HomeMy WebLinkAboutC40020 2021-2029 Housing and Safety Elements 6th Planning Cycle.Lr
STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: May 28, 2020
PREPARED BY: Eric Ceja, Principal Planner
Jessica Gonzales, Senior Management Analyst
REQUEST: Authorize award of Contract No. C40020 to Terra Nova Planning &
Research, Inc. for the update of the City's 2021-2029 Housing &
Safety Elements 6th Planning Cycle in the total amount not to exceed
$88,062.
Recommendation
By Minute Motion that the City Council:
1) Waive any and all irregularities and authorize the award of Contract No. 40020
to Terra Nova Planning & Research, Inc. ("Terra Nova") for the update of the
City's 2021-2029 Housing & Safety Elements 6th Planning Cycle in the total
amount not to exceed $88,062 (includes $73,385 for contracted professional
services and up to $14,677 for additional extra work). Funds are available in
account number 1104470-4309000; and
2) Authorize legal counsel to finalize the draft Professional Services Agreement,
in substantial form; and
3) Authorize the City Manager or designee to review and approve written
requests for the use of the contingency amount not to exceed $14,677 for
additional extra work as necessary; and
4) Authorize the Mayor and/or the City Manager to execute the agreement,
including any amendments, and to take any action deemed necessary for the
purpose of effectuating the services and the actions taken herewith.
5) Authorize the Finance Director to estimate revenues in an amount of
$160,000, to account number 1100000-3347200.
Strategic Plan
This award of this contract helps to achieve the following Goals of the City's Envision
Palm Desert Strategic Plan:
Land Use, Housing and Open Space — "Facilitate development of high -quality housing
for people of all incomes" and "Utilize progressive land use policies and standards to
support ongoing and future needs."
W IStaff Reports - Shareffiralt Reports105-28 20MCommunity Development Housing DivisionWousing Element SR and Attachments - PRINTEMCC SR Housing Element Consultant Contract Award 5.28 20 doc
May 28, 2020— STAFF REPORT Contract No. C40020
City — Award of Contract to Terra Nova
Page 2 of 3
Background
On October 24, 2019, the City Council approved an application to the California
Department of Housing and Community Development ("HCD") for Senate Bill 2 ("SB 2")
Planning Grants Program ("Grant") funds. On March 10, 2020, the City received an
award letter from HCD conditionally approving the Grant application for the total amount
of $160,000. The Grant application was for assistance with the City's 2021-2029
Housing & Safety Elements 6th planning cycle update and for the exploration of a
Housing Specific Plan and Environmental Impact Report intended to streamline housing
approvals and accelerate housing production within the City.
The City's Housing Element was last updated and approved by HCD on June 19, 2013
and the City's Safety Element was approved on November 10, 2016. The deadline set
by HCD for the next update is October 2021, which includes a concurrent update of the
Housing Element and the Safety Element. Although the update for both plans isn't due
until October 2021, the City needs to commence the work in 2020.
On March 11, 2020, the City issued a Request for Proposal ("RFP") seeking a qualified
consultant to help prepare an update to the City's Housing & Safety Elements and the
associated environmental assessment, consistent with State housing law. The RFP was
circulated through Planet Bids, the City's electronic bid system. On Wednesday, April
10, 2010 at 2:00 p.m., proposals were due and the following two (2) bids were received:
r+
Terra Nova Palm Desert, CA $73,385
Dudek Riverside, CA $128,990
Staff evaluated the proposal based on the selection criteria identified in the RFP, which
included clarity and conformance of the proposal to the RFP, content of the proposal,
including the project approach, experience and past performance on similar projects,
team members' experience, performance and proposal fee. Terra Nova was found to be
best qualified and able to fulfil the needs of the City within the available timeline.
Services cover unquantifiable activities that may arise and are necessary for the
completion and approval of the proposed services and work. The City has until June 30,
2022, to complete all activities under the Grant but a contingency may be necessary to
complete extra work and services in the amount not to exceed $14,677. Staff also
recommends that the City Manager or her esignee be authorized to review and
approve written requests for the use of the contingency for unforeseen conditions that
require additional work.
The Grant award is for $160,000 and does not require a local match. The Grant is on a
reimbursement basis, requiring the City to pay for any costs under the Grant and then
seek reimbursement from HCD. Staff intends to use the grant funding to cover the
May 28, 2020— STAFF REPORT
City — Award of Contract to Terra Nova
Page 3 of 3
Contract No. C40020
expense of the contracted services and any additional work, including any ancillary work
that may be necessary. Funds were approved in the current fiscal year budget for this
State -mandated plan, in account number 1104470-4309000.
Staff recommends approval based upon the qualifications of Terra Nova's team
members and the determination that they are best suited to perform the professional
services to update the City's 2021-2029 Housing & Safety Elements 6th Planning Cycle.
Fiscal Analysis
The fiscal impact of this contract is the cost of the contract itself in the amount of
$73,385 plus any contingency in the amount not to exceed 14,677 (as necessary for
additional extra work) which will be paid from the funds in the FY 2019/2020 approved
budget.
LEGAL REVIEW
N/A
Robert W. Hargreaves
City Attorney
DEPT. REVIEW
Ryan Stendell
Director of Community
Development
City Manager, Lauri Aylaian: 29
FINANCIAL REVIEW ASSISTANT CITY
MANAGER
ya v&r1w. 7W%ou
Janet Moore
Director of Finance
CONSULTANT: Terra Nova Planning & Research, Inc.
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
ATTACHMENTS: Draft Professional Agreement
Terra Nova
0444 arkw ine
Andy Firestine
Assistant City Manager
Draft for Discussion Contract No. 00020
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
Contract No.
PARTIES AND DATE.
This Agreement is made and entered into this _281h_ day of _May , 2020_, by
and between the City of Palm Desert, a municipal corporation organized under the laws of the
State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California 92260-2578, County of Riverside, State of California ("City") and TERRA NOVA
PLANNING & RESEARCH, INC., A CORPORATION, in the state of California, with its principal
place of business at 42635 Melanie Drive, Suite 101, Palm Desert CA 92211 ("Consultant"). City
and Consultant are sometimes individually referred to herein as "Party" and collectively as
"Parties."
RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
Housing and Safety Element Update, and corresponding environmental documents
prepared in accordance with the California Environmental Quality Act ("CEQA') including special
studies and related services (hereinafter referred to as "the Project').
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the services necessary for the Project ("Services"). The
Services are more particularly described in Exhibit "A" attached hereto and incorporated herein
by reference. All Services shall be subject to, and performed in accordance with, this Agreement,
the exhibits attached hereto and incorporated herein by reference, and all applicable local, state
and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE`**] to
[***INSERT DATE***], unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established schedules
and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor: Control and Pavment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and
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other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached
hereto and incorporated herein by reference. Consultant represents that it has the professional
and technical personnel required to perform the Services expeditiously. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows:
3.2.5 City's Representative. The City hereby designates Eric Ceja, Principal
Planner, or his/her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the scope of Services or change
the total compensation due to Consultant under this Agreement. The City Manager shall be
authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates
, or his/her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
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shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately
agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees
that if the Services are not completed within the aforementioned Performance Time and/or
pursuant to any such Performance Milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations: Emplovee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 EmDlovment Eligibility: Consultant. Consultant certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.4 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
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3.2.11.1 Minimum Requirements. Without limiting Consultant's
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liabilitv Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
(B) Automobile Liabilitv Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City's Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liabilitv (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers' Compensation Insurance. Consultant shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees and volunteers.
(E) Umbrella or Excess Liabilitv Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer's liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies; and
(4 Policies shall 'follow form" to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess
policies.
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(F) Fidelity Coveraqe. (IF APPLICABLE) Consultant shall
provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits
shall be no less than $1,000,000 per occurrence.
(G) Cvber Liability Insurance. (IF APPLICABLE) Consultant
shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss,
which shall include the following coverage:
(1) Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and regulatory fines
arising from such theft, dissemination or use of the confidential information.
(2) Network security liability arising from the unauthorized use of, access to, or
tampering with computer systems.
(3) Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services intended.
(4) Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep- linking or
framing, and infringement or violation of intellectual property rights.
(5) Liability arising from the failure to render professional services
If coverage is maintained on a claims -made basis, Consultant shall maintain such
coverage for an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primarv/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) Citv's Riqhts of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
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withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company, currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against the City, its elected or appointed officers, agents, officials, employees and volunteers, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(1) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide to City with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the
performance of the Agreement, under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant's insurance shall apply separately
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to each insured against whom claim is made or suit is brought, except with respect to the insurer's
limits of liability. The policy(ies) shall not contain any cross -liability exclusions.
(M) Pass Throuqh Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other parry involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. 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. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City's Riqht to Revise Specifications. The City and Risk
Manager reserve the right at any time during the term of the Agreement to change the amounts
and types of insurance required by giving the Consultant ninety (90) days advance written notice
of such change. If such change results in additional cost to the Consultant, the City and Consultant
may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(0) Self -Insured Retentions. Any self -insured retentions must
be declared to and approved by City. City reserves the right to require that self -insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Qualitv Manaqement and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City's ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
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not exceed Eighty -Eight Thousand and Sixty Two Dollars ($88,062) without written approval of
the City Council or City Manager, as applicable.
3.3.2 Pavment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailingi Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request, and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, and volunteers free and harmless from any claim
or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
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subconsultant that affect Consultant's performance of Services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Aareement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Terra Nova Planning & Research, Inc.
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
ATTN: Nicole Criste
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City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Eric Ceja, Principal Planner
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentialitv.
3.6.3.1 Documents & Data: Licensing of Intellectual Prooertv. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re -use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
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upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification — Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other
proprietary right of any person or entity in consequence of the use on the Project by City of the
Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & 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 the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. 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. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, and agents from and against all liability, loss, cost or expense (including attorney's
fees) arising out of a legal action brought to compel the release of Proprietary Information. City
shall not release the Proprietary Information after receipt of an objection notice unless either: (1)
Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City
harmless from any legal action brought to compel such release; and/or (2) a final and non -
appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reservedl
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, and agents free and harmless from any and all claims, demands, causes
of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property
or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
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72500.00001 \32374887.1 11
Draft for Discussion Contract No.
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subconsultants or agents in connection with the performance of the Consultant's Services, the
Project or this Agreement, including without limitation the payment of aU expert witness fees,
,attorney's fees and other related costs and expenses except such loss or damage caused by the
sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive
expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if
any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold
harmless arises out of Consultant's performance as a "design professional" (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not
exceed the Consultant's proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 Citv's Right to Emplov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assiqnment; Subcontractinq. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
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Draft for Discussion Contract No.
3.6.14 Amendment: Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 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, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authoritv to Enter Aqreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[Signatures on Next Page]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND TERRA NOVA PLANNING & RESEARCH, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT TERRA NOVA PLANNING & RESEARCH,
INC.
By:
Gina Nestande, Mayor
By:
Its:
ATTEST: Printed Name:
By: By:
Grace L. Rocha, City Clerk
Its:
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Printed Name:
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72500.00001\32374887.1 -14-
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of California
County of
On , 20_, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
F- Individual
L Corporate Officer
Title(s)
Partner(s)
Attomey-In-Fact
l Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Limited
General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of California
County of
On , 20_, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
Attomey-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
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72500.00001 \32374887.1
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Contract No.
EXHIBIT "A"
SCOPE OF SERVICES
To be included after award.
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72500.00001\32374887.1 Exhibit "A"
Contract No.
EXHIBIT "B"
SCHEDULE OF SERVICES
To be included after award.
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72500.00001\32374887.1 Exhibit "B"-1
Contract No.
EXHIBIT "C"
COMPENSATION
To be included after award.
(BB&K 2019)
72500.00001\32374887.1 Exhibit "C"-1
PROPOSAL TO PREPARE
THE CITY OF PALM DESERT
HOUSING & SAFETY ELEMENT UPDATES
Prepared for:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Prepared by:
r
L J Terra Nova Planning & Research, Inc.°
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
April 2020
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
City of Palm Desert
Housing & Safety Element Updates
Table of Contents
Tableof Contents..............................................................................................................1
TransmittalLetter..............................................................................................................2
I. EXPERIENCE AND TECHNICAL COMPETENCE...............................................................3
A. Housing Element Projects .........................
B. General Plan Update Projects ...................
II. FIRM STAFFING & KEY PERSONNEL.............................................................................7
A. Terra Nova............,
B. Staff Qualifications
........................................ 7
........................................ 7
Ill. APPROACH & SCOPE OF WORK................................................................................10
IV. FEE PROPOSAL.........................................................................................................15
A. Cost Estimate........................................................................................................15
B. Terra Nova Fee Schedule......................................................................................17
Page 1 of 17
r I
L J TERRA NOVA PLANNING & RESEARCH, INC. D
Mr. Eric Ceja April 10, 2020
Principal Planner
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
RE: Proposal to Prepare the City of Palm Desert Housing & Safety Element Updates
Dear Eric:
Terra Nova Planning & Research is pleased to submit this proposal for the preparation of the City's 61h Cycle
Housing Element Update, for the period from 2021 to 2029; and the mandated Safety Element updates regarding
fire hazards, climate resilience and flooding. We believe that we are the best qualified firm for this project
because:
■ We prepared the City's current Housing Element (5"' Cycle), as well as its 3" and 4" Cycle updates.
■ We are very familiar with the City's Housing Element history, including the prior court settlement.
■ We have prepared Housing Elements, both free-standing and as part of General Plan Updates, for most of the
cities of the Coachella Valley, including Palm Springs, Cathedral City, Rancho Mirage and La Quinta.
■ We are located in the City, and have a good understanding of the City's land use patterns, flooding and
geotechnical issues and housing goals for the future.
I will be the City's prime contact, should we be selected for this project. I can be reached at 760-341-4800, or by
email at ncriste terranovaplan ninR.com. We look forward to having the opportunity to discuss this proposal with
you further. If you have any questions or require additional information, please feel free to contact me.
Certification of Proposal
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.
Litieation
As required by the City's RFP, Terra Nova has not been involved in litigation on any project in the last 5 years.
Addenda
We acknowledge receipt and review of Addenda 1, 2, 3 and 3B posted on PlanetBids.
Sincerely,
Nicole Sauviat Criste
Principal
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800
Terra Nova/City of Palm Desert
Housing & safety Element Updates
City of Palm Desert
Housing & Safety Element Updates
I. EXPERIENCE AND TECHNICAL COMPETENCE
Because of our long history with the City, we have gathered and developed extensive background
information, including the demographics needed for the Housing Element Update. We also believe that
we have a good working relationship with City staff, and an understanding of the political environment
and vision for the future embodied in the General Plan. We believe that this understanding, coupled
with our physical location only minutes away from City Hall, will support the effective completion of the
Housing and Safety Element Updates in a time -efficient and cost-effective manner.
We foresee a close working relationship with City staff, where we work together in gathering data,
formulating document drafts, and developing policy changes where needed. Our proposal is based on
our knowledge of the City, and in particular our previous Housing Element work. Our "ramp up" for the
Housing Element Update will be relatively short as a result, enabling us to dive into the Update quickly
and efficiently.
We also have a strong track record in working with the Department of Housing and Community
Development {HCD} to achieve compliance. Although HCD can be difficult to work with, we have
successfully secured HCD approval for all 12 Housing Elements we completed in the 4" and 5t" Cycles.
We intend to maintain that track record for Palm Desert in this Update.
The following provides descriptions of independent Housing Element projects, and General Plan updates
that included Safety Elements.
A. Housing Element Projects
Terra Nova has compieted Housing Element Updates for many of the cities of the Coachella Valley, and
for cities of similar size elsewhere in Riverside and San Bernardino counties. Specifically, we completed
50 Cycle updates for the cities of Palm Springs, Rancho Mirage, Palm Desert and La Quinta, and the Town
of Apple Valley; and 41' Cycle updates for the cities of Palm Springs, Cathedral City, Rancho Mirage and
Palm Desert, Blythe, and the Towns of Apple Valley and Yucca Valley. We have also been retained by the
Page 3 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
City of Cathedral City to prepare their 6th Cycle Housing Element Update. We are particular proud that
our Housing Element clients have relied on us for multiple Housing Elements, and that we have been
able to consistently receive certification from HCD for our clients.
City of Palm Desert Housing Element Update
Terra Nova updated the Housing Element for the City of Palm Desert for the 3rd, 4t1 and 511 Cycle planning
periods. For the most recent Update, the City's limited higher density vacant land inventory posed the
greatest challenge, and extensive work was undertaken to identify and characterize sites for re -zoning
to satisfy the City's RHNA. Negotiations with HCD were extensive, but resulted in certification by HCD.
Reference: Mr. Ryan Stendel1, Director of Community Development, City of Palm Desert, (760) 346-0611
City of Rancho Mirage Housing Element Update
Terra Nova updated the Housing Element for the City of Rancho Mirage for the last four update Cycles.
The primary issue with the most recent Update was associated with the vacant land inventory, and the
need to restrict lands within the newly adopted Section 19 Specific Plan for affordable housing, which
provided the only area in the City with high density residential land use designations. The element was
certified by HCD and adopted by the City Council.
Reference: Mr. Jeremy Gleim, ❑irecto r of Development Services, City of Rancho Mirage, (760) 328-2266.
(Please note that Bud Kopp and Randy Bynder, who were instrumental in the last updates of their
Housing Element, have both retired. Mr. Gleim has experience with Terra Nova's work on other projects.)
City of Ea Quinta Housing Element Update
Immediately following the second comprehensive update of the City's General Plan, Terra Nova was
retained to complete the 5th Cycle update for the Housing Element. Issues centered on the land
inventory, and required changes and additions to the Zoning, Ordinance to allow for greater density. The
use of the Mixed Use zone was also critical in demonstrating that the City had sufficient capacity to
accommodate its RHNA. The element was certified by HCD and adopted by the City Council.
Reference: Mr. Les Johnson was the Director of Design and Development at the City at the time. Mr.
Johnson is now Community Development Director at the City of Seal Beach, (562) 431-2527, extension
1313.
City of Palm Springs Housing Element Update
Terra Nova updated the City of Palm Springs' Housing Element for the 4th and 5th Cycles. As with most
Coachella Valley cities, the issues associated with the sites inventory were critical to both updates.
Another significant issue was the patchwork of Agua Caliente Band of CahuiIla Indians lands, which could
not be included in the inventory. The element was certified by HCD and adopted by the City Council
during both cycles.
Reference: Mr. Edward Robertson, Principal Planner, City of Palm Springs, (760) 323-8245
Page 4 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
Town of Apple Valley Housing Element Update
Terra Nova updated the Housing Element for the Town of Apple Valley in conjunction with a major
General Plan Update, and again for the 511 Cycle update. The primary issues associated with this Housing
Element related to Apple Valley's very low density development and its ability to meet affordable
housing needs as a result. The Housing Element and General Plan addressed density issues through the
creation of a Mixed Use designation, and the expansion of the inventory of High Density lands. The
element was certified by HCD and adopted by the Town Council.
Reference: Ms. Lori Lamson, Assistant Town Manager, Community and Development Services, Town of
Apple Valley, (760) 240-7000, extension 7204
B. General Plan Update Projects
In addition to its work on Housing Elements, Terra Nova has completed General Plan Safety Elements as
part of comprehensive General Plan Updates. The most recent, currently under way for the City of
Cathedral City, includes all of the currently mandated Safety Element updates for flooding, fire
protection and climate resiliency.
City of Cathedral City General Plan Update (2002 and 2020) and EIR
Terra Nova was selected to prepare a comprehensive update to the CITY OFCATFIEVRALCITY'
City's 2002/2009 General Plan, which Terra Nova also prepared. The
update, which is scheduled for adoption this Spring, was prepared in COMPREHENSIVE
the context of changing circumstances in the City and the GENERALPLAN
requirements of the California General Plan Guidelines (2017). Only
certain elements were identified for a comprehensive update but
each element was evaluated and revised based on new technical data y. '
and information, and the new requirements of the State Guidelines.
New technical studies were limited to traffic, noise, and air
ualit GHGs• however, information on hydrology, geology,
q Y/ � Y gYr g gY.
population and housing were updated using Terra Nova's substantial r
in-house resources. Two new elements, Environmental Justice and
Healthy and Sustainable Community, were also prepared as a part of
this update. An Active Transportation Plan was prepared and
incorporated in relevant General Plan elements. A comprehensive CEQA EIR and a wide range of
administrative support services, including a public outreach program, were also a part of this General
Plan update effort. In addition, Terra Nova has been selected to prepare the City's 202161h Cycle Housing
Element Update, which will be under way shortly.
Reference: Mr. Robert Rodriquez, Director of Planning, City of Cathedral City, (760) 770-0322,
Page 5 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
City of La quinta General Plan (2002 and 2013), Greenhouse Gas Reduction Plan, Zoning Ordinance
Update and EIR
Terra Nova was the prime contractor and principal author of a +
Comprehensive General Plan Update and associated Environmental
Impact Report for the City of La quinta in 2002 and again in 2013. The Chapter If
City's 85 square mile planning area included a large sphere of COMMUNITY DEVELOPMENT
influence. The 2013 effort included the addition of Economic LAND UBE
OREU��'
Development and Livable Community elements, and the Consolidation LIVAUECDMMUNITY
of the General Plan into a single document (the General Plan had E`°"°�'E°EVLt0PME"'
• PARKS. FECRE MN AND
previously included a Master Environmental Assessment and a Policy „�L5
document). The 2013 effort also included a comprehensive update of KOUS4NG
the City's Zoning Ordinance to assure conformance with the General
Plan. The Environmental Impact Report as essed the environmental
resources of the City as well as the impacts associated with ,
implementation of the General Plan. Areas of analysis included
transportation, important biological and cultural resources, and the
full range of environmental conditions typically addressed in General Plans. Terra Nova also prepared a
comprehensive Greenhouse Gas Reduction Plan to help the City reduce its greenhouse gas emissions to
meet State mandates.
Reference: Mr. Les Johnson was the Director of Design and Development at the City at the time. Mr.
Johnson is now Community Development Director at the City of Seal Beach, (562) 431-2527, extension
1313.
Town of Apple Valley General Plan, Climate Action Plan,
`%g,' TOWN OF APPLE VALLEY'
Development Code Update and EIR
"A GENERAL PLAN
Terra Nova was the prime contractor and principal author for the
Town's first comprehensive update of its General Plan since
incorporation. The primary issues associated with the update related
to the extremely high rate of growth the Town had been
experiencing, and continued to experience during the update
process. The balancing of the traditionally rural character of the
community and development pressures toward more urban densities
Texe N Ap4. 1'JY
was key to the update. The associated EIR included a complex traffic
study that included freeway and State highway expansion, and , y
greatly increased traffic volumes. Terra Nova also prepared an award- • �'m �:„; •
winning Climate Action Plan for the Town, and undertook a
comprehensive update of its Development Code to ensure
consistency with the General Plan and adding Mixed Use zoning standards and incentives.
Reference: Ms. Lori Lamson, Assistant Town Manager, Community and Development Services, Town of
Apple Valley, (760) 240-7000, extension 7204
Page 6 of 17
M
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
City of Palm Desert
Housing & Safety Element Updates
II. FIRM STAFFING & KEY PERSONNEL
A. Terra Nova
Terra Nova has been providing planning and environmental services to a wide range of pulblic agencies,
including all cities of the Coachella Valley, the County of Riverside, the Towns of Apple Valley and Yucca
Valley, the City of San Bernardino, and other agencies, including the Coachella Valley Association of
Governments, College of the Desert and the Coachella Va#ley Water District since 1984. During that time,
we have prepared General Plans and Housing Elements and Updates for multiple jurisdictions, starting
in 1987, when we prepared the City of Rancho Mirage's Housing Element for the 2nd Cycle. Since that
time, we have completed a varying number of Elements for the cities of the Coachella Valley, including
Palm ❑esert's 3`d 41h and 51h Cycle updates.
The following section provides brief resumes of Terra Nova key personnel. All personnel listed will be
fully involved in the project, and have availability to perform the scope of work detailed in this proposal.
Nicole Sauviat Criste will manage the project, coordinate all staff activities, and be the primary contact
for the City and State agencies, including HCD and the State Fire Marshall and others. Andrea Randall,
who has worked on two of the prior three Palm Desert Housing Element updates, will be primary author,
and will be assisted by Kelly Clark. Research and documentation of the Safety Element will be undertaken
primarily by Ms. Clark.
B. Staff Qualifications
The following provides brief resumes of the staff who will be involved in the project, should Terra Nova
be selected.
Nicole Sauviat Criste
Principal & Project Manager
Ms. Criste has led Terra Nova's Housing Element efforts since the firm's inception. Her experience with
Housing Elements has included Palm Desert (3'11, 4th and 51h Cycles), Rancho Mirage (2"d, 3", 411 and 511
Cycles), Cathedral City (3`d and 4" Cycles), Palm Springs (4th and 5th Cycles), Blythe (2nd, 3`d and 4th Cycles),
Page 7 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
Yucca Valley (2"113d and 41h Cycles), and Apple Valley (4th and 5th Cycles). For the 3`d Cycle (1998-2006),
Ms. Criste completed and received certification from HCD for five Housing Elements. In the 41h Cycle
(2006-2013), Ms. Criste completed and received certification from HCD for seven Housing Elements, and
for the 5th Cycle (2013-2021), she completed and certified five Elements.
Ms. Criste was also the Principal in charge of the La Quinta General Plan updates in both 2002 and 2013,
the Town of Apple Valley General Plan, and the Banning General Plan. In Palm Desert, she most recently
was responsible for the ❑SRT SURF Specific Plan and EIR, which was approved by the City in 2019.
Since 1981, Ms. Criste has conducted extensive land use analysis, development design, market research
analysis and marketing strategy development. Her land use/market feasibility experience has included
the analysis and application of demographic research to determine real estate and development trends,
focused marketing campaigns, and to gauge project feasibility,
With Terra Nova since 1985, Ms. Criste has researched and assisted in the preparation of environmental
documents for all the cities of the Coachella Valley, the U.S. Bureau of Indian Affairs, Federal Highway
Administration, Farmer's Home Administration and the Economic Development Administration.
Ms. Criste also works extensively in current planning, assisting the cities of La Quinta, Palm Springs,
Rancho Mirage, Banning, San Bernardino, and Yucca Valley in the processing of applications ranging from
Specific Plans to Use Permits. Her experience in this area ranges from the staffing of planning department
to individual case work and preparation of Initial Studies and Mitigation Monitoring Programs.
Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies.
Andrea Randall
Senior Planner
Ms. Randall has been a professional planner since 1993 and has been with Terra Nova since 1998. She
has worked on a variety of General Plan and Specific Plan projects, and has prepared and managed
numerous CEQA and NEPA analyses. Her most recent experience with Housing Element Updates
included both Palm Desert and Apple Valley during the 4" and 51h Cycles.
She has an in-depth knowledge of the diverse socio-economic landscape of the Coachella Valley, has
prepared several analytical models of its communities, and is principal author of the Cathedral City
General Plan's environmental justice and demographics analyses. She also completed fiscal impact
analysis models for Palm Desert when the City last considered annexation of its Sphere of Influence.
Ms. Randall played an important role in a 10,000-acre annexation and associated analysis on lands near
the Colorado River, and has assisted in securing state and federal incidental take permits for major
developments in the Coachella Valley.
Page 8 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
Ms. Randall has also conducted predevelopment planning analysis for a variety of projects, including the
COD West Valley Campus, Paradise Valley Market feasibility Study and Fiscal Impact Analysis, the
Coachella Valley Multiple Species Habitat Conservation Plan Fiscal Impact Analysis, and analyses for a
number of annexations and residential subdivisions.
Ms. Randall graduated Magna Cum Laude with a Bachelor's degree in Urban Affairs and Planning from
the Virginia Polytechnic Institute and State University.
Kelly Clark
Associate Planner
Ms. Clark joined Terra Nova in 2011. Since that time she has provided research and analysis required for
CEQA and NEPA documents, local green building policies and various development projects throughout
the Coachella Valley, including Initial Studies for projects in Desert Hot Springs, Palm Desert, San
Bernardino and Twenty-nine Palms. She also contributed to the preparation of the College of the Desert
Palm Springs and Indio Educational Center EIRs. Ms. Clark provided demographic and research support
for the five Housing Elements completed by Terra Nova in the S'h Cycle.
She has developed a strong technical understanding of air quality and greenhouse gas modeling, and
prepares air quality models, including most of the air quality and GHG analyses for more than 50 Initial
Studies, Mitigated Negative Declarations, EIRs and NEPA documents. She has recently completed or is
currently the project manager for a variety of projects, including the CEQA EIR and permitting for the
Coachella Valley Stormwater Improvement project, and the DSRT SURF Specific Plan.
Ms. Clark authored significant portions of the Coachella Valley Water District's Chromium-6 Compliance
Project EIR. She was a part of the planning team for the Rancho Cucamonga Foothill Boulevard BRT
corridor study, a SCAG Compass Blueprint Demonstration Project. She has also prepared more than a
dozen Water Supply Assessments in the counties of Riverside, Kern, San Bernardino and Los Angeles.
She is a graduate of the University of California, Berkeley, receiving a Bachelor of Science degree in
Conservation and Resource Studies. Ms. Clark is a member of the American Planning Association.
Page 9 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
City of Palm Desert
Housing & Safety Element Updates
Ill. APPROACH & SCOPE OF WORK
Housing Element
The City's Housing Element is currently certified. The current element identifies capacity for 2,294 units
in its Land Inventory. The City's draft final Regional Housing Need Allocation (RHNA) is 2,7851. The City
therefore has identified most of the land it needs to meet the RHNA. The recently adopted General Plan
also allows for greater densities than were allowed during the 5th Cycle, which will ease the identification
of additional sites, including the urban areas in the City's Core and Downtown. The analysis needed in
the 6th Cycle Update will focus on Zoning consistency with the General Plan, and assuring that Zoning is
appropriate to support the required RHNA. In addition, the Element will need to be comprehensively
reviewed and revised to address three major items:
1. Changes in demographics since the last Update.
2. Changes in State law stemming from the State's current focus on the housing crisis, including
additions required of Housing Elements.
3. Site inventory additions to account for the larger RHNA allocation for the planning period.
Policies and programs will need to be reviewed, amended and supplemented to address these issues,
We would not, however, anticipate significant changes in the policy direction of the document, beyond
the updates necessary to conform to the General Plan.
The Housing Element Update is governed by the requirements of State law, and has been further
constrained by the State's 2018 and 2019 legislative sessions, which added requirements to Housing
Elements that further define the City's facilitation of the development of housing for all income levels.
Safety Element
The General Plan Safety Element was last updated in 2016. Since that time, the State has approved
legislation which requires that Safety Elements be updated to include:
1. The latest updates to fire severity zones, which the State Fire Marshall has recently updated, and
associated data, policies and programs;
' SCAG, February 27, 2020,
Page 10 of 17
Terra Nova/City of Palm desert
Housing & Safety Element Updates
2. Data, policies and programs to support the City's hazard mitigation planning as it relates to
climate change and resilience; and
3. Identification of neighborhoods or projects with less than two emergency evacuation routes.
We propose to review the existing Safety Element, make recommendations on necessary changes, and
collect the data necessary in GIS to prepare comprehensive maps and exhibits for inclusion in the
Element. We will also submit the draft to the State for review, as required by Government Code,
CEQA Review
We propose an Initial Study for this project, likely leading to a Negative Declaration or Mitigated Negative
Declaration. Although both the Housing and Safety Elements will be amended, the amendments are not
expected to result in significant increases in environmental impacts, beyond those identified in the
General Plan ElR. In the case of the Housing Element, changes in zoning to accommodate additional land
inventory are not expected to be substantial, given the City's current inventory and the increased
densities included in the General Plan. In the case of the Safety Element, although fire hazard zones are
likely to cover a greater area, they will not significantly change the policy and programs of the Element.
Scope of Work
■ Task 1 - Meetings & Consultation:
o Terra Nova will prepare for and attend one Kick Off meeting and three (3) meetings with staff
during the preparation of the Housing & Safety Element Updates. In addition, Terra Nova staff
will confer with City staff on project status monthly.
o Terra Nova will assist City staff in monitoring the progress of the City's RHNA allocation until
it is determined final by the Department of Housing and Community Development (HCD).
Although the scope of this effort is difficult to determine, since it is dependent on outside
forces, we have allocated up to 12 hours under Meetings and Consultation. Should an appeal
of the RHNA be undertaken, the research associated with this effort has been accounted for
as a separate optional task, and allocated up to 30 hours.
■ Task 2 - Community Workshoos: Incoordination with City Staff, prepare for, coordinate and staff
three community workshops (one with the Planning Commission and 2 with other Committees
or Commissions at the City's discretion) and document the input received from all parties.
■ Task 3: Research and Data Collection:
o Review the City's General Plan, Zoning Ordinance and approved projects and develop clear
understanding of the land use context for the Housing Element. This review will include
checking existing Zoning standards and requirements which may have been affected by
recent State legislation, including accessory dwelling units and junior accessory units,
Page 11 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
standards and definitions for reasonable accommodation, single room occupancy,
transitional and supportive housing, etc. This task will result in a compiled list of required
amendments, as needed.
❑ Review existing policies and programs of the Housing Element, and develop analysis of
progress made in addressing each of them. Identify policies and programs that require carry-
over into the Update, eliminate those that have been completed, and determine new
programs that may be necessary for the 2021-2029 planning period.
❑ Update demographic section to include current (2019 and 2020, as available) information,
such as US Census annual Community Surveys, SLAG, California Department of Finance,
current housing stock and values, etc.
❑ Work with staff to determine what sites will be needed in the vacant lands inventory to meet
the City's RHNA. Sufficient sites are expected to be available for above moderate income
households, and potentially for moderate income households in the City's lower density
designations. For very low and low income households, high density and mixed use lands will
need to be identified. As required by the State's 2018 Housing Package (AB 1397), the
inventory will include assessor's parcel numbers, demonstrate that the sites are serviced by
utilities and infrastructure, and include an analysis of realistic density.
o Expand constraints analysis as required by AB 879, including review of Municipal Code
requirements that may impact the cost of housing, non -governmental constraints related to
reduced density proposals, etc. Assure that programs are included in the revised Element, if
necessary, to remove all constraints.
o Review Safety Element and develop understanding of additional information needed to bring
flooding, fire and climate resiliency components up to date with State requirements. Collect
data and GIS information from State sources, and update maps as needed. Develop additions
and revisions to policies and programs and prepare recommendations for City staff review.
o Review other General Plan elements, including Land Use, and assure internal consistency.
Propose amended language or mapping as needed, and provide to City staff for review.
■ Task 4 - Housing & Safety Element Drafting: Incorporate research and documentation from Task
3 into revised Element documents. Develop new and amend existinggoals, policies and programs
to reflect the research and documentation described above. Also draft any amendments to other
elements of the General Plan as needed, and in coordination with City staff package as one City -
initiated General Plan Amendment.
• Task 5 — State Review and Revision: Submit the draft Housing Element document for HCD review,
coordinate response to comments from HCD with City staff, and draft modifications to Update
as necessary. For purposes of this proposal, we have assumed two (2) reviews by HCD, not
Page 12 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
including the certification review. Following adoption by the City Council, Terra Nova will submit
the document for certification by HCD, and coordinate the process on behalf of the City. For the
Safety Element, the document will be submitted to State OES for review, and amended as
necessary to assure compliance.
Is Task 6 - CEClA Review: Prepare CEQA Initial Study and Checklist and public notice documentation.
We propose a Subsequent Initial Study tiered from the General Plan EIR. That document is recent
(2016), conditions in the City have not substantially changed, and the General Plan included
increases in density and intensity that will have been reviewed in the EIR, and will be applied to
the Housing Element. As regards the Safety Element, the changes that will be required to meet
State mandates are not substantive when compared to the existing General Plan, and no
significant increase in impacts is anticipated.
• Task 7 - Notices and Tribal Consultation: Prepare NO1, NOD, and other CEQA notices as needed.
Terra Nova will transmit notices to the County, and provide notices to the City for posting at City
Hall and publication in the Desert Sun, Terra Nova will also prepare the required letters to Tribal
representatives, and transmit those letters on the City's behalf. Should a Tribe request
consultation, Terra Nova will coordinate a meeting at City Hall to include City staff.
• Task 8 - Public Hearings: Assist staff in the preparation of staff reports, resolutions, and other
presentation materials, and attend up to three (4) public hearings (Planning Commission and City
Council).
• Task 9 — Final Documents: Terra Nova will provide General Plan amendments to assure
compliance of these documents with the adopted and certified Housing Element Update and final
Safety Element. Documents will be provided in Word and PDF formats for the City's use.
Page 13 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
Project Schedule
The project schedule is provided below. It is consistent with the tasks described above.
Task
Task 1: Meetings &
Consultation
Task 2: Community
Workshops j3j
Task 3: Research &
Data Collection
Task 4: Element
Drafting
Task 5: State Review
(HC❑ & OE5), 1st Draft
(60 days)
Task 5: Amend
Elements per State
Comments
Task 5: HCD Review Z"
Draft (60 days)
Task 6: Prepare &
Circulate Initial Study
i20 daysl
"task 7: Prepare CEOA
Notices & Tribal
Consultation
Task & Planning
Commission Hearings
(2)
Task 8: City Council
Hearings (2)
Task 9: File NOD and
Prepare Final
Documents
Adopted Document
Review by
HCD/Certification
Cathedral City Housing Element Update
Project Schedule
5/20 6/20 7/20 8/20 9/20 10/20 11/20 12/20 1 1/21 2/21
3/21 1 5/21 6/21
Page 14 of 17
M
IV. FEE PROPOSAL
A. Cost Estimate
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
City of Palm Desert
Housing & Safety Element Updates
City of Palm Desert
Housing & Safety Element Updates
Project Budget
Staff Member
Task
Subtotal
Task Total
City Team Meetings , Internal Meetings, etc.
$5,100,00
(20 hrs @ $195./Hr.)
$3,900.00
(4 hours @ $160./Hr.)
$640.00
(4 hrs @ $140./Hr.)
$560.00
Public Outreach - 3 Workshops
$4,045.00
(15 hours @ $195./Hr.)
$2,925.00
(8 hrs @ $140./Hr.)
$1,120.00
Review of City Documents & Existing Elements
$4,800,00
(16 hrs @ $160./Hr.)
$2,560.00
(16 hrs @ $140./Hr.)
$2,240.00
Update Housing & Safety Elements
$30,160.00
(48 hrs @ $195./Hr.)
$9,360.00
(60 hours @ $160./Hr.)
$9,600.00
(80 hrs @ $140./Hr.)
$11,200.00
Exhibit Preparation - Safety Element
$1,950,00
(30 hrs @ $65./Hr.)
$1,950.00
Page 15 of 17
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
HCD Reviews and Amendments (2 reviews)
$5,850.00
(30 hrs @ $195./Hr.)
$5,850.00
CEQA Initial Study, SB 18 Consultation, N01, NOD
$6,880.00
(8 hours @ $160./Hr.)
$1,280,00
(40 hrs @ $140./Hr.)
$5,600.00
Project Management, Staff Report Support
$5,850.00
(30 hrs @ $195./Hr.)
$5,850.00
Preparation and Attendance at Public Hearings (4)
$1,950.00
(10 hrs @ $195./Hr.)
$1,950.00
Administrative Support
$900.00
(20 hrs @ $45./Hr.)
$900.00
Miscellaneous Office Expenses: copies, postage, etc.
$500,00
$500,00
Total Housing & Safety Element Update Costs
$67,985.00
Optional Task: RHNA Appeal Research and Documentation
$5,850.00
(30 hrs @ $195./Hr.)
$5,850.00
Total Project Costs with Optional Task
$73,385.00
Page 16 of 17
MNb
B. Terra Nova Fee Schedule
Terra Nova/City of Palm Desert
Housing & Safety Element Updates
Terra Nova invoices its clients on a cost -basis using an hourly billing system. Reimbursable expenses are
charged on a cost basis, except where otherwise indicated. The current fee schedule is provided below:
Terra Nova Staff
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Graphic design Specialist
Administrative Assistant
REIMBURSABLES
Photo Copies
(8.5"X11"BW)
(8.5" X 11" Color)
(11" X 17" BW)
(11" X 17" Color)
Large Format Plots
BW
Color
Telephone Toll Charges
FAX Transmittals
Reproduction, Special photographic services,
document printing, aerial photogrammetry, postage, etc.
Page 17 of 17
Hourly Rate
$ 195.00
$ 160.00
$ 140.00
$ 115.00
$ 65.00
$ 45.00
$ 0.15 ea.
$ 0.30 ea.
$ 0.30 ea.
$ 0.60 ea.
$ 1.00/S.F.
$ 5.00/SF
Cost
Cost
Cost
SIAIE-OF CAL IFORNIA - Rl1SINESS—C-ONF MF_R SERVif:FS ANC] Hn[JRING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 1 FAX (916) 263-7453
v Avw.hcd.Ga.4ov
March 10, 2020
Ryan Stendell
Director of Community Development
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
RE: 2019 Planning Grants Program Award
Dear Ryan Stendell:
, f.AVIN NFWSf]M. Governor
The California Department of Housing and Community Development (Department) is
pleased to announce that the City of Palm Desert has been approved for funding under
the SB 2 Planning Grants Program (Program). The Department has determined that the
application submitted in response to the Notice of Funding Availability released on
March 28, 2019, meets Program requirements. This letter, therefore, constitutes a
conditional commitment of an award in the amount of $160,000.
The Program reflects the state's commitment to work in partnership with local
governments to address California's critical housing needs. Local governments are
using the grant awards to accelerate housing production by streamlining the approval of
affordable housing and promoting development consistent with the state's planning
priorities, among other related activities,
Congratulations on your successful application. Staff will be contacting you shortly to
initiate the process of preparing the Standard Agreement for fund distribution. For
further information, please contact John Buettner at (916) 263-1500.
Sincerely,
3".K (;�-
Zachary Olmstead
Deputy Director