HomeMy WebLinkAbout7/30/2003 - STAFF REPORTS (14) DATE: July 30, 2003
TO: City Council
FROM: Directorof Planning&Zoning, and Directorof Procurement and Contracting
SUBJECT: APPROVE CONTRACTING WITH DUDEK & ASSOCIATES, INC. FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR A RETAIL
COMMERCIAL DEVELOPMENT ON AN APPROXIMATELY 36 ACRE COMMERCIAL
SITE, LOCATED AT THE NORTH EAST CORNER OF GENE AUTRY DRIVE (STATE
HIGHWAY 111) AND RAMON ROAD, ZONE M-1-P, SECTION 17.
RECOMMENDATION:
That the City Council approve contracting with Dudek &Associates, Inc. in the amount of
$110,775 forthe preparation of an Environmental Impact Report(EIR)for a Disposition and
Development Agreement between the Community Redevelopment Agency of the City of
Palm Springs (CRA) and Geiger, LLC., a tentative parcel map for finance purposes and a
Preliminary Planned Development District to allow the development of a 371,000 square
foot retail shopping center on approximately 36.59 acres, located at the north east corner
of Gene Autry Trail and Ramon Road, in Section 17, with the final agreement to be in a
form approved by the City Attorney.
SUMMARY:
If approved, Dudek & Associates, Inc will prepare an Initial Study followed by the
preparation and circulation of an Environmental Impact Report (EIR), and provide support
environmental planning services for the proposed project. A variety of technical studies
have been completed and will be evaluated in the EIR, including: traffic/circulation;
biological resources, cultural resources, air quality; and site remediation program, as
approved by the State Department of Toxic Substances Control and Riverside County
Department of Environmental Health. Dudek &Associates, Inc has selected a specialized
team for this assignment which includes Giroux & Associates (air quality), Michael Hogan
PhD., RPA (cultural resources), and Endo Engineering (traffic).
Planning Staff recommends using Dudek & Associates, Inc because this firm and their
team has experience preparing complex environmental documents,has recently completed
a number of similar projects including the Badlands Landfill Consolidation/Expansion -
Riverside County Integrated Waste Management, and the El Sobrante Landfill Expansion
Draft EIR Peer Review. The team also has recent experience working in the vicinity of the
proposed project, including the Palm Springs Airport Master Plan Update, Lowe's Home
Improvement Warehouse, Tentative Parcel Map 29631, and has committed resources to
fast track required California Environmental Quality Act (CEQA) documents.
The total contract amount is $110,775, inclusive of the technical studies costs. All costs
associated with this study, including administrative costs, will be paid by the developer.
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BACKGROUND:
The Disposition and Development Agreement between the Community Redevelopment
Agency of the City of Palm Springs (CRA) and Geiger, LLC., the tentative parcel map for
finance purposes and the Preliminary Planned Development District are considered a
"Project" under the California Environmental Quality Act (Public Resources Code Section
21080(a) and California Code of Regulations Section 15378). CEQA applies to
discretionary projects proposed to be carried out or approved by a public agency, which
may cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment,both within and beyond the project boundaries.
To identify the impacts the changes may have on the environment, an Environmental
Impact Report will be prepared to determine how significant the effects are, if any(Section
15060 d, Public Resources Code).
CEQA compliance must occur before a public agency approves a project. For public
agency projects, approval does not occur until the agency is legally committed to proceed
with the project. In order to meet both CEQA requirements and the applicant's desired
schedule for the approval of the entitlements, the environmental contract services will
conclude in January, 2004,with the City Council taking action on the Environmental Impact
Report.
A Request for Proposal (RFP) was circulated on June 3, 2003, to seven environmental
consulting firms, including four local firms. On June 20, 2003, four consulting firm(s)
submitted proposals. Dudek & Associates, Inc was selected based on its amount of
experience, professional qualifications, ability to complete the project in the time frame
outlined in the RFP, and demonstration of clear understanding of the project.
Director of Planning and Zoning
Director of Procurement and Contracting
City Manager
REVIEWED BY DEn OF FINANCE
ATTACHMENT:
1. Minute Order
2. Scope of work (draft)
Scope of work being prepared by Procurement and Contracting Department
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EXHIBIT "A"
SCOPE OF SERVICES
Task 1: Project Start-Up and Initiation
Consultant shall meet with the City upon receipt of a notice to proceed. Project initiation will include
review of existing information and data sources as identified by the City. Consultant shall evaluate
the necessary information with respect to the existing conditions, environmental impacts, mitigation
measures, cumulative impacts, and unavoidable adverse impacts identified for the retail commercial
development project. Consultant shall also evaluate available project information, and any other
relevant and valid informative sources. The analysis will include all available data, initiation of
additional research as appropriate, and an assessment of existing technical data for adequacy.
Task 2: Notice of Preparation/Public Scoping
Consultant shall prepare a Notice of Preparation (NOP)for City approval. Public scoping will consist
of issuance of an NOP and incorporation of comments received on the NOP as required by CEQA.
In addition,Consultant shall participate in one public Scop" ",eeting and two scoping meetings with
local and state agencies.
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Consultant shall compile a list of agencies and orga'rfzatitans which are to receive copies of all notices
and environmental documents. This list will include heJ caI jurisdictions (the State Clearinghouse,
agencies with known permitting responsibilities, apy public agencies which may be affected by the
proposed Project, and any organizations or iri i,*d,is`h, ving previously requested copies of the
environmental document. Consultant shall also 1/ responsible for maintaining the mailing list
throughout the EIR process. Each mailiad,Will be saved individually(e.g., NOP list, Draft EIR list, and
Final EIR list).
Deliverables:
Mailing list; '
"Notice of Availability" ubli, coping meetings;
Memorandum describing couple-1ron of public scoping process.
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Task 3; Preparation of Screencheck Environmental Impact Report
The EIR will be written in compliance with the criteria,standards and procedures of the CEQA Statute
and Guidelines, as well as the Environmental Review Procedures of the City of Palm Springs and the
regulations, requirements and procedures of any other responsible public agency with jurisdiction by
law.The following is an outline of the content and specific sections to be included in the EIR analysis:
Table of Contents
The Table of Contents will contain a list of the EIR contents, including text discussions, list of tables
and exhibits.
Executive Summary
Pursuant to Section 15123 of the CEQA Guidelines, the summary will contain an overview of the
proposed project, including a list of required discretionary approvals.The summary shall also include
a summary of impacts and mitigation measures, known areas of controversy including issues raised
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by agencies and the public, as well as a summary of alternatives to the proposed project.
Introduction
The Introduction section of the EIR will define the purpose, scope and legislative authority of the EIR,
requirements of the California Environmental Quality Act(CEQA)and other pertinent environmental
rules and regulations.This section would also describe the EIR process,structure, required contents
and its relationship to other potential responsible or trustee agencies.
Environmental Setting
The Environmental Setting Section of the EIR will provide a description of the existing site conditions.
The section will also provide an overview of the local and regional environmental setting of the project
(CEQA Guidelines Section 15125).
Project Description
This section will describe the location of the project, both within the regional context, and the local
context, including a legal description of the proposed project. The description of the project
characteristics would include proposed land use, circulation, and project construction schedule.
Project background, including a complete history of the planning and environmental review process
will be provided. Project objectives will be clearly defined based on the stated objectives contained
in the City of Palm Springs General Plan. Definition of project objectives will be done in consideration
of the analysis and discussion of project alternatives.A co `plete list of required discretionary actions,
permits and approvals will be provided, with the lead', responsible agencies identified for each.
Environmental Impact Analysis ,
Each environmental impact section of the EIR will contain a discussion of the existing conditions,
thresholds for significance, potential environmq'ntal.impbets, recommended mitigation measures to
significantly reduce or avoid the impact(s),and`a`r>�anFysts of significance, in accordance with CEQA
Guidelines Section 15126. The following,is DUDEKIs scope of work for each of the environmental
issues that are anticipated to be addressed"in the`'EJR:
Land Use, Planning and Zoning
Planning documents and it ordinances ar, olicies relevant to the project site will be identified.
Consultant shall analyze pro ject.6onsisteri'cy with these documents and City ordinances/policies and
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their application to the project wilt be examined.The planning documents to be examined will include
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the City's General Plan and Zoning'. rdinance, as well as other applicable City regulations,
ordinances and administrative policies The compatibility of the project in consideration of the airport
located to the west and other planned and existing surrounding land uses will be evaluated.
Aesthetics
This section will include a detailed evaluation of the project components that may have an effect on
the community character and views of the site from adjacent areas. Information that will be used to
evaluate visual impacts of the project, including the mass and scale of the project and architectural
design, includes data from the site plan and available information from the project applicant,
landscape elements, and other major physical elements that will have high visual prominence. For
a detailed analysis of the roof top equipment, the scope of work assumes receipt of complete
information from the project applicant indicating the proposed location of equipment.Consultant shall
conductfield investigations and analyze the project's visibility,view corridors,and likelihood of project
elements contrasting with existing visual quality and community character.
Consultant shall analyze the potential of the proposed project's lighting of impacting nearby sensitive
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receptors, including the adjacent Palm Springs International Airport. The scope of work assumes
receipt of a site map identifying the locations of the proposed lighting posts to adequately assess
potential impacts to sensitive receptors. If sensitive receptors would be impacted, Consultant shall
recommend potential directional lighting measures or relocation of the lighting posts. Based on
project lighting information provided by the project applicant, this section will provide an analysis of
light and glare effects of the project to the adjacent land uses.
Biological Resources
Based on the geographical location of the proposed project, Consultant has identified general
biological surveys that will be required to complete the biological assessment of the project site. In
addition, Consultant shall conduct a habitat assessment for any additional focused surveys that may
be required. Through informal consultation with the California Department of Fish and Game(CDFG)
and U.S. Fish and Wildlife Service (USFWS), actual additional focused survey requirements(if any)
will be determined. Based on previous direction from the CDFG and USFWS, the Coachella Valley
Multiple Species Conservation Plan (CVMSCP)Target Species List is usually the list of species that
they are interested in. This list includes: burrowing owl, California black rail, California ditaxis,
Casey's June beetle, Coachella Valley grasshopper, Coachella Valley Jerusalem cricket, Coachella
Valley milk-vetch, Coachella giant sand treader cricket, desert pupfish, desert slender salamander,
desert tortoise, dotted blue butterfly, flat-tailed horned Iizaro, gray vireo, Le Conte's thrasher, least
Bell's vireo, little San Bernardino Mountains gilia,Mecca-aster, Orocopia sage, Palm Springs ground
squirrel, Palm Springs pocket mouse, Peninsular bighor6 sheep, southern yellow bat, summer
tanager, triple-ribbed milk-vetch, yellow warbler, yelloWLbrea`sted,chat, and Yuma clapper rail. Of
these, only burrowing owl, California ditaxis, Coachella Valley Jerusalem cricket, desert tortoise,
dotted blue butterfly, Le Conte's thrasher, Palm Springs ground squirrel, Palm Springs pocket mouse
appear to have some potential to occur dependant dnmown species range, site specific soils, host
plant availability, and habitats.
Consultant shall be responsible for the following,tas�ks:
Review of Existing Information. UOtI'4UI�11 shall review and analyze aerial photographs
as provided and previously colleted"biological information pertinent to the proposed project
and surrounding area. Fox:TFi' Matters,Consultant shall conduct a search of the California
Natural Diversity Data (CNDB)`and the Coachella Valley Multiple Species Habitat
Conservation Plan (MSHCP) sensitive species database for the project area to identify
sensitive species issues.
General Biological Field Work. A field reconnaissance of the 36.59-acre site will be
conducted to assess and map the general biological resources. Biological resources will be
mapped for all portions of the site. Biological resources and vegetation communities will be
mapped in the field onto a 200-scale (1" = 200') color aerial photograph. Vegetation
communities will mapped using the Holland (1986) classification system. The presence of
any sensitive biological resources that may potentially constrain the project will be
documented and mapped. Any sensitive wildlife or plant species recorded during the field
work also will be quantified and mapped. Following completion of the field work, biological
resources information, including vegetation polygons and sensitive species information, will
be transferred to a topographic base and digitized into an AutoCAD drawing. A geographic
information system (GIS) coverage will be created using ArcCAD and acreages of each
vegetation type will be calculated. During this task, a habitat assessment will be conducted
to determine which (if any) additional focused studies will be required to satisfy CEQA and
the resource agencies. The assessment may determine the need for additional small
mammal, reptile, avian, or sensitive plant surveys. Full coordination, justification, and cost
estimates for these additional surveys will be provided to the City for approval or direction.
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In some instances it may be advisable to informally consult with the U.S. Fish and Wildlife
Service prior to conducting surveys to verify need and survey methodology.
Biological Resources Report: Consultant shall prepare a biological resources report and
appropriate graphics outlining the results of the literature search and field studies. The
biology report will include a description of existing site conditions with special regard to
sensitive habitats and sensitive species and will address the potential significant impacts of
the proposed project. The degree of sensitivity of the biological resources will be evaluated
in the context of federal, state, and local regulations and policies. The biological resources
report will include a quantitative impact analysis and list suggested mitigation measures to
reduce the level of impacts. The biological resources report will be adequate to support
preparation of the EIR. The report also will identify any additional studies and/or resource
agency permits that may be required before the project can proceed, including permits from
the USFWS, California Department of Fish and Game (CDFG), U.S. Army Corps of
Engineers (ACOE), and Regional Water Quality Control Board (RWQCB).
Cultural Resources
Consultant shall provide a cultural resources analysis for the proposed project. A
historical/archaeological resources records search at the Eastern Information Center at University
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of California, Riverside (UCR) will be conducted, which;well identify previously recorded cultural
resources within the study area. In addition,ConsultantsbdII.conduct historical background research
on the basis of early maps depicting the project area.iFfeld si1'rveys of the study area, conducted in
compliance with state and federal guidelines, will identify,,presence/absence of cultural resources.
CRM will field record any artifacts, features, sites or'structures greater than 50 years of age and will
complete site record(s), which will be submitted the`EaStern Information Center at UCR. A cultural
resources technical report will be prepared describing.tRe'findings of the study, and will be included
in the EIR Appendices. The EIR will contain a'Sumrpa y of the conclusions in the technical report.
Transportation, Circulation and Access ', ^e
Consultant shall summarize the City alJproye-frafflc analysis prepared for the proposed project in
the EIR. Based on the technical traffic study, this section will address existing conditions, project
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impacts, cumulative impacts, anc- eeommend feasible mitigation measures.
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Air Quality
Consultant shall conduct the air quality°analysis for the project. The following is a description of the
scope of work for the air quality technical study that will be prepared for the EIR:
Update the atmospheric environment setting for the project area based on data from the
South Coast Air Quality Management District Palm Springs monitoring station.
Calculate temporary construction activity emissions using procedures identified within the
SCAQMD CEQA Air Quality Handbook (1993).
Calculate regional vehicular emissions using the California Air Resources Board
URBEMIS2002 computer model.
Evaluate the potential for any microscale air pollution "hotspots" formation at project area
intersections using a screening procedure based upon the CALINE4 line source dispersion
model.
Quantify any localized impact potential from odors associated with excavation of the previous
landfill onsite.
Discuss project consistency with the Coachella Valley PM-10 Attainment Plan.
Identify any potentially applicable mitigation measures, including any relevant transportation
control measures(TCMs)incorporated into the Salton Sea Air Basins portion of the
California
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State Implementation Plan (SIP).
Discuss the potential effects on local air quality of cumulative development in the area.
Compare air quality impacts of alternatives to those of the proposed project.
An air quality technical report will be prepared describing the analysis and conclusions of the study,
and will be included in the EIR Appendices. The EIR will contain a summary of the conclusions
contained in the technical analysis.
Noise
Consultant shall prepare a noise technical report evaluating noise impacts associated with traffic
noise along Gene Autry Trail (State Highway 111) and Ramon Road, as well as potential aircraft
noise impacts associated with Palm Springs International Airport. Existing traffic noise will be
determined based on traffic noise measurements conducted at the site. The measurements will be
made using an ANSI Type 1 or 2 calibrated integrating sound level meter. Future on-site traffic noise
levels will be determined based on the results of the noise measurements and modeling of future
traffic volume using the California Department of Transportation's SOUND 32 traffic noise prediction
model. Traffic volumes will be obtained from the project's traffic engineer. Aircraft noise levels will
be determined based on published data. f,
On-site noise impacts on the existing residential developrn'ent adjacent to the proposed commercial
uses will also be evaluated. Noise measurements tW6t Consultant has previously collected for
commercial uses such as delivery and loading dock)oise will e-`'used to assess the noise impact
associated with the proposed commercial uses. Publistred data will be used to assess mechanical
equipment noise. Future noise levels at the adjacent`tesdential areas will be compared to the City's
exterior noise criteria. Noise mitigation measutes,will b64ecommended as necessary.
Short-term noise impacts associated with construi ion equipment will be evaluated using previously
published data. If significant noise im aGts are, r,, ted, mitigation measures will be identified.
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A letter report will be prepared describing {he analysis and conclusions of the study, and will be
included in the EIR Appendices/Elie EtR Jll contain a summary of the conclusions contained in the
technical analysis. r`
Hydrology/Drainage/Water Quality
This section will include descriptions of drainage and flooding characteristics at the study area from
on-site and off-site sources using available FEMA and local flood plain mapping and topography from
the Project site and vicinity. Surface water quality objectives from the existing Basin Plan in the
Project area will also be identified. Consultant shall identify the major surface waters in the Project
area and their beneficial uses. The effects of the Project on runoff volumes and drainage patterns
will be discussed. Potential short-term and long-term site flooding hazards and downstream flooding,
erosion, and sedimentation impacts will be evaluated. Changes in surface water quality
characteristics that could occur both during construction and over the long-term will be discussed and
quantified to the extent feasible. Measures to reduce or eliminate effects of the Project on drainage
as identified by the analysis will be discussed. Measures may include a discussion of applicable
requirements of the NPDES permit program for storm water runoff including implementation of Best
Management Practices (BMPs), as well as measures to reduce or avoid flood hazards.
Hazards and Hazardous Materials
Consultant shall review the existing site remediation plan prepared for the property. A written review
of the report will be provided to the City. The findings of the site remediation report and Consultant's
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review will be summarized in the EIR. If the findings of the investigation indicate potential impacts
of hazardous wastes or materials on the subject property that have not been identified, the letter
report will also contain recommendations for further work related to sampling and mitigation.
Public Services and Utilities
Consultant shall contact potentially affected agencies to identify and obtain information for an
analysis of the existing services, the project's impacts to the services, and recommended mitigation
measures. We will contact the agencies associated with the areas of schools, fire service, police
service, sewer and water systems, parks, and library service. The discussion will focus on the
required alteration of existing facilities, expansion of new facilities, and the increased demand on
services based on City approved standards and measures.
As the project proposes development of retail commercial buildings with the potential to place an
additional demand on public services and utilities, Consultant shall concentrate the analyses of
impacts to existing services and facilities which may result due to the proposed actions. Consultant
shall also evaluate the ability of the project to receive adequate service based on City standards and,
where adequate service is not available, will identify the effects of inadequate service and
recommend mitigation measures.
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Other CEQA Mandated EIR Sections
In accordance with Article 9 of the State CEQA Guidefl es, the„EIR will contain a discussion of the
irreversible environmental changes that will result frorrl1 proposed project, unavoidable significant
impacts, and those effects found not to be significant. This section will also include the following:
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Cumulative Impacts: This section will,be.hased Qn a list and description of closely related
past, present and reasonably foreseeable future;projects within the project vicinity that would
have the ability to contribute to cgmulative)effects in any of the environmental issue areas
discussed in the EIR. This seeton`;Ix✓ill e aluate whether individual project impacts are
cumulatively significant when viewed Qm,iinationwith these other projects.The discussion
will include an assessment of the'project's ability to compound or increase adverse
environmental impacts wlrn "addedto cumulative projects. The cumulative analysis will
evaluate compliance withi adopted "Threshold Standards" and applicable policies and
programs. '
Growth Inducement: The growth inducement discussion will assess the potential of the
proposed project to induce economic or population growth and the construction of additional
housing, either directly or indirectly, in the surrounding environment. The project will also be
discussed in relationship to its compliance with regional and local growth management
policies and growth forecast assumptions. In addition, the potential for use of large amounts
of fuel or energy will be discussed.
Alternatives: The EIR will address up to three project alternatives that could feasibly attain
the basic objectives of the proposed project. In addition,the alternatives discuss will address
the"No Project"alternative. Determination of specific alternatives will be done incoordination
with City staff. The focus of the Alternatives discussion will be those project alternatives that
reduce or avoid any identified significant environmental impacts, in accordance with the
requirements of CEQA.The Alternatives discussion will include a comparative analysis of the
various project alternatives in relation to the proposed project. The analysis will include a
quantitative analysis of effects, where appropriate.
References, Persons and Agencies Contacted and EIR Preparation:The EIR will contain
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a list of all references and persons and agencies contacted used in preparation of the EIR.
In addition, the EIR will list all persons involved in the preparation of the document and their
title and role.
Appendices
The Appendices shall include a copy of the Notice of Preparation(NOP), Responses to the NOP, and
any technical studies prepared for the projects that are not a part of the EIR.
Consultant shall prepare a Screencheck Draft of the EIR for review by City staff and outside agents
of the City. DUDEK anticipates,for purposes of cost estimation,that there will be one round of review
copy of the Screencheck Final EIR prior to release for public review.
Deliverables: Ten (10) copies of the Screencheck Draft EIR
Task 4: Draft EIR
Upon final acceptance by City staff, Consultant shall deliver a public-review Draft EIR.
Deliverables: Sixty (60) copies of the Draft EIR and o reproducible master.
Task 5: Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP)will be developed at the Draft EIR stage
and will include monitoring team qualifications.,specific monitoring activities, a reporting system and
criteria for evaluating the success of the mitigation measures. Mitigation measures contained in the
EIR will be developed in consideration pf,future.monitoring requirements and will be written in
sufficient detail to address impacts at tlfe"pfoject,,Iavel, referencing the appropriate implementing
permits such as grading permits, final maps andribindscape plans.
Task 6: Final EIR r`>'
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Consultant shall respond to public comments on the Draft EIR, provide Responses to Comments and
revisions to the Draft EIR text. This task assumes that Consultant shall respond to up to twenty-five
(25) substantive public comments on the Draft EIR (note that a single comment letter may contain
multiple comments). '
Deliverables: Ten (10) copies of the Screencheck Final EIR (Response to Comments);
Sixty(60) copies of the Final EIR;
Five (5) copies of the Final EIR with Administrative Record including Planning
Commission and City Council Resolutions and one (1) reproducible master.
Task 7: CEQA Notices
At the completion of the Draft EIR preparation stage, Consultant shall prepare a Notice of Completion
(NOC) in the form of the most recently updated CEQA Guidelines (January 2002). The NOC will be
forwarded to the State Clearinghouse and to reviewing parties, along with the Draft EIR. If the City
Council elects to approve the proposed project, Consultant shall prepare a Notice of Determination
to be filed with the County Clerk's office within five days of project approval.
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Task 8: Candidate CEQA Findings of Fact
Candidate CEQA Findings of Fact will be prepared for submittal to the City of Palm Springs. The
CEQA findings shall specify which mitigation measures have been incorporated into the project, as
well as those feasible mitigation measures that have not been incorporated and explain why they
have been found to be infeasible. The Findings will also identify feasible alternatives that could
reduce adverse project impacts but that are not being adopted and will provide specific
considerations as to why the alternatives are infeasible. If applicable, a Statement of Overriding
Considerations shall be prepared.
Task 9: Meetings and Hearings
Consultant shall attend the following Project meetings and hearings.
One (1) project initiation meeting with the City and Project participants;
One (1) public scoping meeting during NOP public review;,'
Two (2) scoping meetings with local and state agencies,,,,
One(1) meeting with the City and Project participant`s''to review Screencheck Draft EIR comments;
Two (2) public hearings (one Planning Commission heaving and one City Council hearing)
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Task 10: Project Management `�tl,�
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Preparation of the EIR will be under the.rhariageme'ht and daily supervision of Mr. Joe Monaco,who
will serve as project manager. Mr. Monaco,will provide daily supervision of the project team including
subconsultants and will fully evaluate and'keep abreast of all issues inherent in the proposed project
through continued coordination witrvlhe ity Of aim Springs and project team.This coordination will
provide an opportunity for sound, 'roject rilanagement to ensure that the project is running on time
and within the established budge
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EXHIBIT"B"
SPECIAL REQUIREMENTS
Section 4.3 The City hereby approves the use of Giroux Associates as subcontractor for portions
of the project scope of work related to air quality and CRM Tech as subcontractor for
portions of the project scope of work related to cultural resources
Section 5.1 The Contractor shall procure and maintain professional liability insurance in a
minimum amount of$1,000,000 in conformance with the provisions of Section 5.0 of
this Agreement.
Section 5.3 The requirements of Section 5.3 for a Performance Bond are hereby waived.
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
Total Compensation:
Total compensation for the work to be performed shall not exceed $110,775.00 which is distributed
over the individual task as indicated below.
Payment:
For Tasks 1, 2, 4, 5, 6, 7, and 8 payment shall be made in a lump sum amount at the completion of
the task (at the milestone indicated below).
For Task 3, Contractor may request payment in accordance with the percentage completion of the
task up to 75% of the task amount.
For Tasks 9 and 10, Contractor shall be paid in a lump sum at the completion of the task or, if the
project does not proceed to hearings/meetings, Contractor",shall be paid for the percentage of the
task actually completed.
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Task Payment Milestone �/ ,Payment Amount Payment Method
Task 1 Execution of Consultant Agreement by all parties '.:,? $2,500 Lump sum after completion
Task 2 Filing of Notice of Preparation ""'"j,`�;'_:,,� $4,260 Lump sum after completion
Task 3 Submittal of Screencheck Draft EIR�to J 't,t $51,144 Percentage of completed work
(limited to 75% prior to compl.)
Task 4 Delivery of Draft EIR to City `� �'"'"' $15,625 Lump sum after completion
Task 5 Delivery of MMRP to City eye= 'z?, >, $2,686 Lump sum after completion
Task 6 Delivery of Final EIR toity ?^" $17,570 Lump sum after completion
Task 7 Filing of Notice of Completio l \e:i` $3,230 Lump sum after completion
Task 8 Delivery of Findings to City $1,920 Lump sum after completion
Task 9 City Council meeting or hearing on the project $9,860 Lump sum after completion
or, if project does not proceed,
percentage for completed work
Task 10 City Council meeting or hearing on the project $1,980 Lump sum after completion
or, if project does not proceed,
percentage for completed work
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The work shall be completed In accordance with the following schedule:
Task Task Description Completion Date: Assumptions/City obligations
Task 1 Project Start-Up/Initiation August 5,2003
Task 2 Notice of Preparation August 22,2003 City to provide complete project description
to Contractor by August 15,2003
Task 3 Preparation of Screencheck EIR October 3, 2003 City to provide City Engineer-approved traffic
study to Contractor By August 22, 2003
Task 4 Draft EIR October 24, 2003 City to provide comments on Screencheck
draft EIR by October 17, 2003
Task 5 Mitigation Monitoring/Reporting October 24, 2003, City to provide comments on Screencheck
Program r" draft EIR by October 17,2003
Task 6 Final EIR December 8{2003 °.,,, Assumes draft EIR Public Review Period
begins October 24, 2003
Task 7 CEQA Notices January 7,2004 Assumes approval of project at January 7,
='�Atif 2004 council meeting
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Task 8 Candidate CEQA Findings of Fact December 8;2003 Assumes draft EIR Public Review Period
begins October 24, 2003
Task 9 Meetings and Hearings _ J"6 ary 7,2004 Assumes item agendized for January 7,
2004 Council meeting
Task 10 Project Management ` ., 4- January 7,2004 Assumes item agendized for January 7,
2004 Council meeting
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H:\USERS\W PPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIR.wpd
MINUTE ORDER NO.
APPROVING CONTRACTING WITH DUDEK&ASSOCIATES, INC. IN THE AMOUNT OF
$110,775 FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
DEVELOPMENT OF A 371,000 SQUARE FEET OF RETAIL COMMERCIAL CENTER,
LOCATED ATTHE NORTH EAST CORNER OF GENEAUTRY DRIVE(STATE HIGHWAY
111) AND RAMON ROAD, ZONE M-1-P, SECTION 17.
I HEREBY CERTIFYthat this Minute Orderapproving contracting with Dudek&Associates,
Inc. in the amount of$110,775 for environmental consulting and documentation services
necessary for the environmental consulting and documentation services necessary for the
preparation of an Environmental Impact Report (EIR) for a Disposition and Development
Agreement between the Community Redevelopment Agency of the City of Palm Springs
(CRA) and Geiger, LLC., a tentative parcel map for finance purposes and a Preliminary
Planned Development District,with the final agreement to be in a form approved by the City
Attorney, was adopted by the City Council of the City of Palm Springs, California in a
meeting thereof held on the 30th of July, 2003.
PATRICIA A. SANDERS
City Clerk
I