06-0320_CULBERTSON ADAMS & ASSOCIATES INC_Personal Services AgreementM
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this,v day of 2006,
by and between the City of San Juan Capistrano (hereinafter referred to as the "City")
and CULBERTSON ADAMS AND ASSOCIATES, INC., (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide biological monitoring services for the 760 S Reservoir Project; and
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
set forth in Exhibit "A", attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed no later than May 1, 2007.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall be for a not to
exceed fee of Twenty -Four Thousand One Hundred Dollars ($24,100) as set forth in
Exhibit "B" (Year 1), attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City as set forth in Exhibit "B," attached and
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incorporated herein by reference. Included within the compensation are all the
Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Notwithstanding the payment terms outlined in Exhibit "B", Consultant shall
submit monthly invoices based on total services, which have been satisfactorily
completed and specifying a percentage of projected completion for approval by the City.
The City will pay monthly progress payments based on approved invoices in
accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
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In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement. Consultant shall
complete the Scope of Services as set forth in the schedule included in Exhibit "A",
attached and incorporated herein by reference.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City
at least one (1) copy of any final reports and architectural drawings containing
Consultant's findings, conclusions, and recommendations with any support
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, and hold harmless City, its elected and appointed
officials and employees from any and all liabilities, expenses or damages of any nature,
including reasonable attorneys' fees, for injury or death of any person or damage to
property or interference with use of property resulting from errors and omissions
committed by Consultant arising from the negligent acts of Consultant, its agents,
employees and subcontractors in carrying out its obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
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Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
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14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Shawna Schaffner
Culbertson Adams and Associates, Inc.
85 Argonaut, Suite 220
Aliso Viejo, CA 92656
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
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This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
v
R. Monahan, City Clerk
D AS TO FORM:
John R. Shaw, City Attorney
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CITY OF SAN JUAN CAPISTRANO
By: C5't .
Dave Adams, City Manager
CONSULT NT
A
By:
� aL
Culbertson Adams and Associates, Inc.
a California corporation
Kevin Culbertson
CFO
Proposal for the
City of San Juan Capistrano
760 S Reservoir Project
Biological
Monitoring services
Culbertson, Adams & Associates
85 Argonaut, Suite 220
Aliso Viejo, CA 92656
(949) 581-2888
March 6, 2006
EXHIBIT "A"
Proposal for Biological Monitoring Services i
City of .San Juan Capistrano
Contents
I.
Statement of Proposal/Offer..................................................................................................
1
II.
Scope of Services...................................................................................................................
2
1. Field Monitoring...........................................................................................................
2
2. Report Preparation........................................................................................................
8
3. Project Management.....................................................................................................
8
III.
Qualifications and Experience.............................................................................................
10
IV.
Project Team........................................................................................................................13
Core Team of Key Personnel...............................................................................................
13
Organizational Chart for the 760 S Reservoir Biological Monitoring Project
.................... 14
V.
Schedule...............................................................................................................................15
VI.
Fee........................................................................................................................................
17
General Provisions and Schedule of Fees for Professional Services ...................................
17
Limitations...........................................................................................................................
18
VII.
Payment................................................................................................................................19
VIII.
Non -Collusion Statement.....................................................................................................
20
Proposal for Biological Monitoring Services i
City of .San Juan Capistrano
' I. statement of ProposaVOffer
Culbertson, Adams & Associates, Inc. is pleased to submit this proposal to the City of San Juan
Capistrano for the 760 S Reservoir Project — Biological Monitoring Services. This proposal has
' been prepared in response to the City's Request for Proposal, and is organized to conform to the
City's proposal requirements. This proposal shall be considered valid for a period of 90 days.
The following individuals are authorized to bind the company:
M. Andriette Culbertson, Chief Executor Officer
Thomas B. Mathews, President
Kevin Culbertson, Chief Financial Officer
Culbertson, Adams & Associates, Inc.
85 Argonaut, Suite 220
Aliso Viejo, CA 92656-4105
(949) 581-2888
Proposal for Biological Monitoring Services 1
City of San Juan Capistrano
II. Scope of Services
■ As the sole monitor, Dr. Froke will conform to a scope of services and work plan that perfectly
matches and tracks the IHLMP, including all of its in -progress findings and adaptive strategies —
e.g., as have been presented to and approved by the wildlife agencies since initiation of this
project. Dr. Froke and CAA have a particular advantage in this regard for having created, negoti-
ated, and finally written the entire IHLMP, including the full monitoring scope of services and
' work plan to the satisfaction of the wildlife agencies.
The major concepts for all programmed work to date, as well as what is intended for the future,
' encompass sound and responsive relationships among the restoration biologist and biological
monitor (heretofore one individual) and the respective project managers and company foremen.
Working thusly, and by successfully focusing on in -field communications and teamwork, we
have effectively averted unnecessary disruptions. In this way, our mutual conservation objectives
— especially those centered on protection of California Gnatcatchers and their designated habitats
' — have proceeded without serious misunderstandings or mishaps of any type.
Dr. Froke has monitored biological resources and restoration advancements over a range of
' business formulas and work settings from Southern California and throughout the USA for more
than three decades. A striking element of the Reservoir Canyon Project has been the substantial
level of its team congeniality and collaboration, and so many positive gains that daily have
' resulted therefrom. Inter -governmentally and among the consultants and developer, the mutual
determination to a timely start and to success, beginning with permit negotiations (City of San
Juan Capistrano, CAA/Dr. Froke, and the wildlife agencies) on through construction and con-
struction monitoring (e.g., Dexter Wilson, Dr. Froke/CAA, Chino Grading), and site restoration
and planting (Dr. Froke/CAA, Stewart & Associates), and currently including the first phases of
biological monitoring (2005 to 2006; CAA/Dr. Froke) have been exceptional based on and
' including the toughest and most critical standards.
1. Field Monitoring
' 1.1 Provide biological monitoring and qualitative surveys to assess site conditions and
ensure that the requirements and success criteria outlined in the jurisdictional ap-
provals are met.
1.1.1 Establish permanent in situ photo -monitoring stations including (a) fixed end-
point transects; (b) fixed-point close-up reference points; (c) special -feature photo
reference points; (d) high elevation fixed -radius photo swings (<360°), etc. All
photo monitoring stations and photography used by Dr. Froke are based on high
' quality equipment (only Leica film and digital cameras (min. 10 megapixel)), pro-
fessional recalibration services, and no -hurry photography techniques.
Dr. Froke has 32 years of experience developing and practicing his fixed-point
photo -survey methods and techniques for merging biological monitoring with in
situ and wildlife photography. Further, he has +14 years practice marrying photo-
graphic images with GPS and GIS (ArcView) output and storage capacity for
presentation and archival purposes. In addition to optimizing the value of photo
image collection and management, monitoring -based information processing and
■ Proposal for Biological Monitoring Services 2
City of San Juan Capistrano
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analysis also will continue to rely on the traditional application of such crudities
as permanently hammered stakes, measuring tapes, and MZ wire -frames. The
value of the tried-and-true measurement techniques and datasets that will be gar-
nered from restoration areas that employ such simple materials will be expanded
' significantly when they are combined with the photographic tools mentioned
above and additional off-the-shelf analytic and imaging tools.
1.1.2 Development of simple ancillary facilities and support systems will make valu-
able and long-lasting contributions to the productivity of field stations and moni-
toring programs in remote locations.
Most of Dr. Froke's restoration and long-term monitoring projects have entailed
the employment of at least one middle -quality weather station (two would be best)
and the installation and upkeep of a native plant nursery. The nursery, in general,
serves as a touchstone and learning tool for the full palette of plant species that
will be introduced as container stock and/or seeds, or also as unwanted and inva-
sive weeds. The nursery serves as a resource library for project personnel to tum
to with questions about plant identification, unusual growth forms, pests and dis-
eases, and the like. A small reference binder is kept with the plants, logging in
Q&As when they are registered.
Over the course of Years 3 to 5 (2008 to 2010), the weather stations in Reservoir
Canyon will generate sufficient data to support an understanding of how restora-
tion and indigenous stocks respond to local weather and simulated micro -weather
changes — e.g., as brought on by irrigation, scorching Santa Ana winds, and
ground-tarping procedures.
' The weather stations permit today's data (i.e., temperature, humidity and rainfall)
to be captured and correlated to today's and tomorrow's plant performance. Par-
ticularly, the data helps to determine when to expect plants to get into risk from
' weather conditions, both past and predicted. The weather stations are very much
the second arm of the irrigation system. For example, when the barometer drops,
we are able to look at notes from the last time the weather patterns were the same,
and instead of guessing the ways the plants will react to a reading, we are able to
make informed decisions to increase or decrease watering.
' Stations are movable and thereby useful to assess suspected and known "micro -
climate conditions" of certain slope areas, especially during coastal and offshore
winds. There are currently very different growth conditions on three of the sites,
' which is okay, but we would distill from the data the weather/physical factors that
are that are causing such a different response in the plants so that we can adjust
maintenance techniques accordingly and have a more successful restoration pro-
ject.
1.1.3 Survival and success criteria, as well as removal criteria for the Reservoir Canyon
' project, bear similarities but are subtly different among the specific plan parts
promulgated by USFWS, CDFG, and RWQCB. CAA and Dr. Froke negotiated
Proposal for Biological Monitoring Services 3
City of San Juan Capistrano
each of these sets of criteria with the relevant permitting agencies and were
' guided by the objective that they finally would interface in a reasonable manner
that would facilitate common and cohesive field recording and final reporting.
From the City's standpoint, this objective will translate into significant manage-
ment efficiencies and consultant -cost savings.
' The following short -hand version of wildlife and habitat permit requirements for the pro-
ject was taken from "Permit Tasks & Instructions per Agency" as prepared by Dr. Froke
for the agency representatives and project participants (2004, shown only in part).
' 1600 Permit - California Department of Fish & Game:
' a) All planting, which will be @ 80 pct the first year and 100 pct thereafter, shall at-
tain 75 pct cover of native woody species after 3 years and 90 pct cover of native
woody species after 5 years for the life of the project.
b) Non-native species shall comprise less that 5 pct cover after 5 years, and invasives
including, e.g., Arundo, Castor Bean, Tree Tobacco, and Sweet Fennel shall com-
prise 0 pct. of the cover at the end of the 5 -year monitoring period.
Note - Reservoir Canyon currently is at an advantage with respect to the above-
named nonnative plants. Since 2003, Dr. Froke has opportunistically removed pio-
neering exotic plants before they gain a foothold in the canyon and ridgetop envi-
ronments. As a consequence of Dr. Froke's early efforts and the modest degree of
adventuring by the plant, which prefers wetter sites for colonization, Arundo is not
present; and Castor Bean is relatively sparse in otherwise prime ground for the
species. Tree Tobacco, which is prevalent in the neighborhood, is restricted to
known locations and is intentionally (and temporarily) being left in place until we
have grown a suitable native tree of stature for nesting birds to turn to, e.g., wil-
lows, sycamores, and elderberry. Currently, Sweet Fennel is less of a threat than
our bigger problems such as artichoke thistle, black mustard, and 2 to 3 other spe-
cies. Fortunately, Dr. Froke and Ed Stewart, the current site restoration contractor,
are two of the region's authorities on artichoke thistle management; and they may
soon gain similar status with respect to remedies for black mustard reduction - in
all cases using deep -rooting native grasses as the principal wedge against pest in-
vasions into properly seeded and inoculated grasslands.
c) If the survival and cover requirements have not been met, achieve these require-
ments by replacement: Replacement plants shall be monitored with the same sur-
vival and growth requirements for 5 years after planting.
d) Irrigation shall be stopped two years prior to achieving the success criteria (in site
no. 8, only).
e) If, after three years of monitoring, the mitigation meets the 5 -year success criteria,
' AND the Department reviews and approves the mitigation status in writing, sites
may be considered successful and monitoring may cease (in site no. 8, only).
' Proposal for Biological Monitoring services 4
City of San Juan Capistrano
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401 Certification - San Diego Regional Water Quality Control Board
' (C.7): Mitigation areas shall be maintained free of perennial exotic plant species in-
cluding, but not limited to Pampas Grass, Giant Reed, Tamarisk, Sweet Fennel,
Tree Tobacco, Castor Bean, and both California and Brazilian Pepper trees. An-
nual exotic plant species shall not occupy more than 5 percent of the mitigation
areas.
' The two objectives of the Mitigation Approval are (1) Biotic Success and
(2) Functional Success.
' 1) Biotic Success – The riparian thicket will be established (from whole cloth) and
will be self -supported, without reliance on artificially supplied water, by the 5th
anniversary of its completed installation. Natural recruitment by at least 10 spe-
cies of native plants will have occurred within at least 50 percent of the thicket
area by that time.
2) Functional Success — Functional success, as for "re-establishing functions of
impacted waters of the State/U.S." will be achieved when, after 5 years, it is de-
termined that any seasonally ephemeral and intermittent flows that may occur in
' the lower portion of Reservoir Canyon are effectively captured and buffered
through the riparian drainage system and thicket. Further, as a result of these
processes, outwashes and downstream erosion - as would result from seasonally
normal or higher than normal rainfall events - will not take place below the ri-
parian thicket.
I(a) These mitigation areas all are within restoration site no. 8, presently the
single riparian site.
(b) Note - Reservoir Canyon is at a present advantage with regards to the
named non -natives: Since 2003, Dr. Froke has been opportunistically re-
moving pioneering exotic plants before they would gain a foothold in the
' canyon and ridge top environments. As a consequence of Dr. Froke's ef-
forts and a modest degree of adventuring, Pampas or Jubata Grass is not
present, and Giant Reed and Tamarisk also do not appear in what would
' appear to be marginal -to -okay habitat for the species, especially following
release from grazing.
' Tree Tobacco is restricted to known locations and is intentionally (and
temporarily) being left in place until we have grown a suitable native tree
of stature for tree -nesting birds to turn to, e.g., willows, sycamores, and
' elderberry. Neither Castor Bean nor California or Brazilian Pepper trees
are present. However, Sweet Fennel is nearby, but it currently is less of a
threat than our bigger problems, which are artichoke thistle, Black Mus-
tard, and 2-3 other species.
' Proposal for Biological Monitoring services 5
City of San Juan Capistrano
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(NCCP) Natural Communities Conservation Plan - 4(d) IHLMP
At the first and second anniversaries of container plant installation (anniversaries are
2007, 2008), replace all dead container plants unless their function has been replaced by
natural recruitment.
IHLMP (2.g): Additional success criteria -
a) Zero percent coverage of wild artichoke, mustard and fennel, and no more than 5
percent coverage for other exotic/weed species, during all five years of monitor-
ing (2006 forward).
Together, Dr. Froke and Ed Stewart have been working continuously on artichoke
and mustard removal, or at least during optimal times throughout the project area
since 2004. The purpose and result has been to diminish the pest seed and root
stocks of these two difficult species before complicating factors such as irrigation
lines and new plants and seeds come into play. The results are early but appear to
be favorable; and in the end should demonstrate a significant overall cost savings
and ecological advantage for the project.
b) A minimum 80 percent cover of native species by Year 5 of monitoring.
C) Spring and early summer monitoring, conducted annually, will detect and shed
light on the relative — and later absolute — increase of native species, planted and
naturally recruited in Reservoir Canyon. This is the perfect demonstration for
mid-range and landscape -scale fixed-point photography, and eventually the use of
digitized overlays to demonstrate the changes in the local flora over the first five-
year period.
d) The 15 -year chronologic overlay of vegetation change that Dr. Froke prepared for
Rancho Mission Viejo, San Juan Capistrano, and Starr Ranch were among first
such presentations of floral evolution within Orange County, hence demonstrating
for the first time the long-term place of photography in monitoring change in local
biological resources.
e) A minimum 90 percent of native species diversity found in the reference site by
Year 5 of monitoring.
f) Evidence of natural recruitment from at least five native species by Year 5 of
monitoring.
IHLMP (21): All final success criteria must be achieved for a minimum of two years
without use of an artificial water source.
1.2 Provide recommendations as required to ensure compliance with the success criteria
outlined in the jurisdictional approvals. Recommendations may include but not be
limited to appropriate reseeding or re -planting measures in the event of low germi-
Proposal for Biological Monitoring Services 6
City of San Juan Capistrano
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nation, irrigation practices, pest control, and identifying desirable and undesirable
plant materials.
Make any recommendations as may be required to ensure compliance with the success
' criteria outlined in the multi -agency approvals (IHLMP).
' As the author of the IHLMP, and restoration biologist for the formative and first stages of
the project, Dr. Froke has been and remains thoroughly familiar with the project approv-
als, all compliance matters, and the risks for shortfalls and failures among germinating
' seeds and developing plants. Ed Stewart and Dr. Froke jointly made the decision and
commitment to develop an onsite propagation nursery for plants and seeds as a means to
have replacement stocks on -hand in the event of losses that would put the project below
' the requisite success criteria. Dr. Froke will train ESA or other crews to collect and
propagate seeds of natives, especially of grasses, so that stocks can be developed from
purchased and harvested, as well as field -salvaged materials.
Similarly, Dr. Froke will train the City's maintenance contractor and staff as may be nec-
essary, to assure that all personnel have had access to up-to-date and innovative as well as
time -tested and cultivation techniques for the appropriate range of plant materials on the
Reservoir Canyon plant and seed palette. It should be noted, however, that sufficient
training, or cross -training, between Dr. Froke and ESA already has taken place over the
past two years, and that the only remaining needs would be for occasional experimenta-
tion with new and incoming seed varieties (seed body sizes and shapes per the broadcast
apparatus).
With respect to maintenance and monitoring, however, it appears that training and knowl-
edge development may best need to focus on identification of new weed species coupled
with the timing and new methods of weed removal to achieve optimal damage for time
and energy output — all of which are ongoing tasks in weed control and restoration.
Dr. Froke has identified the following measures that are aimed at reducing the monitoring
time necessary for project success and achieving success criteria ahead of schedule.
These steps, if implemented, would reduce monitoring costs associated with this project.
The sealed cost proposal submitted herewith does not reflect the cost reductions that
would be experienced by the City. However, CAA and Dr. Froke are available to discuss
such cost reductions at the City's request. Additionally, these measures would result in
cost reductions for the maintenance contractor.
1. Decision to close down the side canyon road and side access road. Doing so
would eliminate or substantially reduce the need to detect and monitor weed in-
festation and encroachment from disturbed edge (dust, bikers, non -natives, etc),
and associated adverse effects on territorial gnatcatchers. This is not a formal rec-
ommendation in this plan because there are many pros and cons that the City
would need to carefully consider regarding future advancement of the project for
construction operations and for the operation of the City's open space trail sys-
tem. However, this option would result in a significant cost savings in both the
Proposal for Biological Monitoring Services 7
City of San Juan Capistrano
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monitoring and maintenance projects, and should be considered at greater length
by the City.
2. If the City were to eliminate, or substantially reduce trespass, especially by cy-
clists, dirt bikers and other vandals, it would eliminate or substantially reduce the
need to detect and monitor weed infestation and encroachment from the disturbed
edge (e.g., dust and nonnative vegetation), and associated adverse effects on terri-
torial gnatcatchers. This would also reduce destruction of planted areas and irriga-
tion systems.
1.3 Coordinate with City staff and the City's maintenance contractor as required to
implement the success criteria outlined in the jurisdictional approvals.
See above under 1.2.
1.4 Conduct field meetings with City staff and the City's maintenance contractor as
required.
See above under 1.2.
2. Report Preparation
2.1 Prepare and submit annual reports in compliance with the jurisdictional approvals.
Reports will be written, submitted, and distributed on time and per the respective permit
requirements, as identified below in Table 1. The City will be provided with draft annual
reports for review and approval prior to submittal to the Resource Agencies.
2.2 Prepare progress reports as required.
Progress reports will be submitted to the City in the form of electronic mail communica-
tion once every two months. The progress reports will focus on the success of the habitat
and will provide photographic survey data as well as weather station data, which will be
used to carefully augment our approach to the habitat maintenance in the field. CAA and
Dr. Froke will formulate suggestions for any necessary maintenance modifications that
may be necessary, and will help the City to implement these changes by coordinating di-
rectly with the maintenance contractor. CAA and Dr. Froke will also meet with the City
once every two moths, either in the field or via teleconference, to discuss the progress re-
ports and any necessary changes that will be required to the plan to ensure the success of
the habitat.
3. Project Management
' Shawna Schaffner will serve as Project Manager for the 760 S Reservoir Biological Monitor-
ing project. Ms. Schaffner will ensure that the project is in full compliance with the Resource
Agency permit reporting requirements, and stays on track with the schedule as outlined in
' Proposal for Biological Monitoring services 8
City of San Juan Capistrano
0 !
Section V. Schedule below. Shawna Schaffner will be the manager of day-to-day operations,
and is the CAA staff person responsible for managing subconsultants, as shown on the Or-
ganizational Chart below. Ms. Schaffner's oversight of subconsultants and the CAA team al-
lows for a comprehensive style of project management which keeps projects focused and on
schedule.
Permit
Expiration
Annual Report
4(d)
n/a
By December 1 for 5 years
(CDFG/USFWS)
1601
12/31/06
By January 1 for 5 years -
(CDFG)
3 years if success criteria met
404
4/8/04
By June I for 5 years
(ALOE)
401
12/31/05
Annual report by December 31
(RWQCB)
for 5 years
Proposal for Biological Monitoring Services 9
City of San Juan Capistrano
0 0
III. Qualifications and. Experience
Throughout public agencies and within the business community, Culbertson, Adams & Associ-
ates, Inc. (CAA) is recognized as an environmental and planning consulting firm offering the
highest level of technical expertise and professional capability. CAA is known for its exceptional
depth of senior talent, its self-starter philosophy, and its commitment — as a partner to the client —
to handle every project as if it were our own. CAA has partnered with Dr. Jeffrey B. Froke on
numerous projects ranging from Resource Agency permitting, preparation of habitat impact
assessment studies and habitat restoration mitigation plans.
With many years of experience in the public and private sectors, CAA is deeply involved in the
intricacies of planning, Resource Agency coordination, California Environmental Quality Act
(CEQA) analysis, and the entitlement process. CAA's expertise can save clients time and money
where it counts the most, and CAA is known for its outstanding adherence to strict schedules. In
working with public agencies, CAA serves as an extension of staff, enhancing the City of San
Juan Capistrano team. CAA does not assume more work than it can do well, and CAA does not
put inexperienced people in charge of a project.
CAA possesses senior management level personnel knowledgeable in virtually every expertise
touching the planning process, including monitoring assistance for all mitigation related to a
project. This makes CAA's CEQA compliance documents above reproach, since a large part of
the environmental planning process is the anticipation of issues before they are stated. This saves
time, money, and effort, and results in a process of great integrity. The principals of CAA have
processed over 300 environmental documents, ranging in size from large to small, controversial
to routine, finite to evolving.
Natural Resource Protection
One of the most challenging areas in environmental planning and entitlements involves the new
regulatory constraints with respect to wetlands, endangered species, and resource conservation.
The multiple agencies involved in these areas at the federal, state and local levels demand the
most proficient knowledge of regulations and negotiating opportunities. Constructive treatment
of these issues not only can result in a successful blend of the project's aims with these concerns,
but can also avoid subjecting the process to multiple — and sometimes inconsistent — require-
ments.
CAA takes great pride in its accomplishments in these areas with respect to several projects.
CAA has assisted the City of San Juan Capistrano, the Capistrano Valley Water District, the
County of Orange, the Capistrano Unified School District and several landowners in the estab-
lishment and use of wetland mitigation banks, alternative wetland delineations through the
Natural Resource Conservation Service (resulting in fewer wetlands acres involved), and work
with the U.S. Fish and Wildlife Service on endangered species, habitat conservation plans, and
species listing concerns. In addition to preparation of habitat management plans, CAA and Dr.
Froke have executed monitoring programs in compliance with resource agency permit condi-
tions.
Proposal for Biological Monitorings ,Services lA
City of San Juan Capistrano
0 0
' CAA has used its negotiating skills and strategic knowledge to extricate projects from the
problems sometimes encountered in these resource areas. CAA has also crafted several inter-
agency compacts to effectuate agreement on sensitive resource issues. While CAA focuses
' primarily on strategic negotiation with the Resource Agencies, Dr. Froke focuses on biological
resource monitoring, habitat restoration planning and impact assessments.
' 760 S Reservoir
CAA and Dr. Froke have worked with the City of San Juan Capistrano on the 760 S Reservoir
' project since December 2003. Our work efforts have included preparation of necessary biologi-
cal reports, preparation of the habitat restoration plan, negotiating for and securing the Resource
' Agency permits, and implementation of the habitat restoration plan in the field.
Representing the City of San Juan Capistrano, CAA rapidly resolved a series of Resource
Agency and design issues for the City for this critical emergency water reservoir. In essence,
CAA had to re -do much of the environmental work that had taken over a year to produce with a
previous consultant. CAA applied for and received a Streambed Alteration Agreement from the
' California Department of Fish & Game, Water Quality Certification from California Regional
Water Quality Control Board, Section 404 Authorization from the United States Army Corps of
Engineers, and Conditional Concurrence with the Special 4(d) Rule Interim Habitat Loss Mitiga-
tion Plan (IHLMP).
These highly complex and potentially time consuming authorizations were obtained for the City
' in less than six months. CAA was able to accomplish this because of our mitigation -conscious,
cooperative attitude with the agencies, avoiding controversy and picking up lost time for the
City. The ability of CAA to obtain these permits so quickly allowed the City to begin construc-
tion September 1, 2004, which was when restrictions on grading in Coastal Sage Scrub are lifted
on an annual basis. Between the time the permits were secured and September 1, the geotechni-
cal consultant needed to perform geotechnical borings on the site to finalize the grading plan.
' Without the geotechnical boring data and the necessary refinements to the grading plan, project
grading would not have been able to commence on September 1. Therefore, CAA requested and
obtained permission for the geotechnical borings to be performed during the gnatcatcher nesting
' season. This further allowed the project to stay on schedule and for the grading operations to
begin at the earliest possible date.
' When the City was not able to complete its grading activities within the parameters of the permit,
due to record rainfall in the winter of 2004-05, CAA was able to negotiate two extensions of time
of the IHLMP with the California Department of Fish and Game and U.S. Fish & Wildlife
' Service. Additionally, CAA was also able to negotiate for a revision to the construction haul
route plan, which allowed construction traffic to reach the site in a safer and more expeditious
manner than proposed in the City's initial plan. These critical extensions allowed the City to
' complete its grading activities and continue with tank construction, thus keeping the entire
project on schedule.
1
' Proposal for Biological Monitoring services 11
' City of San Juan Capistrano
0
Rancho San Carlos
P
During a 14 -year period (1991-2004), Dr. Froke was the principal monitor for a highly complex
scientific monitoring and restoration project that covered a 20,000 -acre foothill ranch (Rancho
San Carlos) in coastal Monterey County. Fundamental elements that were restored, managed and
monitored on a daily or weekly basis were native grasslands and recovering livestock pastures
and farmlands, riparian woodlands and hydro -geologic resources of recovering watersheds,
coastal sage scrub and chaparrals, freshwater wetlands and ephemeral streams and spring -
seasonal ponds, redwood forests and oak woodlands, and more.
During the time that Dr. Froke was project manager and CEO/Conservation Director, he not only
created and conducted all of the science and monitoring activities, but he recruited, trained and
supervised all incoming full-time staff monitors and technicians, and part-time faculty and
graduate students. Prior to staffing the full-time survey and monitoring program, which had an
annual budget of approximately $2.5 million; Dr. Froke hired and supervised nearly 100 inde-
pendent contractors/specialists from numerous consulting firms to help gather formative biologi-
cal, archaeological and hydro -geological data and GIS -mapping information with a broad-
spectrum of survey tasks, these having life spans ranging from 5 to +50 years. The monitoring
budget for the 7 -year formative period was approximately $21 million.
There is a direct correlation between the monitoring work that Dr. Froke pioneered at Rancho
San Carlos and what has been established through development of the IHLMP for Reservoir
Canyon and the manner in which it is being implemented in its first years of planting, measure-
ment, and initial recording.
Starr Ranch Sanctuary
For 11 years, Dr. Froke was the resident manager and wildlife scientist in charge of National
Audubon Society's Starr Ranch Sanctuary, an exceptional ecological preserve and restoration
project that lies in "the shadows of Old Saddleback" and is intensively integrated with +200,000
acres of surrounding wildlands in the Santa Ana Mountains, and just minutes inland from the
Reservoir Canyon project area. From 1977 to 1988, many of the restoration and management
techniques being newly discovered or still experimented with today throughout Southern Cali-
fornia were then being freshly developed — and employed in monitored trials — at Starr Ranch
and contiguous partnering ranches. Of particular note were Dr. Froke's early trials with recover-
ing perennial native grasses following wildfires, landslides, over -compaction of earthen roadbeds
by heavy machinery, and super -intensive livestock grazing on shallow soils.
Thereby, in lieu of using mechanical methods to de -compact slopes (ripping and tilling), as is
' normally required by the wildlife agencies before irrigation systems are installed and sites are
reseeded and planted with natives, the operative modus for Dr. Froke's projects and, hence, for
' Reservoir Canyon is to keep the tractors (and expense) off the slopes. Instead, the working
method — however foreign to many other restorationists — is to add a layer of inoculated peren-
nial grasses to the planting regime weeks or months before installing the native shrub palette. An
' additional benefit of this approach is to avoid the one sure and always unwanted outcome of
ripping and tilling on slopes: the invitation and cultivation of weeds, and the arousal of otherwise
sleeping and comfortably buried weed seeds.
' Proposal for Biological Monitoring Services 12
City of San Juan Capistrano
N. Project Team
Core Team of Key Personnel
Because of our size, CAA is selective concerning the number of projects for which the firm is
responsible at any given time. This philosophy ensures that each project is managed personally
by a firm principal who works directly with the client on every facet of the project.
The CAA team brings years of experience across a wide range of projects. The project team is
led by M. Andriette Culbertson, CEO and Principal -In -Charge, and includes Thomas B.
' Mathews, President; Shawna L. Schaffner, Vice President and Project Manager; Dr. Jeffrey B.
Froke, Project Biologist; and Assistant Planners Kathleen Crum and Pua Scott. For matters
' pertaining to the City, Shawna Schaffner will be the designated Project Director with Dr. Jef-
frey B. Froke as Biological Monitor.
- M. Andriette Culbertson — CEO and co-founder M. Andriette Culbertson possesses
nearly 31 years of experience in resource management, mitigation design, the Califor-
nia Environmental Quality Act (CEQA), and the National Environmental Policy Act
t (NEPA). Recognized as an expert in this field, she was instrumental in securing the Re-
source Agency permits for the 760 S Reservoir project, along with the time extensions
and other permit exceptions that enabled the project to stay on schedule. Ms. Culbert-
son is a member of the State Bar of California and a practicing attorney in environ-
mental and land use law. Ms. Culbertson's legal background enables her significant ad-
vantages in the administration of resource agency permits— an extremely litigious field.
' Thomas B. Mathews — As President of CAA, Mr. Mathews directly oversees all of
CAA's commitments. With 25 years as a professional planner, Mr. Mathews is recog-
nized as an accomplished manager who understands the critical, time -sensitive nature
and fiduciary obligations of programming and managing large-scale and complex pro-
jects. His past experience managing and implementing environmental impact reports
' for numerous planned communities in Orange County, and in the development of spe-
cial programs line the Natural Community Conservation Planning Program for the cen-
tral and coastal sub -regions of Orange County make him a valuable asset to the envi-
ronmental team. Mr. Mathews has been working on the 760 S Reservoir project for
over two years.
' Shawna L. Schaffner — As Vice President, Ms. Schaffner focuses on resource agency
permit compliance and the preparation of environmental compliance documents manag-
ing project coordination and completion among subconsultants, clients, and staff ex-
perts. Ms. Schaffner has worked on the 760 S Reservoir project for over two years, and
has been the main contact for the City and the Resource Agencies for the 760 S Reser-
voir project.
Dr. Jeffrey Froke - Dr. Jeffrey Froke has been affiliated with CAA on select projects
for many years. Dr. Froke possesses a unique combination of talents - outstanding bio-
logical skills, a problem -solving attitude, and most importantly management of re-
source agency permit conditions for permit compliance. Dr. Froke prepared and is cur-
rently implementing the habitat restoration mitigation plan for the 760 S Reservoir pro -
Proposal for Biological Monitoring Services 13
City of Can Juan Capistrano
' ject. Dr. Froke was the Biological Monitor approved by the Resource Agencies for con-
struction monitoring and restoration plan implementation, and would remain the local
presence at the 760 S Reservoir site for continued coordination with all project and con-
struction personnel.
Complete resumes for the core team of key personnel are included in this document as Appen-
dix A.
' Organizational Chart for the 760 S Reservoir Biological Monitoring Project
Chief Executive Officer
' M. Andriette Culbertson
I
President
Thomas Mathews
Principal in Charge
1
Vice President
' Shawna Schaffner
Manager Day -To -Day Operations
Key Staff
Kathleen M. Crum
Legal/EnvironmentaI
Planning Assistant
Pua Scott
Planning Assistant
Biological Monitor
Dr. Jeffrey B. Froke
California Wildlife Ecology
Proposal for Biological Monitoring Services 14
City of Gan Juan Capistrano
0
V. Schedule
LI
The following schedule is based on the approved permits for the 760 S Reservoir project. The
annual monitoring reports would be submitted based on the due dates provided in the permits,
and as shown in the table below.
Permit
Expiration
Acreage Restored
Annual Report
Comments
4(d)
n/a
12.54 acres
By December 1 for
2:1 mitigation for
(CDFG/ USFWS)
restoration and 6.6
5 years
temporary impacts;
acres in lieu fees
3:1 mitigation for
permanent impacts
1601
12/31/06 for
.0.3 acre
By January 1 for 5
1 extension allowed;
(CDFG)
construction only
years; 3 years if
3:1 mitigation
successful
404 (ACOE)
2 years
0.3 acre
By June 1 for
3:1 mitigation
(signed 4/8/04)
5 years
401 (RWQCB)
12/31/05
0.3 acre
Annual report by
Mitigation penalty 1.2
December 31
acres for each acre of
for 5 years
impact after 12/31/05;
3:1 mitigation
' Because habitat monitoring project can often be unpredictable, and be heavily influenced by
micro -climate conditions, heavy rainfall, or drought, it is difficult to predict the appropriate
number of days per year that monitoring will be necessary. The following breakdown is an
' estimate of the time that will be necessary per year to conduct the appropriate level of biological
monitoring. This estimate assumes that weather conditions would not severely influence the time
necessary to perform biological monitoring services.
' Year 1
Year 1 would include 18 days of field monitoring, analysis of data collected in the
' field, and preparation of annual reports. Annual reports would be submitted on
June 1, 2006, December 1, 2006, December 31, 2006, and January 1, 2007.
' Year 2
Year 2 would include 8 days of field monitoring, analysis of data collected in the
field, and preparation of annual reports. Annual reports would be submitted on
' June 1, 2007, December 1, 2007, December 31, 2007, and January 1, 2008.
Year 3
' Year 3 would include 7 days of field monitoring, analysis of data collected in the
field, and preparation of annual reports. Annual reports would be submitted on
June 1, 2008, December 1, 2008, December 31, 2008, and January 1, 2009.
' Year 4
Year 4 would include 5 days of field monitoring, analysis of data collected in the
' field, and preparation of annual reports. Annual reports would be submitted on
June 1, 2009, December 1, 2009, December 31, 2009, and January 1, 2010.
Proposal for Biological Monitoring Services 15
City of San Juan Capistrano
Year 5
Year 5 would include 4 days of field monitoring, analysis of data collected in the
field, and preparation of a final report for each permit, assuming all success criteria
are appropriately met. Annual reports would be submitted on June 1, 2010, Decem-
ber 1, 2010, December 31, 2010, and January 1, 2011.
Proposal for Biological Monitoring services 16
City of San Juan Capistrano
1 0
' VI. Fee
A fee proposal is included herewith in a separate sealed envelope. The fee proposal is in the
format required by the City as shown in Exhibit D of the Request for Proposal, modified as
necessary. As identified in Section II, Scope of Services above, CAA and Dr. Froke have identi-
fied measures that could be implemented by the City to effectively reduce monitoring and
maintenance costs. These opportunities for cost reductions are not presented in the fee proposal
because they would require significant consideration by the City prior to adoption. CAA and Dr.
Froke are available to discuss cost saving opportunities, and would welcome this opportunity at
' the City's request.
CAA understands that the City will not approve a cost extra unless CAA specifically requests a
contract augmentation for additional work clearly outside the scope of work for the project as
defined in the Request for Proposal. CAA acknowledges that approval of any out of scope work
must be obtained prior to commencement of work. Work performed prior to the City's approval
' will not be deemed extra.
Following are the standard billing rates effective January 1, 2006 for all CAA personnel. Billing
' rates are subject to revisions effective January 1 of each year.
General Provisions and Schedule of Fees for Professional Services
' Classification Hourly Rates
Principal $275.00
' Principal Planner I 150.00
Principal Planner II 145.00
Senior Project Manager 135.00
Project Manager 125.00
Engineering Coordinator 125.00
Senior Planner 110.00
' Associate Planner I 100.00
Associate Planner 11 85.00
Graphics Manager 75.00
Assistant Planner 65.00
Dr. Jeffrey B. Froke $1,050.00 daily rate
■ Reimbursable expenses (travel accommodations including rental vehicles and regularly sched-
uled commercial airline flights, food and lodging, blueprinting and reproduction, delivery/
' courier, supplies, extensive mailing postage, etc.) are billed at cost and are in addition to the
estimated fee for the project.
' Proposal for Biological Monitoring services 17
' City of San Juan Capistrano
1
' Limitations
The proposal is based on the time parameters and estimated fees set forth herein, and the narra-
tive outlining the scope of work. Changes in the schedule or scope of work assumptions may
' result in costs beyond those currently anticipated. Major changes include, but are not limited to:
1. Changes in the project by the City, State, or other approving body which cause
' revisions of printed documentation or plans beyond those covered by the scope of
work.
' 2. Changes in the schedule by the City, State, or other approving body, beyond the
parameters set forth in this proposal.
' 3. Expansion of the project area under study by the City, State, or other approving
body.
4. Additional planning entitlements, permits or processing requested by the City.
5. Appeal of project determinations (e.g., project approval or denial) by the City,
State, or other approving body, or other person, group or organization.
' 6. Any changes to the project resulting from severely inclement weather, record rain
fall, or from disturbance by trespassers on the site.
' If one or more of the above incidents occurs, CAA shall be entitled to request a contract amend-
ment. In the event a contract amendment cannot be mutually agreed upon or is denied, CAA
shall be entitled to withdraw from the project and terminate the contract/agreement, and be paid
' by the Client for all amounts owed/pending up to the date of termination of the con-
tract/agreement for the work performed.
Proposal for Biological Monitoring Services is
City of San Juan Capistrano
0
0
VII. Payment
CAA shall submit invoices on the first of each month and will be paid once per month. Payment
will be based on the percentage of tasks completed and not on hours expended on the project.
Proposal for Biological Monitoring Services 19
City of San Juan Capistrano
VIII. Non -Collusion statement
CAA has no direct or indirect interests that conflict in any manner or degree with the perform-
ance of services for the City of San Juan Capistrano.
CAA has reviewed, understands, and will comply with the insurance requirements of the City of
San Juan Capistrano. If for any reason CAA's current insurance coverages do not meet with the
City's insurance requirements indicated in the RFP, compliance with these requirements will be
met before a contract is awarded.
' Proposal for Biological Monitoring Services 20
' City of San Juan Capistrano
Appendix A
Selected Resumes
t
11
M. A ndIr&e. tel C L -� �,
CEO, Pr-&"all
M. Andriette Culbertson has worked professionally in the field of planning, zoning, environmental
and coastal matters in the public and private sectors since 1973 and has maintained a separate law
practice in those areas since 1987.
Education
Undergraduate Work
• University of California, Irvine
B.A., Political Science, 1974
Graduate Work
• Cal Poly Pomona (1975-1976)
School of Urban and Regional Plan-
ning
Graduate
• Western State Univ. School of Law
I.D., cum laude, December 1986
• Member - State Bar of California
Attorney at Law
Experience
• Culbertson, Adams & Associates, Inc.
- CEO (2003 -present)
- President (1996-2003)
- Executive Vice President(1987-
1996)
- Vice President (1981-1987)
• Jack G. Raub Company (1979-1981)
Manager, Environmental Analysis
• City of Irvine (1977-1979)
Environmental Analysis and Current
Planning Divisions. Positions held:
Chief, Environmental Analysis Divi-
sion, Senior Planner Section Head,
Chairman of the Subdivision Commit -
tee
• County of Orange (1973-1977)
Zoning and Environmental Analysis
Divisions
Ms. Culbertson has had extensive experience
in project management and planning activities
in a variety of jurisdictions since 1973. These
projects included all phases of planning
approvals, from general plan amendments to
subdivisions, through all necessary regulatory
jurisdictions including California Department
of Fish & Game, Army Corps of Engineers, or
California Coastal Commission. Her ability to
Professional
Guest Lecturer
• University of California, Irvine
University Extension
• California State University, Fullerton
Class Instructor
• University of California, Irvine
Expertise
• Administration of the California Envi-
ronmental Quality Act and National
Environmental Policy Act
• Administration and advocacy of public
and private projects pursuant to the
California Coastal Act
• Coordination of general plan amend-
ments, special studies and zone
changes
• Technical support in CEQA/NEPA
litigation matters
• CEQA, Coastal Act and Land Use
Counsel
• Member, CEQA Steering Committee
of Assemblywoman Doris Allen
• Expert witness, CEQA, general plan-
ning, environmental and coastal plan-
ning matters
effectively coordinate client objectives, con-
sultant team response to deadlines is a specific
attribute in the successful completion of her
projects.
Ms. Culbertson brings a special background to
the planning process through her knowledge
of Planning and Zoning law, the California
Environmental Quality Act (CEQA), and the
Culbertson, Adams & Associates, Inc.
' M. Avt.dr' ewerCuVm••
o -vv CEO, PrL"a l
National Environmental Policy Act (NEPA)
and California Coastal Act. As the author of
over 300 environmental documents, Ms.
Culbertson is a recognized expert in these
areas, often being called upon by legislators,
state agencies, local agencies, and attorneys to
provide interpretation and expertise. Ms.
Culbertson has prepared statutory and regula-
tory amendments to CEQA and its Guidelines
on a regular basis since 1977, and has worked
extensively on major litigation matters per-
taining to CEQA and NEPA compliance. Ms.
Culbertson's rich background and acute
awareness in this field is the foundation for
environmental documents whose integrity and
compliance with applicable regulation is
above reproach.
Ms Culbertson's work with respect to the
California Coastal Act spans over 20 years
and involves some of the most controversial
Y4
projects to come before the Commission. Her
awareness of statutory requirements and
policy, as well as her ability to work effec-
tively with staff, is a key ingredient in the
achievement of an unblemished record of
Commission approvals.
Ms. Culbertson has participated in the prepa-
ration of major Feature Plans and Area Plans,
and also organized and managed general plan
amendments and community plan studies for
clients in the public and private sectors.
Ms. Culbertson's 30+ years of professional
planning experience have been largely de-
voted to the administration of CEQA and the
California Coastal Act. Her preparation and/or
direction of over 100 EIRs and environmental
documents and her role as chief environ-
mental coordinator in two public agencies and
two private sector firms give her an awareness
and expertise unique in California.
Culbertson, Adams & Associates, Inc.
0
Thi B. Mathews,
E
Prem cie vlt
Mr. Mathews has worked professionally in the field of planning for more than 28 years.
Education
University of California, Irvine
- Certificate in Environmental
Planning
California State University, Fullerton
- Master of Arts, Geography
- Bachelor of Arts, Geography
Mr. Mathews is the former Director of the
Planning and Development Services De-
partment for the County of Orange, a posi-
tion held for over 12 years. In that capacity,
he was responsible for all land development
projects and the analysis of all proposals
within the unincorporated areas of Orange
County. He managed a staff of 265 and
directed activities related to planning and
site design, application permitting, envi-
ronmental documentation, entitlements,
code enforcement, and building inspections.
Mr. Mathews is widely recognized for this
knowledge and experience in urban plan-
ning project management. He has dealt
successfully with some of the most complex
Experience
• Culbertson, Adams & Associates, Inc.
(2003 - present)
President
County of Orange
- Director of Planning and Devel-
opment Services Department
(1990 - 2003)
- Senior Planner
- Planner, Environmental Man -
agement Agency
and contentious projects proposed in the
County of Orange. His unique skills and
experience make him one of the premier
managers of large scale and complex urban
development projects.
As President of Culbertson, Adams &
Associates, Mr. Mathews is responsible for
the management and supervision of all
public and private sector land use projects.
This requires expertise and personal in-
volvement in complex and sometimes
controversial arenas, including coastal
development projects and proposals en-
croaching upon environmentally sensitive
areas.
Culbertson, Adams & Associates, Inc.
0 0
Ms. Schaffner has worked professionally in the field of planning and environmental matters since
1999.
Education
Whittier Law School
Currently enrolled
• Brown University
B.A. in Urban Studies
University of California, Irvine
(Extension) Course work in Environ-
mental Land Planning and Manage-
ment
Experience
• Culbertson, Adams & Associates, Inc.
Vice President (2005 - present)
Manager, Environmental Services
(2003 - 2005)
Assistant Planner (2001 - 2003)
Student Intem (1999 - 2000)
Ms. Schaffner serves as CAA's Vice Presi-
dent, responsible for oversight and coordina-
tion for all company projects. Ms. Schaffner
also directs the preparation of environmental
compliance documents and processes for
CAA engagements, managing project coor-
dination and completion among subconsul-
tants, clients, and staff experts.
As Manager, Environmental, Ms. Schaffner
worked closely with public agencies such as
school districts in the preparation of CEQA
required reports for school improvements,
such as the preparation of a Supplemental
Environmental Impact Report for a school
conversion project, and an Addendum and
Expanded Initial Study for construction of a
new 2,200 -student high school for the Capis-
trano Unified School District. Ms. Schaffner
recently completed an EIR for the construc-
tion of three 25 -story high rise residential
towers in the City of Santa Ana. She has also
worked with local cities and counties in the
preparation of EIRs and other environmental
documents.
Expertise
• Preparation of documents pursuant to
the California Environmental Quality
Act (CEQA)
• Environmental coordination and man-
agement
• Coastal Development Permit Process-
ing
• Extensive research and analysis ex-
perience
• CEQA compliance for school districts
• Excellent written and verbal skills
As an Assistant Planner, Ms. Schaffner fo-
cused on the preparation of documents under
CEQA and coordination of environmental is-
sues and subconsultant management. Her en-
vironmental documentation experience in-
cludes the preparation of Environmental Im-
pact Reports, Mitigated Negative Declara-
tions, Expanded Initial Studies, and Notices
of Exemption. Ms. Schaffner is skilled at the
analysis of environmental impact issues such
as biology, hydrology and water quality, ge-
ology and soil, cultural resources, traffic and
transportation, and public services. Her ex-
perience also includes contract and team
management, exhibit coordination, and pho-
tographic survey.
In addition to her work under CEQA, Ms.
Schaffner has experience in current planning.
She has worked on the preparation and proc-
essing of Coastal Development Permits and
Zone Change applications. Through her work
with public agencies, Ms. Schaffner has
strong working relationships with local city
and county planners.
Culbertson, Adams & Associates, Inc.
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JEFFREY BENJAMIN FROKE
3158 Bird Rock Road, Pebble Beach, CA 93953 / (831) 224-8595 / jbfrokeC&msn.com
MAIN THEMES & STRENGTHS
Principal themes of my work include (1) design, establishment and operation of wildlife preserves,
(2) evaluation, monitoring and management of ecological conditions and wildlife interactions
within working and settled landscapes, (3) restoration and rehabilitation of habitat attributes
adjacent to and inside urban and agricultural landscapes, (4) creation and direction of nature study
and conservation education programs, and (5) governance and management of wildlife science and
education oriented nonprofit organizations.
Working strengths of mine include (1) an ability to synthesize and interpret scientifically -derived
natural history and ecological information for the appreciation of non-scientific audiences, (2)
comprehension and organization of extensive multi -disciplinary data and databases covering large
and complex landscapes, (3) constructive participation and collaborative problem -solving within
team management settings and individually, and above all (4) a keen sense of observation.
EDUCATION
B.S., Natural Resource Management, Humboldt State University (1974)
M.S., Wildlife Ecology, Humboldt State University (1981)
Emphases: Ornithology and mammalogy; behavioral ecology; habitat analysis and
management.
Thesis: Populations, movements, foraging and nesting of feral Amazona parrots in southern
California.
Ph.D., Biogeography, University of California at Los Angeles (1993)
Emphases: Historical landscape ecology; island biology and ecology; theory and practice
of nature preserves; international management of bird populations.
Dissertation: Evolution of a settled landscape: a biogeographical study of Rancho Mission Viejo,
California.
Loeb Fellowship in Advanced Environmental Studies, Harvard University (1987-88)
' 'The Loeb Fellowship was established in 1970 through the generosity of the late John L.
Loeb, Harvard College '24. Based at the Graduate School of Design, the program offers
ten annual post -professional awards for independent study at Harvard. Through the
Fellowship, participants have access to the Graduate School of Arts and Sciences, the
' Graduate School of Design, the Graduate School of Education, Harvard Business
School, Harvard College, Harvard Divinity School, Harvard Law School, the Kennedy
School of Government, and M.I.T.
' 'The Fellowship is a unique opportunity to nurture the leadership potential of
the most promising men and women in design and other professions related
to the built and natural environment. It enhances the excellence of the GSD
by exposing students to some of the most exciting mid -career professionals in their
' fields. John Loeb realized this potential when he endowed the Loeb
Fellowship to fill a special place in American education: one that would greatly increase
Jeffrey B. Froke / Curriculum vitae / Fail 2005
0
0
the practical effectiveness of the design professions. Now entering its fourth decade,
with over 300 alumni, the Fellowship has made substantial progress toward that
goal....' (LF Program Overview, 2005)
As a Loeb Fellow, I studied and lectured on topics associated with the ecological and
economic integration of large-scale landscape protection and the design and development
of residential communities, in the United States and internationally. My acceptance of the
Harvard Fellowship was made possible by a full -year sabbatical provided by National
Audubon Society, the first and only such paid -leave offered by the organization to a staff
member.
Also: Pacific Island Studies, University of Hawaii (1972)
Deep Sea Ecology, UC Scripps Institute of Oceanography (1986)
Continuing Education:
The Clean Water Act & California Wetlands, Continuing Legal Education (CLE)
The Endangered Species Act, CLE
The California Environmental Quality Act, CLE
' Conservation Easement Management, Land Trust Alliance
Foundation Fundraising, The Foundation Center
Geographic Information Systems & ArcView, ESRI
EMPLOYMENT
California State Park System, Park Ranger (19741977)
As a Ranger/Peace Officer, I worked at the former Heart Bar State Park (San Bernardino
Mountains) and the new Silverwood Lake Recreation Area (SB Mountains and upper
Mohave Desert). In addition to law enforcement and visitor protection, my duties included
fire suppression and resource management, and public interpretive services. In 1976, I took
a 'temporary' leave of absence to participate in a pilot law enforcement program of the US
Fish and Wildlife Service (see below).
US Fish & Wildlife Service / Division of Law Enforcement, Wildlife Inspector (1976-1977)
As a Wildlife Inspector, I worked in the agency's Los Angeles field office assigned to detect
and monitor the legal and illegal importation of wildlife and wildlife products into the
United States, i.e., through the Port of LA, LAX and across the Mexican Border. This pilot
activity led to the successful development of a nationwide program aimed to support
enforcement of the Endangered Species Act, CITES (Convention on International Trade in
Endangered Species of Wild Fauna and Flora), and incidentally an array of federal Customs
and anti -narcotics regulations.
California Department of Fish & Game, Deputy Fish & Game Warden (1979-1986)
While working full-time for National Audubon Society (see below), I took advantage of my
law enforcement training and commission, and worked voluntarily as a Deputy Fish and
Game Warden. The former 'reserve warden' program was established to enhance
manpower capabilities of CDFG's enforcement division by expanding professional
wardens patrol capacity and safety. My main duties were to partner with wardens,
especially to investigate, track and apprehend wildlife poachers.
Jeffrey B. Froke / Curriculum vitae l Fall 2005
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University of California (Los Angeles and Irvine), Instructor & Lecturer (1980-1984)
Also while working full-time for National Audubon Society (below), I created and taught
' semester -long evening and weekend classes in ornithology and wildlife conservation
through the UC Extension Program. My classes, which were aimed at non-academic
audiences, included, e.g., 'Birds in the Suburbs; 'Introduction to Field Ornithology,' and
' 'Backyard Wildlife Management' and were offered at the University's Los Angeles and
Irvine campuses.
National Audubon Society, Division of Science & Sanctuaries (1977-1988)
Sanctuary Manager -- Leaving government service in 1977, I started with NAS as Resident
Manager of the Starr Ranch Sanctuary, a 4,000 -acre preserve remotely located in the Santa
Ana Mountains of Orange County, CA. Over eleven years, and through a series of
promotions within the national sanctuary program, I was able to maintain this assignment
and its very desirable onsite residence. The work itself amounted to taking over a former
and historic 'ranch and sport hunting property that had remarkable natural resource
potential and converting it to a nationally significant preserve noted for its successful
relationships with the surrounding communities, a diverse scientific research capacity and,
from active management and experimentation, rebounding native plant and wildlife
communities.
To afford this growth and improvement, I worked closely with estate and tax attorneys to
cultivate immediate gifts from special friends as well as an endowment through their
bequests and other long-range life giving plans. Through hosted community events, I was
able to raise hundreds of thousands of dollars from prominent developers, home -builders
and surrounding large landowners, as well as corporations, foundations, and nearby
residents. In addition to many university -affiliated student and faculty researchers who
called Starr Ranch home, and despite our remote location, we provided original and high-
quality educational and interpretive programs to local visiting nature enthusiasts, school
children, and families. Finally, Starr Ranch as an Audubon project was especially
encouraged and supported by the President and the Board of Directors, in part because of
our ability to raise community consciousness, money, and show genuine ecological results
that were demonstrated by science and highly regarded by peers.
Area Manager -- After two -three years focused just on Starr Ranch, I was promoted to a new
position as Western Area manager for sanctuaries, meaning that I was responsible to
identify and/or evaluate potential new sanctuaries in the western states, and to administer
what we already owned. A big part of my job was to cultivate prospective land donors
(Audubon did not buy land), and to identify opportunities to endow each eventual
sanctuary. Further, I trained, supervised and supported the work of the resident field
managers at the existing sanctuaries and education centers, these far-flung across the
western states. During this time I was increasingly brought into national fundraising and
donor cultivation projects; and, with my wife, authored the organization's first staff
manual for fundraising.
Associate Director -- Following another few years, I was promoted to be one of two
Associate Directors of Audubon's Sanctuary Department, with our respective roles being
more programmatic than geographical. For my part, I oversaw and coordinated the
Jeffrey B. Froke / Curriculum vitae / Fall 2005
1 0 0
' science, research and management planning activities of the +/- 85 -unit sanctuary system
that spanned more than one million acres, nationwide. In this position, I was formally part
of the Science and Sanctuary senior staff and management team, thereby having the
' opportunity to work directly with the Society's executive managers, its president(s) and the
Board of Directors.
' In addition to sanctuary responsibilities, I served on Audubon's education committee that
was charged to review and improve the educational and interpretive performance - and
wildlife messages - of the Society's wide array of centers, publications and special
' programs. Also, I was a principal in the NAS nature travel program, and organized and
led members' tours and expeditions to, e.g., Alaska, Mexico, Peru, Ecuador, Venezuela, and
Trinidad and Tobago.
As mentioned, Audubon's president granted me a full- sabbatical to attend Harvard and to
accept the Loeb Fellowship. As I learned was the case with many Loeb alumni, the
Fellowship opened my eyes to wider horizons; and soon after I returned to work I resigned
from Audubon to accept an offer to take over and grow the fledgling Roger Tory Peterson
Institute in New York.
Roger Tory Peterson Institute of Natural History, PIesident/CEO (1988-1991)
' RTPI was founded in the mid-1980s by a distinguished board of naturalists, scientists,
corporate leaders and statesmen who envisioned a permanent tribute and commemoration
for the lifework of Roger Tory Peterson. Owing, in part, to the advanced age of many of
' the Trustees, including Roger himself, there was by the time I was hired a special sense of
urgency to create a significant program, raise money and build a home for the Institute's
ambitions.
' We started by broadening the vision and work of the Institute to highlight the meaning and
cultural contributions of Roger's career, as well as to build a physical museum and gallery
' to preserve its artifacts. With assembling its staff and volunteer corps, and building its
membership, our first accomplishments included starting a series of small national
conferences on nature education for young children and resurrecting the role of nature
' centers in communities. In cooperation with leading private teacher colleges and child
development institutes, e.g., Bank Street, Erickson and Pacific Oaks, we developed and
tested nature curricula for practicing teachers and young children and families. The
' objective was to reinforce the importance of hands-on, minds -on learning opportunities in
the natural world, and to forcefully argue for greater prominence of natural history versus
more abstract environmental education in schools and outdoor learning settings.
' We also kept our focus on building the Institute's headquarters in Jamestown, NY, Roger's
hometown and the civically eager host of our enterprise. First, I convinced the Board to
' release its working architect and replace him with one of national and international
renown; and following interviews and my recommendation, the Board hired Robert A.M.
Stern (NYC), who had just completed the design and construction of the Norman Rockwell
' Museum in Stockbridge.
To pay for its work, present and future, I was charged to spearhead fundraising; and with
the Board's avid support we raised nearly $10 million (of a 10 -year $20 million goal) from
' individual gifts, matching state government and foundation grants, corporate pledges and
a membership program that was generously subsidized by Houghton Mifflin. I left RTPI in
' Jeffrey B. Froke / Curriculum vitae /Fall 2005
' good shape in 1991 - to take a new and irrefutable position in California - and subsequently
the Institute's programs have expanded and thrived; and its headquarters with a museum
and training facilities, as were planned during my tenure, has been built.
Rancho San Carlos Partnership, Director of Conservation (1991-1996), and
Santa Lucia Conservancy, President/CEO (1996-2003)
RSCP was assembled to purchase (for $70 million) and develop the historic 20,000 -acre
Rancho San Carlos, later Santa Lucia Preserve, near Carmel and Pebble Beach, CA in 1990;
and I joined as Director of Conservation and a limited partner in 1991. Our founding
vision, which we later perfected and completed, was to create a relatively small number of
homesites (+/- 300) and a golf course and owners' club on a minor portion of the ranch (10
percent) and ultimately to establish a permanent preserve of the 90 percent balance of the
landscape. My role, as a principal in the planning, design and entitlement team, was to
determine the best -suited lands for preservation - and conversely the most suitable for
development - and to draft and implement a long-term management strategy for the entire
property. Also, rather than wait until the development plan was approved and underway,
we launched an ambitious resource management effort (for recovery and restoration after
the effects of overgrazing, management of exotic wildlife, etc.) and a high-quality public
education program, right away.
' My main contribution was to prepare and guide the formation of Santa Lucia Conservancy
(circa 1995), an independent nonprofit organization charged to own, by a combination of
fee and easement, the 18,000 acres of land dedicated to preservation. By doing extensive
' advanced analysis and planning, aided by teams of specialists whom I had hired and
supervised along with building a comprehensive GLS, I had determined that it would cost
approximately $1.25 million annually (1993 dollars) to responsibly manage the property as
' a first-class preserve. Based on that estimate, which was corroborated by academic and
practicing peers from across the country, we determined that $25 million would be needed
to endow the Conservancy; and that amount has since been committed via the nearly
' completed sales of the homesites.
Having accomplished my main objectives for the project including transferring 18,000 acres
' to permanent protection, launching a far-reaching landscape restoration venture, founding
and building the staff and board capacities of the Conservancy, securing all but the last of
the $25 million endowment, and in the meantime educating several thousand school
children, teachers and families from surrounding communities and the Preserve
community, I felt that I had left the Preserve in good standing when I resigned in 2003,
nearly 14 years after starting.
Wildlife Science & Conservation Consultant (presently)
' Since 2003, and also during 1996-2003 during certain lulls in the Santa Lucia project, I have
worked as an independent wildlife and conservation science consultant, dba 'Golfauna'
and 'California Wildlife Ecology.' Primarily addressing the Endangered Species Act (US
' Fish & Wildlife Service and NOAA Fisheries), as well as project conditions put forth by,
e.g., California Department of Fish & Game, California Coastal Commission and other state
and federal agencies, I have served more than 60 private, institutional, municipal, and
nonprofit clients. Major project areas that I advise and often guide through implementation
include, for example, new preserve establishment, ranching and grazing plans, golf course
Jeffrey B. Froke / Curriculum vitae / Fall 2005
0 0
design and development (e.g., integrating native habitat elements), harbor and public
works redevelopment (wildlife population recovery), coastal development and restoration,
and development of federal Habitat Conservation Plans. In many cases, these projects
' involve collaborating with large and complex design staffs and management teams; as well
as close involvement with regulators, funding institutions, attorneys, and landowners.
PUBLIC & PRIVATE BOARD SERVICE
Currently,
' Western National Parks Association, Trustee
`Western National Parks Association is a Congressionally -chartered nonprofit cooperating association of the
' National Park Service. Headquartered in Tucson, Arizona, the association was founded in 1938 as
the Southwest Parks & Monuments Association to support the interpretive activities of the National
Park Service. Today we operate bookstores at sixty-three National Park Service sites throughout
the western United States, plus an online store with more than 600 educational products.
'In addition to developing publications, Western National Parks Association supports park research and helps
fund programs that make park visits more meaningful. One of our founding goals was to create and
publish park -related information unavailable elsewhere. Currently we have more than 140 books in
' print with many new publications introduced yearly.... Western National Parks Association supports
parks by producing more than a half million pieces of free literature annually, including trail guides,
newspapers, schedules, and brochures.... Since our 1938 founding we've contributed more than
$25 million to national parks.'
' As a WNPA trustee, I serve on the Board's publications and research grants committees.
Pebble Beach Community Services District, Director
' 'PBCSD is a publicly governed special district, funded by revenues from residents' property taxes, that
provides the following services in Pebble Beach, CA: Fire protection and emergency medical
services; wastewater collection, treatment and disposal; garbage collection and disposal; and
' reclaimed water distribution.'
Del Monte Forest Foundation, Trustee
' 'The Del Monte Forest Foundation acquires and manages lands dedicated to open space and greenbelt within
the Del Monte Forest (Pebble Beach). Some of those lands are also managed for recreation, if that
is consistent with the resources and constraints of individual properties. Today, DMFF administers
' about 700 acres of open space, which is about 14% of the Del Monte Forest. (An additional 500
acres will be transferred to DMFF by the Pebble Beach Company in the next few years).
The Old Capital Club, Governor
OCC is a 50 -year old 'luncheon and conversation' club, founded by Gen. Jimmy Doolittle, Adm.
Raymond Spruance and Ansel Adams and others, and that today owns and maintains the
' 173 -year old Casa Amesti, a National Trust for Historic Preservation site in Monterey, CA.
Through its 160 members, OCC has raised nearly $4 million over the past six years for the
ongoing restoration and maintenance of the historic adobe that previously was owned by
' the prominent designer Francis Elkins, and its historic Spanish gardens that were designed
by Elkins' architect brother, David Adler. As a Governor, I serve as the Garden Chairman.
' Formerly,
• Asa Wright Nature Centre & Lodge (Trinidad & Tobago) [wu7masawright.org]
' Pacific Seabird Group [wuw.pacii icseabirdgroup.org]
Carmel River Watershed Conservancy [wmw.carmelriverwatershed.org]
' Jeffrey B. Froke / Curriculum vitae / Fall 2005
' Rancho San Carlos Education Foundation
• Redwood Region Audubon Society
• Monterey Peninsula Audubon Society
• Claremont -McKenna College Natural Science Center
• Chautauqua Community Foundation (NY)
• Boy Scouts of America / Monterey Bay Council
' Southwestern Unified School District (NY)
• All Saints' Episcopal Day School
' APPOINTMENTS, DELEGATIONS, COMMITTEES & COMMISSIONS
• Urban Land Institute, Full Member and Environmental Policy Council
' Orange County (CA) Fish & Game Commission
Orange County (CA) Open Space Advisory Committee
• Orange County (CA) General Aviation Advisory Committee
' NY State Bird Population Advisory Board
• Organization of Biological Field Stations
• Community Stewardship Organization Network
' UC/CDF Sustainable Oak Landscape Advisory Committee
• Golf Course Superintendents' Assoc. of America, Environmental Monitoring Committee
• Pan-American Wildlife Education Congress (Venezuela)
' International Wildlife Management & Sustainable Development Conf. (Costa Rica)
• Pebble Beach Open Space Advisory Committee (of the Property Owners' Association)
' RESEARCH & PROFESSIONAL AWARDS
• Harvard University / John & Frances Loeb Fellowship in Advanced Environmental Studies
' National Audubon Society / Carl Buchheister Fellowship (Mexican parrot research)
• National Audubon Society / Full -year Professional Sabbatical
• University of California / Doctoral Student Research Travel Award (Mexican parrot research)
' Cooper Ornithological Society / Frances Roberts Award (best student paper)
• North American Bluebird Society / Annual Research Award (world nestbox research)
REPRESENTATIVE PUBLICATIONS
LIMITATIONS OF MANAGING FRAGMENTED WOODLANDS. In P. J. Bowler (ed.), Proc. California Oak
Heritage Symposium, University of California - Irvine (1983).
THE ROLE OF NESTBOXES IN BIRD RESEARCH AND MANAGEMENT. In J. W. Davis et al. (eds.), Proc. Snag
' Habitat Management Symposium, Northern Arizona University, USDA Forest Service Gen. Tech.
Rep. RM -99 (1983).
MANAGING WILDLIFE AND DEVELOPERS ON THE SUBURBAN/WILDLAND EDGE IN SOUTHERN CALIFORNIA.
In K. Stenberg & W. W. Shaw (eds.), Wildlife Conservation in New Residential Developments,
University of Arizona & Urban Wildlife Institute; Proceedings of the National Symposium on
Urban Wildlife (1988).
EVOLUTION OF THE ORANGE COUNTY LANDSCAPE: THE DILEMMAS OF CHANGE AND PROSPECTS FOR
' RESTORATION. Proceedings of the Symposium on Habitat and Wildlife Restoration in Southern
California; Southern California Academy of Sciences and University of California (1988).
Jeffrey B. Froke / Curriculum vitae / Fall 2005
0 0
TERRESTRIAL VERTEBRATES OF A U.S..-MEXICO BORDERLAND TRANSECT. In F. Ganster & H. Walter
(eds.), Environmental Hazards and Bioresource Management in the United States -Mexico
Borderlands. University of California / Latin American Center (1990).
EVOLUTION OF A SETTLED LANDSCAPE: A BIOGEOGRAPHICAL ANALYSIS OF RANCHO MISSION VIEJO,
CALIFORNIA. Doctoral dissertation, University of California - Los Angeles (1991).
REFERENCES UPON REQUEST
Jeffrey B. Froke / Curriculum vitae / Fall 2005
0
PI,I,Gi. S colt
Education
• University of California, Irvine
Bachelor of Science,
Applied Ecology
• University of California,
Los Angeles
(Extension) Planning and Zoning
Regulation
While attending University of California,
Irvine Ms. Scott's focus was in the area of
environmental studies related to Biological
Science and Social Ecology. During the
completion of her Bachelor of Science
degree Ms. Scott worked as an intern at
CAA in the Environmental Services De -
0
Experience
• Culbertson Adams & Associates, Inc.
- Assistant Planner (2005 - present)
- Intern (2004-2005)
Expertise
• Research related to current planning
projects
and preparation of Initial Studies, Negative
Declarations, and Mitigated Negative Dec-
larations with management supervision.
Ms. Scott continues her education in the
areas of CEQA and NEPA through regular
attendance of seminars and workshops.
partment. Herjob responsibilities have Upon completion of her degree Ms. Scott
incorporated research at various City and transitioned to full-time employment at
CAA in the Planning Department. Cur-
rently, Ms. Scott assists in the preparation
of documents pursuant to the California
Environmental Quality Act (CEQA) and
research related to current planning projects.
County agencies in support of preparation
of environmental documents, interfacing
with school districts related to approvals for
expansion of existing and construction of
new facilities, site visits and reconnaissance
for evaluation of impacts and constraints,
Culbertson, Adams & Associates, Inc.
0
K,ativLee'w M. Crumv
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Ms. Cram has worked professionally in the field of legal assistant or planning since 1979, with
managerial responsibilities in the intervening years.
Education
• McCormac Community College, Chi-
cago, Illinois
Certificate Program for Administrative
Assistant/Legal
• Saddleback Community College,
Mission Viejo, California
Certificate Program for Legal
Assistant
Ms. Crum has been actively involved in
projects under the jurisdiction of the Califor-
nia Coastal Commission including preparation
of the Seal Beach Local Coastal Program,
research and document preparation for
material and immaterial Coastal Development
Permit Amendments for Makar Properties,
Inc., Headlands Reserve, LLC and the Balboa
Bay Club, and preparation of Coastal Devel-
opment Permit applications for Pelican Hill
Resort in Newport Coast. In addition, Ms.
Crum has assisted in the preparation of
Environmental Impact Reports for Tonner
Hills Planned Community and Capistrano
Unified School District and Mitigated
Negative Declarations for projects such as the
Rossmoor Shopping Center Renovations in
the City of Seal Beach, the Seal Beach
General Plan Update, and Capistrano Unified
School District.
Prior to rejoining Culbertson, Adams &
Associates in 2001, Ms. Crum worked in the
construction and planning departments at
Mission Viejo Company, assisting in the
preparation of various documents involved in
processing projects through county approval.
Experience
• Culbertson Adams & Associates, Inc.
- Legal/Environmental Planning As-
sistant(2001-present)
- Legal Assistant (1987-1988)
• Mission Viejo Company (1979-1987)
Planning/Construction
Expertise
• Organization and operational skills
involving legal research, analysis, and
office management.
As a legal assistant at CAA, she was respon-
sible for research and analysis of environ-
mental cases, as well as assisting in the
preparation of documentation for clients and
governmental agencies. Previous experience
also includes office management in a retail
sales company with major emphasis on public
relations abilities and personnel management.
Currently, Ms. Crum assists in the research
for NEPA and CEQA related issues in the
preparation phase of Environmental Impact
Reports and Environmental Assessments. Ms.
Crum has prepared Mitigated Negative
Declarations for projects such as the Ross -
moor Shopping Center Renovation and EIR
impact analysis for Tonner Hills Planned
Community.
Her experience covers a wide range of pro-
jects, including commercial redevelopment,
residential planned communities, and Califor-
nia Coastal Commission. Previous experience
also includes office management in a retail
sales company with major emphasis on public
relations abilities and personnel management.
Culbertson, Adams & Associates, Inc.
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CULBERTSON, ADAMS &ASSOCIATES
PLANNING CONSULTANTS
General Provisions and
Schedule of Fees for Professional Services
Standard Billing Rates Effective January 1, 2006
Billing rates are subject to revision effective January 1 of eacb year
Classification Hourly Rates
Principal
$275.00
Principal Planner I
150.00
Principal Planner II
145.00
Senior Project Manager
135.00
Project Manager
125.00
Engineering Coordinator
125.00
Senior Planner
110.00
Associate Planner I
100.00
Associate Planner II
85.00
Graphics Manager
75.00
Assistant Planner
65.00
General Conditions
Reimbursable expenses (travel accommodations including rental vehicles and regularly
scheduled commercial airline flights, food and lodging, blueprinting and reproduction,
delivery/courier, supplies, extensive mailing postage, etc.) are billed at cost and are in addition
to the estimated fee for the project.
2. Automobile mileage outside Orange County will be billed at $0.485 per mile.
Hourly rates apply to work time as well as travel time and waiting time that occurs at public
hearings. Rates increase 50% for depositions or court testimony.
4. Statements will be submitted monthly for work in progress or upon completion of work.
Statements are payable upon receipt. Any statement unpaid after thirty (30) days shall be
subject to the maximum monthly interest charge provided by law on amounts thirty (30) days
past due. If Client fails to pay Consultant within sixty (60) days after invoice is rendered,
client agrees Consultant shall have the right to consider such default in payment a material
breach of the entire agreement, and, upon written notice, the duties, obligations, and
responsibilities of Consultant under this agreement are terminated.
85 Argonaut, Suite 220, Aliso Viejo, California 92656-4105 • (949) 581-2888 • Fax (949) 581-3599
GENERAL PROVISIONS AND
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
(Continued)
Client hereby agrees that the balance in a billing statement is correct and binding unless the
Client notifies the Consultant in writing within ten (10) days of the date ofbilling and informs
Consultant of alleged incorrect item; provided however, that the foregoing shall apply only to
the description of work performed as set forth in the billing statement and if after such ten
(10) day period Client discovers a mathematical error in the billing statement, Client shall not
be bound by the erroneous balance which Consultant hereby agrees to correct.
6. Consultant makes no warranty as to its findings, except that the work is performed using
generally accepted methods.
Consultant makes no warranty that the project will be approved by any governmental agency,
nor endorsed by any citizens group.
8. Client agrees to limit the Consultant's liability to the Client and to all Contractors and
Subcontractors on the project due to Consultant's material, willful, and grossly negligent acts,
errors, or omissions, to the sum of $50,000 or to the Consultant's fee, whichever is less.
9. In the event either party commences legal action to enforce this Agreement of the General
Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and
costs incurred in the action, in addition to all other relief to which the prevailing party is
entitled.
10. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in
progress, except where a task was completed early, in which case it will be billed as ifthe task
were complete.
11. Client agrees and concurs that Consultant is obligated to only Client to perform and/or
receive direction or instructions on the project, and that Consultant is not obligated to
perform and/or take direction or instructions from Client's other Consultants or
Subconsultants without prior written notification and concurrence by Consultant.