Loading...
HomeMy WebLinkAboutC31340 Update Title 25 - ZoningCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVAL OF CONTRACT NO. c31340 , A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $123,762 WITH PMC WORLD, TO UPDATE TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE. SUBMITTED BY: CONSULTANT: DATE: CONTENTS: Recommendation Tony Bagato, Principal Planner PMC World 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 November 10, 2011 CONTRACT NO. c31340 By Minute Motion, that the City Council approve a professional services agreement with PMC World, in the amount of $123,762 for services required to update Title 25 (Zoning) of the Palm Desert Municipal Code to be consistent with the General Plan. Funds for this agreement are available in Account No. 400-4470-412-3090. Executive Summary Approval of the staff recommendation will approve a contract with PMC World to assist staff with updating the Chapter 25 (Zoning) of the Palm Desert Municipal Code. The purpose of the update is to create a user-friendly Zoning Ordinance, to eliminate internal inconsistencies, and to implement required updates to be consistent with the 2004 City of Palm Desert General Plan, as is required by Section 65860 of the Government Code of the State of California. Discussion As part of the recently approved budget for the city, the City Council approved $150,000 for the update of the Zoning Ordinance. Staff recently prepared, advertised and distributed a Request for Proposal (RFP) for specialty consulting services associated Staff Report PMC World Agreement November 10, 2011 Page 2 of 3 with this update work. Four responses were received and were evaluated based upon: overall response to the proposal; understanding of the needs of the City; relevant experience with cities comparable to Palm Desert; overall approach; and cost of the proposed services. In addition, local firms were given additional points towards the overall scoring. Based upon the criteria used to evaluate the proposals, PMC World was identified as the top -ranked firm. The overall ranking was: 1. PMC World, Rancho Cordova, CA 2. Jacobson & Wack / RBF Consulting, Bakersfield, CA / Morro Bay, CA / Palm Desert, CA 3. Terra Nova Planning and Research, Inc., Palm Desert, CA 4. The Planning Center / MSA Consulting, Inc., Santa Ana, CA / Rancho Mirage, CA The cost of the proposal submitted by PMC was $117,342 for the scope of services identified in the RFP. After being top -ranked, staff identified several other items that would need to be included in the Zoning Ordinance update and requested an amended cost proposal. The cost with the additional services needed is $123,762. The cost of the proposed agreement is less than the $150,000 approved by the City Council in the annual budget process. Staff has negotiated a professional services agreement with PMC World based upon a detailed scope of services that includes: • Conducting meetings with staff from multiple departments to identify technical shortcomings of the Zoning Ordinance and inconsistencies between it and other portions of the Municipal Code; • reviewing and restructuring of the current Zoning Ordinance to facilitate usability, minimize redundancies, and eliminate internal conflicts and inconsistencies; • defining development standards for those land use designations in the General Plan that are not currently reflected in the Zoning Ordinance; • providing clear definition of the authorities, responsibilities, approval and appeals processes involving the Zoning Administrator, Architectural Review Commission, Planning Commission, and City Council; • producing graphic illustrations to clarify complex issues and regulations; GAPlanning\Tony Bagato\Staff Reports\ZOA\Zoning Ordinance\PMC World - staff report.docx Staff Report PMC World Agreement November 10, 2011 Page 3 of 3 • consolidating various landscaping requirements and restrictions that are currently spread throughout the Municipal Code into a single, cohesive treatment in the Zoning Ordinance; • revising sections of the code that no longer reflect current State law; and • presenting the revised ordinance to the Planning Commission and City Council for their consideration and adoption. A detailed description of the scope of services is provided in Exhibit A of the subject agreement. The work necessary to update the Zoning Ordinance is expected to take one year to complete, including the associated internal review periods. Fiscal Impact The 2011 — 2012 Capital budget includes $150,000 for work associated with the update of the zoning ordinance. Approval of this contact will leave approximately $26,000 for contingency and reproduction of the final document. Submitted by: P<Tony Bagato Principal Planner Approval: A ---- Paul Gibson, D re6tor of Finance Jon P. Wohlmuth ity yAanager Lauri Aylaian Director of Community Development CITY COUNCTLAQ�'IO1V APPROVED vV DFp,� RECEIVED OTHER Original on File with City ii rk's Office GAPlanning\Tony Bagato\Staff Reports\ZOA\Zoning Ordinance\PMC World - staff report.docx CONTRACT NO. C31340 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this day of , 2011, ("Effective Date") by and between the CITY OF PALM DESERT ("City") and PMC, a California Corporation ("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties"). WITNESSETH WHEREAS, City desires to retain Consultant as an independent contractor to perform certain technical and professional consulting services in connection with the updating of Title 25 (Zoning) of the Palm Desert Municipal Code project, subject to the terms and conditions specified below, in the documents attached and incorporated herein, and applicable federal, state and local law. NOW, THEREFORE, in consideration of performance by the Parties of the mutual promises, covenants, and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services 1.1 Nature of Services. Consultant shall provide professional and technical services on a non-exclusive basis, as more particularly described in Section 3, below, and in Exhibit A, Scope of Work and Methodology 1.2 Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its direct supervision, and all personnel engaged in the work shall be qualified, and shall be authorized or permitted under state and local law to perform such services. 1.3 Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.4 Consultant Representative. For the purposes of this Agreement, the Consultant's project manager, who will serve as the Consultant Representative regarding performance of services, shall be Jeff Beiswenger ("Consultant Representative"). 1.5 Time of Commencement. The execution of this Agreement by the Parties does not constitute an authorization to proceed. A separate written Notice to Proceed shall be issued by the City Representative, and Consultant shall not commence work until receipt of such written Notice(s) to Proceed, as further set forth in Sections 2 and 3, below. PMC World ZOA Agreement - 10-26-11 (1) (tracked changes by PMC).doc CONTRACT NO. c31 340 1.6 Time of Performance/Time is of the Essence. Consultant shall commence the services contemplated under this Agreement immediately upon receipt of a written Notice to Proceed from the City, and shall prosecute to completion each task listed in Section 3 in a timely and diligent manner in accordance with the schedule appended to this agreement as Exhibit B. 2. Services by City: 2.1 City Representative. For the purposes of this Agreement, the City Representative shall be Tony Bagato, or such other person designated by the City's Executive Director ("City Representative"). Provision of Data. All information, data, reports and records and maps as are existing and available from the City and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge by City, and City shall cooperate in every way reasonable in the carrying out of the work without delay. 3. Consultant's Scope of Work. Upon delivery by City to Consultant of a written Notice to Proceed, Consultant shall immediately commence work pursuant to this Agreement. Consultant's scope of work shall consist of the services in Exhibit A appended to this Agreement. 3.1 Reporting & Record Keeping. To assist City in the performance of its planning, reporting, and financial administration obligations, Consultant shall, throughout the term of this Agreement, keep City reasonably informed of progress on work required under this Agreement, and of any problems or delays, anticipated or otherwise, associated with each aspect of the work. Consultant shall promptly respond to any request by City for information, progress reports, or documentation. Consultant shall maintain accurate records of all work performed for each Assignment under this Agreement, including but not limited to originals or copies, as applicable, of all deliverable documents described in Exhibit A. Upon the completion of work, and if requested by the City, Consultant shall deliver to City the originals of all renderings, models, or documentation produced, and may retain copies of such documentation, at Consultant's election. 3.2 Compliance with Laws. Consultant shall at all times possess any and all licenses and permits necessary to provide the services herein, and shall make every reasonable effort to comply with applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, and with any applicable City of Palm Desert policies and guidelines. 3.3 Confidentiality. Except as otherwise permitted or required by law, Consultant shall maintain as confidential and shall not disclose any and/or all information received in the course of performing pursuant to this Agreement. Consultant shall promptly inform the City in the event Consultant receives a subpoena or court order requiring disclosure of confidential information. i; CONTRACT NO. C31_ 40 4. Compensation. City shall pay Consultant for the Services provided under this Agreement on the following basis. 4.1 Not -to -Exceed Fee: City shall pay to Consultant a total amount not to exceed $123,762 for the basic services described in Exhibit A. Total amount shall include all expenses incurred on behalf of the project, including but not limited to, any travel expenses, long distance telephone calls, reproduction, express delivery and courier services, postage, and other expenses directly attributable to the project. The Consultant will provide the City with one hard copy and electronic copies of documents prepared for review and discussion. Payment shall be made on a monthly basis, based upon progress made with regard to each task identified in Exhibit A, during the previous calendar month. The not -to -exceed fee shall not be exceeded without written agreement between the parties. 4.2 Additional Services: Additional services beyond those described in Exhibit A shall be reimbursed on a time -spent basis at the hourly rates described in Exhibit C. City shall not be obligated to compensate Consultant for additional services performed without advance authorization from the City Representative. 4.3 Extraordinary Expenses/Costs. No claims for additional services, expenses or costs incurred by Consultant will be allowed unless such additional services, expenses or costs are authorized by City in writing prior to the performance or incurrence of such services, expenses or costs. Any additional services, expenses or costs authorized by the City shall be compensated at rates mutually agreed upon by the parties in writing. 5. Method of Payment. 5.1 Invoices. Consultant shall submit to City invoices each month for all services, if any, completed pursuant to this Agreement during the preceding month. The invoices shall describe the services rendered during the period. City shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. 5.2 Payment. City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amounts set forth in Section 5. 5.3 Audit of Records. At any time during regular working hours, all records, invoices, time cards, cost control sheets and other records maintained by Consultant shall be available for review and audit by the City. 6. Ownership of Work Product. 6.1 Property of City. All documents including but not limited to plans, bids, proposals, correspondence, permits, certificates, contracts, change orders, invoices, receipts, reports, analyses or other written material developed or obtained by Consultant in the performance of this Agreement, including any and all intellectual property rights arising therefrom ("Work Product"), shall be and remain the property of the City without restriction or limitation upon its use or dissemination by City. Promptly 3 CONTRACT NO. C31340 upon the completion of each Assignment, or at any other time upon reasonable notice to Consultant by City, Consultant shall deliver all Work Product to City. 6.2 Re -Use of Work Product. City and Consultant agree that all documents, other than invoices, prepared by Consultant pursuant to this Agreement shall be used exclusively for the subject project, and shall not be used for any other work without the mutual agreement of the Parties. Such material shall not be the subject of a copyright application by Consultant. In the event Consultant permits the re -use or other use of such Work Product, City shall require the party using them to indemnify and hold harmless City and Consultant regarding such re -use or other use. In the event City re -uses such Work Product on any project other than the project for which they were prepared, such re -use shall be at the sole risk of City unless City compensates Consultant for such reuse. 7. Conflict of Interest/Prohibited Conduct and Interests 7.1 Conflict of Interest. Consultant and its officers, employees, associates and sub -consultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant shall retain the right to perform similar services for other clients, but Consultant and its officers, employees, associates and sub -consultants shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub -consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 7.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gifts, or any 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 terminate this Agreement without notice or liability; or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 7.3 No Financial Interest - City. No officer, member or employee of City during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that to their knowledge no member of the City Council, or officer or employee of City, has any interest, whether contractual, non -contractual, financial or otherwise, in this Agreement, or the subject matter thereof, nor any business or financial relationship with Consultant, and that if any such interest comes to the knowledge of either Party at any time, a full and complete disclosure of all such information will be made in writing to C! CONTRACT NO. C31340 the other Party or Parties, even if such interest would not be considered a conflict of interest under applicable laws. 7.4 No Financial Interest — Consultant. Consultant hereby covenants, on behalf of itself, and its officers, employees, agents and representatives, that at the time of executing this Agreement it has no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. At no time during the term of this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on Consultant's behalf, accept anything of value from any contractor or sub -contractor performing services in connection with the HIP. 8. Indemnification. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold the City and City's elected officials, officers, employees, agents and designated volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees, court costs, and expert witness fees incurred by City, arising out of or in any way connected with, in whole or in part, the negligent or wrongful acts or omissions of Consultant, or any of Consultant's officers, agents, employees or contractors, in the performance of this Agreement, including but not limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of Consultant. The provisions of this paragraph shall not apply to claims arising out of the sole negligence or willful misconduct of City, any of City's elected officials, officers, employees or agents. In addition to the foregoing, Consultant shall indemnify, protect, defend and hold harmless the City of Palm Desert, its officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the Consultant, its officers, agents, employees or sub -consultants (or any entity or individual that the Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. 5 CONTRACT NO. c31340 9. Insurance. Consultant will maintain insurance in conformance with the requirements set forth below. If Consultant's existing coverage does not meet the requirements set forth here, it will be amended to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. 9.1 Workers' compensation and employer's liability. Consultant shall provide Workers Compensation and Employer's Liability Insurance on an approved polic form providing benefits as required by law with employer's liability limits no less that �1,000,000 per accident or disease. 9.2 Professional Liability or Errors and Omissions. Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must contain a provision establishing the insurer's duty to defend. The policy retroactive date must be on or before the effective date of this agreement. 9.3 Automobile liability. Consultant shall provide auto liability coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be met through a non -owned auto endorsement to the CGL policy. 9.4 Waiver. If the Consultant does not carry Worker's compensation coverage, or if the Consultant will not operate any vehicles at any time within the scope of the services in the agreement, provisions for these coverages may be waived upon review and approval of the City's Risk Manager. 10. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its officials, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. City agrees that City shall not, during the term of this Agreement, nor for a period of one year after termination, solicit for employment, hire or retain, whether as an employee or independent contractor, any person who is or has been employed by Consultant. Should City desire to hire Consultant's employee, City agrees to pay Consultant equitable compensation for the loss of said employee. 11. Non -Assignability; Subcontracting. Consultant shall not assign or subcontract all or any portion of this Agreement without the City's prior, written consent. Any attempted or purported assignment or sub -contracting by Consultant shall be null, void and of no effect. 12. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, sub -contractor, or applicant for employment because of race, color, creed, religion, sex, n CONTRACT NO. c3i 34o marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. This clause shall be included in any contract prepared or approved by Consultant in connection with performance of its services under this Agreement. 13. Cooperation. In the event any claim or action is brought against Redevelopment Agency or City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which Agency or City might require. So long as the claim or action is determined not to be caused by the negligence of the Consultant, City shall pay Consultant at its standard hourly rates to provide such assistance. 14. Termination. The right is reserved to the City and Consultant to terminate this agreement at any time upon 20 days written notice. In any such case, the Consultant shall be paid the reasonable value of the services rendered to the date of the notice, based upon Consultant's standard hourly rates. The Consultant shall keep adequate records to substantiate costs and provide copies of any and all records of services rendered or costs incurred in the event of termination. 15. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be delivered to the Parties at the following addresses: City: John M Wohlmuth, City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 With a copy to: Tony Bagato City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 776-6417 7 CONTRACT NO. C31340 Consultant: Mr. Philip O. Carter, President PMC 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Tel: (916) 361-8384 Fax: (916) 361-1574 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either Party to this Agreement shall commence any legal action or proceeding for damages for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and experts' costs. 18. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. No promise or representation, whether oral or written, express or implied, that is not set forth herein, shall be binding or have any force or effect. This Agreement may not be amended, nor any provision waived, except in a writing signed by the Parties which expressly refers to this Agreement. 20. Partial Invalidity. In case any provision of this Agreement should be deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired thereby. 21. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. CONTRACT NO. cam] 40 22. Waivers. No waiver of any breach or default of any term or provision of this Agreement shall be deemed a waiver of any other term or provision of this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. CONSULTANT By: Its: PMC CITY OF PALM DESERT By: JEAN M. BENSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO FORM DAVID J. ERWIN, CITY ATTORNEY E SCOPE OF WORK AND METHODOLOGY METHODOLOGY The Problem — The City has outgrown its Zoning Ordinance that was last updated, comprehensively, in 1998. Since that time, Palm Desert has grown considerably and numerous amendments have created internal inconsistencies. A new General Plan was prepared in 2004 and as stated in the RFQ, a focus of the Zoning Ordinance update will be to create new zoning standards that will support the new land use designations identified in the General Plan. The ordinance update will reconcile any inconsistencies that have resulted from numerous revisions over the past several years. The update will also enhance the readability and user friendliness of the ordinance through the use of streamlining procedural techniques and the addition of tables and graphics. The Goals — PMC suggests the Zoning Ordinance update begin with a number of goal statements that will be used to guide the update process: • The update shall be consistent with the new 2004 General Plan and state and federal law. Lots of things have changed since 1998. While the City has updated the current ordinances several times to keep pace, it is time to look at the ordinance holistically and ensure that the new ordinance reflects the City's General Plan as well as new statewide legislation. The new ordinance itself needs to be logically organized and easy to understand. Ease of use is important to the success of the new ordinance. The broad acceptance of the ordinance by the community and developers will hinge on the effectiveness of the ordinance to be understood by the public. PMC will create a structure that is logical and, easy to read and reproduce. The hallmark of any PMC ordinance is the use of rich images and graphics and easy -to -use charts — all with lots of color to assist in the format. PMC will also create an ordinance that can be readily updated and uploaded to the website for review — greatly expanding the accessibility of the Zoning Ordinance. Incorporate CalGreen as appropriate. The new ordinance should include State -mandated CalGreen requirements that are relevant to the Zoning Code. These include new provisions related to bicycle parking, lighting, electric vehicle, and many other "green" development provisions. Maintain Palm Desert's high standards for quality design. The maintenance of neighborhood compatibility and infill zoning hinges on the understanding of how good urban design is translated into zoning standards. The Team — PMC proposes a management team of zoning/design ordinance experts that will exceed the expectations of the City of Palm Desert by providing a combination of national expertise, California planning experience, local knowledge, and urban design expertise. Project Manager Jeff Beiswenger will lead this project and will attend all public meetings in the city. Jeff has extensive experience writing zoning ordinances in several California jurisdictions, as well as zoning ordinances in eleven different states. Project Director Brian Millar will keep the project on track and serve an important quality control function before work products go out the door. Mr. Millar has 25 years of planning experience and specializes in staff planning and local government implementation. Senior Planner Christopher Jordan also has extensive code writing experience. Project Advisor Loreh Cappel is an urban designer with a keen eye for developing award -winning design/zoning standards, and Project Advisor Jenny Gastelum has extensive experience implementing housing elements. Rounding out the team is Martti Eckert, who has extensive experience creating high quality graphics for zoning codes. PMC SCOPE OF WORK AND METHODOLOGY Our scope of work reflects our experience, and our team fully understands the extent of the update process. First there is the discovery and review of existing ordinances, then suggested revisions and work with City staff and decision -makers, followed by intense editing. This first step is followed by formatting, posting on the Internet, and review of the ordinance by the public, more revisions, and finally a version suitable for adoption. Of course, at the very last minute, at the very last hearing, there will probably be some change request that will need to be considered. We know this can happen because we do this a lot. What is important to the City is that we remain calm, responsive to the community, and above all helpful through the process. There is always more than one way to do something, and with our experience we can offer suggestions that may have been used in San Diego, San Luis Obispo, Sacramento, Phoenix, or Seattle. More to the point, we understand the passions that sometimes arise during debate of such mundane things as setbacks, easements, orientation, and the planting of trees, and we can help express that passion in more reasonable terms in Palm Desert's updated Zoning Ordinance. PRIMARY TASKS TO BE COMPLETED 1) Listening. Our first task will be to listen to issues associated with the current ordinance and hear what City staff and the community would like to see in the new ordinance. We'll take lots of notes during this task, organize them, and use them to lead more in-depth discussions. We know Palm Desert through our work in adjacent communities and southern California, but we'll get to know the issues better through this task. During this task, we anticipate two meetings to meet stakeholders and discover the issues important to them. 2) Provide website information for posting on the City's website throughout the process 3) Review the General Plan and current Zoning Ordinance and actively solicit input from staff and decision -makers. 4) Review and make recommendations to discretionary and ministerial project processes including appeal procedures. 5) Assemble a list of key issues and meet with staff to ensure that PMC has captured the breadth of the topics to be addressed in the comprehensive update document. 6) Prepare a draft Zoning Ordinance update that is compliant with state law, is consistent with the General Plan and free of legal inconsistencies, utilizes professional, up-to-date planning terms and language, and reflects the goals and character of Palm Desert. The draft document will be clear, precise, and user-friendly, specify the relevant reviewing bodies and processes needed to accurately process applications, and remove any contradiction within the existing document. 7) Meet and discuss the Administrative Draft of the Zoning Ordinance with staff. 8) Review the draft ordinance with the City Planning Commission through two meetings. After reviewing the input from these meetings, make any revisions to the ordinance and prepare it for public hearings. 9) Prepare the necessary environmental documentation for staff to review (an Initial Study with a Negative Declaration is expected to meet the requirements under CEQA). 10) Prepare staff reports, attend and present at Planning Commission hearings and City Council hearings on the document, and make amendments to the document as needed following Planning Commission and/or City Council review. ® PMC SCOPE OF WORK AND METHODOLOGY SCOPE OF WORK PMC will perform the following tasks under service to the City of Palm Desert. TASK 1 PROJECT INITIATION WITH CONSULTANT TEAM AND CITY STAFF The purpose of this task is to establish a solid program for the successful update of the City's Zoning Ordinance. This task involves a staff meeting, data collection and review, and a summary of key recommendations and options for the project. Subtask 1.1 Project Kickoff Meeting and Work Program Refinement At the outset of the project, PMC staff will hold a meeting with City staff to review our contract and work program in detail, establish working procedures and key contacts at the City, and identify and collect relevant reports and materials. This meeting would include discussion of City/PMC coordination and communication (e.g., additional meetings, phone, fax, and e-mail). PMC will collect the staff - identified list of inconsistencies and key areas of concern. Meetings: One meeting with staff. Product: Attendance and refinements to work program. Subtask 1.2 Revised Scope of Work PMC shall revise the Scope of Work based on the refinements made during Task 1.1. PMC will forward the draft version to City staff for review and agreement. Product: Revised Scope of Work prepared by PMC. TASK 2 ISSUE IDENTIFICATION AND DIRECTION Focusing on the identification of issues is an important initial task that will provide the framework for the entire Zoning Ordinance update. PMC will review pertinent documents, including the existing Zoning Ordinance, policy documents, and project approval procedures. The Consultant Team will conduct a technical review and provide a written analysis of ordinance issues and alternatives. Subtask 2.1 Data Collection, Review, and Evaluation PMC staff will review the City's existing Zoning Ordinance, along with other relevant plans and policies adopted by the City. This review will assess the adequacy of the existing text in the Zoning Ordinance in terms of compliance with state and federal laws, identified inconsistencies, compliance with the General Plan, evaluation of identified potential amendments, and research for desired and optional new provisions. PMC will also gather ordinances (minimum of 3, maximum of 5) from other cities that may serve as a model. Product: Review of pertinent documents (PMC); review of model ordinances (City staff). Subtask 2.2 Analysis of Ordinance Issues and Alternatives PMC will prepare a Zoning Ordinance Analysis and Recommendations summary document analyzing the current Zoning Ordinance, policy documents, and project approval procedures from a broad perspective and will provide preliminary recommendations on improvements to the ordinance. PMC will PMC SCOPE OF WORK AND METHODOLOGY create a summary of key recommendations and a draft outline for the "Zoning Ordinance, along with a few document format sample pages for staff consideration and approval. Product: Zoning Ordinance Analysis and Recommendations summary document prepared by Consultant Team; in-house team to review. Zoning Ordinance outline and document format samples. Subtask 2.3 Work Session with PMC and City Staff Work session with PMC and City staff to select preferred direction based on review of the Zoning Ordinance Analysis and Recommendations summary document. Product: Work session. Subtask 2.4 Preparation of Annotated Outline PMC will prepare an annotated outline summarizing the City's direction and make specific recommendations on the current 'Zoning Ordinance. Product: Annotated outline prepared by Consultant Team. Subtask 2.5 Prepare New Development Standards (Mixed -Use Development and High Density Overlay Designation) PMC will prepare new development standards consistent with the General Plan related to mixed -use development and a High Density Overlay designation. Product: Draft code language and related graphics. Subtask 2.6 Joint PC/CC Workshop In accordance with the agreed -upon workshop schedule, PMC will coordinate with City staff to jointly conduct a workshop with the Planning Commission/City Council for review of the Draft Zoning Ordinance. Product: One hard copy of Draft Zoning Ordinance along with one electronic copy. Meetings: One public workshop with the Planning Commission and City Council. TASK 3 PREPARE DRAFT ZONING ORDINANCE The purpose of this task is to establish an ordinance outline and standard format, then prepare component pieces of the Zoning Ordinance for staff review and review by the City's advisory and decision -making bodies. Subtask 3.1 Drafts of Zoning Ordinance Based upon the results of our work in Tasks 1 and 2, PMC staff will prepare a total of three drafts of the Zoning Ordinance. The drafts will accomplish the following: • Establish clear and specific zoning regulations for all land use districts. ® PMC SCOPE OF WORK AND METHODOLOGY • Achieve consistency with the General Plan and state and federal laws. • Describe the program and process under which zoning applications will be reviewed. • Present the ordinance in a format that is reader -friendly and executable. • Include sufficient graphic support for regulations. • Incorporate all Zoning Ordinance updates since the last update. • Incorporate new mixed -use development standards. • Create a new High Density Overlay designation. Deliverables: One hard copy of the Administrative Draft Zoning Ordinance along with electronic copies (CD-ROMs can be produced as needed). Subtask 3.2 Peer Review by City Staff City staff will review each of the two Administrative Drafts and provide one set of consolidated comments using MS WORD tracked changes to be returned to the Consultant Team. Product: One consolidated set of City comments, prepared by City Staff using MS WORD tracked changes for each Administrative Draft provided back to PMC in electronic format. Subtask 3.3 Joint PC/CC Workshop In accordance with the agreed -upon workshop schedule, PMC will coordinate with City staff to jointly conduct a workshop with the Planning Commission/City Council for review of the Draft Zoning Ordinance. Product: One hard copy of Draft Zoning Ordinance along with one electronic copy. Meetings: One public workshop with the Planning Commission and City Council. TASK 4 PREPARATION OF DRAFT ZONING ORDINANCE UPDATE AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Subtask 4.1 Incorporate Directed Amendments to Draft Documents Upon completion of the joint Planning Commission/City Council workshop and review sessions with City staff, PMC will modify the Draft Zoning Ordinance text in accordance with direction from City staff, the Planning Conurussion, and the City Council. This amended document will form the project description and product for the CEQA review. Product: Revised Draft Zoning Ordinance and project description. Subtask 4.3 Prepare Initial Study/Environmental Document PMC will prepare an Initial Study (IS) for review and edit by City staff, based upon CEQA Guidelines Appendix G and other studies prepared in and for Palm Desert. Our standard IS format includes a project description and executive summary. The intent of the IS will be to evaluate and, if warranted, mitigate impacts from the proposed project to a less than significant level. Given the regulatory nature of the project, mitigation is likely to take the form of PMC SCOPE OF WORK AND METHODOLOGY modifications to the proposed ordinance. All potential impacts from the proposed project could be fully mitigated and the City could prepare a Negative or Mitigated Negative Declaration based on the checklist. PMC will review the administrative draft IS with City staff to make a recommendation and initial determination as to whether a Negative Declaration or a Mitigated Negative Declaration is sufficient for review. We recommend circulating the IS for the requisite 30 days (local review only), during which a public hearing would be held to discuss the project and the environmental impacts. The City may choose not to circulate the IS document; however, that public process may significantly influence the environmental determination. Public review of the IS will lengthen the project schedule by four to six weeks. Alternatively, PMC is prepared to simply work at the staff level to make the environmental determination. Products: Negative Declaration or Mitigated Negative Declaration — one hard copy and one electronic copy TASK 5 ADOPTION Subtask 5.1 Planning Commission Hearings City staff and PMC will provide staff reports and attend public hearings of the Planning Commission for recommendation and adoption, respectively, of the Final Zoning Ordinance and CEQA documents. Products: One draft and one final staff report for Planning Commission (City staff). Meetings: PMC to attend two public hearings with Planning Commission. Subtask 5.2 City Council Hearings City staff and PMC will provide staff reports and attend public hearings of the City Council for recommendation and adoption, respectively, of the Final Zoning Ordinance and CEQA documents. City staff will prepare a memo that articulates all suggested modifications by the Planning Commission. Products: One draft and one final staff report for City Council (City staff). Meetings: PMC will attend up to two public hearings with City Council. Subtask 5.3 Final Zoning Ordinance Document PMC will prepare the final version of the Zoning Ordinance based on input from the City Council. PMC will provide additional copies beyond those listed below on a time -and -materials basis. Deliverables: One camera-ready original of the document. Two sets of CD-ROMs with original Word version, as well as PDFs of all materials. ® PMC CONTRACT NO. EXHIBIT B SCHEDULE NOTICE TO PROCEED DAY 0 Task 1 — Project Initiation with Consultant 15 DAYS FROM NTP Team and City Staff City Review of Task 1 10 DAYS Task 2 — Issue Identification and Direction 30 DAYS FROM RECEIPT OF CITY COMMENTS REQARDING TASK 1 City Review of Task 2 15 DAYS Task 3 — Prepare Draft Ordinance 150 DAYS FROM RECEIPT OF CITY COMMENTS REGARDING TASK 2 City Review of Task 3 60 DAYS Task 4 — Preparation of Draft Zoning Ordinance Update and Initial 30 DAYS FROM RECEIPT OF CITY Study/Mitigated Negative Declaration COMMENTS REGARDING TASK 3 City Review of Task 4 15 DAYS Task 5 — Adoption 45 DAYS FROM RECEIPT OF CITY COMMENTS REGARDING TASK 3 11 EXHIBIT C HOURLY RATES Project Director Project Manager Senior Planner Associate Planner, Graphics Urban Design Technical Advisor Housing Element Technical Advisor CONTRACT NO. $225.00 $135.00 $125.00 $85.00 $125.00 $125.00 12