HomeMy WebLinkAboutA9438 - COOP. AGREEMENT WDHP DRAINAGE PLANZ"FoltN�
City of Palm Springs
Engineering Services Department
3200 East Tahquitz Canyon Way • Palm Springs, California 92262
Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.paimspringsca.gov
TRANSMITTAL
DATE: August 22, 2023
TO: City Clerk
FROM: Vonda Teed, Engineering Administrative Specialist
for Joel Montalvo, City Engineer
SUBJECT: Cooperative Agreement West Desert Hot Springs Drainage Plan (MDP)
(A9438)
Message: Enclosed please find a fully executed original of the Agreement referenced above
for your records. If you have any questions, please contact Joel Montalvo, City
Engineer, (760) 322-8339.
Enclosure: Cooperative Agreement
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COOPERATIVE AGREEMENT
West Desert Hot Springs Master Drainage Plan (MDP)
Project No. 6-0-00831
This Cooperative Agreement ("Agreement"), in effect and dated as of
&PL 2023, is entered into by the Riverside County Flood Control and Water
Conservation District, a body politic ("DISTRICT"), the City of Desert Hot Springs, a municipal
corporation ("DESERT HOT SPRINGS"), and the City of Palm Springs, a municipal corporation
("PALM SPRINGS"). DISTRICT, DESERT HOT SPRINGS and PALM SPRINGS are
collectively referred to herein as 'PARTIES" and individually as "PARTY". DESERT HOT
SPRINGS and PALM SPRINGS are collectively referred to herein as "CITIES". PARTIES
hereto agree as follows:
RECITALS
A. CITIES wish to accommodate orderly growth in areas currently within their
respective City boundaries and spheres of influence by preparing the West Desert Hot Springs
Master Drainage Plan which will provide a comprehensive blueprint for the orderly development
of the necessary flood control and drainage system infrastructure (hereinafter, the "MDP" or
'PROJECT"); and
B. The proposed study area for the new MDP will encompass areas of interest
as mutually agreed by PARTIES; and
C. PARTIES agree that this is a collaborative effort, and that each agency plays
an important role in the successful completion of the PROJECT and agrees to be responsive and
diligent therein; and
D. DESERT HOT SPRINGS is willing to assume the lead engineering role for
the MDP and, therefore, will provide the administrative, technical, managerial and support
services necessary to plan and design the MDP; and
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E. DISTRICT is willing to provide technical advice, consultation and review
of various engineering elements of the MDP; and
F. DISTRICT is willing to assume the primary role for the preparation of the
Environmental Impact Report ("EIR"), related technical studies and California Environmental
Quality Act ("CEQA") findings for the MDP, although it is noted that DISTRICT is merely a
responsible agency; and
G. DISTRICT, in cooperation with DESERT HOT SPRINGS, (i) has selected
a qualified environmental consultant, Psomas, hereinafter called "ENVIRONMENTAL
CONSULTANT", to prepare the EIR, related technical studies and CEQA findings for the MDP;
(ii) has negotiated a fee of $200,000 for such services and (iii) subsequent to the execution of
this Agreement, will enter into a separate agreement with ENVIRONMENTAL CONSULTANT;
and
H. The cost of ENVIRONMENTAL CONSULTANT's contract shall be
shared equally between DISTRICT and DESERT HOT SPRINGS, including appropriate
expenses and any approved extra work; and
1. Prior to authorizing ENVIRONMENTAL CONSULTANT to perform any
work that exceeds the initial cost of $200,000, DISTRICT and DESERT HOT SPRINGS shall
mutually agree in writing that the additional services are desired, and DESERT HOT SPRINGS
and DISTRICT shall share the additional cost equally. The overall additional amount shall not
exceed $50,000. This additional amount may be approved by DESERT HOT SPRINGS' City
Manager and the DISTRICT's General Manager -Chief Engineer or his designee; and
J. PARTIES shall each be responsible for their respective staff costs and
expenses including the cost of any additional consultants retained by their agency to assist with
the administration of their respective responsibilities or with their review of
ENVIRONMENTAL CONSULTANT's work pursuant to this Agreement.
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NOW, THEREFORE, in consideration of the preceding recitals and the mutual
covenants hereinafter contained, PARTIES hereto mutually agree that the above recitals are true
and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
DESERT HOT SPRINGS shall:
1. Provide DISTRICT with copies of engineering documents prepared for the
MDP, including supporting documentation, for review, comment and approval to ensure
consistency with DISTRICT MDP standards.
2. Pursuant to CEQA, act as Lead Agency and assume responsibility for
adoption of all environmental documents for the MDP.
3. Within thirty (30) business days of executing this Agreement, pay
DISTRICT fifty percent (50%) of their total contribution of $100,000 for ENVIRONMENTAL
CONSULTANT's contract cost.
4. Review all deliverables prepared by ENVIRONMENTAL CONSULTANT
in accordance with the applicable DESERT HOT SPRINGS standards and provide any
comments to DISTRICT concerning the general completeness and adequacy within twenty-one
(2 1 ) days of receipt.
5. Pay DISTRICT for the remaining fifty percent (50%) of their total
contribution of $100,000 for ENVIRONMENTAL CONSULTANT's contract cost and their
additional share of any overage to the original contract amount as agreed upon pursuant to
Section I of the Recitals herein within thirty (30) business days of DISTRICT providing the Final
FIR to DESERT HOT SPRINGS.
6. If deemed appropriate by the City Council, in its sole discretion and
independent judgment, formally adopt the MDP, file the appropriate CEQA documents prepared
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by ENVIRONMENTAL CONSULTANT with the County Clerk and State Clearinghouse and
pay associated filing fees for the CEQA Notice of Determination.
7. Reimburse DISTRICT for 100% of their costs of the amount spent on
ENVIRONMENTAL CONSULTANT s contract if DESERT HOT SPRINGS elects not to
proceed with the preparation and/or adoption of the MDP.
SECTION II
PALM SPRINGS shall:
I. Act as Responsible Agency under CEQA, taking all necessary and
appropriate action to comply with CEQA for the MDP.
2. Review all deliverables prepared by the ENVIRONMENTAL
CONSULTANT in accordance with the applicable PALM SPRINGS standards and provide any
comments to DISTRICT concerning the general completeness and adequacy within twenty-one
(21) days of receipt.
3. Present the prepared MDP and CEQA documents to the Palm Springs City
Council for approval and adoption.
4. If PALM SPRINGS adopts the MDP, file the appropriate Responsible
Agency CEQA documents after DESERT HOT SPRINGS has adopted the MDP and filed the
appropriate Lead Agency CEQA documents.
SECTION III
DISTRICT shall:
1. Act as a Responsible Agency under CEQA, taking all necessary and
appropriate action to comply with CEQA for the MDP.
2. Assume the primary responsibility for the preparation of the MDP CEQA
documentation and the administration of ENVIRONMENTAL CONSULTANT's contract.
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3. Upon execution of this Agreement, issue a first invoice to DESERT HOT
SPRINGS' City Manager's Office for fifty percent (50%) of their total contribution of the
ENVIRONMENTAL CONSULTANT s contract cost.
4. Issue a second invoice to DESERT HOT SPRINGS' City Manager's Office
for the remaining fifty percent (50%) of their total contribution, including any additional costs,
of ENVIRONMENTAL CONSULTANT's contract cost upon delivering the Final EIR to
DESERT HOT SPRINGS.
5. Adopt the MDP and file the appropriate Responsible Agency CEQA
documents after DESERT HOT SPRINGS has adopted the MDP and filed the appropriate Lead
Agency CEQA documents.
SECTION IV
It is further mutually agreed:
l . PARTIES shall cooperate with the right to review and copy any records and
supporting documentation, provided disclosure of such records is not contrary to applicable law,
pertaining to the performance of this Agreement by any duly authorized representative of the
County of Riverside, the State of California or other regulatory agency (collectively, "Auditing
Parties"). DISTRICT agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment. DISTRICT agrees to allow the Auditing Parties access to such
records during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records.
2. DISTRICT shall indemnify, defend, save and hold harmless CITIES and
each of their respective officers, agents, servants, employees and independent contractors free
and harmless from any and all claims, demands, debts, suits, actions and causes of action of
whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, the
expenses of the defense of said parties and the payment of attorneys' fees in any such action,
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arising out of or in any manner connected with any act or omission of DISTRICT, its officers,
agents, servants and employees, done or performed pursuant to this Agreement.
3. DESERT HOT SPRINGS shall indemnify, defend, save and hold
harmless CITY OF PALM SPRINGS and DISTRICT and their respective officers, agents,
servants, employees and independent contractors free and harmless from any and all claims,
demands, debts, suits, actions and causes of action of whatsoever kind, nature or sort,
including, but not by way of limitation, wrongful death, the expenses of the defense of said
parties and the payment of attorneys' fees in any such action, arising out of or in any manner
connected with any act or omission of DESERT HOT SPRINGS, its officers, agents, servants
and employees, done or performed pursuant to this Agreement. DESERT HOT SPRINGS'
obligation hereunder shall be satisfied when DESERT HOT SPRINGS has provided to
DISTRICT the appropriate form of dismissal relieving DISTRICT from any liability for the
action or claim involved.
4. PALM SPRINGS shall indemnify, defend, save and hold harmless CITY
OF DESERT HOT SPRINGS and DISTRICT and their respective officers, agents, servants,
employees and independent contractors from any and all claims, demands, debts, suits, actions
and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation,
wrongful death, the expenses of the defense of said parties and the payment of attorneys' fees in
any such action, arising out of or in any manner connected with any act or omission of PALM
SPRINGS, its officers, agents, servants and employees, done or performed pursuant to this
Agreement. PALM SPRINGS' obligation(s) in this Section shall be satisfied when PALM
SPRINGS has provided to DISTRICT or DESERT HOT SPRINGS the appropriate form of
dismissal relieving DISTRICT or DESERT HOT SPRINGS, as the case may be, from any
liability for the action or claim involved.
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5. With respect to any action or claim subject to indemnification herein by
CITIES, DISTRICT and each of them, shall, at their sole cost, have the right to use counsel of
their own choice and shall have the right to adjust, settle or compromise any such action or claim
without the prior consent of DISTRICT; provided, however, that any such adjustment, settlement
or compromise in no manner whatsoever limits or circumscribes DESERT HOT SPRINGS or
PALM SPRINGS indemnification of DISTRICT as set forth herein.
6. In the event there is conflict between this Section IV and California Civil
Code Section 2782, this Section shall be interpreted so as to comply with Civil Code 2782, such
that no PARTY may be held liable for the active negligence of a public agency indemnitee. Such
interpretation shall not relieve PARTIES from indemnifying their respective indemnitees to the
fullest extent allowed by law.
7. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
8. This Agreement is to be construed in accordance with the laws of the State
of California.
9. Any action at law or in equity brought by any of the PARTIES hereto for
the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court
of competent jurisdiction in the County of Riverside, State of California, and the PARTIES hereto
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
10. Neither DESERT HOT SPRINGS, nor PALM SPRINGS, nor DISTRICT
shall assign this Agreement without the written consent of the PARTIES. Any attempt to
delegate or assign any interest herein shall be deemed void and of no effect.
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1 I . This Agreement is made and entered into for the sole protection and benefit
of the PARTIES hereto. No other person or entity shall have any right of action based upon the
provisions of this Agreement.
12. Any and all notices sent or required to he sent to the PARTIES of this
Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL
CITY OF DESERT HOT SPRINGS
AND WATER CONSERVATION DISTRICT
11-999 Palm Drive
1995 Market Street
Desert Hot Springs, CA 92240
Riverside, CA 92501
Attn: Doria Wilms, Interim City Manager
Attn: Joan Valle, Chief of Regulatory
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Joel Montalvo, MPA, PE, City Engineer
13. This Agreement is the result of negotiations between the PARTIES hereto
and the advice and assistance of their respective counsel. The fact that this Agreement was
prepared as a matter of convenience by DISTRICT shall have no importance or significance.
Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT
because DISTRICT prepared this Agreement in its final form.
14. Any waiver by DISTRICT, or DESERT HOT SPRINGS, or PALM
SPRINGS of any breach by any other party of any provision of this Agreement shall not be
construed to be a waiver of any subsequent or other breach of the same or any other provision
hereof. Failure on the part of DISTRICT, or DESERT HOT SPRINGS, or PALM SPRINGS to
require from any other party exact, full and complete compliance with any of the provisions of
this Agreement shall not be construed as in any manner changing the terms hereof or stopping
DISTRICT, or DESERT HOT SPRINGS, or PALM SPRINGS from enforcing this Agreement.
15. This Agreement is intended by the PARTIES hereto as a final expression of
their understanding with respect to the subject matter hereof and as a complete and exclusive
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statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection therewith. This
Agreement may be changed or modified only upon the written consent of the PARTIES hereto.
16. No alternation or variation of the terms of this Agreement shall be valid
unless made in writing and signed by all PARTIES, and no oral understanding or agreement not
incorporated herein shall be binding on the PARTIES hereto.
17. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in parties not parties to this Agreement.
18. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which taken together shall constitute one and the same
instrument. Each PARTY of this Agreement agrees to the use of electronic signatures, such as
digital signatures that meet the requirements of the California Uniform Electronic Transactions
Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17) for executing this Agreement. The
PARTIES further agree that the electronic signatures of the PARTIES included in this Agreement
are intended to authenticate this writing and to have the same force and effect as manual
signatures. Electronic signature means an electronic sound, symbol or process attached to or
logically associated with an electronic record and executed or adopted by a person with the intent
to sign the electronic record pursuant to CUETA as amended from time to time. CUETA
authorizes use of an electronic signature for transactions and contracts among parties in
California, including a government agency. Digital signature means an electronic identifier,
created by computer, intended by the party using it to have the same force and effect as the use
of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this
section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of
Section 1633.2 of the Civil Code.
[Signatures on next pages]
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on
(to be fill d 4 by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
By W4By �(,(jLe ti. IS
J SON E. UHL KAREN SPIEGEL, Chair
dederal Manag r-Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM:
MING TRAN
COUNTY COUNSEL
By 46= —
KRISTINE BELL-VALDEZ
Deputy County Counsel
ATTEST:
KIMBERLY RECTOR
Clerk of the Board
By
Deputy
(SEAL)
Cooperative Agreement w/City of Desert Hot Springs and Palm Springs
West Desert Hot Springs MDP
05/30/23
JDS:rlp
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AUG 012023 Itl
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
By JenniferMizrahi
JENNIFER A. MIZRAHI
City Attorney
251310
CITY OF DESERT HOT SPRINGS
By Doria Wilms
DORIA WILMS
Interim City Manager
ATTEST:
By Jerry[ Soriano
JERRYL SORIANO, CMC
City Clerk
(SEAL)
Cooperative Agreement w/City of Desert Hot Springs and Palm Springs
West Desert Hot Springs MDP
05/31/23
JDS:Tlp
11-
Riverside County MDP
Final Audit Report 2023-07-13
Created: 2023-07.13
By: CD Admin (cdadmin@cityofdhs.org)
Status: Signed
Transaction ID: CBJCHBCAABAA4134PO96UGA-EOZnR6Gpq !OODMOCS
"Riverside County MDP° History
Document created by CD Admin (cdadmin@cityofdhs.org)
2023-07.13. 6:53:55 PM GMT- IP address: 47.176.24.242
E'r Document emailed to Jennifer Mizrahi gennifer.mizrahi@streamkim.com) for signature
2023-07-13- 6:54:59 PM GMT
Email viewed by Jennifer Mizrahi Qennifer.mizrahi@streamkim.com)
2023-07-13 - 6:55:11 PM GMT- IP address: 34.227.59.238
6o Document e-signed by Jennifer Mizrahi aennifer.mizrahi@streamkim.com)
Signature Date: 2023-07-13 - 8:09:38 PM GMT - Time Source: server- IP address: 104.174.14.47
E1 Document entailed to Doria Wilms (dwilms@cityofdhs.org) for signature
2023.07-13. 8:09:37 PM GMT
Email viewed by Doria Wilms (dwilms@cityofdhs.org)
2023-07-13 - 8:16:06 PM GMT- IP address: 47.175.24.242
do Document e-signed by Dora Wilms (dwilms@cityofdhs.org)
Signature Date: 2023-07-13 - 8:16:55 PM GMT - Time Source: server- IP address: 47.176.24.242
C. Document emailed to jsoriano@cityofdhs.org for signature
2023-07-13- 8:16:57 PM GMT
63 Email viewed by jsoriano@cityofdhs.org
2023-07-13 - 9:37:59 PM GMT- IP address: 47.176.24,242
do Signer jsoriano@cityofdhs.org entered name at signing as Jerryl Soriano
2023-07-13 - 9:39:45 PM GMT- IP address: 47.176.24.242
do Document e-signed by Jerryl Soriano Qsoriano@cityofdhs.org)
Signature Date: 2023-07-13 - 9:39:47 PM GMT - Time Source: server- IP address: 47.176.24.242
Adobe Acrobat Sign
® Agreement completed.
2023-07-13 - 9:39A7 PM GMT
Adobe Acrobat Sign
DocuSign Envelope ID. W598C 1-89B4-4AA6-AA66-E i DF6E498831
APPROVED AS TO FORM:
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JEFFREY S. BALLINGER
City Attorney
251310
CITY OF PALM SPRINGS
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SCOTT C. STILES
City Manager
ATTEST:
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By54C89]0a]EXISE
BRENDA PREE
City Clerk
Cooperative Agreement w/City of Desert Hot Springs and Palm Springs
West Desert Hot Springs MDP
05/3123
JDS:rlp
-12-
DocuSign
Certificate Of Completion
Envelope Id'. 5A2598C189844AA6AA66ElDF6E498831
Status. Completed
Subject: Complete with DocuSign: OHS RCFC PS MOP Cooperative Agreement
Source Envelope:
Document Pages: 13 Signatures: 3
Envelope Originator:
Certificate Pages: 5 Initials: 0
Vonda Teed
AutcNav: Enabled
3200 E. Tahquitz Canyon Way
Envelopeld Stamping: Enabled
Palm Springs, CA 92262
Time Zone: (UTC-08:00) PedBc Time (US A Canada)
vmda.teed@palmspnngsoa.gov
IP Address: 47.176.125.90
Record Tracking
Statue: Original
Holder Vonda Teed
Location: OccuSlgo
7/26/2023 10:47:40 AM
vonds.teed@palmspnngsca.gov
Security Appliance Status: Connected
Pool: SlaleLo`al
Storage Appliance Status: Connected
Pool: City of Palm Springs
Location: DoouSign
Signer Events
Signature
Timestamp
Jeff Ballinger
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Sent: 7282023 10:51:32 AM
Jeff.Satrnger@bbklaw.com
Viewed: 725/2023 1:04:15 PM
City Attamel,
"'"""'
Signed: 7262023 1:04:33 PM
Laval: Emal, Account Authentication
None)
nature Adoption: Pre -selected Style
Using IP Address: 74.116.243.2
Electronic Record and Signature Disclosure:
Accepted: 7262023 1:04:15 PM
ID: a2942cb0-2340.4600.982Sb9r40376d62
Scott Stiles
°""r"°'E Sent: 7262023 1.04:34 PM
smtt.sdles@palmspnngsca.gov
[Uff Siilt.i Viewed: 72620231:54:09 PM
Secury Level: Email, Account Authentication
°"reEE°EOEbH Signed: 7262023 1:64:18 PM
(None)
Signature Adoption: Pre selected Style
Using IP Address: 47.176.125.90
Electronic Record and Signature Disclosure:
Accepted: 7I262023 1.54:09 PM
ID: a3B37882.5f98.49e5-ataB-082dlae0634c
Brenda Pree
Sent: 7I26d20231:54:19 PM
Brencia.Pree@palmspringsp.gov
''__es�vElp^1M°r
Uru�Aa Prt.t. Viewed: 7282023 1:66:12 PM
City Clerk
s.cseworroE.ec Signed: 7262023 1:55:18 PM
Security Level: Eml Account Authentication
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 47.170.125.90
Electronic Record and Signature Dleclosure:
Accepted: 91 2022 8:21:01 AM
Ip 9be06ae2-09d"f55-b669-fla3d98leee3
In Person Signer Events Signature
Timestamp
Editor Delivery Events Status
Timestamp
Agent Delivery Events Status
Timestamp
Intermediary Delivery Events Status
Timestamp
CertiFled Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Brenda Pree COPIED Sent: 7/26.12323155,19 PM
B rend a. Pme @palmspnngsw.g ov
Brert Ras,
brent.msi@paimspdngsca.gov
Deputy City Clerk
City of Palm Springs
Signing Group: City Clerk
Security level: Email, Account Authentication
(NoreI
Electronic Record and Signature Disclosure:
Accepted: 97/2D22 8:21:01 AM
IC SbeC6ae2-09deJ85Sb6b9.fla3d93leee3
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timostamps
Envelope Sent
Hashec/Encrypted
7/2612023 10:51:32 AM
Cert.fied Dwvered
Security Checked
7/26/2023 1:55:12 PM
Signing Complete
Security Checked
7/26/2023 1:55AS PM
Completed
Security Checked
7/2612D23 1 55:19 PM
Payment Events Status Timestamps
Electronic Record and Signature DIsclosure
Attachment 1: Vicinity Map
L
INARYTTONS
Master Drainage Plan Boundary
City/County Boundary
Freeway/Highway
Major Roads
WEST DESERT
HOT SPRINGS
MDP BOUNDARY
J
t
,.' • r4
1
ILL IIIIIIII W. Id
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
WEST DESERT
HOT SPRINGS
MASTER DRAINAGE PLAN
If