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DATE: July 6, 2016 CONSENT CALENDAR
SUBJECT: APPROVAL OF A REAL PROPERTY ACQUISITION AGREEMENT WITH
AENEAS VALLEY RANCH, LLC, A WASHINGTON LIMITED LIABILITY
COMPANY, TO ACCEPT DONATED PROPERTY IDENTIFIED BY
ASSESSORS PARCEL NUMBER (APN) 635-060-011 FOR THE
PROPOSITION 1 GRANT PROGRAM — REMEDIATION OF THE DUNN
ROAD SITE
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
The City has successfully obtained a grant in the amount of$65,390 from the Coachella
Valley Mountains Conservancy through the Proposition 1 Grant Program to proceed
with preparation of a remediation plan and required environmental documentation to
complete the remediation of a 40-acre parcel of land to be donated to the City by the
property owner, Aeneas Valley Ranch, LLC, a Washington limited liability company,
(James Platt, Managing Member). This action will approve and authorize the City
Manager to enter into an agreement to acquire the donated real property, identified by
Assessor's Parcel Number (APN) 635-060-011, and to authorize issuance of a
Purchase Order in the amount of$65,390 with Terra Nova Planning and Research.
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS CALIFORNIA, ACCEPTING THE DONATION OF 40
ACRES OF VACANT REAL PROPERTY FROM AENEAS VALLEY RANCH, LLC, A
WASHINGTON LIMITED LIABILITY COMPANY, FOR THE PROPERTY
IDENTIFIED BY ASSESSOR PARCEL NUMBER (APN) 635-060-011"; and
2. Approve a Real Property Acquisition Agreement, (A ), with Aeneas Valley
Ranch, LLC, a Washington limited liability corporation, in the amount of $0 to accept
the conveyance of donated property identified by Assessor's Parcel Number (APN)
635-060-011; and
ITEM NO._Q�_
City Council Staff Report
July 6, 2016 - Page 2
Acceptance of Donated Real Property APN 635-060-011
3. Authorize a Purchase Order in the amount of $65,390 with the City's "on-call"
environmental assessment (CEQA) services firm, Terra Nova Planning and
Research, Inc., pursuant to Agreement No. 6559, for preparation of environmental
and remediation documentation for the "Dunns Road Project'; and
4. Authorize the City Manager to execute all necessary documents, open escrow, and
pay for associated escrow and title costs associated with the acceptance of the
donated real property.
STAFF ANALYSIS:
On October 7, 2015, the City Council adopted Resolution No. 23903 supporting and
authorizing the submittal of applications for grant funds from the Coachella Valley
Mountains Conservancy Proposition 1 Program. The Coachella Valley Mountains
Conservancy, (the "Conservancy'), was established by California Public Resources
Code Section 33501 in 1991 to protect the natural and cultural resources of the
Coachella Valley and its surrounding mountains, which include the San Jacinto and
Santa Rosa Mountains National Monument and portions of Joshua Tree National Park.
The Conservancy has a history of working efficiently with federal agencies, Riverside
County, local cities and numerous nonprofit organizations to preserve open space,
wildlife, scarce water resources and historical artifacts through conservation land
acquisition, habitat management or restoration, and educational and recreational
opportunities for residents and visitors.
Proposition 1, the "Water Quality, Supply, and Infrastructure Improvement Act of 2014,"
was enacted by the voters on November 4, 2014, to provide a comprehensive and
fiscally responsible approach for addressing the array of challenges facing California's
limited water resources. Proposition 1 provides funding to implement the three
objectives of the California Water Action Plan, namely, more reliable water supplies, the
restoration of important species and habitat, and a more resilient and sustainably
managed water infrastructure.
Under Chapter 6 of Proposition 1, the Conservancy received an allocation of $10 million
to fund multi-benefit water quality, water supply, and watershed protection and
restoration projects that benefit the Coachella Valley. On May 11, 2015, the
Conservancy adopted the Proposition 1 Grant Program Guidelines, (the "Guidelines"),
establish the process to be used by the Conservancy to solicit applications, evaluate
proposals and award grants of Proposition 1 funds. The Conservancy anticipates
making $2.5 million available for eligible projects in fiscal year 2015-16, and
approximately $2.0 million per year for the next four fiscal years. The minimum grant
amount is $5,000. The Conservancy will administer one or more competitive cycles
each fiscal year through the issuance of a notice of funding availability ("NOFA").
Applicants must submit a Conservancy Proposition 1 grant application package in
accordance with the requirements of a NOFA to be considered.
02
City Council Staff Report
July 6, 2016- Page 3
Acceptance of Donated Real Property APN 635-060-011
On May 11, 2015, the Conservancy adopted the Proposition 1 Grant Program
Guidelines, and requires:
Applicant possesses legal authority to apply for the grant, and to implement the
proposed project described in the Project Narrative attached below.A resolution, motion
or similar action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to
provide such additional information as may be required.
Eligible projects include 'Watershed Restoration Projects" intended to enhance
watershed related natural features, such as washes, channels, streams, or riverbeds.
An example is by implementing a project to cleanup or remediate hazardous materials
that are detrimental to water quality and/or habitat value. Under this eligible project
category, staff recommended and the City Council approved the submittal of an
application related to the remediation of a 40-acre agricultural parcel of land:
40-Acre Agricultural Parcel Clean-Up & Remediation Project— this project proposes
to remediate hazardous materials illegally disposed on a 40-acre agricultural parcel
located in the southern portion of the City's limits in the Pinyon Pines area, off of Dunn's
Road, as shown in Figure 1. This parcel is located in an environmentally sensitive area
at the top of the watershed to Palm Canyon Wash; stormwater passing over this
property has the potential to percolate through the hazardous materials and
contaminate the underlying aquifer — which is at the headwaters of the Palm Canyon
Wash. Grant funds requested: $885,000
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Figure 1
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City Council Staff Report
July 6, 2016 - Page 5
Acceptance of Donated Real Property APN 635-060-011
The parcel of land was previously used for agricultural purposes, but subsequently has
had trash, debris and refuse, including potentially hazardous materials, illegally
disposed on the site. A close up aerial view of the parcel is shown in Figure 3.
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On January 22, 2016, the Conservancy notified the City of the Conservancy's approval
of the Remediation Project, and a recommending of funding. A copy of the
Conservancy's letter is included as Attachment 1. Subsequently, the City has received
an agreement from the Conservancy awarding the City $65,390 in Proposition 1 funding
05
City Council Staff Report
July 6, 2016 - Page 6
Acceptance of Donated Real Property APN 635-060-011
to initiate the first phase of the Remediation Project, described as: Assess the level and
type of contamination, and develop a remediation and restoration plan. Conduct surveys
and studies and prepare documentation necessary for CEQA and NEPA compliance
related to the city of Palm Spring's San Jacinto Mountains Watershed Acquisition &
Restoration project. A copy of the Proposition 1 grant agreement is included as
Attachment 2.
As a condition of the $65,390 award for initial phase one assessment and a remediation
and restoration plan, the Conservancy required that the city provide actual cost
estimates for environmental assessment services. Staff utilized the City's existing "on
call" agreement to acquire a quote for the services needed to begin the Dunn Road
project.
On June 18, 2014, city council approved an "on call" agreement with five professional
firms that provide environmental assessment services. The approved agreements
provided services for an initial three year term. On March 2, 2016, staff requested
proposals from each of the five firms approved by the city council for "on call"
environmental services, requesting scope and fee to provide preliminary environmental
services associated with the Dunn Road project. A copy of the City's Request for
Proposals solicitation is included as Attachment 3.
Of the firms that responded to the City's solicitation, Terra Nova Planning and Research
Inc., provided the lowest cost and most complete response for the preliminary
environmental phase of the Dunn Road project, at a cost of $65,390; it was on the basis
of Terra Nova's scope and fee that the City provided the requested preliminary phase
cost information to the Conservancy, on which they based their initial award to the City
in the same amount. A copy of the Terra Nova proposal is included as Attachment 4.
Staff recommends that the City Council authorize a Purchase Order in the full amount of
$65,390 to begin the initial phase of the Dunn Road project. Once complete, staff will
submit proof of payment to the Conservancy for reimbursement.
Subsequent phases of funding through the Conservancy's Proposition 1 Program are
anticipated to cover physical remediation of the property. However, there is no
guarantee that the Conservancy will award the City future funding to complete the
remediation project. In that event, the City has coordinated with the California
Department of Resources, Recycling and Recovery to request that the state accept and
participate in the cleanup and remediation of the property through their Solid Waste
Disposal and Codisposal Site Cleanup Program; a copy of the City's request letter is
included as Attachment 5. The California Conservation Corps has also indicated an
interest in providing resources and participating in the cleanup of this property.
At the September 2, 2015, City Council closed session meeting, Council provided
direction to staff to pursue acquisition of the property and open escrow with the property
owner, on the condition that acquisition does not occur unless the City is awarded the
06
City Council Staff Report
July 6, 2016 - Page 7
Acceptance of Donated Real Property APN 635-060-011
Proposition 1 Grant. At the June 15, 2016, City Council closed session meeting,
Council received an update from staff on the City's award of the Proposition 1 grant
from the Conservancy, and directed staff to proceed with acceptance of the donated
property on the condition that escrow to acquire the donated property not close until
such time as the City has secured all grant funds necessary to complete the
remediation, or otherwise confirms third-party resources have been committed to the
City. The acquisition agreement to acquire the donated property has been revised to
identify and indefinite date to the closing of escrow (Section 2.3), as well as Paragraph f
of Section 2.3.1 "Conditions of City for Close of Escrow" which states:
(0 City has obtained 100% of the funding necessary to perform remediation and
cleanup of the Property, either from grant funding through the Coachella Valley
Mountains Conservancy or such other grant award agencies, or through
committed agreements with third party agencies to perform such remediation
(including the California Department of Resources, Recycling and Recovery to
request that the state accept and participate in the cleanup and remediation of
the property through their Solid Waste Disposal and Codisposal Site Cleanup
Program). As of the date this Agreement is executed, the City has obtained
funding to perform preliminary assessment and environmental review for actions
necessary to perform remediation and cleanup of the Property, at the completion
of this work, City will identify the full cost of the remediation and cleanup of the
Property and request additional funding from the Coachella Valley Mountains
Conservancy.
Staff has prepared a Real Property Acquisition Agreement with the property owner,
Aeneas Valley Ranch, LLC, a Washington limited liability company, (James Platt,
Managing Member), to facilitate the transfer and conveyance of the donated real
property to the City. A copy of the agreement is included as Attachment 6.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). Section
15061(b)(3) of the CEQA Guidelines exempts activities that are covered under the
general rule that CEQA applies only to projects that have the potential to cause
significant effects on the environment. Where it can be seen with certainty that there is
no possibility the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. The proposed activity undertaken by this action is to
authorize the acceptance of donated real property, with the resulting action being the
transfer of title from the current property owner to the City of Palm Springs. No physical
changes to the property will result from the action being taken. The future remediation
of the property is subject to separate environmental review in accordance with the
CEQA Guidelines, which will be completed prior to the City Council's approval of any
actions implementing such remediation.
07
City Council Staff Report
July 6, 2016- Page 8
Acceptance of Donated Real Property APN 635-060-011
FISCAL IMPACT:
The fair market value of the property to be donated and accepted by the City is
$200,000; however, costs to remediate and clean up the property have been estimated
to cost as much as $700,000. Acceptance of the donated real property requires the City
to enter into escrow to facilitate the conveyance of property; it is estimated that escrow
and title fees in the amount of $10,000 will be incurred. Escrow to acquire the donated
property will not close until the City has secured such additional funds as may be
necessary to complete the required remediation of the property, or the City secures
third-party resources committed to such clean up. Sufficient funding for estimated
escrow fees are budgeted and available in the General Fund, Account 001-4171-43200.
Sufficient funds are budgeted and available in the Recycling Fund Account No. 125-
1280-42691 to authorize the Purchase Order with Terra Nova in the amount of $65,390
which will be reimbursed by the Conservancy.
SUBMITTED:
*ru Fuller, M A, P.E., P.L.S. David H. Ready, Es
Assistant City Manager/City Engineer City Manager
Attachments:
1 . January 22, 2016, Conservancy Letter
2. Proposition 1 grant agreement
3. Request for Proposals for Preliminary Environmental Services
4. Response to RFQ from Terra Nova
5. City Request Letter- Solid Waste Disposal and Codisposal Site Cleanup Program
6. Real Property Acquisition Agreement
7. Resolution
08
ATTACHMENT 1
PROTECTING OUR NATURAL AND CULTURAL HERITAGE
January 22,2016
Michele Mician
Sustainability Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Application for Proposition 1 Grant/Remediation and Acquisition of
Dunn Road Site
Dear Michele:
The CVMC Board of Directors met on Monday, January 11 to review the staff and expert
panel recommendations for the proposals from the Proposition 1 Grant Program NOFA 2015-01,
including the City of Palm Springs' application for funding of the remediation and acquisition of
the Dunn Road site (the"Project"). The panel recommended the Project for funding with some
conditions based on the Project's ranking under the evaluation criteria in the Grant Program
Guidelines. As we discussed,the conditions relate to obtaining and verifying more precise cost
estimates and imposing a cone nation easement on the site after its acquisition.
I am pleased to report that the Board directed CVMC staff to work with the City on
preparing a resolution awarding a grant to the City to fund the site assessment activities needed
to develop and estimate the cost of the remediation plan for consideration at an upcoming Board
meeting. The costs of preparing CEQA documentation for the Project's implementation would
also be eligible grant expenses, so those can be included in the site assessment grant.Note that
an award will not be made until final approval of a resolution by the Board and execution of a
grant agreement between the City and CVMC.
In order to be able to establish the specific amount of the site assessment grant,we
request that the City undertake procurement for such work prior to our placing the item on the
agenda. We hope to schedule Board consideration at the May 9,2016 meeting,for which the
agenda will be finalized on or about April 28,2016. The next meeting after that will be on
73-710 Fred Waring Drive, Suite 112, Palm Desert, CA 92260 (760) 776-5026 www.cvmc.ca.goa 0
Michele Mician
January 22,2016 Page 2
f
Julyl3, with the agenda to be finalized around.June 29. Please let me or Bob Gossman of our
staff know if you have any questions.
We appreciate the City's willingness to participate in the Conservancy's program to
implement the California Water Action Plan in the Coachella Valley and look forward to
continuing to work with you and other City officials. .
Sincerely yours,
T R. Karprak
cutive Director
cc: Charlotte Whitney
Bob Gossman
11 ',
ATTACHMENT 2
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DRAFT COPY
State of California - The Resources Agency
COACHELLA VALLEY MOUNTAINS CONSERVANCY
APPLICATION FOR LOCAL ASSISTANCE GRANT (Proposition 1)
Grant Number: 3850-P01-0008 (Phase 1)
PROJECT NAME: AMOUNT OF GRANT REQUESTED
$65,390.00
Environmental Review and Remediation Plan for San Jacinto
Mountains Watershed Acquisition& Restoration ESTIMATED TOTAL PROJECT COST
$65.390.00
GRANT APPLICANT (agency and address, include zip COUNTY
code) Riverside
City of Palm Springs PROJECT ADDRESS
3200 E.Tahquitz Canyon Way Portion of Riverside County in the South area
Palm Springs, CA 92262
Of Palm Springs 40 acres in S T R
NEAREST CROSS STREET
Dunn Road must have this filled in
SENATE DISTRICT ASSEMBLY DISTRICT
NO. 28 NO. 42
GRANT APPLICANT'S REPRESENTATIVE TITLE PHONE
AUTHORIZED IN RESOLUTION (name typed)
Marcus Fuller Assistant City Manager/ (760)322-8280
City Engineer
PERSON WITH DAY-TO-DAY RESPONSIBILITIES FOR TITLE PHONE
PROJECT IF DIFFERENT FROM AUTHORIZED
REPRESENTATIVE
Sustainability Manager (760)323-8214
Michelle Mician
BRIEF DESCRIPTION OF PROJECT
Assess the level and type of contamination, and develop a remediation and restoration plan. Conduct surveys and studies
and prepare documentation necessary for CEQA and NEPA compliance related to the city of Palm Spring's San Jacinto
Mountains Watershed Acquisition & Restoration project.
For Acquisition projects, Project land will be up to approximately For Restoration or Infrastructure projects, Project Site is
acres. Approximately 40 Acres.
Acquired in fee simple by Grant Applicant. Acres owned in fee simple by Grant Applicant.
Acquired in other than fee simple(explain) Acres available under a year lease.
X Acres other interest(explain)
Option to Acquire
I certify that the information contained in this project application form,including required attachments, is accurate.
SIGNED I I DATE
Grant Applicant's Authorized Representative as shown in Resolution
Page 1 13
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CERTIFICATION
Applicant possesses legal authority to apply for the grant, and to implement the
proposed project described in the Project Narrative attached below. A resolution,
motion or similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may
be required.
Applicant will cause the project to be implemented in accordance with the
schedule, budget and conditions contained in its grant proposal. Where the
project includes land acquisition, the property shall be maintained in perpetuity
for the conservation of its biological and scenic resources. With the approval of
the Conservancy, the applicant or its successors in interest in the property may
transfer the responsibility to maintain the property to a qualified local, state, or
federal agency, or to another qualified non-profit organization.
Applicant will give the State's authorized representative access to and the right to
examine all records, books, papers, or documents related to the grant.
Applicant will comply where applicable with provisions of the California
Environmental Quality Act and the California Relocation Assistance Act, any
other state, and/or local laws, and/or regulations.
Applicant provides the foregoing assurances as witnessed by the signature of
applicant's authorized representative below.
Name, Title Date
Page 2 14
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PROPOSITION 1 GRANT AGREEMENT
Coachella Valley Mountains Conservancy
State of California-The Natural Resources Agency
Grantee Name: City of Palm Springs
Project Title: Environmental Review and Remediation Plan for Palm Springs-San Jacinto
Mountains Watershed Acquisition & Restoration Project
Agreement Number: 3850-P01-0008 Phase 1
Funding Source: Water Quality, Supply, and Infrastructure Improvement Act of 2014—
Proposition 1
Program: Prop 1 Grant Program
Maximum Grant
Amount: $65,390.00
Agreement Date: May 26, 2016
Completion Date: August 31, 2016
Under the terms and conditions of the Agreement, Grantee agrees to complete the Project as
described in the Project Scope attached as Exhibit A, as it may be amended in writing by Grantee
and CVMC, and CVMC agrees to fund the Project up to the Maximum Grant Amount above.
PROJECT DESCRIPTION
Conduct surveys and studies necessary to prepare a remediation plan and required
environmental documentation under CEQA and NEPA for Grantee's proposed watershed
restoration project involving the Palm Canyon watershed within the San Jacinto Mountains.
A detailed Project Scope, Project schedule and Project Budget are attached hereto as Exhibit A
and are hereby incorporated into this Agreement.
The General and Special Conditions attached hereto are hereby incorporated into the Agreement,
Grantee: Grantor:
City of Palm Springs Coachella Valley Mountains Conservancy
By: By:
Marcus Fuller Jim R. Karpiak
Assistant City Manager/City Engineer Executive Director
Page 3 1 rJ
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TERMS AND CONDITIONS OF GRANT
General Conditions
A. Definitions
1. The term "Act' means the legislation authorizing the Funding Source identified above, along
with any applicable regulations established by the Natural Resources Agency or CVMC.
2. The term "Agreement'means this Grant Agreement.
3. The term "Application" means the individual application form, its required attachments and
any proposal submitted by the Grantee to CVMC related to the Project.
4. The term "Application Guidelines" means the CVMC Proposition 1 Grant Program
Guidelines.
5. The term "CVMC' means the Coachella Valley Mountains Conservancy, an agency of the
State of California within the Natural Resources Agency.
6. The term "Grant" or"Grant Funds' means the money provided by CVMC to the Grantee or
its contractors or vendors under this Agreement.
7. The term "Grantee"means the Friends of the Desert Mountains, a California nonprofit public
benefit corporation.
8. The term "Other Sources of Funds'means cash or in-kind contributions that are required or
used to complete the project beyond the Grant Funds provided by this Agreement.
9. The term 'Payment Request"means a form provided by CVMC and/or an invoice and
related documentation used by Grantee to request disbursements under this Agreement.
10. The term 'Project' means the work listed in the Project Scope attached as Exhibit A to be
accomplished with Grant Funds.
11. The term 'Project Budget"means the CVMC approved cost estimate included in Exhibit A to
this Agreement.
12. The term 'Project Scope" means the description included in Exhibit A for work to be
accomplished by the Project.
B. Project Execution
1. Subject to the availability of funds in the Act, CVMC hereby grants to the Grantee a sum of
money (the "Grant Funds") not to exceed $65,390.00 in consideration of and on condition
that the sum be expended in carrying out the purposes as set forth in the description of the
Project in this Agreement and its attachments and under the Terms and Conditions set forth
in this Agreement.
2. Grantee shall complete the Project by July 31,2016, unless an extension has been granted
by CVMC in writing and under the Terms and Conditions of this Agreement. Extensions
may be requested in advance and will be considered by CVMC,at its sole discretion.
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3. Where relevant, Grantee shall at all times ensure that Project complies with the California
Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing
with section 21000 et. seq., Cal Code Regs. title 14, section 15000 et. seq.) and all other
environmental laws, including but not limited to obtaining all necessary permits.
5. Where relevant, Projects must comply with any applicable laws pertaining to prevailing
wages and labor compliance.
6. Grantee shall provide access by CVMC to any of its draft data, surveys, studies or other
work product related to the Project within two business days of CVMC's written request.
7. Prior to the commencement of any work, any modification or alteration in the Project as set
forth in the Application on file with CVMC must be submitted to CVMC for approval.
Changes in Project Scope must continue to meet the need cited in the original application or
they will not be approved.
C. Project Costs
1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible
costs shall not exceed in any event the amount set forth in Section B. 1 above, in
accordance with the budget in the Project Budget, as it may be revised in writing by CVMC.
Grant Funds may be disbursed, at Grantee's option, either through reimbursement to
Grantee for invoice paid, or via prepayment to Grantee based on invoices from
subcontractors or vendors, provided that appropriate Payment Documentation is submitted
in accordance with the next section. Grantee acknowledges that requesting funds on a
prepayment basis may result in delays in paying its subcontractors/vendors, and Grantee
agrees to notify such subcontractors/vendors when retaining them.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request that includes
an itemized list of all expenditures that clearly documents the corresponding line-item
descriptions in the Project Budget approved by CVMC.
b. Each payment request for reimbursement must also include proof of payment such as
receipts, paid invoices, canceled checks or other forms of documentation demonstrating
payment has been made.
c. Each payment request for prepayment must also include detailed invoices and other forms
of written documentation demonstrating to CVMC's reasonable satisfaction that the work
has been done or the materials have been delivered.
d. No more than one Payment Request may be submitted in any thirty(30)day period.
e. Any payment request that is submitted without the required itemization and documentation,
as determined reasonably by CVMC, will not be authorized. If the payment request package
is incomplete, inadequate or inaccurate, CVMC will inform the Grantee and hold the
payment request until all required information is received or corrected. Any penalties
imposed on the Grantee by a contractor, or other consequence, because of delays in
payment will be paid by the Grantee and is not reimbursable under this Agreement.
3. Grant Funds in this award have a limited period in which they must be expended. Grantee
expenditures funded by CVMC must occur within the time frame of the Project Performance
Period as indicated in this Agreement.
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4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner
described in the Exhibit A approved by CVMC. The total dollars of a category in the Project
Budget may be increased by up to ten percent (10%) through a reallocation of funds from
another category, without approval by CVMC. However, the Grantee shall notify CVMC in
writing when any such reallocation is made, and shall identify both the item(s) being
increased and those being decreased. Any cumulative increase or decrease of more than
ten percent(10%)from the original budget in the amount of a category must be approved by
CVMC. In any event, the total amount of the Grant Funds may not be increased.
D. Project Administration
1. Grantee shall promptly provide Project reports and/or photographs upon request by CVMC.
In any event Grantee shall provide CVMC a report showing total final Project expenditures
with the final payment request and required closing documents.
2. Grantee shall make the studies, reports or other work product developed pursuant to this
Agreement available for inspection upon request by CVMC at any time.
3. Grantee shall submit all documentation for Project completion, including a notice of
completion as applicable and final reimbursement within ninety (90) days of Project
completion, but in no event any later than October 31, 2016.
4. Final payment is contingent upon CVMC review of the Project and related work product
and CVMC's determination that the Project is consistent with Project Scope as described
in Exhibit A, together with any CVMC approved amendments.
5. This Agreement may be amended by mutual agreement in writing between Grantee and
CVMC. Any request by the Grantee for amendments must be in writing stating the
amendment request and reason for the request. The Grantee shall make requests in a
timely manner and in no event less than sixty (60) days before the effective date of the
proposed amendment.
6. Grantee must report to CVMC all sources of other funds for the Project.
E. Project Termination
1. Prior to the completion of the Project, either party may terminate this Agreement by
providing the other party with thirty (30) days' written notice of such termination. CVMC
may also terminate this Grant Agreement for any reason at any time if it learns of or
otherwise discovers that there is a violation of any state or federal law or policy by
Grantee which affects performance of this or any other grant agreement or contract
entered into with CVMC.
2. If CVMC terminates without cause the Agreement prior to the end of the Project
Performance Period, the Grantee shall take all reasonable measures to prevent further
costs to CVMC under this Agreement. CVMC shall be responsible for any reasonable
and non-cancelable obligations incurred by the Grantee in the performance of the
Agreement prior to the date of the notice to terminate, but only up to the undisbursed
balance of funding authorized in this Agreement.
3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to
fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall
be liable for immediate repayment to CVMC of all amounts disbursed by CVMC under this
Agreement, plus any further costs related to the Project. CVMC may, at its sole discretion,
consider extenuating circumstances and not require repayment for work partially completed
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provided that CVMC determines it is in CVMC's best interest to do so. This paragraph shall
not be deemed to limit any other remedies available to CVMC for breach of this Agreement.
4. Failure by the Grantee to comply with the terms of this Agreement or any other
Agreement under the Act may be cause for suspension of all obligations of CVMC
hereunder.
5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for
suspending all obligations of CVMC hereunder if, in the judgment of CVMC, such failure
was due to no fault of the Grantee. At the discretion of CVMC, any amount required to
settle at minimum cost any irrevocable obligations properly incurred shall be eligible for
reimbursement under this Agreement.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against CVMC, including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any
way connected with or incident to this Agreement, except claims arising from the gross
negligence of CVMC, its officers, agents and employees.
2. Grantee shall indemnify, hold harmless and defend CVMC, its officers, agents and
employees in perpetuity against any and all claims, demands, damages, costs, expenses or
liability costs arising out of the Project, including development, construction, operation or
maintenance of the improvements and site described in the Project description which claims,
demands or causes of action arise under Government Code Section 895.2 or otherwise,
including but not limited to items to which the Grantee has certified, except for liability arising
out of the gross negligence of CVMC, its officers, agents or employees.
3. Grantee and CVMC agree that in the event of judgment entered against CVMC and Grantee
because of the gross negligence of CVMC and Grantee, their officers, agents or employees,
an apportionment of liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
G. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents and records for the
Project and to make them available to CVMC for auditing at reasonable times. Grantee shall
also retain such financial accounts, documents and records for five (5) years after final
payment and one(1)year following an audit.
2. Grantee agrees that during regular office hours, CVMC and its duly authorized
representatives shall have the right to inspect and make copies of any books, records or
reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall
maintain and make available for inspection by CVMC accurate records of all of its costs,
disbursements and receipts with respect to its activities under this Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise
agreed to by CVMC.
Page 7 19
DRAFT COPY
H. Use of Work Product
1. Grantee agrees that the reports, surveys and other work product developed as part of the
Project are being created for CVMC's use and are and shall be the property of CVMC.
2. Grantee shall not use the reports, surveys and other work product developed as part of
the Project for other purposes and shall not deliver them to third parties without the
written permission of CVMC.
1. Nondiscrimination
The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry,
religious creed, national origin, disability, sexual orientation, gender identity, age (over 40) or
marital status in the use of any property or facility acquired or developed pursuant to this
Agreement.
J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the
Application approved in writing by CVMC are hereby incorporated by reference into this
Agreement as though set forth in full in this Agreement.
K. Severability
If any provision of this Agreement or the application thereof is held invalid,that invalidity shall not
affect other provisions or applications of this Agreement which can be given effect without the
invalid provision or application, and to this end the provisions of this Agreement are severable.
L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by
either party, unless such waiver or consent is in writing and signed on behalf of the party against
whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either
party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other,
different or subsequent breach by either party.
M. Assignment
Except as expressly provided otherwise,this Agreement is not assignable by the Grantee either
in whole or in part-
N. Audit Requirements
Projects are subject to audit by CVMC annually for five (5) years following the final payment of
Grant Funds. The audit shall include all books, papers, accounts, documents, or other records
of the Grantee, as they relate to the Project for which the Grant Funds were granted.
Page 8 20
DRAFT COPY
SPECIAL CONDITIONS
1. Prior to retaining any subcontractors or vendors, Grantee shall demonstrate to CVMC's
reasonable satisfaction that its contractor or vendor selection was fair and reasonable.
Page 9 21
DRAFT COPY
EXHIBIT A
I. Project Scope
• Analyze proposed restoration project described by Grantee in its October 30, 2015
Application for Local Assistance Grant(Proposition 1), "Remediation of Illegal Dump Site
- Dunn Road" (the"Proposed Project').
• Determine the appropriate level of review under CEQA, and if necessary NEPA, for the
Proposed Project, and prepare appropriate documentation (e.g., notice of exemption,
initial study and negative declaration, etc.) in conjunction with CVMC staff.
• Prepare a remediation plan, including a habitat restoration plan and total cost estimates,
in a manner that assures compliance with MSHCP goals and standards.
II. Project Schedule
• Complete analysis and review of existing environmental documentation by July 1, 2016;
• Complete environmental documentation and remediation plan by July 31, 2016.
III. Project Budget
Not to exceed $65,390.00, pursuant to a schedule of hourly rates and charges to be approved in
writing by CVMC prior to the execution of any subcontract. CVMC and Grantee recognize that
the extent of environmental analysis for the Proposed Projects is not yet known, and therefore
this is a time and materials basis contract. Should the maximum grant amount hereunder be
expended, Grantee shall have no obligation to do further work. In such event, Grantee shall
negotiate in good faith with CVMC about a change in the Project or additional funding, which
CVMC retains full discretion to approve or deny.
Page 10 22
ATTACHMENT 3
23
pALM $a
City of Palm Springs
Office of Sustainability
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� +700 E. '1'a6yuur Canton Way Rolm Springs. ('tLlamia 92262
C'4<IFOR TeL (7(0, s?;-A21 Fax l-60) 1-8560 Web: ww��palnuprin�nca.�uc
March 2, 2016
ATTN:
The City of Palm Springs (COPS), Office of Sustainability, is reaching out to you per
your current on-call agreement#6558. COPS has received a grant to clean up an area
of land located on Dunn Road in the City of Palm Springs and we would appreciate a
written proposal from your company describing the procedures required to remediate
the area of the illegal dumping that has occurred there. We need to know what exactly
is there in order to determine the steps to take to begin the remediation process.
The following information should be included in your proposal:
• Procedure for assessing the levels of contamination, identifying and
structuring a thorough cleanup and remediation plan.
• Include services required under NEPA, CEQA and the Coachella Valley
Multiple Species Habitat Conservation Plan ("MSHCP").
• Number of hours required to complete the project.
• Your fee for the project as well as any per hour or per job extra costs you
may find once the project begins.
The property address is:
Dunn Road and 74,Abandoned Pistachio and Almond Grove Property
APN# of Property: 635-060-011
Please see attached for further information.A response is requested by March 10, 2016
at close of business day or sooner.
Thank you,
Michele Mician,
Manager, Office of Sustainability
City of Palm Springs California
24
NOTICE TO CITY OF PALM SPRINGS ON-CALL ENVIRONMENTAL FIRMS
ENVIRONMENTAL CONSULTANT/SITE REMEDIATION PROJECT
March 1, 2016
The City of Palm Springs ("COPS'), an agency of the state of California, applied to the
Coachella Valley Mountains Conservancy (CVMC) Proposition 1 Grant Program to restore
a 40-acre site located on the southern limits of Palm Springs off of Dunn Road.
The City requires consulting services to assess the site including those required under
NEPA, CEQA and the Coachella Valley Multiple Species Habitat Conservation Plan
("MSHCP"). In addition, the scope of work will include a complete site assessment and
preparation of a remediation plan for the Dunn Road project.
A. Description of Project
The City of Palm Springs conducted an initial site visit with Cal Recycle and the Friends of
the Desert Mountains. Conservative estimates suggest the costs of assessing the levels
of contamination, identifying and structuring a thorough cleanup and remediation plan and
completing the plan at a total cost of approximately $925,000. However, no real data or
formal quote has been procured to substantiate the preliminary cost estimate. For this
reason the City of Palm Springs applied for funding from several sources including the
CVMC Proposition 1 grant funding. A grant was awarded for a portion of the project costs
pending a formal cost estimate for site assessment.
The aforementioned parcel of land is currently owned by Aeneas Valley Ranch, LLC. who
will transfer the property to the City of Palm Springs once the City can secure funding for
site cleanup and remediation. Records indicate that this 40-acre parcel was excepted from
the larger transfer of ownership of 600 acres in Section 17 of the U.S. Bureau of Land
Management by Deed recorded in 2002. When the City of Palm Springs became aware
that the site contained potentially hazardous materials and could be unsafe for local
residents and the environment, the Office of Sustainability contacted land owners to
discuss bequeathing the land to the City. Aeneas Valley Ranch, LLC agreed to a transfer
of ownership and is cooperating with the City.
The main goal of this project is the removal of solid waste and potentially hazardous
materials from the site in order to ensure the safety and health of the general public, as
well as flora and fauna that live in this habitat. Potentially, the environmental ramifications
of leaving this area in its current state include compromised air quality and surface and
groundwater contamination. The mission is to restore the land, thereby opening up the
space for a long list of future uses.
The main tasks include:
• Conduct preliminary site assessments and surveys to determine the types of
contamination
• Complete through soil analysis for hazard substances, health hazards, safety
issues and level of threat to life and health
• Prepare preliminary reporting
• Prepare detailed cleanup and remediation plan 25
• Report all findings
Consultants should have appropriate credentials to prepare, or oversee the
preparation of, environmental documentation, as well as experience with the Joint
Project Review process under the MSHCP, CEQA, NEPA and Section 7 of the
Endangered Species Act.
B. Scope of Work.
Prepare or oversee the preparation of the following:
• NEPA document (environmental assessment/EA)
• CEQA document (mitigated negative declaration) for the Project)
• Any required species surveys or work needed to comply with Coachella Valley
Multiple Species Habitat Conservation Plan ("MSHCP").
C. Complete site assessment and preparation of a remediation
plan Tentative Project Schedule
• March 8, 2016 Release of Request to On Call Consultants
• April 5, 2016 Deadline for submission of proposals
• April 26, 2016 Awarding of contract
• May 23, 2016 Commencement of consultant work
• May - July, 2016 Implementation of Habitat Surveys
• August 2016 Completion of environmental documents.
D. Instructions for Bidding and Proposal Requirements.
Proposals should be concise and include the following:
1. Cover letter and resume(s) describing professional education, credentials and
relevant experience of consultant. If sub-consultants will be used, please
describe their roles and provide information on their education, credentials and
relevant experience. Previous project in the Coachella Valley or other desert
regions should be highlighted.
2. Total price for providing the work described in Section B above, as well as
hourly rates for professionals and breakdowns for any other costs or expenses.
Your bid should contemplate preparation of the documents described in Section
2 Evaluation; should survey work or further contact with regulatory agencies
necessitate more extensive work (e.g., preparation of a biological opinion), we
would negotiate additional compensation based on the hourly rates you provide.
3. Estimated schedule of work.
4. Contact information for two professional references.
5. Provide insurance certificate or other evidence of liability and worker's compensation
(if applicable)insurance.
D. Additional Information
1. COPS will select the proposal that best meets the needs of the project,
considering qualifications and experience of consultants, cost and schedule.
2. COPS reserves the right to reject any or all proposals, as well as to negotiate
changes.
3. If you have any questions, please call
26
PROPOSITION 1 PROJECT AREA
CITY OF PALM SPRINGS
GRANT APPLICATION
Program Site: Dunn Road and 74, Abandoned Pistachio and Almond Grove Property
Site Contact Address: Aeneas Ranch Valley, 9520 NE 16`h Street, Clyde Hill, WA 98004-3427
APN#of Property: 635-060-011
Proposed Project Date(s): January 2016- may 2016 completion
Potential Project Ideas: Rehabilitate the area to ensure protection of water sources.
Post rehabilitation uses: Recreational area, education center and park lands
The City of Palm Springs is seeking funding to rehabilitate a 40 acre site that's historical uses include a former
pistachio and almond grove as well as an illegal dump site. The City will apply to Coachella Valley Mountains
Conservancy program for grant funding in the amount of $900,000 for clean-up and rehabilitation of the area to
include creation of an educational project and park/trail area. The City of Palm Springs desires to apply for the
funds as the site is lies within the City of Palm Springs and is a potential threat to water sources and human
health. The site clean-up will reduce risks associated with hazardous materials and solid waste on public lands.
Contaminated materials on public lands may cause public endangerment, environmental damage, and damage to
wildlife habitat.
Abandoned vehicles, hazardous materials, mixed waste, and illegal dumping typifies the debris found around
the site of the deserted pistachio and almond grove off 74 and Dunn Road. The property is remote and hardly
identifies with the Palm Springs most tourists know and love. However, in this vast piece of wild nature that is a
combination of rugged terrain and once groomed orchards is an opportunity for education, unearthing history,
telling stories and providing space. In this place is a space for renewal. This land that was once annexed as a
part of City of Palm Springs is an opportunity to create a public lands project and park that will provide
information and lessons for generations. The illegal dumping that has taken place over decades now results in
soil contamination and can damage surface water and ground water.
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27
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The City has several partners that will work together to clean up contaminated sites to protect human health,
safety, and reclaim the environment. These include: Tahquitz Creek Yacht Club, Friends of the Desert
Mountains, Palm Springs neighborhood groups, Boys and Girls Club, CREEC environmental group, Palm
Springs Sustainability Commission. To move forward with the project the City's Office of Sustainability will
need to complete the following;
• Apply for funding to survey the area to prepare for surface clean up and to remove debris
• Investigate the types of waste on the contaminated sites
• Assess site for hazardous substances, health hazards, and level of threat to life and health
• Removal and clean up of hazardous substances
• Site restoration
• Educational signage
• Possibly a museum and trail signage and materials
The area served as a magnet for those looking to dump large items and other junk they do not want to
transport to landfills or pay to dispose of at landfills. 31
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ATTACHMENT 4
33
I
L J TERRA NOVA PLANNING & RESEARCH, INC.
March 9, 2016
Ms. Michele Mician
Manager
Office of Sustainability
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposal to Prepare Environmental and Remediation Documentation, Dunn Road Project
Dear Michele:
In response to your request, Terra Nova is pleased to provide you with the following proposal.
Understanding of Project
The City is undertaking a project to clean up and eventually rehabilitate a 40t acre site located
on Dunn Road, in the extreme south end of the City. The site occurs in the San Jacinto and Santa
Rosa Mountains Conservation Area, as defined by the Coachella Valley Multiple Species Habitat
Conservation Plan (MSHCP). The site has historically been used for illegal dumping which
ranges from construction debris and household items to potentially hazardous materials. The
extent of contamination is unknown at this time. The City would eventually develop the site for
park and trail use. The City wishes to secure professional services to assess the level and type of
contamination, and to develop a remediation and restoration plan for the property. These services
are also required to include addressing any California Environmental Quality Act (CEQA) and/or
National Environmental Policy Act (NEPA) issues, and coordinating with, if necessary, the
Coachella Valley Mountains Conservancy (CVCC) for Joint Project Review.
Recommendations
We have researched the requirements of the MSHCP, and spoken with CVCC staff. We have
also researched CEQA and NEPA requirements, and make the following recommendations:
o The project consists of an environmental restoration, and can be considered exempt from
CEQA under Guidelines Sections 15308 and 15330. We propose the preparation of a
Notice of Exemption, filed immediately following approval of the remediation plan.
o Because the site is located in a MSHCP Conservation Area, and is an area of sensitivity
for Tribal resources, we recommend that both biological and cultural resource
assessments be prepared.
o Because the site is located in a Conservation Area, we also recommend the preparation of
a habitat restoration plan as part of the remediation plan document. This will assure that
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800 34
Ms. Michele Mician
March 9,2016
Page 2 of 8
the habitat on the property is restored in a manner that assures compliance with MSHCP
goals and standards.
o For all specialists' safety, and to assure that biological resources in a Conservation Area
are not impacted, all three site surveys (biological, cultural and Phase 1) will be
conducted together.
o Because the City will not be issuing a permit for the remediation of the site, there will be
no requirement for Joint Project Review through CVCC. We recommend, however, that
CVCC be apprised of the findings of all the reports, and the remediation plan, as a
professional courtesy, and in order to keep them informed of the City's efforts.
o There appears to be no federal nexus for this proposed project, which would eliminate the
need for NEPA consideration or documentation. Should a federal nexus be identified
(such as funding from a federal source), we would recommend the preparation of a
Categorical Exclusion with studies, and utilize the biological, cultural and Phase 1 studies
described below for this purpose.
o The "project" under CEQA in this case is the remediation of the site. All CEQA actions
should be tied to the completion of the remediation plan.
Project Team
Your RFP requested information on our professional services and consultants. Those materials
are on file with the City's Planning Department through our On Call Services process, and have
been appended to this proposal letter. For this effort, Terra Nova would be provided Phase 1 and
Phase 2 Environmental Site Assessment (ESA) services, as well as preparation of the
remediation plan. AMEC would provide biological resource services, and CRM Tech would
provide cultural resource services.
Scope of Work
Based on our understanding of the project and the recommendations described above, we have
prepared the following scope of work.
o Coordinate with City Staff to develop a comprehensive project description of future
activities, and collect all available information on project site history. Review project
description with City staff prior to its use.
Phase 1 ESA (including testing)
o Terra Nova will conduct an environmental assessment of the subject site. This
assessment will be conducted, in part, in accordance with ASTM Standard E1527-13
(for Phase I environmental site assessments). The purpose of this assessment is to
determine the nature and extent of potentially hazardous materials sources and release
areas (if any) within the site. The initial assessment will include but not be limited to
the following:
35
Ms. Michele Mician
March 9,2016
Page 3 of 8
• Review of onsite and adjoining property conditions;
• Review of historic aerial photographs and topographic maps;
• Review of available reports prepared for the site and site vicinity;
• Review of the soil and groundwater conditions underlying the site;
• Review of environmental maps and reports prepared for the site;
• Review of state and federal environmental databases; and
• Interviews with persons knowledgeable of the site.
o The data collected from the initial assessment will be used to determine optimum
soil/debris sampling locations within the site. For budgetary purposes, the soil/debris
investigation will include the collection of soil/debris samples from up to 10
locations. The chosen locations will be those noted to have the greatest degree of
surficial staining and/or odor. The number of sampling locations may be increased
based on data collected during the initial assessment. The samples would be collected
from the soil surface (0 to 0.5 feet) and 2 feet below ground surface. The near-
surface soil samples will initially be analyzed. if potential contaminants of concern
are identified in the near-surface samples, the deeper soil samples will also be
analyzed in order to assess the vertical extent of impacted soil.
o The collected soil/debris samples will be submitted for chemical analyses at a State-
accredited laboratory. They will be analyzed for the contaminants of concern
suspected or identified at the site. These contaminants would likely include toxic
metals, petroleum hydrocarbons, polycyclic aromatic hydrocarbons, and possibly
pharmaceuticals. Additional chemical analyses may be included based on the
findings of the initial assessment.
o The data collected from the initial assessment and soil/debris testing will identify the
areas that have been impacted with contaminant concentrations that exceed regulatory
levels. The horizontal and vertical extent of impacted soil/debris will be determined
for these areas.
Biological Resources Assessment
o Terra Nova will contract for the preparation of a habitat suitability report to include a
literature review for the project site and immediate vicinity to determine if any
sensitive biological resources have been reported in the area. A field survey will be
conducted using methodologies appropriate for the detection of special-status
elements identified by the MSHCP. Depending on the timing of the field survey,
certain elements may be undetectable. Habitat suitability will be assessed for all
special-status elements potentially occurring on the site including big horn sheep and
gray vireo, as well as others. If habitat is present within the project area, focused
surveys for other sensitive species may be required, but are not considered part of this
proposal. Focused surveys would be scoped and budgeted separately.
36
Ms. Michele Mician
March 9,2016
Page 4 of S
o The habitat suitability report will include supporting documentation including a
comprehensive species list, photographic figures, and maps. We will prepare a
Habitat Assessment Report according to the standards of the CVMSHCP, and will
also include recommended avoidance measures for the remediation work required on
the site.
Cultural Resources Assessment
o Terra Nova will contract for the preparation of a cultural resources assessment. For
purposes of this proposal, and because of the sensitivity of the mountains to local
Tribes, particularly the ACBCI, it has been assumed that resources will be identified.
The analysis will include a historical/archaeological resources records search that
encompasses the project area at the Eastern Information Center located on the campus
of the University of California, Riverside; a review early maps (and archival
materials) to develop the historic context of the area by learning about the history of
land use and development trends within and near the project area; a sacred lands
record search from the Native American Heritage Commission; written contact of all
of the Native American representatives listed by the NAHC to see if they have any
knowledge of Native American resources in and around the project area or have any
concerns regarding the project, including specific contact with the Agua Caliente
Cultural Resources Center for information about the project area and any concerns
they may have.
o A field survey will be conducted of the project area following professional
archaeological procedures, which would include, among other standard procedures,
walking transects spaced 15 in or less apart, documenting the current conditions, and
taking overview photographs; field record any artifacts, features, sites or structures
greater than 50 years of age; and making scaled drawings, as appropriate.
o Site-specific historical studies, including archival research, interviews, and
consultations, as warranted, will be undertaken to determine past land uses and
owners, explore for historical events and associations, and/or augment knowledge of
the prehistoric, historic, and modern activities that may. have occurred on the
property.
o A report will be prepared to document the methods and findings of the analysis,
identifying all cultural resources within the project area, discussing their integrity and
possible historical significance, and recommending subsequent courses of action
regarding such resources, as necessary.
Remediation and Restoration Plan
o Once the nature and extent of impacted soil/debris has been determined, Terra Nova
will prepare a Site Cleanup and Restoration Plan. This plan will provide a detailed
methodology for safely removing and disposing the contaminated soil/debris. This
37
Ms. Michele Mician
March 9,2016
Page 5 of 8
plan will include appropriate engineering details for all aspects of the remedial action.
A detailed Health and Safety Plan will be included with the Remediation and
Restoration Plan.
o The Plan will also provide recommendations for the biological restoration of the site,
including:
• results of the field survey
• restoration elevation contours
• hydrological information that addresses:
■ the likelihood that high-flow events will wash away the created habitat areas,
• illustrates where water will spread (and/or scour out vegetation) during low-,
moderate-, and high-flow events, and
• estimates the quantities of sediment that will likely be deposited in the habitat
creation areas over time
• a list of the plant species to be established (species, numbers)
• planting map;
• installation method
• irrigation type,frequency, and quantity
• planned maintenance actions,including long-term control of invasive species such
as Arundo donax
• success criteria
• a monitoring and reporting schedule
Coordination and Processing
o Terra Nova will work with the City to present the report findings and the Plan to the
CVCC,and secure concurrence on the planned remediation and habitat restoration.
o Terra Nova will present the findings of the plan at two public meetings. For purposes
of this proposal, it has been assumed that one presentation would be made to the
Sustainability Commission, and one to the City Council.
o Terra Nova will prepare a Notice of Exemption and file it, on the City's behalf, with
the County of Riverside.
Budget
Based on the scope of work provided above, we have prepared the following budget.
38
Ms. Michele Mician
March 9,2016
Page 6 of 8
Budget Category Amount
City and internal consultation and meetings $ 1,320.00
Data Collection, review of available materials and project description $ 2,040.00
Habitat Suitability Assessment& CVMSHCP Compliance Report $ 7,460.00
Cultural Resources Assessment S 6,890.00
Phase 1 ESA S 4,600.00
Soil Sampling and Chemical Analysis* $ 12,350.00
Remediation and Restoration Plan $ 22,100.00
Prepare Notice of Exemption $ 640.00
Project Management, Inter-Agency Coordination $ 3,320.00
Public Hearings (2) $ 990.00
Exhibit Preparation $ 960.00
Admin. Support (Doc. Formatting & Transmittals) $ 720.00
Misc. Office: Printing of document for distribution, misc. copies, etc. $ 2,000.00
Total $ 65,390.00
*This cost is an estimate, because the materials that may occur on the site are not known. Costs
could be less.
Schedule
Terra Nova will complete the investigative work and special studies within 30 to 40 working
days of project initiation. The Remediation and Restoration Plan will be complete within 20 to
30 days following completion of the studies.
References
Marcus Fuller, Assistant City Manager, City of Palm Springs, 760-322-8380
Les Johnson, Development Services Director, City of Indio, 760-541-4255
Katie Barrows, Director of Environmental Resources, CVAG, 760-346-1127
Insurance
Our insurance certificates are on file with the City.
Conclusion
Based on the assumptions above, and the information we received from you, I believe the scope
and budget reflect the level of effort required to complete the work.
39
Ms. Michele Mician
March 9,2016
Page 7 of 8
Please let me know if you have any questions or need additional information.
Sincerely,
Nicole Sauviat Criste
Principal
40
Ms. Michele Mician
March 9, 2016
Page 8 of 8
r 7
TERRA NOVA PLANNING & RESEARCH, INC
42635 MELANIE PLACE, SUITE 101
PALM DESERT, CA 92211
STANDARD FEE SCHEDULE
2016
Terra Nova invoices its clients on a cost-basis using an hourly billing system. The scope of each
planning effort is typically broken down by task and assigned estimated necessary staff time and
the applicable hourly rate. Reimbursable expenses are charged on a cost basis, except where
otherwise indicated.
Terra Nova Staff Hourly Rate
Principal Planner $ 165.00
Senior Planner $ 140.00
Associate Planner $ 115.00
Assistant Planner $ 95.00
Senior Engineer $ 155.00
Associate Engineer $ 125.00
Graphic Design Specialist $ 60.00
Administrative Assistant $ 45.00
REIMBURSABLES
Photo Copies (BW) $ O.15 ea.
(Color) $ 1.00 ea.
Blueprints/Xerox (BW) $ 2.00/S.F.
(Color) $ 8.00/S.F.
Computer Plotter $ 30.00/Hr.
Telephone Toll Charges Cost
FAX Transmittals Cost
Reproduction, Special photographic services,
document printing, aerial photogrammetry, postage, etc. Cost+15%
41
r TERRA NOVA
-APLANNING & RESEARCH, INC.°
STATEMENT OF QUALIFICATIONS
. u J
YR
G ,
_ r
URBAN PLANNING
ENVIRONMENTAL ANALYSIS
PERMITTING SERVICES
RESOURCE MANAGEMENT
MARKET ANALYSIS
. . Terra Nova Planning & Research, Inc
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
Telephone: (760) 341-4800
www.terranovaplanning.com
42
Table of Contents
STATEMENT OF QUALIFICATIONS
Introduction......................................................................................................................................................1
TheTerra Nova Approach.................................................................................................................................................2
SERVICES AND PROJECT EXPERIENCE
LandUse Planning...........................................................................................................................................5
General and Comprehensive Plans.................................................................................................................................6
Specific Plans and Project Master Plans......................................................................................................................8
Parksand Open Space Plans..........................................................................................................................................10
Resort and Golf Course Planning.................................................................................................................................11
EnvironmentalPlanning............................................................................................................................15
CEQA/NEPA/Environmental Analysis.....................................................................................................................16
Biological Resource Assessments.................................................................................................................................18
Cultural and Historical Resource Assessment........................................................................................................19
NoiselmpactAnalysis.......................................................................................................................................................21
Visual Resources and Simulations...............................................................................................................................22
TransportationPlanning...........................................................................................................................25
Air Quality and Climate Change Analysis.............................................................................................27
ClimateAction Plans.........................................................................................................................................................28
Hazardous Materials Surveys and Remediation................................................................................31
RegulatoryPermitting................................................................................................................................33
Ecosystem and Habitat Conservation Planning.................................................................................35
EnergyResources.........................................................................................................................................37
WaterSupply Assessments.......................................................................................................................41
MarketFeasibility Analysis.......................................................................................................................43
TERRA NOVA KEY PERSONNEL.....................................................................................................................49
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TERRA NOVA
L , PLANNING & RESEARCH, INC.°
STATEMENT OF QUALIFICATIONS
law
Introduction
Founded in 1984, Terra Nova Planning and Research is a full service land use and environmental
planning firm with a highly professional team of experienced urban and environmental planners
and technical support staff.Terra Nova has prepared a wide variety of documents including General
and Comprehensive Plans, Master Plans,Specific Plans, Environmental Assessments, Environmental
Impact Reports (EIRs) and Environmental Impact Statements (EISs). Terra Nova has also prepared
numerous planning studies, community workshops, development feasibility analyses and resource
assessments. The firm has focused on projects in Southern California, but has managed projects
throughout the country.
Terra Nova enjoys a strong reputation for providing clients with professional services of high
quality and scientific objectivity. The key to Terra Nova's success lies in its size. The firm is large
enough to provide innovative design, analysis and work products, yet small enough to provide
personal service. Our combination of urban and environmental planners assures creative and
effective design solutions, environmental assessments, and viable and cost-effective mitigation.
Terra Nova planning documents reflect environmental sensitivity and systematic integration of the
built and natural environments.
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Terra Nova Planning&Research, Inc.
Statement of Qualifications
The Terra Nova Approach
Terra Nova applies a close-knit and dynamic
interdisciplinary team approach, providing effective
project design and environmental planning. We bring
together and apply the special skills and expertise of
our designers, engineers, architects and
environmental specialists. The results are projects
that pass through rigorous review and optimize the
balance of various development interests. This
approach assures that developers, regulators and
environmental interests are given due consideration
in a creative and systematic manner.
To provide personal service, project managers at Terra Nova are assigned to only a few projects at a
time, allowing them to dedicate themselves to a project and to be accessible to their clients. We
particularly emphasize input from the client and lead agency throughout project design and
document preparation. We know that clients and public agency staff have valuable insight and
should play an important role in the development and processing of the environmental and
planning documents they will later implement.
In the preparation of planning and environmental documents, Terra Nova emphasizes writing in
language that the general public can understand. Since a major emphasis of environmental review
is public involvement, we are careful to describe issues from both a regional and site-specific
perspective. In this manner, the reader can better visualize the planning area and understand the
context in which the project may be developed. Concepts that may be unfamiliar to the general
public, such as Level of Service (LOS) criteria, wetlands and 100-year flood zones are defined so
that the basis of the analysis can be better understood. The liberal use of graphics throughout
documents, including aerial photographs and viewshed renderings, also help to make the material
more accessible.
Terra Nova has a proven track record for bringing together the top professionals in specialized
fields to contribute their technical expertise to environmental documents.We consult with a select
group of specialists on a regular basis. This practice has led to strong long-term working
relationships and a clear understanding on the part of the sub-consultants of what level of detail is
necessary for environmental documents. Terra Nova managers coordinate and closely manage our
consultants throughout scoping, analysis and document preparation, and we are alerted well in
advance to the presence of significant environmental constraints. This enables Terra Nova and our
consultants to work together on the development of effective solutions and high quality documents.
Finally, we at Terra Nova assume the importance and responsibility of our projects as if we were
the proponent or the public agency. A viseral response assures a high degree of engagement and
sensitivity. Our experience allows us to bridge the interests of both the public and private sector
and facilitates economic development within a properly regulated environment.
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TERRA NOVA
L J PLANNING & RESEARCH, INC.®
SERVICES AND PROJECT
Terra Nova Planning & Research, Inc.®
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
Telephone: (760) 341-4800
www.terranovaplanning.com
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47
r I TERRA NOVA
L -A PLANNING & RESEARCH, INC.®
STATEMENT OF QUALIFICATIONS
?t
ILand Use Planning
Two words that encompass a universe: Land Use! Land use planning services include every form of
disturbance and preservation of physical land. Land planners are involved in forest conversion,
surface mining, agriculture,transportation networks,villages,towns, cities and regions! Terra Nova
has prepared General and Comprehensive Plans for nearly two-dozen communities. Over the years,
we have applied our experience to New Town design and community master planning. Downtown
land use and economic revitalization experience include in-fill development and redevelopment
project area plans.
When addressing land use compatibility, Terra Nova evaluates consistency with regulatory
planning documents and zoning designations, land use policies of the city and county, and existing
and future developments both on site and in the surrounding area. Compatibility conflicts are
identified and creative, economically viable and sustainable design solutions and mitigation
measures are specified.With the input of our planners,these solutions and mitigation measures are
innovative, comprehensive and thorough, working to convert constraints into opportunities and
liabilities into assets.
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Terra Nova Planning& Research, Inc.
Statement of Qualifications
Land Planning Services I
Terra Nova provides a wide range of land planning services. Our emphasis is on accommodating
environmental constraints and maximizing opportunities through planning and project design. By
including the environment as an integral part of a project, as well as regional and city planning,
sound policies and land use plans can be developed that protect the environment and historic
character of the planning area. This approach maximizes the development potential of the site or
area and can turn constraints into opportunities
Similarly, by making an effort to protect
environmental resources at the outset, master
planning can be conducted in a manner that
Land Planning Services avoids or limits the necessity of mitigating
• General and Comprehensive Plans project impacts. The environmental review
• Specific Plans process plays an important role in controlling
jProject Master Plans the planning process. However, designing
I • Parks and Open Space Plans communities and projects in an
I environmentally sensitive manner is a more
Resort and Golf Course Planning
effective and progressive way of achieving the
same goals of creative planning and resource
protection.
IGeneral and Comprehensive Plans
Terra Nova has prepared General/Comprehensive Plans
for both rural and urban communities. Our staff has
developed a clear understanding of the requirements of
community planning and growth management, and can
incorporate the mandates of law while preserving a
community's character and goals for the future. Issues
that have been of particular importance in past projects
have included the protection of prime agricultural lands
and environmentally sensitive areas, addressing airport
planning issues, and accommodating major utility
corridors as well as interstate highways and railroad 4t
systems. Also essential is assuring an integrated and
economically viable mix of land uses that meet housing,
employment,commercial and institutional service needs.
The Terra Nova team has prepared comprehensive long-term plans that include mandated
elements, as well as those particularly relevant to the needs of each community. Innovative plan
design and the generous use of graphics and mapping provide a clear and easy-to-use resource to
guide community development. Our approach to the development of General and Comprehensive
Plans is based upon the recognition that the implementation of the Plan will be the responsibility of
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
the local public planning department. Our approach includes the active involvement of the staff and
the community without which a General plan cannot adequately address the needs and concerns of
the community.
Therefore, during the development of a General or Comprehensive Plan, Terra Nova provides
technical guidance and assistance to the planning department, acting as an extension of staff, while
maximizing local participation and building local understanding and support. We also provide
staffing to planning departments and are intimately familiar with the issues of
General/Comprehensive Plan and Zoning Code implementation. We research and pinpoint current
problems and seek to solve them through the implementation of the Plan, while working towards
the city's vision of itself. Terra Nova places a major emphasis on producing high quality,
professional documents,which assure consistency from the introduction through the last element.
City of Palm Desert General Plan & EIR
U
This Comprehensive General Plan and associated Environmental
Impact Report for the City of Palm Desert covers a 121 square
mile planning area, including the valley floor and surrounding
mountains in the Coachella Valley area of Riverside County. �-
Elements of note include Community Design, Economic
Development and the University Park Community Plan. The EIR -'
assesses water supplies and air quality, sensitive biological and
cultural resources, as well as transportation needs and
1�° a
geotechnical hazards, including those associated with the San ,
Andreas Fault. ,, '
Town of Apple Valley _ «•-•��••��w•M
Town of Apple Valley General Plan, EIR and
Development Code
o _
Terra Nova prepared the General Plan and associated
EIR for the Town of Apple Valley, addressing the long-
yi _ term growth of a 72 square mile planning area.
Concurrently, we drafted a new Development Code
_ with development standards and guidelines and three
" O new zoning districts. Issues included community
character and quality of life, water resources, and the
jobs/housing balance. These planning documents
�.
address environmental resources, impacts associated
_=f_�� with implementation of the General Plan and resource
management. Terra Nova also prepared an award-
winning Climate Action Plan for the Town.
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Terra Nova Planning& Research, Inc.
Statement of Qualifications
City of La Quinta General Plan & EIR (2002 and 2013)
Terra Nova completed a Comprehensive General
Plan Update and associated Environmental Impact
Report for the City of La Quinta on a 85 square mile
planning area in 2002 and 2013, both with a
complex mix of land uses, and environmental
constraints and opportunities. The City's planning
area includes a large sphere of influence, which is
primarily agricultural. The Environmental Impact
Report assessed the environmental resources of the
City as well as the impacts associated with
implementation of the General Plan. Areas of
analysis include transportation, important
biological and cultural resources (including a new
Cultural Resources Element), and the full range of
environmental conditions typically addressed in General Plans. Terra Nova recently completed the
updating of the 2002 General Plan to include a Sustainable Community Element, Economic
Development Element,revised land use map, Climate Action Plan,and Zoning Ordinance updates.
ISpecific Plans and Project Master Plans
Over the past three decades, Terra Nova has designed and assisted in the planning of residential
subdivisions, neighborhood and regional shopping centers, and world-class resorts and golf
courses. With a strong background in environment-based site planning and landscape design, our
staff brings a systems approach and the latest creative ideas and innovations in land use and
transportation. Optimized site plans maximize accessibility and safe multi-modal circulation. They
also create a sense of arrival and place, and offer an environment that provides a pleasant
experience. From transit-oriented design to New Urbanism and neo-traditional planning, Terra
Nova is a leader in innovative development planning and design.
Terra Nova's planning capabilities also encompass the preparation of master plans and project
specific site design.The firm has worked on projects of all sizes, from the development of plans for
640 acre mixed use resort projects, to the
expansion of condominium projects and the
-,t, --- creation of new towns. Site design projects
-- have also included regional commercial
projects and the smaller "neighborhood
w, ' j scale" commercial development.
Terra Nova has also designed major
innovations in senior community life care
p
facilities, and has extensive experience in
1�r the development of medical and educational
7 campuses and institutional facilities. These
" efforts include planning of psychiatric and
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Terra Nova Planning& Research,Inc.
Statement of Qualifications
rehabilitation hospitals in Washington, California and other parts of the United States. Locally,
Terra Nova completed site and environmental planning for research facilities of the Institute of
Critical Care Medicine in Rancho Mirage.
Terra Nova prepares detailed and comprehensive master plans in accordance with the
requirements of the local jurisdiction and applicable state guidelines. These plans address existing
and proposed land uses, development density and intensity, criteria for siting structures,
architectural and design guidelines, recreational facilities design guidelines, traffic and circulation
plans, master capital facilities plans, parking standards and lot design guidelines, landscape
concepts and design guidelines, project phasing plans, and limitations to development. The firm's
architecture and industrial designers prepare high impact, quality color renderings of planned
developments to accompany the text and other supporting graphics.
Panorama Specific Plan and EIR
Terra Nova prepared the Panorama Specific Plan "' `
and CEQA EIR. The project encompasses 504 _
acres and includes the development of a newa _
integrated, mixed-use community that will be e
anchored by the 95-acre East Valley Campus of
College of the Desert (COD), which is currently
under development. The Specific Plan also 00 I
provides for the development of approximately
2,700 homes, 500,000 square feet of commercial = % �°,
space, a community YMCA, fire station, and
parks and open space.The COD campus has been
centrally located to facilitate easy access and to serve as the focus of the community. Planning and
environmental issues included traffic, air quality, water resources, drainage and geotechnical
constraints.
Museum Market Plaza Specific Plan and EIR
Terra Nova prepared the Museum Market Plaza Specific Plan
and EIR for the redevelopment of the Desert Fashion Plaza, in
a 4" the center of downtown the City of Palm Springs. The project
` encompasses 30 acres and includes the redevelopment of a
defunct regional shopping center into 900 residential units,
a 300,000 square feet of commercial retail space, and 600 hotel
l�I � r o rooms. The Specific Plan created standards and guidelines for
'L� .a.� a fully integrated Mixed Use project, analyzed the costs
associated with redevelopment of the site, and increased
service needs.The EIR analyzed the impacts of redevelopment
on historic structures in the downtown, the fiscal impacts to
the General Fund and the Redevelopment Agency of all project
alternatives,and the impacts on existing public services.
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Terra Nova Planning& Research, Inc.
Statement of Qualifications
North Apple Valley Industrial Specific Plan and EIR
Terra Nova prepared this Specific Plan for the Town of Apple Valley,to
address and help realize the long-term economic and employment
growth potential of a 5,000 acre planning area around and including
the Apple Valley Airport.The Specific Plan assigned new industrial and
commercial land uses, provided development standards and
guidelines, and included detailed infrastructure analysis to guide
capital improvement planning for the project area. An analysis of the
costs associated with road construction, water and sewer
infrastructure was conducted to allow for infrastructure planning for
the area. This successful community in the Victor valley considers the
North Apple valley Industrial Specific Plan as one of its cornerstones
for long-term economic development.
Parks and Open Space Plans I
Parks, recreation and open space are integral to the
integrity of the natural and built environments. From
regional and community-scale to neighborhood and
pocket parks, Terra Nova has been assessing
community needs and providing planning and design
services for almost three decades. Our clients include
cities and parks and recreation agencies. Terra Nova
has conducted open space and recreation planning
along the Colorado River and adjacent to Joshua Tree
National Park.
Santa Rosa and San Jacinto Mountains National Monument
As contractor to the US Bureau of Land Management, Terra Nova helped update the California
Desert Conservation Area Plan and EIS. Our involvement with the Santa Rosa and San Jacinto
Mountains National Monument has included the economic impact analysis for the NEPA EIS, and
the NEPA analysis of proposed trail networks and especially their effects on the endangered
Peninsular bighorn sheep and associated PBS recovery facilities. Issues included optimizing access
to trails while assuring protection of wildlife and other natural resources.
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Terra Nova Planning&Research,Inc.
statement of Qualifications
Carrizo Plain National Monument Resource Management Plan and EIS
r. P e Terra Nova provided land use and
resource planning, and environmental
analysis services to the US BUreau of
Land management in conjunction with
W the preparation of the Resource
Management Pan for the Carrizo Plain
National Monument. Terra Nova
i6ae planning and analysis included socio-
economic resources, cultural
\YR�A�) 1 T •`` t t )
_��- � ��''� �• � ��: •�► resources, grazing rights, and other
L,i areas of management and analysis.
r F- Terra Nova also drafted corresponding
• `� portions of the NEPA EIS for the
Resource Management Plan.
IResort and Golf Course Planning
Since its inception, Terra Nova has been
involved in both land use and environmental
planning for a variety of golf course and resort
developments. Among these are several major
hotels, including Ritz-Carlton Hotel, Mondrian
Hotel, Hardrock Hotel, Canyon Hotel, and
Rosewood Hotel. We have also provided
environmental guidance to world-class golf
course projects, including those designed by
Pete Dye, Fred Couples, Brian Curley and Tom
Doak for such courses as the Canyons at Bighorn,The Palms,Stone Eagle and Desert Cove.
Other important projects include the Robert Trent Jones,Jr Desert Dunes course and the expansion
of the landmark Desert Island development in Rancho Mirage with its unique and economically
designed golf course by Desmond Muirhead. Terra Nova's input begins early in the process and we
work as an integral part of the design team, identifying environmental and other assets that
warrant protection and thoughtful integration into the overall design.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Ritz-Carlton Golf Course Supplemental EIR & Permitting
Terra Nova prepared the Draft and Final Supplemental
Environmental Impact Report (SEIR) on the 163± acre
Ritz-Carlton Resort Golf Course project for the Cities of
Rancho Mirage and Cathedral City. Major issues were
associated biological resources (peninsular bighorn
sheep, microphyll woodland, etc.), cultural resources,
flooding and hydrology, access, water quality and visual
resources. SEIR certified by both cities and full
permitting was completed. Terra Nova also guided
negotiations with the Sierra Club and the Center for
Biological Diversity to secure city approval and avoid
legal challenges.
Ritz-Carlton Hotel Expansion EIR
Terra Nova prepared a comprehensive CEQA EIR for the expansion of the 36-acre Ritz Carleton
Hotel in Rancho Mirage. The expansion included major additions to the existing hotel, a 20,000
square foot spa, 90 to 120 condominiums and villas and ancillary facilities. Issues included major
blasting and excavation, impacts on mountain views, slope stabilization, cultural resources,
biological resources including Peninsular bighorn sheep,drainage and traffic and circulation.
Mondrian and Hardrock Hotels
Terra Nova prepared comprehensive CEQA analyses
for the development of both the Mondrian and
Hardrock Hotels planned for construction in
downtown Palm Springs. Under contract to the City,
Terra Nova conducted assessments of land use
compatibility, visual impacts, traffic and air quality,
cultural and historic resources, and other areas of
analysis. Terra Nova also processed these CEQA
documents through the City Planning Commission
and Council.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Desert Cove Golf Course EIR
Terra Nova played an integral role in the
planning and design of the Desert Cove golf
course, a Brian Curley/Fred Couples designed
course in Cathedral City. This unique golf course
is laid out in the East Cathedral Canyon Wash
and the Whitewater River, and in addition to
comprehensive state and federal environmental
and permitting clearances this project required
the preparation of a Habitat Mitigation and
Management Plan (HMMP). A CEQA EIR was
approved by the City and NEPA EAs were
approved by the US Army Corps of Engineers ,
and the US Bureau of Indian Affairs. The Native
American lands involved in this project also
required approvals from the US EPA.
The Palms Golf Course EA and Permitting
Terra Nova provided land
planning, environmental
analysis, application
processing and permitting
for The Palms golf course
and resort designed by
Fred Couples and Brian
Curley. Located in the La
Quinta area of the
Coachella Valley, this
unique site included date
gardens, expanses of native honey mesquite and sand dunes, which have been carefully preserved
and integrated into the course and residential design. In addition to environmental clearances and
project approvals, Terra Nova help to remove and relocate easements and facilities of the US
Bureau of Reclamation to facilitate project development.
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TERRA NOVA
J PLANNING & RESEARCH, INC.°
STATEMENT OF QUALIFICATIONS
�I
i
IEnvironmental Planning
Terra Nova has extensive experience in environmental assessment and planning, including land use
and resource surveys,natural resource assessments and inventories, demographic profiles, housing
trends and supply assessments,facilities planning and market feasibility studies.As a planning firm,
Terra Nova is particularly attuned to certain environmental assessment issues, including land use
feasibility and compatibility, housing impacts, natural resources protection and integration, visual
and noise impact analyses, and air quality.
Terra Nova has prepared numerous environmental documents on a variety of projects in
compliance with California Environmental Quality Act (CEQA), (Washington) State Environmental
Policy Act (SEPA) and the National Environmental Policy Act (NEPA).The firm's experience is wide
ranging and includes the preparation of EIS/EIRs for multiple species habitat conservation plans,
major stormwater and bridge and highway projects, Comprehensive and General Plans, Zoning
Ordinances, resource extraction, large scale mixed-use resort development and other projects. We
have also prepared a variety of NEPA documents for the Bureau of Land Management, Bureau of
Reclamation, Bureau of Indian Affairs, Federal Highway Administration, US Economic Development
Administration and the US Department of Energy.
Terra Nova strongly believes that properly planned research and analysis programs must take a
systems approach that starts with a comprehensive understanding of baseline conditions, provides
a rigorous evaluation of possible project impacts, and explores as wide a range of issue solutions or
resolution as is practicable. Also essential is Terra Nova staff knowledge of local, state and federal
environmental laws and regulations affecting documentation and processing. Environmental
approvals are the first line of attack for project opponents and Terra Nova has a well deserved
reputation for highly defensible environmental documents. We also regularly consult with land use
and environmental law attorneys, and have provided expert witness testimony in state and federal
courts.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Environmental Planning Services
• CEQA Initial Studies & Environmental Impact Reports
• NEPA Environmental Assessments & Environmental Impact Statements
• Environmental Site Assessments
• Biological Resource Assessments & Streambed Delineations
• Cultural & Historical Resource Assessment
• Noise Impact Analysis
• Visual Resource Assessments
ICEQA/NEPA/Environmental Analysis
Terra Nova has extensive experience in environmental assessment and resource planning.
Capabilities include land use surveys, natural resource assessments and inventories, socio-
economic and other demographic profiles, housing trends and supply assessments, market
feasibility studies, facilities planning, and socio-economic and other data. As authors of CEQA and
NEPA documents, we bring a generalist's holistic and systematic approach to research, assessment
and mitigation. The following projects provide examples of the scope of our expertise and
experience.
Native American Services
Since 1985, Terra Nova has been providing planning and environmental services to Native
American Tribes in Southern California, including the Agua Caliente Tribe, Torres-Martinez Tribe,
Cabazon Tribe and Campo Tribe. We have prepared numerous NEPA analyses for Tribal projects,
signage, RV park development,land swaps,and other projects.Terra Nova has also prepared zoning
ordinances and building codes for Native American Tribes.
College of the Desert Indio Education
Center EIR
The College of the Desert/Desert Community
College District (COD) partnered with the City of
Indio in securing a downtown block for the design ► s
and construction of the Indio Educational Center
(IEC) of the College of the Desert. The three-story „,
IEC provides classrooms, laboratories, meeting
rooms and administrative offices within the
40,000 square foot satellite campus. The ground
floor includes approximately 10,000 square feet of
retail commercial, including Starbucks, book and
supplies store, light dining and other outlets that
will serve the college and the surrounding downtown area. The EIR addressed land use
compatibility, traffic management, air quality, drainage and utilities, visual impacts, sustainability
and other issues.
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Terra Nova Planning&Research, Inc.
Statement of Qualifications
Eisenhower Medical Center Specific Plan EIR
Terra Nova prepared a Subsequent EIR for the 106±
acre campus master plan update to the Eisenhower
Medical Center (EMC) located in Rancho Mirage. The
project involved the development and renovation of
more than fourteen building on the campus, including
the planned construction of a new 5-story acute care
(�tlrn tower, expanded Lucy Curci Cancer Center, medical
offices, helipad and support facilities. The SEIR was
certified by the Rancho Mirage City Council in 2004.
Environmental issues included visual impacts, parking
and circulation, noise, hazardous materials and land
use compatibility.
Dune Palms & Highway I I I Specific Plan EIR
Terra Nova provided turn-key environmental services, including the Notice of Preparation, Draft
and Final EIR and Notice of Completion for a Mixed Use Specific Plan in the City of La Quinta. The
project involved affordable housing and a multi-tenant auto center. Terra Nova also managed the
preparation of a detailed traffic study, noise impact analysis, air quality and greenhouse gas
analyses, and cultural resource surveys and reports. Major planning issues included compatibility
and connectivity issues between the two major land uses, traffic impacts, air quality impacts, and
noise.
Coachella Valley Multiple Species Habitat
Conservation Plan CEQA & NEPA
Complaint EIR/EIS rPJP01tT,7rA1E9
.. YALLEY
Terra Nova prepared a CEQA and NEPA compliant 1.
EIR/EIS for the 1.25 million acre Multiple Species �h•'
Habitat Conservation Plan (MSHCP) and Natural �V
N
Communities Conservation Plan (NCCP) for the c ION Prod
f
Coachella Valley Association of Governments S%N It NOSA AND J%NA%ZI
(CVAG). In addition to addressing the full range of NIOUNTAns,aau+PIAN
potential project impacts on the member _..
jurisdictions of CVAG (nine incorporated cities and
Riverside County),the EIR/EIS also addresses the US " ""'
Bureau of Land Management's Santa Rosa and San
Jacinto Mountains Trail Plan. The MSHCP take
permit also covered future projects of the Coachella
Valley Water District, Riverside County Flood Control District and Imperial Irrigation District. The
EIR/EIS evaluates the full range of environmental issues, including land use, socio-economic and
fiscal resources, transportation, Flood control, water resources, air quality, noise, open space and
recreation, and public facilities. Extensive consultations with involved jurisdictions and agencies
were also conducted.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Paradise Valley Specific Plan EIR
Terra Nova was contracted to prepare the EIR for this new town project that encompasses 6,400 acres east
of the Coachella Valley, in unincorporated Riverside County. Terra Nova was closely involved in the
development of the land use plan as part of the development team, and was the prime contractor for the
EIR. The project included 2,900 acres of open space, 11,600 residential units, 3 million square feet of
commercial retail and office space, 1.3 million square feet of industrial space, and 1,500 hotel rooms. All
of the community facilities necessary in a new town, including schools, fire stations, and other public
facilities are also a part of this project. Terra Nova also prepared detailed Market Analysis and Fiscal
Impact Analysis reports for the project, including evaluation of cost/revenue scenarios for all EIR
alternatives. The Fiscal Impact Analysis included revenues generated by each land use type within the
Plan area, and costs to the County of Riverside for the provision of services, estimated in five year
increments over a 20 year build out.
Dike No. 4 Groundwater Recharge Pilot Facility NEPA & CEQA EAs
Terra Nova prepared two independent CEQA and NEPA- ri ' ...No
compliant environmental assessments on the construction '^
of groundwater recharge pilot facilities on 2.5 acre and 20± i
acre sites located immediately adjacent to Avenue 62
(extended) and immediately west of the US Bureau of .,
Reclamation Dike No. 4, in the La Quinta Area of Riverside
County. Issues analyzed in these EAs included land use
compatibility and potential impacts to biological and '
cultural resources. The goal of the project was to determine
the viability and feasibility of recharging a portion of the
Lower Thermal Subarea of the Whitewater groundwater
basin with ponds at this location.
IBiological Resource Assessments
Biological resources are an essential part of our environment, are an important measure of its
overall health, and are one of the most regulated by state and federal agencies. As biological
creatures, humans have an intimate relationship with all biological resources. State and federal
laws and regulations require careful assessments of these resources and their protection. Since its
inception, Terra Nova has been integrating biological resources into all projects, whether to
enhance the natural experience of a development or to avoid or minimize impacts. Services include
literature and field surveys, GIs data capture, photographic records, resource mapping, protocol
surveys, documentation,habitat and ecosystem assessments and management plans. Our biologists
delineate the boundaries of state and federal jurisdictional waters in compliance with agency
regulations and guidelines.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Stone Eagle Golf Course and Resort
Terra Nova managed a team of field biologists and Illl
specialists in a variety of sensitive species, including
the Peninsular bighorn sheep (PBS). We successfully
characterized the 700t acre planning area, including
mapped critical habitat for the PBS and a perennial
streams and seeps, and developed a wildlife
mitigation program. Secured a non-jeopardy opinion
for the US Fish and Wildlife Service and streambed
and dredge and fill permits from the California
Department of Fish and Game and US Army Corps of
Engineers, respectively.
Mirada Estates at Rancho Mirage
The approval of this subdivision of multi-million dollar
homes located adjacent to the Ritz-Carlton Hotel in the
Santa Rosa foothills of Rancho Mirage required the
thoughtful consideration of several sensitive species and
habitats, including the Peninsular bighorn sheep and dry
desert wash microphyll woodlands. Terra Nova also
guided negotiations with the Sierra Club and the Center
for Biological Diversity to secure city approval and avoid
legal challenges
ICultural & Historical Resource Assessment
Cultural resources are an integral part, the essential fabric of the well-balanced community,
providing residents and visitors with a sense of place and identity, and an important and,
meaningful sense of history and heritage. Cultural resource services include documenting pre-
history to contemporary periods, and documenting cultural resources, potential impacts and
available means of mitigation. The community's cultural heritage can be preserved and the best of
these traditions sustained for future generations. A variety of historic and archaeological resource
services are available, addressing the requirements of CEQA, NEPA, and the state and federal
historic preservation acts. Our years of work with various Native American Tribes also informs our
understanding and appreciation for our national heritage. These resources are opportunities to
preserve and assimilate this heritage through educational programs, and economic and cultural
development.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Cahuilla II Water Reservoirs
Terra Nova prepared CEQA and NEPA analyses for the
Coachella Valley Water District, US Bureau of
Reclamation and the US Army Corps of Engineers on the
development of four 10-million gallon water reservoirs
in the foothills of the Santa Rosa Mountains. The
reservoir sites included impacts to Native American
cremation sites, middens, lithic workshops, pot drops
and other resources. Reservoir development impacted
the prehistoric shoreline of ancient Lake Cahuilla and
includes the area of centuries old fish traps.
Carrizo Plain National Monument
As a part of our work on the Resource Management Plan (RMP)
and NEPA EIS for the Carrizo Plain National Monument, Terra
Nova prepared the cultural and historic resources analysis for the
Plan and drafted the related portions of the NEPA EIS. In addition
to a wide variety of Native American resources and artifacts,
important historic structures and use patterns were also a part of
this analysis. Management strategies to preserve sensitive
resources and facilitate their interpretation were developed for
implementation through the RMP.
San Jacinto Mountain Trails Plan
As a part of the CEQA/NEPA EIR/EIS Terra Nova
prepared for the Coachella Valley Multiple Species
Habitat Conservation Plan, staff also conducted a
detailed analysis of potential impacts of existing and
proposed mountain trails on Native American and
historic resources. Prepared on behalf of the US
Bureau of Land Management, this complex mix of
trails and other artifacts required a specific set of
management strategies to assure that some
resources remain in use, such as pre-historic and
historic trails. Other resources, such as rock art,
caches and old historic structures, were protected
by re-routing trails and providing interpretive
kiosks to educate the hiking public.
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Terra Nova Planning& Research, Inc.
Statement of Qualifications
Noise Impact Analysis
Noise can have a profound negative effect on human health and the quality of the environment.
Terra Nova has extensive experience in environmental noise analysis, including source
assessments, impact analysis, mitigation design and computer modelling of future conditions. We
also conduct barrier analysis and design specific mitigation measures that cost-effectively address
existing or future noise environments.
Cathedral Canyon Bridge
Providing the lead on securing environmental ' T}
clearances and permits for this 600-foot bridge over the k� i
Whitewater River, terra Nova established a noise
monitoring and modeling plan to assess the potential
noise impacts from this new structure. Surrounded by
resort residential structures and one of the most
popular golf courses in the Coachella Valley, community
noise impacts from elevated motor vehicles was a major
concern. Noise modeling and bridge design were able to
effectively reduce noise impacts associated with this
project.
Ramon Road Improvement Project
The California Department of Transportation
(Caltrans) and the Federal Highway Administration
(FHWA) funded the reconstruction of Ramon Road in
Cathedral City, which also increased roadway capacity
and future noise levels. Several sensitive receptors
were identified, including residences, a public
cemetery, private mortuary and outdoor restaurant
dining. Detailed modeling and an impact mitigation
program were developed to address increased future
traffic noise.
College Park Specific Plan
This 510-acre planning area includes a wide range of existing and
planned uses, including residential, industrial, commercial and
institutional. The College Park land use plan evaluated the internal
and surrounding noise environment, including the current and long-
term impacts of aircraft overflights from the Palm Springs
International Airport, and their effects on existing uses and the
forthcoming West Valley Campus of College of the Desert. Mitigation
strategies were developed to buffer residential lands from industrial
noise sources, and to assure that the future college is not adversely
impacted by neighborhood traffic or aircraft noise.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
IVisual Resources and Simulations
Many planning and development efforts can have a profound effect on an area's visual resources,
whether they are mountain views or an uncluttered neighborhood streetscape. The purpose of
visual resource assessments is to characterize them and assess the impacts of the proposed
development on the surrounding visual environment. A variety of guidelines are available,
including "Visual Impact Assessment for Highway Projects", Federal Highway Administration
(FHWA). Visual resource assessments require detailed description of the project setting and
viewshed, identification of key resources, computer modeling of proposed development, resource
analysis including viewer response, and assessment of appearance and impacts of project designs.
We also provide design and other recommendations to mitigate adverse impacts to visual
resources.A visual impact assessment(VIA) is frequently prepared as part of NEPA actions.
Rosewood Hotel Palm Desert
The Rosewood Hotel project has been approved for
development on Highway 74 in Palm Desert, and --
presented numerous challenges to the city and
surrounding residents. The relatively tall (four
story) building will be constructed near the
highway frontage and will provide a long facade
along this roadway. The visual impact analysis
evaluated the impacts of the future hotel to the
streetscape and to surrounding residences. A
variety of analysis methods were used, including
story poles and balloons, and sophisticated and
highly accurate computer visualizations.
Cathedral Canyon Drive
11 Cathedral Canyon Drive provided only a low
S. flow crossing at the Whitewater River and has
been washed out by large storms on an almost
annual basis. The look and visual impacts of
the new 600-foot bridge were a concern to the
city and surrounding residents and resort
owners. Based on a carefully conceived
aesthetic treatment package for the bridge,
field data and CAD drawings were used to
model four views of the bridge. All
stakeholders were pleased with the quality of
the visualization and the limited impacts of
the project as demonstrated by the analysis.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Desert Gateway Commercial Center
Substantial concern was
expressed about the potential
adverse impacts the 700,000
square foot regional commercial
center would have on
surrounding viewsheds. The site
has significant slopes and +
prominent areas that were to be
built upon.As part of a CEQA EIR, -
Terra Nova prepared four
detailed viewshed analyses to
assess the views of this new development once constructed. Four viewsheds were selected in
consultation with the city and more than adequately addressed concerns raised
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ITransportation Planning
After land use,traffic and transportation represent one of our greatest planning and environmental
challenges. Since 1984, Terra Nova has conducted and managed a wide range of traffic and
transportation studies, including project-specific design and General Plan scale modelling. Our
experience includes systems design and analysis, network modelling, multi-modal systems,
transportation systems and demand management (TSM & TDM), "Complete Streets", transit-
oriented development (TOD) and synergistic mixed-use development. Terra Nova has also been
instrumental in many federally funded transportation projects and their environmental clearance
and permitting.
Transportation planning encompasses a wide spectrum of interacting fields of planning, including
land use, traffic networks and technology, as well as employment and labor economics, sociology,
air quality, social equity and human health. As an integral part of community development and
economics, transportation planning has become even more important as efforts are ramped up to
increase multi-modal movement of people and goods. Terra Nova conducts and manages a variety
of transportation research and analysis, including General Plan level traffic modeling,project traffic
impact analyses, neighborhood electric vehicles (NEV) and bicycle route and facilities planning,
parking demand studies and other services. Representative projects include the Palm Desert and La
Quinta General Plans, the University Park Community Plan,Anaheim's Katella Boulevard expansion,
College Park Specific Plan and the La Quinta NEV/golf cart plan.
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Tetra Nova Planning&Research,Inc.
Statement of Qualifications
University Park Palm Desert
The 2,200t acre University Park Community Plan ' fa
was developed as a highly synergistic sub-area of the a'_.,•:, .
Palm Desert General Plan and involves major
arterials, three interchanges with US Interstate-10,
and a variety of multi-modal facilities. These include
plans for a bus rapid transit route, comprehensive
bike and NEV circulation, and a land use pattern that 1 i
supports non-motorized access to work, shopping,
school and parks and recreation. This unique and
balanced mix of residential, commercial, industrial, 10
college and university campuses, and recreation and
open space are a model of integrated mixed-use
planning.
Highway I I I Coachella Valley
Terra Nova has been involved with Highway 111
planning efforts along much of this route's length.
From Palm Springs to the Salton Sea, our planning
efforts have included changes to roadway and
intersection geometries, access drive consolidation,
Caltrans and municipal environmental clearances
/ — for roadway widening and modifications, and
pedestrian bridges and other improvements to non-
motorized access.
y<
Magnesia Falls Drive EIR Palm Desert
Terra Nova prepared the CEQA EIR for the
Magnesia falls Improvement project in the City of
Palm Desert. This important roadway provides
east-west access to the College of the Desert and
other schools, residential development and City
parks and recreation facilities. Major issues
included traffic noise, flooding and hydrology,
visual impacts, and public infrastructure.
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STATEMENT OF QUALIFICATIONS
IAir Quality and Climate Change Analysis
For more than 25 years, Terra Nova has been providing air quality and, more recently, greenhouse
gas analysis services. These services support all environmental analysis and documentation, land
use and transportation plans and projects, and entitlement processing. Documents prepared
include air quality analyses, conformity analysis, greenhouse gas analysis,and Climate Action Plans.
Terra Nova air quality analysis staff is knowledgeable in federal, state, and regional air quality
regulations relating to criteria pollutants and toxic air contaminants, as well as greenhouse gases.
Terra Nova has analyzed air quality impacts throughout California including the South Coast, Salton
Sea, Mojave Desert, and San Joaquin Valley Air Basins. Applied industry-standard modeling
techniques and software include CalEEMod, RoadMod, EMFAC, AERMOD, CALINE, and Caltrans
Carbon Monoxide Protocol.
While air quality and toxic emissions analysis protocols have developed over a number of decades,
protocols for quantifying and assessing the significance of greenhouse gas (GHG) emissions vary
considerably. Many agencies may yet to establish clear policies or programmatic regulations to
guide climate change analysis. Terra Nova solves this problem with tailored quantitative modeling
to compile accurate inventories of existing and future emissions coupled with the perspective of
seasoned planners. Our analyses present reasonable and defensible assessments of impact
significance,as well as consistency with State and local GHG reduction plans, programs and policies.
Our award-winning Climate Action Plans assure defensible analysis and thoughtful, cost-effective
strategies to met GHG emission challenges.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Climate Action Plans I
California's Global Warming Solutions Act of 2006 (AB 32) set in motion a statewide effort to
achieve reductions in greenhouse gas emissions through regulatory and market mechanisms. The
long-term goal is an 80 percent reduction in GHG emissions from 1990 levels by 2050. Through the
preparation and implementation of a Climate Action Plan, local governments are putting into place
strategies to reduce their community-wide emissions to 15% percent below current levels by 2020.
On a municipal level, it is essential to first conduct a community-wide inventory to identify and
quantify greenhouse gas emissions. Sophisticated research and software are used to estimate
emissions derived from energy consumption, waste generation and other potential sources. Once
sources have been identified,a constraints and opportunities analysis is conducted to identify areas
where emissions can be cut. Practicable and feasible policies and programs are essential to achieve
reductions, as is an understanding and appreciation of the economic opportunities associated with
these ventures. Potential emission reductions are quantified by estimating the effectiveness of
various measures, such as improved energy efficiency or a change in energy source.These activities
culminate in a Climate Action Plan (CAP) that allows the municipality to implement reduction
measures tailored specifically to the community's needs and abilities. An award-winning Terra
Nova Climate Action Plan has been recommended by Southern California Edison as a model for
emulation (see Apple Valley CAP,below).
Town of Apply Valley Climate Action Plan
After completing the General Plan update for
the Town of Apple Valley, Terra Nova
Apple Valley 3005 Tpwn-witlp GHG Emissions
prepared the Climate Action Plan for the rpnf co:e
Town. The CAP was completed using ICLEI
protocols and programming, and includes an E% 0.2% 19 9% ■peMeentlal
inventory of base year GHG generation for ■Cpmme lai
municipal and community sectors; "business :% ■IntlpnHal
as usual" calculations and reduction targets 19
■T2nappRa[Ipn
for the year 2020; an elective menu of
reduction strategies for municipal reductions, ■galltl Waste
existing development reductions, and new 's,;;;s'9"man°Ta `
project reductions; and an implementation 68% OGumping Faauuef
plan and monitoring system to allow the
Town to track its progress. The CAP has
already been implemented for a major retail
project, which is incorporating the Plan's reduction measures in its Environmental Impact Report
and development plan to demonstrate quantified reductions in GHG emissions meeting Town
targets. The CAP has received the Beacon Award from the Institute for Local Government and is
recommended as a model for other municipalities by Southern California Edison.
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
City of La Quinta Greenhouse Gas Reduction Plan
Currently under way, the City of La Quinta's Greenhouse Gas Reduction Plan is being prepared in
conjunction with the update of the City's General Plan. The Plan has been prepared using the ICLEI
protocol, and includes:
• an inventory of current municipal and private sector GHG generation for a base year of
2005;
• a reduction target based on 1990 level estimates;
• "business as usual" build out estimates for 2020 based on the current General Plan land use
plan and associated traffic study;
• implementation measures in an elective menu format for both municipal activities and for
the community at large, quantified to demonstrate their potential GHG reductions for 2020;
and
• a tracking mechanism to allow the City to monitor its progress.
The Plan,when implemented,will result in reductions of greenhouse gases of 15% below base year.
College Park Specific Plan Greenhouse Gas Analysis and Reduction Strategy
The 510-acre College Park Specific Plan in Palm Springs includes the future 119-acre West Valley
Campus of College of the Desert, as well as industrial and business park lands, residential
development and a 10-mwe solar PV array. Tasks included several levels of efficiency analysis,
detailed accounting of greenhouse gas (GHG) potential under "business-as-usual" scenarios, and
quantified off-sets from innovative land use
concepts and design standards. The College Park
Specific Plan is a climate action plan for a
geographic sub-unit of the City of Palm Springs
General Plan, providing general control measures,
- air quality and climate change mitigation, and
I sustainable design strategies.
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f
Hazardous Materials Surveys and Remediation
The Terra Nova team has conducted soil,soil gas,and groundwater investigations at more than 400
properties in Southern California. Terra Nova also prepares remedial action plans for the removal
of contaminants in soil and groundwater. Properties investigated have included automotive fuel
service stations, metal plating facilities, recycling facilities, dry cleaning facilities, manufacturing
plants, oil fields, coal and uranium mines, military bases, manufactured gas plants, oil refineries,
and roadways. The properties investigated have ranged from smaller vacant lands to larger
Superfund facilities and military bases. These investigations have been conducted both discreetly
for smaller clients, as well as with oversight by up to four regulating agencies for larger impacted
sites. Services include Phase 1 & Il environmental or initial site assessments (ESAs and ISAs), lead
and asbestos surveys,and associated remediation planning and management.
California State University-San Bernardino Phase I ISA
The California State University System has been incrementally "jz�
developing a 200-acre campus in the City of Palm Desert; Terra
P g P tY
Nova prepared the CEQA EIR for the campus master plan. Phase 1
Initial Site Assessments have been prepared for the University on d,
the initial take down of land and for subsequent parcels. Issues
included abandoned wells, past agricultural activity, construction r `
waste and debris, and other illegal dumping.
lip,
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Terra Nova Planning & Research, Inc.
Statement of Qualifications
College of the Desert West Valley Campus Phase I ISA
A comprehensive Phase 1 environmental site assessment
was prepared on the 119-acre future West Valley
Campus of College of the Desert in Palm Springs. The
site lies adjacent to open wash and vacant lands,is easily
accessible and has been the site of numerous dumping
of domestic, construction and other waste materials.
The site and potentially hazardous materials were
carefully assessed and mitigation strategies developed
to clear the site of potentially hazardous and toxic
materials.
Palm Desert Apartments Hazardous Materials Survey
On behalf of the Palm Desert Housing Authority, Terra Nova
conducted a hazardous materials survey, Phase 1 ISA and
asbestos and lead survey and testing. The survey area
included 66 dwelling units in eight apartment buildings, and
AUTI one restaurant. The apartments were constructed in 1962 as
hotel units and subsequently converted to apartments. The
city Housing Authority Purchased the development with the
intent of converting it to a city-owned affordable housing
project. bNr
..rnn v,n1r neIB1U,
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STATEMENT OF QUALIFICATIONS
41
° ...
M.
_i
IRegulatory Permitting
A wide range of regulatory permits are required for both public and private sector projects,
including development and conditional use permits, Clean Water Act permits including 404 dredge
and fill permits and 401 water quality certificates,California Fish and Game streambed permits,and
Clean Air Act (CAA) permits. Over the past 28 years, Terra Nova has prepared and processed
hundreds of land use permits for both small and large projects. We have also secured numerous
404 dredge and fill permits from the US Army Corps of Engineers, CWA permits from the California
Regional Water Quality Control Board and the US EPA, and streambed alteration agreements from
the California Department of Fish and Game. Terra Nova has assisted several jurisdictions in the
development of planning regulations and ordinances. Planning issues that the firm has addressed
have included energy conservation,resource protection, and land use and zoning regulation.
Public Sector
• General Plans • Zoning Ordinances
• CEQA&NEPA Analysis • Municipal Services
• Fiscal Impact Analysis • Fee Nexus Studies
Private Sector
• Master&Specific Plans • CEQA&NEPA Analysis
• Project Management/Permitting • Air Quality Analysis
• Biological&Cultural Resources Studies • Fiscal Impact Analysis
• Transportation Planning • Traffic Impact Analysis
• Land Use Feasibility Studies • Market Feasibility Analysis
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Stone Eagle Golf Club & Residential Village EIR & COE 404 Permit
Terra Nova prepared the Draft and Final Environmental
Impact Report for the 703± acre Stone Eagle project
located in Palm Desert. Issues included development
potential impacts to critical bighorn sheep habitat and
desert washes, bridging CVWD stormwater channel,
securing 404 permit from the US Army Corps of Engineers
and 1603 Streambed Alteration Agreement from the
California Department of Fish and Game. Environmental
issues also included traffic impacts to SR 74,visual impacts
and geotechnical issues.
Mirada Estates at Rancho Mirage SEIR & Permitting
Terra Nova prepared the Draft and Final Subsequent
Environmental Impact Report (SEIR) on the 156± acre
mixed use master plan for the Mirada Development in
Rancho Mirage. Major issues were associated with
biological resources (Peninsular bighorn sheep,
microphyll woodland, etc.), cultural resources, flooding
and hydrology, trail and open space access, water quality
and visual resources.
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Cathedral Canyon Bridge at the Whitewater River
An all-weather bridge planned for Cathedral Canyon Drive
over the Whitewater River required a wide range of permit
approvals from city, state and federal agencies. Terra Nova
prepared application, environmental and special studies
and analysis for the US Army Corps of Engineers, US EPA,
California Department of Fish and Game and California
¢. Water Quality Control Board, and secured federal CWA 404
and 401 permits and certificates, a streambed alternation
agreement and state 401 certificate. Terra Nova also
" prepared a habitat mitigation and monitoring plans for this
project.
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STATEMENT OF QUALIFICATIONS
IEcosystem and Habitat Conservation Planning
Wildlife conservation has evolved into a more holistic discipline that evaluates and protects entire
habitats and ecosystems. Conservation planning also accounts for existing and possible future
human encroachment into sensitive areas. Only with an adequate breadth and depth of
understanding can management plans be developed and implemented effectively. While Terra
Nova's experience with desert ecosystems is greatest, for the past three decades we have worked
on wildlife, habitat and ecosystem management and conservation plans for non-profits, local
governments, and state and federal agencies in a wide range of environments. In addition to
involvement in landscape scale conservation efforts of more than one million acres, Terra Nova has
also prepared habitat conservation plans, including the first such plan for the endangered Casey's
June beetle.
Coachella Valley Multiple Species Habitat Conservation Plan CEQA & NEPA
Compliant EIR/EIS
Terra Nova was retained by the Coachella Valley
Association of Governments (CVAG) to prepare a
CEQA and NEPA-compliant Environmental Impact
Report/Statement (EIR/EIS) for the 1.25 million acre
Multiple Species Habitat Conservation Plan (MSHCP)
and Natural Communities Conservation Plan (NCCP).
The Plan protects 27 sensitive plant and animal species
and their habitats and provides incidental take permits
from state and federal agencies.
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Terra Nova Planning& Research,Inc.
Statement of Qualifications
The EIR/EIS addressed the full range of potential project impacts on the member jurisdictions of
CVAG (nine incorporated cities and Riverside County), and also analysed the potential effects of
the US Bureau of Land Management's Santa Rosa and San Jacinto Mountains Trails Plan.
Additional "permittees" under the MSHCP include the Coachella Valley Water District, Imperial
Irrigation District and Riverside County Flood Control District. The EIR/EIS evaluated such
environmental issues land use compatibility, socio-economic and fiscal effects, transportation,
water resources, flood control, air quality, noise, cultural resources, mineral resources, recreation
and public facilities.
Dos Palmas ACEC Ecosystem Management Plan and NEPA EA
Terra Nova prepared an ecosystem management plan (EMP)
and NEPA Environmental Assessment on the Dos Palmas
ACEC (Area of Critical Environmental Concern) for the US
Bureau of Land Management and The Nature Conservancy
(TNC). The planning area encompassed approximately
17,000 acres and included the Salt Creek drainage and a
portion of the Salton Sea within the project boundaries. The
EMP/EA document summarized previous plans, discussed
planning issues and ACEC management objectives, provided
a detailed management plan and included a monitoring and reporting program. A comprehensive,
NEPA-compliant EA was also integrated into the document. Species of concern included desert
pupfish, Yuma clapper rail, flat-tailed horned lizards and other sensitive species. Plant
communities included extensive wetlands and riparian habitat, palm oases, springs and artesian
wells, and riparian woodlands. Control of invasive non-native plant species, tamarisk, etc.) was
also addressed in the EMP.
Casey's June Beetle Habitat Conservation Plan (HCP)
The Casey's June beetle is an endemic species limited to a
small area in the western Coachella Valley. Recently listed
by the US Fish and Wildlife Service as "endangered",
Terra Nova was retained to draft the first habitat p
conservation plan for this species. Pursuant to Section
10(a)(1)(B) of the federal Endangered Species Act of
1973, our client (Smoketree, Inc.) applied for an incidental
take permit from the U.S. Fish and Wildlife Service
(Service) to allow the incidental take of Casey's June
Beetle on 260 acres Our research, documentation and agency negotiations yielded a Low-Effect
Habitat Conservation Plan (HCP) that mitigates and minimizes impacts to the species resulting
from existing routine, ongoing occupation, use, and maintenance of the existing residential
community and its guest ranch.
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STATEMENT OF QUALIFICATIONS
IEnergy Resources
Terra Nova staff has decades of experience in energy resource planning, small and utility-scale
project planning, related environmental impact assessment, technology and knowledge transfer,
and associated economic impact analysis. We work directly with state and federal energy
regulatory agencies, public utilities, communities and other stakeholders in developing solutions to
a wide range of energy-related issues.Our experience includes resource planning and management,
and environmental analysis and permitting for a variety of energy projects.Terra Nova has played a
key role in major solar photovoltaic systems and wind farms, development and implementation of
the Coachella Valley's Green for Life energy management and conservation program developed
with funding from Southern California Edison,and public policy programs.
CVAG Green For Life Project
Terra Nova assembled and managed a multi-disciplinary team of consultants to prepare the Green
for Life Initiative for the Coachella Valley Association of Governments (CVAG). Funded by Southern
California Edison,the Initiative is a regional approach to achieving energy reductions,and includes:
• A Green Building Policy
• Climate Action and Energy Action Plans
• A Benchmarking Policy
• Energy management software purchase and installation
• A Commissioning and Retro-Commissioning Policy
The Terra Nova team developed the Green Building Program for the seven participant jurisdictions:
the cities of Blythe,Cathedral City, Desert Hot Springs,Indian Wells,Palm Springs,Rancho Mirage;
and the Agua Caliente Band of Cahuilla Indians.
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Statement of Qualifications
The program is based on extensive research and review of
diverse existing energy efficiency policies and programs in the WHAT CAN I DO NOW
Coachella Valley and similar regions,and is specifically tailored to Foa
address new development, as well as retrofitting of existing
development. The Terra Nova team also prepared the Green
Building Manual and a training program on energy efficiency and
sustainability for City staff and officials. -
Another component of the Green For Life Initiative is
Benchmarking and Utility Management, which includes the ..�._ ,.•
development of a facilities inventory and thorough review of -
existing energy benchmarking policies. The Terra Nova team
conducted benchmarking and utility management analysis for the -
seven participant municipalities. We also researched and
installed energy management software for all seven jurisdictions,
and developed a Commissioning and Retro-Commissioning Policy -"-
for all the jurisdictions.
College of the Desert/SCE GreenPark PV Project
On behalf of the City of Palm Springs,
- - - - ^- College of the Desert (COD) and Southern
I _,.:-------- -- California Edison (SCE), Terra Nova
-r' •- coordinated preparation of a Conditional
Use Permit application and technical
`[ studies associated with the proposal to
construct a grid-connected 10-megawatt
photovoltaic (PV) array on 60± acres of
the new West Valley Campus of COD. In
--- addition to addressing specific design
\ issues, including array and transmission
-- corridor location and design, we also
encouraged innovative, low impact
construction practices. Terra Nova prepared a comprehensive CEQA Initial Study and Mitigation
Negative Declaration and processed the application and CEQA documentation through the city.
SCE Delano Airport PV System
Terra Nova is providing environmental and
permitting services to Southern California Edison
for the development of a grid-connected 10-
megawatt PV array at the Delano Municipal
Airport in Kern County. The PV system will be
located on airport land zoned for industrial
development and will connect directly to the local
power grid, supplying the airport and other
surrounding land uses. Terra Nova prepared and
processed an Environmental Assessment for the
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Terra Nova Planning&Research,Inc.
Statement of Qualifications
Federal Aviation Administration (FAA) in conformance with the National Environmental Policy Act
(NEPA) and FAA regulations. Terra Nova also prepared and processed an Initial Study and
Mitigation Negative Declaration for the City of Delano in conformance with the California
Environmental Quality Act(CEQA).
College Park Specific Plan
The City of Palm Springs retained Terra Nova to
study a 510-acre planning area and develop a
sustainability-based Specific Plan for this area,
' ^* which includes the West valley Campus of the
College of the Desert (COD). This diverse area of
single and multi-family homes, institutional uses,
industrial lands, limited commercial
development and vacant lands was identified as a
living laboratory for sustainability planning. The
_ College Park Specific Plan integrates and extends
the sustainability-based curriculum and career
training being implemented by COD, and includes
plans to associate existing and future industrial development with the cultivation of sustainable
technologies at the campus. COD will also use the local residential neighborhood as a living lab for
weatherization,technology transfers and energy and water management.
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STATEMENT OF QUALIFICATIONS
IWater Supply Assessments
Worldwide and especially in the western United States, the long-term availability of potable water
resources has become an increasingly critical issue. Urban development and agriculture are
supported by both surface and ground water resources, which have always been scarce and are
now further threatened by climate change. Over the past decade, Terra Nova has prepared water
supply assessments, verifications and studies for a wide range of planning and development
projects. Uniquely, Terra Nova has also been a leader in water resources planning in the context of
community General Plans. Our intimate familiarity with the principles of land planning, resource
management and conservation, and community design and development assures WSAs and Water
Management Plans that are founded on sound research, solid analysis, and innovative thinking
about resource use and management. The following briefly summarizes some of our experience in
this area.
College Park Specific Plan WSA: This WSA was prepared for the Desert Water Agency in 2010 for
the 506 acre College Park Specific Plan and associated 119 acre West Valley Campus of College of
the Desert in the City of Palm Springs.The WSA also assessed water demand associated with future
industrial, commercial and residential development.
Hacienda at Fairview Valley Specific Plan WSA: This WSA was prepared in 2009 for Apple Valley
Ranchos Water Company for the 1,557-acre mixed-use development, including 3,100 dwelling
units.
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Statement of Qualifications
Hacienda at Fairview Specific Plan Water Supply Study:
The supplemental water supply study was prepared
in 2009 for Apple Valley Ranchos Water Company for
the 1,557-acre mixed-use development, including
3,100 dwelling units.
North Apple Valley Industrial Specific Plan WSA: This
WSA was prepared for the Apple Valley Ranchos
Water Company 5,000-acre Apple Valley North
Specific Plan, which centers on the industrial lands
surrounding the Apple Valley Airport.
Desert Gateway WSA: This WSA was prepared for the Coachella Valley Water District on the
700,000 square foot Desert Gateway commercial center in Palm Desert.
Desert Dunes Resort WSA: This WSA was prepared for the Coachella Valley Water District on the
2,800 unit golf-oriented planned community in the western Coachella Valley.
Panorama Specific Plan WSA: This WSA was prepare
for the Coachella Valley Water District on the 504-acre
Panorama Specific Plan project, which included 1.2
million square feet of commercial space, 2,700 homes
and a 100-acre community college campus.
Museum Market Plaza Specific Plan WSA: This WSA
was prepared for the Desert Water Agency for a mixed
use hotel, condominium and commercial project in
downtown Palm Springs.
Palm Springs Section 14 Water Supply Study:This water supply study was prepared in coordination
and cooperation with Desert Water Agency in lieu of a Water Supply Assessment and approved by
the City.
Recurrent Energy WSAs: Over the past two years, Terra Nova has prepared several Water Supply
Assessments and water supply studies for Recurrent Energy, a major developer of photovoltaic
(PV) solar energy projects in California. Several assessments were for adjudicated water basins
with associated legal and regulatory issues, and
groundwater and other supply conditions that have
significantly restricted new development access
(including solar) to groundwater resources. Terra
Nova has successfully negotiated with water
districts, companies and agencies in securing water
for recurrent projects.
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TERRA NOVA
PLANNING & RESEARCH, INC.°
L -ASTATEMENT OF QUALIFICATIONS
1
ti 1�
14
X y
v t {
Market Feasibility Analysis
Land use, development and market feasibility analysis has been at the heart of Terra Nova services
since the company's inception. Disciplines applied to these analyses include land carrying capacity,
infrastructure availability and cost, regulatory constraints and opportunities, demographic trends
and projections, sector specific market analysis, and market conditions, trend analysis and
projections. The company has applied these approaches to a variety of economic development
projects, ranging from commercial and industrial park development, to community-wide economic
development strategies.
The company's experience with project-specific economic and market analysis is extensive. Since
1984, we have encouraged private sector clients to integrate land use and market analysis into the
design and development of residential, commercial and industrial projects. These documents have
enhanced project planning and phasing, and helped to facilitate financing of projects. Terra Nova
has also completed a wide variety of fiscal impact analyses in association with securing project
approvals and land annexations. These studies comply with local, county and state requirements
for fiscal impact analysis.
Our experience in broad-based market and economic analysis include the development of detailed
community economic profiles, assessments of land use patterns and their impact on local economic
conditions, including per capita and household income, and employment development. Terra Nova
has prepared more than a dozen Economic Development Elements for General and Comprehensive
Plans. We have also prepared economic analysis integral to community Redevelopment Agency
plans and strategies.
8s
43
Terra Nova Planning& Research, Inc.
Statement of Qualifications
Community economic profiles and economic development strategies have become an important
part of the suite of services provided by Terra Nova. In addition to providing a economic and
market clear context within which communities compete, these studies and strategies provide a
map for future economic growth. Detailed assessments of constraints and opportunities, and the
identification of comparative advantages in the market place have helped put communities on an
optimum track for economic growth.
Paradise Valley Market Feasibility Study and Cost/Benefit Analysis
Terra Nova prepared a comprehensive market
feasibility study for a new town development kt .
planned east of the Coachella Valley in Riverside a+�
County. The study included analysis of the
developer's proposed land use plan for the 6,400 u
acre project, which included a full range of
residential, commercial, resort and industrial
designations. The study analyzed these land uses
based on both the internal demand and the demand
created by pass-by traffic on US Interstate 10. As a
result of the analysis,the land use plan was adjusted
to reduce the retail component, balance the mix of
residential land uses to accommodate all income
levels, and adjust the resort hotel rooms consistent
with projected demand. As the development team
continued to work with the land use plan, Terra Nova updated the analysis to assure that the
project had a balance of land uses that would be sustained over a long build out period.
Fiscal Impact Analysis, City of Palm Desert North Annexation
.mm In 2012, the City of Palm Desert
considered the annexation of residential
and commercial lands north of the current
City limits, at the request of the residents
i of the area. As part of this annexation
;., evaluation, Terra Nova completed a
comprehensive fiscal impact analysis to
a consider the costs and revenues that could
be expected immediately upon annexation
# , 6 from existing development, as well as the
costs and revenues that would be
generated at build out of the annexation
area. The analysis included not only the
fiscal model, but evaluation of why the
model demonstrated a significant negative financial impact for the City. Ultimately, the City Council
determined that the annexation would not be in the best interest of the City, and terminated
consideration.
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44
Terra Nova Planning& Research, Inc.
Statement of Qualifications
Canyons at Bighorn Golf Course Land Use and Market Feasibility Analysis
Terra Nova prepared this detailed
preliminary market assessment of golf
course development in the Coachella Valley
and the greater Palm Desert market area.
Measures of economic activity associated
with tourist resort industry were also made
and analysed.Conducted detailed golf course
market analysis, preliminary project
redesign concepts, assessment of associated
residential component, and preparation of
development and operations pro formas.
Prepared project planning and
implementation schedule and incorporated
same into study recommendations.
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89
TERRA NOVA
PLANNING & RESEARCH, INC.°
TERRA NOVA KEY PERSONNEL '
r �
Terra Nova Planning & Research, Inc.
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
Telephone: (760) 341-4800
www.terranovaplanning.com
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91
Terra Nova Planning & Research, Inc.
Statement of Qualifications
jOHN D. CRISTE
Principal Planner
Mr. Criste has more than thirty-five years experience in land use, urban and regional planning,
energy development management and impact analysis, environmental assessment and impact
analysis, land use feasibility and market analysis. He also has extensive experience in public policy
planning regarding land use and environmental issues on county, state and federal levels. On
numerous occasions he has served as a guest speaker at U.S. Department of Energy conferences on
the environmental and socio-economic impacts of decentralized power generation systems. His
experience covers all aspects of the California Environmental Quality Act (CEQA), National
Environmental Policy Act (NEPA) and public documents required by same. He is a frequent CEQA
instructor for the Association of Environmental professionals and the American Planning
Association, and has provided for credit instruction in land use and environmental planning for the
American Bar Association.
Since founding Terra Nova, Mr. Criste has provided environmental analysis on such projects as:
EIRs on the Coachella Valley Multiple Species Habitat Conservation Plan EIR/EIS, numerous resort
hotel projects, 2,200 acre Rancho Royale Specific Plan, CEQA/NEPA EIR/EIS for the 17 mile CVWD
Mid-Valley Stormwater Channel, and the Ecosystem Management Plan and NEPA EA for the 17,000
acre Dos Palmas ACEC. Other projects have included dozens of annexation and associated
environmental documents, more than 30 Specific Plans and EIRs, and more than a dozen General
Plans and EIRs for such diverse cities as Rancho Mirage, Palm Desert, Desert Hot Springs and
Blythe. Most recently, Mr. Criste was the principal planner in charge of the preparation of Section
College Park Specific Plan and EIR for the City of Palm Springs.
Mr. Criste has also been involved in a number of major resort and golf course projects, including
two Fred Couples golf courses (The Palms and Desert Cove), Canyons at Bighorn, Stone Eagle and
others. His experience in resort hotel planning includes the Rosewood Hotel in Palm Desert and the
Ritz Carleton Hotel in Rancho Mirage. Additional experience has included planning and
environmental analysis of utility scale energy projects, implementation of regional water and air
quality control programs,and statewide energy-conserving building codes.
As an Associate Planner for Riverside County, California, Mr. Criste's responsibilities included such
projects as the San Gorgonio Wind Resource Study team (EIR/EIS#158), and the processing of the
first windpark development permits in the San Gorgonio Pass. He was project planner for the 2,000
acre Tesoro Resort Development Specific Plan, and also served as County Representative to the
Coachella Valley Association of Governments (CVAG) Technical Planning Committee. He served as
Chairman of the Pennsylvania Governor's Energy Curriculum Task Force. Most recently, Mr. Criste
has served as an expert witness in land use and environmental planning suits in state and federal
courts.
Mr. Criste holds a Bachelor of Arts degree in Architectural History from Pennsylvania State
University. He has been certified by the American Institute of Certified Planners (AICP, #6672). He
is also a member of the American Planning Association (APA), the Association of Environmental
Professionals (AEP), an Associate Member of the Institute of Transportation Engineers and is an
Associate Member of the Urban Land Institute.
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49
Terra Nova Planning &Research, Inc.
Statement of Qualifications
NICOLE SAUVIAT CRISTE
Principal Planner
Ms. Criste has been with Terra Nova since 1985, coming from a background in publishing,
marketing and public relations. Since joining Terra Nova, she has authored and managed the
preparation of a wide range of planning and environmental documents, including several General
and Specific Plans, Zoning Ordinances, resource management plans, market studies and land use
feasibility analyses.
Ms. Criste's experience includes General Plans for the Cities of La Quinta, Apple Valley, Poulsbo
(Washington), and Rancho Mirage. Her Specific Plan experience includes Museum Market Plaza in
downtown Palm Springs and the 5,000± acre North Apple Valley Plan (see below). She has also
managed preparation of the Canyon South Specific Plan in Palm Springs.
She is currently the Project Manager for the Coachella Valley Association of Governments (CVAG)
Green for Life Program, for which the Terra Nova Team has prepared a Green Building Policy and
Municipal Benchmarking and Energy Management Program. Ms. Criste has also prepared a variety
of air quality analyses using state of the art software models to conduct thorough assessments of
project impacts on air quality and greenhouse gas levels.
Ms. Criste is also expert in state Housing Element law and many aspects of Redevelopment law,
especially the application of CEQA to RDA projects. She has prepared housing elements for a variety
of jurisdictions and processed them through the Department of Housing and Community
Development.
In addition to extensive land use and community planning experience, Ms. Criste also provides
expert services in environmental, land use and development design analysis, fiscal and economic
impact analysis, market research and marketing strategy development. Her experience in project
and community land use planning and analysis is extensive and has included most regions of the
U.S.
She has conducted numerous market and economic impact studies, as well as environmental
studies for economic development and redevelopment agencies. Ms. Criste prepared the economic
impact analyses for the Coachella Valley Multiple Species Habitat Conservation Plan,the Santa Rosa
and San Jacinto National Monument Plan and federal EIS, and numerous annexations in Riverside
and San Bernardino counties.
She also manages the firm's contract planning services, which have included providing current
planning and environmental services to the cities of Indio, Coachella, La Quinta, Palm Springs,
Rancho Mirage, Desert Hot Springs, Cathedral City, Banning, San Bernardino and the Town of Yucca
Valley.
Ms.Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies.
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50
Terra Nova Planning& Research, Inc.
Statement of Qualifications
ANDREA RANDALL
Senior Planner
Ms. Randall has been a practicing professional urban planner since 1993, and has developed a
broad range of experience and expertise in land use and environmental planning, economic
planning and analysis, CIS and database development, and other associated skills and capabilities.
She currently manages Terra Nova's Colorado Springs office.
Since joining Terra Nova in 1998, Ms. Randall has been involved in a wide variety of land use and
environmental planning activities. She has been actively involved in the preparation of General
Plans and associated environmental analysis for the cities of Cathedral City, Rancho Mirage, Palm
Desert, La Quinta and Desert Hot Springs; as well as environmental assessments for planned
communities and major recreation projects, including championship golf courses and associated
facilities.
Ms. Randall has also assisted in the preparation and processing of a variety of NEPA and CEQA
documents, and has secured Streambed Alteration Agreements from the California Department of
Fish & Game and Section 404 Permits from the Army Corps of Engineers. She also had a primary
role in the preparation of the US BLM NEPA EIS for the California Desert Conservation Area (CDCA)
Plan amendment.
Ms. Randall has also conducted predevelopment planning analysis for a variety of projects,
including the Paradise Valley Market Feasibility Study and Fiscal Impact Analysis, the Coachella
Valley Multiple Species Habitat Conservation Plan Fiscal Impact Analysis, the headquarters for the
Institute of Critical Care Medicine, and analyses for a number of annexations and residential
subdivisions.
As a research analyst for Navigation Technologies, Ms. Randall was responsible for developing
information and databases for GIS mapping systems, coordinating the resources of more than 100
public and private sector organizations. Her research and analysis involved housing development,
transportation systems and networks, traffic regulations, and local planning policies. She was also
responsible for tracking and monitoring new development and construction activities on a regional
basis.
Ms. Randall graduated Magna Cum Laude with a Bachelor's degree in Urban Affairs and Planning
from the Virginia Polytechnic Institute and State University and was a member of Gamma Beta Phi.
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51
Terra Nova Planning& Research, Inc.
Statement of Qualifications
KELLY S. CLARK
Assistant Planner
Ms. Clark joined Terra Nova in 2011. She is a recent graduate of the University of California,
Berkeley, graduating with a Bachelor of Science degree in Conservation and Resource Studies. Ms.
Clark's coursework emphasized sustainable urban development, environmental policy and
community design.
Since joining Terra Nova, Ms. Clark has been assisting in the preparation of the Green Building
Policy and the Benchmarking and Energy Management Program for CVAG's Green for Life project.
Her duties have included research and documentation of green building programs throughout the
State; project coordination; and surveys of participating jurisdictions'staff members.
Ms. Clark has also provided research and analysis required for CEQA and NEPA documents, local
green building policies and various development projects throughout the Coachella Valley,
including Initial Studies for retail projects in Desert Hot Springs and San Bernardino and the Initial
Study for the City of Twenty-nine Palms "Project Phoenix;' a downtown redevelopment project that
will include a community center, retail and residential development in the City's downtown. She
also contributed to the preparation of the College of the Desert Indio Educational Center EIR.
Most recently, Ms. Clark has been a part of the planning team for the Rancho Cucamonga Foothill
Boulevard BRT corridor study, a Compass Blueprint Demonstration Project of the Southern
California Association of Governments. She has been intimately involved in land use and socio-
economic research, public outreach and participation, and collection of data and information
regarding the Foothill corridor.
QUIN KINNEBREW, CEG, REA 11
Mr. Kinnebrew has been an alliance partner of Terra Nova for more than twelve years and will
provide environmental site assessment services and associated technical support to the project. He
has conducted soil, soil gas, and/or groundwater investigations at more than 400 properties in
Southern California, including oil fields, coal and uranium mines, military bases, manufactured gas
plants, oil refineries, and roadways. He has prepared more than a dozen Phase 1 ESAs for the City of
Palm Desert Redevelopment Agency and an equal number for CVWD. His investigated have ranged
from smaller vacant lands to larger Superfund facilities and military bases.
Mr. Kinnebrew also has extensive experience in the preparation of Remedial Action Plans for the
removal of contaminants in soil and/or groundwater. To date, Mr. Kinnebrew has initiated and
completed soil remediation at fuel service stations, dry cleaners, oil fields, and various commercial
and industrial properties. Contaminants of concern have included gasoline, diesel, volatile organic
compounds, polycyclic aromatic hydrocarbons, metals, pesticides, herbicides, and waste oil.
Remedial alternatives used have included vapor extraction technologies, injection of hydrogen
releasing compounds, injection of oxygen releasing compounds, and excavation and offsite disposal.
Each completed remedial action conducted to date by Mr. Kinnebrew has received agency closure.
He holds a Masters of Science in Geology and a Bachelor's of Science in Engineering both from
Texas A&M University.
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52
ATTACHMENT 5
96
City of Pahn Springs
Marcus Fuller
Assistant City Manager-Engineer
3200 E.Tahquilz Canyon Way,Palm Springs,CA 92262
Tel 760.322.8380 • Fax 760.323.8207 • TDD 760.864.9527
October 21, 2015 Alarcus.Fullcr@palmspringsca.gnv • a sisw.palmspingsca.gov
Mr. Mark De Bie
Deputy Director
Waste Permitting, Compliance and Mitigation Division
California Department of Resources, Recycling and Recovery
1001 1 Street
Sacramento, CA. 95812-4025
Re: Cleanup and Remediation Assistance Request, Illegal Dump Site
Dunn Road, City of Palm Springs
Dear Mr. De Bie:
A 40-acre parcel of land located in Palm Springs off of Dunn Road, an unimproved road
that extends from State Route 74 in Pinyon Pines through the Santa Rosa Mountains
and San Jacinto National Monument in south Palm Springs to Cathedral City, has
become an illegal dumping site for solid waste and potentially hazardous materials.
Zoned as agricultural land, historically the property was used for agricultural purposes.
Pistachio and almond groves once flourished. Approximately ten years ago, an attempt
was made to grow organic peppers on the site. Mulch was imported and deposited.
Later, it was determined that the mulch was contaminated with "medical" waste. As a
result of the soil contamination, the land became unsuitable for agricultural purposes
and was left uncultivated.
In addition to the above, illegally dumped waste materials is scattered over much of the
property. It appears to be small objects in a wide variety. Everything from metal objects,
such as coins and toys; plastic objects like toothbrushes and dentures; and broken
glass covers the surface. In addition, abandoned irrigation lines and other debris has
been left behind.
The aforementioned parcel of land is currently owned by Aeneas Valley Ranch, LLC.,
who has agreed to transfer ownership of the property to the City of Palm Springs once
the City can secure funding for site cleanup and remediation. Palm Springs' Department
of Public Works and Engineering and Office of Sustainability have been working with
PO Box 2743, Palm Springs,California 92263 97
the California Department of Resources, Recycling and Recovery to identify cleanup
and remediation options to address the debris present at the dump site, including
participating in a site visit with CalRecycle Engineers, Mustafe Botan and Stephanie
Young.
The City of Palm Springs requests CalRecycle's managed assistance under the Solid
Waste Disposal and Codisposal Site Cleanup Program in order to complete the
remediation of the aforementioned site. The City of Palm Springs will fully cooperate
with CalRecycle and provide administrative management, complete photo and video
documentation, procure and install signing to discourage future dumping, develop and
implement a public education plan and devote specific funds to maintain the site. The
sum total of these efforts is estimated at $40,000.
Thank you for your time and attention regarding this matter. if you have any further
questions, requests or comments, please feel free to contact me at (760) 322-8280.
/ Sincerely,
Marcus Fuller
Assistant City Manager/City Engineer
9�
ATTACHMENT 6
99
REAL PROPERTY ACQUISITION AGREEMENT
AENEAS VALLEY RANCH, LLC
THIS AGREEMENT FOR REAL PROPERTY ACQUISITION, ("Agreement'),
dated and entered into for solely for reference purposes as of 2016,
by and between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation ("City') and AENEAS VALLEY RANCH, LLC, A WASHINGTON LIMITED
LIABILITY CORPORATION, (collectively, "Owner"), with reference to the following
facts:
RECITALS
A. Owner is the owner of certain real property designated as Assessor's Parcel
No. 635-060-011, (the `Property"), located in the City of Palm Springs (the "City'), the
County of Riverside (the "County'), State of California (the "State").
B. The Property comprises 40 acres of vacant land that was used historically for
agricultural purposes, and may be contaminated with certain unknown hazardous or
non-hazardous waste.
C. City desires to acquire Owner's Property as part of a remediation project
funded in part by the Coachella Valley Mountains Conservancy, as further explained in
the City's letter dated June 26, 2015, included as Exhibit "A" to this Agreement, and to
accept Owner's Property at such time as the City secures 100% of all costs for the
remediation project from grant funding or third party resources.
D. Owner has agreed to voluntarily waive its right to payment of the fair
market value as compensation for the City's acquisition from Owner of the Property, and
agrees to donate to City and City desires to accept from Owner the Property, in
accordance with the terms and conditions contained in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained in this Agreement, and other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged by Owner, City and Owner
(hereinafter collectively referred to as the 'Parties", or individually as a `Party") hereby
agree as follows:
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1
AGREEMENT
1. CONVEYANCE OF PROPERTY.
1.1. Agreement to Donate. Subject to the terms and conditions set forth
herein, Owner hereby agrees to convey to City, and City hereby agrees to acquire from
Owner, the Property being more particularly described in the Grant Deed, (attached
hereto as "Exhibit B"), which "Exhibit 1" attached thereto defines the Property to be
acquired, and shall be made a part thereof.
1 .2. Purchase Price. The purchase price ("Purchase Price") for the Property
shall be Zero Dollars ($0). Owner hereby agrees to waive its rights to compensation for
the City's acquisition of the Property from the Owner, in exchange for the City pursuing
and obtaining funds for remediation of the Property pursuant to the City's letter attached
as Exhibit "A".
2. ESCROW AND CLOSING.
2.1 . Opening of Escrow. Within fourteen (14) business days after execution of
this Agreement by the City, City shall open an escrow (the "Escrow") with Liberty
Escrow, at the address set forth in Section 7.12 ("Escrow Holder"), by depositing with
Escrow Holder this Agreement fully executed, or executed counterparts hereof. The
date this fully executed Agreement is signed and accepted by Escrow Holder on the last
page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall
advise City and Owner of such date in writing. The escrow instructions shall incorporate
this Agreement as part thereof and shall contain such other standard and usual
provisions as may be required by Escrow Holder, provided, however, that no escrow
instructions shall modify or amend any provision of this Agreement, unless expressly set
forth in writing by mutual consent of City and Owner. In the event there is a conflict
between any such standard or usual provisions and the provisions of this Agreement,
the provisions of this Agreement shall control.
2.2. Escrow Fees and Other Charges. At the Close of Escrow, City agrees to
pay all of Owner's and City's usual fees, charges and costs incidental to the
conveyance of the Property and Close of Escrow that may arise in this Escrow,
including, but not limited to, any costs for the Standard Coverage Policy (defined below)
or if elected, an CLTA Extended Coverage Owner's Policy.
2.3. Closing Date; Conditions Precedent to Close of Escrow. Provided all of
the conditions set forth in this Section 2.3 have been satisfied (or are in a position to be
satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur at such
date as Escrow Holder has acknowledged and confirmed that all such conditions have
been satisfied, (the "Closing Date"). As used in this Agreement, the "Close of
Escrow" shall mean the date a Grant Deed, as provided in Section 2.4.2(a) hereof, is
recorded in the Official Records of the County.
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2
2.3.1 Conditions of City for Close of Escrow. The Close of Escrow
and Owner's obligation to convey the Property are subject to the satisfaction of the
following conditions or City's written waiver of such conditions, on or before the Closing
Date. City may waive in writing any or all of such conditions in its sole and absolute
discretion.
(a) Owner shall have performed all obligations to be
performed by Owner pursuant to this Agreement;
(b) No event or circumstance shall have occurred, which, in
the sole opinion of City, would make any of Owner's representations, warranties and
covenants set forth herein untrue as of the Close of Escrow, including, but not limited to,
those warranties and representations of Owner set forth in Sections 3.4 and 4.1 of this
Agreement;
(c) There shall have occurred no material adverse change in
the physical condition of the Property (such as those caused by natural disasters),
which, in the sole opinion of City, would render the Property unsuitable for City's
intended use;
(d) The Title Company shall be committed to issue to City,
as of the Closing Date, the Title Policy (defined below) covering the Property, subject
only to the Permitted Exceptions; and
(e) Owner shall have caused any lien or charge of any deed of
trust that encumbers the Property to be subordinated to the rights of City under the
terms of the Grant Deed.
(f) City has obtained 100% of the funding necessary to perform
remediation and cleanup of the Property, either from grant funding through the
Coachella Valley Mountains Conservancy or such other grant award agencies, or
through committed agreements with third party agencies to perform such remediation
(including the California Department of Resources, Recycling and Recovery to request
that the state accept and participate in the cleanup and remediation of the property
through their Solid Waste Disposal and Codisposal Site Cleanup Program). As of the
date this Agreement is executed, the City has obtained funding to perform preliminary
assessment and environmental review for actions necessary to perform remediation
and cleanup of the Property; at the completion of this work, City will identify the full cost
of the remediation and cleanup of the Property and request additional funding from the
Coachella Valley Mountains Conservancy.
2.3.2 Conditions of Owner for Close of Escrow. The Close of Escrow
and Owner's obligation to sell and convey the Property are subject to the satisfaction of
the following conditions or Owner's written waiver of such conditions on or before the
Closing Date. Owner may waive in writing any or all of such conditions as a condition to
the Close of Escrow in its sole and absolute discretion.
(a) City shall have performed all obligations to be performed
by City pursuant to this Agreement; and
ioz
3
(b) No event or circumstance shall have occurred which
would make any of City's representations, warranties, and covenants set forth herein
untrue as of the Close of Escrow including, but not limited to, those warranties and
representations of City set forth in Section 4.2 of this Agreement.
2.3.3 Waiver of a Condition Does Not Excuse Performance. If any
condition precedent to the Close of Escrow is expressly waived, in writing, as a
condition to the Close of Escrow by the party for whose benefit such condition exists,
then, to the extent such condition is capable of being satisfied following the Close of
Escrow, such condition shall become a condition subsequent to the Close of Escrow
and shall be satisfied by the party whose performance is required to satisfy such
condition as soon as reasonably possible following the Close of Escrow.
2.4. Closing Funds and Documents. The parties shall deposit the following
with Escrow Holder prior to the Close of Escrow:
2.4.1 City's Deposits. City shall deposit:
(a) City's escrow and other cash charges; and
(b) A Certificate of Acceptance for the Grant Deed executed
by the City Clerk of the City of Palm Springs (See, Exhibit B).
2.4.2 Owner's Deposits. Owner shall deposit:
(a) The Grant Deed in the form of Exhibit B attached hereto,
appropriately executed to convey the Property subject only to the Permitted Exceptions
(defined below).
2.4.3 Deposits of Additional Instruments. Owner and City shall each
deposit such other instruments as are reasonably required by Escrow Holder or
otherwise required to proceed to the Close of Escrow and consummate conveyance of
the Property in accordance with the terms of this Agreement.
2.5. Closing.
2.5.1 Necessary Actions of Escrow Holder. On the Close of Escrow,
Escrow Holder shall in the following order: (i) record the Grant Deed and Certificate of
Acceptance in the Office of the County Recorder of the County; (ii) pay any transfer
taxes; (iii) instruct the County Recorder to return the Grant Deed to City; (iv) deliver to
City the Title Policy covering the Property subject only to the Permitted Exceptions, if
any.
2.5.2 Real Estate Taxes. Owner will be responsible for any reduction
or may seek reimbursement from the Riverside County Tax Assessor's office for any
property taxes that have been assessed for a period after the Close of Escrow. City
further agrees to cooperate with Owner to provide any necessary information to the
Assessor's office in connection with such request for refund.
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4
2.6. Failure to Close; Termination.
2.6.1 Neither Party in Default. In the event that any condition set forth
in Section 2.3 (and its subdivisions) is not satisfied or waived, in writing, and the Close
of Escrow does not occur within the time required herein due to the failure of such
condition or the Close of Escrow does not occur within the time frame required herein
for any reason, with or without fault of Owner or City, this Agreement is terminated;
Escrow Holder, with no further instructions from the parties hereto, shall return to the
depositor thereof any funds, or other materials previously delivered to Escrow Holder,
the Escrow shall be automatically terminated and of no force and effect; City shall pay
any Escrow termination fees; and except as otherwise provided herein the parties will
have no further obligation to one another.
3. ACTIONS PENDING CLOSING.
3.1. Title Review.
3.1.1 Title Report. Within five (5) business days after the Opening of
Escrow, Stewart Title of California (the "Title Company") will furnish City with an
updated Title Commitment on the Property together with legible copies of all documents
referenced therein as exceptions to title and a plot plan for the Property showing all the
locations of all easements referenced therein (collectively, the "Title Commitment").
3.1.2 Title Notices. City shall have ten (10) business days after its
actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the
"Preliminary Title Notice") of City's approval, conditional approval, or disapproval of
the title exceptions and other matters disclosed in the Title Commitment. All title
exceptions not timely approved by City will be deemed disapproved. All such
exceptions and other matters disapproved by City are referred to herein as
"Disapproved Exceptions". It shall be the sole responsibility of City to remove any
Disapproved Exceptions.
3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all
exceptions appearing on the Title Commitment which are: (i) standard printed
exceptions in the Title Policy issued by Title Company; (ii) general and special real
property taxes and assessments, a lien not yet due and payable; and (iii) any other
liens, easements, encumbrances, covenants, conditions and restrictions of record
approved, or expressly waived by City pursuant to this Section 3.1.
3.2. Title Policy. City's obligation to proceed to the Close of Escrow shall be
conditioned upon the commitment by Title Company to issue an ALTA Standard
Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"),
showing title to the Property vested in City with liability equal to Two Hundred Thousand
Dollars ($200,000), subject only to the Permitted Exceptions. The form of title policy shall
be referred to herein as the "Title Policy".
3.3. Immediate Possession and Use. It is mutually understood and agreed by
and between the parties hereto that the right of exclusive possession and use of the
Property by the City, including the right to remove and dispose of improvements, shall
commence upon the execution of this Agreement by Owner. 104
5
3.4. Owner's Covenant Not to Further Encumber the Property. Owner shall
not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell,
transfer or convey its interest or any portion of its interest in the Property, or enter into
any agreement to do so, prior to the close of escrow, and will immediately notify City if
any of these actions are taken. Owner shall discharge and remove, prior to the Closing,
any and all liens and other obligations relating to work performed on, conducted at, or
materials delivered to the Property by Owner, or at Owner's direction or on its behalf, in
order to preclude the filing of any claim or mechanic's lien with respect to such work or
materials.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS.
4.1, Owner's Representations, Warranties and Covenants. In addition to the
representations, warranties, and covenants of Owner contained in other sections of this
Agreement, Owner hereby represents, warrants and covenants to City as follows, all of
which shall survive the Close of Escrow:
4.1.1 Owner's Authority. Owner has the capacity and full power and
authority to enter into and carry out the agreements contained in, and the transactions
contemplated by, this Agreement, and that this Agreement has been duly authorized
and executed by Owner, and upon delivery to and execution by City, shall be a valid
and binding agreement of Owner.
4.1.2 Leases. There are no leases, rental agreements, or other such
contracts of any kind or nature affecting possession or occupancy of the Property, and
Owner shall not enter into any such contracts during the terms of this Agreement
without the prior consent of City.
4.1.3 No Liens and Subordination. Owner warrants that at the time of
the Close of Escrow, Owner shall have caused any lien and charge of any deed of trust
that encumbers the Property to be subordinated to the rights of City under the terms of
the Grant Deed.
4.1.4 No Untrue Statements or Omissions of Fact. Each of the
representations and warranties made by Owner in this Agreement, or in any exhibit, or
on any document or instrument delivered pursuant hereto shall be continuing
representations and warranties which shall be true and correct in all material respects
on the date hereof, and shall be deemed to be made again as of the Close of Escrow
and shall then be true and correct in all material respects. The truth and accuracy of
each of the representations and warranties, and the performance of all covenants of
Owner contained in this Agreement, are conditions precedent to the Close of Escrow.
Owner shall immediately notify City of any fact or circumstance which becomes known
to Owner which would make any of the representations or warranties in this Agreement
untrue.
4.2. City's Representations and Warranties. City represents and warrants to
Owner as follows, all of which shall survive the Close of Escrow:
4.2.1 City's Authority. City has the capacity and full power and
authority to enter into and carry out the agreements contained in, and the transactionsl 0 5
6
contemplated by, this Agreement, and that this Agreement has been duly authorized
and executed by City and, upon delivery to and execution by Owner, shall be a valid
and binding Agreement of City.
4.2.2 No Untrue Statements or Omissions of Fact. Each of the
representations and warranties made by City in this Agreement, or in any exhibit or on
any document or instrument delivered pursuant hereto, shall be continuing
representations and warranties which shall be true and correct in all material respects
on the date hereof, and shall be deemed to be made again as of the Close of Escrow,
and shall then be true and correct in all material respects. The truth and accuracy of
each of the representations and warranties, and the performance of all covenants of
City contained in this Agreement, are conditions precedent to the Close of Escrow. City
shall notify Owner immediately of any facts or circumstances which are contrary to the
representations and warranties contained in this Agreement.
4.3. Mutual Indemnity. Owner and City shall defend, indemnify, and hold free
and harmless the other from and against any losses, damages, costs and expenses
(including attorneys' fees) resulting from any inaccuracy in or breach of any
representation or warranty of the indemnifying party or any breach or default by such
indemnifying party under any of such indemnifying party's covenants or agreements
contained in this Agreement and the City further agrees to indemnify and hold harmless
Grantor from any liability arising out of City's operations under this Agreement and
agrees to assume responsibility for any damages proximately caused by reason of
City's operations under this Agreement and City will, at its option, either repair or pay for
such damage. The Grantor shall be named as an additional insured under the Grantee
or its contractor's liability insurance.
5. CONDEMNATION. Owner and City acknowledge that this transaction is a
negotiated settlement in lieu of condemnation, and Owner hereby agrees and consents
to the dismissal or abandonment of any eminent domain action in the Superior Court of
the State of California in and for the City of Palm Springs, wherein the herein described
Property is included, in whole or in part, and also waives any and all claims to any
money on deposit in the action and further waives all attorneys' fees, costs,
disbursements, and expenses incurred in connection therewith. If, prior to the close of
the execution of this transaction, Owner is served with a Summons and Complaint in
Eminent Domain in which Owner is a named defendant, upon the Close of Escrow,
Owner agrees and consents to City taking a default in the action. Moreover, the
consideration set forth in this Agreement provides for the acquisition from Owner of the
Property, and any rights which exist or may arise out of the acquisition of the Property
for public purposes, including without limitation, Owner's interest in the land and any
improvements located thereon, improvements pertaining to the realty (if any), severance
damages, any alleged pre-condemnation damages, loss of business goodwill (if any),
costs, interest, attorney's fees, and any claim whatsoever of Owner which might arise
out of or relate in any respect to the acquisition of the Property by the City.
6. BROKERS. Owner and City each represents and warrants to the other
that they have not dealt with or been represented by any brokers or finders in
connection with the conveyance of the Property and that no commissions or finder's
fees are payable in connection with this transaction. City and Owner each agree to
indemnify and hold harmless the other against any loss, liability, damage, cost, claim or 10,6
expense (including reasonable attorneys' fees) incurred by reason of breach of the
foregoing representation by the indemnifying party. Notwithstanding anything to the
contrary contained herein, the representations, warranties, indemnities and agreements
contained in this Section 6 shall survive the Close of Escrow or earlier termination of
this Agreement.
7. GENERAL PROVISIONS.
7.1 . Counterparts; Facsimile Signatures. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which, taken
together, shall constitute one and the same instrument and any executed counterpart
may be delivered by facsimile transmission with the same effect as if an originally
executed counterpart had been delivered.
7.2. Further Assurances. Each of the parties agree to execute and deliver
such other instruments and perform such acts, in addition to the matters herein
specified, as may be appropriate or necessary to effectuate the agreements of the
parties, whether the same occurs before or after the Close of Escrow.
7.3. Entire Agreement. This Agreement, together with all exhibits hereto and
documents referred to herein, if any, constitute the entire agreement among the parties
hereto with respect to the subject matter hereof, and supersede all prior understandings
or agreements. This Agreement may be modified only by a writing signed by both
parties. All exhibits to which reference is made in this Agreement are deemed
incorporated in this Agreement whether or not actually attached.
7.4. Headings. Headings used in this Agreement are for convenience of
reference only and are not intended to govern, limit, or aide in the construction of any
term or provision hereof.
7.5. Choice of Law. This Agreement and each and every related document
are to be governed by, and construed in accordance with, the laws of the State of
California.
7.6. Severability. If any term, covenant, condition or provision of this
Agreement, or the application thereof to any person or circumstance, shall to any extent
be held by a court of competent jurisdiction or rendered by the adoption of a statute by
the State of California or the United States invalid, void or unenforceable, the remainder
of the terms, covenants, conditions or provisions of this Agreement, or the application
thereof to any person or circumstance, shall remain in full force and effect and shall in
no way be affected, impaired or invalidated thereby; provided that the invalidity or
unenforceability of such provision does not materially adversely affect the benefits
accruing to, or the obligations imposed upon, any party hereunder, and the parties
agree to substitute for the invalid or unenforceable provision a valid and enforceable
provision that most closely approximates the intent and economic effect of the invalid or
unenforceable provision.
7.7. Waiver of Covenants. Conditions or Remedies. The waiver by one party
of the performance of any covenant, condition or promise, or of the time for performing
any act, under this Agreement shall not invalidate this Agreement nor shall it be 107
8
considered a waiver by such party of any other covenant, condition or promise, or of the
time for performing any other act required, under this Agreement. The exercise of any
remedy provided in this Agreement §hall not be a waiver of any other remedy provided
by law, and the provisions of this Agreement for any remedy shall not exclude any other
remedies unless they are expressly excluded.
7.8. Legal Advice and Construction. Each party has the option to obtain
independent legal advice from its attorneys with respect to the advisability of executing
this Agreement and the meaning of the provisions hereof. The provisions of this
Agreement shall be construed as to the fair meaning and not for or against any party
based upon any attribution of such party as the sole source of the language in question.
There shall be no presumption in the interpretation of this Agreement that any ambiguity
is to be resolved against any party hereto. ."
7.9. Relationship of Parties. The parties agree that their relationship is that of
Owner and City, and that nothing contained herein shall constitute either party, the
agent or legal representative of the other for any purpose whatsoever, nor shall this
Agreement be deemed to create any form of business organization between the parties.
hereto, nor is either party granted the right or authority to assume or create any
obligation or responsibility on behalf of the other party, nor shall either party be in any
way liable for any debt of the other.
7.10. Assignment. Neither Owner nor City shall assign its rights or delegate its
obligations hereunder without the prior written consent of the other, which consent shall
not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the successors and permitted assigns
of the parties to this Agreement.
7.11. Notices. No notice, request, demand, instruction, or other document to be
given hereunder to any Party shall be effective for any purpose unless personally
delivered to the person at the appropriate address set forth below (in which event such
notice shall be deemed effective only upon such delivery), delivered by air courier next-
day delivery (e.g. Fed Ex), delivered by mail, sent by registered or certified mail, return
receipt requested, or sent via telecopier, as follows:
If to City, to: City Manager & City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 323-8204
Telephone No.: (760) 323-8332
With a copy to: City Attorney
c/o Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Facsimile No.: (714) 835-7787
Telephone No.: (714) 558-7000
108
9
If to Owner, to: James Platt
Aeneas Valley Ranch, LLC
9520 NE 16th Street
Clyde Hill, WA 98004
Telephone No.: (425) 785-3523
If to Escrow Holder, to: Kristy Cordell
Liberty Escrow
200 N. Sunrise Way, Suite A
Palm Springs, CA 92262
Facsimile No.: (760) 322-2157
Telephone No.: (760) 322-2050
Notices delivered by air courier shall be deemed to have been given the next
business day after deposit with the courier and notices mailed shall be deemed to have
been given on the second business day following deposit of same in any United States
Post Office mailbox in the state to which the notice is addressed or on the third business
day following deposit in any such post office box other than in the state to which the
notice is addressed, postage prepaid, addressed as set forth above. Notices sent via
telecopy shall be deemed delivered the same business day transmitted if done so
before 4:00 p.m., otherwise delivery shall be considered to be on the next business day.
The addresses, addressees, and telecopy numbers for the purpose of this Paragraph,
may be changed by giving written notice of such change in the manner herein provided
for giving notice. Unless and until such written notice of change is received, the last
address, addressee, and telecopy number stated by written notice, or provided herein if
no such written notice of change has been received, shall be deemed to continue in
effect for all purposes hereunder.
7.12. Survivability. All covenants of City or Owner which are intended
hereunder to be performed in whole or in part after Close of Escrow and all
representations, warranties, and indemnities by either Party to the other, shall survive
Close of Escrow and delivery of the Grant Deed, and be binding upon and inure to the
benefit of the respective Parties.
7.13. Acceptance of Donated Property for Tax Deduction Purposes: It is
understood by the Parties that conveyance of the Property will be by donation, as a gift
to the City, and that subject to City Council approval, the City will provide Owner written
confirmation that the City, as a municipal corporation and Charter City, is accepting a
donation of the Property with a value of at least $200,000 as stated in the most recent
appraisal of the Property previously provided to the City. City makes no guarantee
herein that the donation of the Property to the City will be tax deductible.
[SIGNATURE PAGE FOLLOWS]
las
10
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall
only become effective as of the day and year the last of the parties set forth below signs
this Agreement.
CITY OWNER
CITY OF PALM SPRINGS, a California Aeneas Valley Ranch, LLC, a Washington
charter city and municipal corporation, limited liability corporation
By: Cascade Ranches, Inc., a Washington
corporation, its Managing member
David H. Ready
City Manager
By:
Attest: Signature
By: James. S. Platt. President
James Thompson Printed Name/Title
City Clerk
Approved as to form by:
Douglas C. Holland, Esq.
City Attorney
Exhibit List
Exhibit A -- City's Letter dated June 26, 2015
Exhibit B -- Form of Grant Deed
Exhibit C -- Legal Description of the Property
11 110
ACCEPTANCE BY ESCROW HOLDER:
Liberty Escrow hereby acknowledges that it has received a fully executed counterpart of
the foregoing Real Property Acquisition Agreement and agrees to act as Escrow Holder
thereunder and to be bound by and perform the terms thereof as such terms apply to
Escrow Holder.
Date: ("Opening of Escrow") Liberty Escrow
By:
Name:
Its:
211
Exhibit "A"
CITY'S LETTER TO OWNER DATED JUNE 26, 2015
112
AM JAW
0.psA��Z
N City of Palm Springs
Office of the City Manager
3200 East Tahquitz Canyon Way a Palm Springs,California 92262
°gOro eN�P Tel:(760)322-8380 a Fax:(760)323-8207 a Web:www.palmspringsca,gov
June 26, 2015 Via Registered Mail—Return Receipt
Mr.lames S. Platt, President
Aenaes Valley Ranch, LLC
9520 NE 16th Street
Clyde Hill,WA 98004-3427
RE: Remediation of Vacant Property;APN 635-060.011—Pinyon Pines, Palm Springs,CA
Dear Mr. Platt,
It is my understanding that Aenaes Valley Ranch, LLC, has maintained fee ownership of a 40 acre parcel
of vacant land located within and near the southern limits of the City of Palm Springs, near the Pinyon
Pines area. Records indicate this 40 acre parcel was excepted from the larger transfer of ownership of
600 acres in that Section 17 to the U.S. Bureau of Land Management by Deed recorded in 2002. The
purpose of my letter to you today is to request your help and coordination on a grant request the City
Is preparing to submit to the Coachella Valley Mountains Conservancy, (the "Conservancy"),associated
with remediation of your property located in the City of Palm Springs near the Pinyon Pines area.
Your 40 acre property identified by Assessor's Parcel Number(APN) 635-060-011, is currently a vacant
parcel of land located on Dunn Road, an unimproved road that extends from State Route 74 in Pinyon
Pines, through the Santa Rosa and San Jacinto National Monument in the south Palm Springs area to
Cathedral City adjacent to Palm Springs. Historically, this property was used for agricultural purposes;
pistachio and almond groves were previously planted, but over a decade ago as part of an effort to
grow organic peppers on the property, mulch was imported and deposited on the site. However, it
was later found that the mulch was contaminated with a variety of medical waste and other forms of
debris.
The City would like to take the initiative and apply for grant funds to remediate this property, which
will require your support and approval. The Conservancy is the recipient of$10 Million from the state
of California through a Proposition 1 initiative approved by the voters—the Water Quality, Supply, and
Infrastructure Improvement Act of 2014. The Conservancy is soliciting proposals from public agencies
and non-profit organizations for various eligible projects which benefit water quality, water supply, and
watershed protection and restoration projects benefitting the Coachella Valley. How does remediating
your property fit in?The property sits in an alluvial plain at the headwaters to the Palm Canyon Wash;
surface runoff across the property may become contaminated and degrade water quality downstream,
Into Palm Springs. Cleaning up your property will eliminate this possibility.
113
James S. Platt
June 26, 2015
Page 2
Remediation of a property with an historic use as an illegal dump site, generally, is prohibitively
expensive. We conservatively estimate that the costs to assess the contamination and identify a
remediation plan, and to complete the remediation, is at least $250,000 and as high as $500,000; this
cost likely exceeds the fair market value for the property. However, the City is prepared to submit a
proposal to the Conservancy to obtain sufficient funding to complete this remediation, with an
associated public educational component to promote the benefits of good environmental stewardship,
and the Importance of preventing disposal of hazardous waste on public lands which leads to water
contamination and irreparable harm to wildlife habitats.
The funding available from the Conservancy is restricted to public purposes, and not available for
private benefit. Our grant proposal cannot be submitted on land the City does not own; thus, the
purpose of this letter is to initiate discussions with you on the disposition of this property, and to
understand your willingness to convey the property to the City to allow it to be held as public open
space for the purposes of remediating and protecting it as a recreational and educational resource.
Alternatively, if you are not interested in conveying the property to the City, the City requests an
understanding of a time frame for your initiation of the required remediation of the property.
1 would appreciate the benefit of a reply; time is of the essence in that the Conservancy is soon
accepting proposals, and we stand ready to submit our proposal which benefits your property as well
as water quality and wildlife habitat in that area. In order to convey the property to the City, I would
request a letter of intent from you to donate the property to the City for the purposes as explained in
this letter. If you have any questions, please feel free to contact me at (760)322-8380, or by e-mail at
Marcus.Fuller@paimspringsca.gov.
Sincerely,
/
j 1 ,Vf q
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
114
EXHIBIT B
RECORDING REQUESTED BY
City of Palm Springs
WHEN RECORDED RETURN TO:
City Clerk
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code§6103
GRANT DEED
APN:635-060-011
This transfer is exempt from Documentary Transfer Tax pursuant to Revenue&Taxation Code§ 11922.
THE UNDERSIGNED OWNER DECLARES:
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Aeneas Valley Ranch, LLC, a Washington limited liability company, ("Grantor"),
hereby GRANTS to:
CITY OF PALM SPRINGS, a California charter city and municipal corporation
("Grantee"),
All rights, title, and interests to the real property in the County of Riverside, State of
California, legally described on Exhibit 1 attached hereto, being incorporated herein by
this reference.
Grantor:
Aeneas Valley Ranch, LLC, a Washington limited liability company
By: Cascade Ranches, Inc., a Washington corporation
Its: Managing Member
By:
Signature
By: James. S. Platt, President
Printed Name/Title
115
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
�t+u,5hiny(9n
STATE OF &AL'�FOP�P}f 1 )
COUNTY OF ) ss.)
On before me, �Y�1�hel Sri Notary Public,
personally appeared 1prner S. P140 , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity u�`?R,behalf of which the
person(s) acted, executed the instrument. ��•�`NS oN E .�
I certify under PENALTY OF PERJURY under the laws of�� �te of GiJifornia that the
foregoing paragraph is true and correct. _ tU NOTARY U
N? PUBLIC ;
WITNESS my hand and official seal.
%;OF ASN N-":,
Signature
My Commission Expires: -Lk-�_hwlb This area for official notarial seal
116
Exhibit "1" to the Grant Deed
LEGAL DESCRIPTION OF THE PROPERTY
The land referred to herein is situated in the City of Palm Springs, County of Riverside,
State of California, more particularly described as follows:
The East One-Half (E'/2) of the East One-Half (E'/z) of the Southeast One-Quarter (SE%)
of Section 17, Township 6 South, Range 5 East, San Bernardino Base and Meridian, in
the County of Riverside, State of California, according to the United States Government
Survey.
The real property described herein is also identified by APN 635-060-011.
117
ATTACHMENT 7
116
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA, ACCEPTING THE
DONATION OF 40 ACRES OF VACANT REAL PROPERTY
FROM AENEAS VALLEY RANCH, LLC, A WASHINGTON
LIMITED LIABILITY COMPANY, FOR THE PROPERTY
IDENTIFIED BY ASSESSOR PARCEL NUMBER (APN)
635-060-011
WHEREAS, Aeneas Valley Ranch, LLC, a Washington limited liability company, (the
"Owner"), desires to donate real property consisting of 40 acres of vacant land located
in the City of Palm Springs, identified by Assessor's Parcel Number(APN) 635-060-011,
(the "Property'), to the City of Palm Springs; and
WHEREAS, the Owner has provided to the City a fair market appraisal of the valuation
of the Property, identifying a fair market value of $200,000 for the Property, and the
Owner has agreed to donate the Property as a gift to the City; and
WHEREAS, pursuant to California Government Code Section 37354, the City Council
may acquire real property by gift, bequest or devise made to or for the City, or to or for
any of its officers in their official capacity or in trust for any public purpose; and
WHEREAS, the City Council of the City of Palm Springs desires to accept the Property,
with a stated fair market value of $200,000, as part of a remediation project funded in
part by the Coachella Valley Mountains Conservancy, and to accept the Property at
such time as the City secures 100% of all costs for the remediation project from grant
funding or third party resources.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: The above recitals are all true and correct.
Section 2: The City Council of the City of Palm Springs, in accordance with California
Government Code Section 37354, hereby accepts the offer of donation from Aeneas
Valley Ranch, LLC, a Washington limited liability company, of real property consisting of
40 acres of vacant land located in the City of Palm Springs, identified by Assessor's
Parcel Number (APN) 635-060-011, subject to the City securing 100% of all costs for
the remediation project from grant funding awarded by the Coachella Valley Mountains
Conservancy, or through third party resources committed to complete the remediation
project.
119
Resolution No.
Page 2
Section 3: The City Manager is hereby authorized to enter into any agreements
necessary to acquire the donated real property, and to approve payments of associated
escrow and title fees associated with the real property acquisition by donation from
Aeneas Valley Ranch, LLC, a Washington limited liability company.
Section 4: The City Clerk is hereby authorized to prepare and execute a Certificate of
Acceptance on behalf of the City Council to be attached to and recorded with any Grant
Deed or Quitclaim Deed associated with the real property acquisition by donation from
Aeneas Valley Ranch, LLC, a Washington limited liability company.
Section 5: The City Council of the City of Palm Springs hereby acknowledges that
the City has accepted the donation of real property from Aeneas Valley Ranch, LLC, a
Washington limited liability company, with a stated fair market value of$200,000.
ADOPTED this 6th day of July, 2016.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 6, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
120