . 29 KTUAKey Personnel Resumes . . . . . . . . . . . . . . . .

Subconsultant Key Personnel Resumes . r . . . . r . . . . . . . . . . . . . . . . . . . . . . . .36 3 Bid Proposal . . . . _ . . _ . _ . . . . . . . . . . . . . . . . . . . .. (Submitted Separately) ))))))))))))))))))‘))))))))IlO’I‘C7Q“
Item Number: 12.

San Diego County
Santa Barbara County U 619-294-4477
www.ktua.com
May 9, 2022
Daniel Porras, Assistant City Manager.

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Dear Mr. Porras and Members of the Selection Committee, ‘Zlhhhhh what can Isay. My dogs love it!I love it! The surrounding neighborhood is quiet. Met som nice animal lovers. The view is great. The desert behind u can hike the trails." N DHS resident commenting on Rotary Do Park
Comments like this are music to everyone's ears - from Public Works Directors. to Recreation Department staff, ity Counciimembers, City Managers, and even the park design team. From our research, it is clear that parks such as Wardman Park, Mission Springs Park, and Guy Tedesco Park attract families and residents who are generally delighted with the park amenities, access to walking paths and trails, and the ability to connect with their neighbors. Residents appreciate the park features that pay tribute to veterans and others who have contributed to the community, and love anywhere where they can bring their dogs. Desert Hot Springs also has the added benefit of adjacency to As in any park system, there are always challenges — shade, wind protection, ADA accessibility, overuse of facilities, parking, homelessness, vandalism, diminishing life cycles of equipment and facilities, hours of operation, restrooms (or not).

However, it appears that city staff and management are well aware of resident concerns and are proactive in identifying measures to quickly address these issues.

With a solid park system to start with, and guidance from the 2013 Parks and Recreation Master Plan and various elements of the 2020 General Plan, the KTUAteam would be honored to assist the City of Desert Hot Springs in developing the Iong—term analysis and vision to ensure that your park system and recreation programs continue to enhance the quality of life for your residents. in addition to the scope of work identified in your RFP, we understand that there are other City projects, initiatives, and funding applications that may be occurring simultaneously and that may need to be addressed or acknowledged in the parks master plan, including (but certainly not limited to):

Corporate Yard Park
Various Community Development Block Grant applications for park improvements at Mission Springs Park and Reflection Park
S8821 grant funding for Wardman Park
Funded and unfunded CIP park projects
KTUAhas been designing and planning park and recreation facilities for over 50 years. We are a planning and landscape architecture firm with a staff of 29. KTUA specializes in community planning, transportation planning, park planning, urban design, placemaking, and landscape architecture. The project experience we have included in our submittal includes both park master plans and detailed park design. By understanding the detail needed to implement a project makes our park master plans stronger - recommendations are useless ifthey cannot be implemented.

Each of our park master plans have introduced a new element, idea, or technology. The use of GIS for equitable distribution was introduced in our projects a decade ago, moving away from using the traditional circular buffers for park service areas to using parksheds based on actual walking, biking or driving routes. We introduced the idea of a 10~minute walk zone to define service areas well before it became a more recent trend as a way to measure equity and access. The 2020 Community Health Needs Assessment of the Coachella Valley indicates that 32% of Desert Hot Springs residents live within a 10-minute walk of a park, higher than the average of 22.5% among all Coachella Valley communities, but lower than what the Desert Hot Springs community needs and deserves. Per the same study, Desert Hot Springs has a Walk Score of 34 (out of 100). Through the travelshed analysis of our park master plans, we have the ability to improve Item Number: 12.

thejourney to parks by analyzing the park connections beyond the park boundaries and providing recommendations that improve safety and accessibility for residents of all ages and abilities. We have also been using demographics to identify the best location for age-specific facilities and amenities for many years. We are now integrating tools to look at equity as it relates to different socioeconomic demographics.

Today, a citywide parks master plan has to be more than ballfields, playgrounds, and splash pads. We can no longer afford to build our environment with single-benefit projects. Each improvement in your community needs to address several issues and provide multiple benefits - for the environment, for urban living and for the health, safety, and welfare of your residents. Our recommendations combine the benefits of active transportation, healthy communities, urban greening, urban heat island reduction, carbon sequestration, stormwater runoff, and placemaking into park systems. We advocate for the use of alternative funding sources and state policies such as the Quimby Act for procuring developer funds to enhance and augment park assets; and the use of Crime Prevention through Environmental Design (CPTED) principles to increase safety and security. These planning efforts also need to close the gaps of equitable distribution, increase assets to meet the community's park acreage standards, look for efficiencies in park use by considering amenity infills, and re—invent recreational experiences that translate into great personal experiences. Our plans seek to balance all of these factors and are unique to each community, using methods to tune amenity distribution and types to respond to the community's desires and regional benchmarking to further enhance the NRPA national averages of park amenities.

KTUAwill be the prime consultant on this project, and lwill serve as the principal in charge. Jacob Leon will be the project manager and lead the outreach for the project. Matt Wilkins willserve as our project manager. His background as a landscape architect and planner enables him to envision the broad scope of the master planning process while understanding the fine details that make a success park and park system. He recently completed the award—winning Parks Master Plan for the City of Montebello and his is currently working with the City of Menifee on their parks and recreation master plan update. Jacob Leon will facilitate our community engagement process. Jacob is bilingual and fluent in Spanish (both translation and interpretation) and his warm personality and professional creativity enable him to develop relationships, strategies, and tools that encourage even the most hesitant residents to participate in the engagement process. He is responsible for the recently completed and award—winning Ontario Citywide Parks Master Plan.

Matrix Consulting Group (MCG) will address the financial strategies scope of work. Matrix conducts cost of service and management studies providing recommendations relating to operations, improvements, and cost recovery. The firm has extensive experience conducting comprehensive user fee studies. Ifthe city decides that a statistically valid survey is warranted, KTUA has a consultant available to prepare and administer this sun/ey.

We look forward to the opportunity to discuss our approach and proposal with you and are flexible in adjusting our scope and proposed fee to best match your needs. This proposal remains valid for 120 days from May 9. 2022.

Respectfully submitted,
KTUAPRIMARYCONTACT WITHAUTHORITY TOBlND
—~-\. Michael Singleton l AlCP CTP, CA PLA, LEEDAP
3916 Normal Street, San Diego, CA 92103 MéingletonV 619-294-4477 X134;Cell: 619-788-2128 mike@ktua,com
Item Number: 12.

02ITECHNICAL PROPOSAL IKTUAProfile
healthyplacemaking
KTUA is a collaboration of planners, landscape architects, GIS analysts, and graphic designers focused on the creation of livable communities. Established in 1970, KTUAhas expanded the boundaries of a traditional landscape architecture office by incorporating active transportation, community planning, federal planning, and natural resource management practices into our portfolio. With this diversity, KTUA has the ability to help shape the bigger picture while addressing the fineegrained details that contribute to sustainable natural and built environments. l<TUA'splanning approach is to balance the diverse needs of regions, cities, communities, neighborhoods. developers, and future users with planning that encourages placemaking that is informed by our expertise in urban design, community development, multimodal transportation, complete streets, smart growth, public engagement, and natural resource management. With a goal of healthy commue nities and lorig—termstewardship of the land, KTUAhas a track record for creating active public space that promotes public health, engages the community, contributes to economic growth, enhances public and private investments, optimizes land values, and provides a sustainable legacy that is memorable and attractive.

Our commitment to our communities and clients is to ensure that each project is unique, collaborative, innovative, cost effective, environmentally integrated, and context sensitive.

RELEVANT EXPERIENCE INCLUDES:
- City of Menifee Parks Master Plan
- City of Montclair Parks Master Plan
- City of Ontario Parks Master Plan
- City of Montebello Parks Master Plan
- City of Goleta Stow Grove Park Master Plan
- City of Goleta Parks, Facilities, and Playgrounds Master Plan - City of Oceanside Parks Master Plan
- City of Santa Maria Parks Master Plan
- City of Perris Park Master Plan
- Town of Phelan/Pir"ion Hills Parks Master Plan
- County of San Diego Needs Assessment and Parks Master Plan - City of Thousand Oaks Conejo Community Park
- City of Victorville, Hesperia, Perris, Signal Hill, Walnut and Rosemead - City of Palmdale Sam Yellen Park and Arnie Quinones Park Master Plan - County of San Bernardino Prado Regional Park Master Plan - County of San Luis Obispo Parks Master Plan
- Port of San Diego Parks Master Plan
- City of Santee Community Center and Parks and Recreation Master Plan Update - City of Grover Beach Senior Center Feasibility Study
- City of Victorville Parks Master Plan
- City of Encinitas Parks, Beaches, Open Space and Trails Master Plan - City of La Mesa Parks Master Plan and Safe Routes to Parks Plan DESERTHOTSPRINGSl Parks&RecreationMasterPlan I 3
ktu

YEARFOUNDED
' I970

ORGANIZATIONAL STRUCTURE
' California Corporation

NUMBEROFCALIFORNIA OFFICES
' 2 (San Diego and Central Coast
Satellite Of?ce)

CORPORATE OFFICERS
' Michael Singleton, President
' Mark Carpenter, Secretary/Treasurer
' Brooke Whalen, Vice President
' Chris Langdon, Vice President
' Joe Punsalan, Vice President
EMPLOYEES - 29
' 12 Landscape Architects
' 8 Planners
' 2 Transportation Planners
' 2 Landscape Designers
' 1 Irrigation Designer
' IGIS Analyst
' 1Transportation Engineer
' 2 Accounting

CERTIFICATIONS
' Small Business Enterprise (Metro and
California Dept. of General Services),
CA SBE 30007 exp. O8/31/22

SERVICES
Planning
' Land Use l Transportation Planning
' Active Transportation Planning
' Resource Planning
' Federal Planning
LandscapeArchitecture
' Civic and Public Works
' Parks and Recreation
' Healthcare
' Education
' Housing
' Hospitality
' Of?ce and Commercial
SupportServices
' Public Outreach
' GIS
' 3D Modeling and Simulations
' Sustainable Design
' Water Management
' Grant Writing
Item Number: 12.

02lTECHNICA
CityoiMeniiee
CityofMontclair
CityoiGoleta
CityoiSantaMaria
CityoiCarlsbad
CityatCorona
CityoiEncinitas
CityofGoleta
CityofGroverBeach
CityofHesperia
Cityofla Mesa
CityofLaMesa
CityoiMontebello
CityoiOceanside
CityoiOntario
CityoiPerris
CityoiPicoRivera
CityoiPlacentia
CityoiSanGabriel
CityoiSantee
CityoiSantee
CityofSignalHill
CityoiTemecula
CityofWalnut
CityoiVictorville
PhelanandPi?onPines
CountyoiRiverside
CountyoiRiverside
CountyoiSanBernardino
CountyoiSanDiego
RanchoCalilorniaWD
POSALIParks&RecreationPlanni
ParksMasterPlan
ParksMasterPlan
StowGroveParkMasterPlan
ParksMasterPlan
TrailsMasterPlan
TrailsMasterPlan
ParksMasterPlan
ParksMasterPlan
SeniorCenterFeasibilityStudy
ParksMasterPlan
ParksMasterPlanandSafeRoutesto Parks
MacArthurParkMasterPlan
ParksMasterPlan
ParksMasterPlan
ParksMasterPlan
ParksMasterPlan
UrbanGreeningPlan
openSpacesandUrbanGreeningPlan
ParksMasterPlan
ParksMasterPlan
CommunityCenterFeasibilityStudy
ParksMasterPlan
Multi-UseTrailsand BicycleMasterPlan
CommunityAquaticsFeasibilityStudy
ParksMasterPlan
ParksMasterPlan
BoxSpringsMountainTrailsMasterPlan
CountywideParksMasterPlan
RegionalParksMasterPlan
ParksMasterPlan
VaillakeTrail&lake ManagementPlans
P
a
r
k
s
Ma
ster
Plan Spa
ce
TMaster
ra
il
s
Ma
ster
Plan Study/
Concep
ts
Ass
ess
men
t/
Sur
vey
Assess
ment
ProjectScope
DESERTHOTSPRINGSI Parks&RecreationMasterPlan I 4
fo
r
iiii
nil
yE
ng
zr
gei
ne
Item Number: 12.

?
02ITECHNICAL PROPOSAL IProjectExperienceICityofMon lloParksMasterPlan 9 L
A >\
Manterey Par/<
Q
A?
- V ’¢/F
Q
Q
Q
Q
Q
1 Q
A
Joint Use Map
: :Park Needs Areas
,_ I.---.
15 Minute Park Walkshed
Q Commerce - 15 Minute . School Walkshed /
A
‘ Schools
‘
A
Pico Rivera - Montebello Parks
‘
Other Parks and Open Space
9 ~
0 0.5 1
- memes
Q
- The City of Montebello Parks Master Plan is a comprehensive plan for the city’s park and recreational facilities. The work entailed thorough research, analysis, and inventory of the existing parks and city facilities to understand the current condi- ._ tions and lifespan of the various assets. The team facilitated extensive community outreach to gauge the community and stakeholder’s use of the existing facilities and preferences for proposed improvements.

A The team utilized advanced GIS mapping techniques to analyze the park distribution and developed a comprehensive _ needs assessment developed from the analysis and outreach phases to help establish the recommendations which indicate specific improvements on the city facilities, programs, financials, and various other components. ‘ KTUAworked on three site~specific master plans of parks that are identified by the data to help determine improvements.

A KTUAalso prepared various maps demonstrating how a Joint Use Agreement (JUA) may help fillin the void of park sparse areas along with maps showing other infillopportunities, linear green corridors, and other infillamenities. 9 DESERTHOTSPRINGS I Parks&Rei:reationMasterPlanI 5
Item Number: 12.

~ Reggie Rodriquez Park Proposed Spec/ficLP/an
; V
CUENT ,_
' City of Montebello
' Laurie Aguilar
- 323-887-1200 x374
“
' [email protected]

A STATUS
' Completed 2021 ._
SERV|CES
' Park Master Pianning A

KTUAKEYPERSONNEL A
' Mike Singleton, Matt Wilkins.

Jacob Leon ,.,
AWARDS
‘
' 2022 APA Los Angeles Award of
Merit, Comprehensive Plan - Small
Jurisdiction "‘
VIEWDOCUMENT: https://tinyur|.comI4w9esn49 A
A DESERIHOTSPRINGS i Parks&RecreationMasterPIanI 6
Item Number: 12.

02ITECHNICAL PROPOSAL IProjectEx encelCityofOntarioParksMasterPl Ontario Parks and ‘Ira
Pc'k Type - ‘Airi it. magnum - Lmecr a.speci Use Paw - Comrnun’ Pork 3 Ce'i|e' iacr-or .=un 2 Got! Course
l/:1 Mile Part: 54‘ie'
I/3 MM; Park Butler
I Mlle Pant Bqiler — 2 Mile For}. Better - School; Z] cw BC./r1<:."i The City of Ontario Recreation and Parks Master Plan (ORPMP) is a comprehensive park planning effort that provides a iO—20-yearvision for the Recreation and Community Services and Parks Department. The ORPMP included an analysis of existing programming in parks and facilities, capital improvement plans, a financial strategy plan, prioritization of proposed recommendations, and an operations and maintenance plan. Identifying existing and future park needs was a critical element of the planning process, therefore requiring extensive community and stakeholder engagement, field visits to each park, and GlS—relatedmapping analyses. The team used a collaborative community outreach approach that included a series of public workshops, surveys, online maps, and focus group meetings. The final plan supports the City's goals of implementing prioritized park amenities and programming recommendations.

Ontario Parks

RECREATION& PARKSMASTERPLAN
DESERTHOTSPRINGSI Parks&RecreationMasterPlan I 7
'CLIENT
City ofontario
' Nicholas Gonzalez
' 909-395-2065
' Nicho|[email protected]
‘STATUS
Completed 2021
'SERVICES
Park Master Planning
' Community Engagement
' GIS

KTUAKEYPERSONNEL
' Mike Singleton, Jacob Leon,
Matt Wilkins, Alex Samarin,
Chris Stebbins
'AWARDS
2022 APA Inland Empire Award of
Merit. Transportation Planning
VIEWDOCUMENT:
https://tinyurl.com/yc2acpyf
Item Number: 12.

02lTE NICALPROPOSAL|Project Ex encelCityofGoleta
0 (outs Apuvtmqris an 0 La om.-is rm‘. 6 Ova ‘/evdc Open Space 0 San Jose C'€¢\ Psi.

Wwmuit-set ll z... 0 Jormy D, Wallis Park 0 Drake-5 parI('FVl\/tlfe O Oro VL*’CIEFad MiniPnks 0 Armstrong wait 0 Mm. Eda Park 0 ‘I:-r.‘t.v we =att C San 'juel Park 0 Slonclmdge Park 0 Santa Bammtt sm»,-.o,;en SpaciO ‘4Vm<‘\£-stew Park Community mks 0 §tone:>rid<_ru Omen Sputk‘ G A l
— as cam-la, lPvlv.)tr'l O 3e'Kx--:y =am 0 Willow Spvlnris Upe'\5paCE(Pin/411:! O " idun Park 0 Evergreen AciesPark 0 San MlguelOpen Space 0 3 Kieiaarbarz siiovesux 0 Glvillpuiklpnvt?-ri 0 win Sicl Open s-.7“ 0 Slow Grove Par-L G Stow Tenn :Cnur:: Neighborhood Opcn spu0 Brandon Open Space 0 G|enArI'1:earDr:i None
Neighborhood Park: 0 A-\rJ.1marPark 0 :.~--- ‘ it 0 a(‘Hn)Vl l&llPml< 0 Univ Region-I Open span.
9 Campus n El\P:17k
rl{\/I lags P.,v<
-mu Ezizan Away:

The City of Goleta Parks, Facilities, and Playgrounds Master Plan provides guidance for the priorities and actions needed to create a policy and implementation document to address capital improvements and ADA accessibility projects, funding strategies. maintenance standards, and costs for the next 16 years. The plan also builds upon the efforts ofthe Goleta Parks and Recreation Needs Assessment completed in 20i5 to create a holistic vision forthe City's future park needs.

The City of Goleta, in southern Santa Barbara County, has a population of 30,850 and has 21 parks with over 475 acres of parkland.

Scope of work included: Public workshops and stakeholder interviews, Existing conditions and level of service analysis, Geographic distribution of park assets using parkshed mapping, Maintenance standards, Recommendations for future parks and facilities, Recommendations for re-purposing existing parks and facilities, and identification of funding sources and financial implementation strategies.

Parkshed analysis: For each park type, a GIS analysis generated a polygon representing a 15-minute walkshed (at a walking pace of 2.5 mph) and a 5-minute driveshed. Resulting sen/ice catchment areas were overlaid on the city base map to identify regions that were well serviced by park access and to estimate the number of residents served by park type. Utilizing this data and the recommendations from the City of Go|eta's Bicycle and Pedestrian Master Plan, also prepared by KTUA, the 2035 projected access analysis calculated the increase in populations thatwill benefit from the improvements given the City's goals of a 15-minute walk and 5-minute drive.

Outreach strategies: The outreach strategy complemented the previously completed Needs Assessment. KTUA held a public workshop where a presentation was given and the public participated in activities at break out tables. A pop—up outreach event was held at Goleta's popular annual Lemon Festival and a survey was digitally distributed and passed out at the event.

DESERTHOTSPRINGSl Parks&RecreationMasterPlanI 8
ks,Eacilres,andPlaygroundsMasterPlan
9 Colcnado EiutterilvPreserve (Nov!-pvd'1ll
0 waste-r 5 am» 0 Lo: Ca"\=:vor.V‘3rk 9 Santa Earb O Spg?lmg Prezerve/Ellwood Mesa Open State Sh-ares cam, mt
Community cum:
0 (jolera Valley Co1rrruiiityCente'8r Gale-itsBoy: and Gui: Club(Nun pmini CLIENI
' City ofGoleta
' JoAnne Plurnmer
' 805 562-5505
' [email protected]
STATUS
' Completed 2020

SERVICES
‘ Community Outreach
' Branding and Graphic Design
' Park Master Planning

PROJECTFEE
' $100,000

KTUAKEYPERSONNEL
' Mike Singleton
AWARDS
' 2020 APA Central Coast Comprehensive Plan - Small Jurisdiction Award of Merit
§el9$a,,Ea3e
VIEWDOCUMENT:
https://Iinyur|.taml4ltiu8n7
Item Number: 12.

02llECHNlCPROPOSALlProjectExperiencelCity of0ceanside ksMasterPlan Existing Parksheds
l5~Minute Walkshed
5-Minute Driveshedi
rks Recreation
10-Minute Driveshed" Master man
Park and Facility Type
: Community Centers
I Community Centers (Non-profit)
2 Community Parks - Special Use Parks and Facilities
! Special Use Parks (Non-Profit)
K Regional Parks
Private Golf Courses
City Boundary
Taller Comunitario
21¢ lebrero '
Country Club Senior Center
455 Country Club Lane
y w.a..ml. a. Du .
541 mm Dilu ?ol?rvl-Iul l.. Oecile pmynao‘
KTUAled the City of Oceanside Parks and Recreation Master Plan. The City of Oceanside is the third largest city in San Diego County with approximately 176,000 residents. Oceanside has 15 community parks, 17 neighborhood parks, 1 regional park, 5 skate parks/spots, 2 pools, 2 gyms, and 3.5 miles of beach. CUENT ' Cityofoceanside
' Megan Crooks
' 760—435»5005
' [email protected]
Tasks included conducting extensive public outreach which included three public workshops and two popeup events. performing an existing conditions and inventory, conducting a Level of Service analysis, developing design standards, develv oping recommendations for park infill capabilities, developing recommendations STMU5 for new parks, devising a funding plan, and creating a priority and action plan. Completed 2020 KTUAwas also responsible for writing; producing maps, graphics, and tables; and sERv|cE5 formatting the final document. ' Park Master Planning
' GIS Analysis
issues and challenges: Oceanside has an excellent parks system. Itwas important - Community outreach to add and enhance facilities at the existing parks, to meet current and future de- . . . PROJECTFEE
mand, ratherthan create new parks. Community outreach determined that improv~ _ $187435
ing walking and biking connections to parks, preserving open space, and creating trails through open space were top priorities. Trailsthrough existing open space can KTUAKEVPERSONNEL be a challenge as property owners may not allow it. However, through our GIS map— ' Mike 5'"9'e‘°”
ping, we proposed new trails through land that is owned by government agencies and conservancies where trails can more likely be built for the public. VIEWDOCUMENI, Award: 2020 APA San Diego. Award of Merit, Comprehensive Plan v Large Jurisdiction httpsI//tinyurl.com/2p9y2nhf DESERTHOTSPRINGS l Parks&RecreationMasterPlan I 9
Item Number: 12.

OZITECHNICALPROP AL|Pro ctE
fl‘/\Llvl D/LLE
\\\i ‘iHll\ l'\i:i. l'il\\l ll
Working with the City of Palmdale, KTUAprepared a public outreach plan and project branding which included online engagement strategies with clear, concise, accessible and visually rich engagement materials to conduct public workshops. The first public workshop included a presentation of the existing site analysis. This included an inventory of the parks site characteristics and identified opportunities and constraints. A public survey was also generated that was both online and paper in both Spanish and English so that individuals both in attendance and those who were
not able to participate in the workshop could provide
input. Breaking into teams at the workshop. which included members of the community as well as city staff, participants were asked to prioritize different program amenities that they wanted to see in the park. After identifying important amenities, the groups prepared a conceptual plan diagram to ‘design’ their park. This interaction allowed for individuals in the community to hear different opinions from their team members. Rich discussions about access, community
connection, maintenance, play value. adjacent connections and the need for buffers from residential houses, and safety and security allowed everyone in attendance to have a voice and be heard. The diagrams were then presented to the entire group.

A second workshop presented two different concept plans taking the input from the first workshop. KTUAthen synthesized these concepts into a preferred alternative with the public's recommendations, as well as a cost estimate for future grant projects.

CLlENT SERVICES
' City of Palmdale ' Site Analysis Plan
' Lynn Glidden ' Final Landscape Plan
' 661-267-5315 ' Community Engagement
' lgIidden@cityofpalmda|e.org

KTUAKEYPERSONNEL
' Brooke Whalen
' Josefeutierrez
STATUS
' Completed 2021
DESERTHOTSPRINGSI Parks&RecreationMasterPlanI 10 Item Number: 12.

ITECHICI-ILPROPOSAIPr0 ctExpeenceIPhel
KTUA worked on the Phelan and Pi?on Hills parks master plan and found that the two communities were undeserved by park facilities. The analysis considered the unique context of sparse populations, greater distances and drive times, as well as population growth and potential future parks and amenities.

Subsequently to that effort, KTUAis working with the Phelan/Pi?on Hills Community Services District (District) to develop a recently purchased 24—acreproperty that is currently undeveloped. The new site is adjacent to an existing 2—acrecommunity park that currently houses the District’s offices and is mainly open land. The new community park includes a newly planned civic complex which will consolidate the various community facilities including a multipurpose community building, administration building, police/sheriff office, and other civic facilities.

KTUAproduced several conceptual alternatives which explored schematic design arrangements for the undeveloped 24 acres and better integrates it into the new civic center. The park's program includes: two active soccer and baseball/softball fields, playgrounds, a skate park, pump track, equestrian facilities, dog park, amphitheater, picnic areas, plazas, and other recreational facilities and infrastructure.

KTUA prepared and submitted several grants on behalf of the District and is currently developing a final master plan which includes phasing opportunities and a cost estimate for the park. Once completed, the community park along with the civic center will become a new hub for the Phelan/Pinon Hills community.

DESERTHOTSPRINGSI ParksIiRecreationMasterPlanI 11
d ParkMasterPla
CLIENT
' Phelan/Pinon Hills Community
Services District
' George Cardenas
' 760-868-1212 ext. 311
' [email protected]
STATUS
' Completed 2021

SERVICES
' Park Planning
' Landscape Architecture

PROJECTFEE
' $300,000 (Phase I and ll)

KTUAKEYPERSONNEL
' Mike Singleton. Matt Wilkins, Cheri
Blatner-Pifer, Jordan Garvey, Gwen
Stark, Chris Stebbins
VIEWANIMATION:
https://tinyurl.com/purh8f2u
Item Number: 12.

Plan Master Park and Park Community Phelan Experience! Project I PROPOSAL TECHNICAL I 02

EWSVN RETENTION
PRTHWRY /rm.70R
& sicunlrx’ x.-am; mm:
nmvziaeae
‘V'h'R.A.'HRx7(."\ID mm”
0;? Dita/>~
- E TIEHNC EN
7+1’/4.?/I MUI. wk!‘ 1 6:-'z3v“r
PL/‘JZH CENTRRL
) Q .".E5TR.’l0M ‘A-‘NH
» ."MA«‘.‘> tom‘ 51:.‘ cow
kn {com/,9;-.\.‘:.,n'
' z EVILDIN
\ ‘ L?
rm (.‘llEEl€ SWEEP

HREH SUFFER
* -S/oswntzutrru
'
'
' R?.'.'., n1EAp£m.-we
' Mm was/us, ez>:.aa1'.'m
;’?i(C'0l/W35, EXE/V55}
sL?.k’.lI55 M02551’ 4r.'9
UK’£ L-'7 FPnucz 203/ 41 S?
r
/?1'.'§I~' FRz;Po5e1>.'. .
‘ rw.v/cm». F05 ,
,«
PL(=,vr»I:r.~c/Us rm; ;.=x;;
‘ “ ‘H1’
, /.4. v
“"“ €31
‘16-. HOS...
»~n
.4-ogav
.. ;,-..

Lm';=;j(._ , ..7R»7:\!.%=1<?/,,
U._ §;.‘Lr
12 I Plan Master Parks&Re(reation 1 SPRINGS HOT DESERI
Item Number: 12.

t SpringsBicycleandPedestrianMasterPI
CITYor DESERTHOTSPRINGS
e & Pedestrian Master Plan
Funded through the Caltrans
Environmental Justice Transportation
Planning Grant Program
The overall project objective of the Desert Hot
Springs Bicycle and Pedestrian Master Plan was to
create a connected bicycle and pedestrian network
based upon goals and objectives, land use and
citizen/stakeholder input. Through a series of public
workshops, over 25 bicycle projects were identified
with pedestrian improvements focused around connections to schools and parks. The City already had a Safe Routes to School plan in place so the KTUAteam
identified the various improvements of that plan and
incorporated additional projects. Six priority DFOJECIS were identified from the workshops to move further
into grant ready schematics and cost estimation for
the City to begin their application process.

CUENT
' City of Desert Hot Springs
' Daniel Porras, PE.
' 760 3296411 X216
' [email protected]
As part of the implementation phase. KTUA develop
phased implementation diagrams on cost-effective
ways to begin the installation of some ofthe bicycle
facilities. This section identified strategies for the City to install bike lanes, prior to improving them to protected bike lanes or cycle tracks. STATUS ' Adopted by City Council 2016
DESERTHOTSPRINGS I Parks&RecreationMasterPlan I 13
FINALREPORTIFEBRUARY2016

SERVICES
' Active Transportation Planning
' Community Engagement

PROJECTFEE
' $104,490

KEYPERSONNEL
' Joe Punsalan
Item Number: 12.

ICALPROPOSAL ICommunityEngagement
CommunityEngagement for the 21stCentury
0 0.0 (.1 \\>..._,,/’
TARGETED — Focus/User/ShlAaEl<EeTligl((3l:r/ OOL
: S OR
AdvisoryGroups, Round‘ _Q l
tables, Listening
Sessions ZSS

OPTIMIZECOMMUNICATION
MobilePlatforms,Video
Conferencing, Social
MediaPlatforms
DIGITALCOMMUNICATKJNif
Websites.SocialMedia, , Pr Rleases. ‘
,§f..Z..°m .Q .

OPENMEETINGS
PublicMeetings, Workshops,
Charrettes, Virtual
Presentations

COMMUNITYOUTREACHAPPROACH
There is a need now more than ever for innovative, flexible, and effective in«person and remote systems of engagement. KTUA is equipped with powerful “tools for equitable access" to provide meaningful and useful input from communities throughout California. This trend will continue into the future and we have worked to increase our digital toolkitto provide fun, engaging, and far—reaching methods. Our commitment to equal representation and maximizing participation within a community has driven us to explore various techniques to reach all portions of a community. Creating a forum for discussion, gaining the trust of the stakeholders, and sharing information of value with them will result in project success.

An open mind, strong listening skills, and clear, concise information are key to this process. Understanding the best communication tools to encourage participation from our target audience is crucial and these tools from project to project No matter how much time and budget is allocated to the team to spend time on-site, site users will be more familiar with the project and environment than we are, and we feel that this input is beneficial to develop community supported solutions.

DESERTH01SPRINGSl Parks&ltecreationMasterPlan I 14 Item Number: 12.

Q
ZITECHALPROPOSALlKTUAOua|yCo I
" §SllF3n,CE
. . places special importance on cost constrain_ jd-seéks t .ensureclients thatproject budgets, capital mprovement costs and long-term m intenan osts are reasonableandrealistic. The ?rmis well:versed i . 3 '«successful i_rripleme_ntationof designed in is. T isexperiencepermits realisticdesignand cost anaiysis,leading i to the completion of the project witl1in.esta_b,Iishd budgets.vKTL{. makesevery effort to fully understandthe scope _ o_ ach project du_ri,ngproject negotiations to arr e at; a asonablefee for professional servi es. 1'=het_"irmhas h‘ - I i request ofscope r,nodi?cationsor add
9 . Stakeholder Requirements
Q Project Goals. Objectives Environmental Requirements
Q
_ I Regulatory Agency Requirements
Existing Conditions Q
Opportunities & Constraints sgakehoider input
1%
Planning Analysis Stakeholder Input
L
Requirements Budget & » Do hier_it;-
1‘ Client./Agency
A Review Schedule Review - ; Review
A
Concept Development Stakeholder Input Q
Alternatives Budget&
. -
I CH9"!/A9€"CY
“ Review Schedule Review , Review
.-
Reconimendations/Funding
Q
Recommendations Budget &
' Client/Agency
“ Review Schedule Review Review
Q
Final Submittal Adoption
9 - Principal Involvement in our projects ensures that the design integrity is upheld, while the project meets all applicable codes, restrictions, and regulations. KTUAdelegates assignments to staff with the A necessary experience that meets the project requirements and/or assure that those tasked with the project are trained effectively. KTUAhas a written Quality Control Plan with speci?c procedures that are A supervised by the principals (QC manager) to ensure completeness, accuracy, well—coordinatedand complete documents, and compliance with applicable regulations, codes, and guidelines. “ THEGOALSOFTHEOUALITYCONIROLPLANENSURETHAT:
- Work products meet and exceed the requirements of the contract scope of work. ‘ - Submittals are free of errors.therefore allowing a more thorough review of the content instead of the format of the submittal.
“ - Project con?icts (such as utilities) are identi?ed early to avoid future changes. - Subconsultant information is coordinated and reviewed at each submittal phase. ‘ - Project requirements and objectives are met while environmental and social resources are protected or enhanced. - Project implementation is cost effective and ef?cient. ‘* - Risk and liability are minimized.
1% DESERTHOTSPRlNGSI Parks?iliecreation MasterPlanI 15 Item Number: 12.

02!
Matrix Consulting Group
Since 2002, The Matrix Consulting Group, based in San
Mateo, CA, has worked with over 1,300 government
agencies, conducting cost of service and management
studies providing recommendations relating to operations, improvements, and cost recovery. The firm has extensive experience conducting comprehensive userfee studies.

The Matrix Consulting Group has worked with every type of recreation function, including traditional parks and recreation, libraries, and open space preserves. Our experience spans master and strategic planning, park condition assess— ments, and program staffing and cost recovery. Our project teams are well versed in the areas that most impact cost recovery, including:
- The best use of a tiered recovery approach, such as resident versus non-resident, or profit versus non-profit. - Setting fees according to the cost recovery pyramid
to ensure that premium services have a higher cost
recovery.

The ultimate goal in reviewing parks and recreation costs for service, is to ensure that fees and rates are set at a level that allows the City to continue to serve the community in a manner consistent with current goals and commitments.

For almost 20 years, the firm has provided maintenance
and operations studies for local governments across the country.

CityofMilpitasProgramandFeeAssessmentandCostRecoveryPolicy Development(aspartoflargerMasterPlanUpdate)
The Matrix Consulting Group, in partnership with another firm, has been working with the City of Milpitas on the development of a new Parks and Recreation Master Plan. The firms primary focus was on staffing assessments, service delivery evaluation, fee assessment, and development of a cost recovery policy for City Council adoption.

A comprehensive assessment of fees and cost recovery
was developed for all functional areas of the Recreation and Community Services Department. The recommended
cost recovery policy was adopted without change by the
City Council. The fee assessment has provided direction to staff and the City Council in adjusting fees to be more competitive with the local market and the surrounding com— munities while taking into consideration the unique needs of local residents and ensuring equity for all populations within the community.

NICALPROPOSAL ISubconsultant Profiles&Experience
CityofMontebelloCitywideComprehensiveFeeStudy
The Matrix Consulting Group conducted a comprehen»
sive User Fee Study for the City of Montebello. As part of the cost of services study, the project team worked with departments to review current fee services and structures, and determine the full cost associated with providing
Building, Planning. Engineering, Police, Fire, and Parks and Recreation Services.

The project team provided support and guidance with development of departmental cost recovery policies, includ— ing implementing annual updates to fees. The project team also provided City staff with user fee models to conduct annual updates as needed.

CityofOrangeCitywideUserFeeStudy/Development ImpactFeeStudy The Matrix Consulting Group worked with the City of
Orange to conduct a comprehensive citywide user fee
study and development impact fee study. The comprehen~
sive fee study covered the following department/divisions:

Police, Fire, Planning, Building, Engineering, Water, Main» tenance, Transportation, Parks and Recreation, Finance, and City Clerk. The development impact fee study looked at Police, Fire, Parks, and Library impact fees. The focus of these studies was to document current services costs and nexus requirements, and streamline existing fees to better reflect the services provided by each department.

ADDITIONAL EXPERIENCE
County of Lane, Oregon: Worked with the County to
review staffing and operational costs associated with Moorage, Parking Passes, Organizational Camp, and Camping.

Along with determining the full cost of service, we also conducted a national survey to benchmark fees for service.

City of Grand Rapids, Ml: Worked with the City to develop a Business Plan for Parks and Recreation. This study included an overall efficiency and effectiveness assessment of operational practices, staffing requirements, services to be provided, and associated service levels.
matrix?
consulting group
DESERTHOTSPRINGS l Parks&RecreationMasterPlanI 16 Item Number: 12.

02 ECHNICALP

OUR PROCESS
standingandApproach
Our process has proven successful on projects of similar elements and size. We analyze community and capital needs, provide financial solutions, identify alternative funding and partnership opportunities, and recommend investment strategies. We have developed and currently employ the following recognized philosophies to park planning.

Values and Vision - A Road Map to the Future. An agency’s values are based on the agency's leadership and staff values, as well as those of the community they represent.

These values and visions provide direction for an agency's actions and help determine the community conditions that can result in the priorities needed for change.

A Strong and Comprehensive Facilitated Public Involvement Process is needed to establish detailed community issue identification, to communicate the value of public services, and provide a vision for the future that the community can support. This process should form the basis for measuring quantitative and qualitative performance for fiscal operating stewardship, managing taxpayer investments, establishing mandatory fees and charges, and funding
capital development.

Focus on Equity Across the City while Recognizing
Context and Needs of Individual Neighborhoods. With
quantitative analysis, it is easier to find consensus on the definition of equity. However, the project should not lose sight of individual differences between neighborhoods and the historic manner in which certain newer developer—built communities paid for their current assets. It must also recognize the role of equivalencies in helping to reach these equity goals.

Appreciation of Sustainable Public Policy. The team has a strong background and understandingof the role that
the natural and built environment has in the health of the community. Our years of experience with watershed planning, habitat planning, urban forestry, water quality and air quality provides us this insight and will guide us in recommending sustainable parks and facilities. This includes an increased attention to providing alternatives to vehicular access to parks and open space. Connectivity for walking, hiking, and biking should be a primary goal of many of the city's parks and public facilities. Less reliance on driving, more attention to local access, lower vehicle miles traveled, and greater improvement in personal health can result from this effort.

Focus on Implementation. Ourteam plans, designs, engineers, and implements parks and community facilities that get built and that can be managed effectively and operated economically. “Make no little plans; they have no magic to stir men's blood..." is a common City Beautiful Movement term first used by Daniel Burnham in 1907. But our practical experience is to “make the right—sized plans" that provide innovation and momentum but that are also implementable and supportable. Our decades of experience in delivering park and recreation general development plans, master
plans, and construction documents also provides us with strong insight into the needed adjustments and refinements to provide guidelines for future park and public facility development, maintenance, and replacement.

Listen, then Respond. Throughout the development of the plan, team members will function as professional, unbiased facilitators to gather specific information about services. use, and preferences, as well as agency strengths, weaknesses, opportunities, and threats. Participant feedback will help to determine ifthe proposed techniques and formats are well received and ifthey provide the community with the opportunity to better understand the planning process and make a meaningful contribution. When this occurs.it results in the feeling that attending an input session was a good use of someonesvaluable time. The efforts need to focus on
listening to public and staff input (as well as from elected officials) about issues, concerns, solutions, and priorities. The end result will likely be a better alignment or consensus in the direction to be taken to improve the park and recreation experiences. Building consensus on a plan requires:
- Identifying, up-front, the project “givens" or parameters. - Making the participants aware ofthe process from start to finish, including where they have opportunities to contribute and who will be making the final decisions. - Encouraging participants to listen to each other.
- Identifying common ground as the plan evolves.
- Knowing that consensus is not always possible, the team will encourage participants to think aboutwhat they can “live with" iftheir ideal desire is not achievable. Written records and summaries ofthe results of all public process and communications strategies will be provided for posting to the city's website for wider distribution.

DESERTH0iSPRlNGS I ParksliiliecreationMasterPlanI 17 Item Number: 12.

WHY, WHEN, HOW, WHERE AND WHAT
To understand how the KTUAteam approaches their park master planning projects, the following highlights our guiding principles. This constitutes the "WHY" of the project, The proposed schedule covers the “WHEN” and the process and detailed scope of works cover the “HOW.” The work products indicate “WHERE” improvements should be made and “WHAT” should be done to improve the City’s parks, recreational elements, open spaces and programs for youth, adults and seniors.

KTUA'S PARKMASTER PLANNINGPRlNC|PLES:

The residents of Desert Hot Springs deserve safe and
convenient parks.

Parks and open spaces should be fun and provide amenities to encourage healthy activities, but also protect or enhance natural or cultural resources.

Support for parks and open space is increased when
people make parks a part of their lives. Ifa program
immerses the public into the community resource, then
they become advocates for protecting, expanding, or
enhancing these resources. They are also more likely to be willing to pay to participate in these programs.
- Since the largest desired recreational activities are walking, running, hiking, and biking, the plan needs to address non-standard linear connections, pocket parks, urban
plazas, and open space in support of park acreage and
facilities, as well as 10-minute walking access to parks.

The plan must be based on public input that recognizes
national and local recreational trends, population forecasts, and area specific desires. However, the standards are guidelines for comparison and not mandates. Local
priorities should provide the direction for the overall plan. - A balance is needed between the demands of the broader public while protecting local neighbors from real (not perceived) negative impacts.
investments in parks and recreation assets should take
into account habitat and cultural resource protection,
open space access, ADA universal access, stormwater
runoff control, and urban forestry benefits for air quality and urban heat island reduction.

PARKRECREATIONAL EQUITY (PRE)
The pandemic and other cultural shifts such
as environmental justice, equity concerns,
and civil rights discussions of the last several
years have highlighted inequities that exist
and the need to address chronic health
problems. The role that parks and recreation provides to the community in terms of mental, physical, social, and spiritual health
has been made clearer as a result of these
facilities not being available and have now
become more important as parks opened
back up. KTUA’sapproach to the Desert Hot
Springs Parks Master Plan will address the
equity issues and the health aspects that
parks and recreation can play.
1)UnderstandDemngraphits.

Sacio-Economics&AgeDynamics
2)AssignRecreationNeeds
Basedon Timeand
EconomicCapability
- Investments in other programs should take into account the needs of underserved communities orthe special
needs of population segments that rely on public programs. Integration of the underserved increases the strength of the entire program and provides equity and
solutions to those who may not have access.
- New development should support its own new residents
and meet a fair share of the new recreation demand.
- In many cases, infillof new amenities within existing parks and community facilities may be the proper solution compared with the acquisitlon of new park lands. Space can usually be found in existing city parks and facilities if efficiently laid out to rely on not fully developed public lands. - GIS tools and demographic data should be used to
determine equitable distribution, with an emphasis on
providing close access to recreational experiences that start at a person’s front door instead of their car door in a parking lot near a park or community facility. Locating transit options near these facilities or locating city parks and facilities near transit services can help make distribution and access more equitable. - The economics of park development and funding must
be an essential part of the recommendations and implementation plan. - Maintenance, staffing, operational costs, and other
non-facility expenses can often add up to more than the value or cost of physical facilities and therefore needs to be taken into account in this overall master plan process. #"PUBl|(_ RECREATIONAL mum! —
._ _. ._
DiverseRecreationSolutions
for a DlvemEthnlraml
EconomicPopulation
Amenities. vograms&Policies
4) MapWalk-times, ParkGIS Distribution, AmenityMatchto AgeConditions&HealthNeeds 3)Lookat ChronicHealth Issues and Consider Recreationas a Solution DESERTil0iSPiilNGSI ParkstitltecreationMasterPlanI 18
5) ResolveIne uitieswithNewParks.

A
ITECHNICAL PROPOSAL lProjectUnderstandin dApproa
Item Number: 12.

TASK1:PUBLICOUTREACH

1.1 CreateOutreachPlantoAchieveEquitableRepresentation

1.2 CreateBilingualOutreachPlan
The first of the teleconference calls will be focused on the development of the Public Outreach Plan (POP). The
project team will encourage the participation of city staff members that regularly engage in public outreach, such as the Public Information Officer.

The POP will outline the techniques to obtain the highest degree of public. stakeholder, and staff input possible.

Special attention will be focused on strategies to reach and engage Desert Hot Springs residents who typically
shy away from sharing their ideas and concerns in public settings. Outreach will be conducted in the language spoken by residents (primarily English and Spanish), in a manner that is easy for them to understand, and with a variety of tools to match their comfort level of participation.

The POP will include key messages, strategies, schedules, and descriptions of outreach activities and opportunities, with an emphasis on engagement methods to encourage
attendance at in-person workshops. Online engagement
tools that can be used to effectively disseminate information for the parks and recreation master planning efforts will also be discussed.

The POP will also prescribe the use of social media engagement opportunities, language translation and interpretation needs (English/Spanish), and virtual engagement opportunities ifin-person events are not possible due to local health COVID-19 health orders or if a hybrid process will encourage more participation.

1.3 ProjectPublicity
The success of engagement and outreach efforts is inextricably linked to the marketing and publicity that accompanies the activities for which feedback is being sought.

Branding is a key component of marketing and engagement, whether online or through public workshops. Branding brings continuity to all project components throughout the duration of the project and distinguishes this project from others in the City. Consistent branding will be included on all project materials such as flyers, exhibits, online material, social media kits. and documents. KTUAwill design branding material for different uses and print engagement material for in-person workshops and other events.

The team will follow established graphic guidelines to
create attractively branded products that will encourage people to participate and become involved in the overall project. Tasks will include:
- Develop project branding concepts
- Develop and distribute a project questionnaire/survey (printed and online via SurveyMonkey or other approved
City platform)
- Create project website through ESRI Story Hub and
update monthly
- Identify incentives/motivation to attend meetings and provide input
- Prepare social media kit (graphics and text i.e. flyers, press releases)
I
\
,.‘ I ((3

GOLETA PARKS
r/iciu l UND. M/\.§'l'EP. |l~.& l/\‘r an
DESERTHOTSPRINGS l Parks&RecreationMasterPlanI 19 Item Number: 12.

1.4 CommunitylstakeholderWorkshops
The KTUAteam will use the feedback collected during
the POP teleconference call to organize two stakeholder meetings and two community workshops. These meetings
and workshops are essential to understanding the needs, challenges, and opportunities throughout the city.

Allstakeholder meetings and workshops will be publicly
noticed and will include multiple forms of engagement,
activities, and topics to create an inclusive environment for input and participation. Opportunities for input for community members unable to participate in workshops will be available.

Stakeholder Meetings: These meetings are intended to
gather local feedback from an audience with specific experience and knowledge of the Desert Hot Springs parks and programs. Two stakeholder meetings will take place in the first phase of the planning process to inform the existing conditions analysis. The two meetings may include:

Stakeholder Group 1: City staff, operators, managers,
and maintenance staff
Stakeholder Group 2: Interest groups that currently are frequent users of facilities and nonprofit groups and
other advocates for park and recreation facilities
Workshops: While in—person workshops are ideal, public
health guidance may require a hybrid or different ap—
proach. The KTUA team’s vast experience in traditional, pop»up, and virtual workshops will be discussed to best meet the needs of the Desert Hot Springs community. The team has an extensive list oftools, programs, and multi—lin— gual team members to ensure successful public outreach. if pop»up workshops are needed, KTUAhas found that
hosting these workshops during other well-attending city or community sponsored events increases participation.

These events may include:
- Memorial Day Ceremony
- Fireworks Spectacular
- Holiday Parade and Festival
- Desert Hot Springs Senior Center Car Show
- Veterans Day Ceremony
- Dia de Los Muertos
Workshop 1: Vision, opportunities and constraints, and
existing conditions
Workshop 2: Summary of existing conditions, key stake—
holder interviews, and discussion of priorities
COVID-19 has taught our team to remain flexible and innov vative. We bring a large suite of online engagement tools that can be discussed with City staff ifit is deemed necesto Euhhlm in»,
‘Make sure thal we rake wheeimaus
lmnmnsmmnurr
. _ . . Public comments received by the KTUA team during the Desert Hot Springs Bicycle and Pedestrian Master Plan
sary to keep in—person contact to a minimum. Tools such as Zoom, Jamboard, or Mentimeter can be used to keep
online outreach fun and informative.

1.5 ParksCommitteeMeetinglworkshop
The KTUA project team will conduct a hands-on workshop
with the Parks Committee, presenting materials similar to materials presented during the stakeholder meetings and workshops, and summarizing public comments received
during those meetings. The Parks Committee will be asked to validate the information and comments from the stakeholder meetings and provide direction as the team starts to prepare the draft master plan.

1.6 Dataconsolidations— PrioritiesRankingReport

1.7 ReportonCitizenandStakeholderWorkshops
The summary report will include:
- Final Public Outreach Plan (POP)
- Summary of stakeholder meetings
- Summary of community workshops
- Summary of Parks Committee meeting/workshop
- Summary of survey results
- Summary of website online comment map
- Public input/needs assessment initial report
DESERTHOTSPRINGSl Parks&RecreationMasterPlanI 20
an
02ITECHNICAL PROP LIScopeofWork
Item Number: 12.

A
02lTECHNICAL PROPOSAL lScopeofWork
on
A TASK2: PARKSANDRECREATIONMASTERPLAN

2.1 CityDemographicsandFutureProjections
KTUAwill conduct a comparative analysis using national
benchmarks established by the National Recreation and
Park Association (NRPA). This analysis will combine the park inventory data with 2020 Census ACS data to compare Desert Hot Springs to other cities of similar size and demographics. The team will make adjustments to the
NRPA national benchmarks based on amenity level-of-service in neighboring cities, community input on desired amenities. current usage, growth projections, and a regional trends analysis. The outcome will help the project team make informed recommendations that reflect the unique
needs of Desert Hot Springs.
- Review NRPA benchmarks for trends
- Review facilities of similar cities
- Compare LOS to trends and suggest new standards for
Desert l-lot Springs

2.2a ExistingConditionsofParks,Trails,andRecreationFacilities A comprehensive inventory of parks and recreation
facilities in Desert Hot Springs involves a combination of inventory fieldwork and inventory mapping in Geographic information Systems (GlS).

Park Inventory Fieldwork: KTUA will conduct a field
inventory of all city-owned parks and facilities using Esri Surveyl23. Output data will be compatible with desktop
GIS software. The data collected will include photos of park facilities, and quantitative and qualitative rankings of park amenities. All data will have a geographic reference to facilitate future reference by City staff. This data will inform the population level-of-service for park amenities.

GIS-based Inventory Mapping: KTUAwill conduct a GISbased inventory of all city—owned parks and facilities using recent parcel boundary and ownership data provided by
the City or other authority and recent high-resolution aerial imagery from Nearmap, a subscription imagery service
used by KTUA.Using this imagery, distinct use areas will be mapped within each park, such as: sports fields and
courts, playgrounds, picnic areas, landscaping, and paths.

This data will inform the population level-of-service for park acreage.

2.2b CommunityServicesProgramReview
Matrix Consulting Group will provide a template for the collection of program inventory, and will use the inventories as well as interviews with programming staff, marketing channels, the needs assessment information, applicable
trends, and other data sources to analyze the program mix.

The following subtasks will be completed:
- Identify recreation program providers
- Analyze programs, resources, use levels, and revenues - Interview program managers
- Identify program planning and evaluation practices for recreation services and programs

2.3a ProposedNeeds/DemandsofParks,Trails,RecreationFacilities, Programs(ParkLevel-of-Service Analysis)
KTUAwill utilize three metrics of park level-of-service (LOS): Population LOS, Geographic LOS, and Park Pressure. The 2020 baseline for all three metrics will be calculated using the existing parks and population. The population LOS for a future year will be provided based on the current park system and population projections from a regional authority such as SCAG or CVAG, with the ability to also provide all three LOS metrics ifthe location of possible future parks is known.

Population LOS measures two aspects of a park system
relative to the city's population. These two aspects are the total park acres and the total number of park amenities, such as piaygrounds, picnic tables. fields, and courts.

Park-acreage population—LOS is the most commonly
utilized metric in park access. For a given jurisdiction or subarea of a jurisdiction, it is expressed as the number of park acres per 1,000 people. Typically, jurisdictions set their goal park-acreage population—LOS in the Open Space or Parks and Recreation element of a General Plan, or in a Parks Master Plan. in built-out urban jurisdictions, the goal park-acreage population-LOS ranges from three to six
DESERTHOTSPRlNGSI Parks&RecreationMasterPlanI 21 Item Number: 12.

acres. Jurisdictions have flexibility in calculating how this goal is met. For instance. city park acreage may be supplemerited by school facilities through joint-use agreements with school districts that can justify counting school acres toward the goal standard. Similar situations can occur with arrangements with golf courses for residents to walk atter—hours, or where homeowners associations welcome the public to use privately-developed park facilities.

The Desert Hot Springs 2020 General Plan establishes
a minimum standard of three acres of parkland for every 1,000 residents. The City currently provides a level of service of i.34 park acres per 1,000 residents. Atthe projected buildout population of 48,550, the City would require a total ofi46 acres of parkland to achieve its level of service goal.

Population LOS can also be applied to park amenities
such as playgrounds, picnic tables, fields, and courts. The National Recreation and Park Association (NRPA) publishes results of an annual nationwide survey that queries parks and recreation agencies for the size, amenities, and maintenance cost of their park systems. These results
are provided for by region for agencies of different sizes and serve as a benchmark for each cross—section. KTUA
will utilize these benchmarks as local standards with input from City staff to determine what park amenities are most needed relative to demographic groupings. This process
will update current park-amenity population-LOS standards or create standards where none exist.

Geographic level—of—serviceanalysis uses the location of parks and the area that is accessible from parks within a given time using a given travel mode. These areas are
known as park travelsheds, or “parksheds.” KTUAanalyzes parksheds for walking, bicycling, and driving modes.

Specifically, we define park access points that are linked to the transportation network and represent the potentially multiple developed points-of-entry to a park. We develop transportation networks specific to travel modes that differentiate features like cul-de-sac cut—throughs that are traversable by pedestrians but not by vehicles. In this way, we create realistic travelsheds for each park using distances that can be covered by most people, such as a ‘/2mile travelshed that represents a 10-minute walk at 3 miles—per— hour. The time and speed variables are adjustable based on staff input and can take into account barriers like intersections and highways. The end result of geographic-LOS is a series of parkshed maps that show residential areas with park accessibility, the number of parks accessible, and the number of park acres that are accessible. Additional parkshed maps can be created that show how park accessibility improves when considering joint-use facilities or private facilities. Similarly, ifthere are any parks within one mile of Desert Hot Springs, they may be considered to refine park pressure in relation to edge-effects of the City boundary.

Park pressure combines population-LOS and geographic-LOS. Park pressure is a spatially-distributed measure of population LOS that calculates the number of park acres per thousand people within a parkshed and compares it to the goal park standard. in this way, the analysis characterizes areas of the City that either meet, fail to meet, or exceed the population LOS by a range of percentages for different travel modes. This gradation reveals for decision—makers and the public the spectrum of park accessibility in Desert Hot Springs; notjust defining park-poor or park—richareas but highlighting the areas of greatest need.

Park pressure can also be applied to understanding the
potential current level—of—useof park amenities. Using
Census data, KTUAcan segment the population served by
parks into age groups relative to types of park amenities.

For instance, a park with a “tot lot" that serves a population with a relatively high percentage of young families within its parkshed may be assumed to have a high level-of-use relative to a park serving a lower percentage of young
families. Segmented spatial analysis like this can augment the results of statistically—valid surveys conducted in the community, and inform decisions on how to best improve
parks with limited funds.

2.3b CommunityandRecreationSeniices
Matrix will provide a template for collection of data on community and recreation services throughout the city. In addition, the table will include exploration of potential providers and partners. The following subtasks will be completed as part of this process:
- Analysis of methods to provide best service and meet
community needs with a focus on specialized and underserved populations - Identify similar communities for benchmarking
- Analysis of services gaps/duplicate services
- Identify enhanced sen/ices through collaboration
DESERTHOTSPRINGSl Parks&RecreationMasterPlanI 22
A
02ITECHNIC OPOSALlScopeofWork
Item Number: 12.

A
02lTECHNICAL PROPOSAL IScopeofWork
Q
_ 2.3c ConceptualVisionandCIPRecommendations
The team will develop a final conceptual vision ofthe parks A system and develop CIP recommendations. On a parkby-park basis, a listing of deficiencies that are citywide, A neighborhood wide or within the park will be developed for consideration. In some cases, community—based parks A will need to take a look at the needs of the entire city.

Neighborhood parks will focus on the needs of the neigh- "‘ borhood for those with easy access or with more difficulty in getting to the site. The needs will be balanced with the A capability of the park site to accommodate new uses. it will also take into account the opportunity for new parks in the A area or the expansion of collaborative efforts with non-profA its and other organizations that may provide recreational opportunities for the community. As part of the community _ workshops, the prioritization of parks and park facilities to be considered will be vetted. The prioritization methodolo- .. gy will categorize improvement into three tiers: _ Tier 1: Essential improvements focus on deferred maintenance projects and lifecycle replacement of existing _ amenities within a park utilizing current funding sources. __ Tier 2: Ideal improvements utilize reallocated or new funding sources to implement capital projects that en- _ hance or replace existing park facilities. _ Tier 3: Visionary improvements focus on the complete
renovation of existing parks or the development of new __ parks and/or recreation facilities funding through new or additional revenue sources, including grants, donations, A partnerships, or taxes.

A
Initial and refined site plans will be developed as part of this task for three priority park expansions, park infills, or __ new parks. - Prepare project descriptions and infill amenity graphics A
- Prepare general planning costs for new parkland and _ trails - Prepare general planning costs for infill amenity projects A 2.3d Recreation,Facilities,andServiceActionPlan _ The recommendations developed in this task will be based on the analysis ofthe existing recreation programs and
A
services into an action plan. Key priorities will be access and equity in program delivery. Current usage and resident - preferences, as well as emerging recreational trends and opportunities will be analyzed to meet future needs. Gaps 4- in programming that may provide opportunities for new programs and services will be identified. Based on this A synthesis, recreational programs and services will be prioritized for expansion and/or contraction of services. % A
- Prepare action plan to enhance park system and
programs
- Identify areas of need and public interest for new
programs
- Analyze and assure equitable program distribution
- Create prioritized list of projects. acquisitions, and services

2.3e RecreationandParksNeedsAssessmentandCIPImplementation Strategies, actions, responsibilities, priorities, and timelines for implementation will be developed during this task with a focus on short (5-year), mid (l0-year), and long term (15- year) planned improvement of the city's parks and recreation system. Recommendations for operations, staffing, maintenance, capital repair and replacement, development of programming and funding needs, and the identification of possible alternative funding sources will be considered. - Identify implementation plan for 5-year priority projects - Identify general schedule for 10-year priority projects - Identify long-term vision for i5-year priority projects

2.3f MaintenanceEvaluation
The team will perform an evaluation of existing maintenance by scheduling a staff focus group meeting and reviewing the city's maintenance and operations records (5-year timespan). This evaluation will help highlight deficiencies and/or efficiencies in day-to-day operations and will help address any improvements needed in funding,
staffing, and equipment.

This effort will review the current maintenance program, discuss organizational, resources and funding aspects of the parks maintenance efforts in Desert Hot Springs. it will also include an analysis of funding mechanisms for park maintenance. Meetings with key maintenance staffwill be conducted along with site tours. This effort will result in strategies on how to improve maintenance at City parks
and ensure appropriate staffing allocations to achieve
desired state.

2.3g OperationsEvaluation
The current operational efficiency and organization will be reviewed and a summary of the current conditions affecting City park related operations will be provided including findings, recommendations, and funding mechanisms.

2.3h FinancialStrategy
Conduct Review of Existing Fees and Cost Recovery
Policies: Matrix will collect basic information from the city including staffing, budget, and current activity guides. The team will review the City’s current Parks and Recreation Fees and evaluate the full cost at each fee level, including level of internal staffing effort.

DESERTHOTSPRINGS l Parks&RecreationMasterPlan I 23 Item Number: 12.

Programmatic Full Cost Analysis: Based upon budgeted expenditures per program, identify the full (direct and indirect) cost associated with each Parks and Recreation activity at the programmatic level (i.e. aquatics, youth sports, rentals, etc.).

Benchmarking: Matrix will conduct a benchmarking analysis of surrounding cities as well as private entities providing similar services for sample fees, to determine the appropriate market rate for services.

Draft Analysis: Matrix will develop a draft report that will identify the current fees and programs. current cost recovery, results ofthe full cost analysis compared to current revenue, and the results of the benchmarking analysis.

Final Analysis and Presentation: Matrix team will finalize the draft analysis based upon input from City staff and present this to key stakeholders (i.e. Commission and City Council).

2.2 DraftMasterPlan
The draft master plan document will include all of the
elements of the project study including any of the options exercised for the contract. The document will be formatted using InDesign with tables, figures, photos, diagrams, maps and text with dividers and a cover. The submittal will include a PDF, as well as a Word document to accommodate staff comments.

2.3 PlanningCommissionMeeting
The KTUAteam will present the draft master plan to the
Planning Commission, providing an analysis of the parks master plan data and summarizing public comments received during the stakeholder meetings and workshops.

The Planning Commission will be asked to provide comments on the draft master plan and provide direction to the team for the preparation of the final master plan.

2.4 FinalMasterPlan
Based on staff and departmental comments, the master
plan will be revised to address all comments. A summary sheet of comments will be provided with formal responses and actions taken to resolve each comment. In addition, a Word document will be compared with the draft Word
document to highlight changes. A PDF comparison file will also be provided that not only notes text changes, but all graphic and layout changes.

KTUAwill package all files for final deliverable in an
organized and comprehensive file and folder structure.

The package will be complete with all original native files needed to edit and reproduce all final products,
TASK3: PROJECTMANAGEMENT

3.1 Projectkick-offmeetingandsitetourwithCity
A productive and informative project kick-off meeting will be essential to the success of the parks master plan as it sets the foundation for team expectations and deliverables. The team will develop communication protocols and establish meeting minute documentation that will serve as the basic structure for the team meetings that are needed to keep the project within budget and on schedule. We will also discuss other important elements that will be key to a successful master plan, such as an agreement on the current population—based standards for parks and recreation, as well as standards for other community programs and
park amenities. To make efficient use of the budget, the kick—offmeeting will also include a site tour with city staff members to inform the team of significant areas of concern and opportunity.

3.2 ExistingDocument andPolicyReview
Prior to the kick—offmeeting, the team will identify the most critical needs for data and mapping. With some relevant studies and reports already available, the team will arrive at the kick—offmeeting more informed, and the discussion can focus on additional data needed. The initial phase of work needs to commence quickly, and missing data can
either delay the project’s schedule or may not be able to be integrated into the overall process in a timely manner or at critical decision phases.

Essential data will be requested and processed for use
in the study efforts. This data should include native files from the previous master plan, GIS files of parks and other community facilities, spreadsheets of available data, and individual park and community planning documents that
might be aimed at future CIP projects and ongoing improvements that need to be known prior to making any project recommendations. Available demographic and socio—economic data and projected populations and growth are also important data points. However, these can also be obtained through SCAG and CVAG.

The project team will request all relevant planning and CIP documents at the kick—offmeeting and review them during the first phase of the planning process. Documents requested may include:
- City of Desert Hot Springs 2020 General Plan
- City of Desert Hot Springs 2013 Parks and Recreation
Master Plan
- City of Desert Hot Springs 20i3 Climate Action Plan initial Study/Negative Declaration
- City of Desert Hot Springs 2016 Bicycle and Pedestrian Master Plan
DESERTHOTSPRINGS l Parks&RecreationMasterPlanI 24
,4-
02lTE NICALPROPOSI-\L|Scop ofWrk
nu
Item Number: 12.

A
02ITECHNALPROPOSAL IScopeofWork
9_ - City of Desert Hot Springs 2020 Cost Allocation Plan and 3.4 Progressreportsandscheduling User Fee Study A more detailed project schedule will be developed prior

4. - Desert Healthcare District & Foundation 2020 Communi— to the kick-off meeting. Itwill maintain a degree of flexibility ty Health Needs Assessment of the Coachella Valley to adapt to unprecedented items such as the COVID-l9 A
- Capital Improvement Projects (CIP) List pandemic. Progress reports will be included monthly along - Review ordinances and policies (Title 12 Streets, Side— with team invoices.

A walks and Public Places)
- Proposed amendments/new ordinances 35 ouamll C°"”°'
A - Develop park land acquisition and development policies KTUAWl” l3’0VldeQUBHWa55Ula”C‘3 and QUGWYC0mf0' (QAOC) for project deliverables including reviewing all A 3.3 Teamteleconferences(6) maps, graphs, tables, infograpnics, and text. The project Ongoing communication between the city and team will management team at KTUA is comprised of subject-matter 4‘ ensure project milestones are met. Teleconferences will experts in park planning issues and policy, data analysis be Scheduled Via Zoom.GOTOMeeIing. Or any other City and visualization, graphic and document design, and tech- “ preferred on-line tool. nical writing that will guide the document from concept to completion. Q
-
A AISTATISTICALLY VALIDSURVEY BlADDITIONAL WORKSHOPS
The KTUAteam will create a survey designed to be mailed The KTUAteam recommends that a third workshop be A to approximately 3,000 randomly selected households in held during the draft master plan phase to share and get the city. The survey will provide critical information in de- community and stakeholder feedback on the draft recomA termining community values, satisfaction levels, needs and mendations. priorities, preferred marketing channels, level of aware- "‘ ness, current usage levels, and demographic information for long-range planning. Residents will be given the option A of either completing the mailed survey form or accessing the survey online using an individual passcode (included in A
the mailed survey) assigned to each household. This tech- _ nique is frequently used for parks, recreation, and community sun/eys and is effective in maintaining the random A
sample while also increasing response opportunities. The online version of the statistically valid survey will be com- - pliant with the Federal Section 508 (and WCAG guidelines) which ensures accessibility by people with disabilities. 9 Questions will be drafted based on collective staff and A
team input. The survey will be in English and translated into Spanish and made available in all versions for user input.

A To help improve response rates, the team will work with the city to assist with marketing and creating public awareness A of the survey through media and other channels, such as M°..h..a.a._.:mu:7,.eu<..L.:;l‘.L.¢a local newspaper, radio, cable TV, city website, and other A methods. All respondent comments will be included in the final report. The following tasks summarize major efforts v ‘
‘ for the survey:

Y "m"""'"""m"“M"' .-. M M’
_ _ _ j ..mu.......t u.....a.u.....u.......t...m .n. I G 609059 - Create survey questions in English and Spanish i*-=-'-5~=<-'- * jnvolucmdoj “ - Mail surveys randomly to 3,000 residences " ‘ '"
::':am35“'W’j‘-:=§;e°°:d':__W;e“;""f;‘;“
- Establish open survey, assist with announcements, and ?f?{_?;ii’,?,';’F_’__,,_,m,_,, Q distribute links Parnacnialtzlonesnlismr _ _ htIPk.Mvmo«urioca.Kw A
- Document survey findings
1 DESERTHOTSPRINGSI Parks&RecreationMasterPlan I 25 Item Number: 12.

02ITECHNICAL PROPOSAL ISchedule
PARKS AND RECREATION MASTER PLAN — 2022
MM2023MM

CITY OF DESERT HOT SPRINGS
TASK1:PUBLICOUTREACH

1.1 1.2
13 1.4

1.5 1.6

1.7 Create outreach plan
Create bilingual outreach plan
Project publicity
Community/stakeholder workshops
Parks committee meeting/workshop
Data consolidations — priorities ranking report
Report on citizen and stakeholder workshops
TASK2: PARKSANDRECREATIONMASTERPLAN

2.1 2.2

2.3 2.4

2.5 2.6
City demographics and future projections
Existing conditions- parks, trails, facilities, programs Proposed needs/demands -
Draft master plan
Planning Commission meeting -
Final master plan
TASK3: PROJECTMANAGEMENT

3.1 3.2

3.3 3.4

3.5 OPTIONALTASKS
A
B
Project kick-off meeting &site tour with City
Existing document and policy review
Team teleconferences (6)
Progress reports & scheduling
Quality control
Statistically valid survey
Additional workshop (Workshop #3
DESERTHOTSPRINGS i Parks&RecreationMasterPlan I 26 Item Number: 12.