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consent or the proposed user obtains and maintains general public liability insurance with the same coverage and limits as the public liability insurance required to be maintained by the Operator under Section 7.2 and furnishes to Operator a certificate of insurance evidencing such insurance. Additionally, the entity giving approval of such use of the Common Area shall identify and hold harmless each person or entity who owns or holds portions of the Shopping Center, including building space, a leasehold estate, or any substantial interest therein, from any loss or liability arising out of such use;
(k) The non-exclusive use by an Occupant of sidewalks adjacent to such Occupant’s Building Area for outdoor seating, provided that the Owner of such Building Areas with outdoor seating shall (i) be obligated to maintain and pay for all costs of maintaining the sidewalk in a neat and orderly condition in accordance with the maintenance standards required by Common Area under this Declaration and such area shall be of quality required by this Declaration, (ii) insure that the such outdoor seating area does not interfere with any other Occupant’s business operation, (iii) insure that the outdoor seating does not violate any laws, ordinances or regulations, (iv) ensure that the outdoor seating does not unreasonably impede pedestrian traffic, and (v) maintain and pay for public liability insurance insuring against claims for personal injury, death or property damage occurring upon or about the sidewalks containing the outdoor seating area with the same coverage and limits required to be maintained by the Operator for the Common Area; and
(l) Except as expressly provided herein, no part of the Common Area shall be used for any sales or sales related activities.
4.2. Additional Uses of Common Areas. Notwithstanding the foregoing, portions of the Common Area adjacent to a particular Building Area may be used for:
(a) The installation, removal, repair, replacement and maintenance of building canopies including canopy support columns from any Building Area upon and over pedestrian sidewalks and other Common Areas to a distance not exceeding fifteen (15) feet; (b) Subject to the provisions of Section 3.2 above, the advertising or identification signs of Building Area Occupants as such Occupants may from time to time attach or mount upon the canopies projecting from their respective Building Area; (c) The installation, removal, replacement, repair, use, and maintenance of fire hose connections, downspouts, hose bibs, standpipes, yard or floodlights, subsurface building foundations, and signs or shadow boxes of building Occupants as may be attached to or form an integral part of a building at any time situated upon any portion of a Building Area; (d) Provided it would not prevent a reasonable flow of vehicular traffic, the construction, repair, reconstruction, and operation of trash or bottle storage rooms and/or trash bins adjacent and to the rear of the Building Areas to be serviced thereby; (e) The outward opening of doors of buildings located on contiguous Building Areas which open outward; and
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(f) The temporary erection of ladders, scaffolding and store front barricades during periods of construction, reconstruction, remodeling or repair of buildings and building appurtenances, upon the condition, however, that the construction, reconstruction, remodeling or repair is diligently performed and upon completion such ladders, scaffolding and barricades are promptly removed.
SECTION 5.
COMMON AREA EASEMENTS
5.1. Reciprocal Easements. The easements hereinafter granted shall remain in perpetuity unless sooner terminated as provided in Section 11.1 and in each instance shall run for the period of the duration of the effectiveness of this Declaration and shall be appurtenant to each designated Building Area of the grantee of such easement. In each instance the easements hereafter granted shall be nonexclusive and for the use and benefit, in common with grantor and others, of such grantee, its heirs, executors, administrators, successors, assigns, grantees, mortgagees, tenants and subtenants thereof, and the officers, directors, concessionaires, agents, employees, customers, visitors, and other licensees and invitees of any of them.
5.2. Nonexclusive Easements for Parking, Pedestrians and Vehicles. Each Owner hereby grants to all other Owners and to any Occupant of any Building Area within the Shopping Center, the following reciprocal easements in perpetuity:
(a) Nonexclusive easements appurtenant to grantee’s property for the purpose of parking vehicles of grantee and grantor, their tenants, subtenants, concessionaires, customers, licensees and invitees limited, however, for purposes connected with or incidental to any such uses then being made of any portion of grantor’s property by grantor. The foregoing parking area easements are easements on each and all of the one or more portions of the Shopping Center property improved by any Owner from time to time for the parking or accommodation of vehicles, provided, however, there shall be no overnight parking (excluding overnight employees and contractors of Occupants, provided that any additional lighting required by such Occupants shall be borne solely be the Occupant requesting additional lighting) and no long term parking (over 10 hours) in the Shopping Center, and the parking areas shall be appropriately marked to legally enforce the parking restrictions. The parking spaces depicted on the Site Plan, including the number, size and configuration shall not be altered without the prior written consent of the Operator which shall not unreasonably be withheld.
(b) Nonexclusive easements appurtenant to grantee’s property for the purpose of vehicular and pedestrian traffic of grantee and grantor, their customers, invitees, licensees, tenants, subtenants and concessionaires limited, however, for purposes connected with or incidental to any such uses then being made of grantor’s property by grantor. The foregoing Common Area easements are easements on each and all of the one or more portions of the Shopping Center property improved or available for general use and the convenience of tenants of the Shopping Center and concessionaires, employees and customers of the Shopping Center as such portions are available and designated for these purposes. (c) Nonexclusive[t1] easements appurtenant to grantee’s property for the purpose of furnishing pedestrian and vehicular access, ingress and egress and the right of
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pedestrian and vehicular access, ingress and egress (i) between grantee’s property and the public streets, and any parking areas situated within the Shopping Center property, (ii) between the public streets and parking areas, and (iii) between grantee’s and grantor’s property, excluding any and all buildings or structures from time to time located on or in grantor’s property. (d) Nonexclusive easements appurtenant to grantee’s property for the purpose of Building Utility Lines and Common Area Utility Lines, subject to the provisions of Section
6.6 hereof.
5.3[t2] Nonexclusive Easements for Drainage. Developer reserves for the benefit of the Shopping Center and the Owners, reciprocal nonexclusive easements for drainage of water over, across and on the Shopping Center. Use of the foregoing easements may not unreasonably interfere with each Owner's use and enjoyment of the burdened parcels. No Owner may modify any flow patterns or drainage facilities on such Owner’s parcel without first obtaining permission from the City.
SECTION 6.
COMMON AREA IMPROVEMENTS AND BUILDING UTILITY LINES
6.1. Construction of Sidewalks and Parking Areas. All sidewalks within the Shopping Center shall be of concrete construction. All areas for vehicular use shall be paved with a suitable base and surfaced with a bituminous or asphaltic wearing surface, provided that the Owner of any Building Area, at its option, may pave portions of the Common Area to the rear of such Building Area with concrete, at its sole expense. [t3] The Owner of any Building Area may pave portions of the Common Area with decorative paving only with the prior written consent of Operator.
6.2. Temporary Storage of Construction Materials and Equipment. Subject to the limitations and restrictions herein provided and with the consent of Operator, during the course of any initial or subsequent construction or any reconstruction of any buildings which may hereafter be constructed upon the Building Area, portions of the Common Area immediately adjacent to such Building Area may be used by the Owner thereof for the temporary storage of construction materials and equipment used and to be used in connection therewith, provided that such use thereof does not unreasonably interfere with the normal use of any Common Area or Common Area Improvements in the Shopping Center or adversely affect the occupancy or use of any other building or Building Area. The temporary storage area shall be fenced and the Owner assumes all liability for the materials and equipment stored therein. Such consent is hereby given during initial construction on any Building Area to all Owners of the Shopping Center.
6.3. No Fences. Except during the course of construction, no fence, division, rail or obstruction of any type or kind shall ever be kept, placed, permitted or maintained between (i) the properties of any Owners of any portions of the Shopping Center, (ii) between any subsequent divisions of the Shopping Center, or (iii) upon or along any of the common property lines of any Occupant of the Shopping Center.
6.4. No Changes in Common Areas. Those areas designated as Common Area shall not be altered from that as shown on the Site Plan without the prior written consent of Operator,
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which right of consent may be delegated and which consent may be withheld at Operator’s sole discretion.
6.5. Use of Building Area. The improvement and/or use of any portion of the Building Area with Building Area Temporary Improvements for parking or service shall not be construed as an inclusion thereof within the Common Area as herein defined, and such portions may, at any time thereafter, be improved with buildings and appurtenances in accordance with this Declaration and provided that the maximum allowable ground floor square footage of any building shall not exceed the square footage authorized by Section 7.4(c) below.
6.6. Maintenance of Building Utility Lines. The Owner of the Building served by any Building Utility Lines shall install, repair, maintain and remove Building Utility Lines at its sole cost and expense. The location, size, depth and tie-in of Building Utility Lines with the Common Area Utility Lines shall be subject to the prior written approval of Operator. The Owner or any Occupant of a Building Area located on the parcel on which Common Area Utility Lines are located may at its sole cost and expense relocate on its parcel such Common Area Utility Lines after at least thirty (30) calendar days prior written notice delivered to the Operator and all other Owners, if any, provided that: (a) any such relocation shall not be performed (except in the case of emergency): (i) until the written notice required by this Section 6.6 is delivered to the Operator and all other Owners, if any; (ii) during business hours, and (iii) during the one (1) week period immediately prior to and including Easter Sunday, Labor Day, or the Fourth (4th) of July of any year or during the period from November fifteenth (15th) to the end of the calendar year of any given year, and (b) such relocation shall not diminish or unduly interrupt utility service for the parcels served by such Common Area Utility Lines and shall not reduce or impair the usefulness or function of any such Common Area Utility Lines. Any Owner or Occupant who has exercised any of the rights provided for in this Section shall, within thirty (30) calendar days after completion of any work performed pursuant hereto, furnish the Operator and all other Owners, if any, with a survey prepared by a surveyor or civil engineer duly licensed by the State of California showing the new location of such Common Area Utility Lines upon the request of the Operator or any of the other Owners.
SECTION 7.
COMMON AREA OPERATION AND MAINTENANCE
7.1. Operator Responsible for Common Area Maintenance. Subject to the terms and conditions hereinafter set forth, Developer shall be designated as the Operator and shall be responsible for and perform all Common Area Maintenance. The Operator shall have the right to delegate, contract or subcontract out some or all of its duties hereunder; provided, however, that any such delegation, contracting or subcontracting of less than all of its duties must terminate on not more than thirty (30) days’ notice and any delegation, contracting or subcontracting of all or substantially all of its duties shall be subject to termination on not more than ninety (90) days’ notice.
7.2. Public Liability Insurance. The Operator shall obtain and maintain general public liability insurance insuring the Operator and all persons or entities who may own or hold portions of the Shopping Center or building space within the Shopping Center, or any leasehold estate or other substantial interest therein as their respective interests may appear (including,
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without limitation, any Mortgagee on all or any portion of the Shopping Center), provided that the Operator is notified in writing of such interest against claims for personal injury, death or property damage occurring in, upon or about the Common Area, including contractual liability.
Such insurance shall be written with a financially responsible insurer licensed to do business in the State of California, which shall have a rating of A-X or better in Best’s Key Rating Guide, and shall contain an endorsement requiring thirty (30) days written notice from the insurance carrier to any named insured before cancellation or change in coverage, scope or amount of policy. The limits of liability of all such insurance shall not be less than Four Million Dollars ($4,000,000.00) single liability limit for both personal injury and property damage. If the limits of such insurance become inadequate due to actual experiences in the overall amount or the size of claims being experienced, the Operator shall require new limits based on then existing shopping industry practices. Upon the request of any person having an insurable interest hereunder, the Operator shall cause to be issued certificates of insurance evidencing the insurance required to be maintained hereunder. The Operator shall cause each Owner to be additional named insureds under the policy or policies required to be maintained hereunder.
7.3. Minimization of Expenses. The Operator shall expend only such amounts reasonably necessary for Common Area Maintenance in order to keep the Common Area in good repair and clean condition and shall maintain the same on a non-profit basis; provided however, the Operator shall be entitled to charge the management fee set forth in Section 7.4 herein which may include profit.
7.4. Common Area Expenses.
(a) Annual Budget. Prior to the first day of each calendar year, the Operator shall prepare and submit to each Owner a proposed budget for the costs and expenses of Common Area Maintenance and, including a management fee not exceeding ten percent (10%) of such costs (collectively “Common Area Expenses”) estimated for the next calendar year. The Common Area Expenses shall include attorneys’ fees and court costs necessarily incurred by the Operator to enforce the provisions of this Section 7. Additionally, Christmas decorations for the Common Area may be included within the Common Area Expenses. The Operator’s management fee of ten percent (10%) shall not be applicable to the cost of any real property taxes or assessment, depreciation, and fees paid to others for management duties. Each Owner shall pay to the Operator each month, in advance, one-twelfth (1/12th) of the Owner’s Pro Rata Share of the estimated Common Area Maintenance costs and expenses for the calendar year. (b) Expense Statement. The Operator shall, within ninety (90) days following the last day of each calendar year, deliver to each Owner a written statement of the total Common Area Expenses actually incurred during the prior calendar year (“Prior Written Statement”). Upon written request, the Prior Written Statement shall include substantiating invoices for the Common Area Expenses contained therein. The Operator shall keep records of Common Area Expenses incurred for each calendar year for at least three (3) years after the end of the applicable calendar year. Each Owner or its authorized representative may examine and audit the Operator’s records of Common Area Expenses no more than twice per calendar year upon reasonable notice and during reasonable business hours. If the estimated amount payable by all Owners for a calendar year is less than the actual amount of Common Area Expenses for such year, then each Owner shall pay to the Operator such Owner’s Pro Rata Share of the
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deficiency. If the estimated amount paid by all Owners for a calendar year is greater than the actual Common Area Expenses for such year, then each Owner shall be credited with its Pro Rata Share of the overpayment. If the Prior Written Statement for any calendar year overstates the Common Area Expenses by more than ten percent (10%), then the Operator shall reimburse all costs and expenses incurred by an Owner or Owners in auditing or inspecting the Operator’s records resulting in the determination of such overpayment. (c) Allocation of Common Area Expenses. All authorized Common Area Expenses incurred by the Operator shall be prorated and shared among the Owners of the Shopping Center in accordance with their respective Pro Rata Shares. The cost of maintaining, operating, repairing and replacing each pylon sign and its structure and each monument sign and its structure shall be shared pro rata among the Owners or entities represented on such signs based on the square footage that each Owner or entity occupies on such sign in relation to the total square footage of all signage depicted on such sign. Each Owner shall maintain, operate, repair and replace each pylon sign cabinet and monument sign cabinet representing the Owner’s Building Area at such Owner’s sole and absolute cost, including without limitation, electrical and sign faces. For the purpose of this subsection, if identification of the Shopping Center occupies a portion of a sign, the Shopping Center shall be considered an Owner or entity and its portion of costs shall be shared as a Common Area Expense, as herein provided.
Each Owner’s share of such costs and expenses shall be its Pro Rata Share. Each Owner shall commence payment of its Pro Rata Share for such Owner’s parcel upon the earlier to occur of: (a) substantial completion by Developer of construction of the Common Area Improvements for such parcel or (b) the opening for business to the public by any Occupant(s) of the building for such parcel. The construction of the Common Area Improvements for a parcel shall be deemed substantially completed upon issuance of a certificate of substantial completion by Developer’s architect.
(d) Delinquent Payments. If any of the Pro Rata Share is not paid as provided in this Section, or if any amounts expended by the Operator for the account of any Owner as provided elsewhere in this Declaration have not been paid within thirty (30) calendar days from the date of receipt of a billing from the Operator, such unpaid amount shall be deemed delinquent and shall bear interest thereafter at the prime rate then being charged by Bank of America, plus two percent (2%), or the maximum rate permitted by applicable law, whichever is lower, until paid. The Operator shall deliver written notice to the defaulting Owner(s) that if the delinquent amounts, including interest, are not paid within thirty (30) days such delinquent amounts including interest, shall become a lien and charge upon all of the property of the defaulting Owner(s) within the Shopping Center to secure payment by the Owner of all sums due which lien shall become effective upon recordation of an appropriate notice of claim of lien in the office of the Riverside County Recorder. In addition to the delinquent amounts, all costs and expenses of any suit or proceedings brought by the Operator to collect the delinquent amounts shall be payable by the defaulting Owner(s) and shall also constitute a lien against the real property of any defaulting Owner(s) until paid, which lien shall be perfected as hereinabove provided. Notwithstanding any of the provisions of this Section 7.4, any liens upon property recorded pursuant to this Section shall be subject and junior to the lien or charge of any bona fide first mortgage or first deed of trust upon the property subject to the lien.
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7.5. Successor Operator. Notwithstanding any preceding provisions of this Section 7 which may be to the contrary:
(a) Should the Developer cease to have an interest in the Shopping Center as Owner or Occupant or should Developer otherwise desire to relinquish the duties and obligations of the Operator, prior to the date Developer ceases to have an interest in the Shopping Center, Developer shall appoint or employ as the new Operator with rights and obligations provided for hereunder an Owner willing to accept such position. The appointment provided for above shall be binding upon any person or entity owning any portion of the Shopping Center. (b) Should Operator desire to relinquish the duties and obligations of the Operator, prior to the date such Operator ceases to have an interest in the Shopping Center, Operator shall appoint or employ as the new Operator with rights and obligations provided for hereunder an Owner willing to accept such position. The appointment provided for above shall be binding upon any person or entity owning any portion of the Shopping Center. (c) The successor Operator shall, (i) fully and faithfully observe, perform and discharge each and every duty and obligation of the Operator under this Section in the place and stead of the former Operator, and (ii) save and hold the former Operator harmless from any and all liability or responsibility under the provisions of this Section on account of any and all matters or events arising, occurring or resulting from acts of the successor Operator. The successor Operator is hereby granted all rights of the Operator provided for in this Section.
7.6. Liability of Former Operator. If an Operator ceases to serve as Operator, it shall have no liability or responsibility for any acts, events or circumstances occurring subsequent to its tenure as Operator, except for those resulting from its gross negligence or willful misconduct.
7.7. No Operator. During any period when no person or entity is obligated to maintain the entire Common Area, the Owner of Building A1 (as identified on the Site Plan) of the Shopping Center shall maintain the Shopping Center in accordance with the standards set forth herein.
7.8. Rules and Regulations. Subject to the approval of Operator, which approval shall not be unreasonably withheld, the Operator may at any time promulgate reasonable and nondiscriminatory rules and regulations for the use of the Common Area, which rules may prohibit employees from parking in the Common Area except in areas designated by the Operator as “Employee Parking”.
7.9. No Admission Fees. No charge, fee, toll, levy or expense shall ever be required, laid, assessed or made to or received from any business guest, invitee, licensee, visitor, customer or patron of any mercantile, business and professional establishments. The cost and expense of the operation, management, maintenance and repair of the Common Area shall be borne and discharged only as provided for in this Declaration. However, any Owner may require any tenant of such Owner, to pay a fee or charge for the management, maintenance, repair and operation of the Common Area. Notwithstanding the foregoing, in the event that any government agency imposes a surcharge or regulatory fee on customer or employee parking or
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based on the number of parking spaces within the Shopping Center, Operator may institute a uniform paid parking system for the entire Shopping Center.
SECTION 8.
REALTY TAXES AND ASSESSMENTS
8.1. Payment of Taxes. It is intended and agreed that all real estate taxes and assessments by public authority relating to any portion of the Shopping Center, and improvements thereon or the ownership thereof, shall be paid prior to delinquency by the respective Owners thereof. In the event any such real estate tax or assessment on the Common Area becomes delinquent, any Owner may serve written notice on all the other Owners of the Shopping Center of its intention to pay such delinquent tax or assessment and if such tax or assessment remains delinquent for a period of thirty (30) days following such written notice, the Owner(s) serving the notice may pay such tax or assessment, and the amount paid including interest thereon at the prime rate then being charged by the Bank of America, plus two percent (2%), or the maximum rate permitted by applicable law, whichever is lower, shall be reimbursed by the Owner(s) responsible for payment of such delinquent tax or assessment. Such amount with interest thereon shall be a lien and charge upon the real property owned by the defaulting Owner(s) in the Shopping Center to secure payment of all amounts due, which lien shall be effective upon recording a notice of a claim of lien in the office of the County Recorder of the County of Riverside.
SECTION 9.
OTHER RESTRICTIONS
9.1. Prohibited Uses. Without prior written consent of Developer, no portion of the Shopping Center shall be occupied or used, directly or indirectly, for any of the following:
(a) As an office building or for office purposes, except for offices which are strictly incidental to a use otherwise permitted hereunder, and except offices for the following uses: insurance agency, real estate, escrow, travel, finance, credit union, bank, savings and loan, doctor, dentist, veterinarian, optometrist, chiropractor and attorney; (b) For the purpose of any entertainment, amusement or recreational facility, including without limitation, a bowling alley, skating rink, adult book store, adult amusement facility, theater or cinema, any facility selling or displaying pornographic materials or having such displays, off track betting establishment, bingo parlor, pool or billiard room, children’s play or party facility, game arcade (provided, however, the incidental use of up to four (4) arcade games in a permitted restaurant shall be excepted herefrom), bath or massage parlor, health spa, studio or gym (except an aerobic workout facility which shall not exceed three thousand (3,000) square feet);
(c) Intentionally omitted.
(d) Drive-through restaurant, provided that a drive-through restaurant shall be permitted on the Building Areas identified in Section 3.4 so long as such facility is constructed and maintained in accordance with the limitations of Section 3.4, and so long as the ingress and egress for such facility does not change the traffic flow or parking for the Shopping Center as
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depicted on the Site Plan provided that parking space to building area ratios comply with code without a variance;
(e) Intentionally omitted;
(f) Mortuary;
(g) Automotive vehicle sales establishment, or the sale, leasing or storage of boats or other vehicles;
(h) Commercial laundry plant exceeding three thousand (3,000) square feet; (i) Hotel or motel;
(j) Liquor sales including distilled spirits, beer and/or wine, except for any liquor sales that are part of the operation of a drug store, the sale of alcoholic beverages for on premises consumption as an incidental part of a restaurant business or the sale of alcoholic beverages for off premises consumption as an incidental part of a gasoline station; (k) A tobacco store, but cigarette sales by an Occupant as an incidental part of its business shall be permitted;
(l) Growing, manufacturing or selling of marijuana or marijuana by-products; (m) Recycling facility, unless such facility is legally required as part of the operation of an Occupant which is otherwise permitted hereunder; (n) Blood bank, except on a temporary basis and as part of a charitable or civic activity as provided for and in accordance with the terms of Section 4.1(k) above; (o) Raising, breeding or selling live animals; and
(p) Storage facility or other on-site storage, except for temporary storage relating to construction being performed within the Shopping Center in accordance with this Declaration.
9.2. No Excavation. No excavation shall be performed within the Shopping Center except in connection with construction or erection of a building or Common Area Improvements, and upon completion thereof exposed openings shall be filled and disturbed ground shall be graded and leveled.
9.3. No Flashing Signs. No signs, billboards or advertising media within the Shopping Center shall be of a moving, flashing or animated type.
9.4. No Exterior Sound Systems. Except for any intercom system related to any approved drive-through facilities, no exterior sound system, loud speakers or devices for the production or projection of sound or noise into the Common Area shall be constructed, operated, or maintained without the prior written approval of Operator.
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9.5. No Nuisance. No use or operation shall be made, conducted or permitted on or with respect to all or any part of the Shopping Center, which use or operation is obnoxious to or not in harmony with the development and operation of a comparable first-class neighborhood shopping center in Riverside County. Such prohibited uses or operations shall include without limitation to the following:
(a) Any public or private nuisance;
(b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness, or loudness;
(c) Any obnoxious odor;
(d) Any noxious, toxic, caustic, or corrosive fuel or gas; (e) Any dust, dirt, or fly ash in excessive quantities; (f) Any warehouse, assembly, manufacturing, distillation, refining, smelting, agriculture, or mining operations;
(g) Any flea market or store that engages in the sale of used or second-hand clothing or other second-hand goods, excepting a store that engages in the sale of upscale previously owned merchandise as approved by Developer;
(h) Any trailer court, labor camp, junk yard, stock yard, or animal raising facility (other than a pet shop);
(i) Any drilling for or removal of subsurface substances; (j) Any dumping, disposal, incineration, or reduction of garbage or refuse, except for permitted recycling facilities and trash containers; and (k) Any fire or bankruptcy sale or auction house operation.
9.6. No Residential Uses. No portion of the Shopping Center shall be used as a single or multiple dwelling house or residence.
9.7. No Trailers. No trailer, tent, shack, barn or other out building shall be erected or maintained within the Shopping Center. Exempted from this restriction against trailers shall be a trailer(s) for the temporary use by charitable and civic activities, recycling facilities, community orientated services, as authorized under Subsections 4.1(j) and 4.1(k) of this Declaration, and construction trailers, as authorized under, and in strict conformance with, Section 6.2 of this Declaration.
9.8. No Overnight Parking. No portion of the Shopping Center shall be used for overnight parking of motor vehicles (excluding overnight employees and contractors of Occupants, provided that any additional lighting required by such Occupants shall be borne solely be the Occupant requesting additional lighting).
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9.9. No Changes in Grade. The grade of any portion of the Shopping Center shall not be raised or lowered without the prior written consent of Operator.
9.10. Equitable Remedies. Since remedies at law may be inadequate, remedies to enforce breaches, violations, or attempted or threatened breaches or violations of the restrictions set forth in this Section 9 shall in addition to all legal remedies include without limitation all available equitable remedies, and specifically the right to injunctive relief as provided in Section
10.5. 9.11. Antennae. Occupants of all Building Areas may only place antennae on their respective buildings with the written approval of Developer provided that such antennae shall not be visible from the Common Area.
SECTION 10.
MISCELLANEOUS PROVISIONS
10.1. Binding Covenants, Restrictions, Conditions and Provisions. Each and all of the covenants, restrictions, conditions, and provisions contained in this Declaration (whether affirmative or negative in nature):
(a) are made for the direct, mutual, and reciprocal benefit of each Parcel of land in the Shopping Center;
(b) shall create mutual equitable servitudes upon each Parcel of land in the Shopping Center in favor of every other parcel;
(c) shall constitute covenants running with the land and shall be binding upon and inure to the benefit of every Parcel in the Shopping Center and every portion thereof and interest therein;
(d) shall bind every person having any fee, leasehold, or other interest in any portion of the Shopping Center at any time to the extent that such portion is affected or bound by the covenant, restriction, condition, or provision in question, or the covenant, restriction, condition or provision is to be performed on such portion; and (e) shall inure to the benefit of the Developer and its successors and assigns as to their respective Parcels of land in the Shopping Center. Notwithstanding the foregoing, the rights and obligations of Developer as set forth in this Declaration are personal to Developer and do not transfer with any Parcel sold or leased by Developer so long as Developer retains an interest in one or more Parcels in the Shopping Center. Notwithstanding the foregoing, at the time Developer transfers an interest in a Shopping Center Parcel, the Developer may transfer its rights as Developer under this Declaration to no more than one (1) alternative single person or entity that owns a Parcel. The designation shall be in written recordable form and shall designate such single person or entity as the successor "Developer" for the purposes of the Declaration.
Upon such designation Developer shall no longer have any rights as Developer under this Declaration. The designation of the successor Operator as directed by Section 7.5 shall not be considered a designation under this Section 10.1(e).
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10.2. Legal Description. The legal description of the Shopping Center as set forth on EXHIBIT “A” shall be deemed to include any and all rights, title, and interest in that portion of the street, roadway or highway abutting or bounding the Shopping Center now or hereafter owned by all persons or other entities who may own the Shopping Center or any portion thereof or any leasehold estate or any security interest therein and the respective heirs, successors, assigns, grantees, mortgagees, tenants, or subtenants thereof. Accordingly, such right, title and interest shall be in all respects subject and subordinate to the covenants, conditions and restrictions established by this Declaration.
10.3. No Termination of Declaration. Breach of any of the provisions, covenants or restrictions contained in this Declaration shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value as to the Shopping Center or any part thereof or entitle any Owner to cancel, rescind, or otherwise terminate this Declaration, and all of said provisions, restrictions and covenants shall be binding and effective against any Owner of any Building Area of the Shopping Center, or any part thereof, whose title thereto is acquired by foreclosure, trustee’s sale or otherwise.
10.4. Partial Invalidity of Declaration. Invalidation of any one of the covenants, conditions, restrictions, or other provisions herein contained by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions or provisions hereof, and the same shall remain in full force and effect.
10.5. Privity of Contract and Estate. This Declaration shall create privity of contract and estate with and among all Owners, grantees and their assigns of all or any part of the Shopping Center. In the event of a breach, an attempted or threatened breach, or a violation, an attempted or threatened violation, by any Owner, or Occupant of any part of the Shopping Center of any of the restrictions, terms, covenants and conditions hereof, any one of the said parties, or their respective successors or assigns, shall have in addition to the right to damages, the right to enjoin such breach, attempted or threatened breach, or violation, attempted or threatened violation. Additionally, if there is any provision in a deed, lease, assignment, conveyance or contract made in violation of this Declaration such provision shall be void to the extent of such violation and may be set aside upon petition of any of the aforementioned parties. All costs and expenses of any such suit or proceedings including attorneys’ fees shall be awarded, as hereinafter provided, to the prevailing party or parties and assessed against the losing party or parties including the Owner of the applicable property, and shall constitute a lien against the real property or the interest therein wrongfully deeded, leased, assigned, conveyed or contracted for, until paid, effective upon recording notice thereof in the office of the County Recorder of the County of Riverside. Any such lien shall be subordinate to any bona fide mortgage or deed of trust covering any portion of the Shopping Center, and any purchase at any foreclosure or trustee’s sale (as well as any grantee of deed in lieu of foreclosure or trustee’s sale) under any such mortgage or deed of trust shall take title free from any such lien, but otherwise subject to the provisions hereof. The remedies permitted at law or in equity specified herein shall be cumulative.
10.6. No Merger. There shall be no merger of any easements, rights, interests or estates created by this Declaration resulting in the Shopping Center being owned or held directly or indirectly by or for the account of the same person or entity, and no such merger shall occur
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unless and until all persons and entities at the time having an interest in the Shopping Center (including, but not limited to, the holders of any bona fide first deed of trust or first mortgage, having an interest in, or an encumbrance on, all or any portion of the Shopping Center) shall join in a written instrument affecting such merger and shall duly record the same.
10.7. Attorneys’ Fees. If any action or proceeding is brought for the enforcement or interpretation of this Declaration or for damages on account of the breach thereof, the prevailing party or parties to such action or proceeding shall be entitled to recover reasonable attorneys’ fees and costs and expenses of such action or proceeding, including without limitation expert witness costs and fees.
10.8. Condemnation. In the event of condemnation by a duly constituted authority for a public or quasi-public use of all or any part of the Shopping Center, that portion of the award attributable to the value of any land within the Common Area so taken shall be payable only to the Owner thereof and no claim thereon shall be made by other Owners of any other portion of the Shopping Center, provided, however, all other Owners of the Shopping Center may file collateral claims with the condemning authority over and above the value of the land of the area to be taken, and provided further that the Owner of each portion of the area so condemned shall promptly repair and restore the remaining portion of the area owned by such Owner as near as practicable to the condition of same immediately prior to such condemnation. No contribution from any other Owner shall be required by the terms of this Declaration for such repair or restoration. This provision shall not detract from any condemnation provision contained in a lease for property within the Shopping Center.
10.9. Captions. The captions heading the various sections of this Declaration are for convenience and identification only, and shall not be deemed to limit or define the contents of their respective sections.
10.10. Appurtenant. Each and all of the rights granted or created hereunder are appurtenant to the applicable portions of the Shopping Center and none of the rights may be transferred, assigned, or encumbered except as appurtenant to such portions. For the purposes of such rights, the property benefited will constitute the dominate estate, and the particular area in the Shopping Center which is burdened by such rights will constitute the servient estate.
10.11. No Public Dedication. The provisions of this Declaration shall not be deemed to constitute a dedication or a gift for public use or for the public nor to create any rights in the general public.
10.12. California Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California.
10.13. Estoppel Certificates. Each Owner, within thirty (30) days after written request from another Owner, shall execute, acknowledge and deliver an estoppel certificate, in a form proposed by the requesting party and reasonably acceptable to the other party, certified to such requesting Owner or any prospective purchaser, assignee, lessee or mortgagee designated by such requesting Owner, without charge, certifying that (a) this Declaration is in full force and effect, without modification (or if there have been modifications, identifying the modifications);
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(b) there are no existing defaults nor does any set of facts exist which with the passage of time or the giving of notice or both would constitute a default (or if so, specifying the nature and extent thereof); (c) there exist no disputes relative to amounts payable by or to such Owner (or if so, setting forth the nature and amount of the dispute), and (d) such other information concerning the status of this Declaration or the performance of the Owners of their respective obligations hereunder as may be reasonably requested.
SECTION 11.
TERMS AND AMENDMENTS
11.1. Terms. The covenants, conditions and restrictions contained in this Declaration shall run with the land and shall be binding upon each and all of the Owners of any part thereof and upon all persons claiming under them. The easements contained in this Declaration shall remain in perpetuity unless terminated by written and recorded agreement executed by all of the Owners of the Shopping Center.
11.2. Amendments. Subject to Section 12.1 below, this Declaration including without limitation the Site Plan, may be canceled, changed, modified or amended in whole or in part only by a written and recorded agreement executed by the Owners of not less than eighty-five percent (85%) of the land square footage comprising the Shopping Center. Notwithstanding anything to the contrary in this Declaration, any Owners may amend this Declaration by recording a written instrument signed by such Owners to change the Pro Rata Share for such Owners’ parcels so long as the total Pro Rata Share for the parcels are the same before and after such amendment.
11.3. Owner's Association. So long as Developer is the Owner of a Parcel in the Shopping Center, Developer may unilaterally amend this Declaration to provide for the formation of an owners' association ("Association"), which shall be a nonprofit mutual benefit corporation under California state law and an "association" under California Civil Code Section 6528 and in which the Owners of all Parcels shall be members. Such amendment shall include such provisions as may be reasonably necessary for the Shopping Center to constitute a "common interest development" under California Civil Code Section 6534. The voting rights of the Owners in the Association shall be proportionate to their respective Pro Rata Shares. The Association shall have lien rights to enforce its assessments of the Owners as are provided for associations within common interest developments under applicable law. Such amendment shall designate the Association as "Operator" under this Declaration, and the Association shall thereafter serve in such role in perpetuity. Except as provided by applicable law for formation of the Association and the common interest development, such an amendment of this Declaration may not materially modify the rights and obligations of the Owners. All Owners shall execute such documents requested by Developer as may be reasonably required to accomplish and implement the intent of this Section. So long as Developer is the Owner of a Parcel in the Shopping Center, this Section 11.3 may not be amended, and the Association may not be dissolved, without the prior written consent of Developer.
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SECTION 12.
DELEGATION OF POWERS, APPROVALS, RECORDATION AND NOTICES
12.1. Approval Not to be Unreasonably Withheld or Delayed. Whenever the approval or consent of any Owner is required hereunder, such approval or consent shall not be unreasonably withheld or delayed, provided that it is understood that any approvals or consents relative to changes in the Building Areas and/or Common Areas are absolutely discretionary.
12.2. Recordation. This Declaration, executed as of the date hereof, shall take effect only, upon, from and after its recording in the office of the County Recorder of the County of Riverside.
12.3. Notices. Each notice and other communication required or permitted to be given under this Declaration (“Notice”) must be in writing. Notice is duly given to an Owner upon: (i) hand delivery to such Owner, (ii) three (3) business days after the Notice has been deposited with the United States postal service as first-class certified mail, return receipt requested, postage prepaid, and addressed to the Owner, or (iv) the next business day after the Notice has been deposited with a reputable overnight delivery service, postage prepaid, addressed to the Owner as set forth below with next-business-day delivery guaranteed, provided that the sending party receives a confirmation of delivery from the delivery-service-provider. Developer’s address for notices is as follows:
CALIMESA 2 HOLDINGS LLC
55 Saugatuck Ave., 1st Floor
Westport, CT 06880
Each Owner may change its address by written notice to each other Owner given in the manner hereinabove stated.
IN WITNESS WHEREOF, THIS DECLARATION has been executed by the Developer as of the date and year first above written.
DEVELOPER:
CALIMESA 2 HOLDINGS LLC,
a Delaware limited liability company
By:
Name:
Its:
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
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SUBORDINATION
The undersigned, as Beneficiary of the beneficial interest in and under that certain Construction Deed of Trust and Fixture Filing (With Assignment of Rents and Security Agreement) dated October 13, 2022, and recorded on October 17, 2022 in the Official Records of Riverside County, California, as Instrument No. 2022-0431747, which Deed of Trust is between CALIMESA 2 HOLDINGS LLC, a Delaware limited liability company, as Trustor, and WESTERN ALLIANCE BANK, an Arizona corporation, as Trustee and Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions and Restrictions and Grant of Easements (“Declaration”).
By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Shopping Center by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall remain in full force and effect.
Dated: _______________, 20___, WESTERN ALLIANCE BANK, an Arizona corporation
By:
Name:
Its:
By:
Name:
Its:
“Beneficiary”
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (SEAL)
EXHIBIT “A”
LEGAL DESCRIPTION
OF SHOPPING CENTER
That certain real property located in the City of Calimesa, County of Riverside, State of California more particularly described as:
Lots 1 to 10, inclusive, of Tract Map No. 37739, filed in Book _____, Pages ___ to ___, inclusive, of Maps, in the Office of the Riverside County Recorder.
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EXHIBIT “B”
SITE PLAN OF THE SHOPPING CENTER, SHOWING LOCATIONS
OF ALL BUILDINGS AND COMMON AREAS
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EXHIBIT “C”
SIGN CRITERIA
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EXHIBIT “D”
INITIAL PRO RATA SHARES
Parcel
Parcel Area
(square feet)
Pro Rata
Share
Lot 1 109,891 20.90%
Lot 2 62,137 11.82%
Lot 3 45,504 8.65%
Lot 4 80,820 15.37%
Lot 5 30,082 5.72%
Lot 6 24,130 4.59%
Lot 7 28,282 5.38%
Lot 8 34,184 6.50%
Lot 9 63,796 12.13%
Lot 10 46,988 8.94%
525,814 100.00%
City Council Meeting
Agenda Report
Agenda Item No. 15
SUBJECT: SECOND AMENDMENT TO AGREEMENT FOR 6TH CYCLE
HOUSING ELEMENT UPDATE CONSULTING SERVICES
BETWEEN THE CITY OF CALIMESA AND KIMLEY-HORN AND
ASSOCIATES, INC (“CONSULTANT”)
MEETING DATE: June 19, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council approve the Second Amendment for 6 th Cycle Housing
Element update consulting services between the City of Calimesa and Kimley-Horn Associates, Inc. and authorize the Mayor to execute the Agreement.
BACKGROUND/DISCUSSION: The City entered into an agreement with Kimley-Horn for the General Plan 6th Cycle Housing Element update on June 7, 2021 and approved the First Amendment to extend the contract term on June 20, 2022. Since entering into the contract, the consultant has conducted various community meetings, public workshops, and study sessions with the Planning Commission/City Council. This feedback resulted in the preparation and submittal of a completed draft Housing Element update to the State of California Department of Housing and Community Development (“HCD”), who reviews each jurisdiction’s required Housing Element against state housing law. HCD and the City have now worked through three rounds of submittal, comment, and revision. The most recent HCD comment letter (January 2023) focuses on issues such as integration and segregation patterns, disparities in access to opportunity, disproportionate housing needs including displacement, Specific Plan sites, realistic housing capacity in the City, and available or planned zoning for lower-income households.
The consultant is currently drafting revisions in response to the HCD comments received.
The current request is to extend the term of the contract with Kimley Horn to allow the project to continue processing with HCD. Approval of this term extension does not constitute local adoption of the Housing Element update and would not modify or amend the General Plan. Future public hearings/meetings related to local adoption of the Housing Element will occur at a future meeting.
FISCAL IMPACT: As this amendment is only an extension of term and no additional cost, there is no fiscal impact associated with the approval of this amendment.
ATTACHMENTS:
Attachment A: Second Amendment to Agreement for Environmental Consulting Services between the City of Calimesa and Kimley-Horn and Associates, Inc. (“Consultant”) Attachment B: Previously Approved Scope of Work and Fee Proposal
1 SECOND AMENDMENT TO AGREEMENT FOR 6
th CYCLE
HOUSING ELEMENT UPDATE CONSULTING SERVICES
BETWEEN THE CITY OF CALIMESA AND KIMLEYHORN AND ASSOCIATES, INC (“CONSULTANT”) This Second Amendment (herein “Second Amendment”) is entered into this 19th day of June 2023, and is an amendment to that certain Agreement (herein “Agreement”) that was made and entered into on June 7, 2021 and between the City of Calimesa, a California municipal corporation (“City”) and Kimley-Horn, a North Carolina corporation (“Consultant”). City and Consultant may be collectively referred to as “Parties.”
R E C I T A L S
WHEREAS, City has determined that it requires a consultant to provide planning and environmental consulting services;
WHEREAS, Consultant represents that Consultant has the necessary education, experience, skills, and expertise to provide the type of services needed by City to provide planning and environmental consulting services;
WHEREAS, on June 7, 2021, the City entered into an Agreement with Consultant to provide planning and environmental consulting services to the City with an agreed upon cap in payment for all terms of $199,430;
Whereas, on June 20, 2022, the City approved the First Amendment to the Agreement to extend the term until June 7, 2023;
WHEREAS, the Parties now desire to amend the Agreement to extend the term to June 30, 2024, with an option to extend to June 2025.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Subsections 1.A and 1.B of Section 1 (Term) are hereby amended in its entirety to read as follows:
“A. Subject to the terms and conditions set forth in this Agreement, the term (“Term”) of this Agreement shall be for a period commencing on June 8, 2023 (the “Effective Date”), and shall expire thereafter at midnight on June 30, 2024, unless sooner terminated or extended pursuant to this Agreement.
“B. City, at its sole option, may extend the Term of this Agreement for up to one additional Term of one year, by providing written notice to Consultant not less than thirty (30) days prior to the end of an existing Term. If timely elected by City, the one additional Term shall be from July 1, 2024 through and including June 30, 2025, unless sooner terminated in accordance with the provisions of Section 5 of this Agreement. Any such one-year extension shall be conditioned upon the City Council’s prior approval of the additional required funding for such additional one-year Term, and the City Manager’s prior authorization. Any Services performed during the second or third Term shall be compensated according to Section 4 and Appendix A of this Second Amendment.
Attachment 15A
2 Section 2. Except as otherwise amended in the previously approved First Amendment and this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment to the Agreement the day and year first above written.
ATTEST:
By: ____________________________
Darlene Gerdes, City Clerk
“City”
THE CITY OF CALIMESA, a municipal
corporation of the State of California
By:
William Davis, Mayor
APPROVED AS TO FORM:
________________________________
Quinn Barrow
City Attorney
CONSULTANT:
Kimley Horn
By:
Name:
Title:
By:
Name:
Title:
City of Calimesa | Housing Element
City of Calimesa
2021-2029
6 th Cycle Housing Element,
Attachment 15B
1 City of Calimesa | Housing Element
TABLE OF CONTENTS
A. Cover Letter.................................................................................................................................... 2 B. Background and Project Summary ................................................................................................. 4 C. Approach ....................................................................................................................................... 7 D. Methodology………………………………………………………………………………………………...8
E. Staffing ......................................................................................................................................... 17 F. Qualifications ................................................................................................................................ 20 G. Fee Proposal ................................................................................................................................ 24
2 City of Calimesa | Housing Element
February 2, 2021
Ms. Kelly Lucia, Planning Manager
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
RE: 2021-2019 Housing Element Update
Dear Ms. Lucia:
Kimley-Horn provides the City of Calimesa with a team of Housing Element specialists that have a proven record of preparing successful Housing Element Updates and work directly with local communities as trusted advisors in all aspects of Housing Element statutory requirements and policy development. We understand how to effectively tailor and implement State Housing Element Laws to meet your local community needs and use our familiarity with California State Department of Housing and Community Development (HCD) procedures to assist the City in achieving a certified Housing Element.
Kimley-Horn has worked with cities and counties throughout California and our team has collaborated extensively with HCD staff since the early 1990s. Housing Element compliance has become an increasingly daunting task, and the upcoming 6th Cycle will be no exception. Therefore, the City will need a team that has recent, practical experience in Housing Element Updates and understands how to work with HCD, stakeholders, and decision-makers.
The Kimley-Horn team offers the following strengths for your consideration:
Specialists in the Housing Element Certification Process – The Kimley-Horn team has significant staff expertise and knowledge of the requirements for achieving certification by HCD. Our team has years of experience in multiple Housing Element Update cycles and can translate our recent 6th Cycle experience working with HCD in several Southern California jurisdictions to the benefit of the Calimesa.
Kimley-Horn has had tremendous success when collaborating proactively with HCD to achieve statutory compliance.
Understand and have Practical Experience with New Housing Laws – The California legislature has enacted numerous new housing laws in just the past few years. Many of these laws directly affect the analysis and content of the Housing Element. Kimley-Horn is one of the first consulting firms to work under these new statutes, even before HCD has provided local guidance for interpreting them. This means that Calimesa will have a team that possesses an “insider knowledge” of new statutory requirements, and how HCD interprets them during Housing Element compliance review. Based on this experience, Kimley-Horn can inform Calimesa of HCD’s interpretation of these laws and the acceptable methods/analysis/actions the City must employ.
Approach Tailored to Your Success – Kimley-Horn will work closely with Calimesa to provide a scope of services required to support policies and programs that are consistent with the community’s vision. We 1100 W. Town and Country Rd.
Suite 700
Orange, CA
92868
TEL 714 939 1030
FAX 714 621 0368
3 City of Calimesa | Housing Element
have committed a local team of qualified and experienced specialists who are identified in this proposal to help Calimesa develop its housing policy goals. Kimley-Horn’s greatest strength is in our desire to create strong interpersonal relationships with our clients and the stakeholders they serve, resulting in a mutually enjoyable and rewarding work effort. Kimley-Horn will provide local coordination from our Orange and Riverside offices where our planning staff is supported by in-house technical resources.
Comprehensive and Experienced Team – Our Principal in Charge, Dave Barquist, AICP, has a strong record of successful housing program management and State certification of Housing Elements. Our team will work directly with the City to guide the day-to-day tasks of all projects towards successful completion. Our team is supported by a core group of experienced professionals to work with the City.
Quality Documents – Kimley-Horn’s commitment to quality can be attested through the many professional awards received for our projects, and the satisfaction of our clients and the communities they serve. Our documentation is thorough, and the presentation of information is clear, concise, understandable, and defensible. We understand the nuances of creating policy documents that meet State-mandated requirements, while supporting and advancing the local goals and policies of the community.
Commitment to the City of Calimesa – We know that a strong commitment to client satisfaction and a quality product must be the foundation of our service to you. Our local team will allow Calimesa to enjoy immediate access to our team. Kimley-Horn commits to be responsive and available to you when you need us. Our team will provide proactive communication and function as an extension of your staff to the City, so together we can complete this project successfully.
We understand all elements of the City’s needs and are committed to performing the services as outlined in the scope of work provided. Our scope of services assumes completion of this work effort would extend into the state’s 120-day grace period beyond the October 15, 2021 deadline. .
Kimley-Horn appreciates the opportunity to submit this proposal to the City of Calimesa and welcomes the opportunity to work as your trusted advisor and Housing Element team. Please do not hesitate to contact Dave at 714.705.1317, [email protected], or the address on the previous page (our nearest local office to the City) if you have any questions or require additional information. Our proposal price will be valid for a period of at least 180 days.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
David Barquist, AICP Jason Melchor, P.E.
Principal in Charge Associate/Authorized Signer
4 City of Calimesa | Housing Element
B. BACKGROUND AND PROJECT SUMMARY
The City of Calimesa is requesting the services of a highly experienced Housing Element consultant to assist the City in completing the State-Mandated Housing Element Update. The 6th Cycle Housing Element must be updated to comply with the current RHNA process and new statutory requirements.
Kimley-Horn will provide Calimesa with seasoned technical specialists to achieve certification by HCD and approval by the City Council within the timeframe established by state law. Our scope of services provides the necessary tasks to achieve statutory compliance, while providing the City with a locally based policy document that reflects the visions and values of Calimesa.
Unique from prior Housing Element planning cycles, new state legislation has significantly heightened the consequences of not having a certified Housing Element and empowers the state to implement a variety of remedies, such as the provisions of AB 72, to monitor progress and potentially de-certify Housing Elements if they fail to comply with adopted policies/programs in a timely manner.
Our scope of services and project schedule reflects adherence with state mandated deadlines and assumes a schedule that will submit a Housing Element for review to HCD during the 120-day grace period. Due to the late start for the City and the need to accommodate public participation and internal/external review of the draft document, this timing will be necessary. Additionally, due to the limited funding and financing resources currently available to the City for housing-related activities, a certified Housing Element may help to meet eligibility requirements for future state housing funds, grants and other financial assistance. Our strategic approach considers policies and programs that can maximize Calimesa’s potential for acquiring grants and other alternative for funding and financing sources.
To develop effective planning policy in the City of Calimesa, it is important to fully understand the key planning issues in the community. While the Housing Element is a state-mandated policy document, the Housing Element’s policy program is a statement of the City’s vision and community values. During the community engagement process, many of the City’s planning issues will be identified and policy solutions explored.
Understanding of Local Context
Kimley-Horn understands that the City’s 6th Cycle Housing Element Update will substantially differ from the 5th Cycle Update due to new statutory requirements.
As part of the 6th Cycle update, the City will be required to comply with new State law to Affirmatively Further Fair Housing (AFFH), which addresses the equitable dispersion of affordable units throughout the City and the preservation of existing “at-risk” affordable housing stock. Kimley-Horn has recent experience working with HCD, local jurisdictions, and communities to interpret and fairly apply recent AFFH guidance during the 6th Cycle planning period. Our recent experience working on 6th Cycle Housing Elements for SANDAG and SCAG jurisdictions will benefit Calimesa as we understand how to address and analyze these new requirements.
5 City of Calimesa | Housing Element
Approach to Successful Completion and Certification
Kimley-Horn will effectively manage the update process in the spirit of working as an extension of staff in all aspects of the Housing Element Update process as outlined in our scope of services including:
• Preparing a Housing Element Needs Assessment
• Facilitating community outreach and collaborating with City staff to identify key stakeholders • Preparing all Housing Element components required by state law • Serve as the City’s representative and liaison with HCD • Prepare a Public Review Draft Housing Element
• Prepare a Final Draft Housing Element based on public and agency comments • Presenting the Final Draft Housing Element at two public hearings before the Planning Commission and/or City Council
• Facilitating HCD collaboration throughout the certification process • Final Adoption by the Calimesa City Council
Compliance with State Housing Law
The City’s Housing Element must comply with State Housing Element Law to achieve certification by HCD. Kimley-Horn provides Calimesa with a unique understanding of Housing Element Law, and most importantly, how HCD interprets the law. This will assist City Staff and elected officials in understanding the implications of non-certification.
Kimley-Horn will evaluate existing available land resources to accommodate this projected need in compliance with the statutory requirements of AB 2348 and AB 1397. The new requirements applicable to sites analysis is a significant issue that should not be understated. Kimley-Horn’s recent application of these statutory requirements has facilitated the development of an effective approach to identifying, evaluating and selecting appropriate sites. We utilize unique tools and software to identify and evaluate candidate sites to accommodate the City’s future RHNA growth need.
Community Engagement
Kimley-Horn recommends a targeted outreach effort to assist the public, stakeholders, and elected/appointed officials in understanding the update process, its implications, and the various methods of achieving compliance with State Law.
Community engagement in the Housing Element planning process is an important component to an effective and easily implemented policy program. Kimley-Horn’s extensive community outreach experience enables our team to develop effective outreach strategies that achieve community-based support to accurately identify current issues and develop policy that is responsive to The City’s housing needs.
Our team is well-versed in conducting virtual outreach in the current COVID-19 environment. We understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn has employed several strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to
6 City of Calimesa | Housing Element
encourage participation. Because these restrictions are based on the community and County guidance, we will work with the City of Calimesa to find local solutions to outreach to benefit the overall process.
Proactive Engagement with HCD
Kimley-Horn believes it is prudent and sound professional practice to involve HCD staff from the initial stages of the update process. Kimley-Horn has enjoyed a long-term and positive professional relationship with HCD staff. It is intended that HCD will be consulted from the very beginning of the Housing Element Update process. This may involve possible visits with HCD staff, informal discussion on policy and programs, and identification of potential issues within the existing Housing Element. Kimley-Horn will continue interaction with HCD throughout the Housing Element Update process in order to resolve any issues and make certification a seamless process. Based on the our recent experience in the decertification process and the political sensitivities of this process, it is advisable the City take a proactive posture with HCD to ensure communication is open and effective to assist the City in achieving local goals and complying with statutory requirements and avoiding decertification potential in the future.
New Legislative Considerations
The State of California’s recent passing of numerous Housing Bills is indicative of a significant trend towards increasing the expectations on local governments to make their contributions to meeting state housing needs. In our recent experience, Kimley-Horn can testify to the validity of the State’s newer, more aggressive approach to Housing Element compliance. These new laws have a profound affect on the cost and content of the Housing Element Update.
A variety of new laws have been adopted that will influence the City’s policy and program considerations.
We have directly applied these recently enacted laws, negotiated with HCD, and developed workable policy and program solutions for our local government clients. The City of Calimesa will greatly benefit from our recent work as it will enable more efficient review and negotiation with HCD during the certification process.
7 City of Calimesa | Housing Element
C. APPROACH
Kimley-Horn has discussed project needs with City staff and understands the statutory deadline for certification of Housing Elements in the SCAG region is October 15, 2021. Kimley-Horn understands that the City understands the need to extend this deadline into the 120-day grace period to accommodate the work effort.
Kimley-Horn understands that much of the analysis for the Housing Element will rely on data from a variety of sources including American Community Survey, DOF, HUD, SCAG and other federal state and local sources. Getting the most accurate picture of existing and future needs will require the utilization of the most currently available data.
Approach to Successful Update Process
Kimley-Horn will function as an extension of Calimesa staff throughout the planning process to reduce the need for unnecessary staff time and commitments to complete the Housing Element update. The Kimley-Horn team will provide the primary leadership for conducting all aspects of the work effort. As the City’s Housing Element consultant, we recognize that it is our responsibility to conduct the necessary analysis, assist in educating the community, local stakeholders, and elected officials, and use our expertise and experience to assist the City in a successful update process.
The following scope of services is consistent with the City’s requests for services outlined in the RFP and represents an approach to the 6th Cycle Housing Element Update that our team has found to be effective in achieving certification. The 6th Cycle requires analysis, public review periods, and community outreach efforts above and beyond what has been typically included in previous Housing Element Cycles. This scope of services has been tailored to meet the requirements of the update process as outlined by HCD while promoting collaboration with community members, elected officials, and other local stakeholders.
We have also included a Project Schedule at the end of Section D.
8 City of Calimesa | Housing Element
D. METHODOLOGY
Task 1: Scope of Services and Process
Task 1.1: Project Kick-off
Kimley-Horn will participate in a Kick-Off Meeting with City staff to discuss the update process, answer questions, provide data, and exchange other important procedural aspects of the Housing Element Update. The meeting will address the following:
• Review/Modify the Scope of Work and Schedule
• Define Outreach Methodologies
• Data Sharing/Exchanging
• Meetings and Public Engagement
Task 1.1 Deliverables:
• Kick-off Meeting Agenda
• Kick-off Meeting Minutes
Task 1.2: Project Schedule
Kimley-Horn will develop and maintain a project deliverables schedule outlining major milestones, meetings, work products, community outreach events, subcommittee meetings, and public hearings. The Project Team will provide regular tracking and updating of the project schedule so that Calimesa stays on schedule throughout the Housing Element Update process. The project deliverables schedule will include all tasks within the Scope of Work and accommodate anticipated City and agency review times.
Task 1.2 Deliverables:
• Project Schedule (Updated as needed)
Task 2: Project Team Coordination
Task 2.1: Project Management and Coordination Meetings
Kimley-Horn will meet regularly with the project team to coordinate project deliverables, data, and public meetings. The scope and fee provided assume monthly phone meetings will occur throughout the duration of the project and face-to-face meetings when circumstances warrant. It is assumed that five meetings with staff will occur during the update process for project management, project updates and strategy planning. Additional phone conferences and coordination is anticipated to occur throughout the process.
9 City of Calimesa | Housing Element
Task 3: Housing Element Components
Task 3.1: Document Review
Following the Kick-Off Meeting, Kimley-Horn will provide City of Calimesa staff with a listing of pertinent data that is necessary to complete the work program. Kimley-Horn will only request data that is proprietary to the City and not available publicly. Kimley-Horn will review all applicable City, regional, and State documents pertaining to the Housing Element update. This may include various policy and regulatory documents and other assistance programs. Kimley-Horn will be responsible for identifying and resolving any information gaps. Kimley-Horn anticipates a “turnkey approach” for data collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff.
Task 3.1 Deliverable
• Document Library List
Task 3.2: Evaluate the Current Housing Element
As required by State law, Kimley-Horn will review and evaluate the 5TH Cycle 2014-2021 Housing Element and its programs. In general, the task will include a review of the appropriateness of the housing goals, objectives, and polices in contributing to the attainment of the stated housing goal; the effectiveness of the Housing Element in attaining community housing goals and objectives; and the City’s progress in implementing the Housing Element. The report will include the following information:
• Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation
• Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period
• Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies
Task 3.2 Deliverable
• Review of Past Performance Matrix
Task 3.3: Housing Needs, Constraints, Resources, Population, and Housing Profile As required by State law, Kimley-Horn will assess housing needs, constraints, and resources available.
A population and housing profile will be conducted that summarizes, population and household characteristics, analysis of special needs populations, and units at risk of converting to market rate units.
Housing constraints will identify non-governmental, governmental, and environmental constraints that may influence housing. Housing resources such as availability of vacant land, zoning to accommodate RHNA growth needs, and capacities of available sites will be analyzed. Funding and financing resources available to address existing and future housing market conditions and needs will be identified.
Opportunities for energy conservation will also be explored. Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods. It is KimleyHorn’s experience that the new law will necessitate a more detailed study of adequate sites to satisfy HCD standards.
10 City of Calimesa | Housing Element
Task 3.3 Deliverables
• Housing Needs, Constraints, Resources, Population Report • Housing Profile
• Adequate Sites Analysis and GIS Shapefiles
• GIS Based Inventory of Sites
• Data Tables, Maps, and Relevant Text
Task 3.4 Develop Housing Plan
Kimley-Horn will develop a Housing Plan that constitutes the policy component of the Housing Element.
The Housing Plan may include prior policies from the 5th Cycle Housing Element that are still appropriate and will be supplemented by new policies and programs that address new statutory requirements. The Housing Plan will identify policies and programs to address Conservation and Improvement, Availability and Production, Affordability, Removal of Constraints, and Equal Housing Opportunity. Policies and programs will be supplemented with Quantified Objectives by income category.
Task 3.5 Deliverables
• Housing Policy Plan
• List of Quantified Objectives
Task 4: Community Engagement
Task 4.1 Community Outreach Plan
Kimley-Horn will employ an approach to public participation that provides for meaningful input and involvement. Kimley-Horn will conduct a minimum of two community engagement workshops to solicit public comments on the Housing Element Update prior to initiating work on Housing Element components.
Based upon coordination with City Staff, the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies, dates, locations, participants and other relevant data.
This Outreach Program will guide the outreach process for the Housing Element and will be updated as needed.
Utilizing a variety of “tools” such as PowerPoint presentations, informational handouts, visual aids, and Social Media, Kimley-Horn will prepare and deliver materials to help workshop participants understand the update process, issues to resolve (as identified during the current Housing Element Evaluation), and potential solutions. It is assumed that City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing, facilities, set-up for all community engagement activities.
In consideration of the current COVID-19 environment, our team understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn can utilize a variety of strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Those options and opportunities can be further explored during the kickoff meeting.
11 City of Calimesa | Housing Element
Calimesa City Staff will be responsible for coordination and participation associated with venue and event scheduling and public dissemination of information via the City’s website and other methods in collaboration with the City’s public information officer.
Task 4.1 Deliverable
• Draft Community Outreach Plan in electronic format
Task 4.2 Community Workshop #1 – Introduction and Policy Considerations Kimley-Horn will facilitate an initial community workshop with the public and stakeholders to discuss the Housing Element update process. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. The meeting will introduce participants to the RHNA process, Housing Element requirements, legislative requirements and engage in the identification of policy considerations.
Participants will identify challenges, issues, and opportunities facing housing in Calimesa that will inform policy within the Housing Element.
Task 4.2 Deliverables
• Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of Facilitation of Workshop
• Summary Workshop notes
Task 4.3 Community Workshop #2
Kimley-Horn will facilitate a second community workshop with the public and stakeholders to discuss the Public Review Draft Housing Element. Workshop #2 will build upon the information learned from Workshop #1 and provide draft analysis, policies, and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders.
Task 4.3 Deliverables
• Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of Facilitation of Workshop
• Summary Workshop notes
Task 4.4 Community Outreach Survey Tool
Kimley-Horn understands that a flexible community outreach strategy is critical to gathering diverse and meaningful input form the community. The COVID-19 pandemic is altering the way that cities are approaching community outreach during the 6th Cycle Housing Element Update as participants may be less likely to attend traditional community workshops, even when possible. Provided the City would like to explore alternatives or in addition to “in-person” community outreach workshops, Kimley-Horn will provide a web-based community outreach tool that maximizes the level of community engagement. The web-based survey tool includes analytics to evaluate community input on locations for potential housing, housing goals, policies, and programs. The community survey provides an alternative method for gathering public participation that allows residents and stakeholders the flexibility of participating at a time
12 City of Calimesa | Housing Element
that works for their schedule. The tool also provides tangible data that can be incorporated into the Housing Element to quantify the City’s outreach efforts to HCD.
Task 4.4 Deliverables
• Set up, launch and running of outreach survey tool in coordination with City Staff • Summary report of survey results
• Review of survey data and incorporation into the Housing Element Task 4.5 Joint Study Session with City Council and Planning Commission Kimley-Horn will attend and facilitate one (1) joint study session/meeting with the City Council and Planning Commission. The joint body will not take any formal action at this meeting. This meeting will be used for interim discussion prior to formal Public Hearings later.
The Study Session will serve as an educational opportunity to present information on new housing-related state law, elements of the 6th Cycle Housing Element Update process, and other project-related information determined to be important by City Staff. As part of the work plan refinement process, KimleyHorn can discuss with City staff the most effective approach for these meetings, including opportunities for involvement of key stakeholder groups, non-profits, and other members of the community. Additional Study Sessions may be conducted at the request of City Staff as additional services not assumed in this proposal.
Task 4.5 Deliverables
• Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session
• Summary Study Session notes
Task 5: Draft Housing Element
Kimley-Horn will prepare a Screencheck Draft, Public Review Draft, and Final Housing Element.
Task 5.1 Screencheck Draft
Kimley-Horn will prepare and submit a Screencheck Draft Housing Element to the City for review. The Screencheck Draft will be a complete draft document and include all required statutory content. The draft will provide tables, maps, and graphics.
Task 5.1 Deliverables
• One electronic copy (in native file format and PDF format) of the Screencheck Draft Housing Element for City review and comment
• One reproducible copy of the Screencheck draft
Task 5.2 Pre-HCD Submittal Public Review Draft
Kimley-Horn will prepare a Pre-HCD Public Review Draft Housing Element based on feedback received during the public review process to be reviewed prior to the formal submittal to HCD for initial review. The public review of the Draft Housing Element prior to review by HCD has been requested for 6th Cycles to
13 City of Calimesa | Housing Element
make certain that public comments are reflected in the Draft document. Kimley-Horn will provide appropriate responses to public comments on the draft document. This will be beneficial to the City, as issues can be identified and addressed from third parties prior to HCD’s formal review. It is recommended the City permit a 30-day public review period.
Task 5.2 Deliverables
• One electronic copy (in native file format and PDF format) • One reproducible copy
Task 5.3 HCD Submittal
Following all initial community outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the community workshop, and a summary of all other comments received during the public review period described in previous tasks.
The HCD Submittal draft will incorporate all community and stakeholder feedback as well as staff comments based on community/third-party input. Once the Draft Housing Element is finalized, it will be submitted for an initial 60-day review to the Department of Housing and Community Development (HCD) after required meetings and approvals from the Planning Commission and City Council. Kimley-Horn will prepare a transmittal letter to HCD detailing how the Housing Element meets State law requirements.
The Draft Housing Element will be accompanied by a completed Completeness Review Checklist.
Task 5.3 Deliverables
• One electronic copy (in native file format and PDF format) of the HCD Draft Housing Element • electronic copy (in native file format and PDF format) of the transmittal letter and checklist Task 5.4 Response to Comments
Kimley-Horn will coordinate the preparation of responses to any comments or requested revisions to the HCD Review Draft Housing Element. Based on our recent experience, the City should be prepared to receive considerably more comments during this Cycle.
Task 5.4 Deliverables
• Summary Matrix of Response to HCD Comments
Task 5.5 Public Review Draft
Kimley-Horn will prepare a Public Review Draft Housing Element based on comments from HCD for release to the public for review prior to scheduled adoption hearings. Kimley-Horn will resolve any issues and make requested revisions to the Draft to the satisfaction of the City prior to Public Hearing.
Task 5.5 Deliverables
• One electronic copy (in native file format and PDF format) • One reproducible copy
14 City of Calimesa | Housing Element
Task 5.6: Final Draft Housing Element
Following review by HCD, Kimley-Horn will revise the appropriate sections and prepare a Final Draft Housing Element to be presented at public hearings before City Council.
Task 5.6 Deliverable
• One electronic copy (in native file format and PDF format) of the Final Draft Housing Element Task 5.7: Transmittal of Final Adopted Housing Element to HCD Kimley-Horn will transmit the Final Housing Element to HCD for final certification and will maintain ongoing communication with the State until the Housing Element is officially deemed certified. As required by state housing element law, the final adopted document must be provided to HCD prior to deeming the Housing Element certified by the State.
Task 5.7 Deliverable
• Ten (10) bound copies of the adopted Housing Element Document for distribution Task 6: Environmental Compliance
The proposed Housing Element Update is a policy document that addresses the City’s housing need; no actual land development or re-designations/rezoning is currently assumed. Accordingly, a CEQA Initial Study leading to a Negative Declaration (IS/ND) will be prepared to evaluate the Housing Element Update’s potential impacts. This approach assumes that the Housing Element Update will not propose sweeping changes to the City’s adopted housing-related policies and programs and would generally provide for continuation of current policies and programs. As such, the IS/ND will evaluate the Housing Element Update’s potential impacts using existing available information- no technical studies or evaluations are assumed. Where new policies and programs are proposed, it is assumed these would not have any potential to affect the environment. Thus, our proposed approach to the project’s environmental analysis is to focus the IS scope on the housing policies and programs, but not those components with potential to result in physical impacts (e.g., re-designations/rezoning with potential to increase development capacities). For those components, our proposed approach assumes the environmental clearance will be obtained through CEQA documentation for other past and concurrent efforts.
15 City of Calimesa | Housing Element
Tasks 6.1: Public Review Initial Study
Kimley-Horn will prepare a programmatic IS utilizing the State CEQA Guidelines Appendix G Checklist, and will describe the project’s location, environmental setting/baseline conditions, and characteristics.
The IS’ main body will consist of an environmental checklist and the supporting environmental analyses, which will consider the whole action involved with the project. Kimley-Horn will respond to one reconciled set of City comments on the Administrative Public Review IS/ND and will prepare and distribute the Public Review IS/ND.
Task 6.2: Assembly Bill 52/Senate Bill 18 Notifications City staff will be responsible for AB 52/SB 18 notifications and any follow-up consultations; however, Kimley-Horn will provide consultation support if requested by City staff. A maximum of four hours is assumed for this task.
Task 6.3: CEQA Notices
Our team will prepare, distribute, and file the IS/ND CEQA Notices (i.e., NOI/NOC/NOD). The Notices will be distributed via certified mail to all responsible, trustee, and interested agencies, community groups, and individuals, and filed with the County Clerk and State Clearinghouse. Distribution will be based upon a city-provided distribution list. This Scope excludes any required radius mailing, newspaper notices, and payment of California Department of Fish and Wildlife (CDFW) fees, if required.
Tasks 6.4: Responses to Comments Technical Memorandum (TM) and Mitigation Monitoring and Reporting Program (MMRP)
Kimley-Horn will prepare the Administrative Responses to Comment TM to include: 1) List of commenting persons/organizations/public agencies; 2) Comment letters; and 3) Responses to relevant environmental issues raised in comments. We will respond to written comments received on the IS/ND during the public review period, and any additional comments raised during public meetings. Because the extent of comments that will result from the public review process is presently unknown, Kimley-Horn has budgeted conservatively, assuming a maximum of 20 hours for completion of the Administrative Responses to Comments TM. Kimley-Horn will provide City with an augment should additional effort be needed based on complexity/volume of comments. Kimley Horn will also prepare the MMRP pursuant to CEQA requirements.
The Kimley-Horn team will complete the Responses to Comments TM and MMRP pursuant to one reconciled set of City comments. We will also submit proposed responses to commenting agencies.
Task 6.5: Environmental Project Management and Meetings Our CEQA team will be responsible for management of our environmental process and ongoing consultation with the City. The CEQA team will review the environmental documentation for CEQA compliance and coordinate with planning and support staff toward document completion.
Task 6.6: Environmental Meetings
Key staff will attend meetings/hearings/calls and represent the project team, as appropriate. Key is the Project Kick-Off Meeting to establish the CEQA Project, analysis parameters, construction details,
16 City of Calimesa | Housing Element
buildout conditions, scheduling, and overall communications protocol. A maximum of 30 hours of technical staff time is assumed for this task; including preparation, attendance, and follow-up, as appropriate.
Task 6 Deliverables:
• Draft and Final Project Description
• Draft and Final CEQA Notices
• Draft and Final Public Review IS/ND
• Draft and Final Responses to Comments TM & MMRP
Task 7: Public Hearings
The Kimley-Horn team will prepare for and attend up to two (2) total Public Hearings. These meetings include one (1) Planning Commission and one (1) City Council Public Hearing. Kimley Horn will prepare a PowerPoint presentation and be prepared to answer questions.
Task 7 Deliverables
• One electronic copy (in native file format and PDF format) of the PowerPoint presentation • Attendance by up to two (2) Kimley-Horn staff members Proposed Draft Project Schedule
MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB
TASK1: PROJECT TEAM COORDINATION
1.1 Project Kick Off
1.2 Project Schedule
TASK 2: PROJECT TEAM COORDINATION
2.1 Project Team Coordinations
TASK 3: HOUSING ELEMENT COMPONENTS
3.1 Document Review
3.2 Evaluate Current Housing Element
3.3 Needs/Constraints/Resources
3.4 Housing Plan
TASK 4: COMMUNITY ENGAGEMENT
4.1 Outreach Plan
4.2 Workshop #1
4.3 Workshop #2
4.4 Outreach Survey Tool (optional)
4.5 Joint Study Session w/ PC and CC
TASK 5: DRAFT HOUSING ELEMENT
5.1 Screencheck Draft
5.2 Pre HCD Submittal Public Review
5.3 HCD Submittal
5.4 Response to Comments
5.5 Public Review Draft
5.6 Final Draft Housing Element
5.7 Transmitall and Final Adoption to HCD
TASK 6: ENVIRONMENTAL COMPLIANCE
TASK 7: PUBLIC HEARINGS (1 PC / 1 CC)
CITY OF CALIMESA HOUSING ELEMENT UPDATE - ESTIMATED SCHEDULE
City of Calimesa | Housing Element 17
E. STAFFING
We offer a highly skilled, experienced, and responsive team of professionals that have a proven record of successfully working municipalities on Housing Element requirements and policies, and the preparation of Housing Element Updates. Our team is led by project manager Dave Barquist, AICP, and is supported by a highly integrated team that offers a depth of Housing Element knowledge and demonstrated leadership in helping local agencies meet Housing Element requirements. We have included brief summary resumes for our key team members on the following pages.
DAVE BARQUIST, AICP
Principal-in-Charge, Planning/Policy, Outreach
Dave has over 25 years of public and private sector planning experience, including extensive policy and program analysis for local and regional Housing Elements that encompasses constraints and resources analysis, housing needs assessments, conditions surveys, and housing affordability studies. His experience includes direct involvement in the management and preparation of more than 50 Housing Element Updates in all RHNA planning periods since the 1990s.
Sample of Recent Relevant Experience
Encinitas 6th Cycle Housing Element, Encinitas, CA – Project Manager Del Mar 6th Cycle Housing Element, Del Mar CA – Project Manager Solana Beach 6th Cycle Housing Element, Solana Beach, CA – Principal in Charge
Coronado 6th Cycle Housing Element, Coronado, CA – Project Manager County of Orange 6th Cycle Housing Element, Orange County, CA – Project Manager
City of Fountain Valley Housing Element, Fountain Valley, CA – Project Manager City of Anaheim Housing Element, Anaheim, CA – Project Manager City of Orange Housing Element, Orange, CA – Project Manager City of Placentia Housing Element, Placentia, CA – Project Manager Professional
Credentials
• Bachelor of Science,
Urban and Regional
Planning, California
State Polytechnic
University, Pomona
• American Institute of
Certified Planners
(AICP) #013476
• American Planning
Association
City of Calimesa | Housing Element 18
RITA GARCIA
Environmental Analysis
With more than 30 years of experience, Rita has provided environmental and planning services to a broad range of public and private sector clients. She specializes in managing and contributing to CEQA/NEPA documents and regulatory permitting for a broad range of policy-level, multi-component projects, including Housing Elements, General Plans, and Specific Plans. She has been involved with varied policy documents involving new development and redevelopment, and facility and infrastructure components in sensitive environments, with substantial public involvement and controversy.
Sample of Recent Relevant Experience
Encinitas 2013-2021 Housing Element Supplemental PEIR, Encinitas, CA – Environmental Manager
City of Riverside 2014-2021 Housing Element Addendum EIR, Riverside, CA – Project Manager
Murrieta General Plan 2035 Program EIR, Murrieta, CA – Senior Analyst City of Riverside 2014-2021 Housing Element Update Implementation Plan EIR, Riverside, CA – Project Manager
MOLLY MENDOZA
Planning/Policy, Outreach
Molly is a planner with experience in planning, development, and design. Molly also specializes in community engagement. She has experience analyzing community outreach results, participating in outreach events, and engaging local stakeholder in project planning. Before coming to Kimley-Horn, Molly worked as a planning intern with the City of Anaheim and as a policy analyst with Housing Long Beach.
Sample of Recent Relevant Experience
Rialto Housing Element Update, Rialto, CA – Planning Analyst Rancho Los Amigos South Campus Specific Plan, Downey, CA – Planning Analyst
County of Orange 2021-2029 Housing Element Update, Orange County, CA – Planning Analyst
City of Orange 2021-2029 Housing Element Update, Orange, CA – Planning Analyst
Del Mar 2021-2029Housing Element Update, Del Mar, CA – Planning Analyst Encinitas 2021-2029 Housing Element Update, Encinitas, CA – Planning Analyst Housing Element Update, Solana Beach, CA – Planning Analyst Professional
Credentials
• Bachelor of
Science, Urban and
Regional Planning,
California State
Polytechnic
University, Pomona
Professional
Credentials
• Master of Urban
and Regional
Planning, University
of California, Irvine
• Bachelor of Arts,
History, California
State University,
Long Beach
City of Calimesa | Housing Element 19
INES GALMICHE
Planning/Policy, EJ Analysis
Ines is a planning analyst with experience in both the public and private sector. She specializes in sustainability and equity, and her work focuses on planning analysis, policy review, and community outreach. Ines has experience in ensuring project compliance, engaging with the public, participating in outreach events, and in research analysis. Before coming to Kimley-Horn, Ines worked as an Assistant Planner at City of Costa Mesa.
Sample of Recent Relevant Experience
Housing Element Update, Costa Mesa, CA – Planning Analyst Housing Element Update, Pico Rivera, CA – Planning Analyst Housing Element, Anaheim, CA – Planning Analyst
Housing Element Update, Orange County, CA – Planning Analyst County of Orange Safety Update, Orange County, CA – Planning Analyst Solana Beach Safety Element Update, Solana Beach, CA – Planning Analyst
MATT HORTON, AICP
GIS/Graphics/Planning/Policy
Matt is a planner with more than eight years of experience in land use planning, mobility planning, and GIS analysis. Matt specializes in the development of community plans that thoughtfully consider the interrelationship between mobility and land use. His time at Kimley-Horn has been focused on improving public policy decision making through spatial analytics, scenario planning, and geographic information systems.
Sample of Recent Relevant Experience
Housing Element Update, Encinitas, CA – Project Planner Housing Element Update, Solana Beach, CA – Project Planner Red Hill Corridor Specific Plan and EIR, Tustin, CA – GIS Specialist On-Call Civil and Traffic Engineering, Carlsbad, CA – Project Planner Parking Management Plan, Village and Barrio, Carlsbad, CA – Project Planner Trolley Program Feasibility Study, Carlsbad, CA – Project Manager Balboa Avenue Transit Station Specific Plan, San Diego, CA – Project Planner Corridor Planning II Process Zoning Code and Map Update for the General Plan 2030 Update, Santa Cruz, CA – Analyst
Professional
Credentials
• Master of Urban
and Regional
Planning, University
of California, Irvine
• Bachelor of Arts,
Sociology,
University of
California, Santa
Cruz
Professional
Credentials
• Master of Urban
and Regional
Planning, University
of Minnesota
• Bachelor of Arts
(Geography and
History, Minor in
Political Science),
Gustavus Adolphus
College
• American Institute
of Certified
Planners (AICP)
#027891
City of Calimesa | Housing Element 20
F. QUALIFICATIONS
Kimley-Horn is a full-service planning, environmental, and engineering consulting firm providing services to public and private clients nationwide. We offer the City of Calimesa a staff of experienced planners, public policy specialists, and environmental analysts working within a collaborative environment that includes a multidisciplinary team of more than 500 planning and design professionals in 11 offices throughout California, including our offices in Orange, San Diego, Los Angeles, and Riverside.
Our Housing Element team is based out of our local Orange and Riverside ofifces and includes a team of policy and environmental planners with years of experience successfully interpreting and implementing State housing legislation to achieve HCD certification for jurisdictions across California. The team assigned to the City includes housing element and planning specialists that work daily with public sector clients, providing hands-on, turnkey services to cities, counties, and other state and local agencies throughout California.
Our team has worked on numerous housing elements in the local area and statewide. Our experience includes working with several jurisdictions to gain mid-cycle certification. These jurisdictions were some of the first to incorporate the requirements of 2017-2019 State housing legislation in order to achieve HCD certification. Kimley-Horn is currently working with several SANDAG and SCAG jurisdictions on 6th Cycle Updates. Our team works diligently to stay up to date on current legislation and works directly with jurisdictions and HCD on the appropriate implementation of new legislation regarding Affirmatively Furthering Fair Housing (AFFH), AB 1397 candidate sites analysis, AB 686 compliance and other applicable statutory requirements. Our team will use our years of experience and understanding of the Housing Element process to provide a turnkey experience for the City.
With this experience, we have developed a deep understanding of the Department of Housing and Community Development (HCD) certification process and utilize our longstanding relationship with HCD to our clients’ advantage. We are proud to be able to say that every Housing Element we’ve worked on has achieved certification by HCD!
City of Calimesa | Housing Element 21
Recent Housing Element Experience
The following are a sample of additional Housing Element Update projects completed by members of our team.
Housing Element Cycle/Year Certified Housing Element Cycle/Year Certified Anaheim Housing
Element
(4th cycle - Certified in
2009)
Indian Wells Housing
Element
(5th cycle – Certified in
2014)
Anaheim Housing
Element
(5th cycle- Certified
2014)
Indio Housing Element (4th cycle - Certified in
2009)
Antioch Housing
Element
(4th cycle - Certified in
2010)
La Mirada Housing
Element
(5th cycle - Certified in
2014)
Calimesa Housing
Element
(5th cycle - Certified in
2013)
Los Alamitos Housing
Element
(4th cycle - Certified in
2010)
Artesia Housing
Element
(4th cycle - Certified in
2011)
Lynwood Housing
Element
(4th cycle - Certified in
2010)
Carmel Housing
Element
(4th cycle - Certified in
2010)
Montclair Housing
Element
(4th and 5th cycle –
Certified in 2014)
Chula Vista Housing
Element
(4th cycle - Certified in
2007)
Murrieta Housing
Element
(6th cycle – In
progress)
City of Chino Housing
Element
(6th Cycle – In
progress)
Orange Housing
Element
(4th cycle - Certified in
2010)
Costa Mesa Housing
Element
(6th Cycle – In
progress)
Orange Housing
Element
(5th cycle- Certified in
2014)
Del Mar Housing
Element
(6th Cycle – In
progress)
Orange Housing
Element
(6th Cycle – In
progress)
El Monte Housing
Element
(5th cycle - Certified in
2013)
County of Orange
Housing Element
(6th Cycle – In
progress)
Encinitas Housing
Element
(6th Cycle – In
progress)
Placentia Housing
Element
(4th cycle - Certified in
2010)
Fontana Housing
Element
(4th cycle - Certified in
2010)
Rialto Housing
Element
Mid-Cycle Update – In
progress
Fontana Housing
Element
(5th cycle- Certified in
2014)
Salinas Housing
Element
(4th cycle - Certified in
2011)
Fountain Valley
Housing Element
(5th cycle, Certified in
2014)
Saratoga Housing
Element
(4th cycle - Certified in
2010)
Fullerton Housing
Element
(4th cycle - Certified in
2010)
Solana Beach Housing
Element
(6th Cycle – In
progress)
Gilroy Housing
Element
(Found in compliance
by HCD in 2011)
Stanton Housing
Element
(4th cycle - Certified in
2009)
Calimesa Housing
Element
(5th cycle - Certified in
2014)
Truckee Housing
Element
(4th cycle - Certified in
2009)
City of Calimesa | Housing Element 22
References
The Kimley-Horn team is proud of its successful track record of Housing Element updates for both the 4th cycle and 5th cycle RHNA planning periods. Below is a sample of the Housing Elements our key staff has completed.
City of Rialto Housing Element (5th Cycle), Rialto, CA
Kimley-Horn assisted the City of Rialto with the 2014-2021 Housing Element update. The City missed the statutory deadline to complete their 5th cycle Housing Element and completed the Housing Element to meet requirements of AB 1233. Kimley-Horn assisted the City with an updated land inventory analysis to accommodate both the 4th cycle and 5th cycle RHNA needs of the City. The update includes revisions to the City’s housing profile, updated governmental and non-governmental constraints to the development of housing, a progress report on the performance of the existing Housing Element, and a revised Housing Plan.
Reference: Karen Peterson, Senior Planner, City of Rialto, 909.820.2505, [email protected] Dates: 2016 – 2020
Team Members: Dave Barquist – Project Manager, Nick Chen – Assistant Project Manager, Molly Mendoza – Planning Analyst
City of Chino Housing Element (6th Cycle), Chino, CA
Kimley-Horn is assisting the City of Chino with the 6th Cycle Housing Element update. They will be considering considerable growth due to draft RHNA allocations and must deal with limitation imposed by local growth control legislation. The Kimley Horn team is developing a unique outreach program in consideration with COVID-19 and will be engaging an AdHoc Housing Committee through the planning process.
Reference: Warren Morelion, City Planner, City of Chino 909.334.3332, [email protected] Dates: 2020
Team Members: Dave Barquist – Project Manager, Nick Chen – Assistant Project Manager, Molly Mendoza – Planning Analyst
City of Calimesa | Housing Element 23
City of Solana Beach Housing Element (6th Cycle), Solana Beach, CA Kimley-Horn is assisting the City of Solana Beach with the 6th Cycle Housing Element update. They will be considering developing policies and programs for a built-out coastal community with almost no vacant land and must deal with limiting land use policies. The Kimley Horn team has developed a comprehensive analysis of sites in consideration of a substantial growth in 6th Cycle RHNA calculations.
Reference: Joseph Lim, Director, City of Solana Beach 858.720.2434, [email protected] Dates: 2020
Team Members: Dave Barquist – Principal, Nick Chen –Project Manager, Molly Mendoza – Planning Analyst
City of Encinitas Housing Element (5th Cycle and 6th Cycle), Encinitas, CA Kimley-Horn is currently assisting the City with their Housing Element Update for the RHNA 5th and 6th Cycle planning periods. Kimley-Horn worked extensively with City staff, elected official, legal counsel, HCD and the public to develop policy solutions. Aside from completing the technical analysis associated with updating a Housing Element, the process has included numerous outreach events, including stakeholder meetings, community forums, open houses, and public working sessions. Each step of the process has included components to inform and engage the community to make certain that their feedback is incorporated into the Housing Element Update whenever feasible.
Reference: Jennifer Gates, Principal Planner, City of Encinitas, 760.633.2714, [email protected] Dates: 2017 – Present
Team Members: Dave Barquist – Project Manager, Nick Chen – Assistant Project Manager, Molly Mendoza – Planning Analyst, Rita Garcia – Environmental Manager, Brian Leung – Environmental Analyst
City of Calimesa | Housing Element 24
G. FEE PROPOSAL
Principal Manager/ PM Associate
Planner
Asst Plnr /
Support
$290 $165 $130 $120
TASK 1: PROJECT KICKOFF AND SCHEDULE
1.1 Project Kick Off 4 4 4 $2,340
1.2 Project Schedule 1 2 2 $880
TASK 2: PROJECT TEAM COORDINATION
2.1 Project Team Coordination 30 30 16 10 $16,930
TASK 3: HOUSING ELEMENT COMPONENTS
3.1 Document Review 2 8 8 $2,940
3.2 Evaluate Current Housing Element 4 6 8 $3,190
3.3 Needs/Constraints/Resources 12 80 160 40 $42,280
3.4 Housing Plan 4 20 24 $7,580
TASK 4: COMMUNITY ENGAGEMENT
4.1 Outreach Plan 1 2 6 $1,400
4.2 Workshop #1 5 8 26 4 $6,630
4.3 Workshop #2 5 8 26 4 $6,630
4.4 Outreach Survey Tool 1 4 24 2 $11,810
4.5 Joint Study Session w/ PC and CC 8 8 20 $6,240
TASK 5: DRAFT HOUSING ELEMENT
5.1 Screencheck Draft 6 20 50 20 $13,940
5.2 Pre HCD Submittal Public Review 6 20 20 20 $10,040
5.3 HCD Submittal 6 4 8 $3,440
5.4 Response to Comments 6 20 24 6 $8,880
5.5 Public Review Draft 4 8 20 6 $5,800
5.6 Final Draft Housing Element 2 4 8 4 $2,760
5.7 Transmitall and Final Adoption to HCD 1 4 $810
TASK 6: ENVIRONMENTAL COMPLIANCE 45 40 45 90 $36,300
TASK 7: PUBLIC HEARINGS (1 PC / 1 CC) 10 14 20 $7,610
Expenses (travel, copies, etc.). Estimated during COVID restrictions $1,000 TOTAL ESTIMATED FEE 159 306 499 226 $199,430
Total
Cost
CITY OF CALIMESA HOUSING ELEMENT UPDATE - ESTIMATED FEES TASK
Note: Kimley-Horn reserves the right to reallocate staffing resources and budget amongst tasks if necessary, not to exceed total approved fees.
City Council Meeting
Agenda Report
Agenda Item No. 16
SUBJECT: FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES (ON-CALL PLANNING) WITH MICHAEL
BAKER INTERNATIONAL, INC.
MEETING DATE: June 19, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: It is respectfully recommended that the City Council approve Amendment No. 1 to the Agreement for professional consulting services (on-call planning) between the City of Calimesa and Michael Baker International, Inc. (“MBI”).
BACKGROUND/DISCUSSION: As the Council is aware, the City is currently experiencing a great deal of proposed entitlement and development activity. This development activity is occurring in the City’s downtown area and existing core, within the Summerwind Ranch Specific Plan area, the Mesa Verde Specific Plan area, the proposed Oak Valley North Specific Plan area, and others. The Planning Department is currently staffed with two full-time employees – one Planning Director and one Associate Planner. With the recent approval of the 2023-24 Fiscal Year budget, the department will also include one Planning Technician to provide expanded and enhanced counter services. Due to the volume and complexity of the development that is occurring, the City is in need of supplemental professional services. The City previously contracted with MBI, which has successfully provided on-call planning services since February 2022.
The proposed consultant, MBI, has a qualified team that is capable of providing the full range of skills including planning-related development and land use project review/entitlement processing, public counter services, plan check services, map review, CEQA document preparation, regulatory permitting support, and peer reviews of CEQA documents and associated technical reports. The MBI team includes senior planning and CEQA practitioners who have provided services as extension of staff for a variety of local agencies, including Riverside County Planning Department, City of Eastvale, City of Banning, City of Yucaipa, City of Redlands, City of Grand Terrace, and San Bernardino County Transportation Authority (SBCTA). MBI offers planning services out of their Palm Desert office with additional support from their Inland Empire offices in Temecula and Ontario.
The proposed scope of the consultant’s work will include the following:
On call planning services to include a wide range of planning and entitlement projects, including specific plans, General Plan amendments, tentative tract/parcel maps, conditional use permits, development plan reviews, and other miscellaneous tasks as assigned in writing by the Calimesa Planning Director.
This agreement, as amended, contains an initial term (which occurred February 19, 2022-June 30, 2022), an automatic one-year extension (July 1, 2022-June 30, 2023) and a provision for two possible one-year extensions (with authorization of the City Manager), services to be performed, a statement of qualifications, and payment rates.
FISCAL IMPACT: The total contract compensation amount is $360,000, with a not-to-exceed amount of $60,000 for the initial term, and $100,000 for each additional term (i.e. fiscal year). It is anticipated that all charges related to this contract will be borne by development project deposits.
Thus, there is no General Fund impact anticipated by this contract.
ATTACHMENTS:
Attachment A: First Amendment to Agreement for Professional Services Between the City of Calimesa and Michael Baker International, Inc - with Exhibit A (Services, Duties, and Tasks to be Performed) and Exhibit B (Statement of Qualifications with Cost Proposal)
1 FIRST AMENDMENT TO AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF
CALIMESA AND MICHAEL BAKER INTERNATIONAL,
INC. (“CONSULTANT”)
This First Amendment (herein “First Amendment”) is entered into this 19th day of June 2023 and is an amendment to that certain Agreement (herein “Initial Agreement”) that was made and entered into on February 22, 2022 by and between the City of Calimesa, a California municipal corporation (“City”) and, Michael Baker International, Inc., a Pennsylvania corporation (“Consultant”). City and Consultant may be collectively referred to as “Parties.”
R E C I T A L S
WHEREAS, City has determined that it requires a consultant and independent contractor to provide certain planning consulting services for City; WHEREAS, Consultant represents that Consultant has the necessary education, experience, skills, and expertise to provide the type of services needed by City to provide planning consulting services;
WHEREAS, on February 22, 2022, the City entered into an Initial Agreement with Consultant to provide planning consulting services to the City with an agreed upon cap in payment for all services provided of $60,000.00 per term;
WHEREAS, Consultant performed planning services during the previous contract term in a satisfactory manner; and
WHEREAS, the Parties now desire to amend the Agreement to extend the term and set compensation for the additional term and any extensions thereto.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Section 1 (Term) is hereby amended in its entirety to read as follows:
“A. Subject to the terms and conditions set forth in this Agreement, the term of this Agreement shall commence on February 22, 2022, and shall continue thereafter, through and including June 30, 2022, unless sooner terminated or renewed pursuant to the provisions of this Agreement.”
B. This Agreement shall automatically renew for a period of one (1) additional year, from July 1, 2022 through June 30, 2023, unless notice of intent not to renew is made by either party, in writing, delivered to the other, thirty (30) days prior to its expiration date. City, at its sole option, may extend the term of this Agreement for up to two additional terms of one year each, by providing written notice to Consultant not less than thirty (30) days prior to the end of an existing term. If timely elected by City, the second additional term shall be from July 1, 2023 through and including June 30, 2024, unless sooner terminated in accordance with the provisions of Section 5 of this Agreement. If timely elected by City, the third additional term shall be from July 1, 2024 through and including June 30, 2025, unless sooner terminated in accordance with the provisions of Section 5 of this Agreement. Any such one-year extension shall be conditioned upon the City Council’s prior approval of the additional required funding for such additional oneAttachment 16A
2 year term. The City Manager is able to authorize term extensions. Any Services performed during the automatic renewal period and any subsequent additional terms shall be compensated according to Section 4, as amended in Sections 2 and 3 of the First Amendment.” Section 2. Subsection 4.A of Section 4 (Payment) is hereby amended in its entirety to read as follows:
“A. City shall pay Consultant monthly for Services actually provided, in accordance with the Cost Proposal attached to the Amendment as Exhibit B, and incorporated herein by this reference as though set forth in full. Payment under this Agreement shall be based upon actual time spent on the Services. The total compensation paid to Consultant for the initial term shall not exceed Sixty Thousand Dollars ($60,000). Each additional one-year term of this Agreement shall not exceed One Hundred Thousand Dollars ($100,000.00), unless additional compensation is authorized by the City Manager as provided in Subsection B of this Section 4.
City shall not pay or reimburse Consultant for any of its expenses, including but not limited to taxes, insurance, Consultant’s employee salaries and fringe benefits, as well as indirect costs, overhead and profit allowance, vehicles, travel, equipment, materials and supplies, except as otherwise authorized in the Cost Proposal. In no event shall the total amount paid to Consultant, including compensation and reimbursement for the items listed in the Schedule of Charges, exceed each term’s maximum compensation authorized by the City.” Section 3. Subsection 4.B of Section 4 (Payment) is hereby amended in its entirety to read as follows:
“B. The City Manager may authorize an increase in compensation to Consultant, without approval by the City Council, in an amount not to exceed an additional ten percent (10%) of that term’s maximum compensation. Any proposed increases in compensation that would exceed a 10% increase for each term shall require an amendment to this Agreement, approved by the City Council, in accordance with Subsection C of this Section 4.” Section 4. Exhibit A and Exhibit B constitute a part of the Agreement and are incorporated into this Amendment by this reference. If any inconsistency exists or arises between a provision of this Amendment and a provision of any exhibit, or between a provision of this Amendment and a provision of Consultant’s proposal, the provisions of this Amendment shall control.
Section 6. Internal Consistency. This Amendment and its Exhibit A and Exhibit B amend the Agreement and its Appendices. Prior to execution, the City Clerk shall make any necessary changes to this Amendment and the letter designation of appendices and exhibits, including, if necessary, removing superseded or inapplicable attachments for internal consistency, and attach to the Agreement the Exhibit A (Services, Tasks, and Duties to be Performed) and Exhibit B (Statement of Qualifications with Cost Proposal) attached to this Amendment.
Section 7. Except as otherwise amended in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement the day and year first above written.
3 ATTEST:
By: ____________________________
Darlene Gerdes, City Clerk
“City”
THE CITY OF CALIMESA, a municipal
corporation of the State of California
By:
William Davis, Mayor
APPROVED AS TO FORM:
________________________________
Quinn Barrow
City Attorney
CONSULTANT:
Michael Baker International, Inc.
By:
Name:
Title:
By:
Name:
Title:
4 Exhibit A
SERVICES, TASKS, AND DUTIES TO BE PERFORMED (“SERVICES”) On call planning services to include a wide range of planning and entitlement projects, including specific plans, General Plan amendments, tentative tract/parcel maps, conditional use permits, development plan reviews, and other miscellaneous tasks as assigned in writing by the Calimesa Planning Director.
5 Exhibit B
Statement of Qualifications with Cost Proposal
Page | 1
June 1, 2023
Kelly Lucia, Planning Director
City of Calimesa Community Development Department, Planning Division 908 Park Avenue
Calimesa, CA 92320
RE: STATEMENT OF QUALIFICATIONS: ON-CALL FOR DEVELOPMENT REVIEW CONSULTING SERVICES Dear Ms. Lucia,
Over the last year, Michael Baker International Inc. has enjoyed its relationship with the City of Calimesa where we have come to learn the preferences and best practices of the City. We are pleased to submit this Statement of Qualifications for On-Call Development Review Consulting Services to continue our services. We understand the demands placed on planning and development departments in small jurisdictions and are committed to continuing helping the City with cost-effective solutions and flexible approaches.
With that in mind, we have assembled a uniquely qualified team that is capable of providing the full range of skills including planning-related development and land use project review/entitlement processing, public counter services, plan check services, map review, CEQA document preparation, regulatory permitting support, and peer reviews of CEQA documents and associated technical reports. Our team includes senior and associate planning and CEQA practitioners who have become known entities to the City. We are proud to offer planning services out of our Palm Desert office with additional support from our Inland Empire offices in Temecula and Ontario.
Michael Baker has a long history of routinely assisting local municipalities, including serving as staff extension for planning and environmental departments, and understands the unique skills required to support agencies in this capacity. Our proposed team has extensive experience in both CEQA and in local community planning. Additionally, our staff have a unique advantage in our ability to draw from the broad Michael Baker team with experience in urban design, housing policy, regulatory permitting, engineering, surveying, and construction services to help you successfully move projects through the pipeline from pre-application to final inspection. Our experience and advantages of being a multi-disciplinary firm allow us to respond to projects quickly and find effective solutions. Our team offers the following key benefits for the City’s consideration:
• Dedicated Project Manager: Ms. Emily Elliott, AICP, would continue serving as Project Manager providing oversight of the project team. She has experience managing on-call services contracts for both planning and environmental services for a range of agencies throughout the Inland Empire. • On-Call and In-House Staffing Service Capabilities: Michael Baker has provided on-call services and “in-house” staffing to public sector clients and utility providers since its inception. In Southern California we have provided oncall services to communities of all sizes, including ongoing services to the cities of Eastvale, Rancho Cucamonga, Redlands, Chino Hills, Grand Terrace, Needles, and Banning as well as for the County of San Bernardino, SBCTA, and County of Riverside.
• Experienced Core-Project Team: Our Southern California offices are home to several experienced planners who are well equipped to serve the City. We understand the City’s desire to work with a small and dedicated team to ensure Contact Information:
Emily Elliott, AICP
3536 Concours Road, Suite 100
Ontario, CA 91764
(909) 974-4961
[email protected]
Page | 2
continuity and consistency. Ms. Tamara Harrison, Principal Planner, would be the primary planner assigned to the City, particularly for assignments requiring a strong comprehension of local issues. She will be supported by Ms.
Emily Elliott and Mr. Alex Chapman, both of whom have extensive public sector resumes. Their experience includes light warehouse development, residential and campus specific plans, new and in-fill downtown development, cannabis cultivation entitlement, and historic preservation and adaptive reuse.
We appreciate the City’s consideration of our proposal. Should you have any questions or wish to discuss the details of Michael Baker’s proposal, please do not hesitate to contact Emily Elliott at (909) 974-4961 or [email protected].
Sincerely,
Peter Minegar, AICP Emily Elliott, AICP
Vice President Associate Vice President
Principal in Charge Contract Manager
Firm Experience
Page | 3
Company Profile
Founded in 1940 and celebrating 81 years of supporting our local communities, Michael Baker International, Inc. (Michael Baker) is a leader in environmental, planning, engineering, consulting, and technical/professional services with a local focus and global reach. Michael Baker has 100 offices and over 3,000 employees worldwide and offers innovative solutions, technical specialization, and responsive project management. The company provides comprehensive planning services in support of federal, state, and municipal governments, public utilities, special districts, and private developers in a host of professional disciplines including:
• Municipal Planning Services
• Land Use Planning
• Due Diligence and Entitlement
• Environmental analysis and compliance services,
• Jurisdictional Waters and Wetlands Delineations
• Streambed and Wetlands Permits
• Special Status Species Surveys and Permits
• Habitat Conservation Planning
• Public outreach and engagement
• Landscape architecture and architecture
• Geographic Information Systems (GIS) services
• Air Quality and Greenhouse Gas Emissions Modeling
• Visual Resource Analyses and Shade/Shadow Studies
• Transportation and traffic planning and engineering
• Storm water and water quality engineering
• Civil, structural, mechanical, and electrical engineering • Survey and mapping; water and wastewater engineering
• Construction management services
Qualifications
The work provided for this on-call contract with the City will be managed from Michael Baker’s Ontario office, with technical support from our Temecula and Palm Desert Offices. Additional support from our regional, and statewide offices is available, as needed. Michael Baker has over 150 planners located in California, who are supported by a team of staff across the U.S. that we can draw upon if requested. The current workload across our Inland Empire/Coachella Valley offices is well organized and local staff are available to the City for the duration of this contract. Michael Baker's local staff is experienced in processing land use entitlements for public agencies and has successfully completed entitlement for a wide variety of project types.
COMPANY OVERVIEW
YEAR FOUNDED: 1940
CONTACT PERSON:
Emily Elliott, Contract Manager
3536 Concours Street, Suite 100
Ontario, CA 91764
[email protected]
Work (909) 974-4961
Cell (760) 638-2066
LEGAL NAME OF FIRM:
Michael Baker International, Inc.
OFFICES:
Locally: 9; Nationally: 100
EMPLOYEES:
Locally: 513; Nationally: 3,300+
SOUTHERN CALIFORNIA OFFICES
AND NUMBER OF EMPLOYEES:
Palm Desert (25)
Ontario (55)
Temecula (35)
Santa Ana (255)
Los Angeles (3)
Long Beach (29)
Camarillo (6)
Carlsbad (40)
San Diego (90)
DAYS/HOURS OF OPERATION:
Monday - Friday
8:00 a.m. - 5:00 p.m.
Firm Experience
Page | 4
Experience Providing Similar Work
As-Needed and On-Call Services – Michael Baker takes great pride in our long-standing history of providing both asneeded and “extension of staff” services for public sector clients. In California, we have provided these services to the cities of Eastvale, Rancho Cucamonga, Redlands, Chino Hills, Grand Terrace, Carson, San Gabriel, San Jose, Fairfield, as well as for the San Bernardino County Transportation Authority, and County of Riverside. Michael Baker also provides oncall services to the Coachella Valley Water District, Rainbow Municipal Water District, Golden State Water Company, and Southern California Edison. Our staff is accustomed to meeting demanding project schedules by pooling our resources from skilled staff throughout the region, when necessary, to see that our clients are given the highest quality of service and on-time performance. Our planners engage with staff, applicants, and representatives of other City departments to effectively process applications and maintain forward movement. The skills of our staff range from Assistant to Principal and are located throughout Southern California for ready availability.
PLANNING SERVICES
Michael Baker provides diversified services to meet the planning needs of our clients. Michael Baker's staff is experienced in processing land use entitlements for public agencies and has successfully completed entitlement for a wide variety of project types. Michael Baker provides a full range of planning services from plan check and public counter services to project entitlement processing, agency sponsored and capital improvement planning, public hearing support, and documenting and tracking conditions of approval and mitigation measures.
Entitlement Processing – Michael Baker planners are experienced in the entire entitlement process and understand the importance of representing the City with professionalism while working efficiently to move projects forward. Our staff will work in tandem with City staff across departments to review projects and document comments and conditions. Upon project completeness, our planners draft and assemble the staff report package and coordinate the project for hearings per the City’s internal processes. Michael Baker planners are comfortable and professional in the hearing setting and will present project applications with clarity and will be prepared to address questions from decision makers. From start to finish, our planners document the entitlement process and work within the City’s adopted practices. We have the experience and skill to process several entitlement types:
• Minor Use Permits / Conditional Use Permits • Development Agreements • Minor Exceptions / Variances • Sign Programs
• Site Plan / Design Reviews • Pre-Annexation / Annexation Agreements • Tentative Tract / Parcel Maps, Final Maps • Reasonable Accommodations Plan Check – Michael Baker works as an extension of the City's staff performing essential functions to City operations such as plan check services. Michael Baker often assists cities and other public agencies in the review and approval of development projects from the conceptual stage through final occupancy. Many of Michael Baker's professionals have public agency experience and can provide a wide range of services related to development review, writing staff reports, resolutions and conditions approval, and working with developers to design projects consistent with the Agency's goals and objectives. Michael Baker planners will retrieve plans at the interval requested by the City and will review, prepare comment letters, and return plans to the City within the City’s plan check turnaround timeframe. Our planners will review the plans against relevant ordinances, policy documents, and conditions of approval. Plan check comment letters will cite the plan page, summarize the non-conforming issue, and direct the applicant to the relevant Municipal Code section.
Approach
Page | 5
Team Introduction
Michael Baker is offering the City a team of highly qualified planners and technical specialists to provide the on-call services being requested by the City. Michael Baker’s approach, described more thoroughly later in this proposal, emphasizes the role of a strong project leader in coordinating all activities and participants. Each project is assigned to a staff member who is experienced with the type of project under consideration, knowledge of the community involved, and availability to support the required schedule are primary considerations in the selection of a project leader and the supporting team members.
Mr. Peter Minegar, AICP would act as Michael Baker’s Principal in Charge for this contract, responsible for contracting and ensuring sufficient staff resources are available to respond to task order requests. Mr. Minegar is Michael Baker’s Office Executive of our Temecula office. In addition to his role overseeing all office operations, he serves as contract manager for a number of on-call planning services contracts for a number of municipalities and public utilities.
Ms. Emily Elliott, AICP would serve as Michael Baker’s Project Manager for this contract. Ms. Elliott is Michael Baker’s Inland Empire and Coachella Valley Planning Department Manager. In this role, Ms. Elliott serves as the Quality Assurance/Quality Control for a range of projects including both Planning and Environmental documents. She will be the City’s dedicated point of contact for requests for services, personnel placement, service delivery questions, and issue resolution. Ms. Elliott is particularly well qualified to serve in this capacity, having managed contract planning/staff augmentation services for a number of agencies throughout the Inland Empire including the City of Redlands, City of Banning, City of Grand Terrace, and the San Bernardino County Transportation Authority for several years now. She has over 14 years of experience as a planner in California gained through work in both the public and private sectors.
Ms. Tamara Harrison would serve as the primary planner under this contract. Ms. Harrison has an extensive public sector resume, including time working with the City of Menifee, and the County of Riverside. Her experience includes the processing of current planning projects as well as long-range planning projects including but not limited to tract maps and commercial and industrial developments. Ms. Harrison has over 18 years of experience as a planner in California primarily working in the public sector.
A partial listing of the Michael Baker staff is presented in the accompanying organization chart. This is not an all-inclusive list of the staff available to the City. Rather, the staff listed are representative of the Michael Baker personnel (in terms of qualifications) that could be assigned and are limited to key personnel. Key staff resumes are included in Appendix 1, Project Team Resumes. Additional staff resumes can be provided upon request.
APPROACH TO STAFFING SERVICES
In order to successfully serve the City's needs, the selected consultant must have the right combination of experience, specialization, responsiveness, and dependability, with a proven history of successfully delivering quality on-call planning services. Michael Baker’s primary goal will be to provide the City, in a true collaborative effort, the technical knowledge and support needed to accomplish the City’s objectives when we are issued a task order under this contract.
Quality Assurance / Quality Control – Our project management approach, “The Michael Baker Way,” provides Quality Assurance and Control (QA/QC), compliance with deadlines, cost management and reporting, and communications systems and procedures designed to meet the needs of our clients. Client requirements can change quickly especially in the realm of high-profile, high engagement on-call programs. Therefore, we offer the City responsiveness, accountability, quality assurance, and flexibility to implement ongoing and emerging assignments
Approach
Page | 6
QA/QC is the cornerstone of our project management approach and is implemented through our in-house program based on the “The Michael Baker Way” QC program, as developed and instructed internally at our Michael Baker University. Our quality assurance begins with developing a close and continuous line of communication between our team and the City.
Under our protocol we keep an organized directory of all project related communication, documents, images, data, and plan sets, which allows us to respond quickly to requests.
Projects will be evaluated by our internal peer review team – an approach to innovation and internal education that is implemented on each project, with no charge to the contract. Our peer review panel consists of in-house professionals apart from the project team: planners that perform entitlement processing for public agencies, hydraulic engineers, traffic engineers, and environmental specialists. This peer review will be utilized to verify that the deliverable work products are clear, concise and comprehensive, and most importantly, will result in meeting the objectives of the City.
Project Budget and Scope Tracking System – Michael Baker utilizes the Oracle management information accounting/project management system software. This system provides the ability to isolate direct labor, direct subconsultant, and direct reimbursable related costs by project. The Company accumulates these costs on a weekly basis based upon weekly time sheets and/or invoices submitted/received from its employees, subconsultants or vendors. The Company has monthly billing periods of four or five weeks each (generally, there are four five-week billing periods per calendar year). The Company’s Project Managers receive billing documentation for review on a monthly basis, which includes reports showing current month and job-to-date cost information for direct labor (hours and costs), direct subconsultant and direct reimbursable costs for each project they are responsible for invoicing Interaction with Clients and Stakeholders – The City needs a consultant that can quickly respond to a variety of needs.
This will require a clear understanding of the needs for each task. Michael Baker has full bench of planners and technical specialists available to assist the City. As a large resource, Michael Baker has the ability to quickly respond to the City’s needs and assign qualified staff to work closely with the City’s planners, engineers or other technical/support staff.
Clear communication is essential to successfully understanding the objectives, schedule, and budget for the task orders to be issued by the City under the on-call services agreement. Michael Baker’s Principal in Charge will serve as the initial point of contact for all service requests. The Principal in Charge, in coordination with the appropriate Service Line Lead will assess the requirements to complete the task and bring together the best team that can complete the task within the required schedule. They will develop a scope and budget for each task and communicate back to the City’s project manager. After Michael Baker receives the authorization for the task order from the City, Michael Baker will facilitate a meeting between City staff and the Michael Baker Project Manager. At this point, the Project Manager will take the lead on all communication relating to the task. This will allow the Michael Baker Project Manager to coordinate multiple tasks at one time. The Michael Baker Principal in Charge will stay involved with each task by monitoring the schedule, invoices, and work products.
MANAGEMENT APPROACH
Michael Baker’s management approach has been proven to be effective in meeting or exceeding client goals for specific assigned tasks on or ahead of schedule and within or below budget. With an effective management approach and continuous close coordination between City staff and the firm’s project team, each task order should be straightforward with a logical progression through the various work tasks. Continuous close coordination, communication, and a focused project development process are the keys to successful completion of each assignment.
Approach
Page | 7
The City of Calimesa will realize benefits related to schedule, cost, and quality with the Michael Baker team, a trusted, well-known partner with extensive experience delivering on-call planning services.
APPROACH TO PLANNING SERVICES DELIVERY
Michael Baker’s technical approach to providing Planning Services to the City consists of assigning a team of dedicated planners, who will be available to respond as needed, under the direction of a member of the firm’s senior management staff. Emily Elliott, AICP will serve as the Contract Manager and will oversee the team consisting of Ms. Tamara Harrison and Mr. Alex Chapman, who will be responsible for carrying his/her assigned project through the applicable planning process from inception to completion. All our project team members are self-starters who are quite capable of working independently and with minimal direction from City staff but will keep City staff apprised of the status of the work they are performing on a regular basis throughout the week. Ms. Elliott will also provide adequate oversight of our staff assigned to the City, thereby minimizing the demands placed on the City staff. No change or replacement of the project team members assigned to the City will occur without the City’s approval.
While our project team members will need to periodically attend meetings with project applicants, City staff, other consultants, and the public, it is anticipated that most of our work will be performed off-site. To maximize efficiency and cost effectiveness, work products will be transmitted to the City electronically. Teleconferencing will also be available via Microsoft Teams, ZOOM, or similar teleconferencing protocol.
In responding to the City’s needs, Michael Baker is prepared to provide the City with a team of highly experienced planners who are fully capable of successfully performing all tasks associated with the processing of discretionary development applications, including General Plan amendments, zone changes, development agreements, specific plans, site development permits, conditional use permits, variances, and subdivision maps.
Michael Baker planners will be available on short-term notice to provide services on an as-needed, task order basis for the processing of specific discretionary development applications. Our staff will perform, coordinate, and manage all the tasks associated with the processing of such applications. These tasks include:
Receiving and determining the completeness of applications. Reviewing applications for compliance with the General Plan, Zoning Ordinance, and applicable development standards and other City policies and regulation.
Reviewing and processing ministerial and discretionary entitlements, such as Plan Checks, Use permits, Tentative Maps, and General Plan and Zoning amendments.
Compilation and analyzation of economic, social, demographic, and environmental data. Analyzation of projects in compliance with CEQA.
Preparing staff reports and making recommendations to the City Council with accompanying conditions of approval, resolutions, and ordinances, as necessary.
Facilitating and participating in meetings and coordinating the exchange of comments among applicants, City staff, other consultants, and the public during the review and processing of applications, as necessary. Attending and making presentations on discretionary development applications at City Council meetings, as necessary.
Preparing all required notices for filing with appropriate county and state agencies on-time and within budget.
Cost Proposal and Contracting
Page | 8
Cost Proposal
Planning Rate Classification Hourly Rate, Year 1
Principal/Project Director/Program Manager $210 to $250 Senior Planning Project Manager $190 to $220
Planning Technical Manager $170 to $200
Principal Planner/Architect/Scientist $150 to $185
Senior Planner/Architect/Scientist $140 to $160
Associate Planner/Architect/Scientist $115 to $135
Assistant Planner/Architect/Scientist $90 to $115
Senior GIS Analyst/Graphic Artist $150 to $170
GIS Analyst/Graphic Artist $80 to $110
Office Support/Clerical/Technical Editor $80 to $95
Engineering Rate Classification Hourly Rate, Year 1
Professional Engineer for Stamp/Signing $250 to $300
Engineering Plan Review $130 to $160
Staff Specific Rates Classification Hourly Rate, Year 1 Emily Elliott Contract Manager $235
Tamara Harrison Senior Planner $170
Alex Chapman Associate Planner $125
Rates will be escalated 5% per year.
Michael Baker's rate ranges are determined by years of experience and professional qualifications. Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%.
Vehicle mileage will be charged as an additional cost at the IRS approved rate.
Contracting with Michael Baker
Michael Baker appreciates the opportunity to preview the consultant services agreement that will be utilized by the City of Calimesa for this project. Contract documents may be submitted to Ms. Elliott at [email protected].
Page | 9
Appendix 1
PROJECT TEAM RESUMES
Appendix 1: Project Team Resumes
P age | 10
Peter J. Minegar, AICP
Principal in Charge
Mr. Minegar specializes in environmental compliance and planning. As a Project Manager at Michael Baker, Mr. Minegar provides environmental compliance services to both private and public sector clients, specializing in the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Mr. Minegar has a broad range of project environmental planning experience ranging from project-level analysis of infrastructure improvements to program-level analysis to support a General Plan amendment. He has been involved in preparing environmental and planning documentation, as well as representing agency staff for a range of highly controversial projects subject to scrutiny by the general public, environmental organizations, and public agencies.
Experience
Comprehensive Planning Services, Eastvale, California. Environmental Manager. Responsible for review of all incoming applications to develop the environmental documentation approach in compliance with the California Environmental Quality Act (CEQA). Responsibilities include development of CEQA documents, peer review of applicant provided CEQA documents, preparation of staff reports, and public hearing support. Michael Baker provided comprehensive planning services this recently incorporated City in Western Riverside County. Michael Baker served as the City's planning staff, providing current and advance planning processing, counter staffing, Planning Commission meeting facilitation; plan review; staff reports preparation; City functions participation; CEQA compliance and review; Tribes on SB18 and AB52 coordination; and special project work, such as preparation of the City's Economic Development website.
On-Call General Plan Planning and Environmental Support, Riverside County, California. Contract Manager. Responsible for the review and finalization of the updated general plan document, general plan environmental impact report, and climate action document. Tasks associated with the general plan update included adding supplemental analysis to the documents, providing CEQA compliance and noticing support, completion of the Final EIR documents, and representing county staff during project meetings and hearings. Also responsible for serving as the project manager for an IS/MND supporting a minor amendment to the county general plan. The general plan project required responsibility to act as the serving advisor to the county on both environmental and land use matters as projects completed the public review and hearing process. Michael Baker has provided on-call general plan support to the County since 2014.
Responsibilities include processing General Plan Amendments, CEQA compliance, zoning code amendments, and climate action plan support. Michael Baker has also completed the County's Sixth Cycle Housing Element Update, a 2021 Safety Element Update as well as a number of General Plan Amendments and CEQA documents.
Years with Michael Baker: 9
Years with Other Firms: 1
Degrees
M.S., 2019, Environmental
Management and Policy (Natural
Resources Emphasis), University of
Denver
B.S., 2014, City and Regional
Planning, California State
Polytechnic University, San Luis
Obispo
Licenses/Certifications
American Institute of Certified
Planners, 2020
P age | 11
Emily Elliott, AICP
Contract Manager
Ms. Elliott serves as the Planning Department Manager of Michael Baker's Inland Empire offices of Palm Desert, Ontario, and Temecula. As a practitioner, she oversees and prepares community planning, housing, and environmental documents for public and private sector clients. Ms. Elliott is a versatile project manager effectively administering contracts across project types. She draws on her broad background of consulting and municipal service to develop, lead, and implement client projects. Ms.
Elliott has led the successful completion of several Housing Element updates, Transit Oriented Development projects, CEQA documents, and provides technical assistance to local jurisdictions on housing policy and community outreach. Her understanding and appreciation of the needs of public agencies, project applicants, and the public lends itself to thoughtful and efficient project delivery.
Experience
Project Management / Entitlement Services, Redlands, California.
Program/Project Manager. Responsible for providing on-going support to the City of Redlands as a dedicated project manager/planner to a developer with multiple high-profile projects. Responsible for coordinating internal City processes and managing the development process of the projects in order to expedite entitlement. Ms. Elliott prepares staff reports, resolutions, ordinances, conducts pre-application reviews, implements conditions of approval, and performs site inspections. Michael Baker provides oncall support to the City of Redlands for project management and entitlement processing services including outreach, historic preservation, technical peer review, and GIS.
Program Management / On-Call Planning Services, San Bernardino County Transportation Authority, California.
Program/Project Manager. Michael Baker is responsible for providing on-going support to SBCTA’s Planning Division supporting the development of Safe Routes to School projects and housing policy. Michael Baker is SBCTA’s primary housing consultant offering technical assistance to SBCTA jurisdictions in the preparation of their 6th Cycle Housing Elements. Ms. Elliott’s role involves communicating with SBCTA on a weekly basis, tracking task schedules, and developing work plans for the Michael Baker team to fulfill the scope of Michael Baker’s assigned tasks. Ms. Elliott also participates in the technical work involves with Michael Baker’s assigned tasks and she is leading the efforts as a dedicated project manager/planner to a developer with multiple high-profile projects. Responsible for coordinating internal City processes and managing the development process of the projects in order to expedite entitlement. Ms. Elliott prepares staff reports, resolutions, ordinances, conducts pre-application reviews, implements conditions of approval, and performs site inspections. Michael Baker provides on-call support to the City of Redlands for project management and entitlement processing services including outreach, historic preservation, technical peer review, and GIS.
Project Management / On Call CEQA Services, Redlands, California. Project Manager. Michael Baker supports the City of Redlands as a pre-qualified consultant. Michael Baker receives task orders from the City to conduct CEQA analysis on entitlement applications and has prepared environmental documentation for commercial retail and residential specific plan projects in the City including exemption documentation and addendums, to full Initial Studies/ Mitigated Negative Declarations. Ms. Elliott is the primary contact and project manager for these task orders coordinating with City staff and managing the flow of work of the Michael Baker team and subcontractors.
Years with Michael Baker: 6
Years of Experience: 14
Degrees
Master of Urban and Regional
Planning, 2014, California
Polytechnic University, Pomona
B.A. 2009, Geography, San Diego
State University
Professional Associations
American Institute of Certified
Planners, Certified Planner Number
028647, Issued December 8, 2015
American Planning Association
P age | 12
Eastvale On-Call Planning Services, Eastvale, California. Senior Planner. Responsible for processing land use entitlements, performing development and plan reviews, and undertaking a comprehensive zoning code clean up. Also responsible for working with the Planning Director to amend and author new ordinances and make recommendations to the Planning Commission. Michael Baker provided comprehensive planning services for the recently incorporated city of Eastvale in Riverside County. It served as the city's planning staff, providing current and advance planning processing, counter staffing, Planning Commission meeting facilitation, plan review, staff reports, and CEQA compliance.
Project Management / On Call Entitlement, Banning, California. Project Manager. Michael Baker supports the City of Banning as a pre-qualified consultant. Ms. Elliott is currently serving the City as the entitlements project manager for the Sunset Crossroads Specific Plan, a 500-acre plan involving the annexation of unincorporated land, relocation of housing units, and development of logistics and commercial land uses. Ms. Elliott’s role includes the tracking and processing of project entitlements, conducting plan reviews, coordinating peer reviews of environmental documentation, preparing staff reports, and presenting to decision makers.
6th Cycle Housing Element Update, Redlands, California. Project Manager. Michael Baker, with technical advisory support from Veronica Tam and Associates, is preparing the 6th Cycle Housing Element Update for the City of Redlands.
Ms. Elliott, as project manager, coordinates the Michael Baker and subconsultant team on the flow of work and completion of tasks. She meets regularly with City staff to maintain the project schedule and manage costs. 6th Cycle Housing Element Update, Lakewood, California. Project Manager. Michael Baker is preparing the 6th Cycle Housing Element Update for the City of Lakewood. Ms. Elliott, as project manager, coordinates the Michael Baker team on the flow of work and completion of tasks. She meets regularly with City staff to maintain the project schedule and manage costs.
P age | 13
Tamara Harrison
Senior Planner
Ms. Harrison has served as a public sector planner for more than 18 years.
With over 18 years of professional experience, she has accrued extensive knowledge of the theories, principals, procedures, practices, and trends in the field of land use development and the entitlement process. Ms. Harrison has a comprehensive understanding of the California Environmental Quality Act (CEQA), the Subdivision Map Act, site planning, architectural review, and is well versed in building and engineering principles. Ms. Harrison has an extensive public sector resume, including over 9 1/2 years with the County of Riverside and over 7 years with the City of Menifee. Her experience includes the processing of both long-range and current planning projects including but not limited to tract maps and commercial and industrial developments.
Experience
City of Calimesa OnCall. City of Calimesa. Senior Planner. Responsible for the management of a variety of entitlement projects for the City of Calimesa. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments on submitted plans, preparation of public hearing packages including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body, as necessary.
City of Palo Alto OnCall. City of Palo Alto. Senior Planner. Responsible for the management of a variety of entitlement projects for the City of Palo Alto. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments on submitted plans, preparation of public hearing packages including staff report, conditions of approval, CEQA documents and presentations before the appropriate hearing body.
City of Ventura OnCall. City of Ventura. Senior Planner. Responsible for the management of a variety of entitlement projects for the City of Ventura. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments on submitted plans, preparation of public hearing packages including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body.
City of Murrieta OnCall. City of Murrieta. Senior Planner. Responsible for the management of a variety of entitlement projects for the City of Murrieta. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments on submitted plans, preparation of public hearing packages including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body.
City of Menifee Community Development Department, City of Menifee. Senior Planner responsible for processing long-range and current planning development projects for the City of Menifee. Duties included serving as Project Manager for multiple entitlement applications including, but not limited to, Tentative Tract Maps (TTM), Conditional Use Permits (CUP), Plot Plans (PP), Pre-Application Reviews (PAR) etc. from application to build-out including final map and grading and building permit review for Planning related items. Duties also included due diligence reviews, review of applicant prepared CEQA reports and technical studies (i.e., Cultural, Biological), review of Project Site, Floor and Elevation Plans, Landscaping and Lighting Plans, Operations, etc. Public hearing duties included draft preparation of Staff Reports, Resolutions, Findings, Conditions of Approval and oral PowerPoint presentations before the Planning Commission and City Council. Duties also involved close coordination with City Department staff, outside agency staff, applicant-appointed environmental consultants and Tribal governments through AB-52 consultation.
Years with Michael Baker: 2
Years of Experience: 18
Degrees
M.S.P., Urban and Regional
Planning, 2004, University of
Tennessee, Knoxville
B.A., Urban and Regional Planning,
2002, University of Tennessee,
Knoxville
P age | 14
Garrett Menifee/Sagewood - City of Menifee. Project Manager for a 174 single-family residential lots on 46.9 gross acres with a minimum lot size of 7,200 square feet, multiple lettered lots and a park. Responsible for transmitting case out for review, coordinating comments from reviewers, facilitating City Development Review Committee meetings, review of site plan, preparation of conditions of approval, staff report, resolution with findings, CEQA compliance and presentation before the Planning Commission. Also responsible for processing a subsequent Minor Modification to the project.
Newport Pointe Commercial – City of Menifee. Project Manager for an 84,211 square foot commercial shopping center with 415 parking stalls and an outdoor plaza within a specific plan. Responsible for transmitting case out for review, coordinating comments from reviewers, facilitating City Development Review Committee meetings, review of site plan, floor plans and elevations, signage, lighting, landscaping, prepared conditions of approval, staff report, resolution with findings, CEQA compliance and presentation before the Planning Commission.
Commerce Pointe I and II Industrial/Business Park. City of Menifee. Senior Planner/Project Manager. Responsible for managing proposed revisions to the project prior to construction including review of submitted plans, coordination amongst reviewing agencies and applicant and post entitlement review of associated permits. Also responsible for the annual review of the associated Development Agreement in order to ensure compliance, also ensured compliance with necessary mitigations for regulatory agencies.
P age | 15
Alex Chapman
Planner II
Mr. Chapman is a planning professional and assistant project manager with experience working in the complex California regulatory environment. Mr.
Chapman is experienced in the planning of environmental services, long-range planning, current planning, and affordable housing sectors. His diverse background includes the development and implementation of comprehensive zoning code updates, design guidelines, city ordinances, and housing elements. Mr. Chapman also has training in Housing and Urban Development (HUD) and California Department of Housing and Community Development (HCD) program administration and environmental regulations. He is passionate about the environment and building healthy, equitable, sustainable communities
Experience
City of Calimesa Planning Department - City of Calimesa. Provided planning services for development within the City, including the review and processing of General Plan Amendments, Specific Plan Amendments, and Tentative Tract Maps.
Duties also involved close coordination with City Department staff and Tribal governments through AB-52 consultation as well as research across neighboring communities for the potential development of an EV Station Ordinance.
City of Needles Planning Department, City of Needles. Provided planning and counter services for development within the City, including the review of Conditional Use Permit (CUP) applications, due diligence review of project site plans, and the processing of zoning letter permits. Public hearing duties included draft preparation of Staff Reports, Resolutions, Findings, and Conditions of Approval. Duties also involved close coordination with City Department staff and Tribal governments through AB-52 consultation.
City of Murrieta Planning Department, City of Murrieta. Provided planning counter services for development within the City, including the review of Conditional Use Permit (CUP) applications, and due diligence review of project site plans and grading plans. Duties also involved close coordination with City Department staff and Tribal governments through AB-52 consultation.
CDBG Planning Services, City of Citrus Heights. Responsible for administration of a Housing Rehabilitation Program using primarily Community Development Block Grant (CDBG) Program funds, CalHOME funds, and loan repayments is designed to correct health and safety hazards in deteriorated housing and extend the useful life of the affordable housing units. Performed various financing methods to achieve cost-effective repairs for owner-occupied, low-income Citrus Heights residents.
CDBG Planning Services, City of Rancho Cordova. Responsibilities include consolidated planning including annual action planning, subrecipient reporting, invoice processing, and IDIS reporting. Duties also included environmental review in compliance with HUD regulations.
Environmental Services, various jurisdictions. Assist in the review process of a project to determine its potential environmental impacts to establish whether it meets federal, state, and local environmental standards. 6th Cycle Housing Element Update, various jurisdictions. Conducted existing conditions research, community engagement strategy and events, and site inventory methodology and analysis.
Years with Michael Baker: 2
Years of Experience: 5
Degrees
B.S., 2017, City and Regional
Planning, California Polytechnic
State University – San Luis Obispo
P age | 16
Appendix 2
PROJECT EXPERIENCE
Appendix 2: Project Experience
P age | 17
On-Call Planning and Entitlement Services
CITY OF REDLANDS, CA
Michael Baker has been providing comprehensive land use entitlement planning and processing services for the City of Redlands Development Services Department since January 2019, acting as extension of City staff. Staff provided by Michael Baker is dedicated to a single developer with multiple ongoing projects on an aggressive timeline with the task of achieving high-quality development in line with City standards while expediting the development process and providing full-service project review, management, and coordination. The Packing House District Shopping Center II: Conditional Use Permit Revision, Variance, Socioeconomic Cost Benefit Study, and EIR Addendum
Escape Craft Brewery: Conditional Use Permit, Historic Resource Designation, Historic Parking Modification, and OffSite Parking Agreement Drive-through Coffee Shop: Conditional Use Permit, Traffic Impact Analysis, Off-Site Parking Agreement
J. Riley Distillery: Conditional Use Permit, Variance, Socioeconomic Cost Benefit Study, Off-Site Parking Agreement Three-Story Parking Structure with Retail and Office Space:
Conditional Use Permit, Variance, Socioeconomic Cost Benefit Study
Packing House District East: Commission Review and Approval, Variance, Socioeconomic Cost Benefit Study ESRI Campus Specific Plan: Specific Plan, General Plan Amendment, Street Vacation, Development Agreement Reference
Brian Desatnik, Director
Development Services Department
City of Redlands
35 Cajon Street, Suite 20
Redlands, CA 92373
(909) 798-7555
[email protected]
Highlights
▪ Project management
▪ Entitlement processing
▪ Interdepartmental coordination
▪ Environmental review coordination
Dates
January 2019–Present
Appendix 2: Project Experience
P age | 18
On-Call Staffing Services
CITY OF WILDOMAR, CA
Michael Baker provided adjunct staffing and on-call environmental consulting services to the City of Wildomar beginning with the City’s incorporation, including all planning department environmental services such as current and advance planning.
Environmental services included:
CEQA/NEPA
Draft EIR review
Feasibility and appropriateness of mitigation measures, alternatives, and consistency with City CEQA guidelines Issues and challenges arose almost daily from meeting California Department of Housing and Community Development deadlines to craft an approved Housing Element and EIR to ensuring staff reports and public notices are prepared and distributed on time to meet legal mandates. Michael Baker staff met these challenges by maintaining close communication with the City’s Community Development Director, City Attorney, and other planning staff. Staff would meet in person every week at City Hall to review ongoing projects and identify potential upcoming issues and challenges so that solutions were devised before problems occurred. Weekly coordination also helped control costs by reviewing project budgets and billing status. Where potential budget issues were identified, staff worked with the City to help identify cost-savings opportunities or scope for expanded services to be authorized by the City to meet critical project needs. Because of this close coordination, the team did not exceed project budgets or miss deadlines throughout the duration of the contract.
Sample task orders include:
Oak Creek Canyon Specific Plan
Update EIR
Wildomar General Plan Update EIR
Housing Element Update EIR
Cornerstone Church EIR
Horizons EIR
Wildomar Housing Element EIR
Reference
Matthew C. Bassi, Planning Director
Planning Department
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
(951) 677-7751
[email protected]
Highlights
▪ Environmental and planning on-call
services
▪ Close coordination with city agencies,
staff, and regulatory agencies
▪ Acted as extension of staff
▪ Peer-reviewed third party CEQA
documents
Dates
2008–Present
Appendix 2: Project Experience
P age | 19
Comprehensive On-Call Staffing Services
CITY OF EASTVALE, CA
Michael Baker provides comprehensive planning services to the City of Eastvale in western Riverside County. Michael Baker serves directly as the City’s planning staff, providing current and advance planning services, counter staffing, facilitation of Planning Commission meetings, plan review, preparing staff reports, CEQA compliance and review, consultation with tribes per SB 18 and AB 52 requirements, coordinating with other local and regional agencies, and leading special projects like developing the City’s Economic Development website. The Planning team routinely coordinates with the City Manager, City Attorney, Public Works team, and other key staff.
Project examples include:
Eastvale Crossings: The project involves the development of a Walmart shopping center. Staff processed the project
application, conducted plan review, and oversaw the
preparation of an EIR to satisfy CEQA.
Goodman Business Center: The project involves the
development of an industrial and business park. Staff
processed the application, conducted plan review, and
oversaw conditions of approval.
The Campus: The project involves the development of an industrial park. Originally processed by the City, the team processed an application to modify the originally approved project and prepared an EIR Addendum.
Costco: The project involves the development of a new commercial shopping center. Staff work to efficiently review and process project plans in time for a fall 2018 opening.
Lewis Retail Center: The project involves the development of a new retail center, and municipal center including a government center and library. Staff is coordinating with the developer to process the appropriate entitlements, peer-review technical reports, and oversee the preparation of an EIR.
Milliken Distribution Center: The project involves the development of a new warehouse in the northern portion of the city. The planning team is processing the project entitlements, coordinating with the Regional Conservation Authority regarding potential impacts to Delhi sand flowerloving fly, conducting AB 52 consultation, and preparing an IS/MND to satisfy project CEQA requirements. On-Call General Plan and Environmental Support
Reference
Bryan Jones, City Manager
City of Eastvale
12363 Limonite Ave, Suite 910
Eastvale, CA 91752
(951) 703-4411
[email protected]
Highlights
▪ Environmental and planning on-call
services
▪ Close coordination with other local
and regional agencies
▪ Acted as extension of staff
▪ Peer-reviewed third party CEQA
documents and planning documents
▪ Conduct SB 18 and AB 52 tribal
consultations on behalf of City as
lead agency
Dates
2012–Present
Appendix 2: Project Experience
P age | 20
RIVERSIDE COUNTY, CALIFORNIA
Michael Baker has provided on-call planning and environmental services for the County of Riverside since 2014. Services provided to the County include long-range planning support including CEQA compliance documentation, general plan amendments, zoning code amendments, transit planning documents, community engagement, GIS services and climate action plan support. Key projects completed for the County include:
Wine County Community Plan Program EIR (certified March 2014)
Wine Country Trails Plan Addendum EIR (approved
December 2017)
2014 Countywide General Plan Update, Climate Action Plan, and Program EIR (approved and certified December 2015)
5th Cycle Housing Element Update and Housing Element
Update EIR (certified December 2016)
Lakeland Village Community Plan and Program EIR
(currently under development)
6th Cycle Housing Element Update, Safety Element Update, Land Use Element Update and associated Environmental
Impact Report Addendum (adopted September 28, 2021)
Michael Baker continues to provide support services to the County, including implementation support of major long-range planning documents.
Reference
Phayvanh Nanthavongdouangsy,
Principal Planner
Transportation and Land Management
Agency, Planning Department
County of Riverside
4080 Lemon Street, 12th Floor
Riverside, CA 92501
(951) 955-6573
[email protected]
Highlights
▪ Environmental and planning on-call
services
▪ Acted as an extension of staff
▪ Community outreach support
▪ Close coordination with agencies,
staff, and regulatory agencies
Dates
2014–Present
City Council Meeting
Agenda Report
Agenda Item No. 17
SUBJECT: AGREEMENT FOR ON-CALL ENVIRONMENTAL CONSULTING
SERVICES BETWEEN THE CITY OF CALIMESA AND RINCON
CONSULTANTS, INC (“RINCON” OR “CONSULTANT”)
MEETING DATE: June 19, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council approve the Agreement for On-Call Environmental Consulting services between the City of Calimesa and Rincon Consultants, Inc. and authorize the Mayor to execute the Agreement.
BACKGROUND/DISCUSSION: A primary function of the City’s Planning Department is to review both private and public development applications that are subject to the California Environmental Quality Act (“CEQA”) (PRC § 21000-21189.57). In late 2018, the City released a Request for Proposal (“RFP”) for On-Call Environmental Consulting Services. Two firms, Dudek and Albert A.
Webb, were selected to perform the necessary services. Since entering into these contracts, the City has continued to experience a large volume of applications that are subject to CEQA. These projects include the future phases of Summerwind Trails, the Mesa Verde Specific Plan Amendment, the Oak Valley North Specific Plan, the Summerwind Commons phase 2 project, and others. As such, it is recommended that the City expand its list of pre-qualified consultants to a “bench” of three firms, to include Rincon Consultants, Inc. ). The Statement of Qualifications (“SOQ”) submitted by Rincon is included as Attachment B.
If the Agreement for On-Call Environmental Consulting Services is approved, Rincon would provide staff with three distinct categories of services:
Private Development Projects (“Service 1”): Pursuant to PRC § 21000-21189.57, this service would provide staff with assistance analyzing commercial, industrial, residential, and other entitlement applications. Rincon would coordinate with the various members of their internal staff, conduct technical studies, draft the appropriate environmental document, assist staff to make CEQA determinations, and attend public hearings. It is anticipated that “Service 1” would be entirely developer funded.
Peer review (“Service 2”): Pursuant to PRC § 21082.1 and § 21168 and Sections 15074, 15084(e), and 15090 of the State CEQA Guidelines, this service would assist the City in demonstrating that the adopted environmental document reflects the independent judgment of the Lead Agency. “Service 2” would be utilized in the instance that an applicant chooses to secure a third-party environmental consultant that is not included on the City’s pre-approved list of environmental
consultants. Under “Service 2”, the applicant’s consultant would independently conduct technical studies, draft the appropriate environmental document, and submit materials to the planning department for review. Rincon would peer review the submitted technical studies, environmental document, and other related materials. Following the peer review, Rincon would provide comments for the applicant’s third-party consultant to integrate into the documents. Staff would coordinate with both consultant groups to ensure that the final adopted environmental document reflects the Lead Agency’s independent judgement. It is anticipated that “Service 2” would be entirely developer funded.
City Initiated Projects (“Service 3”): Pursuant to PRC § 21001.1, public agency projects are subject to the same level of environmental review as private development projects. Service 3 is necessary insofar as Calimesa periodically undertakes City initiated development projects.
Examples of this project type include the expansion of existing roadways, the construction of new City facilities, or improvements to flood control facilities. Rincon would coordinate with the various members of their internal staff, conduct technical studies, draft the appropriate environmental document, assist staff to make CEQA determinations, and attend council meetings as appropriate.
It is anticipated that “Service 3” would be City funded. However, specific projects may have a variety of revenue sources such as grant funding, department budgets, or the general fund.
Scope of Services (“Scope”): Each service type (“Service 1”, “Service 2”, and “Service 3”) discussed above would provide staff with assistance completing the following tasks, as applicable:
ENVIRONMENTAL WORK PRODUCTS
• Preparation of CEQA/NEPA documents
• Categorical Exemptions/ Categorical
• Exclusions Initial Study/Environmental Assessments
• Preliminary Environmental Assessments (PES)
• Preliminary Environmental Analysis Report (PEAR)
• Environmental Impact Reports/Environmental Impact Statements Biological
• General Biological – including habitat assessments
• Focused Surveys
• MSHCP Surveys and Compliance
• Wetlands and Jurisdictional Waters Delineations
• Biological Assessments/State and Federal Endangered Species Act Compliance • Natural Environmental Studies
• Mitigation Plans
o Preparation of Habitat Mitigation and Monitoring Plan. o Mitigation site development meeting regulatory permitting agency requirements. • Agency Coordination
• Construction Monitoring Documentation and Reporting
• Emergency Project Documentation and Reporting
Cultural
• CEQA and/or NEPA/NHPA – Section 106
• Historic Property Survey Reports
• Archeological Survey Reports
• Historical Resources Evaluation Report
• HABS/HAER
• Bridge Evaluations
• Extended Phase I Assessments
• Archaeological Evaluation Report (Phase II)
• Data Recovery Plan (Phase III)
• Construction Monitoring Documentation and Reporting
Paleontological
• Paleontological - Paleontological Identification Report (PIR) • Paleontological Evaluation Report (PER)
• Paleontological Mitigation Plan (PMP)
• Paleontological Mitigation Report (PMR)
• Paleontological Stewardship Summary (PSS)
• Construction Monitoring Documentation and Reporting
• Waters/Streambed Permitting (401/404, 1602, etc.
• Air Quality, Conformity and Greenhouse Gas Analysis
Noise Studies
Community Impact Assessments/Socio-Economic
Location Hydraulics Study/Summary Floodplain Encroachment Report Farm Land Conversion
Traffic Assessments
Section 4F Evaluation Visual Impact Assessment
Hazardous Materials/Initial Site Assessments
NPDES Compliance Services for Transportation Projects and/or Operations • Guidance on, Preparation or Review of NPDES Reporting related to the Construction or Industrial General Permits, any or all of the City’s MS4 Permit, or other NPDES Permits as required.
• Assistance with inspections, annual compliance review and written assessments of Transportation Department Facilities and/or Operations. • Preparation of Transportation Department Project Specific WQMPs, SWPPPs, Staff Education and Training Materials, and other NPDES documentation as may be required.
• Assistance with Permit interpretation for Transportation Department Projects, Highway Maintenance and Operations.
• Assistance with NPDES training, technical and other regulatory assistance as needed, drafting water quality specifications, creating procedures, or other assistance as required.
Reclamation Plans for Mining Operations
Landscaping/Revegetation/Habitat Restoration Energy Study Project Management including, but not limited to, acting as in-house environmental task manger Extension of Staff including, but not limited to, acting as in-house support staff to City Departments Public Outreach including, but not limited to, developing project informational exhibits for public’s awareness of City projects, organizing special events (public meetings, hearings, groundbreaking), and conducting outreach to project stakeholder.
GIS Mapping
FISCAL IMPACT: The cost of the agreement with Rincon Consultants, Inc. is proposed to be a notto-exceed amount of $50,000. The adopted Fiscal Year 2023-24 budget contains an appropriation in the Planning Department budget within the General Fund of $50,000 for CEQA consultant services. With the approval of this Agreement, the City would have three on-call CEQA consultants. However, the majority of work undertaken by the CEQA on-call consultants, collectively, is not billed through the Planning Department budget, but to specific project applicants (i.e., to deposits from development applications). Each contract specifies a not-to-exceed amount of $50,000 for all services rendered inclusive of charges passed through to project applicants. In summary, while as much as $150,000 may be charged by CEQA consultants, General Fund charges will not exceed the appropriation of $50,000.
ATTACHMENTS:
Attachment A: Agreement for Environmental Consulting Services between the City of Calimesa and Rincon Consultants, Inc.
Attachment B: Rincon’s Statement of Qualifications
2812846v1.doc City of Calimesa Form
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated June 19, 2023 (“Effective Date”) and is between the City of Calimesa, a California municipal corporation (“City”) and Rincon Consultants, Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide on-call environmental consulting services.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”) for on-call environmental services, attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes to the scope or cost of work must be in writing and mutually agreed upon by the Parties.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Wendy Worthey, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
Attachment 17A
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E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $50,000 (the “Maximum Compensation”) for such Services.
B. Expenses. The amount set forth in paragraph 3.A. above includes reimbursement for all expenditures incurred in the performance of this Agreement.
C. Unauthorized Services and Unanticipated Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. At the request of the Consultant, the City Council may, in writing, reimburse Consultant for an unanticipated expense at its actual cost. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
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B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
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C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees,
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subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. 3) Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
4) City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
5) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant
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expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self
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insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages
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required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City.
Consultant shall maintain current endorsements on file with City’s Risk Manager.
Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
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B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, judicial orders, enemy or hostile governmental action, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
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If to City: If to Consultant:
Attn: Will Kolbow, City Manager Attn: Wendy Worthey, Principal City of Calimesa Rincon Consultants, Inc.
908 Park Avenue 11801 Pierce Street, Suite 200
Calimesa, California 92320 Riverside, CA 92505
Telephone:909-795-9801 619-890-2762
Email: [email protected] [email protected] With a courtesy copy to:
Quinn M. Barrow, City Attorney
908 Park Avenue
Calimesa, California 92320
Telephone: (310) 802-5061
Email: [email protected]
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive
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statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Calimesa City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Calimesa.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
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33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Calimesa,
a California municipal corporation
By:
Name: Will Kolbow
Title: City Manager
ATTEST:
By:
Name: Darlene Gerdes
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO CONTENT:
By:
Name: Kelly Lucia
Title: Planning Director
Consultant:
Rincon Consultants, Inc.
a California corporation
By:
Name: Wendy Worthey
Title: Principal
By:
Name:
Title:
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
A-1
EXHIBIT A
Scope of Services
The Consultant shall provide staff with three distinct categories of services:
Private Development Projects (“Service 1”): Pursuant to PRC § 21000-21189.57, this service will provide staff with assistance analyzing commercial, industrial, residential, and other entitlement applications. The Consultant will coordinate with the various members of their internal staff, conduct technical studies, draft the appropriate environmental document, assist staff to make CEQA determinations, and attend public hearings. It is anticipated that “Service 1” would be entirely developer funded.
Peer review (“Service 2”): Pursuant to PRC § 21082.1 and § 21168 and Sections 15074, 15084(e), and 15090 of the State CEQA Guidelines, this service will assist the City in demonstrating that the adopted environmental document reflects the independent judgment of the Lead Agency. “Service 2” will be utilized in the instance that an applicant chooses to secure a third-party environmental consultant that is not included on the City’s pre-approved list of environmental consultants. Under “Service 2”, the third-party environmental consultant hired by the applicant will independently conduct technical studies, draft the appropriate environmental document, and submit materials to the planning department for review. The Consultant will peer review the submitted technical studies, environmental document, and other related materials. Following the peer review, the Consultant will provide comments for the applicant’s third-party environmental consultant to integrate into the documents. Staff will coordinate with both consultant groups to ensure that the final adopted environmental document reflects the Lead Agency’s independent judgement. It is anticipated that “Service 2” would be entirely developer funded.
City Initiated Projects (“Service 3”): Pursuant to PRC § 21001.1, public agency projects are subject to the same level of environmental review as private development projects. Service 3 is necessary insofar as Calimesa periodically undertakes City initiated development projects.
Examples of this project type include the expansion of existing roadways, the construction of new City facilities, or improvements to flood control facilities. The Consultant will coordinate with the various members of their internal staff, conduct technical studies, draft the appropriate environmental document, assist staff to make CEQA determinations, and attend council meetings as appropriate. It is anticipated that “Service 3” would be City funded. However, specific projects may have a variety of revenue sources such as grant funding, department budgets, or the general fund.
Each service type (“Service 1”, “Service 2”, and “Service 3”) discussed above involve assisting staff with the following tasks, as applicable:
ENVIRONMENTAL WORK PRODUCTS
• Preparation of CEQA/NEPA documents
• Categorical Exemptions/ Categorical
• Exclusions Initial Study/Environmental Assessments
A-2
• Preliminary Environmental Assessments (PES)
• Preliminary Environmental Analysis Report (PEAR)
• Environmental Impact Reports/Environmental Impact Statements Biological
• General Biological – including habitat assessments
• Focused Surveys
• MSHCP Surveys and Compliance
• Wetlands and Jurisdictional Waters Delineations
• Biological Assessments/State and Federal Endangered Species Act Compliance • Natural Environmental Studies
• Mitigation Plans
o Preparation of Habitat Mitigation and Monitoring Plan. o Mitigation site development meeting regulatory permitting agency requirements. • Agency Coordination
• Construction Monitoring Documentation and Reporting
• Emergency Project Documentation and Reporting
Cultural
• CEQA and/or NEPA/NHPA – Section 106
• Historic Property Survey Reports
• Archeological Survey Reports
• Historical Resources Evaluation Report
• HABS/HAER
• Bridge Evaluations
• Extended Phase I Assessments
• Archaeological Evaluation Report (Phase II)
• Data Recovery Plan (Phase III)
• Construction Monitoring Documentation and Reporting
Paleontological
• Paleontological - Paleontological Identification Report (PIR) • Paleontological Evaluation Report (PER)
• Paleontological Mitigation Plan (PMP)
• Paleontological Mitigation Report (PMR)
• Paleontological Stewardship Summary (PSS)
• Construction Monitoring Documentation and Reporting
• Waters/Streambed Permitting (401/404, 1602, etc.
• Air Quality, Conformity and Greenhouse Gas Analysis
Noise Studies
Community Impact Assessments/Socio-Economic
A-3
Location Hydraulics Study/Summary Floodplain Encroachment Report Farm Land Conversion
Traffic Assessments
Section 4F Evaluation Visual Impact Assessment
Hazardous Materials/Initial Site Assessments
NPDES Compliance Services for Transportation Projects and/or Operations • Guidance on, Preparation or Review of NPDES Reporting related to the Construction or Industrial General Permits, any or all of the City’s MS4 Permit, or other NPDES Permits as required.
• Assistance with inspections, annual compliance review and written assessments of Transportation Department Facilities and/or Operations. • Preparation of Transportation Department Project Specific WQMPs, SWPPPs, Staff Education and Training Materials, and other NPDES documentation as may be required. • Assistance with Permit interpretation for Transportation Department Projects, Highway Maintenance and Operations.
• Assistance with NPDES training, technical and other regulatory assistance as needed, drafting water quality specifications, creating procedures, or other assistance as required.
Reclamation Plans for Mining Operations
Landscaping/Revegetation/Habitat Restoration Energy Study Project Management including, but not limited to, acting as in-house environmental task manger Extension of Staff including, but not limited to, acting as in-house support staff to City Departments Public Outreach including, but not limited to, developing project informational exhibits for public’s awareness of City projects, organizing special events (public meetings, hearings, groundbreaking), and conducting outreach to project stakeholder.
GIS Mapping
EXHIBIT B
Approved Fee Schedule
Rincon Consultants, Inc.
Effective January 1, 2023
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
Director II $295
Principal I $285
Director I $285
Senior Supervisor II $268
Supervisor I $250
Senior Professional II $234
Senior Professional I $218
Professional IV $194
Professional III $180
Professional II $160
Professional I $143
Associate III $120
Associate II $107
Associate I $100
Field Technician $86
Data Solutions Architect $180
Senior GIS Specialist $172
GIS/CADD Specialist II $153
GIS/CADD Specialist I $138
Technical Editor $135
Project Accountant $115
Billing Specialist $98
Publishing Specialist $110
Clerical $98
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $380.
Reimbursable Expenses
Direct Cost Rates
Photocopies – Black and White $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11 x 17 $0.55 (B&W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-road Vehicles* $150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Other Direct Costs. Costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to annual escalation based on CPI (Consumer Price Index) for appropriate geographic area.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.
Rincon Consultants, Inc.
Effective January 1, 2023
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $276
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Sub‐meter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $621
Boat (20 ft. Boston Whaler or Similar) $345
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$57/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$57
Insurance, Hazard and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
May 2023
City of Calimesa
Rincon Statement of Qualifications
Attachment 17B
Rincon Consultants, Inc.
11801 Pierce Street, Suite 200
Riverside, California 92505
www.rinconconsultants.com
May 2023
Kelly Lucia, Planning Director
City of Calimesa
908 Park Avenue
Calimesa, California 92320
Subject: Rincon’s Statement of Qualifications regarding Environmental Services for the City of Calimesa, California
Dear Ms. Lucia,
Rincon Consultants, Inc. (Rincon) appreciates the opportunity to submit this information regarding our land use and environmental planning qualifications. As a senior project manager at Dudek overseeing the City of Calimesa (City) as-needed contract, and through collaboration with the City, we built a valuable and longstanding relationship. I have since moved on to Rincon, an equally qualified environmental firm, and hope to continue our successful relationship.
Since 1994, Rincon has prepared numerous legally defensible documents and technical studies pursuant to the California Environmental Quality Act (CEQA) to support cities, counties, and special districts throughout Southern California. Our planners often serve as extensions of staff and have experience analyzing, processing, and managing a wide range of development projects and municipal actions ranging from simple ministerial requests to complex discretionary and/or legislative actions. Furthermore, to support local jurisdictions, our planners also provide high quality staff to conduct peer reviews on CEQA documents prepared by other firms, always with the understanding of other applicable local, state, and federal regulations, including regional habitat conservations plans and regulated waters permitting.
Based on my experience with the City and under my leadership at Rincon, along with Rincon’s extensive experience on public and private projects, entitlements, CEQA document preparation and peer reviews, technical expertise, and consistency with the Western Riverside Multiple Species Habitat Conservation Plan, we would provide the City a very strong and unique teaming partner to ensure the success of all current and future projects.
Sincerely,
Rincon Consultants, Inc.
Wendy Worthey
Principal
619-890-2762 | [email protected]
Table of Contents
Overview and Introduction ............................................................................................................................................4 Company Services ........................................................................................................................................................ 6 Organization Chart...................................................................................................................................................... 53
Overview and Introduction
1
● Trusted
● Accountable
● Transparent
● Fair
● Disciplined
● Entreprenuerial
Rincon is a leading environmental
consulting firm with
13 offices
in California.
● Carlsbad
● Fresno
● Los Angeles
● Monterey
● Oakland
● Palm Springs
● Riverside
● Sacramento
● San Diego
● San José
● San Luis Obispo
● Santa Barbara
● Ventura
Our guiding principles and
core values
hold strong to this day.
Legal Form:
California “S”
Corporation
Rincon has
420+
professional staff. Legal Name:
Rincon Consultants,
Inc.
Rincon was
founded in 1994
in Ventura, California.
About Rincon
Rincon Consultants, Inc. is a multi-disciplinary environmental science, planning, and engineering consulting firm that provides quality professional services to government and industry. Our principal service is to provide environmental support and scientific research to create innovative solutions to natural resource, sustainability, and environmental impacts. Rincon prides itself on the considerable depth of its staff, which includes certified urban planners, environmental scientists and engineers, accredited LEED professionals, noise and air quality experts, geologists, biologists, and cultural and historical resource specialists. Our approach to every project is centered upon the design and development of innovative solutions that respond to our clients’ specific needs in a cost-effective manner.
Primary Service Lines
● Environmental Sciences and Land Use Planning
● Biological Resources
● Water Resources
● Cultural Resources
● Site Assessment and Remediation
● Sustainability Services
● Geographic Information Systems (GIS) and
Graphics Communications
Markets
● Government
● Development
● Education
● Energy
● Industrial
● Transportation
● Utilities
● Water
Company Services
2
Company Service Sheets
Environmental & Land Use Planning
Development
Government
Affordable Housing
Public Outreach and Engagement
Active Transportation Planning
Climate Action Plan Implementation Application
Sustainability Services
Transportation
Biological Services
Cultural and Paleontological Resources
Architectural History & Preservation
Paleontology
Environmental Due Diligence
Environmental Due Diligence/Site Assessment: PFAS
Site Assessment & Remediation
Water Resources
Groundwater Sustainability Plans
Energy and Utilities
Battery Energy Storage Systems (BESS)
Emergency Response Support Services
Education
Construction Monitoring
The following pages include select services provided by Rincon.
ENVIRONMENTAL &
LAND USE PLANNING
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
ĂƌůƐďĂĚͮ&ƌĞƐŶŽͮ>ŽƐŶŐĞůĞƐͮDŽŶƚĞƌĞLJͮKĂŬůĂŶĚͮWĂůŵ^ƉƌŝŶŐƐͮZŝǀĞƌƐŝĚĞ ^ĂĐƌĂŵĞŶƚŽͮ^ĂŶŝĞŐŽͮ^ĂŶ:ŽƐĠͮ^ĂŶ>ƵŝƐKďŝƐƉŽͮ^ĂŶƚĂĂƌďĂƌĂͮsĞŶƚƵƌĂ Rincon Consultants has the invaluable interdisciplinary experience to understand the interaction of these discrete environmental topics and develop plans and projects that consider the range of concerns in a reasonable and balanced manner. We pride ourselves on our ability to follow-up analysis with effective and viable mitigation and recommending feasible alternatives that minimize impacts on the natural environment while meeting community needs. Our planning practice group is extremely knowledgeable in local, state, and federal rules and regulations and knows how to create insightful yet easy to understand documents.
SERVICES
ඵ CEQA Compliance:
- Environmental Impact
Reports (EIRs)
- Initial Studies (IS)
- Negative Declarations (NDs)
and Mitigated Negative
Declarations (MNDs)
- Categorical Exemptions
- Mitigation
Monitoring Programs
ඵ NEPA Compliance:
- Environmental Impact
Statements (EISs)
- Environmental
Assessments (EAs)
- Categorical Exclusions
ඵ Technical Studies
ඵ Noise Studies
ඵ Water Supply Assessments
ඵ Planning Services
- General Plans and
Specific Plans
- Neighborhood Planning
and Community
Involvement Programs
- Contract Planning Services
ඵ Climate Action Plans
ඵ Alternative Transportation
- Pedestrian/Bicycle Planning
- Corridor Studies: Rails
to Trails, Roadway
Widening and
Utility Alignments
ඵ Air Quality and Greenhouse
Gas Emissions Analyses
ඵ Peer Review of CEQA and
NEPA Documents and
Technical Studies
SELECT CLIENTS
Public Agencies
ඵ Metropolitan Water
District of
Southern California
ඵ Los Angeles
County Community
Development
Commission
ඵ County of Riverside
ඵ County of San
Luis Obispo
ඵ County of Ventura
ඵ City of Menifee
ඵ City of Riverside
ඵ City of Long Beach
ඵ City of Rancho Mirage
ඵ City of Santa Maria
Private Companies
ඵ ROEM Development
ඵ Santiara, LLC
ඵ Sukut Development
ඵ Wakeland Housing
and Development
Institutions
ඵ University of
California, Riverside
ඵ California State
University Office of
the Chancellor
ඵ Ventura County
Community
College District
ඵ Ceres Unified
School District
ENVIRONMENTAL &
LAND USE PLANNING
DEVELOPMENT
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura
EXPERTISE
Community Development
We engage with municipal planning and community development departments to craft policy documents and project entitlement materials. Products include general plans and elements, sustainability plans, specific plans, outreach plans, and special studies. Increasingly, we deliver services as contract planning staff.
Land Development
Our multidisciplinary approach involves environmental analysis for a range of public works, infrastructure, residential, commercial, and industrial projects. We consult throughout the development process, starting with the due diligence phase, providing Phase I environmental site assessments to pre-construction surveys for biological/cultural resources, continuing with environmental review for CEQA and NEPA compliance, and ending with construction monitoring and permit acquisition.
Recreation and Open Space
We are committed to making communities more livable and sustainable through promotion of access to open space systems and active transportation linkages.
Our expertise includes preparing bicycle and pedestrian master plans, analyzing regional recreational trails for environmental impacts, attaining biological permits for trail development, and developing prioritization studies used to identify lands optimal to acquire for open spaces.
SELECT CLIENTS
Community Development
ඵ Los Angeles County Community
Development Commission
ඵ Santa Barbara County
ඵ City of Calabasas
ඵ City of Menifee
ඵ County of Santa Cruz
ඵ San Luis Obispo Council of Governments
ඵ Ventura Hillsides Conservancy
ඵ Tulare County Association
of Governments
Private Development
ඵ Many Mansions
ඵ Richmond American Homes
ඵ Reliable Properties
ඵ DR Horton
ඵ Western Pacific Housing
ඵ AMCAL Multi-Family Housing
ඵ Cabrillo Economic
Development Corporation
DEVELOPMENT
Rincon offers comprehensive environmental services to manage community and land development projects throughout California.
With invaluable multidisciplinary skills and a statewide reach since 1994, we develop and apply best practices to assist clients in meeting their project goals and enhancing outcomes.
GOVERNMENT
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura
GOVERNMENT
Rincon understands the challenges government agencies face with providing services that protect public health and safety, the environment, and quality of life, along with being the gatekeeper of land use decision making. Our talented professionals assist in solving these challenges through expert environmental and planning services. We have strong local regulatory understanding, experience with unique processes and circumstances, statewide resources, and the ability to responds quickly to project needs.
EXPERTISE
Local and Regional
Rincon offers Cities and Counties a strong, local presence to assist with upcoming projects. We have experience working with the private sector and government agencies on public utility, infrastructure, transportation, and public works projects. Additionally, we have held many on-call environmental consulting services contracts and have been included on several qualified consultant lists throughout California.
State
Rincon is highly familiar with California’s stringent environmental policies and can help navigate a project through the maze of laws and regulations. Our professionals are well-versed in CEQA guidelines and routinely work with State agencies such as Caltrans, Department of Fish and Wildlife, Department of Parks and Recreation, State Lands Commission, Coastal Commission, and Native American Heritage Commission.
Federal
In addition to guiding clients through California environmental laws and regulations, Rincon assists with projects requiring federal oversight. Using our GSA Schedule, we are authorized to provide environmental consulting services on federal government projects across the United States. Our professionals assist with preparing NEPA documentation on projects utilizing federal funding; completing permit applications for construction projects; and providing consultations regarding Sections 106 and 100 of the National Historic Preservation Act.
SELECT CLIENTS
Regional
ඵ San Diego Association
of Governments
ඵ South Bay Cities Council
of Governments
Counties
ඵ County of Los Angeles
ඵ County of Monterey
Cities
ඵ City of Malibu
ඵ City of Los Angeles
ඵ City of Berkeley
Other Municipalities
ඵ Civic San Diego
ඵ Metropolitan
Water District
of Southern California
AFFORDABLE HOUSING
420+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura rinconconsultants.com | (805) 644-4455
Rincon’s affordable housing team plays a key role in developing background data and conducting analyses to inform strategies and recommendations for opportunity area development. The team uses a “triple bottom-line” approach of sustainable economics, equity and environment. We believe that there are practical solutions to affordable development and urban issues which will achieve this triple bottom-line and that socialequity, environmental solutions and community benefits result in the best outcomes for equitable planning efforts. Community voices, assets and culture will be at the forefront of our research and this input will be gathered through impactful community engagement. Questions such as:
ඵ What is your vision for an equitable community?
ඵ How can your community grow and change while also maintaining its character and affordability?
ඵ What are the unmet housing needs that could be accommodated with a new housing type, such as live-work or missing middle housing?
ඵ What types of housing and commercial uses are desired in the community? ඵ What housing types are new home buyers looking for?
ඵ What standards and incentives will best promote infill development and economic diversity?
ඵ What services are needed most to support residents and businesses? ඵ What challenges do local small businesses face?
Our engagement strategy is designed to get feedback on these questions and more gathered from diverse stakeholders to guide recommendations and priorities.
Additionally, our urban design and land use team will support these conversations through the identification of equitable urban design concepts that can be used to support the integration of equity into the urban fabric.
SELECT CLIENTS
ඵ Housing Authority of the City of
Los Angeles (HACLA)
ඵ Oakland Housing Authority
ඵ BRIDGE Housing
ඵ AMCAL Housing
ඵ California Housing Finance Agency
ඵ Housing Matters
ඵ American Family Housing
ඵ Charities Housing
ඵ MidPen Housing Corporation
ඵ Housing Authority of Santa Cruz
ඵ Housing Authority of Santa
Barbara County
HOUSING CONNECT TOOL
ඵ The Housing Connect tool provides
local governments with the
resources necessary to manage
and report residential activity in a
publicly transparent and visually
appealing way.
- https://www.rinconconsultants.
com/housing-connect/
AFFORDABLE HOUSING
PUBLIC OUTREACH
AND ENGAGEMENT
400+ employees in 12 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Redlands | Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura rinconconsultants.com | (805) 644-4455
Community engagement is at the heart of planning, and
Rincon’s team excels at creating tailored, community-focused engagement plans. We specialize in presenting technical information and processes into opportunities for relationshipbuilding and meaningful input, providing the client with the opportunity to address issues head-on and enhance
community decision-making. Our experienced facilitators have managed public outreach campaigns for land development
and transportation projects, Climate Action Plans, General Plans, and other planning efforts throughout California since 1994. Through our planning expertise and in-house graphics and design capabilities, we help clients connect with their communities and enhance project outcomes.
As professional planners, we understand the importance of engaging both responsible agencies and the public throughout the planning process. We also work closely with stakeholders and public officials to communicate information clearly and work toward common goals. Our planning staff has extensive experience managing a broad range of public involvement programs, from online campaigns and innovative tailored activities to traditional meetings, charrettes and workshops.
EXPERTISE
ඵ Meeting Facilitation
ඵ Public Workshops
ඵ Stakeholder Meetings
ඵ Data Visualization
ඵ Online Engagement
SELECT PROJECTS
ඵ Calabasas 2030 General Plan
and EIR – City of Calabasas
ඵ Monterey County Regional
Conservation Investment
Strategy – Transportation
Authority for Monterey County
ඵ Vista Climate Action Plan
Update – City of Vista
ඵ Sacramento Climate Action
Plan – City of Sacramento
ඵ Crosby Habitat Management
Program at Rancho Santa Fe
SELECT CLIENTS
ඵ City of Calabasas
ඵ City of Palo Alto
ඵ City of Alhambra
ඵ City of Sacramento
ඵ City of Rancho Mirage
ඵ City of Dublin
ඵ City of Walnut
ඵ City of Pasadena
ඵ County of Merced
ඵ The Crosby
Habitat Management
ඵ San Luis Obispo
Air Pollution
Control District
ඵ Community
Bank of the Bay
ඵ Transportation
Authority for
Monterey County
PUBLIC OUTREACH AND ENGAGEMENT
ACTIVE TRANSPORTATION
PLANNING
rinconconsultants.com | (805) 644-4455
420+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Our environmental and planning professionals
provide multi-disciplinary skills that combine
with our statewide reach to assist clients in
meeting their active transportation goals.
We develop policy documents and complete
environmental review for projects including
bicycle and pedestrian plans, complete streets,
regional and local trails, and healthy community
strategies. Our expert staff have prepared
environmental analysis for active transportation
projects from the due diligence phase through
implementation for over 25 years.
Rincon is committed to helping our clients
make their communities high quality places
to live with sustainable, health-conscious
practices that promote access to active
transportation opportunities. Our awardwinning team has analyzed the environmental impacts of recreational trails across the state
and developed environmental constraints
studies to inform initial project engineering.
Our diverse staff have been involved in multiple
phases of active transportation planning from
public outreach to assisting clients finalize
environmental review.
SERVICES
ඵ CEQA and NEPA Assistance
ඵ Technical Studies (i.e., Biological
Resources, Cultural Resources,
Envrionmental Site Assessments)
ඵ Greenhouse Gas Accounting
ඵ Identification of Disadvantaged
Communities
ඵ Public Engagement and
Outreach Support
ඵ Grant Funding
ඵ Resilience Design Support
ඵ Bicycle and Trail Planning
ඵ Regulatory Permitting
SELECT PROJECTS
ඵ Fort Ord Regional Trail and
Greenway, Transportation Agency
for Monterey County
ඵ City of Hercules Pedestrian
Corridor Transit Center Connector
ඵ City of Lafayette Safe Routes to
Acalanes High School CEQA
ඵ City of Pittsburg Active
Transportation and Safe
Routes Plan
ඵ City of Milpitas Active
Transportation Plan
ඵ Napa Countywide Pedestrian Plan
ඵ Napa Countywide Bicycle Plan
ඵ City of Ventura Active
Transportation Mobility Plan
ඵ City of Galt C Street
Enhancement Project
ඵ Monterey Bay Sanctuary Scenic
Trail Segments 8 through 11
ඵ City of Escondido Creek Trail and
Expansion Project
ඵ City of Riverside Gage Canal
Trail Project
ඵ City of Temecula South Side Trail
ACTIVE TRANSPORTATION PLANNING
AWARDS
ඵ North Coast Rail Trail – Outstanding
Environmental Document,
Association of Environmental
Professionals (AEP)
ඵ Templeton-Atascadero Bikeway
Connector Trail Constrains Report
– Outstanding Environmental
Resources Document, AEP
ඵ Chorro Valley Trail Study –
Transportation Planning Award
of Merit, American Planning
Association
Climate Action Plan Implementation Application
CAPDash
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Rincon Consultants has developed unique expertise by completing and implementing Climate Action Plans (CAPs) for cities and agencies, and collaborating with planning directors, public works managers, and others responsible for developing and implementing Greenhouse Gas (GHG) reduction policies. That expertise includes approaches that can be customized and scaled to meet the GHG reduction efforts of any jurisdiction and region, and to develop and implement GHG reduction measures that fit a community’s political environment, history, budget, and requirements.
Additionally, these practical suggestions can be scaled or adapted depending on the needs, concerns, and attributes of your community.
CAPDash allows cities to meet CEQA and
air district regulations with significant
cost efficiencies, while leveraging
visualizations and infographics that can
be added to report progress with GHG
emission reduction.
Climate Action Plan Implementation Application
CAPDash
Our customizable web-based
dashboard for:
ඵ CAP measure tracking
ඵ Transparent data visualization
ඵ Communication with stakeholders.
rinconconsultants.com/capdash
Transparency & Communication
ඵ Highlight CAP implementation successes
ඵ Focus on fewer, well-developed
measures that include co-benefits and
implementation cost data
ඵ Prioritize interdepartmental collaboration
ඵ Cater community outreach to local
demographics via multifaceted campaigns
Funding
ඵ Ensure that every measure and action includes
funding sources
ඵ Index all applicable regional, state, and federal
funding opportunities
ඵ Develop multiple revenue strategies and provide
implementation assistance, including volunteer
organization and grant applications
Tracking
ඵ CAPDash tool
ඵ Ensure that every measure has key performance
indicators to report progress with clear
infographics and visuals
ඵ Document all emissions factors and
methodologies for accessible updates
Ambiguity
ඵ Insufficient political buy-in
ඵ Minimal
interdepartmental support
ඵ Incomplete community
outreach strategies
Limited Resources
ඵ Lack of department funding
ඵ Insufficient Staff time
and resources
ඵ Ad hoc (grant dependent)
implementation
Poor Monitoring
ඵ Lack of monitoring or
reporting platforms
ඵ Minimal measurement or tracking
of activity data
CAP Implementation
SUSTAINABILITY SERVICES
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura
SERVICES
ඵ Climate Change Resiliency
Planning & Impact Analysis
- Impact Assessment (e.g.,
sea-level rise, coastal erosion,
flooding, salt water intrusion,
wildfire, ecosystems, etc.)
- Mitigation & Minimization
Measure Development
- Vulnerability & Risk Assessment
- GIS Mapping
- Local Coastal & Hazard
Mitigation Plan Update
ඵ Climate Action Planning
ඵ Greenhouse Gas
Emissions Inventories
ඵ Energy Action Planning
ඵ AB 32 Greenhouse Gas
Reporting & Verification Services
ඵ Battery Storage &
CEQA Compliance
ඵ Green Building Analysis –
LEED® & Build It GreenTM
ඵ Solar Energy Expertise & CEQA
Compliance for Solar Facilities
ඵ Grant Writing for Sustainability
& Climate Action Planning
ඵ Strategic Growth Council Prop
84 Sustainable Community
Planning Grants Projects
ඵ Building Electrification Studies
ඵ EV Feasibility Studies
ඵ Solar Siting Studies
SUSTAINABILITY SERVICES
Rincon recognizes that addressing the challenges of climate change demands innovative solutions. We help clients achieve thier sustainability goals and bring local agencies in compliance to the rapidly evolving environmental regulations, including SB 32, SB 97, SB 375, and EO B-55-18. As a recognized leader in sustainability and climate action and resiliencey, our team of planners, policy analysts, engineers, climate change and energy specialists, LEED® accredited professionals, and California Air Resources Board (CARB) accredited greenhouse gas emissions Lead Verifiers brings reliable expertise and creativity to this service line.
ADDITIONAL EXPERIENCE
Rincon has expertise in both developing and implementing policies and ordinances for climate action and sustainability measures relating to electricity, natural gas, water, waste, and transportation as part of our work with agencies on Climate Action and Adaptation Plans and Sustainability Master Plans across California. Our unique combination of policy and implementation experience allows us to craft real world solutions to some of California’s most difficult GHG reduction, sustainability, and resiliency challenges. Below we include examples of some recent projects we have worked on.
Climate Action Plans
Rincon is a recognized leader in climate action planning and have prepared multiple climate action plans for agencies throughout California.
ඵ City of Pittsburgh
GHG Inventory
ඵ Pasadena
ඵ Sacramento
Merced County
ඵ Metropolitan Water District
ඵ San Mateo County
ඵ Port of Hueneme
ඵ Imperial County
Transportation Commission
Implementation Projects
Rincon has significant experience implementing innovative GHG reduction projects.
ඵ CAP Implementation
Tracking Program,
West Hollywood
ඵ Central Sierra Zero
Emission Vehicle
Readiness Plan, Center for
Sustainable Energy
ඵ City Wide Electrification
Plan, City of Berkeley
ඵ Fleet Electrification
GHG Analysis for Grant
Application, Solano
Transit Agency
Adaptation Projects
Rincon is on the cutting edge of
vulnerability and adaption analyses
and tools from the local level to the
regional and statewide level. On a local
level, Rincon has integrated climate
vulnerability and adaptation as a
component of large planning documents
such as Local Coastal Plans, General
Plans, and Climate Action Plans.
ඵ Vulnerability Assessment and Fiscal
Impact Report and Adaptation
Strategy Report, Oxnard Local Coastal
Plan Comprehensive Update
ඵ City of Morro Bay General Plan/
Local Coastal Program Update,
ESHA, and EIR
ඵ Rancho Mirage Safety Element and
General Plan (AEP Outstanding
Planning Document Award, APA Best
Practices Award)
GHG Inventories
Rincon has developed GHG
inventories and studies for private
clients, municipalities and special
districts throughout California.
Our team is made up of CARB
Accredited Lead Verifiers who
cumulatively audit approximately
40 percent of the cap and trade
covered GHG emissions in
California, giving us unparalleled
experience with a wide variety of
inventory methodologies and a
comprehensive understanding of
best practices.
ඵ City of Pittsburgh GHG Inventory
ඵ PG&E Statewide
Facilities GHG Audit
ඵ Stanford University
GHG Inventory
ඵ HJ Baker Life Cycle Assessment
TRANSPORTATION
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Rincon offers comprehensive environmental services to help plan and deliver a wide variety of transportation projects for local, state, and federal agencies. We focus on supporting project planners, designers, and stakeholders as a trusted partner to identify creative solutions to address environmental constraints and meet our clients’ specific project goals.
EXPERTISE
Regional Planning
Regional Transportation Plans (RTPs)
and Sustainable Communities Strategies
(SCS) coordinate comprehensive regional
planning for transportation facilities and
improvements with land use planning
and environmental goals. Rincon is a
recognized statewide leader in preparing
RTP and SCS environmental impact
reports (EIRs).
Highways, Roads, Bridges
Minimizing environmental impacts
in compliance with local, state and
national regulations is an important
consideration in the planning and
construction of highways and local
roads. Rincon understands the dynamics
of transportation facilities and can
help our clients successfully meet
regulatory requirements while achieving
project goals.
Railways and Transit
We have developed a reputation for
successfully completing the environmental
analysis and permitting processes of both
large- and small-scale transit, railway, and
transportation systems projects.
Active Transportation
Rincon assists clients with opportunity
identification, trail planning and
environmental constraints analysis, grant
acquisition, CEQA/NEPA analysis, and
regulatory permitting for bicycle, walking,
jogging, horseback riding, and other trails.
Airport Facilities
Environmental consulting services
for airport projects requires unique
capabilities and resources. Rincon
completes specialized investigations for
airports, including biological assessments
related to sensitive habitats and potential
bird strikes, specialized noise, hazards,
and emissions studies, and evaluations of
airport land use plans.
SELECT CLIENTS
Regional Planning Agencies
ඵ California High Speed
Rail Authority
ඵ Caltrans
ඵ Foothill Transit
ඵ Alameda-Contra Costa Transit
ඵ Santa Cruz County Regional
Transportation Commission
ඵ Ventura County
Transportation Commission
ඵ Napa County
Transportation Authority
ඵ Los Angeles Metropolitan
Transportation Authority
ඵ Transportation Agency for
Monterey County
ඵ Santa Cruz County Regional
Transportation Commission
ඵ North County Transit District
ඵ Santa Barbara County
Association of Government
ඵ Stanislaus Council of
Governments
ඵ Association of Monterey Bay
Area Governments
TRANSPORTATION
BIOLOGICAL RESOURCES
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Rincon offers comprehensive biological consulting and
regulatory compliance services to a diverse range of
economic sectors throughout California. Offices positioned throughout the State deliver the benefits of local knowledge and presence to our clients. A broad range of subject
matter expertise results in high quality, timely guidance, documentation, and service. We support projects from
concept through implementation, and drive success on our clients’ projects as diligently as if they were our own.
SERVICES
ඵ Baseline Biological
Resources Inventories and
Vegetation Mapping
ඵ Habitat Assessment and
Protocol Survyes for SpecialStatus Plants and Wildlife ඵ Environmental Permit
Acquisition
ඵ Compliance Program
Development
ඵ Roosting Bat Surveys
ඵ Nesting Bird Surveys and
Deterrent Solutions
ඵ Wetland Delineations
ඵ Arborist Studies
ඵ Riparian and Upland
Habitat Restoration
Planning and Design
ඵ Construction Monitoring
and Training
ඵ Strategic Consulting to
Facilitate Project Approvals
ඵ Violation Support
ඵ Emergency Response
AREAS OF EXPERTISE
ඵ Environmental Review: Biological studies that meet
requirements of CEQA, NEPA, and the Coastal Act.
ඵ Endangered Species: Surveys, mitigation planning,
consistency with regional habitat conservation plans, and federal/state endangered species permitting.
ඵ Lakes, Streams, and Wetlands: Delineation, functual
assessment, permitting, and mitigation planning for federal and state waters and wetlands.
ඵ Ecological Restoration: Creating and enhancing native habitats, monitoring success and guiding management.
ඵ Compliance: Solution-oriented compliance monitoring and reporting for construction projects.
ඵ Marine and Fisheries: Providing expertise developing and executing marine, estuarine, and coastal resource planning, permitting, surveying and monitoring.
ඵ Due Diligence: Cost-effective screening for resources that may result in permitting delays or costly mitigation.
SELECT CLIENTS
Utilities
ඵ Metropolitan
Water District of
Southern California
ඵ Southern California
Gas Company
ඵ Southern
California Edison
ඵ AT&T
Public Agencies
ඵ Caltrans
ඵ High-Speed Rail Authority
ඵ County of Ventura
ඵ California State
University and
University of California
Private Companies
ඵ KB Home
ඵ Plains AllAmerican Pipeline
ඵ First Solar, Inc.
ඵ Granite Construction
ඵ T.Y. Lin
BIOLOGICAL RESOURCES
CULTURAL AND
PALEONTOLOGICAL RESOURCES
420+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San Luis Obispo | San José | Santa Barbara | Ventura rinconconsultants.com | (805) 644-4455
Rincon provides high quality cultural resources services to the private and public sector. Our archaeologists meet or exceed the Secretary of the Interior’s Professional Qualification Standards for prehistoric archaeology, historic archaeology, and history.
They are supported by paleontologists who meet or exceed the Society for Vertebrate Paleontology’s qualifications standards, archaeological and paleontological technicians, geographic information system staff, technical editors, and document production specialists. When analyzing projects, Rincon considers the full spectrum of cultural resources including archaeological, built environment, and traditional cultural properties.
SERVICES
ඵ Literature Reviews/Records
Searches/Archival Research
ඵ Native American Consultation
ඵ Cultural and Paleontological Critical
Issues Analysis
ඵ Cultural and Paleontological
Resource Surveys
ඵ Extended Phase I (XPI)
Archaeological Surveys
ඵ California Register of
Historical Resources and National
Register of Historical Places
Eligibility Evaluations
ඵ Archaeological Site Testing
ඵ Historic Built Environment
Resource Evaluation
ඵ Traditional Cultural
Property Evaluation
ඵ Archaeological Data
Recovery Programs
ඵ Native American Monitor
Training Programs
ඵ Section 106 Consultation
ඵ Memoranda of Agreement
ඵ Cultural and Paleontological
Findings of Effects
ඵ State Historic Preservation
Officer Consultation
ඵ Historic Preservation Plans
ඵ Cultural and Paleontological
Resources Management Plans
ඵ Cultural and Paleontological
Third-Party Peer Review
ඵ Paleontological Resources Analysis
ඵ Cultural and Paleontological
Resources Construction Monitoring
ඵ Worker Environmental Awareness
Program (WEAP) Training
ඵ AB 52 and SB 18 Assistance
SELECT CLIENTS
Utilities
ඵ Southern California Edison
ඵ Plains All American Pipeline
ඵ Riverside Public Utilities Commission
ඵ Metropolitan Water District of
Southern California
ඵ Confidential Solar Developers
Private Companies
ඵ Wakeland Housing and Development
ඵ Sukut Development
ඵ ROEM Development
ඵ Cabrillo Economic
Development Corporation
ඵPublic Agencies
ඵ County of Riverside
ඵ City of Riverside
ඵ City of Chino Hills
ඵ City of Ontario
ඵ City of Chino Hills
ඵ City of Marina
ඵ City of Claremont
ඵ City of Agoura Hills
ඵ City of Ventura
ඵ Ventura Unified School District
ඵ North County Transit District
CULTURAL AND PALEONTOLOGICAL
RESOURCES
ARCHITECTURAL HISTORY
& PRESERVATION
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Rincon Consultants offers a full suite of historic
resources services to clients across the public and
private sectors. We identify and evaluate historic
properties in the built environment, develop historic
context statements, and create mitigation strategies
to reduce impacts or effects to historic resources.
Our award-winning professional staff members meet
or exceed the Secretary of Interior’s Professional
Qualification Standards for history and architectural
history. Whether the project involves a MidCentury Modern neighborhood or a 19th-century water conveyance system, Rincon’s expert team of
specialists will ensure each client receives the best
quality product to meet their specific needs, based
on solid, defensible research and analysis.
Our deep experience working with jurisdictions
and agencies across the state combines with our
innovative public outreach approach and allows us to
offer sensitive, nuanced coordination among federal,
state, and local agencies and other interested
parties, including private citizen groups and historic
preservation societies.
SERVICES
ඵ Federal, state, & local
historic preservation
ordinance compliance
ඵ Certified local
government compliance
ඵ Evaluation & nomination for
NRHP, CRHR, & local listing
ඵ Research, surveys, evaluation,
& preparation of DPR 523
series forms
ඵ HABS/HAER documentation
ඵ Mills Act documentation
ඵ Historic context statements
ඵ Historic structures reports
ඵ Mothball plans
ඵ Design guidelines for historic
building & district preservation
ඵ Expert testimony on historic
preservation issues
ඵ Oral history interviews
SELECT CLIENTS
ඵ City of Beverly Hills
ඵ City of Hermosa Beach
ඵ City of Long Beach
ඵ City of Los Angeles,
Department of
Recreation & Parks
ඵ City of Marina
ඵ City of Oakland, Bureau
of Engineering &
Construction
ඵ City of Riverside
ඵ City of San Francisco
ඵ County of San Benito
ඵ County of Ventura, Public
Works Department
ඵ Transportation Agency
of Monterey County
ARCHITECTURAL HISTORY
& PRESERVATION
ENVIRONMENTAL
DUE DILIGENCE
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Rincon’s Environmental Site
Assessment group offers due
diligence services for a variety
of client types, including public
agencies, educational facilities,
developers, and lending institutions.
We have vast experience in
completing Phase I Environmental
Site Assessments according to “All
Appropriate Inquires” (AAI) standards,
and due diligence resources
management constraints analysis. Our
capabilities include focused analyses
of biological, cultural, paleontological,
and other resource issues combined
to create sensitivity maps illustrating
where development is most and
least feasible.
We respond quickly and are
accustom to deadline-driven work
due to time sensitive requests so
that our clients can make informed
and sound decisions about
property transactions.
SERVICES
Resource Management Constraints Analysis
ඵ Biological Resource
ඵ Jurisdictional Water
ඵ Special-Status Species/Critical Habitat
ඵ Cultural, Paleontological, Archaeological Resources
ඵ Historic Properties Constraints Analysis
Hazardous Waste Assessments
ඵ Phase I Environmental Site Assessment
(Phase I ESAs)
ඵ Phase II Environmental Site Assessment
(Phase II ESAs)
ඵ Transition Screens
ඵ Small Business Administration Loan Reporting
ඵ Third Party Report Reviews
ඵ Hazardous Waste Characterization; Soil, Soil Vapor,
and Groundwater
ඵ Health Risk Assessment and Fate and
Transport Modeling
ඵ Remediation Planning, Design,
and Implementation
ඵ Asbestos/Lead Based Paint Testing
ඵ Risk Management Plans
SELECT CLIENTS
Public Companies
ඵ Recurrent Energy
ඵ Reliable Properties
ඵ Richmond
American Homes
ඵ NRG Energy, Inc.
Public Agencies
ඵ Los Angeles
County Community
Development Commission
ඵ City of Malibu
ඵ Oakland
Housing Authority
Financial Institutions
ඵ Pacific Premier Bank
ඵ Wells Fargo
ඵ New York Life Investment
Management Group
ENVIRONMENTAL DUE DILIGENCE
Environmental Due Diligence/Site Assessment
PFAS (PER- AND POLY-FLUOROALKYL SUBSTANCES)
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura PFAS (PER- AND POLY-FLUOROALKYL SUBSTANCES):
In the headlines, in the environment, and not going anywhere.
PFAS, or per- and poly-fluoroalkyl substances (PFAS), occupy a well-earned spot in headline news these days. These chemicals have been detected across the state of California in drinking water sources, and based on several factors, including their recalcitrance, suspected toxicity, and chemical and physical properties, have become a top priority for regulatory agencies. The ubiquity of PFAS in the environment implicates municipalities, public agencies, the federal government, and private industry in the regulation and management of this multifaceted issue.
WHO IS AT RISK?
California regulators have identified several
industries as potential contributors of PFAS
to drinking water sources. Rincon Consultants
has the expertise to strategize with owners
and operators of the following types of
facilities who may be implicated in emerging
PFAS regulations:
ඵ Landfills
ඵ Airports
ඵ Chrome
plating facilities
ඵ Refineries
ඵ Bulk fuel terminals
ඵ Non-airport fire
training areas
ඵ Manufacturing
sites where
PFAS containing
materials were used
ඵ Wastewater and
pre-treatment plants
ඵ Public water
suppliers
OUR EXPERTISE
PFAS add a new layer of complexity to site assessments and remediation.
As regulatory agencies evaluate how to best approach PFAS regulation, Rincon Consultants is positioned to counsel clients across several industries on PFAS-related concerns from a place of experience, and by closely following PFAS-related regulatory actions in California. Rincon’s professional staff are prepared to work with clients on simple and effective means for approaching PFAS site investigations, understanding the level of risk at their facilities, recognizing the implications of PFAS detected during site investigations, and advocating for our clients in discussions with regulatory agencies.
From academic communities, to private industry, to regulatory agencies, the environmental, ecological, and human-health aspects of PFAS contamination remain a priority issue. Rincon Consultants is committed to being a trusted source of information for our clients as this issue continues to unfold.
SITE ASSESSMENT
& REMEDIATION
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Rincon provides environmental site assessment and remediation services to public and private sector clients throughout California. Our comprehensive understanding of environmental issues, site development/redevelopment, and regulatory
requirements allows us to offer cost effective and time sensitive solutions for projects of all sizes.
Our talented professional staff are trained in a variety of environmental practices and can lead a project from the first stages of assessment through remediation and site closure.
EXPERTISE
ඵ Phase I Environmental
Site Assessments
ඵ Phase II ESA and
Hazardous Waste
Characterization
ඵ Preliminary
Environmental
Assessments
ඵ Supplemental Site
Investigations
ඵ Remediation Planning,
Design, and Operation
ඵ Groundwater
Investigations,
Monitoring, and
Remediation
ඵ Underground Storage
Tank Investigation and
Remediation
ඵ Health Risk Assessments
ඵ Risk Based Corrective
Action Modeling
ඵ Department of
Toxic Substances
Control HERD Health
Risk Modeling
ඵ Construction
Environmental
Monitoring
ඵ Methane Soil Gas Testing
ඵ Spill Prevention Control
and Countermeasure
Plan Compliance
ඵ Transaction Screens
ඵ Hazardous
Materials Surveys
ඵ Geological and
Seismic Studies
ඵ Expert Witness/
Litigation Support
ඵ Environmental
Consultation
SELECT CLIENTS
Public Agencies
ඵ Los Angeles
County Community
Development Commission
ඵ County of Santa Barbara
ඵ County of Ventura
ඵ City of Los Angeles
ඵ City of San Diego
ඵ City of Santa Ana
ඵ City of Pittsburg
ඵ Ceres Unified
School District
Private Companies
ඵ ROEM Development
ඵ Richmond
American Homes
ඵ Reliable Properties
ඵ Chelsea’s Investment
Corporation
ඵ AMCAL Multi-Family
ඵ Union Bank
SITE ASSESSMENT & REMEDIATION
WATER RESOURCES
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura The careful management of water resources is an important responsibility for local, state, and federal agencies. Rincon assists clients through the environmental regulatory process; from project initiation to construction. We strategically undertake such projects with a focus on timely completion, cost effectiveness, strong project communication, stakeholder management, and achievement of project objectives. We do this while minimizing environmental impacts so they are consistent with resource management goals.
EXPERTISE
Water Supply
Rincon analyzes CEQA and NEPA related environmental impacts of projects that would affect local water supplies, such as water treatment systems to remove contaminants from groundwater, replacement of mains and pipelines that convey drinking water, and water appropriations and diversions. Where projects may affect biological resources, we can assess project sites for sensitive species and habitats, including those with regulatory protection.
Wastewater
Rincon has a wide breadth of experience in working with both large and small wastewater systems. Our team has the expertise to provide environmental solutions for projects involving constructing or modifying a wastewater treatment plant, recycled water, replacing sewer mains, or dealing with clarifiers and sumps in need of remediation. We are experienced at obtaining permits from federal, state, and regional agencies, surveying cultural and biological resources on project sites, reviewing projects for CEQA and NEPA compliance, and remediating contaminants from wastewater discharges.
Water Quality
Our team of water resources specialists consists of Qualified Storm Water Pollution Prevention Plan Developers and Practitioners, and Certified Inspectors of Sediment and Erosion Control. Rincon staff are experts in water quality monitoring; writing and implementing storm water pollution prevention plans; consulting with government agencies to obtain permits; applying cost-effective, proven technologies to remediate waterborne contamination; and creating, restoring or mitigating wetlands and riparian habitats. For projects involving structural changes to address water quality, such as storm drain improvements, we also conduct CEQA environmental review.
SELECT CLIENTS
Water Supply
ඵ Coachella Valley Water District
ඵ Eastern Municipal Water District
ඵ San Bernardino Valley Water
Conservation District
ඵ San Diego County Water Authority
ඵ Metropolitan Water District of
Southern California
ඵ Metropolitan Water District of
California
Wastewater
ඵ East Valley Water District
ඵ San Bernardino Valley Municipal
Water District
ඵ Carpinteria Sanitary District
Water Qaulity
ඵ Inland Empire Utilities Agency
ඵ City of Redlands
ඵ County of San Luis Obispo
WATER RESOURCES
GROUNDWATER
SUSTAINABILITY PLANS
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura
EXPERTISE
Rincon will support Groundwater Sustainability Agencies (GSAs) adaptive management approaches to update and implement their Groundwater Sustainability Plans (GSPs),and leverage our expertise related to surface water-groundwater interactions and the associated Groundwater Dependent Ecosystems (GDEs). As a full-service firm with a Statewide reputation as a natural resources and environmental planning firm, our GSP Services Team will address beneficial users of groundwater (e.g., GDEs) as part of program and project management actions. This includes analysis of project design constraints, CEQA/NEPA planning, regulatory permitting, and construction design and monitoring.
Rincon’s environmental team will assist GSAs fill data gaps related to surface water-groundwater interactions and GDEs, implement long-term groundwater elevation and surface water monitoring programs, and integrate relevant sustainability policies that qualify for funding and meet SMC goals. Rincon experts include aquatic, fisheries and terrestrial biologists, professional engineers and geologists, certified hydrogeologists, and climate change adaptation scientists. Rincon’s expertise includes communication and engagement specialists and facilitators who know how to communicate to the wide range of stakeholders (e.g., Boards, resource agencies, community stakeholders, disadvantaged communities, and Non-governmental agencies, rural residents and agricultural representatives.)
SELECT CLIENTS
Water Supply
ඵ United Water Conservation District
ඵ Casitas Municipal Water District
ඵ Metropolitan Water District of
Southern California
ඵ San Diego County Water Authority
ඵ Las Virgenes Municipal Water District
ඵ California American Water
ඵ Camrosa Water District
Wastewater
ඵ Carpinteria Sanitary District
ඵ Nipomo Community Services District
ඵ City of Fillmore
Water Quality
ඵ Ventura County Watershed
Protection District
ඵ County of Monterey
Resource Management Agency
ඵ City of Pacific Grove
ඵ County of Ventura Public Works
ඵ County of San Luis Obispo
GROUNDWATER SUSTAINABILITY PLANS
ENERGY AND UTILITIES
rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura One of our key strengths is our involvement in
energy and utilities projects from inception to
implementation, which spans from pre-planning
activities (alternative and constraints analyses,
biological and hazardous site assessments,
hazardous remediation) to project analysis
(California Environmental Quality Act [CEQA]/
National Environmental Policy Act [NEPA]
compliance, regulatory permitting, conditional
use permits), through permitting and project
implementation (construction management,
scheduling, construction monitoring, reporting) to
post construction activities (habitat restoration,
mitigation monitoring). As a result, we have a
full understanding of the demands of large-scale
energy projects and the interaction between
different environmental issues and the directives
of regulatory agencies responsible for them. We
understand the nuances of a proposed project
within its regulatory environment, and can
effectively direct the resources on our project
team to provide the necessary services.
Rincon has provided CEQA/NEPA environmental
documentation, permitting, and/or construction
compliance oversight for approximately 40,000
acres of commercial-scale solar energy and
battery storage development; this equates to
roughly 25,000 megawatts (MW).
SERVICES
ඵ CEQA compliance documents
ඵ NEPA compliance documents
ඵ Noise, air quality, and greenhouse
gas studies
ඵ Land Use Permitting Assistance
ඵ Biological Resources Assessment
and Permitting
- Federal Endangered Species Act
- California Endangered Species Act
- Migratory Bird Treaty Act
ඵ Aquatic Resources Delineations
and Permitting
- California Department of Fish and
Wildlife (CDFW) Lake or Streambed
Alteration Agreements (LSAA)
- Clean Water Act (CWA) Section
404 Permitting
- Clean Water Act Section 401/
Regional Water Quality Control
Board (RWQCB)Permitting
ඵ Bureau of Land Management Plans
of Development
ඵ Cultural resources assessments and
Section 106/AB 52 Consultation
SELECT CLIENTS
ඵ Southern California Gas Company
(SoCal Gas) On-Call Environmental
Consulting Services
ඵ Pacific Gas & Electric (PG&E)
On-Call Environmental
Consulting Services
ඵ Southern California Edison
(SCE) On-Call Environmental
Consulting Services
ඵ Intersect Power
ඵ White Pine Renewables
ඵ NextEra
ඵ Avantus
ඵ SBEnergy
ඵ Idemitsu Renewables
ENERGY AND UTILITIES
ඵ Visual resources analysis,
simulations, and mitigation
ඵ Environmental site assessment
and remediation
ඵ Stormwater Pollution Prevention
Plans and water quality and water
supply analyses