HomeMy WebLinkAbout6/15/2005 - STAFF REPORTS (13) V N
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Cq<�FOR��P City Council Staff Report
DATE: June 15, 2005 Consent Calendar
SUBJECT: CASE 5.0973-PD-287, APPROVAL OF A PROFESSIONAL SERVICES
CONTRACT IN THE AMOUNT OF $ 117,000, WITH LSA ASSOCIATES INC., FOR
THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR CASE NO
5.0973-PD, AN APPLICATION BY WESSMAN DEVELOPMENT FOR THE BOULDERS
PROJECT AND FOR CASE NO 5.0996-PD-294 (TTM 31766), AN APPLICATION BY
WESSMAN DEVELOPMENT FOR THE CRESCENDO PROJECT.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
At the direction of the City Council, staff requested proposals from qualified consultants
to prepare an environmental impact report (EIR) for the Boulders project.
Subsequently, the applicant for the Boulders project requested the Council to rescind its
approval of the applicant's Crescendo project as well and that the proposed agreement
for environmental services be expanded to evaluate both the Boulders and Crescendo
projects in a single EIR. The City received three responsive proposals and staff is
recommending the selection of LSA Associates, Inc. for the preparation of the EIR.
RECOMMENDATION:
1. Approve Resolution No. repealing Resolution No. 21191 of the City
Council and rescinding the approval of Case No. 5.0996-PD for Planned
Development District 294 (PD-294) and Tentative Tract Map 31766.
2. Approve Minute Order No. authorizing an agreement with LSA
Associates Inc., for the preparation of a joint Environmental Impact Report for Case
No. 5.0973-PD, an application by Wessman Development, for the development of
the Boulders project, and Case No. 5.0996-PD, an application by Wessman
Development for the Crescendo project, in the amount of$117,000.
3. Authorize the City Manager to execute all necessary and related documents for
the implementation of such actions.
ITEM NO. 2.J.
City Council Staff Report
June 15, 2005 -- Page 2
Boulders/Crescendo EIR contract
STAFF ANALYSIS:
The City has received an application for a tentative tract map and preliminary planned
development district for the development of 46 single family residences on 30.4 acres.
The Boulders project has resulted in controversy throughout the community.
The City Council had concerns about potential environmental impacts associated with
the Boulders project and directed staff to prepare a peer review of environmental
studies prepared for the project, including the areas of grading, noise and air quality.
Based upon the conclusions in a study previously submitted to the City Council
(commonly referred to as the "Eilar Report"), the applicant requested the City select a
qualified environmental consultant to prepare an EIR for the project.
In addition, the City Council approved the Crescendo project on Jaunary 19, 2005,
consisting of a planned development and tentative map for 79 single family residences
on 42.2 acres. The City has received correspondence on behalf of the applicant the
applicant requesting the City Council to rescind its approval of the Crescendo project
and combine the Crescendo and Boulders projects into a single EIR, because of
proximity, project design and other similar project characteristics. A copy of the letter
from the applicant's attorney is attached to this staff report for Council's information.
The City issued a request for proposals for preparation of an EIR. Four proposals were
received and three were deemed responsive.
LSA Associates, Inc. was selected by staff following review and evaluation of the
proposals, based on nine criteria. It was determined that LSA's scope of work was the
most responsive to the needs of the City Council. The proposal includes options for
studying a "Consensus" alternative, a new air quality study, a new noise study,
preparation of eight renderings, and a review of "Valley Fever". Staff is recommending
selection of all of these options. The scope of work anticipates 26 weeks to completion.
FISCAL IMPACT:
The contract will be structured as a pass-through agreement with Wessman
Development directly reimbursing the City for all expenditures related to the preparation
of the environmental impact report. As a result, there is no fiscal impact to the City.
Norm Canchola, Director of Planning Services David H. Ready, City Ma ,'r
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY PALM SPRINGS, CALIFORNIA, REPEALING
RESOLUTION NO. 21191 OF THE CITY COUNCIL
AND RESCINDING THE APPROVAL OF CASE NO,
5.0996-PD FOR PLANNED DEVELOPMENT
DISTRICT 294 (PD-294) AND TENTATIVE TRACT
MAP 31766.
The City Council of the City of Palm Springs finds:
A. On January 19, 2005, the City Council of the City of Palm Springs adopted
Resolution No. 21191, adopting a mitigated negative declaration and mitigation
monitoring program and approving Case No. 5.0996-PD for Planned
Development District 294 (PD-294) and Tentative Tract Map 31766 for the
construction of a 79 unit single family residential development located at 1000
West Racquet Club Drive.
B. The applicant for the project and entitlements described above has
requested that the entitlements be rescinded and that the City commence
processing of an environmental impact report on the application for the project
together with the environmental documentation that the applicant has requested
that the City prepare in conjunction with Case No. 5.0973-PD.
The City Council of the City of Palm Springs resolves:
1. Resolution No. 21191 is repealed and the approval of Planned
Development District 294 (PD-294) and Tentative Map 31766 is rescinded.
2. Nothing in this resolution shall be deemed a termination of the status of
the application for Case No. 5.0996-PD as a complete application for the
entitlements sought pursuant to such application. The application for Case No.
5.0996-PD shall be processed concurrently with the application for Case No. 5-
0973-PD and an environmental impact report shall be prepared to cover both
applications.
ADOPTED THIS _th day of , 2005.
David H. Ready, City Manager
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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
MINUTE ORDER NO.
APPROVING A CONTRACT, IN A FORMAT
ACCEPTABLE TO THE CITY ATTORNEY, WITH
LSA ASSOCIATES INC., FOR THE PREPARATION
OF A JOINT ENVIRONMENTAL IMPACT REPORT
FOR CASE NO 5.0973-PD, AN APPLICATION BY
WESSMAN DEVELOPMENT FOR THE BOULDERS
PROJECT AND CASE NO. 5.0996-PD-294 AN
APPLICATION BY WESSMAN DEVELOPMENT FOR
THE CRESCENDO PROJECT, IN AN AMOUNT NOT
TO EXCEED $117,000.
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving Agreement No. , a contract with LSA
Associates Inc. for the preparation of a joint environmental impact report for the
Boulders and Crescendo projects, in the amount of $117,000, was adopted by
the City Council of the City of Palm Springs, California, in a meeting thereof held
on the 15th day of June, 2005.
James Thompson, City Clerk
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
FIR FOR BOULDERS PROJECT
TABLE OF CONTENTS
1.0 INTRODUCTION.............................................................................................................1
2.0 BACKGROUND OF LSA.................................................................................................1
3.0 PROJECT UNDERSTANDING .......................................................................................3
4.0 SCOPE OF WORK: BOULDERS PROJECT...................................................................4
4.1 ALTERNATIVES DEVELOPMENT.......................................................................4
4.1.1 Existing Development Pattern Alternative....................................................4
4.1.2 "Consensus"Alternative Development(Optional).......................................5
4.2 TECHNICAL STUDIES.............................................................................................6
4.2.1 Existing Technical Studies............................................................................6
4.2.2 New Technical Studies..................................................................................7
Air Quality Study(Optional) ......................................................................................7
NoiseStudy(Optional).............................................................................................10
ValleyFever Analysis...............................................................................................11
4.3 PREPARE EIR..........................................................................................................12
4.3.1 Notice of Preparation(Optional)..................................................................13
4.3.2 Public Seeping Meeting.............................................................................. 13
4.3.3 Project Description/Alternatives Development...........................................13
4.3.4 Screencheck Draft FIR................................................................................14
4.3.5 Draft EIR.....................................................................................................16
4.3.6 Final EIR..................................................................................................... 17
4.4 PROJECT MANAGEMENT...................................................................................20
4.4.1 Quality Control............................................................................................21
5.0 CRESCENDO PROJECT................................................................................................22
6.0 SCHEDULE.....................................................................................................................22
7.0 BUDGET.........................................................................................................................25
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT
1.0 INTRODUCTION
LSA Associates, Inc. (LSA) is pleased to present this scope of work for the preparation of an
Environmental Assessment and EIR for the Boulders Project in the City of Palm Springs. We are
excited about continuing to work with the City of Palm Springs. This document describes our
scope of work, schedule and budget for this effort.
2.0 BACKGROUND OF LSA
LSA previously submitted its statement of qualifications for the City of Palm Springs; only a
short summary will be provided here. LSA is a diversified environmental,transportation, and
community-planning firm that evolved from a small consulting firm formed by Larry Seeman in
1976, then called Larry Seeman Associates. The firm was designed to meet the need for
environmental evaluation that resulted from the passage of the California Environmental Quality
Act(CEQA). In 1985,LSA formed an employee stock ownership program(ESOP) and is now a
100 percent employee owned company.
Since its founding, LSA has advanced from a small firm of a few biologists, archaeologists, and
environmental analysts to a full-service environmental consulting firm with ten offices,nine in
California and one in Colorado. The firm currently employs about 250 full-time employees. The
LSA staff includes experts in environmental analysis,transportation planning and engineering,
biology, wetlands, habitat restoration, natural resource management, geographic information
systems (GIS), community and land planning, archaeology,paleontology,noise impact
assessment, and air quality analysis.
We are recognized as innovators in the field of environmental impact assessment, and we have
developed a reputation among clients and professional peers in both the public and private sectors
as being thorough, innovative, and objective. To better serve our clients in the Coachella Valley,
LSA recently opened a full service office in the City of Palm Springs at 901 East Tahquitz
Canyon Way. LSA veteran Lyn Calerdine is the Managing Principal in the new facility.
LSA has over 28 years of experience with complex projects; preparing California Environmental
Quality Act(CEQA) and National Environmental Policy Act(NEPA) documents (i.e.,
Environmental Impact Reports/Environmental Impact Statements, Initial Studies/Environmental
Assessments, and Categorical Exemptions and Exclusions)has been a LSA core service since the
founding of the firm in 1976. We are thoroughly familiar with CEQA and NEPA processes for
development projects. This expertise includes coordination with local, State, federal, and other
governmental agencies,managing public participation programs, issuing necessary legal notices,
and incorporating the document into the overall planning process.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT
3.0 PROJECT UNDERSTANDING
The proposed project will entail preparing an EIR for the Boulders Project, a proposed upscale
residential development located in the northwest part of the City,near the Chino Cone. As an
option, the EIR may also address the Crescendo project located to the north of the Boulders
Project, along West Racquet Club.
The projects have been the subject of extensive public controversy,particularly in the adjacent
neighborhoods. The City has prepared a preliminary Mitigated Negative Declaration for the
Boulders Project, and certified a Mitigated Negative Declaration for the Crescendo Project.
The selected EIR consultant will need to be very flexible. Given the public controversy, we
understand that the issues are dynamic and can be expected to change; however, time is also of
the essence. LSA works best in such a flexible and challenging environment. LSA's Coachella
Valley office location and in-house capability for completing almost any requisite technical study
will ensure both creative solutions and timely project completion. We will also ensure that the
EIR is objective, unbiased, and meets applicable standards of the City of Palm Springs and the
California Environmental Quality Act(CEQA).
4.0 SCOPE OF WORK: BOULDERS PROJECT
The scope of work includes four sub-tasks: Alternatives Development, Technical Studies, EIR
preparation and project management. These are described below:
4.1 ALTERNATIVES DEVELOPMENT
The EIR will need to address a range of alternatives to the project, including a No Build
alternative. We suggest that the final range of alternatives be determined during the seeping
process. For purposes of establishing a budget and schedule,LSA has assumed that the following
alternative will be considered.
4.1.1 Existing Development Pattern Alternative
This alternative would extend the characteristics of the existing developments in the area into the
Boulders(and Crescendo) site. The existing streets(Milo, Janis,Vista, Palermo, Leonard)would
be extended southerly to cul-de-sac at the existing drainage at the southerly edge of the property.
New streets would match the characteristics of existing streets. Grading and lot creation would
follow existing patterns to the extent allowed tinder current City of Palm Springs codes. Lots
would not be necessarily flat graded; instead each lot would need to deal with the existing slope
within the lot area. This could be accomplished through multi-level home design(i.e., garages at
street level with the home above or below, lots with the backyard or front yard below the main
level of house, etc.). While the issue of"custom"vs. "tract"homes is not normally a CEQA
issue, the intent with this alternative is to adapt the individual home design to the lot,rather than
creating a flat lot where tract homes could be developed without lot customization.
LSA will prepare a conceptual plan for such an alternative for inclusion in the EIR. If the City
wishes to develop accurate estimates of the amount of cut and fill for such a project,then an
outside engineer would need to further develop the alternative.
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1.
LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT
4.1.2 "Consensus"Alternative Development(Optional)
LSA has worked on similar controversial projects in the past, and, in some cases, a"consensus
building" or"partnering"process has developed an alternative that proved acceptable to local
residents, the developer, and the local agency. If the City desires to use this process to develop an
alternative for the Boulders and/or Crescendo project, then LSA can arrange for a professional
facilitator to coordinate such a process. In the past,Mr. Calerdine has worked with Ms. Sharon
Browning and Ms. Sue Dyer and would recommend their services; the budget includes a lump-
suln estimate that is typical for such services.The precise scope of work and budget would be
dependent on the individual chosen and services required.
4.2 TECHNICAL STUDIES
4.2.1 Existing Technical Studies
LSA understands that the following studies are available and that the City finds them acceptable
for inclusion in the EIR, subject to technical review for acceptance by LSA:
• Traffic Study
• Cultural Resource Study
• Biological Resource Study
• Geotechnical Study
• Hydrology Study
• Hazardous Materials Study(excepting issues related to Valley Fever)
LSA will review each of the above studies for acceptability for use in the EIR. If deficiencies are
identified in the traffic, cultural resource,biological resources or hazardous material studies,then
LSA can update the studies using in-house staff(at additional cost to be determined by the extent
of deficiency). Any deficiencies with the geotechnical or hydrology studies would need to be
corrected by an engineer.
Note: We anticipate that the biological, cultural, and hazardous materials studies will be valid for
any new alternatives under consideration. This will also likely be true for the traffic, geotechnical
and hydrology studies. However, if additional work is required for these studies to address the
alternatives, we assume that the firms that prepared those studies will provide the City with an
update that addresses the new alternative.
4.2.2 New Technical Studies
Based upon our review of the documents provided by the City,LSA is proposing up to three new
technical studies for inclusion in the EIR:
Air Quality Study(Optional)
The previously prepared Draft Mitigated Negative Declaration relied on an Air Quality Report by
Hans Giroux Associates. The City has also obtained a peer review of this effort by Filer and
Associates,which identified several potential deficiencies in the original report. Either Hans
Giroux can prepare an updated study or LSA can prepare a new Air Quality Study.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JDNE 2005 CITY OF PALM SPRINGS
FIR FOR BOULDERS PROJECT
If directed by the City, LSA will prepare a new Air Quality Study that includes the original
information prepared by Giroux and addresses the concerns expressed in the Eiler Report.
Critical to this effort is resolve any discrepancies regarding the extent of simultaneous grading,
which was a primary concern raised in the Eiler report.
Note: hi many cases, Cities simply utilize the standard emissions significance criteria established
by the South Coast Air Quality Management District(SCAQMD), and, if the emissions exceed
the criteria after application of standard mitigation measures,the City prepares a Statement of
Overriding Considerations that includes the fact that emissions will exceed SCAQMD thresholds.
However, in a recent case regarding two proposed WalMarts in the Bakersfield area, the State
Court of Appeals found that a City that overrides air quality emissions must also address the
health effects resulting from any resulting contribution to a basin's failure to achieve State and
federal air quality standards. This ruling is under appeal,but could now be cited in any litigation
against a project where the lead agency overrides emission thresholds. As such, LSA
recommends that the City and the developer work together to develop an Air Quality Mitigation
Plan that will ensure that the project will not exceed SCAQMD thresholds during grading.
The project may affect local and regional air quality environment during the construction and
operations phases.
The Construction analysis will focus on emissions from construction vehicles, grading and
construction worker vehicles accessing the site, as well as the impacts of the rock crusher.
Emissions will be calculated using standard modeling techniques; however, special attention will
be paid to the large lot sizes in the overall grading plan. The unmitigated emissions will be
compared the SCAQMD emission thresholds to determine the unmitigated project emissions.
Standard SCAQMD and City Palm Springs mitigation measures will then be applied to the
project, and the revised emissions will be calculated and compared to the thresholds. If emissions
still exceed any SCAQMD threshold, LSA will work with the City to determine if additional
mitigation is feasible.
The Operations analysis will focus on the emissions from vehicles accessing the project after
completion. This analysis has two components: a local and regional analysis. In this case,the
small scale of the project(approximately 56 homes)is unlikely to cause any threshold to be
exceeded.
The local analysis will focus on emissions at the intersections near the project. The pollutant of
concern at local intersections is Carbon Monoxide (CO), and emissions rise as congestion and
vehicular volumes increase. Using standard models, LSA will estimate CO concentrations at up
to three intersections(the intersections with the highest total traffic volumes). Based upon our
professional experience,we do not expect that CO standards will be exceeded.
The regional analysis will look at emissions that may increase overall smog levels such as
reactive organic gasses(ROG) and Nitrogen Oxides(NOX). These pollutants combine in the
atmosphere to create ozone and photochemical smog. The ROG and NOX emissions are
proportionate to the number of new vehicle trips related to a project. The emissions from the
project,based on trip generation,will be compared to the SCAQMD standards. If such emissions
are less than the standards (as anticipated)then the analysis is complete at that point. If the
thresholds are exceeded,then LSA will work with the developer and the City to identify potential
mitigation measures for incorporation into the project design that would bring the project under
the thresholds.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
.TUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT'
Noise Study(Optional)
The previously prepared Draft Mitigated Negative Declaration relied on a Noise Report by Hans
Giroux Associates. The City has also obtained a peer review of this effort by Eiler and
Associates, which identified several potential deficiencies in the original report. Either Hans
Giroux can prepare an updated study or LSA can prepare a new Noise Study.
If directed by the City,LSA will prepare a new Noise Study that includes the original information
prepared by Giroux and addresses the concerns expressed in the Eiler Report.
Based on the results of the traffic study,the project design and,where appropriate,previous
efforts prepared by Hans Giroux,LSA will prepare an updated noise analysis to determine if the
local noise environment will be adversely affected by the project, during both the project
construction and operational (project completed)phases.
The Construction analysis will estimate the noise generated during the construction phase that
result from construction equipment(bulldozers, scrapers,rock crusher,etc.). Typical mitigation
measures include limiting construction hours and ensuring that construction vehicles are properly
muffled. In addition, staging areas may be recommended to be located away from existing
residential uses.
The Operations analysis will focus on the impacts of the project after completion. The project
will cause traffic increases along portions of the adjacent street system. Such volumes could
potentially increase noise volumes to levels in excess of City and State standards, and the analysis
will determine if such standards are exceeded. Based on professional experience,we do not
expect any impacts along such streets because the traffic volume increase, in percentage terms, is
likely to be relatively small.
Any requisite mitigation measures, such as additional setbacks or new noise buffers, will be
identified to remedy any exceedance of standards due to the project.
Valley Fever Analysis
Residents adjacent to the proposed project have expressed concern that grading operations for the
project may cause an increase in the incidence of"Valley Fever." Valley Fever is cause by a
fungus that lives in the soil and produces spores daring wet conditions. After the soil dries, the
spores may be distributed by dust storms, close contact with the soil, agricultural or construction
grading. While many persons are not affected by the fungus, other individuals may develop a
very serious disease from an infection. Valley fever is particularly prevalent in California's
Central Valley and Arizona areas,but may also be present in the Coachella Valley. Persons with
compromised immune systems may be particularly susceptible.
In preparing this proposal, LSA staff has completed a preliminary literature review regarding this
topic. To date,we have not discovered any scientific analysis of the direct effects of construction
grading on the incidence of Valley Fever,nor have we identified any standards that would be
applicable. It must also be noted that no existing direct correlation between specific construction
projects and specific increases in the incidence of Valley Fever have been identified in our
research, and that any concern about Valley Fever and the Boulders Project would likely extend
to any grading project in the Coachella Valley and possibly in Southern California.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT
To complete this task,LSA will finish its literature search, contact centers of excellence regarding
Valley Fever, and document the opinions that have raised this issue. These will be summarized in
a technical report that summarizes the available data.
LSA suggests to the City that the report be submitted to the Riverside County Department of
Environmental Health for their final determination of the significance of the issue.
LSA will prepare the EIR for the project based upon the data provided to LSA by City staff, and
other publicly available data. The EIR will be prepared consistent with the CEQA Guidelines and
City of Palm Springs standards for preparation of EIRs.
The following provides a preliminary scope of work for the preparation of the EIR.
4.3 PREPARE EIR
4.3.1 Notice of Preparation (Optional)
LSA assumes that the City Staff will prepare and file the Notice of Preparation(NOP)based upon
the previously prepared Initial Study. If requested,LSA can prepare the NOP for review and
approval by the City, and, once approved, file it with the State Clearinghouse
Output: Notice of Preparation(Optional)
4.3.2 Public Scoping Meeting
LSA will attend one public seeping meeting during the 30-day public review period on the NOP.
It is assumed the City will arrange the public seeping meeting(time and place) and publish the
seeping meeting announcement in the newspaper.The purpose of this meeting will be to provide
the public the opportunity to have input into the proposed content of the EIR. The meeting will
also provide both LSA and the City the opportunity to explain the proposed project, expand on
the alternatives, and answer questions as necessary.
Output: Attend one public scoping meeting to receive public input on the content of the EIR.
4.3.3 Project Description/Alternatives Development
LSA will prepare a draft project description describing the proposed project and alternatives to be
evaluated in the EIR. In addition, a detailed narrative of the project description will discuss
project objectives, geographical setting, and related projects. Each of the requirements in CEQA
for an EIR project description will be included in this section, which will be provided to City staff
for review prior to completion of the Screencheck Draft EIR.
Output: Draft project and alternatives description for City review prior to substantial
investment of time and project cost in analyzing the proposed project.
Optional Task: If requested by the City,LSA can prepare before and after renderings of the
project from selected viewpoints.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT
4.3.4 Screencheck Draft EIR
Note: Many EIRs in California consider only the"Project"and"No Project"alternatives in the
main body of the EIR; other alternatives are often relegated to a separate chapter. In LSA's
experience with controversial projects, it is advisable to carry one or more alternatives fully
through the environmental analysis, and directly compare its impacts to the build and no-build
alternatives in each environmental category. Such a direct comparison of alternatives builds
public trust in the document.
LSA will analyze the environmental consequences of the proposed project and alternatives for
those topics of focus identified in the Initial Study. This analysis will consist of the following
tasks:
• Evaluation and analysis of specific characteristics of the project area as they affect and
will be affected both directly and indirectly by the proposed project and alternatives.
• Assessment of the environmental impacts that will be created by the proposed project
based on established thresholds of significance.
• Graphic depiction of environmental and planning factors and their relation to the
proposed project and their implementation.
• Formulation of specific implementable, mitigation measures that can be effectively
monitored during subsequent development.
• Analysis of the level of significance of project impacts after the application of mitigation
measures.
• The potential growth inducing aspects of the project will be discussed.
• The following CEQA-mandated topics will be addressed:
• Any significant irreversible environmental changes that would be involved in the
proposed action should it be implemented.
• Unavoidable adverse impacts.
• Cumulative impacts of the proposed project.
• Additional Alternatives Considered and Rejected: In addition to the Alternatives that
were addressed in the topical sections, any additional alternatives that were considered by
the City but rejected as infeasible under CEQA will be described.
To the extent feasible,LSA will utilize the information contained in the Initial Study as prepared
by the City.
These work efforts will be compiled into a Screencheck Draft EIR, along with analysis of topical
issues required by CEQA, an introduction, and project description.
Output: Five copies of the Screencheck Draft EIR for City review(Electronic Transmission
of documents is preferred).
4.3.5 Draft EIR
Following review by the City of the Screencheck Draft EIR,modifications to the Screencheck
Draft EIR will be made by LSA. Once the City approves the document, a Draft EIR and Notice of
Completion(NOC)will be prepared and submitted to the City. LSA will distribute the Draft EIR
to the State clearinghouse and public based on a mailing list prepared by LSA with input from the
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
FIR FOR BOULDERS PROJECT
City. One camera-ready copy will be provided to the City for future copying needs. The
document will also be provided on CD-ROM in PDF format. Note: LSA will provide three hard
copies of any technical appendices; all copies of the Draft EIR will also contain the appendices on
a CD in PDF format.
Output: Preparation and distribution of up to 40 copies and 1 camera-ready copy, 1 CD-ROM
copy of the Draft EIR, and 3 copies of the technical appendices.
4.3.6 Final EIR
The Final EIR will include the Draft EIR; technical appendices; letters of comments and
responses on the Draft EIR; Mitigation Monitoring Program; Facts and Findings; Statement of
Overriding Considerations; and the City Council's Resolution certifying the EIR and approving
the proposed project.
Response to Comments. At the close of the public review period for the Draft EIR, LSA will
meet with City staff to review any comments on the Draft EIR that were received, and to discuss
potential responses to these comments.
LSA will then formulate responses to the comments on the Draft EIR. Once draft responses to
comments are completed, they will be submitted to City staff for review and comment. The City's
comments will be incorporated into the response to comments document,which will be submitted
to the City as an appendix in the Final EIR for use in public hearings.
Note: The extent of public comment is impossible to forecast at this time. LSA has budgeted a
fixed number of hours for preparing the responses; we will review the budget for responses with
the City once all the comment letters have been received.
Output: Preparation of draft responses to all comments on the Draft EIR that were received
during the public review period for City staff review;revised responses to comments
based on City comments.
Mitigation Monitoring Program. Prior to Planning Commission hearings on the proposed
project and EIR, LSA will prepare a mitigation monitoring plan,including monitoring forms,to
assist the City in implementing the mitigation measures contained in the EIR.
Output: A mitigation monitoring program to ensure the implementation of EIR mitigation
measures, meeting applicable CEQA and local requirements.
Screencheck Final EIR. LSA will prepare a Screencheck Final EIR that includes the Draft EIR,
Response to Comments, and the Mitigation Monitoring Program for City review and comment.
Note: After consultation with the City,LSA may determine that the project interest would be best
served by preparing a Final EIR text document that incorporates any changes from the Draft EIR.
Such Final EIR preparation would avoid future confusion.
Output: Prepare a Screencheck Final EIR for City review(3 copies).
Administrative Record Final EIR. Prior to Planning Commission action on the EIR,the
findings and statement will be incorporated into the Final EIR. The Final EIR will also include
the Administrative Record. It is assumed that the City's legal counsel will prepare the findings
and statement of overriding considerations.
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT
Output: Planning and environmental findings needed for Planning Commission and City
Council actions on the proposed amendments. (50 copies of Final EIR, and 1 camera
ready and 1 CD-ROM copy of the Administrative Final EIR.)
Public Hearings
This proposal assumes two presentations to the Planning Commission and two before the City
Council.Additional public hearings will be attended on a per meeting basis.
Output: Attendance at public hearings,including presentations as needed.
Budget Assumptions
• The cost and scope of work assumes the City will publish and post all legal notices including
the Notice of Preparation and Notice of Completion and all public hearings for the project.
• The City will prepare the findings and statement of overriding considerations, if necessary.
• LSA has assumed four meetings with City Staff,two public hearings each before the
Planning Commission and City Council, and one scoping meeting. All other meetings will be
attended on a time and materials basis in accordance with LSA standard rates provided in this
proposal.
4.4 PROJECT MANAGEMENT
LSA will work closely with the City to ensure that project can be delivered in a timely manner.
In addition, LSA can provide recommendations on project approval strategies, if requested. In
addition, the work program is intended to ensure the smooth functioning of the EIR process by
maintaining open communications with the City.
Maintain Close Contact with City Staff. LSA will maintain continuous liaison with the City
and will participate in regular meetings to monitor progress and receive input.
Monthly Status Reports: LSA will provide the City with monthly status reports.
Output: Ongoing coordination between the City staff and monthly status reports.
4.4.1 Quality Control
LSA's philosophy is to provide the highest quality professional services. LSA manages quality
throughout the life of the project,not merely at the end of the project. LSA's overall goal is to
improve quality on each subsequent project. This goal requires implementation of strategies to
assure quality at the beginning of each project, and carry it throughout a project and beyond.
Specific quality management tasks include the following:
• Assigning the most appropriate Project Manager, and assuring his or her availability
throughout the project.
• Having the LSA Project Manager and the City's Project Manager systematically review the
work program to assure that both have clear understanding of project definition and scope of
work.
• Assigning a project team with experience on similar projects, and coordinating with task
managers to ensure staffing availability.
C.\Documents and SettingsWexM\Local Settings\Temporary Intemel Files\OLK6\Proposal.doc6/10/2005 9
LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT
• Reviewing all work to be performed and ensuring that significant impacts on external
agencies are identified.
• Assuring that applicable City and State standards,policies, and procedures are jointly
understood by project team members.
• Assuring timely delivery of project documents.
• Assuring quality of preliminary work products and cost estimates, and timely delivery at
lowest cost.
• Reviewing project status with the City at regular project intervals,to assure implementation
of the original scope of work and harmonious functioning of all team mernbers.
• Identifying any potential conflicts due to changes in scope.
• Reviewing performance with the City's Project Manager to make any adjustments required
for successful project completion and determining improvements for future projects.
5.0 CRESCENDO PROJECT
As an option, the EIR will also address the Crescendo Project in the same EIR. The issues on the
two projects are similar.
6.0 SCHEDULE
The schedule is dependent on a number of factors including:
• The development of any project alternatives
• The time of issuance of the Notice of Preparation
• The availability of staff time to review the Screencheck EIR
• Extent of comments received on the Draft EIR
• The availability of staff to review and approve the EIR contents.
LSA can commit to completing the Screencheck Draft EIR within four to six weeks of the
completion of the project description, and within four weeks of the completion of any requisite
technical studies.
Assuming that the NOP is issued on May 15, 2005, and no lengthy technical studies are required,
the following schedule is feasible.
Action Date
Contract Notice to Proceed May 1, 2005
Alternatives Description Completed May 15, 2005
NOP Issued May 15,2005
Screencheck EIR to City June 15,2005
Staff Comments to Consultant June 21, 2005
Draft EIR Issued for Public Review July 1,2005
Close of Comments August 15, 2005
Consultant Submits Response to Comments September 1,2005
Staff Approves Final EIR September 15,2005
First Planning Commission Meeting First Week of September 2005
Planning Commission Meeting(2) Third Week of September 2005
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LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
FIR FOR BOULDERS PROJECT
City Council Meetings October 2005
EIR Certification October 2005 J
We will work pro-actively with the City to develop a final schedule that meets the City's
requirements.
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LSA ASSOCIATES, INC PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
EIR FOR BOULDERS PROJECT
7.0 BUDGET
The following table provides the budget estimate by task along with the estimated costs of
optional tasks.
Task Cost
Alternatives Development(1) $4,000
Valley Fever Analysis $4,000
Screencheck EIR Preparation $20,000
Draft EIR Preparation $4,000
Draft EIR Publication $2,000
Final EIR and Mitigation Monitoring Program $8,000
Total Baseline Tasks $42,000
Optional Tasks
Consensus Alternative Development $10,000 (estimated, will required consultation
with consultant)
Air Quality Report $6,000
Noise Report $6,000
Notice of Preparation $3,000
Renderings $1,500 each
Crescendo Project Add 50%to Costs($21,000 to Baseline;
assumes both Projects included in the same
EIR).
The proposed baseline budget for the Boulders work effort listed is $42,000; Additional meetings
would be billed on a time and material basis. Mr. Calerdine's billing rate is $150/hour; Mr.
Blount's billing rate is $115/hour. LSA's standard billing rates are given on the next page:
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�A��J
LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL SERVICES
JUNE 2005 CITY OF PALM SPRINGS
FIR FOR BOULDERS PROJECT
Job Classification
* Hourly Rate
Planning Environmental Cultural Resources Biology CIS Range
Principal Principal Principal Principal Principal $120-225
Associate Associate Associate Associate Associate $75—I60
Senior Planner Senior Senior Cultural Senior Biologist/ Botanist/ Senior GIS $75-160
Environmental Resource Manager Wildlife Biologist/ Specialist
Planner Ecologist/Soil Scientist/
Herpetologist/Arborist
Planner Environmental Cultural Resource Biologist/Botanist/ GIS Specialist $50-125
Planner Manager Wildlife Biologist/
Ecologist/Soil Scientist/
Herpetologist/Arborist
Assistant Planner Assistant Cultural Resource Assistant Biologist/ Assistant GIS S 40-85
Environmental Analyst Botanist/Wildlife Specialist
Planner Biologist/Ecologist/Soil
Scientist/Herpetologist/
Arborist
Office Services
Research $25-50
Assistant/Technician
Graphics $70-100
Office Assistant $40-75
Word Processing $60-85
The hourly rate for work involving actual expenses in court,giving depositions or similar expert testimony,will be billed at$250
per hour regal dless of job classifications.
C:\Documents and SetHugs\AlexM\Local Settings\Temporary Internet Files\OLK6\Proposal.doc6/10/2005 13
April 11, 2005
Gary Wayne, Planning Department
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92263
Subject: Proposal to Prepare Environmental Impact Report(EIR)for
Proposed Boulders Project
Dear Gary:
LSA Associates, Inc. (LSA)is pleased to provide the City of Pahn Springs with a scope of work and
cost estimate to provide the EIR for the proposed"Boulders Project". I look forward to continuing to
work with the City of Palm Springs.
Sincerely,
LSA ASSOCIATES,INC.��"J f
Lyndon T. Calerdine
Principal
Cc: Alex Meyerhoff, Planning Department, City of Palm Springs (with Attachments)
Attachment: Scope of Work
G arwr'T.:F
Gary Wayne
Planning Department
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Subject: Addendum to Proposal to Prepare Environmental Impact Report(EIR)for
Proposed Boulders Project
Dear Gary:
LSA Associates, Inc. (LSA) is pleased to provide the following additional information to the City of
Patin Springs regarding the scope of work and cost estimate on the EIR for the proposed"Boulders
Project." Per my discussion with Alex Meyerhoff, the following additions are made to the proposed
scope of work dated April 7, 2005:
1. Preparation of the Notice of Preparation:
At the request of the City,LSA will prepare a draft Notice of Preparation (NOP) for circulation to
State Office of Planning and Research as well as individuals and agencies on the City's distribution
list. The NOP will include that formal NOP form as well as an Initial Study that highlights the issues
to be addressed in the EIR. Since the decision has already been made to prepare an EIR, we suggest
that the Initial Study defer most analysis to the EIR itself.
2. Preparation of Candidate Findings of Fact and Statement of Overriding Considerations (If
Necessary)
LSA's practice in the preparation of EIRs is, for each environmental topic, to clearly identify the:
a) Applicable Standard of Significance
b) hnpacts of the Project as Compared to the Identified Standard
c) Mitigation Measures Proposed to Reduce the Project Impact to Below a Level of Significance
(If feasible).
d) Remaining Impacts of the Projects that Cannot Be Mitigated
Each impact is numbered, along with the corresponding mitigation measure(s). The impacts,
mitigation measures, and level of significance after mitigation are then summarized in tabular form in
Chapter 2 of the EIR. The table makes preparation of the findings and statement of overriding
considerations straight-forward, as well as legally defensible.
At the request of the City, LSA will prepare the CEQA required Findings of Fact, along with any
corresponding Statement of Overriding Considerations based upon the above table. We request that
the City provide LSA with an example of the format of these documents that they would prefer.
3. Valley Fever
The April 7 proposal indicates that LSA will contact"centers of excellence"regarding the science of
Valley Fever. To clarify,these contacts will include the Valley Fever Center at the University of
Arizona, the National Institute of Health,the Riverside County Health Department, as well as any
other credible sources identified in the literature search.
4. OBudget Revisions
Item 1) above is estimated to cost$2500; Item 2) is estimated to cost$2500; Item 3) is a clarification
of the scope and does not increase the budget.
I look forward to continuing to work with the City of Palm Springs.
Sincerely,
LSA ASSOCIATES,INC.
Lyndon T. Calerdine
Principal
Cc: Alex Meyerhoff,Planning Department, City of Palm Springs
,CIV ��
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this day of , 2005, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City") and LSA Associates, Inc., (herein
"Contractor"). (The term Contractor includes professionals performing in a consulting
capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the"Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services
may be referred to herein as the"services"or"work" hereunder. As a material inducement
to the City entering into this Agreement, Contractor represents and warrants that
Contractor is a provider of first class work and services and Contractor is experienced in
performing the work and services contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be of good
quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest
professional standards"shall mean those standards of practice recognized by one or more
first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the
Contractor's proposal or bid which shall be incorporated herein by this reference as though
fully set forth herein. In the event of any inconsistency between the terms of such proposal
and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of
the City and any Federal, State or local governmental agency having jurisdiction in effect at
the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at
its sole cost and expense such licenses, permits and approvals as may be required by law
for the performance of the services required by this Agreement. Contractor shall have the
sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and
interest, which may be imposed by law and arise from or are necessary forthe Contractor's
performance of the services required by this Agreement, and shall indemnify, defend and
hold harmless City against any such fees, assessments,taxes penalties or interest levied,
assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants
that Contractor(a) has thoroughly investigated and considered the scope of services to be
. :a
performed, (b) has carefully considered how the services should be performed, and (c)fully
understands the facilities, difficulties and restrictions attending performance of the services
under this Agreement. If the services involve work upon any site, Contractor warrants that
Contractor has or will investigate the site and is or will be fully acquainted with the
conditions there existing, prior to commencement of services hereunder. Should the
Contractor discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Contractor shall immediately inform the City of
such fact and shall not proceed except at Contractor's risk until written instructions are
received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment,
materials, papers, documents, plans, studies and/or other components thereof to prevent
losses or damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use
reasonable care and diligence to perform their respective obligations under this
Agreement. Both parties agree to act in good faith to execute all instruments, prepare all
documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the
service of the other.
1.8 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work
beyond that specified in the Scope of Services or make changes by altering, adding to or
deducting from said work. No such extra work may be undertaken unless a written order is
first given by the Contract Officer to the Contractor, incorporating therein any adjustment in
(i)the Contract Sum, and/or(ii)the time to perform this Agreement,which said adjustments
are subject to the written approval of the Contractor. Any increase in compensation of up
to five percent (5%) of the Contract Sum or $25,000, whichever is less, or in the time to
perform of up to one hundred eighty (180) days may be approved by the Contract Officer.
Any greater increases, taken either separately or cumulatively must be approved by the
City Council. It is expressly understood by Contractor that the provisions of this Section
shall not apply to services specifically set forth in the Scope of Services or reasonably
contemplated therein.
1.9 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special
Requirements"attached hereto as Exhibit"B"and incorporated herein by this reference. In
the event of a conflict between the provisions of Exhibit"B"and any other provisions of this
Agreement, the provisions of Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
the Contractor shall be compensated in accordance with the"Schedule of Compensation"
„lt, l
E. •-)
attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding
the maximum contract amount of Dollars,
($ ) (herein "Contract Sum"), except as provided in Section 1.8. The method of
compensation may include: (i) a lump sum payment upon completion, (ii) payment in
accordance with the percentage of completion of the services, (iii) payment for time and
materials based upon the Contractor's rates as specified in the Schedule of Compensation,
but not exceeding the Contract Sum or(iv) such other methods as may be specified in the
Schedule of Compensation. Compensation may include reimbursement for actual and
necessary expenditures for reproduction costs,telephone expense,transportation expense
approved by the Contract Officer in advance, and no other expenses and only if specified
in the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the City; Contractor
shall not be entitled to any additional compensation for attending said meetings.
Contractor hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Contractor
anticipates, that Contractor shall not be entitled to additional compensation therefore, and
the provisions of Section 1.8 shall not be applicable for such services.
2.2 Method of Payment. Unless some other method of payment is
specified in the Schedule of Compensation, in any month in which Contractor wishes to
receive payment, no later than the first (1 st)working day of such month, Contractor shall
submit to the City in the form approved by the City's Director of Finance, an invoice for
services rendered prior to the date of the invoice. Except as provided in Section 7.3, City
shall pay Contractor for all expenses stated thereon which are approved by City pursuant
to this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached
hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested
by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer, but not exceeding one
hundred eighty (180) days cumulatively.
3.3 Force Maieure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Contractor, including, but not restricted to, acts of God
or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any
governmental agency, including the City, if the Contractor shall within ten (10)days of the
commencement of such delay notify the Contract Officer in writing of the causes of the
delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event
shall Contractor be entitled to recover damages against the City for any delay in the
performance of this Agreement, however caused, Contractor's sole remedy being
extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the
services but not exceeding one (1)yearfrom the date hereof, except as otherwise provided
in the Schedule of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor
are hereby designated as being the principals and representatives of Contractor authorized
to act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
Lyndon T. Calerdine, Principal
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing principals were a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principals shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to personally
supervise the services hereunder. For purposes of this Agreement, the foregoing
principals may not be replaced nor may their responsibilities be substantially reduced by
Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the
services and the Contractor shall refer any decisions which must be made by City to the
Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this Agreement.
4.3 Prohibition Aqainst Subcontractinq or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Contractor
shall not contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated
or encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. Transfers restricted hereunder shall
include the transfer to any person or group of persons acting in concert of more than
twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including any bankruptcy proceeding,this Agreement shall be void. No approved
transfer shall release the Contractor or any surety of Contractor of any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities
with offices located within the jurisdictional boundaries of the City of Palm Springs and, if
none are available, to persons or entities with offices located in the Coachella Valley
("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award
subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the
work required. In requesting for the City to consent to a subcontract with a person or entity
that is not a Local Subcontractor,the Contractor shall submit evidence to the City that such
good faith efforts have been made or that no Local Subcontractors are qualified to perform
the work. Said good faith efforts may be evidenced by placing advertisements inviting
proposals or by sending requests for proposals to selected Local Subcontractors. The City
may consider Contractor's efforts in determining whether it will consent to a particular
subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all
contracts and subcontracts hereunder for the period specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein,except as otherwise set forth herein. City
shall have no voice in the selection, discharge, supervision or control of Contractor's
employees, servants, representatives or agents, or in fixing their number, compensation or
hours of service. Contractor shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. Contractor shall not at anytime
or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to
be a partner of Contractor in its business or otherwise or a joint venturer or a member of
any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole
cost and expense, in a form and content satisfactory to City, during the entire term of this
Agreement including any extension thereof, the following policies of insurance:
(a) Commercial General Liabilitv Insurance. A policy of commercial
general liability insurance written on a per occurrence basis with a combined single
limit of a least $1,000,000 bodily injury and property damage including coverages
for contractual liability, personal injury, independent contractors, broad form
property damage, products and completed operations. The Commercial General
Liability Policy shall name the City of Palm Springs as an additional insured in
accordance with standard ISO additional insured endorsement form CG2010(1185)
or equivalent language. The Commercial General Liability Insurance shall name the
City, its officers, employees and agents as additional insured.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory
requirements of the State of California and which includes $1,000,000 employer's
liability.
(c) Business Automobile Insurance. A policy of business
automobile liability insurance written on a per occurrence basis with a single limit
liability in the amount of$1,000,000 bodily injury and property damage, Said policy
shall include coverage for owned, non-owned, leased and hired cars.
(d)Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit "B".
All of the above policies of insurance shall be primary insurance. (Reference Section
5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution
it may have against the City, its officers, employees and agents, and their respective
insurers. In the event any of said policies of insurance are canceled, the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in conformance with this
Section 5.1 to the Contract Officer. No work or services under this Agreement shall
commence until the Contractor has provided the City with Certificates of Insurance,
endorsements or appropriate insurance binders evidencing the above insurance coverages
and said Certificates of Insurance, endorsements, or binders are approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed
as limiting in any way the extent to which the Contractor may be held responsible for the
payment of damages to any persons or property resulting from the Contractor's activities or
the activities of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 4.3 of this Agreement the contract between the Contractor and such subcontractor
shall require the subcontractor to maintain the same polices of insurance that the
Contractor is required to maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless
from, any and all actions, suits, claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may
be asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent
acts or omissions of Contractor hereunder, or arising from Contractor's negligent
performance of or failure to perform any term, provision, covenant or condition of this
Agreement, but excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its officers, agents or employees, who are directly responsible to
the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal
costs and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay anyjudgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of orfailure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractorfor such damages
or other claims arising out of or in connection with the negligent performance of orfailure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay
to the City, its officers, agents or employees, any and all costs and expenses incurred by
the City, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance
of this Agreement, unless such requirement is waived by the Contract Officer. The bond
shall contain the original notarized signature of an authorized officer of the surety and
affixed thereto shall be a certified and current copy of his power of attorney. The bond
shall be unconditional and remain in force during the entire term of the Agreement and
shall be null and void only if the Contractor promptly and faithfully performs all terms and
conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in
California, rated "A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register, unless such requirements are waived by the City
Manager or designee of the City ("City Manager") due to unique circumstances. In the
event the City Manager determines that the work or services to be performed under this
Agreement creates an increased or decreased risk of loss to the City, the Contractor
agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 5 may be changed accordingly upon receipt of written notice from
the City Manager or designee; provided that the Contractor shall have the right to appeal a
determination of increased coverage by the City Manager to the City Council of City within
ten (10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the
Contract Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the
City is greatly concerned about the cost of work and services to be performed pursuant to
this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of
any facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the work or services contemplated herein or, if Contractor is providing
design services, the cost of the project being designed, Contractor shall promptly notifythe
Contract Officer of said fact, circumstance,technique or event and the estimated increased
or decreased cost related thereto and, if Contractor is providing design services, the
estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep,
such books and records as shall be necessary to perform the services required by this
Agreement and enable the Contract Officerto evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period
of three (3) years following completion of the services hereunder, and the City shall have
access to such records in the event any audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of
City and shall be delivered to City upon request of the Contract Officer or upon the
termination of this Agreement, and Contractor shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights of ownership
of the documents and materials hereunder. Any use of such completed documents for
other projects and/or use of uncompleted documents without specific written authorization
by the Contractor will be at the City's sole risk and without liability to Contractor, and the
City shall indemnify the Contractor for all damages resulting therefrom. Contractor may
retain copies of such documents for its own use. Contractor shall have an unrestricted
right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event
Contractorfails to secure such assignment, Contractor shall indemnify Cityfor all damages
resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services
under this Agreement shall not be released publicly without the prior written approval of the
Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted
both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or
in relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and Contractor
covenants and agrees to submit to the personal jurisdiction of such court in the event of
such action.
7.2 Disputes. In the event of any dispute arising under this Agreement,
the injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefor. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such defaultwithin ten (10)days of service of
such notice and completes the cure of such default within forty-five (45)days after service
of the notice, or such longer period as may be permitted by the injured party; provided that
if the default is an immediate danger to the health, safety and general welfare, such
immediate action may be necessary. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to any legal
action, and such compliance shall not be a waiver of any party's right to take legal action in
the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from
any amount payable to Contractor (whether or not arising out of this Agreement) (i) any
amounts the payment of which may be in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all
amounts for which City may be liable to third parties, by reason of Contractor's acts or
omissions in performing orfailing to perform Contractor's obligation underthis Agreement.
In the event that any claim is made by a third party, the amount or validity of which is
disputed by Contractor, or any indebtedness shall exist which shall appearto be the basis
for a claim of lien, City may withhold from any payment due, without liability for interest
because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by
a nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights
and remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different times,
of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default,to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
7.7 Liquidated Damaqes. Since the determination of actual damages for
any delay in performance of this Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, the Contractor and its sureties shall
be liable for and shall pay to the City the sum of ($ ) as liquidated
damages for each working day of delay in the performance of any service required
hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may
withhold from any monies payable on account of services performed bythe Contractor any
accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at anytime,
with or without cause, upon thirty(30)days'written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter
time as may be determined by the Contract Officer. In addition, the Contractor reserves
the right to terminate this Agreement at any time upon, with or without cause, upon sixty
(60)days'written notice to City, except that where termination is due to the fault of the City,
the period of notice may be such shorter time as the Contractor may determine. Upon
receipt of any notice of termination, Contractor shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except
where the Contractor has initiated termination, the Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of
termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has
initiated termination, the Contractor shall be entitled to compensation only for the
reasonable value of the work product actually produced hereunder. In the event of
termination without cause pursuant to this Section, the terminating party need not provide
the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the
failure of the Contractor to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take overthe work and prosecute the same
to completion by contract or otherwise, and the Contractor shall be liable to the extent that
the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attornevs' Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's
fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party
entitled to attorney's fees shall be entitled to all other reasonable costs for investigating
such action, taking depositions and discovery and all other necessary costs the court
allows which are incurred in such litigation. All such fees shall be deemed to have accrued
on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the
event of any default or breach by the City or for any amount which may become due to the
Contractor or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or
the financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor
warrants that it has not paid or given and will not pay or give any third party any money or
other consideration for obtaining this Agreement.
8.3 Covenant Aqainst Discrimination. Contractor covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,that
there shall be no discrimination against or segregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request,document, consent, approval,or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by prepaid,first-class mail, in
the case of the City, to the City Manager and to the attention of the Contract Officer, CITY
OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of
the Contractor, to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change
of address in writing. Notice shall be deemed communicated at the time personally
delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this
Section.
9.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf
of the parties hereto warrant that (i) such party is duly organized and existing, (ii)they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this Agreement,
and (iv) the entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound.
(SIGNATURES ON NEXT PAGES)
('A5 1a'9Fn-
CONTRACTOR: LSA Associates, Inc. Check one:_Individual_Partnership_Corporation
901 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Corporations require two notarized signatures,one from A and one from B: A.Chairman of Board,President,or any Vice
President: and B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By: By:
Signature(notarized) Signature (notarized)
Name: Name:
Title: Title:
Address: Address:
State of }
State of } County of }ss
County of }ss
On before me, On before me,
personally appeared personally appeared
personally known to me(or proved to me on the basis of personally known to me(or proved to me on the basis of
satisfactory evidence) to be the person(s) whose satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by in his/her/their authorized capacity(ies), and that by
his/her/theirsignature(s)on the instrument the person(s), his/her/theirsignature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, or the entity upon behalf of which the person(s) acted,
executed the instrument. executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Notary
Signature: Signature:
Notary Seal: Notary Seal:
EXHIBIT "A"
SCOPE OF SERVICES
1. Preparation of the Notice of Preparation:
LSA shall prepare a draft Notice of Preparation (NOP) for circulation to State Office of
Planning and Research as well as individuals and agencies on the City's distribution list.
The NOP will include that formal NOP form as well as an Initial Study that highlights the
issues to be addressed in the EIR. Notice of Preparation
Output: Notice of Preparation
2.1 Alternatives Development
EIR shall address a range of alternatives to the project, including a No Build alternative.
The final range of alternatives will be determined during the scoping process. The
following alternative will be considered.
2.1.1 Existing Development Pattern Alternative
This alternative shall extend the characteristics of the existing developments in the area
into the Boulders (and Crescendo) site. The existing streets (Milo, Janis, Vista, Palermo,
Leonard) would be extended southerly to cul-de-sac at the existing drainage at the
southerly edge of the property. New streets would match the characteristics of existing
streets. Grading and lot creation would follow existing patterns to the extent allowed under
current City of Palm Springs codes. Lots would not be necessarily flat graded; instead
each lot would need to deal with the existing slope within the lot area. This could be
accomplished through multi-level home design (i.e., garages at street level with the home
above or below, lots with the backyard or front yard below the main level of house, etc.).
While the issue of"custom"vs. "tract" homes is not normally a CEQA issue, the intent with
this alternative is to adapt the individual home design to the lot, rather than creating a flat
lot where tract homes could be developed without lot customization.
LSA shall prepare a conceptual plan for such an alternative for inclusion in the EIR. If the
City wishes to develop accurate estimates of the amount of cut and fill for such a project,
then an outside engineer would need to further develop the alternative.
2.1.2 "Consensus" Alternative Development
LSA shall evaluate "consensus" alternative
( , �,,
3.1 Technical Studies
LSA will prepare three new technical studies for inclusion in the EIR:
Air Quality Study
The previously prepared Draft Mitigated Negative Declaration relied on an Air Quality
Report by Hans Giroux Associates. The City has also obtained a peer review of this effort
by Eiler and Associates,which identified several potential deficiencies in the original report.
Either Hans Giroux can prepare an updated study or LSA can prepare a new Air Quality
Study.
LSA shall prepare a new Air Quality Study that includes the original information prepared
by Giroux and addresses the concerns expressed in the Eiler Report. This report shall
resolve any discrepancies regarding the extent of simultaneous grading, which was a
primary concern raised in the Eiler report.
LSA shall work with the City and the developer to develop an Air Quality Mitigation Plan
that will ensure that the project will not exceed SCAQMD thresholds during grading.
The project may affect local and regional air quality environment during the construction
and operations phases.
The Construction analysis shall focus on emissions from construction vehicles, grading and
construction worker vehicles accessing the site, as well as the impacts of the rock crusher.
Emissions shall be calculated using standard modeling techniques; however, special
attention will be paid to the large lot sizes in the overall grading plan. The unmitigated
emissions will be compared the SCAQMD emission thresholds to determine the
unmitigated project emissions. Standard SCAQMD and City Palm Springs mitigation
measures will then be applied to the project, and the revised emissions will be calculated
and compared to the thresholds. If emissions still exceed any SCAQMD threshold, LSA will
work with the City to determine if additional mitigation is feasible.
The Operations analysis will focus on the emissions from vehicles accessing the project
after completion. This analysis has two components: a local and regional analysis. In this
case, the small scale of the project (approximately 56 homes) is unlikely to cause any
threshold to be exceeded.
The local analysis will focus on emissions at the intersections near the project. The
pollutant of concern at local intersections is Carbon Monoxide (CO), and emissions rise as
congestion and vehicular volumes increase. Using standard models, LSA will estimate CO
concentrations at up to three intersections (the intersections with the highest total traffic
volumes). Based upon our professional experience, we do not expect that CO standards
will be exceeded.
The regional analysis will look at emissions that may increase overall smog levels such as
reactive organic gasses (ROG) and Nitrogen Oxides (NOX). These pollutants combine in
the atmosphere to create ozone and photochemical smog. The ROG and NOX emissions
are proportionate to the number of new vehicle trips related to a project. The emissions
from the project, based on trip generation,will be compared to the SCAQMD standards. If
such emissions are less than the standards (as anticipated)then the analysis is complete
at that point. If the thresholds are exceeded,then LSA will work with the developer and the
City to identify potential mitigation measures for incorporation into the project design that
would bring the project under the thresholds.
Noise Study
The previously prepared Draft Mitigated Negative Declaration relied on a Noise Report by
Hans Giroux Associates. The City has also obtained a peer review of this effort by Eiler
and Associates, which identified several potential deficiencies in the original report.
LSA shall prepare a new Noise Study that includes the original information prepared by
Giroux and addresses the concerns expressed in the Eiler Report.
Based on the results of the traffic study, the project design and, where appropriate,
previous efforts prepared by Hans Giroux, LSA shall prepare an updated noise analysis to
determine if the local noise environment will be adversely affected by the project, during
both the project construction and operational (project completed) phases.
The Construction analysis will estimate the noise generated during the construction phase
that result from construction equipment (bulldozers, scrapers, rock crusher, etc.). Typical
mitigation measures include limiting construction hours and ensuring that construction
vehicles are properly muffled. In addition, staging areas may be recommended to be
located away from existing residential uses.
The Operations analysis will focus on the impacts of the project after completion. The
project will cause traffic increases along portions of the adjacent street system. Such
volumes could potentially increase noise volumes to levels in excess of City and State
standards, and the analysis will determine if such standards are exceeded.
Any requisite mitigation measures, such as additional setbacks or new noise buffers, will
be identified by LSA to remedy any exceedance of standards due to the project.
Valley Fever Analysis
LSA shall finish its literature search, contact centers of excellence regarding Valley Fever,
and document the opinions that have raised this issue. These will be summarized in a
technical report that summarizes the available data.
The report shall be submitted to the Riverside County Department of Environmental Health
for their final determination of the significance of the issue.
V ,
LSA shall prepare the EIR for the project based upon the data provided to LSA by City
staff, and other publicly available data. The EIR will be prepared consistent with the CEQA
Guidelines and City of Palm Springs standards for preparation of EIRs.
The following provides a preliminary scope of work for the preparation of the EIR.
4. Prepare EIR
4.1 Public Scoping Meeting
LSA shall attend one public scoping meeting during the 30-day public review period on the
NOR The City will arrange the public scoping meeting (time and place) and publish the
scoping meeting announcement in the newspaper. The purpose of this meeting will be to
provide the public the opportunity to have input into the proposed content of the EIR. The
meeting will also provide both LSA and the City the opportunity to explain the proposed
project, expand on the alternatives, and answer questions as necessary.
Output: Attend one public scoping meeting to receive public input on the content of
the EIR.
4.2 Project Description/Alternatives Development
LSA shall prepare a draft project description describing the proposed project and
alternatives to be evaluated in the EIR. In addition, a detailed narrative of the project
description will discuss project objectives, geographical setting, and related projects. Each
of the requirements in CEQA for an EIR project description will be included in this section,
which will be provided to City staff for review prior to completion of the Screencheck Draft
EIR.
Output: Draft project and alternatives description for City review prior to substantial
investment of time and project cost in analyzing the proposed project.
Output: LSA will prepare one before and two after renderings of each project, a total
of six, from selected viewpoints.
4.3 Screencheck Draft EIR
LSA shall carry one or more alternatives fully through the environmental analysis, and
directly compare its impacts to the build and no-build alternatives in each environmental
such a direct comparison of alternatives builds public trust in the document.
LSA shall analyze the environmental consequences of the proposed project and
alternatives for those topics of focus identified in the Initial Study. This analysis will consist
of the following tasks:
• Evaluation and analysis of specific characteristics of the project area as they affect
and will be affected both directly and indirectly by the proposed project and
alternatives.
• Assessment of the environmental impacts that will be created by the proposed
project based on established thresholds of significance.
• Graphic depiction of environmental and planning factors and their relation to the
proposed project and their implementation.
• Formulation of specific implementable, mitigation measures that can be effectively
monitored during subsequent development.
• Analysis of the level of significance of project impacts after the application of
mitigation measures.
• The potential growth inducing aspects of the project will be discussed.
• The following CEQA-mandated topics will be addressed:
• Any significant irreversible environmental changes that would be involved in
the proposed action should it be implemented.
• Unavoidable adverse impacts.
• Cumulative impacts of the proposed project.
• Additional Alternatives Considered and Rejected: In addition to the Alternatives that
were addressed in the topical sections, any additional alternatives that were
considered by the City but rejected as infeasible under CEQA will be described.
LSA shall utilize the information contained in the Initial Study as prepared by the City.
These work efforts will be compiled into a Screencheck Draft EIR, along with analysis of
topical issues required by CEQA, an introduction, and project description.
Output: Five copies of the Screencheck Draft EIR for City review (Electronic
Transmission of documents is preferred).
4.4 Draft EIR
Following review by the City of the Screencheck Draft EIR, modifications to the
Screencheck Draft EIR shall be made by LSA. Once the City approves the document, a
Draft EIR and Notice of Completion (NOC)will be prepared and submitted to the City. LSA
will distribute the Draft EIR to the State clearinghouse and public based on a mailing list
prepared by LSA with input from the City. One camera-ready copy will be provided to the
City for future copying needs. The document will also be provided on CD-ROM in PDF
format. Note: LSA will provide three hard copies of any technical appendices; all copies of
the Draft EIR will also contain the appendices on a CD in PDF format.
Output: Preparation and distribution of up to 40 copies and 1 camera-ready copy, 1
CD-ROM copy of the Draft EIR, and 3 copies of the technical appendices.
5. Final EIR
The Final EIR shall include the Draft EIR; technical appendices; letters of comments and
responses on the Draft EIR; Mitigation Monitoring Program; Facts and Findings; Statement
of Overriding Considerations; and the City Council's Resolution certifying the EIR and
approving the proposed project.
Response to Comments. At the close of the public review period for the Draft EIR, LSA
will meet with City staff to review any comments on the Draft EIR that were received, and to
discuss potential responses to these comments.
LSA shall then formulate responses to the comments on the Draft EIR. Once draft
responses to comments are completed,they shall be submitted to City staff for review and
comment. The City's comments shall be incorporated into the response to comments
document, which will be submitted to the City as an appendix in the Final EIR for use in
public hearings.
Note: The extent of public comment is impossible to forecast at this time. LSA has
budgeted a fixed number of hours for preparing the responses; LSA shall review the
budget for responses with the City once all the comment letters have been received.
Output: Preparation of draft responses to all comments on the Draft EIR that were
received during the public review period for City staff review; revised responses to
comments based on City comments.
Mitigation Monitoring Program. Prior to Planning Commission hearings on the proposed
project and EIR, LSA shall prepare a mitigation monitoring plan, including monitoring
forms, to assist the City in implementing the mitigation measures contained in the EIR.
Output: A mitigation monitoring program to ensure the implementation of EIR
mitigation measures, meeting applicable CEQA and local requirements.
Screencheck Final EIR. LSA shall prepare a Screencheck Final EIR that includes the Draft
EIR, Response to Comments, and the Mitigation Monitoring Program for City review and
comment. LSA shall prepare a Final EIR text document that incorporates any changes
from the Draft EIR. Such Final EIR preparation would avoid future confusion.
Output: Prepare a Screencheck Final EIR for City review (3 copies).
6. Preparation of Candidate Findings of Fact and Statement of Overriding
Considerations
LSA shall prepare candidate findings of fact and, if necessary a statement of overriding
considerations, which clearly identify the:
a) Applicable Standard of Significance
b) Impacts of the Project as Compared to the Identified Standard
c) Mitigation Measures Proposed to Reduce the Project Impact to Below a Level of
Significance (If feasible).
d) Remaining Impacts of the Projects that Cannot Be Mitigated
Each impact is numbered, along with the corresponding mitigation measure(s). The
impacts, mitigation measures, and level of significance after mitigation are then
summarized in tabular form in Chapter 2 of the EIR. The table makes preparation of the
findings and statement of overriding considerations straight-forward, as well as legally
defensible.
LSA shall prepare the CEQA required Findings of Fact, along with any corresponding
Statement of Overriding Considerations based upon the above table
7. Preparation of Administrative Record Final EIR
Prior to Planning Commission action on the EIR, the findings and statement will be
incorporated into the Final EIR. The Final EIR will also include the Administrative Record.
It is assumed that the City's legal counsel will prepare the findings and statement of
overriding considerations.
Output: Planning and environmental findings needed for Planning Commission and
City Council actions on the proposed amendments. (50 copies of Final EIR, and 1
camera ready and 1 CD-ROM copy of the Administrative Final EIR.)
8. Public Hearings
This proposal assumes two presentations to the Planning Commission and two before the
City Council. Additional public hearings will be attended on a per meeting basis.
Output: Attendance at public hearings, including presentations as needed.
Budget Assumptions
The cost and scope of work assumes the City will publish and post all legal notices
including the Notice of Preparation and Notice of Completion and all public hearings for
the project.
The City will prepare the findings and statement of overriding considerations, if
necessary.
LSA has assumed four meetings with City Staff, two public hearings each before the
Planning Commission and City Council, and one scoping meeting. All other meetings
will be attended on a time and materials basis in accordance with LSA standard rates
provided in this proposal.
9. Project management
LSA shall work closely with the City to ensure that project can be delivered in a timely
manner. LSA may provide recommendations on project entitlement strategies, if
requested. In addition, the work program is intended to ensure the smooth functioning of
the EIR process by maintaining open communications with the City.
Maintain Close Contact with City Staff. LSA will maintain continuous liaison with the City
and will participate in regular meetings to monitor progress and receive input.
Monthly Status Reports: LSA will provide the City with monthly status reports.
Output: Ongoing coordination between the City staff and monthly status reports.
10. Quality Control
LSA shall provide the highest quality professional services. LSA manages quality
throughout the life of the project, not merely at the end of the project. LSA's overall goal is
to improve quality on each subsequent project. This goal requires implementation of
strategies to assure quality at the beginning of each project, and carry it throughout a
project and beyond. Specific quality management tasks include the following:
• Assigning the most appropriate Project Manager, and assuring his or her availability
throughout the project.
• Having the LSA Project Manager and the City's Project Manager systematically review
the work program to assure that both have clear understanding of project definition and
scope of work.
• Assigning a project team with experience on similar projects, and coordinating with task
managers to ensure staffing availability.
• Reviewing all work to be performed and ensuring that significant impacts on external
agencies are identified.
• Assuring that applicable City and State standards, policies, and procedures are jointly
understood by project team members.
• Assuring timely delivery of project documents.
• Assuring quality of preliminary work products and cost estimates, and timely delivery at
lowest cost.
• Reviewing project status with the City at regular project intervals, to assure
implementation of the original scope of work and harmonious functioning of all team
members.
• Identifying any potential conflicts due to changes in scope.
Reviewing performance with the City's Project Managerto make any adjustments required
for successful project completion and determining improvements for future projects.
EXHIBIT "C"
SCHEDULE OF COMPENSATION
The following table provides the budget estimate by task along with the estimated costs
of optional tasks.
Task Cost
Alternatives Development(1) $4,000
Valley Fever Analysis $4,000
Screencheck FIR Preparation $20,000
Draft EIR Preparation $4,000
Draft EIR Publication $2,000
Final EIR and Mitigation Monitoring Program $8,000
Total Baseline Tasks $42,000
Optional Tasks
Consensus Alternative Development $10,000(estimated,will required consultation with
consultant)
Air Quality Report $6,000
Noise Report $6,000
Notice of Preparation $3,000
Renderings $1,500 each
Crescendo Project Add 50%to Costs($21,000 to Baseline;assumes
both Projects included in the same EIR).
The proposed baseline budget for the combined EIR is $117,000; Additional meetings
would be billed on a time and material basis. Mr. Calerdine's billing rate is $150/hour;
Mr. Blount's billing rate is $115/hour. LSA's standard billing rates are given on the next
page:
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Assuming that the NOP is issued on July 1, 2005, and no lengthy technical studies are
required, the following schedule is feasible.
Action Date
Contract Notice to Proceed July 1,2005
Alternatives Description Completed September 1,2005
NOP Issued July 5,2005
Screencheck EIR to City August 15,2005
Staff Comments to Consultant August 31,2005
Draft EIR Issued for Public Review October 1,2005
Close of Comments November 15,2005
Consultant Submits Response to Comments December 1, 2005
Staff Approves Final EIR December 15,2005
First Planning Commission Meeting January 2006
Planning Commission Meeting(2) January 2006
City Council Meetings February 2006
EIR Certification February 2006
We will work pro-actively with the City to develop a final schedule that meets the City's
requirements.
Jun . 8 , 2005 3 : 57PM EALY HEMPHILL BLASDEL & OLESON No , 1990 P . 2
LAW OFFICES OF
EALY, HEMP!/ILL, BLASUEL & OLE,S`ON, LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP
W. Cart Ealy 777 E. Tahguirz Canyon Way, Sulu$20
Emily Perri HemphN Palm Springs, Callforn/a 92282
Oiane C. elasdel Telephone (760) 320-6977
Gregory R. O/esgn Facsimile (760) 320-9507
June S, 2006
David Ready
City Manager
City of Palm Springs
3200 E. Tahquitz Canyon We
Palm Springs, California 92262
Fie: Wessman - Boulders and Crescendo Projects
Dear Mr. Reedy:
I am writing on behalf of my client, John Wessman dba Wessman
Development Company. As you know, Mr. Wessman Is the Applicant for both the
Boulders and Crescendo projects located in Palm Springs. The Crescendo project
was approved by the City Council on January 19, 2005, and on February 10, 2005,
became the subject of a CEQA challenge mounted by the neighbors living in the
surrounding area.
The Boulders project, which has yet to go to City Council, appears to
be as controversial as the Crescendo project. We have also heard statements from
neighbors indicating their clear intent to sue Mr. Wessman on the Boulders project
if it is approved by the City Council. While we continue to believe that the
mitigated negative declaration that has been circulated for the Boulders project fully
satisfies the requirements of CEQA, given the almost certain CEQA challenge the
Project will face, I have advised my client that it is in his best interests to place
himself in the strongest possible defensive posture by processing an Environmental
Impact Report ("EIR") for Boulders.
We recognize that it is ultimately the City's determination as to
whether or not a Mitigated Nag Dec or an EIR is utilized for Boulders, and therefore
we are requesting that the City approve the processing of an EIR for the Boulders
project. In doing so, we would ask that the scheduled approval of the project be
continued until such time as the EIR is completed and circulated for comments as
required under CEQA. Please note, however, that in making this request we are
not withdrawing our applications, but rather, asking that a different method of
processing, that being an EIR,, be utilized for the Boulders Applications which were
deemed complete some time ago.
With respect to the Crescendo project, the CEQA suit which was filed
remains outstanding, and we will soon begin the process of briefing the issues.
Mr. Wessman attended the Mandatory Settlement Conference in this matter
prepared to discuss a serious settlement with the petitioners in that action.
Unfortunately, the petitioners themselves elected not to attend the Settlement
Jun . 8 . 2005 3 : 57PM EALY HEMPHILL BLASDEL & OLESON No • 1990 P . 3
tAW OFFICES OF
EALY, HEMPH/LL, BL ASpEL a OLESON, LLP
June 6, 2005
Page 2
Conference, and sent only their attorney's associate who was not authorized to
discuss anything other than Mr, Wessman performing an EIR on the Crescendo
project.
Two days ago, we finally received a settlement proposal from the
petitioners, however, that proposal requires that the entire project be eliminated in
its current form and redone on a one unit per acre basis. This is not an acceptable
settlement to Mr. Wessman nor does it conform with the provisions of the City's
zoning on this property.
It is clear by the manner in which the CEQA suit is being processed
that the petitioners are using delay as one of their primary tactics. For example, the
service of the petition on Mr. Wessman was not done within the time frames
required under CEQA or in the.manner required by CEQA. The administrative
record is overdue even though the petitioners elected on February 10, 2006 to do it
themselves rather than trust the City to do so. The mandatory settlement
conference was held on April 7, 2005, and yet, the petitioner first become prepared
to discuss settlement only two days ago with the offer described above, and after
all these delays, petitioner's counsel is now insisting that we put off the hearing in
this matter long enough to accommodate her "big case" in another jurisdiction.
These continued delays seriously harm my client and his project.
In light of these facts, and in light of the fact that we will already be
doing an EIR for the Boulders project, Mr. Wessman is hereby requesting that an
EIR be done for both the Boulders project and the Crescendo project. In making
this request, Mr. Wessman recognizes that he is relinquishing the approval of the
Crescendo project which he received from the City Council on January 19, 2006.
We believe it will ultimately avoid further delay by reprocessing Crescendo utilizing
the EIR rather than spend extensive time in litigation. We recognize that once the
Council rescinds its approval of the Crescendo project which was given on January
19, 2005, the CEQA litigation will become moot. Please note, however, that we are
not withdrawing the Crescendo Application which was deemed complete on
September 27, 2004, but rather, requesting that the City rescind only its approval
and reprocess the project utilizing an EIR. As discussed with City Staff, we would
request that the Council consider whether to authorize the EIR on these two
projects at its,June 21 meeting. We appreciate your consideration in this matter,
and would be happy to answer any questions you may have-
Sincerely,
��TAIF.Tts.+
r
Emily P ri Hemphill
Ealy, Hemphill, Blasdal Er Clasen, LLP
EPH/les
cc: John Wessman
Doug Holland