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HomeMy WebLinkAboutSUPPTL INFO - EIR Cornishe @ BighornFebruary 23, 2007 Phil Joy, Associate Transportation Planner CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 RECEIVPP MAR -1 2007 QaaliVniF Re: CONTRACT AMENDMENT TO COMPLETE CORNISHE AT BIGHORN FINAL EIR Dear Dear Phil:: In the fall of last year, we spoke about the prospect of the Cornishe at Bighorn project applicant concluding deliberations around a new preferred project definition and the need to complete the environmental review process under CEQA. We had already advised the City that we would need to amend our existing contract with the City as we had expended the Final EIR allowance provided in the original contract. The process to do so that we agreed upon was as follows. I was to speak with Patrick Perry of Allen Matkins Leck Gamble & Mallory, legal counsel to the Cornishe applicant to request a copy of the new two -unit site plan and such other details as we would need to prepare an assessment as part of the Final EIR. Based on this input, PCR was to determine what the contract amendment should be and what it should address and the amendment sum was to be transmitted to Perry so that he could confer with his client. With his client's concurrence, Perry was to speak with you to inform the City that the applicant agreed and was prepared to pay the additional amendment sum to the City. Each of these steps has now occurred and I understand that Mr. Perry has also informed you of his client's concurrence. In addition, you, Steve Smith (Acting City Director of Community Development), Patrick Perry and I had a teleconference today to discuss same. This letter is PCR's formal request to the City of Palm Desert for an amendment to our existing contract in the amount of $27,500, all of which is required to complete the Final EIR task Of this total sum, $10,000 will be needed to prepare an evaluation of the new, preferred two -unit alternative, $10,000 will be needed to complete responses to public comments submitted during the public review period (assuming one iteration of comments from the City including any comments that may be provided by the applicant through the City), $2,500 will be necessary to prepare a Mitigation Monitoring and Reporting Program, and $5,000 will be necessary to redress the amount of $2,250 by which the Final EIR task allowance has already been over -expended as well as provide a small contingency. No additional budget is being sought regarding the ongoing Meetings & Hearings and Other Direct Costs tasks, both of which have unexpended budgets. This amendment is based on the assumption that recirculation of any part of the Draft Environmental Impact Report and that redline/strikeout modification of the Draft EIR to account for changes necessitated by public comments during the public review period will not be required. In addition, I understand that preparation of requisite municipal resolutions, with associated findings and a Statement of 233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401 ItITEPNEI www.pernet.com TEL 310.451 .4488 Fax 310.451.5279 Phil Joy, Associate Transportation Planner CITY OF PALM DESERT February 23, 2007 - Page 2 Overriding Condition, and a Notice of Determination will be undertaken by other as will filing of the Notice of Determination with the Riverside County Clerk. We will be prepared to commence this effort upon receipt of a fully executed amendment from the City, pursuant to our contract, and to complete the effort as directly thereafter as feasible. I hope that this information is sufficient for your needs to prepare the appropriate documentation. Please call me directly with questions or additional needs. Sincerely, PCR SERVICES CORPORATION Gregory J. Broughton President cc Steve Smith, Acting City Director of Community Development CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Patrick Perry ALLEN MATKINS LECK GAMBLE & MALLORY 515 South Figueroa Street, 7th Floor Los Angeles, CA 90071-3398 RECEIVED MAR - 1 2007 Allen Matkins Via Electronic and First Class Mail March 5, 2007 Mr. Philip Joy, City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law 515 South Figueroa, 7ih Floor I Los Angeles, CA 90071-3398 Telephone: 213.622.5555 I Facsimile: 213.620.8816 www.allenmatkins.com Patrick A. Perry E-mail: pperry@allenmatkins.com Direct Dial: 213.955.5504 File Number: F3263-002/LA750004.01 Re: Cornishe of Bighorn - Tentative Tract Map No. 31676 Dear Phil: Our office has received a copy of the Contract Amendment to Complete Comishe of Bighorn Final EIR prepared by PCR Services Corporation, dated February 13, 2007. The cost included in the proposed Contract Amendment is $27,500 for completion of the Final EIR. I have reviewed the proposed Contract Amendment, and Cornishe of Bighorn is prepared to pay up to $27,500 for the completion of the Final EIR, provided, however, that the City shall not authorize any additional cost for the completion of the Final EIR beyond the $27,500 agreed to herein without the prior written consent of Cornishe of Bighorn. Morever, upon completion of the Final EIR, Comishe of Bighorn shall be entitled to the return of any funds not used for completion of the EIR plus any interest accrued thereon. Please indicate your acceptance of the proposed arrangement by executing the acceptance below and returning the signed document to me at your earliest convenience. Your prompt attention to this request is greatly appreciated. Please call with any questions or if I can provide additional information with respect to the foregoing. Very truly yours, otZ/ Patrick A. Perry PAP ACCEPTANCE: I hereby accept the foregoing terms and conditions on behalf of the City of Palm Desert. Dated: March 2007 City of Palm Desert Los Angeles I Orange County I San Diego I Century City I San Francisco I Del Mar Heights