HomeMy WebLinkAboutC33240 - Update - Comprehensive General Plan CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C33240 IN THE AMOUNT OF
$799,703.00 TO RAIMI + ASSOCIATES TO PREPARE AN
UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE
GENERAL PLAN, AND APPROPRIATE $800,000 FROM
UNOBLIGATED FUND 400 FOR THE AWARD OF THE
CONTRACT
SUBMITTED BY: Lauri Aylaian, Director of Community Development
APPLICANT: Mr. Matthew Burris
Raimi + Associates
3600 Lime Street, Suite 226
Riverside, California 92507
DATE: April 24, 2014
CONTENTS: Contract No. C33240
Recommendation
By Minute Motion:
1. Award Contract No. C33240 in the amount of $799,703.00 to Raimi
+ Associates, Inc. of Riverside, California, for update of the City of
Palm Desert Comprehensive General Plan and preparation of the
associated Environmental Impact Report, subject to final review
and approval of the City Attorney; and
2. Authorize Mayor to execute same; and
3. Appropriate $800,000.00 from unobligated Fund 400.
Executive Summary
Approval of this staff recommendation will award a professional services contract to a
consulting firm to update the City's Comprehensive General Plan and to prepare the
associated Environmental Impact Report. The consulting firm, Raimi + Associates, was
selected by an ad-hoc subcommittee that reviewed written proposals in response to a
widely-distributed Request for Proposals, then conducted in-depth interviews with the top-
ranked respondents. This General Plan update will utilize input received from community
members during the recent Envision Palm Desert strategic plan initiative, and will take
approximately 18 months to complete.
Staff Report
Award of Contract No. C33240 to Raimi + Associates
April 24, 2014
Page 2 of 3
Backqround
On January 23, 2014, the City Council authorized staff to issue a Request for Proposals
(RFP) for Contract No. C33240 for professional planning services to update the City's
Comprehensive General Plan and prepare the associated Environmental Impact Report
(EIR). Four firms submitted detailed responses to the RFP. These responses included
the history of the firm and resumes of key project personnel, details of similar work
performed, a cost proposal, samples of their written work products from general plans
prepared for other agencies, and a description of the methodology that they proposed
to use to update Palm Desert's Comprehensive General Plan.
An ad-hoc committee of seven people reviewed the written proposals, and evaluated
them based upon firm experience, qualifications of key team members, samples of their
work, cost, proposed methodology, and location of the firm. The ad-hoc committee
comprised two members of the City Council, a representative of the Planning
Commission, and four members of City staff—one from each of the departments of
Public Works, Building & Safety, Community Development, and the City Manager's
office.
Firms interviewed for this contract work were:
• Project Design Consultants - San Diego, California
• Raimi + Associates - Riverside, California
• Terra Nova Planning & Research, Inc. - Palm Desert, California
At the conclusion of the interviews, the selection committee identified Raimi +
Associates as the top-ranked firm for updating the City of Palm Desert Comprehensive
General Plan. Committee members cited the following as reasons for their selection:
• Raimi + Associates brings an energetic and fresh approach to the City, which is
appropriate at a time when the demographics and lifestyle of Palm Desert's
residents are changing.
• Sargent Town Planning (STP), an urban planning consultant to Raimi +
Associates, has both creative vision and solid experience for developing an
attractive and achievable corridor plan for the Highway 111 area. STP showed
the committee layered graphic images to depict changes in infrastructure,
landscaping, and buildings over time, thus exploring the outcomes of different
possible ptans. STP's graphic design images were supplemented with
photographs of the actual outcome, demonstrating the realistic nature of their
designs.
• Raimi + Associates supplemented their team with Metropolitan Research +
Economics, a firm that will provide market and fiscal analysis in support of the
\\srv-fil2k3\groups\Planning\Lauri Aylaian\General Plan Update\RFP and Consultant Selection\Raimi+Associates Contrac[Award Staff Report 4-24-14.doc
Staff Report
Award of Contract No. C33240 to Raimi + Associates
April 24, 2014
Page 3 of 3
General Plan update. This will help the City to adopt a plan that can realisticatty
be achieved by private development. Neither of the other short-listed firms
proposed to use an economic consultant in their work.
• Raimi + Associates is primarily a general plan consultant. They report that 99
percent of their clients are agencies such as cities and counties, as opposed to
private developers.
• The cost proposal submitted by Raimi + Associates is reasonable for the scope
of services to be provided. Their hourly rates are similar to those of the other
firms. Although their total cost is slightly higher than that of the other two finalists,
it provides for the added value of an economic consultant and is still within the
funds allocated for the update.
Environmental Review
Execution of a contract with a consultant to update the General Plan has no
foreseeable direct or indirect impact on the environment. As part of their services, the
consultant will prepare an Environmental Impact Report to analyze possible impacts
that would stem from development contemplated in the updated General Plan. No
further analysis is needed at this time for compliance with the California Environmental
Quality Act.
Fiscal Analvsis
The City Council has earmarked $800,000 in Fund 400 for the update of the City of
Palm Desert 2004 General Plan. That money needs to be appropriated by the City
Council in order to award this contract. No future ongoing operational or capital costs
will be incurred by the proposed update of the General;Plan. , , t
CITY COITNCIL��TION ,;`
Submitte ' APPROVED DEN�ED
- RECEIVED OTHER
Lauri Aylaian, Community Development Direc E �DATE
Revie ed AYES: � '' n �f �
y� NOES:
ABSENT: �--
P . Gibson, Director of Finance VERIFIED BY: �
Original on File with Ci fC erk's Office
Ap�sr�v •
Jo; M. Wohlmuth, City Manager
J
\\srv-fil2k3\groups\Planning\Lauri Aylaian\General Plan Update\RFP and Consultant Selection\Raimi+Associates Contract Award Staff Report 4-24-14.doc
CITY OF PALM DESERT
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
CONTRACT NO. C33240
1. Parties and Date.
This Agreement is made and entered into this 25th day of April, 2014, 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 ("City") and Raimi + Associates ("Consultant"), a
California corporation, 3600 Lime Street, Suite 226, Riverside, California 92507. City
and Consultant are sometimes individually referred to herein as "Party" and collectively
as "Parties."
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional planning services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing professional
planning services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional planning services for
the update of the City of Palm Desert Comprehensive Plan and preparation of the
associated Environmental Impact Report, Contract No. C33240, ("Project") as set forth
in this Agreement.
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 professional planning 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.
Contract No. C33240
3.1.2 Term. The term of this Agreement shall be from April 25, 2014 to April 25,
2016, 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 Payment 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. Consultant retains the right to perform similar or different services for
others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of
City and shall at all times be under Consultant's exclusive direction and control. Neither
City, nor any of its officials, officers, directors, employees or agents shall have control
over the conduct of Consultant or any of Consultant's officers, employees, or agents,
except as set forth in this Agreement. Consultant shall pay all wages, salaries, and
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 expeditiously,
within the term of this Agreement, and 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 in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a
timely manner. 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 under this Agreement. 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. As discussed below, any personnel who
fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City. The key
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Contract No. C33240
personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP,
Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed
Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr &
Peers; and Mr. David E. Bergman, AICP, Principal, MR&E.
3.2.5 Citv's Representative. The City hereby designates Ms. Lauri Aylaian, Director
of Community Development, or her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's
Representative"). Consultant shall not accept direction or orders from any person other
than the City Manager, City's Representative or her designee. 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 Work or change
the total compensation due to Consultant under this Agreement. The City Council is the
only authorized body that can approve increasing the Scope of Work or change the
Consultant's total compensation subject to the provisions contained in Section 3.3 of
this Agreement.
3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew
Burris, AICP, 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 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 shall have sufficient skill and experience to perform
the Services assigned to them. Finally, 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. As provided for in
the indemnification provisions 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 for 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
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Contract No. C33240
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 Laws and Reaulations. 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, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If Consultant
performs any work knowing it to be contrary to such laws, rules and regulations,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall
defend, indemnify and hold City, its officials, directors, officers, employees, agents, and
volunteers free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to
comply with such laws, rules or regulations.
3.2.10 Insurance. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that it has secured all insurance required
under this section. In addition, Consultant shall not allow any subconsultant to
commence work on any subcontract until it has provided evidence satisfactory to the
City that the subconsultant has secured all insurance required under this section.
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, 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 satisfactory to City.
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, including without limitation,
blanket contractual liability. Defense costs shall be paid in addition to the limits. The
policy shall contain no endorsements or provisions limiting coverage for (1) contractual
liability; (2) cross liability exclusion for claims or suits by one insured against another; or
(3) contain any other exclusion contrary to the Agreement.
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.
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
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Contract No. C33240
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. Covered professional services shall specifically include all
work to be performed under the Agreement and delete any exclusions that may
potentially affect the work to be performed (for example, any exclusions relating to lead,
asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work,
etc.). If coverage is written on a claims-made basis, the retroactive date shall precede
the effective date of the initial Agreement and continuous coverage will be maintained
or an extended reporting period will be exercised for a period of at least three (3) years
from termination or expiration of this Agreement.
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 of Palm Desert,
its officers, agents, employees and volunteers.
Other provisions or requirements
Insurance for Subconsultants: All Subconsultants shall be included as additional
insureds under the Consultant's policies, or the Consultant shall be responsible for
causing Subconsultants to purchase the appropriate insurance in compliance with the
terms of these Insurance Requirements, including adding the City as an Additional
Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory
evidence as required under Insurance Section of this Agreement.
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 endorsement must
be approved by City's Risk Manager prior to commencement of performance. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. Current certification of
insurance shall be kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
Duration of Coveraqe: Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subconsultants.
City'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
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Contract No. C33240
premium paid by City will be promptly reimbursed by Consultant or City will withhold
amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VI (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of Subroqation: All insurance coverage maintained or procured pursuant to
this agreement shall be endorsed to waive subrogation against the City of Palm Desert,
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 of Palm Desert, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
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.
Primary and Non-Contributinq Insurance: All insurance coverages shall be primary
and any other insurance, deductible, or self-insurance maintained by the indemnified
parties shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
Requirements Not Limitinq: 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.
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.
Additional Insured Status: General liability, Automobile Liabitity, and if applicable,
Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm
Desert and its officers, officials, employees, and agents 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
liability policies.
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Contract No. C33240
Citv's Riqht to Revise Specifications: The City reserves the right at any time during
the term of the contract 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 substantial additional cost to the Consultant, the City and Consultant
may renegotiate Consultant's compensation.
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.
Timelv 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.
Safetv: 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.
Safety precautions, where applicable, shall include, but shall not be limited to: (A)
adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subconsultants, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
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 work.
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 not exceed seven hundred ninetv-nine thousand seven hundred
and three dollars ($799,703) without authorization of the City Council. Extra Work may
be authorized, as described below, and if authorized, will be compensated at the rates
and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice
which indicates work completed and hours of Services rendered by Consultant. The
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Contract No. C33240
invoice shall describe the amount of Services provided since the initial commencement
date, or since the start of the subsequent billing periods, as appropriate, through the
date of the invoice. City shall, within 30 days of receiving such invoice, review the
invoice and pay all non-disputed and approved charges thereon. 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.
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 authorization from the City Council.
3.3.5 Rate Increases. In the event that this contract is extended beyond the date
specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the
time of renewal in accordance with the change (increase or decrease) in the Riverside
County Consumer Price Index for the previous twelve months.
3.4 Accounting Records.
3.4.1 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 shatl 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.
3.5 General Provisions.
3.5.1 Termination of Aqreement.
3.5.1.1 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.
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Contract No. C33240
3.5.1.2 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.
3.5.1.3 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.
3.5.2 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: Raimi + Associates
3600 Lime Street, Suite 226
Riverside, California 92507
Attn: Mr. Matthew Burris, AICP, Senior Associate
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Ms. Lauri Aylaian, Director of Community Development
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.
3.5.3 Ownership of Materials and Confidentialitv.
3.5.3.1 Documents & Data; Licensinq of Intellectual Propertv. 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 and data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement
("Documents & Data"). 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 design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents & Data at any
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Contract No. C33240
time, provided that any such use not within the purposes intended by this Agreement
shall be at City's sole risk.
3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
and other pocuments & 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.
3.5.3.3 Confidential Information. All information and documents that are provided to
the City by the Consultant are considered public 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.
3.5.4 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.
3.5.5 Attornev's Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its directors, 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 alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in
connection with the performance of the Consultant's Services, the Project or this
Agreement, including without limitation the payment of all consequential damages,
expert witness fees and attorneys fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by
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Contract No. C33240
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
3.5.6.2 Additional Indemnity Obliqations. To the fullest extent permitted by law,
Consultant shall defend, with counsel of City's choosing and at Consultant's own cost,
expense and risk, any and all claims, suits, actions or other proceedings of every kind
covered by Section 3.5.6.1 that may be brought or instituted against City or its directors,
officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy
any judgment, award or decree that may be rendered against City or its directors,
officials, officers, employees, volunteers and agents as part of any such claim, suit,
action or other proceeding. Consultant shall also reimburse City for the cost of any
settlement paid by City or its directors, officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City's attorney's fees and costs, including
expert witness fees. Consultant shall reimburse City and its directors, officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents,
or volunteers.
3.5.7 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. This Agreement may only be modified by a writing
signed by both parties.
3.5.8 Governinq Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.10 City's Riqht to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement
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Contract No. C33240
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.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third-Partv Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invaliditv; Severabilitv. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceabte by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 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.
3.5.19 Equal Opportunitv Emqlovment. 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.
3.5.20 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
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every employer to be insured against liability for workers' 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.
3.5.21 Authoritv to Enter Agreement. 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.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated in Consultant's proposal
dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF PALM DESERT RAIMI + ASSOCIATES
By: By:
Mayor or City Manager Matthew Raimi, Principal
ATTEST:
By:
Rachelle D. Klassen
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
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Contract No. C33240
EXHIBIT "A"
SCOPE OF SERVICES
Task 1: Project Initiation
In this task, the Raimi + Associates (R+A) team will initiate the project, meet with City
staff, and tour the City. This task includes the following sub-tasks:
1.1 Project Initiation Meetinq
R+A will meet with City staff to initiate and organize the project. During this meeting,
participants will review and discuss the scope of work and the overall schedule, develop
a detailed three-month project schedule, and review the current planning-related
activities in Palm Desert relevant to this update process. A key component of this
meeting will be to discuss the City's objectives and review and refine the Scope of
Work, if needed. Additionally, R+A and the City will clarify roles and expectations,
establish communication portals for information sharing and future discussions, discuss
billing logistics; and share background information and materials.
1.2 Collect Information and Develop GIS Database
City staff will provide the R+A team with all of its existing data, reports, and studies
relevant to the General Plan update. Critically, R+A will collect existing GIS data from
the City. We expect that the City will have, at minimum, the following data in GIS-based
shapefiles: existing land use, general plan land use, zoning, existing dwelling units per
parcel, existing jobs or non-residential square footage per parcel, street centerlines, and
County assessor data. R+A will collect additional information on Palm Desert including
data from the US Census, the Riverside County Department of Public Health, SCAG,
CVAG, and various State of California departments. Finally, R+A will create a base map
of the City for use by the team throughout the project. R+A will prepare the base map in
Adobe Illustrator and GIS (ESRI ArcMap 10) using high resolution aerial photos
provided by the City and from GIS.
1.3 Kick-off Team Meetinq/Tour
Key members of the R+A Team will visit Palm Desert for a kick-off ineeting and City
tour. Note that some team members may only attend part of the kick-off ineeting. The
kick-off ineeting will have three primary components:
t. Team meeting with City staff and the R+A Team.
2. Tour the city with City staff.
3. Meetings with individual department directors or staff.
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Task 1 Deliverables:
• Project Initiation Meeting
• Refined General Plan Work Plan and Schedule
• Base Map of City
• Kick Off Meeting and City Tour
• Document and Data request
Task 2: Community Engagement
The R+A Team will work with the City to implement a public outreach process to ensure
a transparent and efficient planning process. The tasks included in the scope represent
R+A's idea for reaching the full spectrum of Palm Desert community members, but will
ultimately be refined in the Community Engagement Plan after working directly with City
staff. R + A will be the primary leader for the public outreach and visioning tasks
described below, with continuous involvement by R+A in all efforts to ensure all team
members gain first-hand understanding of the community's vision.
2.1 Technical Working Group
The City will appoint a General Plan Technical Working Group (TWG) to support the
General Plan update. Ideally, the group would consist of approximately 15 members.
The R+A team will attend and facilitate one Technical Working Group meeting per
month for crucial phases of the project, totaling approximately 14 meetings since
meetings are not needed during certain phases of the project. The TWG may not need
to meet in person on a monthly basis, but rather should meet regularly during key
periods of data gathering and policy review, while checking in via conference line or
email during months where the R+A Team is working on specific tasks. This will help
prevent committee fatigue and provide potential TWG members with a more
manageable time commitment to the project.
R+A will kick off the Technical Working Group at the first meeting by reviewing the
project purpose; discussing the contents and state requirements for the General Plan,
the Highway111 corridor plan, the traffic model, and EIR; establishing the group's
ground rules and role in the process; and reviewing the community engagement
program and project timeline. The TWG will provide feedback at the following key
project milestones:
• Project kick-off
• Community vision
• Key issues
• Technical background studies
• Key policy approaches
• Land use and circulation alternatives
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• Corridor Plan development
• Public review draft General Plan
The R+A project team will provide a facilitator and the project manager, in addition to
other needed technical staff for presentations, and prepare meeting agendas,
presentations, and summaries for each meeting.
2.2 Stakeholder interviews
R+A team members will conduct up to 8 one-on-one meetings with key members of the
City Council, Planning Commission or community at the beginning of the process to
obtain a better understanding of the project issues, the strengths of the City and their
vision for the City.
2.3 Hiqhwav 111 Corridor Plan Workshops
R+A believes the development and evolution of the Highway 111 corridor is critical to
Palm Desert and is thus worthy of a substantial public outreach effort. The R+A Team
will develop meeting parameters and provide guidance for the City to follow in efforts to
conduct a series of public meetings. The focus of these parameters will be to provide
uniformity in presenting information, facilitating dialogue, garnering input, and fostering
consensus.
Workshops will be creative forums in which a free flow of ideas can take shape toward
a common purpose. The challenge of these meetings will be to ensure adequate and
broad-based participation in order to avoid homogenous or narrow input.
To make sure that all voices are heard, the R+A Team will to supplement the public
meeting presentations with Turning Point software. Turning Point is designed to work
on top of Microsoft PowerPoint. Participants are given a credit card size infrared voting
device that allows them to anonymously vote on issues, survey questions, and
ranking/prioritization questions. Results appear immediately as a compiled bar or pie
chart on the slide. Because voting is anonymous, it prevents a vocal person from
dominating the meeting with their ideas and supports "one voice one vote." It also
enables the meeting facilitator to have a more dynamic discussion as follow-up to the
results.
The agendas and approach for each workshop will be developed in collaboration with
the City to identify the best format based on the audience, information to be presented,
and input needed. The R+A Team will share lessons learned and best practices to
assist in the decision making process. The R+A Team will conduct the following four
public workshops at key project milestones:
Workshop No. 1 - Background Information/Visioning: In this workshop, which may be
scheduled on a Saturday for a 3 to 4 hour block, the Team would make an opening
presentation that includes a summary of the existing conditions analysis and a range of
corridor precedents that may serve as models for elements of the Highway 111 Corridor
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Contract No. C33240
plan. Following this presentation, participants will be invited to ask questions and offer
comments, and then be asked to break into smaller groups to discuss opportunities and
constraints in the Plan Area. Base maps of the Plan Area would be provided at the
group tables and posters of the analysis and precedents could be hung around the
walls of the workshop space. Team members will facilitate discussions and provide
information. At the end of the workshop, group representatives will report their results to
the assembly. Immediately following the Workshop, the team will hold a debrief ineeting
with City staff and the TWC.
Workshop No. 2 - Public Realm Framework Plan and Development Types: Building off
the public input received during Workshop No. 1, this workshop will focus on
establishing a framework for pedestrian-friendly streets and sidewalks, focusing on
streetscape and building frontages. During this workshop, R+A will also begin to explore
appropriate development types for different segments of the Highway 111 Corridor.
Workshop No. 3 - Preferred Land Use Alternative: Building on the community input
received in Workshop No. 2, a draft land use plan that assigns specific development
types and intensity ranges to each sub-area of the Plan (or segment of the Corridor) will
be presented and discussed (See Task 6 for more detail on the draft land use plan).
Workshop No. 4 - Public Review Draft Highway 111 Corridor Plan: This workshop will
focus on key components of the Public Review Draft Corridor Plan.
2.4 General Plan Workshops
In addition to the community workshops focused on the Highway 111 Corridor Plan,
R+A will conduct two community workshops on the General Plan once the Public Draft
has been prepared and released:
Workshop No. 5 - Public Review Draft General Plan Update: This workshop will
present the Draft General Plan to the public. The primary intent of this workshop will be
to brief the public on the highlights of the plan and receive informal feedback. This
workshop be held in an Open House format to provide the public with a low-key and
non-threatening forum to ask questions and get answers on the Public Draft General
Plan.
Workshop No. 6 - Public Review Draft EIR: The second General Plan workshop will
focus on the Draft Environmental Impact Report. The intent of this workshop will be to
brief the public on the content and implications of the Draft EIR. An Open House format
will be used to provide the public with a low-key and non-threatening forum to ask
questions and get answers on the Draft EIR.
Task 2 Deliverables:
• Technical Working Group meeting presentations, materials, and summaries for
14 meetings (note, number of in person meetings may be reduced with
additional budget made available for other participation opportunities)
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Contract No. C33240
• Up to 8 stakeholder meetings
• Four Corridor Plan Workshops
• Two General Plan Workshops
• Public workshop agenda and approach memorandum, meeting materials,
facilitation services, and workshop summaries
Task 3: General Plan BackGround Investigation
During the early phases of the project, the R+A team will prepare an existing conditions
report focusing on topics of critical importance to the City and the General Plan Update.
The existing conditions will describe current trends and baseline data for these
particular topics while exploring and analyzing key issues that impact the City and its
community members. R+A will package the Background Investigation as a Technical
Background Report, which will ultimately serve as the existing conditions section of the
EIR. For critical topics, the R+A team may prepare more detailed stand-alone reports
and then incorporate the highlights into the final Background Report.
3.1 Review and Assess Reports, Studies, and Requlations
A critical starting point for this project will be to review and assess the recently prepared
Strategic Plan, as well as other planning reports and documents, to understand the
vision of the City and to identify any gaps in data collection and analysis. In addition,
R+A will gather information on existing City planning, economic development,
transportation, and sustainability policies to understand the current policy context. This
will allow R+A to build off the considerable work that has been completed to date by the
City and to ensure that both the existing conditions and the General Plan policies are
consistent with the City's vision and values.
3.2 Prepare Backqround Report Outline
The R+A team will prepare an outline of the Technical Background Report and work
with City staff to refine the structure.
3.3 Admin Draft Background Report
During the first phase of the project, the R+A team will develop a comprehensive
Background Report to explore and document the existing conditions in Palm Desert.
The report will analyze and present information about past and current conditions in the
City, input collected during previous community outreach activities, and future trends in
the City, County, region, and State. The report will provide a backdrop for the General
Plan and serve as the existing setting section of the EIR. Each section will also include
a subsection identifying the existing conditions of the Highway 111 Corridor Plan area
as well, to simultaneously lay the groundwork for the Corridor Plan. For critical topics,
the R+A team may prepare more detailed stand-alone reports and then incorporate the
highlights into the final Background Report. While the exact content and structure of
report will be discussed with staff, we expect it to include the following information:
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Contract No. C33240
A. Demographics and socio-economics. This chapter will present basic information
about the City inctuding the size of the City, the population characteristics (e.g., age,
gender, race/ethnicity, etc.), educational attainment levels, and income. The chapter will
also focus on the location of socioeconomic disparities in Palm Desert and how the City
compares to other nearby/comparable communities and Riverside County as a whole.
B. Land use and urban design analysis. This chapter will present an analysis of the
built environment of Palm Desert and will be comprised of:
1. Land use analysis including existing land uses, general plan designations,
zoning, past and future growth trends, recent and proposed development
projects, and an analysis of existing planning documents.
2. General Plan effectiveness, assessing the City's progress in achieving the goals
in the 2004 General Plan and considering which components of the existing
framework should be preserved.
3. Urban design analysis including views, vistas, scenic resources, gateways, major
geographic features, major community features, natural land form features, and
open space. R+A will address how these features enhance the area and how
might they be improved to provide a stronger identity for the community.
4. A mapping of the neighborhoods, districts, and corridors in the City to identify
and categorize a typology of places based on the land use, urban form, and
character of each area. As part of the analysis, R+A will identify undeveloped or
underutilized land in the City and the growth potential using existing zoning
regulations.
C. Transportation and circulation. Fehr & Peers will prepare a background report
summarizing existing mobility conditions, which will include an inventory of
transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary
of their current operation. The report will include a functional classification of City
streets; an inventory of existing signalized intersections; collision statistics in the City
over past five years; pertinent traffic and travel information available from the City,
SCAG, CVAG, the US Census, and other sources; existing transit services and
facilities; existing bicycle facilities; and existing pedestrian facilities.
Additionally, because mobile source greenhouse gas emissions (GHG) make up a large
portion of the City's total GHG output, innovative mobility policies will be a vital
component of the General Plan Update. To ensure that the project team and City staff
are made aware of the latest developments in transportation planning, Fehr & Peers will
conduct a review of best practices to guide the preparation of the Mobility Element.
Some potential Transportation Best Practices could include: complete streets; multi-
modal level of service (MMLOS); Layered Networks; and alternative vehicular networks.
Fehr & Peers will collect existing transportation data for use in this study. Fehr & Peers
will use existing traffic counts from other studies but new traffic counts will likely be
required. The scope and budget assume that Fehr & Peers will conduct peak period
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Contract No. C33240
traffic, pedestrian, and bicycle counts at up to 40 signalized intersections and 24-hour
machine traffic counts on up to 40 roadway segments.
E. Market conditions. MR+E will prepare a market conditions assessment for Palm
Desert. The chapter will lay the foundation for a plan that promotes investment, is
financially feasible, and can be implemented. This will include an estimate of real estate
demand potential (housing and commercial uses), economic development
opportunities, and other economic trends. This task will be comprised of three steps:
1. Preparing a market demand analysis of the potential for employment, housing,
and commercial development.
2. Identifying opportunities and catalyst sites and formulating public-private
financing and implementation plans.
3. Working closely with the community to identify the concerns and potential
benefits of new development in the City. As part of this task, the R+A Team will
interview representatives of regional economic development agencies, key
employers, developers, property owners, brokers, and other stakeholders to
understand the competitive advantages and disadvantages for economic
development in the City.
The information above will be included in the Market Conditions chapter of Background
Report.
F. Health. R+A will prepare a Health Chapter that discusses key issues and
opportunities for the relationship between community health and the built environment.
The chapter will present a brief summary of the literature on the relationship between
health and planning, key indicators of health and equity, and opportunities for changes
that may improve health conditions, social equity, and environmental justice in the
community. The health-related topics that may be covered, pending the availability of
information, are overall health and wellness, physical activity levels, exposure to
substantial concentrations of air pollutants, exposure to toxics and hazardous materials,
access to nutritious foods and a retail food environment analysis, access to health care
and health facilities, access to parks and open spaces, mental health services, and
transportation safety. This information will form the basis for a "Rapid" Health Impact
Assessment (HIA) of the General Plan alternatives and can be used to support other
studies such as the HIA on the oil well facility.
G. Climate change. R+A will prepare a chapter that summarizes existing conditions
and trends for climate change, adaptation and sustainability. The chapter will
summarize the GHG emission inventory for the City and highlight sectors where policy
changes could produce significant GHG reductions. In addition to climate and GHG
emissions, the chapter will focus more broadly on measures of sustainability including
water use and conservation, solid waste reduction, green building policies, procurement
practices and other measures. Finally, the chapter will summarize the climate
adaptation technical report, which will be prepared by Susanne Moser Research and
Consulting (as discussed in the next task).
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Contract No. C33240
H. Parks and public facilities. This section will examine the amount, location, and
condition of parks, recreation facilities, civic buildings, and community centers. The
section will also examine the status of police and fire facilities, public safety, and service
calls.
I. Natural environment, resources and conservation. PMC will conduct an
assessment of natural environment conditions in and around Palm Desert including
natural open spaces, and natural resources. This discussion will include biological
resources, geologic resources, natural hazards, and mineral resources. As part of the
assessment, the team will analyze the policies encouraging the preservation and
enhancement of these resources.
J. Noise. This chapter will present the existing noise environment of the City. It will
include a review of the history of noise-related complaints received by City staff over
recent years, a survey of the City to identify noise sources and sensitive land uses, and
15- to 30-minute noise measurements from up to ten locations within the City. Once
measurements are taken, Rincon will analyze traffic noise levels; develop a table of
noise contour distances for major arterials, prepare a noise contour map for major noise
sources, and prepare a summary of the key noise issues for the City.
K. Cultural Resources. Palm Desert is part of a region that has seen human
occupation for thousands of years. According to the City's Archaeological & Cultural
Resources Element, 138 archaeological sites have been identified and recorded in the
Palm Desert planning area, 125 of which are prehistoric (Native American) sites. The
City also has a number of historic structures dating from the late 1940s and early
1950s. These are concentrated around the urban core of the City, although structures
of similar vintage are likely to be found in outlying communities, such as Thousand
Palms and Cahuilla Hills. For historic structures, or historic-period archaeological
remains dating before 1940, the most sensitive areas within the planning area are along
the Colorado River Aqueduct, between the Indio Hills and the Southern Pacific
Railroad, and around the original community of Palm Village north of Highway 111. The
City currently reviews development proposals for their potential impacts to
archaeologically and historically significant resources and may require additional
studies if the potential for damage to resources is identified.
Rincon will review the existing historical, archaeological, and paleontological conditions
within the City. As part of this effort, Rincon will describe the existing historical,
archaeological, and paleontological setting within the City by reviewing existing City
resources, the current Archaeological & Cultural Resources Element, relevant literature,
previous surveys and inventories of recorded historical, archaeological, and
paleontological resources, historic maps of the area, and available historic photographs
and aerials views. As part of this effort, Rincon will provide recommendations for the
continued identification, designation and protection of the City's cultural resources.
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3.4 Traffic Model Update
As part of Background Report effort, Fehr & Peers will detail the latest version of the
Riverside County Model (RIVTAM) to provide additional detail within the City of Palm
Desert. This model has been reviewed by CVAG Staff and is required for use in all
projects in the Coachella Valley based on an MOU between CVAG Staff and Riverside
County Staff. This additional detail would include more defined TAZ's and roadway
networks. A Base Year (Validation) and Future Year (General Plan Buildout) model
would be developed. Fehr & Peers will also coordinate with Riverside County Staff to
facilitate their review and approval of the model, as required by CVAG Staff and
Riverside County Staff.
Prior to its use, Fehr & Peers will validate the detailed Base Year Model for RIVTAM to
match available traffic count data. Fehr & Peers will apply standardized criteria for the
validation process as developed by FHWA, Caltrans, and other agencies. An AM Peak
Hour, PM Peak Hour, and Daily model will be developed for use in the General Plan
roadway network and Environmental Impact Report analysis. Once the Base Year
Model is validated, Fehr & Peers will prepare a draft report summarizing the findings of
the validation for submittal to the City and Project Team.
Once land use forecasts are available, Fehr & Peers will develop a Future Year Travel
demand model which will be used for the General and Environmental Impact Report.
3.5 Final Backqround Report
Following the delivery of a single, consolidated set of comments from City staff, the
R+A team will prepare a final Background Report that can be released to the public.
Task 3 Deliverables:
• Background Report Outline
• Admin Draft Background Report
• Final Background Report
• Detailed City of Palm Desert Traffic Model Update
Task 4: General Plan Vision and Alternatives
Following the review and approval of the Background Report, R+A will lead the City
through an effort to confirm the long term vision, the goals for the City and to develop
physical and policy alternatives that respond to the issues and trends identified during
the previous task. This effort is expected to confirm the vision and direction for the
majority of the City and a majority of topics and then focus on areas where further
discussion is needed. For land use, this could mean focusing only on a few areas of the
City while the majority of areas are "areas of preservation" where limited change is
expected.
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Contract No. C33240
4.1 Develop Vision and Alternatives
The first step in the process is to develop the citywide vision and General Plan goals.
During the process, the R+A team will conduct a thorough review of recent plans, such
as the Strategic Plan. Significant work has been completed and it is imperative that this
excellent work be the starting point for developing the vision, goals and plan
alternatives as this process will identify locations and topics where there is clear policy
direction, areas where no direction exists and areas where there is conflicting policy
direction.
The vision will be developed through working closely with the Technical Working Group
and consideration of information received through the early Highway 111 Corridor Plan
Workshops. The result of this task will be the following:
• Compilation of work done to date to prepare a citywide vision and policy direction
• Draft Vision statement
• Citywide goals by topic
• Identify key policy issues to be addressed
• Identify policy alternatives to address potential key issues. These will focus on
policies improve livability and walkability in the City, but will also include other
topics such as economic development and public facilities and services
• Land use alternatives for areas of the City where there is a potential for future
change. The areas of potential change will likely include commercial corridors,
the downtown, potential sites to meet RHNA housing needs, and other areas
where future commercial uses may be possible
• Transportation alternatives to address key policy issues such as increasing
active transportation or multi-modal/"complete" streets
4.2 Conduct Alternatives Analvsis
The R+A team will prepare a "matrix-level" analysis of alternatives that compares the
various land use and policy alternatives, with an emphasis on climate-oriented policies.
Where possible, the R+A team will use quantitative measures. The topics expected to
be covered in the matrix-level analysis are land use (land use by type, housing units,
population), market (jobs by type), transportation, sustainability and environment, and
public health. Specifically, the alternatives analysis will include the following:
• Growth projections. R+A, with assistance from other team members, will
prepare forecasts of land use, population and employment changes that are
expected to occur in the City during the planning horizon of the General Plan.
These estimates may be based solely on growth projections from SCAG or may
be based on another methodology recommended by R+A.
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• Economic analysis. For each land use and for key policies scenario, MR+E will
build a static fiscal impact model to measure the costs and revenues for the
City's General Fund. This will include the following sub-tasks:
o Development of assumptions for analysis. MR+E will collect current fiscal
and demographic data for Palm Desert, including the City's budget for the
most recent fiscal years and additional tax and revenue information, such as
sales and property tax rates.
o Analysis of ongoing revenues to the City. For each land use scenario,
MR+E will estimate major revenues generated, including property tax,
transfer tax, vehicle license fees, and sales tax.
o Analysis of ongoing costs to the City. For each land use scenario, MR+E
will calculate the additional General Fund costs to provide municipal services.
To assess costs, MR+E will conduct interviews with the heads of key
departments (including Fire, Police, Parks, and Public Works).
• Transportation analysis. Fehr & Peers will conduct a qualitative analysis of up
to three land use alternatives. Alternatives may reflect different allocations of the
total growth forecasts, though they will all maintain the same overall amount of
change.
• Noise. Rincon will also support the alternatives analysis by analyzing the future
noise environment in the City with and without the project alternatives and will
prepare a noise contour map for the preferred alternative.
• Climate change. R+A will analyze how the alternatives perform in terms of
greenhouse gas emissions to help the City understand how to best comply with
the intent of AB 32 and SB 375.
• Health. Using the data and indicators identified in Task 3, R+A will prepare a
"Rapid" Health Impact Assessment (HIA) of various policy and physical
alternatives. The analysis will primarily be a qualitative analysis stating
trend/direction, magnitude, and significance, but will not necessarily calculate a
numeric projection.
4.3 Create Final Land Use and Transportation Plan
Based on the results of the ongoing meetings with the Technical Working Group and
the Corridor Plan workshops, the R+A team will finalize the land use direction and
preferred planning alternative for the City. R+A will provide the City with a memo
summarizing our understanding of the preferred alternative.
Task 4 Deliverables:
• Alternatives that include vision, citywide goals by topic, land use and
transportation alternatives, policy alternatives
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• Qualitative alternatives analysis
• Technical memo summarizing final land use and transportation plan
Task 5: General Plan
The R+A Team, working c�osely with City staff, will develop the policy direction for the
General Plan Update.
5.1 General Plan Outline and Policv Framework
The first step in the process will be for R+A to develop a draft General Plan outline. This
will detail the key chapters in the documents and the expected order of information.
After the outline is reviewed by City staff, R+A will develop a policy framework for each
chapter of the General Plan. The policy framework will identify goals, policies, and
implementation measures for each topic in the General Plan. As is discussed above,
the policies will be derived both from existing policy documents (including the existing
General Plan) and the alternatives development process discussed in Task 4. The
policy framework will be reviewed by staff and the GPAC. Creating a policy framework
document will allow the community to quickly and easily understand the policy direction
of the City and provide feedback to the R+A Team prior to the drafting of the General
Plan. Additionally, the outline and policy framework will serve to direct a conversation
with City staff and the Technical Working Group about which General Plan elements
should be preserved, which should be consolidated, and which should be eliminated.
Finally, as part of this task, the team will work with City staff to create a standardized
structure for the chapter content and language conventions for the goals and policies.
This will include a mockup of the layout and design of the General Plan.
5.2 Administrative Draft General Plan
R+A will prepare an Administrative Draft General Plan for review by City staff based on
the outline and policy framework developed in Task 5.1. The structure and exact
content of the General Plan will be decided as the project moves forward, however the
R+A team will develop a cutting-edge, character-oriented General Plan. The General
Plan will include all of the topics required by State Law plus additional topics as
determined during the process. R+A and several team members are continually
monitoring the progress, and occasionally weighing in through workshops and individual
conversations, of updating the General Plan Guidelines by the Governor's Office of
Planning and Research. During this task, R+A will formally check in with OPR on the
status of the guidelines to ensure the General Plan is reflective of the most recent OPR
guidance. More specifically, the General Plan will cover, at minimum, the following
topics:
• Land use, including existing and future uses and focused policies on different
areas of the community.
• Urban design and community character to preserve and enhance the unique
quality of Palm Desert.
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• Mobility and circulation including, street standards, multimodal streets and active
transportation.
• Economic development including tourism, expanding commercial activity and
fiscal sustainability.
• Public facilities and services including the need for new facilities.
• Historic preservation, including cultural and archeological resources.
• Climate change and adaptation, including specific measures to reduce GHG
emissions and adapt to a changing climate.
• Sustainability including green buildings, water conservation, energy
conservation, and other topics as decided through the public process.
• Public Health policies to address active transportation, healthy lifestyles, access
to healthy foods, air quality, social support, and other topics of concern.
• Noise, to meet State requirements and address identified noise issues in the
City.
• Parks, recreation, and protection other open spaces.
• A detailed implementation program that will provide the necessary steps for
putting the General Plan into action. It is anticipated that this section will include
specific actions, responsible parties, timeframes, and funding requirements. This
implementation plan will also include near-term projects which can be
implemented with existing funding programs to demonstrate progress towards
achieving General Plan goals and policies.
5.3 Screencheck Draft General Plan
After staff has reviewed the administrative draft General Plan and provided a single set
of comments, R+A will prepare a screencheck draft General Plan that includes all
figures, photos, maps and graphics. R+A will deliver the screencheck draft general plan
as an Adobe PDF file for ease of review and to reduce printing costs.
5.4 Public Draft General Plan
R+A will provide a copy of the administrative draft of the General Plan for staff — and
any others selected by staff — to review. Staff will provide R+A with one complete set of
all comments, which the R+A team will incorporate and address.
Task 5 Deliverables:
• General Plan outline
• Draft and final policy framework
• Administrative Draft General Plan (including seven hard copies and one
electronic copy)
• Screencheck Draft General Plan (including seven hard copies and one electronic
copy)
• Public Draft General Plan (including seven hard copies and one electronic copy)
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Task 6: Highway 111 Corridor Plan
During this task, the R+A team, working closely with City staff, will develop a Corridor
Plan for the revitalization of the Highway 111 corridor. For the purposes of establishing
an initial scope, budget, and schedule, this scope assumes that the Corridor Plan will
not be a standalone document but a set of tools comprised of: a vision plan for the
corridor, detailed goals and policies pertaining to Highway 111 in the General Plan,
Design Guidelines for the corridor, and an amendment, addition, or overlay to the
Zoning Code that will provide updated development standards for new private
development. For the purposes of this scope, "Corridor Plan" will refer to this set of
tools. The R+A team will work closely with the City to ensure that the approach to the
Corridor Plan will remain relevant to the City's desired outcomes. As such, the final form
of the Corridor Plan may be somewhat varied by mutual agreement of the City and the
R+A team to ensure the final product meets the City's needs.
6.1 Framework Plan Development and Development Alternatives
Based on the community input received in Workshop No. 1, and on subsequent
direction from City staff and the Steering Committee, R+A will prepare one to three
framework plan alternatives for defining and differentiating the several Corridor
segments and characterizing the community vision for each. This will include
illustrations of a range of suggested streetscape characters, development types and
pedestrian and bicycle connections into the adjacent neighborhoods. This will also
include alternatives in terms of "degree of change," to identify segments in which little
change is envisioned and segments targeted for more significant transformation over
time. The vision plan alternatives will be illustrated with a combination of diagrams,
illustrative plan vignettes, illustrative cross sections, 3-D models, precedent
photographs, and photo-illustrations.
6.2 Preferred Framework and Vision Plan
Based on the framework plan and input received in Workshop No. 2, the R+A Team
will work closely with City staff and the Steering Committee to evaluate alternative
development patterns and intensities, quickly moving to a draft land use plan that
assigns specific development types and intensity ranges to each sub-area or Corridor
segment of the Plan. Our urban designers, economists, environmental planners, and
transportation planners will collaborate at each iteration to bring to the community a
recommended alternative that balances transportation modes and parking demand, and
generates vital pedestrian environments throughout and surrounding the Plan Area.
The preferred alternative as selected and refined by the staff and the Committee will be
documented and presented to the public in Workshop No. 3 for further input.
It is important that the vision accurately reflects community goals and values, as this will
provide the foundation for land use, urban design, mobility, economic development, and
environmental policies and programs in the Corridor Plan. The development
alternatives will be informed by the economic analysis completed in Task 3.3. MR+E will
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prepare a memo summarizing the preferred alternative and the market potential for
development.
6.3 Administrative Draft Corridor Plan
Based on an agreed upon framework, the R+A Team will prepare an Administrative
Draft Highway 111 Corridor Plan for staff review and comment. The Corridor Plan will
remain consistent with the City's General Plan and other City policies reviewed in Task
2 and effectively implement the goals, strategies, and standards developed as part in
the community engagement during Task 3.
A formal outline will be finalized with the City; however, the following is a summary of
tasks to be completed in developing the Admin Draft Plan:
Corridor Plan Goals and Framework
The R+A Team will develop a set of Highway 111 Corridor Plan goals. The R+A Team
will present these goals to City staff and the Steering Committee for review and
comment. R+A believes it is essential for the City, community, and R+A Team to have a
firm and clear understanding of project goals prior to developing Corridor Plan policies
or programs. Additionally, receiving community support for long-term goals will help
avoid any problems at later stages of the Plan development, as each progressive stage
is an implementing tool for the agreed upon goals. These goals and policies will
ultimately be embedded in the General Plan.
Land Use
The R+A Team will create a land use plan that is consistent with the goals and policies
of the concurrent General Plan Update. The land use plan will show allowed land uses
and density/intensity for each land use type. The City and R+A Team will jointly develop
a land use plan and related policies to promote compatible development within the Plan
Area, which is sensitive to surrounding residential, recreational (i.e., goff courses), and
hospitality uses.
Design Guidelines
Based on the preferred framework plan and preferred alternatives for streetscape, open
space, and development types, the Team will prepare draft design standards for each.
The Design Guidelines will include:
• A public realm illustrative/vision plan, including a network of streets, the frontage
roads, alleys, paseos, plazas and courts.
• A complete streets kit of parts, including recommended cross sections with
parameters for frontage roads, cross streets, alleys/lanes, paseos, plazas,
courts, etc. These would be formatted as guidelines, with a combination of
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illustrative plans and sections, 3-D models, and precedent photographs, along
with short guideline narratives and bullet points for each type.
• Private development guidelines including frontage type (frontage design)
recommendations, building massing recommendations (varied by area to ensure
appropriate transitions to adjacent houses or any historic buildings), and basic
architectural design guidelines.
Mobility and Parking
R+A will address transportation and parking with input from City staff and applicable
circulation element goals, policies and programs. Emphasis will be placed on livability
principles, complete streets, place-making, and multi-modal connections. R+A will
develop circulation objectives for the corridor plan, review existing circulation patterns
and conditions in the area, and identify alternative strategies for parking and access. As
part of this Task the R+A Team will work to identify opportunities for greenhouse gas
emissions reductions and highlight the opportunities for co-benefits of reduced auto-
dependency such as public health, air, and water quality improvements. The following
circulation topics will be addressed in this task:
• Pedestrian and bicycle facilities and safety
• Street standards
• Traffic calming
• Street improvements
• Parking strategies
• B i keways
• Transit, including transit facilities
Implementation and Development Standards
The R+A Team will prepare an implementation program for inclusion in the General
Plan to address implementation of major public improvements recommended in the
Corridor Plan together with financing mechanisms and funding sources. This task will
be grounded by an implementation analysis prepared by our economist.
MR+E will prepare an economic development element that will focus on highly
implementable specific projects that can be undertaken to facilitate economic
development on Highway 111. The plan will provide a set of recommendations on
actions that can be undertaken by the city and its partner agencies to develop public
private partnerships for the provision of public improvements. This will consider the use
of the available tools for the provision of improvements to the public realm and
opportunities for public private partnerships. General strategies to be examined include:
• Mello-Roos Community Facilities Act
• Public Enterprise Revenue Bonds
• Impact Fees and Exactions
• Special Assessment Districts
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• Potential use of state and federal advantaged financing tools (NMTC, ARA
programs, Cal IBank etc.)
• Others as determined by research
Responsibilities by agency and jurisdiction will be identified as well as actions that
would be required by the private sector will be inventoried. Opportunities for
partnerships, joint ventures and developer initiated improvements will also be
examined. The implementation section will be composed as a specific action plan with
lists of responsibilities, costs and thresholds for development as opposed to providing
generalized statements of goals and objectives.
Additionally, the R+A team will prepare an addition to the City's Zoning Code in order to
codify the new development standards. This addition might take the form of one or two
new base zones, an overlay zone, or similar zoning tool and the ultimate form will be
decided in conjunction with the City once the vision for Highway 111 has been defined.
6.4 Public Review Draft Corridor Plan
The R+A Team will modify the Administrative Draft as directed by City staff and prepare
and publish a Public Review Draft Corridor Plan for staff and general public review and
comment.
Task 6 Deliverables:
• Corridor Plan approach recommendation and outline
• Highway 111 Vision
• Admin Draft Design Guidelines, Development Standards, and Implementation
Actions (seven hard copies, plus one electronic copy)
• Public Review Draft Design Guidelines, Development Standards, and
Implementation Actions (Seven hard copies, plus one electronic copy)
Task 7: Environmental Impact Report
PMC, in association with Fehr & Peers, and Rincon, will prepare a legally adequate
program-level Environmental Impact Report (EIR) in compliance with CEQA and the
State CEQA Guidelines for the General Plan Update. The EIR will be comprehensive
and address all environmental issues with a potential to resutt in significant
environmental impacts. The text of the EIR will be supplemented with graphics and
summary tables, as appropriate, to present information in a concise and easily
understood format.
7.1 Establish Thresholds of Siqnificance
PMC, Fehr & Peers, and Rincon will work with City staff to establish thresholds of
significance for each environmental topic to be addressed in the Program EIR. Some
topics contained in the State CEQA Guidelines Appendix G checklist may not apply to
Palm Desert. While the topical areas described in Appendix G will serve as a guide for
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development of the City's thresholds, the issues addressed may be further defined,
modified, replaced, or dismissed.
7.2 Prepare Notice of Preparation
PMC will prepare a Notice of Preparation (NOP) that includes a brief project description
and a summary of the probable significant effects on the environment resulting from
adoption and implementation of the Palm Desert General Plan Update. As the City is
anticipating preparation of a comprehensive EIR addressing all required topics under
CEQA, we will not prepare an Initial Study. The NOP will describe where relevant
project documents are available for review, where written comments on the scope of
the EIR may be sent, and the deadline for submitting comments. The NOP will also
identify the date and location of a public scoping meeting to be held for the project. The
NOP will be circulated for public comment for 30 days, as required under CEQA. As
part of the NOP release, we will assist the City in preparing the necessary
correspondence requesting Native American consultation required by SB 18.
7.3 Conduct Scopinp Meetinq
The R+A Team will facilitate a scoping meeting during the NOP comment period. To
promote attendance by both agencies and the general public, we recommend staging
the meetings as one roundtable presentation in the mid-afternoon (primarily for agency
staff), followed by a study session or agenda item designed for the general public
before the Planning Commission on the same evening. R+A will prepare comment
cards and a PowerPoint presentation for the scoping meeting and will present an
overview of the environmental review process for the project.
7.4 Prepare Administrative Draft Program EIR
PMC, in association with other team members, will prepare an administrative Draft
Program EIR evaluating the potentially significant impacts that would result from
implementing the Palm Desert General Plan Update. The EIR will contain all of the
information and topics outlined in Sections 15120 to 15132 of the State CEQA
Guidelines, and will be comprised of the following sections.
Executive Summary
The Executive Summary will clearly summarize the main findings of the EIR. It will
include a summary table that summarizes the impacts, the significance of each impact
before mitigation, any recommended mitigation measures (if required), and the
significance of each impact after mitigation. The Executive Summary will also
summarize areas of controversy, alternatives, and any significant and unavoidable
impacts.
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Introduction
The introduction will describe the organization, type, and use of the EIR; the
environmental review process; the focus of the EIR analysis; other documents used to
prepare the EIR; lead and responsible agencies; and opportunities for public comment.
Project Description
The project description will be based on the contents of the Palm Desert General Plan
Update and will include the regional and local setting, project history, project objectives,
project characteristics and components, phasing and implementation, and other
information important to understanding the proposed project. It will also describe how
the Program EIR can be used to streamline environmental review for later activities
consistent with the Palm Desert General Plan Update. Below is an outline of the
anticipated review process:
• Determine whether the later project is consistent with or further
implements the Palm Desert General Plan Update This evaluation would
include later projects consistent with SCAG's Sustainable Communities Strategy
(CEQA Guidelines Sections 15168, 15183, and 15183.5, SB 375, and SB 226).
• Evaluate whether the later project would have environmental effects that
are unique or peculiar to the project or parcel or would result in impacts
not previously considered in the Program EIR. The later project's anticipated
environmental effects would be compared against conclusions of the Program
EIR. This would be done using a customized checklist similar to CEQA
Guidelines Appendix G, provided as an appendix to the EIR (CEQA Guidelines
Sections 15152 and 15183).
• Determine and document whether the later project is covered by the
Program EIR or determine the extent of environmental review for the later
project. This would either identify that the Program EIR addresses the later
project and no further environmental review is required, or would focus the
environmental analysis for the later project to issues not addressed by the
Program EIR.
Setting, Impacts and Mitigation Measures
PMC will describe the existing setting, and will identify impacts that would result from
implementation of the Palm Desert General Plan Update, the level of impact
significance, mitigation measures to reduce the impact to a less than significant level,
residual impacts, and any unavoidable significant impacts. Because we propose that
the Palm Desert General Plan Update be self-mitigating to the extent possible,
mitigation and monitoring measures should become part of the Plan's implementation
program. The EIR will also describe the regulatory framework for each topic area, and
identify portions of the Palm Desert Municipal Code that can mitigate potential impacts.
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A comprehensive EIR addressing all topic areas specified within CEQA is proposed
and, unless specific topics are excluded through the Scoping process. The topics are:
• Aesthetics
• Agriculture
• Air quality
• Biological resources
• Cultural resources
• Geology/soils
• Hazards and hazardous materials
• Hydrology/water quality
• Land use/planning
• Mineral resources
• Noise
• Population/housing
• Public services
• Recreation
• Transportation/traffic
• Utilities/service systems
Certain sections of the EIR will require a high level of effort and significant technical
analysis. These sections are listed and described below.
Air Quality
Rincon will prepare a CEQA-level Air Quality technical study, which will be documented
in the EIR. The study will include a description of the project undertaking, the air quality
regulatory and environmental setting, description of the methodology, analysis of
potential impacts, and mitigation measures to avoid, reduce, or mitigate potential
impacts to air quality, if necessary. The following steps will be undertaken to complete
the study pursuant to guidance provided by the South Coast Air Quality Management
District's (SCAQMD) CEQA Air Quality Handbook and Guidance Document for
Addressing Air Quality Issues in General Plans and Local Planning (General Plan
Guidance).
The Air Quality technical study will include a discussion of the pertinent air quality
statutes and regulations at the local, regional, state and federal levels, accompanied, to
facilitate due diligence, by a list of agencies that would have jurisdiction over air quality
aspects of each of the alternatives. Rincon will describe regional meteorology and
pollutant levels as measured at the relevant SCAQMD or other agency monitoring
stations in the area provide a summary of available ambient monitoring data. Rincon
will also define the thresholds of significance for CEQA consideration, based on
SCAQMD and City criteria and guidelines.
The General Plan does not include any specific development proposals. Therefore, the
analysis of temporary construction impacts will be qualitative in nature. SCAQMD
thresholds for key pollutants of concern - volatile organic compounds (VOCs), nitrogen
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oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), respirable particulate matter
(PM10), and fine particulate matter (PM2.5) — will be discussed, as will SCAQMD rules
and regulations pertaining to control of construction-related emissions. The general type
and size of project that may generate emissions exceeding SCAQMD thresholds will be
identified, as will areas where potential future construction activity could adversely
affect sensitive receivers.
Rincon will prepare a regional emissions inventory that will include quantification of
mobile source emissions related to project-generated vehicle trips and stationary
source emissions related to energy demand (i.e., natural gas consumption). This
emission inventory will be compiled using CaIEEMod and will be performed for the
General Plan forecast year. Emissions will be compared to SCAQMD regional forecasts
to determine whether the General Plan may have the potential to delay attainment of
state or federal air quality standards.
Rincon will also identify the potential for CO hot spots that may be caused or
exacerbated by implementation of the General Plan as well as areas where sensitive
land uses (such as residences) may be located within areas subject to exposure to
elevated levels of diesel particulates or other toxic air contaminants. The analysis will
consider motor vehicle volumes provided in the traffic study and the proximity of
proposed sensitive land uses to high traffic levels. We have assumed that the CO hot
spot evaluation will include screening level analysis of up to five local intersections.
Cultural Resources
Rincon will provide historic preservation, archaeological, and paleontological analysis
for the Draft EIR, which will reflect the scope of issues arising from proposed General
Plan update and offer strategic advice in relation to key historic preservation issues.
Rincon will analyze the potential impacts of development facilitated by the General Plan
against the CEQA significance thresholds for cultural resources and consider whether
General Plan development may conflict with applicable goals, policies, or programs of
the Archaeological & Cultural Resources Element. If deemed necessary, Rincon's
cultural resources experts will provide mitigation recommendations to reduce potential
impacts. Rincon will also provide recommendations for any specific
research/assessments/ studies regarding potential historic resources.
Archaeological documentary research will include a review of relevant published
scholarly literature, a search of archaeological and historic maps, records and reports
for the City of Palm Desert area in the California Historical Resources Information
System (CHRIS) on file at the Eastern Information Center, and a search of the
California Native American Heritage Commission's (NAHC's) Sacred Land Inventory.
Additionally, Rincon will consult with Historical Society of Palm Desert regarding any
archaeological and Native American collections which the society may curate.
Rincon will consult with appropriate Cahuilla and other Native American traditional
cultural practitioners identified by the NAHC to identify places of cultural importance to
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tribes for which the City of Palm Desert is part of their traditional aboriginal territories.
Consulted Native American representatives will be invited to identify any concerns
regarding the General Plan update and cultural resources.
Historical resources documentary research will include a review of relevant literature,
including previous survey reports, inventories, assessments and reports available for
the area through the CHRIS SCCIC as well as the City of Palm Desert and the
Historical Society of Palm Desert. Records to be consulted may include but may not be
limited to the recent citywide survey (2011) as well as the museum and archives
maintained by the Historical Society of Palm Desert, relevant City documents (municipal
codes, regulations, planning reports); historical materials (period newspaper articles,
photographs, maps), and published local histories.
Energy Use and Greenhouse Gas Emissions
With regard to energy conservation, PMC staff will build off their previous work on the
Energy Action Plan and work with the California Energy Commission (CEC) and service
providers where possible to identify energy use data to characterize the existing and
future energy use.
Greenhouse Gas Emissions
Energy demands associated with the proposed General Plan Update will be identified
and analyzed against projected regional energy availability. The analysis will also
determine whether the General Plan Update would cause energy to be consumed in an
inefficient manner. PMC will prepare a greenhouse gas (GHG) emissions impact
analysis section. We will draw heavily on GHG reduction measures and analysis
completed as part of the General Plan Update. We will summarize federal, state, and
local GHG-related regulations, policies, and programs, and identify Palm Desert
General Plan Update policies and implementation programs that can reduce GHG
emissions. In coordination with City staff, PMC will consult with the SCAQMD regarding
appropriate methodologies to assess impacts.
The analysis will use the most current plan-level thresholds of significance considered
or identified by the SCAQMD. The determination of significance will be based on
whether the level of GHG emissions generated with implementation of the Palm Desert
General Plan Update would constitute a substantial contribution to the significant
adverse cumulative impacts of global climate change. If the construction or operation of
projects consistent with the Palm Desert General Plan Update would violate the
applicable thresholds of significance, mitigation measures (quantitative and best
management practices) that clearly identify timing, responsibility, and performance
standards to avoid or fully reduce adverse and potentially adverse effects will be
developed and applied, where necessary, using guidance from CAPCOA and
SCAQMD. To the extent practical, PMC will recommend incorporating these measures
as Palm Desert General Plan Update policies or implementation programs.
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Noise
Rincon will prepare the Noise section of the EIR based on the technical noise study,
which will: establish standards of significance, policies and guidelines; describe the
existing setting; and analyze potential noise and vibration impacts related to
construction activities, surface transportation, and other aspects of the operation of
individual projects that are noise intensive or that have the potential to generate
substantial noise. Potential noise increases along major roadways will be calculated
and forecast noise levels will be compared to proposed standards to determine whether
or not General Plan implementation would create potential noise compatibility issues.
Other areas of potential noise incompatibilities (e.g., areas where residential and
industrial uses abut, mixed use districts) will also be identified. As necessary, Rincon
will develop mitigation measures to address any compatibility impacts, focusing on
solutions related to design and use of sound-attenuating building materials.
Transportation and Traffic
PMC will prepare the Transportation and Traffic section of the EIR based on a technical
report completed by Fehr & Peers. Fehr & Peers will summarize the previously
developed existing conditions analysis for inclusion in the transportation impact study.
Using the Citywide Travel Demand Model developed in Task 3, Fehr & Peers will
estimate local and regional growth in transportation demand, based on future land use
forecasts and known regional transportation network changes. Future land use
estimates for the City of Palm Desert will be vetted with the project team and City staff
prior to running the model to forecast future conditions. Future roadway traffic volumes
and LOS will be estimated using the verified land use forecasts and General Plan
transportation network. Transportation impacts associated with the General Plan will be
evaluated in accordance with the standards identified in Phase 1. Mitigation measures
will be identified to address impacts associated with the general plan.
Fehr & Peers will also support the project team in its development and quantification of
General Plan sustainability strategies through the following:
• Assisting with the development of any GHG reduction targets.
• Calculating the effectiveness of national and statewide strategies related to
transportation.
• Developing VMT and GHG reduction strategies related to transportation.
Fehr + Peers will then prepare a draft report for review and submittal.
Water Supply
With regard to water supply, PMC will use existing documentation on water supply
planning for the City to address future water supply demands and the anticipated ability
to provide service (i.e., 2010 Urban Water Management Plan). This will include a
discussion and analysis of the possible water supply sources and associated
infrastructure, competing interests and needs for water supply, and the associated
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environmental effects of water supply provision (consistent with State Supreme Court
CEQA decision under Vineyards Area Citizens for Responsible Growth v. City of
Rancho Cordova).
Cumulative Impact Summary
An EIR must also discuss cumulative impacts of a project pursuant to CEQA Guidelines
Section 15130. PMC will prepare a cumulative analysis summary that addresses each
topic covered in the environmental analysis and will identify appropriate mitigation
measures for any significant impacts. The analysis will assess the cumulative impacts
of implementing the Palm Desert General Plan Update relative to SCAG regional
forecasts.
Alternatives
An EIR must consider a reasonable range of potentially feasible alternatives that will
foster informed decision-making and public participation. PMC will coordinate with City
staff during preparation of the Palm Desert General Plan Update to develop and
analyze up to three (3) alternatives to the proposed project, in addition to the no project
alternative.
Other CEQA Requirements
The EIR will include other required sections, including growth-inducing impacts of the
project, significant irreversible environmental effects, and a summary of significant and
unavoidable impacts of the project. The growth inducement analysis will discuss ways
in which the Palm Desert General Plan Update could indirectly or directly foster
economic or population growth. This could include construction of additional housing or
projects which would remove obstacles to population growth.
Environmental Review Checklist for Subsequent Projects
While not required under CEQA, PMC will include an environmental review checklist
that could be adopted as part of the Palm Desert General Plan Update which would
expand the City's use of the State CEQA Guidelines Appendix G checklist for future
projects consistent with the Palm Desert General Plan Update by using the thresholds
and mitigation identified in the EIR. The purpose of this checklist will be to identify when
subsequent projects are fully or partially addressed in the environmental analysis in the
Program EIR and to what extent further environmental review would be required. This
checklist will be designed with items specific to Palm Desert and would utilize and
cross-reference analyses in the EIR.
PMC will provide the administrative draft EIR to the City for review and comment. One
round of administrative draft review is anticipated.
7.5 Prepare public draft EIR
37
Contract No. C33240
PMC will incorporate one round of consolidated City comments on the Administrative
Draft EIR and submit a Screencheck Draft EIR, followed by a Public Draft EIR and
Notice of Availability to the City for distribution for a 45-day public comment period.
PMC will file 15 copies of the Executive Summary and 15 CDs of the entire document
(as preferred by the State Clearinghouse) and an NOC with the State Clearinghouse.
The City will distribute the EIR to interested stakeholders and/or publish the Notice of
Availability in a newspaper of general circulation.
7.6 Response to Comments and Final EIR
PMC will review the comments received during the public review period on the Draft
EIR. We will compile the responses to comments and make necessary changes to the
Draft EIR to create the Administrative Final EIR. The Administrative Final EIR will
include an introductory chapter, enumerated comment letters and public hearing
comments on the Draft EIR, responses to all comments on the Draft EIR, and a listing
of revisions to the Draft EIR. The Draft EIR will not be reprinted as part of the Final EIR.
Any revisions to the text or analysis of the Draft EIR would be noted by Draft EIR page
location within the Final EIR.
PMC has provided a reasonable estimate of the level of effort required to prepare
responses to comments based on our experience with similar projects. PMC will
respond to comments related to the potential physical impacts of the proposed project
as they relate to the analysis of the EIR within the estimated level of effort. Responses
will involve explanation and clarification of the contents of the Draft EIR. New technical
analysis will not be conducted as part of the response to comments.
If the EIR proposes formal mitigation measures that are not otherwise addressed by
Palm Desert General Plan Update policies or implementation programs, PMC will
prepare a draft mitigation monitoring and reporting program (MMRP). The monitoring
plan will incorporate features to monitor the success of mitigation, determine
responsible parties for monitoring proposed mitigation, describe the role of the project
proponent, identify guidelines and specifications for conducting monitoring and
reporting results, and specify enforcement procedure for noncompliance.
Upon receiving comments on the Administrative Final EIR and MMRP, PMC will revise
the documents and prepare the Final EIR for distribution. The City will prepare the
Findings and Statement of Overriding Considerations, if necessary. If requested by the
City, PMC can prepare the Findings and Statement of Overriding Considerations on an
additional time-and-materials basis.
Task 7 Deliverables:
• Screencheck Draft NOP (electronic) and Public Draft NOP (electronic), NOC,
NOA, newspaper notice, and correspondence initiating SB 18 consultation.
• One (1) scoping meeting, split into two (2) presentations, as described above,
PowerPoint presentation, comment cards
38
Contract No. C33240
• Administrative Draft EIR (three hard copies, plus one electronic)
• Screencheck Draft EIR (three hard copies, plus one electronic), Draft EIR (15
State Clearinghouse submittals + electronic), one public meeting, Notice of
Availability (electronic), NOC for delivery to the State Clearinghouse (electronic)
• Administrative Final EIR (3 copies + electronic), draft Mitigation Monitoring and
Reporting Program MMRP)(electronic), Final EIR (10 copies + electronic)
Task 8: Public Review and Adoption
Following the completion of the draft documents, the team will move the documents
through public review and adoption process. The specific tasks are discussed below.
8.1 Planning Commission Hearinqs
R+A will prepare for and attend up to two Planning Commission hearings on the final
General Plan, Corridor Plan, and EIR.
8.2 Citv Council Hearinps
R+A will prepare for and attend up to two certification and adoption hearings on the final
General Plan, Corridor Plan, and EIR with the City Council.
8.3 Preparation of Final Documents
Following certification and adoption of the Palm Desert General Plan, Highway 111
Corridor Plan, and EIR, R+A will complete minor graphic and/or textual revisions to the
General Plan within state law and the stated budget, at the discretion of the City.
Task 8 Deliverables:
• Attendance at up to 2 Planning Commission hearings
• Attendance at up to 2 City Council hearings
• Preparation of a single, brief (20 slide; 20 minute) presentation for use at both
the City Council and Planning Commission Hearings
• Preparation of the Final General Plan, Corridor Plan, and EIR (Note the level of
changes are limited to the hours listed in the project budget)
Task 9: On-Going Project Management
R+A will serve as the Project Manager and Prime Consultant for this project. As such,
R+A will work closely with City staff, manage all subconsultants, maintain the project
schedule, and track project costs.
R+A will communicate regularly with staff., including monthly three-hour team meetings
at the City's offices, monthly (or more frequent if necessary) conference calls, and email
and phone communication as needed throughout the project.
39
Contract No. C33240
In addition to regularly scheduled project management meetings, R+A will organize a
series of team meetings where consultants can meet with City staff throughout the
project. These meetings will be an opportunity for the team to brainstorm and work
together on critical project issues. Note that the number of ineetings and conference
calls attended by each sub-consultant varies depending on their level of involvement in
the project.
Task 9 Deliverables
• Monthly in-person meetings with City staff
• Monthly conference calls with City staff
• Ongoing email and phone communication with City staff
• Topic-specific team meetings as needed, subject to budget
40
Contract No. C33240
EXHIBIT "B"
SCHEDULE OF SERVICES
Task Com letion Date
Task 1: Pro'ect Initiation
1.1 Pro'ect Initiation Meetin June 6, 2014
1.2 Collect Information and Develo GIS Database June 13, 2014
1.3 Kick-Off Team Meetin /Tour June 6, 2014
Task 2: Communit En a ement
2.1 Technical Workin Grou Jul 31, 2015
2.2 Stakeholder Interviews June 13, 2014
2.3 Hi hwa 111 Corridor Plan Worksho s Janua 30, 2015
2.4 D�aft General Plan Public Worksho s Jul 31, 2015
Task 3: Back round Re ort
3.1. Review and Assess Re orts, Studies, and Re ulations June 30, 2014
3.2 Pre are Back round Re ort Outline June 30, 2014
3.3 Admin Draft Back round Re ort Jul 16, 2014
Cit Review of Back round Re ort Jul 31, 2014
3.4 Traffic Model U date Jul 31, 2014
3.5 Final Back round Re ort Au ust 29, 2014
Task 4: General Plan Vision and Alternatives
4.1 Develo Vision and Alternatives Se tember 26, 2014
Cit Review of Vision and Alternatives October 10, 2014
4.2 Conduct Alternatives Anal sis October 31, 2014
Cit Review of Alternatives Anal sis November 7, 2014
4.3 Create Final Land Use and Trans ortation Plan December 5, 2014
Task 5: General Plan
5.1 General Plan Outline and Polic Framework December 12, 2014
Cit Review of General Plan Outline and Polic Framework December 19, 2014
5.2 Administrative Draft General Plan March 17, 2015
Cit Review of Administrative Draft General Plan March 31, 2015
5.3 Screencheck Draft General Plan A ril 16, 2015
Cit Review of Screencheck Draft General Plan A ril 30, 2015
15
Contract No. C33240
5.4 Public Draft General Plan June 5, 2015
Task 6: Hi hwa 111 Corridor Plan
6.1 Framework Plan of Develo ment and Alternatives October 17, 2014
Cit Review of Framework Plan and Alternatives October 24, 2014
6.2 Preferred Framework and Vision Plan December 1, 2014
Cit Review of Preferred Framework and Vision Plan December 12, 2014
6.3 Administrative Draft Corridor Plan Februar 6, 2015
Cit Review of Administrative Draft Corridor Plan Februa 20, 2015
6.4 Public Review Draft Corridor Plan Ma 8, 2015
Task 6: Environmental Im act Re ort
7.1 Establish Thresholds of Si nificance November 14, 2014
7.2 Pre are Notice of Pre aration November 21, 2014
30-Da Public Review Period December 22, 2014
7.3 Conduct Sco in Meetin December 22, 2014
7.4 Pre are Administrative Draft Pro ram EIR A ril 24, 2015
Cit Review of Administrative Draft Pro ram EIR Ma 22, 2015
7.5 Pre are Public Draft EIR June 23, 2015
45-Da Public Review Period Au ust 10, 2015
7.6 Res onse to Comments and Final EIR Se tember 18, 2015
Cit Review of Res onse to Comments and Final EIR October 16, 2015
7.7 Com letion of Res onses to Comments and Final EIR October 30, 2015
Task 8: Public Review and Ado tion
8.1 Plannin Commission Hearin s November 30, 2015
8.2 Cit Council Hearin s December 31, 2015
8.3 Pre aration of Final General Plan Janua 31, 2016
15
Contract No. C33240
EXHIBIT "C"
COMPENSATION
; labor Cost
Compensation Summary Per Task
Tasks
Task 1: Project Initiation $ 19,790
Task 2: Community Engagement $ 61,480
Task 3: General Plan Background Report $ 161,530
Task 4: General Plan Vision and Alternatives $ 64,280
Task 5: General Plan $ 143,660
Task 6: Highway 111 Corridor Plan $ 95,740
Task 7: Environmental Impact Report $ 162,240
Task 8: Public Review and Adoption $ 29,360
Task 9: On-Going Project Management $ 24,120
General: Management of Subconsultants $20,220
EXpeI�1SCS (line item—to be billed as percentage complete, not as reimbursables) ,� 17�2g3
Grand Total $799,703
Contract No. C33240
EXHIBIT"C" (CONTINUED�
HOURLY BILLING RATES
�
�
..
�
�o Principal $185
Q Senior Planner $150
+ Public Health Specialist $125
'� Planner/Designer $100
�
Project Assistant $65
c � c' Principal $180
� o � Senior Designer/Planner $150
� ~ a.
Designer/Illustrator $120
Project Manager $165
Principal Planner $195
V Senior Planner/Facilitator $130
� Associate Planner $110
Assistant Planner $90
Web Developer/Graphics $95
Tech Edit/WP $75
�
Principal $225
� Senior Planner $160
a�
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+
� Engineer $135
� Graphics/
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w
+
�
� Principal $180
v� Principal $180
� �'� $135
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