19-0903_LSA ASSOCIATES, INC._E7_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO : Honorable Mayor and Members of the City Council
FROM : ~njamin Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Directo r~
PREPARED BY: Sergio Klotz, Assistant Development Services Director ~
DATE : September 3, 2019
9/3/2019
E7
SUBJECT: First Amendment to the Professional Services Agreement with LSA
Associates Inc., for the Preparation of an Environmental Document
Pursuant to the California Environmental Quality Act (CEQA),
Related to the Proposed "Ganahl Lumber Project" (Property Owner:
City of San Juan Capistrano, Applicant: Ganahl Lumber Co.)
RECOMMENDATION :
Approve and authorize the City Manager to execute Amendment No . 1 to the Professional
Services Agreement (PSA) with LSA Associates Inc. (LSA) for the preparation of an
environmental document, pursuant to the California Environmental Quality Act (CEQA),
at a cost not-to-exceed $285,335, to be funded by the Applicant.
DISCUSSION/ANALYSIS :
On November 5, 2018, the City and LSA entered into a PSA (Attachment 1) for the
preparation of an environmental document for the proposed Ganahl Lumber project, at a
cost not-to-exceed $221,835. It was subsequently determined that the appropriate
environmental document for the project would be an Environmental Impact Report (EIR).
In preparation of the project EIR, the Applicant has requested additional project
alternatives to be analyzed. As such, additional technical tasks not included in the original
scope of work are necessary. Specifically, the Traffic Impact Analysis (TIA) will need to
include additional traffic modeling and level of service (LOS) analysis due to the additional
project alternatives being studied. The proposed PSA amendment would increase the
cost of LSA's scope of work by $63,500, from $221,835 to $285,335.
City Council Agenda Report
September 3, 2019
Page 2 of 2
FISCAL IMPACT:
There is no fiscal impact to the City. The cost to prepare the environmental document,
including the additional technical tasks related to this PSA amendment, will be solely
funded by the project Applicant.
ENVIRONMENTAL IMPACT:
In accordance with CEQA, the recommended action is exempt from CEQA per Section
15061 (b )(3 ), the general rule that the CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. Amending the PSA with
LSA to prepare additional technical tasks would not be an activity with potential to cause
significant effect on the environment, and therefore is exempt from CEQA.
PRIOR C IT Y COUNCIL REVIEW :
• On November 5, 2018 , the City Council approved and authorized the City Manager
to execute a Professional Services Agreements with LSA to prepare an Initial
Study (IS) and subsequent environmental document for the proposed Ganahl
Lumber Project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
LSA
Interested Parties Notification List
A TT ACHMENT(S):
Attachment 1 -2018 PSA with LSA
Attachment 2 -Amendment No. 1 to PSA with LSA
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of November 5, 2018 by and between the
City of San Juan Capistrano, a municipal corporation organized and operating under the laws of
the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675 ("City"), and LSA Associates, Inc., a California Corporation with its principal
place of business at 20 Executive Park, Suite 200, Irvine, CA 92614 (hereinafter referred to as
"Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Preparation of environmental document for Gana hi Lumber project (AC18-021) (hereinafter
referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1 . Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation .
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $221,835. This amount is to cover all printing and
related costs, and the City will not pay any additional fees for printing expenses. Periodic
payments shall be made within 30 days of receipt of an invoice which includes a detailed
description of the work performed. Payments to Consultant for work performed will be made on
a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
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ATTACHMEN T 1
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records .
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four ( 4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
Consultant shall complete the services required hereunder by December 31, 2019. The Notice
to Proceed shall set forth the date of commencement of work.
6. Delays in Performance .
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
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9. Assignment a nd Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11 . Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section . In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following :
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for ( 1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
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against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 1 O 01 , or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured .
b. Automob ile Lia bi lity
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City .
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City , its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City , the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention .
c. Workers ' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act ," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers' compensation coverage of the same type and limits as
specified in this section.
d. Professional Liabil it y (Erro rs and Om iss ions }
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
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a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. "Covered Professional Services" as designated in the policy must
specifically include work performed under this Agreement. The policy must "pay on behalf of' the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Pol icy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Sing le Limit
$1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence
$1,000,000 per claim and aggregate (errors and
om issions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent)
signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
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Liability Additional Insured Endorsement to the City at least ten ( 10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultal")t's policy is primary insurance and that any
insurance. self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials , officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought , except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant 's indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law .
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A :Vll and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additi o nal Insuran ce Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification .
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(ii) If at any time during the life of the Agreement , any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials , officers, employees. agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. S ubconsultant In s u rance Requirements . Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification .
a . To the fullest extent permitted by law, Consultant shall defend (with counsel
of City's choosing), indemnify and hold the City, its officials, officers, employees , volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions. or willful misconduct of Consultant. its officials. officers, employees , subcontractors,
consultants or agents in connection with the performance of the Consultant's services, the Project
or this Agreement. including without limitation the payment of all damages, expert witness fees
and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds. if any, received by Consultant. the City, its officials,
officers , employees, agents, or volunteers .
b. If Consultant's obligation to defend , indemnify, and/or hold harmless arises
out of Consultant's performance of "design professional" services (as that term is defined under
Civil Code section 2782 .8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the
Consultant's proportionate percentage of fault.
13. Cali fornia La bor Cod e Req u irements .
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq .. which require the payment of prevailing wage rates and the
performance of other requirements on certain "public works" and "maintenance" projects
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("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions , which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777 .5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777 .1 ). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725 .5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements. Notwithstanding the foregoing, the contractor registration
requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work
performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations . It shall be Consultant's sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant's performance of services, including any delay, shall be Consultant's sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Ver ifica ti on of Employme nt Eli gi bi lity.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15 . Reserved.
16 . Laws and Venue.
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This Agreement shall be interpreted in accordance with the laws of the State of California .
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned . City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination . City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days ' written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Doc u ments. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes , written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19 . Organization
Consultant shall assign Ryan Bensley as Project Manager . The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
20. Li mitatio n of Agr ee ment.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office , certified mail, return receipt
requested, postage prepaid, addressed to:
61147 ,02100\10974777.2
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CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano , CA 92675
Attn : Sergio Klotz , AICP, Assistant
Development Services Director
and shall be effective upon receipt thereof.
22. Third Party Rights
CONSULTANT:
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, CA 92614
Attn : Rob Mccann, Chief Executive Officer
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Eq ual Opport unity Emp loyment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24 . Entire Ag reement
This Agreement , with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein , and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Se vera b ility
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successo rs and As sig ns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void .
27. Non-Waiver
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None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. Ci ty 's Rig ht to Employ Other Co nsultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission , percentage, brokerage fee , gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom .
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[SIGNATURES ON FOLLOWING PAGE]
11
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND LSA ASSOCIATES, INC.
IN WITNESS WHEREOF, lhe Parties have executed this Agreement as of the date first
written above.
ATIEST:
By c~~
APPROVED AS TO FORM :
9#/3~
By:
City Attorney
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LSA ASSOCIATES, INC.
By: ~~
Its: Pc, \1J.iwt/ (1,,f o~ i)J'.f,qu-
Printed Name: Ml k.e 1ro 1TG
EXHIBIT A
. . .-.-1..,.,~,.....
•
Ganahl DPvt>lopment Pro1ect _ · -':.·~--·~---
rhP C1tv of 5an Juan Cap1Hrano . . . :: . _ ' _ · ,
-•: #_;____,,,_..a> -_>.. 1."~
SCOPE OF WORK
STATEMENT OF UNDERSTANDING
Introduction
The proposed project would be located on an approximately 16.S·acre site in the City of San Juan
Capistrano in southern Orange County. LSA understands that the proposed project includes the
subdivision of the project site to facilitate the development of restaurant uses with drive-through lanes,
a Ganahl Lumber Hardware Store with approximately 130,785 square feet of commercial, storage, and
office space, and surplus vehicle storage for nearby auto dealers. LSA understands that the proposed
project would require multiple discretionary actions from the City, which are described below.
Existing Project Site
The project site is located on approximately 16.S acres on the north side of Stonehill Drive, adjacent to
San Juan Creek to the west, an existing mobile home neighborhood to the north, and railroad right-of-
way to the east. The project site has been used to store excess new vehicle inventory for nearby auto
dealerships since approximately 2008. Regional access to the project site is provided by Interstate 5
(1-5), which traverses San Juan Capistrano in a north/south direction.
The project site has a General Plan Land Use designation of Quasi Industrial and is zoned as a
Commercial Manufacturing District. Existing land uses surrounding the project site include a mobile
home neighborhood to the north, railroad tracks and car dealerships to the east, a plant nursery to the
south, and San Juan Creek and park space to the west . Land uses to the north and east of the project
site are within San Juan Capistrano, and land uses to the south and west of the project site are within
the neighboring city of Dana Point.
Project History
On August l, 2017, the City Council approved an Exclusive Negotiation Agreement (ENA) between the
City of San Juan Capistrano and Gana hi Lumber Company (Applicant) for the development of the City's
Lower Rosan Ranch property. The ENA establishes a period when the City and the Applicant desire to
explore the feasibility of the Applicant acquiring the project site for the purpose of constructing and
operating the proposed project. Approval of the ENA does not bind the City in any way to a specific
project or future sale of the property to the Applicant.
Proposed Project
The proposed project includes the subdivision of the project site into five lots. Lots 1 and 2 would
contain future restaurant uses with drive-through lanes totaling approximately 5,000 square feet. Lot 3
would be developed with a Ganahl Lumber Hardware Store with approximately 130,785 square feet of
commercial, storage, and office space along with associated improvements. Lots 4 and 5 have been
designed to accommodate surplus vehicular storage for nearby auto dealers. Proposed restaurant uses
for Lots 1 and 2 have not been identified at this time and will likely require their own future entitlement
· LSA
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review process. At this time, only landscaping along the perimeter and access points are identified along
with the potential locations of structures and drive-through lanes on the site .
Located on Lot 3, the Ganahl Lumber Hardware Store reflects the improvements proposed to facilitate
the operation of a commercial store. Ganahl Lumber has a unique operation that provides material
display for walk-in customers as well as a layout that gives customers the ability to drive vehicles into or
adjacent to structures providing loading or pick-up of larger items. The project also includes parking
areas for customers and employees. Adjacent to the main retail building would be a historic head saw
reflective of the history of Ganahl Lumber in the region and possibly an operating wind turbine
reflecting the company's commitment to utilizing green technologies.
The project will require a number of discretionary actions for full implementation. Required
discretionary actions include the following: Architectural Control (AC), Grading Plan Modification (GPM),
Tree Removal Permit (TRP), Sign Permit Program (SP), Floodplain Land Use Permit (FP), Discretionary
Use Permit/Conditional Use Permit (CUP), and Tentative Tract Map (TIM). Additionally, one or more of
the following will be executed between the City and the Applicant: a Development Agreement (DA),
Disposition and Development Agreement (ODA) or Agreement Affecting Real Property (AARP).
Discretionary actions associated with the proposed project are described in further detail below.
Required Discretionary Actions
• Architectural Control (AC): The proposed project would require review and approval of the site
plan, architectural design of the structures, lighting, site amenities, and landscape. The applicant
introduced associated architectural plans to the City's Design Review Committee (DRC) on
September 13, 2018. The DRC comments did not affect the site plan as proposed.
• Grading Plan Modification (GPM): The proposed project would require approval of on-site grading
and elevations to create building pads, parking areas, and pedestrian access.
• Tree Removal Permit (TRP): The proposed project would require the review and evaluation of any
project impacts related to the removal of trees.
• Sign Permit Program (SP): The proposed project would require the review and evaluation of the
project's sign program.
• Floodplain Land Use Permit (FP): The proposed project would require the review and evaluation of
any potential impacts to San Juan Creek.
• Discretionary Use Permit/Conditional Use Permit (CUP): The proposed project would require the
review and evaluation of any potential impacts related to the drive-through restaurants.
• Tentative Tract Map (TIM): The proposed project would require review of the proposed subdivision
of the project site to create five buildable lots .
. . .. ·. LSA
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• Development Agreement (DA), Disposition and Development Agreement (ODA) or Agreement
Affecting Real Property (AARP): The proposed project would require an agreement between the
City and the Applicant outlining obligations of both parties and specifying the standards and
conditions that will govern the sale and development of the project site.
PROJECT APPROACH
LSA's experience working directly on the project site, as well as experience working elsewhere in the City
(e.g., The Farm Specific Plan) has afforded LSA an opportunity to gain an in-depth understanding of the
existing conditions and environmental constraints in the project vicinity as well as an understanding of
the sensitive environmental issues within San Juan Capistrano (e.g., cultural resources, architectural
compatibility, traffic). This knowledge will allow LSA to effectively and efficiently analyze the proposed
project. LSA proposes to supplement preparation of the Initial Study with supporting technical work,
including a Traffic Impact Analysis (TIA). The Applicant will be responsible for providing the supporting
technical analyses with respect to air quality/GHG emissions, biological resources, cultural and
paleontological resources, hazardous materials, geology and soils, noise, hydrology, and water quality,
which will be peer rev iewed by LSA. This will ensure the Initial Study will be adequate for the City to
determine the level of documentation required for CEQA compliance.
Once the Initial Study is complete, LSA will meet with City staff to review the conclusions in the
document. The Initial Study may determine that the proposed project has the potential to result in
significant unavoidable impacts to the environment. If this is the case, the preparation of an EIR is
required. The lni~ial Study may also determine that all potentially significant impacts of the proposed
project can be mitigated to a less than significant level. If this is the case , the City will have the option to
prepare an ND or an MND. The City may also choose to prepare an EIR in order to be afforded a more
deferential standard of judicial rev iew (i.e ., substantial evidence vs. fair argument).
CLIENT INFORMATION REQUIRED
The following information will be required in order to adequately address all of the Initial Study checklist
questions and should be provided by the Applicant:
• A detailed project application, which will be used to develop the Project Description
• Conceptual site plans, including proposed elevations of buildings, landscaping, and access points
• Preliminary grading i nformation, including depth of excavation (if known) and whether import or
export of soils will be required
• Construction information, including length of construction and phasing, average number of daily
workers, anticipated construction equipment, and staging area (if known)
• Air Quality/GHG Emissions Report
• Arborist Report
• Biological Resources Report
LSA -.
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• Paleontological Resources Report
• Cultural Resources Report
• Preliminary Sewer Study
• Soils/Geotechnical Report
• Noise Impact Analysis
• Hydrology and Hydraulics Analysis
• Preliminary Water Quality Management Plan
• Lighting plans, including specifications of light fixtures and lumens, if available
• Conceptual infrastructure improvement plans (e.g ., water, sewer, storm drain, and electricity
connections)
• Hazardous studies (environmental constraints analysis) for the project site, including a Phase I
Environmental Site Assessment (ESA) and/or an Environmental Data Resources, Inc . (EDR) Radius
Map, or the equivalent thereof
SCOPE OF SERVICES
Based on LSA's understanding of the project, the project area, and the project site (a site visit was
conducted by LSA in October 2018), LSA anticipates that preparation of a preliminary Initial Study with
supporting technical work will be adequate for the City to determine the level of documentation
required for compliance with CEQA. Tasks 1 through 4, described in detail below, outline LSA's Scope of
Services for the proposed project. In order to adequately respond to the Initial Study checklist questions,
LSA has included preparation of a TIA to address impacts related to traffic, which is outlined in Task 2.0.
The Applicant will be responsible for providing the supporting technical analyses with respect to air
quality/GHG emissions, biological resources, cultural and paleontological resources, hazardous
materials, geology and soils, noise, hydrology, and water quality, which will be peer reviewed by LSA.
Upon completion of the Initial Study, LSA and the City will determine whether an MND or an EIR will be
required to adequately assess potential environmental impacts of the project under CEQA.
Task 1.0: Project Initiation and Project Description
LSA will prepare a thorough Project Description for use in the Initial Study preparation. LSA will meet in
person with the City's team and the Applicant at a project kick-off meeting to refine the Project
Description and develop a mutual understanding of the scope and approach to be used in completing
the work tasks outlined herein. The Project Description will include the following:
• The name of the proposed project and the name and address of the Applicant
• The precise location and boundaries of the proposed project shown on a detailed topographic map
• A conceptual site plan
• A statement of the project's proposed objectives
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• A general description of the project's technical , economic, and environmental characteristics
• A discussion of supporting public service facilities
• A statement of the intended use of the Initial Study, including a list of public agencies that are
anticipated to use the document in their decision-making
• A list of required discretionary approvals
• A discussion of the existing and proposed land uses, zoning map classifications, and General Plan
land use designations
LSA will submit the Project Description to the City for review and approval. The overall schedule and
budget are based on the assumption that substantive changes to the Project Description will not be
made later in the process.
Task 2.0: Technical Analyses, Peer Reviews, and Related Support
In order to substantiate the findings of the Initial Study, preparation of a TIA is proposed. Per the City-
issued Request for Proposal (RFP) and information provided by City staff, the Applicant will provide the
supporting technical analyses with respect to air quality/GHG emissions, biological resources, cultural
and paleontological resources, hazardous materials, geology and soils, noise, hydrology, and water
quality, which will be peer reviewed by LSA. Preparation of these technical analyses will assist in
determining the appropriate level of environmental documentation for the proposed project. Although
these technical studies could be prepared at a later date, they will be required for any future CEQA
documentation in order to provide substantial evidence, as required under CEQA, when evaluating a
project's potential impacts. The preparation of these studies at the time the_ Initial Study is prepared will
provide the City with a more comprehensive and legally defensible document upon which to make a
determination for future documentation.
For each of the peer reviews outlined below, it is assumed that an LSA technical specialist will complete
an initial review of the report and provide comments in a letter that will be submitted to the City for
transmittal to the Applicant's consultant. The comment letter will provide recommendations for any
corrections or additions needed to make the report adequate for project review under CEQA. After each
report has been revised, as necessary, to address the comments raised during the peer review process,
LSA's technical specialist will conduct a second review to confirm that each of its comments has been
addressed and any requested modifications have been satisfactorily incorporated into the revised
report. This scope of work and budget is based on the assumption that the technical analyses are
generally adequate for incorporation into the Initial Study and will not require major revisions.
Task 2.1: Traffic Impact Analysis
The TIA will be prepared by LSA pursuant to the City of San Juan Capistrano {City} Scope of Work for the
Preparation of a Focused TIA for the Gan ah/ Commercial Development Project, Administrative Policy 310,
Preparation and Use of Traffic Reports; Orange County Congestion Management Program (CMP) TIA
Guidelines; and provisions of CEQA .
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The TIA for the proposed project will need to examine the following four development scenarios :
1. Existing Conditions
2. Existing Plus Project Conditions
3. Existing Plus Project Plus Cumulative Conditions (future near-term year, corresponding to project
opening)
4. Existing Plus Project Plus Buildout Conditions (future long-range, corresponding to build out of the
City's General Plan)
The following tasks are recommended to provide a complete TIA for the proposed project.
Subtask 2.1.1: Coordination with City Staff. LSA will coordinate with representatives of the
Development Services Department and/or Public Works Department to confirm the scope of work and
discuss issues related to the proposed project with City staff. This will include confirmation of specific
analysis methodologies and assumptions, land use assumptions, designation of study area intersections
and roadway segments, identification of cumulative background traffic conditions (i.e .,
approved/pending projects list and ambient growth rate), and discussion of specific concerns regarding
the project. One specific issue to be discussed with staff includes the future circulation network
assumptions for buildout conditions (the Master Plan of Arterial Highways network or the Constrained
network).
Subtask 2.1.2: Data Collection. The following information will be needed prior to preparation of the
TIA:
• Existing Traffic Counts: LSA will request existing traffic counts from the City . If the City does not
have this data available (i.e ., counts conducted within 1 year of the Notice to Proceed), LSA will
conduct 3 days of new intersection turn-movement counts in the a.m. and p.m. peak hours and
3 days of new roadway segment counts over 72 hours (as required pursuant to Administrative Policy
310). National Data & Surveying Services will be the independent count company used to collect the
traffic counts. In addition, LSA will collect geometric and traffic control data at the study area
intersections. For the purposes of this scope of work and budget estimate, LSA will count up to 11
intersections and 7 roadway segments (consistent with the study area of the City-issued Scope of
Work for this project).
• Cumulative Conditions: A cumulative year (future, near-term) scenario corresponding to the
projected opening year of the proposed project will be analyzed. To determine the cumulative
baseline conditions, LSA will request from the Development Services Department a current list of
approved and/or committed projects up to the project opening year. LSA will also request the traffic
studies and/or environmental documents for these projects to develop cumulative baseline traffic
volumes. If these documents are not available, LSA staff will assign approved/pending project trips
to the study area circulation network using the "manual method" of trip assignment. LSA anticipates
using the manual method for up to 10 projects. An ambient growth rate will be applied to represent
the near-term conditions, as discussed with City staff.
_ .. _, . . LSA
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• Bulldout Conditions: A buildout year (future, long-term) scenario corresponding to the build out of
the City's General Plan will be analyzed. To develop the forecast year conditions, LSA will utilize the
Orange County Transportation Analysis Model (OCTAM).
Subtask 2.1.3: Existing Conditions. Existing a.m. and p.m. peak-hour traffic conditions and levels of
service (LOS) will be assessed using the intersection capacity utilization (ICU) and Highway Capacity
Manual (HCM) methodologies (per Administrative Policy 310). An average daily traffic (ADT) and peak-
hour link analysis will also be performed for the study area roadway segments using the methodology
and performance standards contained in the City's General Plan Growth Management Element. In
addition to analysis of the study area, LSA will describe the existing transit, pedestrian, and bicycle
conditions, including bus service to the project area, locations of transit stops and stations, bicycle lanes,
and pedestrian facilities providing access to the project site.
Subtask 2.1.4: Project Trip Generation, Distribution, and Assignment. Daily a.m. and p.m. peak-hour
trips will be generated for build out of the proposed project. LSA will develop the trip generation
estimate based on trip rates contained in the latest Institute of Transportation Engineers (ITE) Trip
Generation Manual, or trip rates developed from information provided by Ganahl (to be discussed with
and approved by City staff). Project-related trips will be distributed through the study area intersections
based on a select zone assignment obtained from OCTAM.
Project trip generation volumes will be assigned to the arterial street system based on the trip
distribution identified above. The resulting project trip assignments will be overlaid onto the existing
and cumulative traffic bases to determine the Existing and Cumulative Plus Project traffic volumes,
respectively. Project volumes for buildout conditions will be based on OCTAM.
Subtask 2.1.5: Project Impact Assessment.
a. Existing Plus Project: LSA will analyze the Existing Plus Project traffic conditions at the study area
intersections and roadway segments to determine the ability of the circulation system to provide
acceptable LOS when the project is added to the existing condition. The resulting Existing Plus
Project traffic volumes will be examined to determine peak-hour intersection and roadway LOS.
Project impacts will be identified assuming existing intersection geometrics.
b. Cumulative Plus Project: Traffic conditions for the Cumulative Plus Project condition will be
analyzed in the TIA. The cumulative traffic conditions will be developed based on ambient growth
and the contribution of committed and/or approved developments' peak-hour traffic volumes to
the City's circulation system. The ambient growth percentage per year will be confirmed based on
discussion with City staff. In conjunction with City staff, LSA will obtain a current approved/
committed projects list, as well as the traffic studies prepared for these developments, to derive the
project study area cumulative traffic volumes and approved circulation system improvements. For
cumulative projects without a traffic study, trip generation will be based on ITE trip generation
rates. LSA will assign the approved/committed projects' traffic volumes and the proposed project
trips to the existing traffic base to determine the Cumulative Plus Project conditions. LSA will
analyze the Existing Plus Project Plus Cumulative LOS conditions at the study area intersections and
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roadway segments to determine the ability of the circulation system to provide acceptable LOS
within a short-term horizon (opening year of the project).
c. Buildout Plus Project: LSA will analyze the forecast conditions at the study area intersections and
roadway segments to determine the ability of the circulation system to provide acceptable LOS
within a long-range (General Plan Buildout) horizon. The Buildout Plus Project condition will be
based on output from OCTAM. The resulting forecast traffic volumes will be examined to determine
peak-hour intersection and roadway segment LOS.
d. Site Plan Analysis: An on-site circulation and access analysis of the proposed internal circulation
system will be performed based on the proposed project site plan. Peak-hour intersection operation
at the proposed project driveway(s) will be addressed to determine the adequacy of the interface
with the arterial street system. LSA will evaluate the potential for vehicle queues, the need for
acceleratiof!/deceleration lanes and traffic control devices, and adequate sight distance at the
project driveway(s). LSA will review the City's Municipal Code off-site parking requirements for the
land uses proposed as part of the project and determine whether adequate parking will be provided
on site. A traffic signal warrant will be conducted at Stonehill Drive and the main project driveway.
e. Mitigation Measures: Based on the results of the project impact assessment, mitigation measures
(physical and/or operational) will be proposed to address impacts created by the project in the
Existing, Cumulative, and Buildout conditions. Mitigation measures (if any) will be consistent with
City Council Administrative Policy 111 (Fair Share Methodology).
f. Preparation of Traffic Impact Analysis: A TIA will be prepared discussing the Existing, Cumulative,
and Buildout (with and without the proposed project) conditions. Identification of intersection,
roadway segment, and on-site improvements required to accommodate project development will
be provided. References will be identified and included in the report as appropriate. A Draft TIA will
be submitted to the City for review. Upon completion of the review, LSA will modify the draft report
to address the City's comments and submit the Final TIA.
As part of the TIA review and approval process, LSA will attend up to six meetings and/or public hearings
as outlined in the RFP.
Task 2.2: Technical Peer Reviews
Subtask 2.2.1: Air Quality/Greenhouse Gas Emissions Report Peer Review. LSA will review the air
quality and GHG analysis for the proposed project prepared by the Applicant's consultant. The peer
review will focus on the content and accuracy of the analysis in accordance with the emission calculation
procedures from the South Coast Air Quality Management District (SCAQMD) CEQA Air Quality
Handbook. The task will also include the evaluation of the project's consistency with the City's General
Plan, the SCAQMD Air Quality Management Plan, the California Climate Change Scoping Plan, and the
State Implementation Plan (SIP).
Subtask 2.2.2: Arborist Report Peer Review. An LSA biologist certified as an arborist by the International
Society of Arboriculture (ISA) will conduct a peer review of the arborist report prepared for the
-LSA
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proposed project by the Applicant's consultant. The report will be evaluated for consistency with local
policies and ordinances regarding tree removal.
Subtask 2.2.3: Biological Resources Report Peer Review. LSA will complete a peer review of the
biological resources report prepared for the proposed project by the Applicant's consultant to
determine compliance with State CEQA Guidelines. The review will include an evaluation of the methods
and conclusions in the report for legal and scientific accuracy, in accordance with the requirements of
CEQA and the State CEQA Guidelines.
Subtask 2.2.4: Paleontological Resources Report Peer Review. The RFP issued by the City suggested
that two separate studies prepared by the Applicant's team would address the potential to encounter
paleontological resources on the project site; however, in LSA's experience , this environmental issue is
typically evaluated within a single technical study. Therefore, LSA will complete a peer review of one
paleontological resources report prepared by the Applicant's consultant to determine compliance with
CEQA guidelines. The review will include an evaluation of the methods and conclusions in the report for
legal and scientific accuracy, in accordance with the requirements of CEQA and the State CEQA
Guidelines.
Subtask 2.2.5: Cultural Resources Report Peer Review. The RFP issued by the City suggested that two
separate studies prepared by the Applicant's team would address the potential for the project to impact
cultural resources on the project site; however, in LSA's experience, this environmental issue is typically
evaluated within a single technical study . Therefore, LSA will complete a peer review of one cultural
resources report to determine compliance with State CEQA Guidelines and Assembly Bill (AB) 52 . The
review will include an evaluation of the methods and conclusions in the report for legal and scientific
accuracy, in accordance with the requirements of CEQA and the State CEQA Guidelines.
Subtask 2.2.6: Environmental Constraints Analysis Peer Review. LSA will review the Environmental
Constraints Analysis prepared by the Applicant's consultant, which is presumed to be a Phase I ESA, to
determine if it provides adequate information regarding the presence of Recognized Environmental
Conditions (RECs) on the project site to prepare the Hazards and Hazardous Materials section of the
Initial Study. If necessary, LSA will recommend additional analysis. The review will not constitute an
engineering-level review to confirm that the Phase I ESA was prepared in a manner consistent with
American Society for Testing Materials (ASTM) Standard Practice E 1527-13.
Subtask 2.2.7: Geotechnical Report Peer Review. LSA will review the Geotechnical Evaluation prepared
for the proposed project by the Applicant's consultant to determine if it contains the necessary
information to prepare the Geology and Soils section of the Initial Study. LSA will also review the
Geotechnical Evaluation for its consistency with recommendations in California Division of Mines and
Geology's (CDMG} Note 46: Guidelines for Geologic/Seismic Considerations in Environmental Impact
Reports. If necessary, LSA will recommend additional analysis. The review will not constitute an
engineering-level geotechnical review.
Subtask 2.2.8: Noise Impact Report Peer Review. LSA will conduct a peer review of the Noise Impact
Report prepared for the proposed project by the Applicant's consultant. LSA will review the documented
. LSA
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noise levels described in the report and will review the assessment of the land use compatibility
associated with the project site based on City and State noise compatibility criteria. LSA will also review
the findings on potential impacts related to project construction and operations to off-site noise
sensitive receptors. Noise reduction measures identified in the report, if necessary, will be reviewed for
adequacy in reducing noise impacts to a less than significant level.
Subtask 2.2.9: Preliminary Hydrology and Hydraulics Analysis Peer Review. LSA will review the
Preliminary Hydrology and Hydraulics Analysis prepared for the proposed project by the Applicant's
consultant to determine whether it contains the necessary information related to storm water and flood
control for preparation of the Hydrology and Water Quality section of the Initial Study. LSA will also
review the Hydrology Study for consistency with the requirements of the Orange County Hydrology
Manual. Review of the Preliminary Hydrology and Hydraulics Analysis will be limited to those policies,
requirements, and topics relevant to the CEQA analysis and will not constitute an engineering-level
technical review.
Subtask 2.2.10: Preliminary Water Quality Management Plan Peer Review. LSA will review the
Preliminary Water Quality Management Plan (PWQMP) prepared for the proposed project by the
Applicant's consultant to determine if it contains the necessary information related to water quality for
preparation of the Hydrology and Water Quality section of the Initial Study. LSA will also review the
PWQMP for consistency with the requirements of the Model WQMP, Technical Guidance Document,
and Hydromodification Management Plan. LSA will review the appropriateness of the pollutants of
concern, downstream impairments, and Low Impact Development (LID), Site Design, Source Control, and
Hydromodification best management practices (BMPs) identified for the project site . Review of the
PWQMP will be limited to those policies, requirements, and topics relevant to the CEQA analysis and will
not constitute an engineering-level technical review.
Task 2.3: Native American Consultation Support under AB 52
Using the results of the Sacred Lands File Search, which is expected to be provided by the Applicant, LSA
can provide support to the City in the consultation effort required under AB 52. Tasks performed by LSA
may include any or all of the following: (1) drafting a letter to each identified tribe that includes a project
description, an invitation to consult on the project, and a request for cultural information pertaining to
the project site; (2) mailing the letters via certified mail; and (3) depending on whether a response has
been received, following up with up to two telephone and/or emails to ensure that the tribe has had the
opportunity to comment. All details of the consultation process, including records of written and verbal
communications, will be included in a letter report provided to the City.
Task 3.0: Preparation of the Initial Study
Preparation of the Initial Study will include two separate drafts, including a Screencheck/Draft Initial
Study and a Revised Screencheck/Draft Initial Study. A Public Review Draft could be applicable once the
appropriate CEQA document has been determined. The drafts of the Initial Study, which are outlined in
Tasks 3.1 and 3.2, will include the following:
• The Project Description as outlined in Task 1.0 and approved by the City
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• A description of surrounding land uses and the project setting, with an emphasis on environmental
resources that are unique to the City (e.g ., agriculture, viewsheds, historical sites and structures,
hillsides and ridgelines, and mature trees)
• A discussion of any inconsistencies between the proposed project and the General Plan and any
applicable regional plans
• An evaluation of potential cumulative environmental impacts, including a map of planned projects in
the vicinity of the proposed project
• A list of county, State, and federal agencies that have per_mitting authority over any aspect of the
proposed project, and the type of permit required by that agency
• A discussion of environmental impacts, including an analysis of those environmental criteria deemed
to have a "Potentially Significant Impact," "Less than Significant Impact," or "No Impact"
• Appendices containing technical documentation related to the Initial Study analysis
• A list of references to all pertinent materials or studies and reports that were relied upon for
preparation of the Initial Study
Task 3.1: Screencheck/Draft Initial Study
LSA will prepare a Screencheck/Draft Initial Study and will submit the document to the City for review .
The format will be based on City requirements and will also meet CEQA compliance procedures. The
Initial Study will incorporate the results of the TIA identified in Task 2.1 and the technical analyses
provided by the Applicant, which will have been peer reviewed by LSA. For the purposes of this scope
and budget, LSA will respond to one round of comments from the City . The Applicant will review the
Initial Study drafts at the City's discretion. All comments must be consolidated and non -conflicting (i.e .,
LSA must receive one set of non-conflicting, consolidated comments per round).
Task 3.2: Revised Screencheck/Draft Initial Study
LSA will respond to City comments on the Screencheck/Draft Initial Study and will complete the
necessary revisions in redline/strikeout format for ease in reviewing the changes to the Revised
Screencheck/Draft Initial Study from the previously submitted version of the document. At the time the
Revised Screencheck/Draft Initial Study is submitted to the City, LSA will make a recommendation as to
the appropriate level of CEQA documentation for the project. The City will make the final determination
of the documentation required . A new scope and budget approval will be required at the time the level
of CEQA review is determined. Please see Approaches 1 and 2 under the Additional Environmental
Documentation Required section below.
Task 4.0: Project Management and Attendance at Meetings
This task represents an active Project Management role to supervise the project schedule and budget
and to attend project meetings as necessary. The Project Management role provides a mechanism to
I
, LSA
13
•
G;rnahl Development Project • :·: ,.., ~: •/. . · ~·~ -1_,}~lfl ~
rhe C1tv of San Juan Capistrano I -'>. ~ •. -•. -~ -
-. • ....=-. ~ . --. _: •• i
ensure there is an adequate exchange of information during project initiation and preparation of the
Initial Study. This task includes notifying the City of problems as they are encountered and working
expeditiously to resolve them. To facilitate the dissemination of information, LSA's Project Manager and
Deputy Project Manager will maintain ongoing weekly verbal and email communication with City staff.
Attendance by the Project Manager and Principal-in-Charge is anticipated at the following project
meetings and are included in the proposed Initial Study budget:
• One orientation/kick-off meeting with City staff (approximately 1 hour)
• Up to five project status/update meetings, as necessary (1 hour each)
• If necessary, four public meeting/hearings (approximately 9 hours total)
Additional Environmental Documentation Required
Based on the findings resulting from th.e analysis in the Initial Study, LSA will recommend the
preparation of one environmental document to comply with CEQA : either an EIR or an MND . Once the
City makes a decision based on LSA's recommendation, only one of these documents will be prepared
and the scope and budget can be refined. These options are described in more detail in Approaches 1
and 2 below.
Approach 1: Environmental Impact Report
Upon completion of the Initial Study, if it is found that the proposed project would result in significant
unavoidable impacts, then an EIR would be prepared .
LSA would rely on the technical work conducted as a part of the Initial Study (Task 2.0) to prepare the
EIR. Preparat ion of an EIR would require the following tasks: Notice of Preparation and Scoping,
Screencheck EIR, Draft EIR, Final EIR, and Project Management/Attendance at Meetings.
Notice of Preparation and Scoping. After completion of the Initial Study, LSA will prepare a Notice of
Preparation (NOP) for the proposed project per Section 15082 of the State CEQA Guidelines. The NOP
will include a Project Description, the topics to be evaluated in the EIR, and the process for completing
the EIR. LSA will revise the NOP in response to the City's comments and will finalize the notice for public
review.
LSA will copy and distribute up to 20 hard copies and 50 electronic copies (on CD-ROMs) of the Initial
Study/NOP. LSA will distribute the Initial Study/NOP to the Office of Planning and Research (OPR),
responsible and trustee agencies, and interested parties identified on the City's mailing list. LSA will be
responsible for placing an ad in a local newspaper and posting the Initial Study/NOP on the City's
website.
LSA, in consultation with the City, will hold a public scoping meeting during the 30-day NOP public
review period. Although City staff will administer the scoping meeting, LSA staff will be available to
provide explanations of the CEQA process and answer questions related to the scope of the EIR.
LSA
14
•
. .-.iu--.. ...,.~
Ganahl Development Pro1ect ' .• • 11°' ~ 1 ''-~\.~'IS.I-
• ' '' I_. ' The City of San Juan Capistrano _ •• -.·--... • , . _ _::,_ _ ~ -·~ -----,,Jill
Screencheck EIR. LSA will prepare a Screencheck EIR for review by the City in accordance with the
requirements of CEQA and the State CEQA Guidelines. The document will contain all the applicable
environmental components required by CEQA, including Introduction, Background, Project Description/
Characteristics/Phasing, and Discretionary Approvals; Setting, Impacts (Project and Cumulative),
Mitigation, and Level of Significance; and mandatory CEQA topics (e.g., Growth Inducement,
Alternatives, Lists of References, Persons Consulted, and EIR Preparers). The Executive Summary impact
table and draft Mitigation Monitoring and Reporting Program (MMRP) will not be provided with the
Screencheck ElR, but will be submitted for review with the Draft EIR once the level of environmental
impacts is agreed upon and the mitigation measure language is close to being finalized. The EIR that is
submitted to the City will be in Screencheck form, reflecting LSA internal review and quality control.
Each topic in the Screencheck EIR will include a discussion of the existing setting, thresholds of
significance, project analysis, cumulative impacts, mitigation measures (if necessary), and level of
significance after mitigation. Each section will discuss the potential short-term environmental impacts
associated with project construction, the long-term effects associated with project operation, and the
cumulative impacts associated with implementation of the proposed project.
LSA proposes to analyze a maximum of three alternatives, which will include the No Project/No
Development Alternative as required by CEQA as well as two other alternatives developed during the
environmental analysis· process. The Alternatives section will also include a statement identifying the
environmentally superior alternative.
The Screencheck EIR will be submitted to the City without the Executive Summary or the MMRP. After
reviewing the Screencheck EIR, LSA will respond to comments and will prepare a second Screencheck
EIR. Additional budget may be necessary if the review exceeds two rounds or if LSA receives multiple
sets of comments.
Draft EIR. After receiving comments from the City on the second Screencheck EIR, LSA will make
necessary revisions to the document, including completing the Executive Summary impact table and the
Draft MMRP. LSA will provide two preprint versions of the Draft EIR to City staff for a limited final review
before printing the Draft EIR. The purpose of this review will be to review the entire document with all
appendices, technical reports, and the MMRP, and to verify that the City is satisfied with the Draft EIR.
Before completing the Draft EIR, LSA will work with the City to update the distribution list for the NOP
(as needed), compile the distribution list, and prepare a draft Notice of Completion (NOC) for City review
and signature and a draft public Notice of Availability (NOA) of the Draft EIR. LSA will be responsible for
coordinating noticing requirements, and the City will be responsible for publication of notices in news
publications and on the City's website. Reproduction and distribution of the NOC and Draft EIR to the
State Clearinghouse and Responsible Agencies and of the NOA to interested parties will be completed by
LSA. In order to reduce reproduction and distribution, copies of the Draft EIR and appendices will
primarily be provided on CD-ROM as PDF files. LSA will provide 5 hard copies and 10 electronic copies of
the Draft EIR to the City in addition to the 15 copies of the Draft EIR required to be sent to the State
Clearinghouse, which will be produced on CD-ROM as a PDF accompanied by 15 hard copies of the
' .. . LSA
15
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Ganahl DPvelopment Protect _, -_i ~~
rht' City of Sarr Juurr Cup1strarro . _ . " _ --
~ -. ~-.'!
Executive Summary. In addition, LSA will distribute one hard copy of the complete Draft EIR and
appendices to the local library for public review.
Final EIR. The Final EIR will consist of three volumes. The Draft EIR and technical appendices will
constitute Volumes I and ti, and the documentation described below will be included in Volume Ill. Staff
reports, resolutions, Findings, and the Statement of Overriding Considerations (SOC) (if necessary)
related to the proposed project and EIR will be prepared by the City. At the City's request, LSA can
provide a separate cost estimate for the preparation of the draft Findings and SOC.
Response to Comments. During the public review period, the LSA Team will prepare responses to
comments on the Draft EIR as received. LSA will work with the City and with technical report
consultants to determine responsibilities for preparing the responses. Comments will be grouped by
topic and subtopic . General responses will be prepared for significant repetitive comments. LSA's
objectives for the responses to comments are to (1) be aggressive in establishing the strategy and
determining responsibilities in order to maintain the schedule and minimize later revisions;
(2) prepare a document that is well organized and usable by all parties, including the public; and
(3) adequately respond to all comments. Although the focus of the response will be on those
comments that are truly subject to CEQA review, LSA will also endeavor to answer all questions in an
informative manner.
Providing a budget estimate for responding to comments on the Draft EIR is extremely difficult
because it is impossible to predict the volume and nature of the comments. The following estimate
is based on LSA's knowledge of the project and projections of the volume and nature of the
comments received. Significant new analysis is not included in this task at this time. LSA has
allocated 120 hours of professional staff time and 40 hours of word processing time to organize,
prepare, and compile the Response to Comments document. However, this estimate may need to
be revisited once comments are submitted and reviewed by the City and LSA, and their actual
number and nature are known.
Following finalization of the Response to Comments, LSA will provide the City with two copies of the
Response to Comments.
Mitigation Monitoring and Reporting Program (MMRP). Following City review of the Response to
Comments, LSA will provide the City with two copies of the Response to Comments document and
will distribute the document in PDF on CD-ROMs to any agency that submitted written comments on
the Draft EIR.
As part of the Final EIR, LSA will prepare a Final MMRP pursuant to CEQA Public Resources Code
(PRC) Section 21081.6 . The Final MMRP is intended to ensure compliance with mitigation measures
through project completion and during any monitoring that may be required after project
completion. The Final MMRP will contain an inventory of mitigation measures, timing for
implementation (e.g., before issuance of grading permits), the responsible staff or agency assigned
to monitor the condition, and a compliance/noncompliance statement. The approved Final MMRP
will be attached to resolutions for consideration by the Planning Commission and the City Council.
. LSA
16
Ganahl 0Pvelopment Pro1ect • ·. ·. :'),,.; .. ~ • . -"'""''·''"''..,.....~
Tilt• Cltv of 'ion Juan Cup1~trono . . ~. ·-~ ·-·-· -• · .
• .. ·-..., __ •J<-----·-----> .. ~
Project Management/Attendance at Meetings. Similar to all Project Management functions, this task is
required to maintain the project schedule, oversee the budget, and coordinate efforts with technical
authors . Weekly or biweekly Project Team conference calls are also recommended.
LSA staff will attend up to four public hearings during the City's consideration of the Final EIR. Following
the City's certification of the Screencheck EIR, LSA will prepare and file an NOD with the Orange County
Clerk and the State Clearinghouse. The City or the Project Applicant will provide a check for all necessary
filing fees to be submitted to the Orange County Clerk.
Approach 2: New Mitigated Negative Declaration
Upon completion of the Initial Study, the Lead Agency may choose to prepare a new MND provided all
environmental impacts can be reduced to a less than significant level with mitigation.
LSA will rely on the completed Initial Study and the technical analyses conducted as a part of the Initial
Study (Task 2.0) to prepare the MND. Preparation of a new MND would require the following tasks.
Screencheck Draft Initial Study/Mitigated Negative Declaration (IS/MND). Once the City has
determined that an MND may be prepared for the proposed project, l5A will prepare a comprehensive
Screencheck Draft IS/MND using the City's latest format consistent with CEQA. The Screencheck Draft
IS/MND will contain a detailed Project Description, a discussion of the project geographical setting, and
exhibits to enhance the analysis and clarify project impacts. The Screencheck Draft IS/MND will
incorporate the findings of the technical studies prepared for the Initial Study. The Screencheck Draft
IS/MND will use any existing environmental reports and information to the greatest extent practical to
minimize costs and scheduling delays.
LSA will provide up to two electronic (PDF and/or CD-ROM) copies of the Screencheck Draft IS/MND to
the City for review and comment. For the purposes of this scope and budget, LSA will respond to one
round of comments from the City.
LSA will prepare a Draft Notice of Intent (NOi) to adopt the IS/MND pursuant to Section 15072(a) of the
State CEQA Guidelines. LSA will also prepare a distribution list for review and comment by City staff.
Draft IS/MND. LSA will submit up to one electronic (PDF and/or CD-ROM) copy of the Draft 15/MND to
City staff for a limited review prior to printing. The purpose of submitting this preprint version will be to
review the changes to the document during the second round of comments, resolve any remaining
questions that arise from comments, and verify that the City is satisfied with the overall Draft IS/MND.
Once the Draft 15/MND and NOi are approved for public review, LSA will submit three printed and bound
copies and 10 electronic (PDF and/or CD-ROM) copies of the Draft IS/MND (including all technical
appendices) to the Project Team. LSA will also be responsible for distributing up to 20 copies of the Draft
IS/MND on CD-ROM for public review. The document will be distributed via an overnight delivery service
(with delivery confirmation) and/or United States Postal Service (USPS) Certified Mail. USPS Certified
Mail is only recommended for Post Office boxes.
LSA -,
17
•
Ganahl DPvelopment Pro1ect -.. • °'j-:~~
Thi' City of San Juan Capistrano _ . • . ~ , · · -· · -~ -. ~
_. .... .._J ... ·.·-t"
The City will be responsible for publication of the public notice in a general circulation newspaper. LSA
will file the NOi with the Orange County Clerk to begin the required 30-day public review period . To
ensure compliance with the State CEQA Guidelines, LSA will distribute 15 hard copies of the Draft
IS/MND and will file an NOC with the State Clearinghouse . The City or the Project Applicant will provide
a check for all necessary filing fees to be submitted to the Orange County Clerk.
Final IS/MND. Following completion of the Draft IS/MND, LSA will prepare an MMRP to implement the
mitigation measures required in the IS/MND for the proposed project. L5A will submit up to one
electronic (PDF and/or CD -ROM) copy of the draft MMRP for review by the City. For the purposes of the
scope and budget, one round of review is assumed. Following review of the MMRP, LSA will revise the
MMRP for its incorporation in the Final 15/MND (described below).
LSA will review the comment letters submitted on the Draft IS/MND as they are received during the
public review period. After reviewing the comments, but prior to preparing the responses, L5A will
discuss a strategy for the response document with the Project Team. Comments will be grouped by topic
and subtopic, and general responses will be prepared for significant repetitive comments. Specific/
individual responses will be prepared as needed.
Providing a budget estimate for responding to comments on the Draft 15/MND is challenging because
the volume and nature of the comments cannot be predicted. LSA has allocated 60 hours of professional
staff time plus 24 hours of word processing time to organize, prepare, and compile the Response to
Comments document. However, should additional time be required to respond to comments, a contract
amendment may be necessary . L5A will submit one draft electronic (PDF or CD-ROM) copy of the
Response to Comments document to the City for review . Following review of the Draft Response to
Comments, LSA will revise the document and submit a final printed copy of the Response to Comments
document to the City. Public availability of the Response to Comments document will be the
responsibility of the City.
LSA will prepare the Final IS/MND, including the Response to Comments, the MMRP, and supporting
documentation. LSA will submit one electronic copy (PDF and/or CD-ROM) of the preprint Final IS/MND
for review by City staff. For the purposes of this scope and budget, one round of City review is assumed.
Following the incorporation of City revisions into the Final 15/MND, LSA will submit up to two electronic
(PDF and/or CD-ROM) copies of the Final 15/MND to the City .
Project Management/Attendance at Meetings. Similar to all Project Management functions, this task is
required to maintain the project schedule, oversee the budget, and coordinate efforts with technical
authors. Weekly or biweekly Project Team conference calls are also recommended.
LSA staff will attend up to four public hearings during the City's consideration of the Final 15/MND.
Following the City's adoption of the 15/MND, LSA will prepare and file an NOD with the Orange County
Clerk and State Clearinghouse. The City or the Project Applicant will provide a check for all necessary
filing fees to be submitted to the Orange County Clerk.
. LSA
18
a Grinahl DevelopmPnt Pro1ec:t --:._·. ~-~·~~~
• Thf' Citv of San Juan Capi5trano . ----__ ~--~--·::i~·· ~ __ ::._.~1.:t-_...:--
1
~
PROJECT SCHEDULE
Based on LSA's understanding of the proposed project, Table A reflects the schedule for both the Initial
Study and additional environmental documentation that would subsequently be required. LSA will
aggressively endeavor to keep the project on track. LSA also commits to providing sufficient staff to be
available for assignment. The schedule reflects a best effort to complete the project in a timely manner,
while at the same time providing the time and attention necessary to ensure that the highest-quality
analysis and products are received.
Table A: Proposed Schedule
Task I Time Estimate
:'.'"ln itia1 stiidv -----·....-.--,........ -_ __..... .. -----
Task 1.0: Project Initiation and Project Description
Preparation of Project Description lweek
Task 2.0: Technical Analyses, Peer Reviews, and Related Support1
Task 2.1: Traffic Impact Analysis 6 weeks
Task 2.2: Technical Peer Reviews 2 weeks
Task 2.3: Native American Consultation Support under AB 52 4 weeks
Task 3.0: Preparation of the Initial Study
Task 3.1: Screencheck/Draft Initial Study 8 weeks 2
-City Review of Screencheck/Draft Initial Study 2 weeks
Task 3.2: Revised Screencheck/Draft Initial Study 2 weeks
-City Review of Revised Screencheck/Draft Initial Study 0.5 week
Decision Regarding Appropriate CEQA Documentation O.S week
Public Review Draft Initial Study DependentuponthelevelofCEQA
documentation, and would occur
simultaneously with appropriate
noticing requirements
Preparation of Response to Comments and Final Draft Initial Study To be completed as part of the
appropriate CEQA document
Total Initial Study Schedule 15 weeks
-~T. •11•111tr: IUIOI ~I , • 111111 .. 1·1 .. r; 11••• • 11111 · t• l1uu•• .l!.9.' 't 1r::t•••L..._' • 11111 •I ~ Approach 1: Environmental Impact Report (EIR) 10 months
Approach 2: Mitigated Negative Declaration (MND) 4-6 months
' Preparation of Technical Analyses, Technical Peer Reviews, and Related Support would occur concurrently with preparation of the Initial
Study.
2 Preparation of the Screencheck/Draft Initial Study would be completed 2 weeks after completion of the Traffic Impact Analysis and
Technical Peer Reviews.
AB 52 =Assembly Bill 52
CEQA =California Environmental Quality Act
_ --LSA
•: I ..-• • •
26
EXHIBIT B
•
Gan;ihl Development Prowct -.J:::~~
Thf' City of San Juan Capistrano . ~-· .'_l' ~.!i~~-· ; .• -.... ~ . 1
• ~ -' __ .. _ J_ ...._... ._.,._ -.. , .. .:.na.
BUDGET
LSA proposes to prepare the Initial Study (Tasks 1.0, 3.0, 4.0, and Reimbursable Expenses) for an
estimated fee of $35,230, as shown in Table B. The budget estimate for Technical Analyses, Peer
Reviews, and Related Support (Task 2.0) is $74,255, and along with Reimbursable Expenses of $350, the
resulting total estimated fee is $109,835. Appendix A provides the tabular breakdown of all costs by
position, hourly rate, task, and hours budgeted for each task, as well as an estimated budget for each
study described in Approaches 1 and 2 (i.e., an EIR or an MND).
Table B: LSA Fee Estimate
Task Fee Estimate
Task 1.0: Project Initiation and Project Description $3,290
Task 1.0: Project Initiation and Project Description Subtotal $3,290
Task 2.0: Technical Analyses, Peer Reviews, and Related Support -
Task 2.1: Traffic Impact Analysis $53,005
Task 2.2: Technical Peer Reviews
Subtask 2.2.1: Air Quality/Greenhouse Gas Emissions Report Peer Review $3,170
Subtask 2.2.2: Arborist Report Peer Review $2,120
Subtask 2.2.3: Biological Resources Report Peer Review $1,980
Subtask 2.2.4: Paleontological Resources Report Peer Review $1,670
Subtask 2.2.5: Cultural Resources Report Peer Review $1,S20
Subtask 2.2.6: Environmental Constraints Analysis Peer Review $1,280
Subtask 2.2.7: Geotechnical Report Peer Review $1,280
Subtask 2.2.8: Noise Impact Report Peer Review $3,040
Subtask 2.2.9: Preliminary Hydrology and Hydraulics Analysis Peer Review Sl.680
Subtask 2.2.10: Preliminary Water Quality Management Plan Peer Review $1 ,680
Task 2.3: Native American Consultation Support under AB 52 $1,830
Task 2.0: Technical Analyses, Peer Reviews, and Related Support Subtotal $74,255
Task 3.0: Preparation of the Initial Study -
Task 3.1: Screencheck/Draft Initial Study $15,760
Task 3.2: Revised Screencheck/Draft Initial Study SB.690
Task 3.0: Preparation of the Initial Study Subtotal $24,450
Task 4.0: Project Management and Attendance at Meetings $7,490
Task 4.0: Project Management Subtotal $7,490
Reimbursable Expenses $350
TOTAL $109,835
_ -~ . · · LSA
---. * ._ ·'--= . !':::... ••
27
•
Ganahl Development Pro1ect • ... -:·~ ~ ;·.-. .,.~ . ,. ,, ~... '
Thi' City of San Juan Cap1stran_o . -:~~·~.:._:._ ... ,''.7 ....:..~ · , . :..~ . -~~ -... ,~ .. ~
Table C shows fee estimates for the required additional environmental documentation that will be
determined following preparation of the Initial Study. As such, the fee estimates in Table Care intended
to provide the City with an indication of the fees for these levels of environmental documentation.
Therefore, fee estimates in Table C will be re -evaluated at the completion of tasks associated with
preparation of the Initial Study.
I
Table C: Additional Environmental Documentation
Fee Estimate
. -. · · LSA
fl';:__"°'.:-::.. --~· ~-. .
28
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
LSA ASSOCIATES, INC.
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as
of this day of September, 2019, by and between the City of San Juan Capistrano, a
municipal organization organized under the laws of the State of California with its principal place of
business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and LSA
Associates, Inc., a California Corporation with its principal place of business at 20 Executive Park,
Suite 200, Irvine, CA 92614 ("Consultant). City and Consultant are sometimes individually referred
to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Con ultant. The City and Consultant have entered into an agreement entitled
"Professional Services Agreement" dated November 5, 2018 ("Agreement") for the purpose of
retaining the services of Consultant to provide preparation of environmental document for Ganahl
Lumber project (AC 18-021 ).
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
revise the scope of service and increase the not-to-exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of
the Agreement.
3. Terms.
3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as
follows~
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibits "A," "C," and "D."
Page I of3
ATTACHMENT 2
3.2 Amendment to Section 2. Compensation . Section 2 of the Agreement are hereby
amended to read as follows :
2. Compen ation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibits "B," "C,"
and "D."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $285,335. This amount is to
cover all printing and related costs, and the City will not pay any
additional fees for printing expenses. Periodic payments shall be made
within 30 days of receipt of an invoice which includes a detailed
description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis.
3.3 Incorporation of Exhibit "C" and "D." Scope and Budget for Updated Traffic Impact
Analy i and Draft EIR updates . The Additional Scope and Budget Letters attached hereto are
hereby incorporated into the Agreement as Exhibits "C" and "D."
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.6 Severabiltiy. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Page 2 of3
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND LSA ASSOCIATES, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
LSA ASSOCIATES, INC.
Signature
Name
Title
Date
Page 3 of3
LSA
February 26, 2019
Sergio Klotz
City of San Juan Capistrano
34200 Paseo Adelanto
San Juan Capistrano, CA 92675
EXHIBIT C
Subject: Contract Amendment Request for the Ganahl Lumber Yard Project
Dear Mr. Klotz:
CARLSBAD
FRESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
As you know, LSA is under contract with the City of San Juan Capistrano (City) to prepare the
environmental document required for compliance with the California Environmental Quality Act for
the Gana hi Lumber Yard project, including preparation of a Traffic Impact Analysis (TIA).
Based on the preliminary traffic analysis conducted to date and discussion with City staff on
February 25, 2019, additional tasks have been recommended in support of the project and the TIA.
A description of each task is described below.
Traffic Impact Analysis -Additional Tasks
• New Orange County Transportation Analysis Model (OCT AM) Select Zone Assignment-LSA
will utilize the OCT AM to produce a select zone assignment for the existing Gana hi Lumber Yard
(34162 Doheny Park Road, Capistrano Beach) located approximately 0. 7 miles from the project
site. The purpose of the select zone assignment is to identify the trip distribution characteristics
of the existing Ganahl Lumber Yard. LSA will discuss the results of the select zone assignment
with City staff to determine the appropriate trip reductions at the project study area
intersections and roadways (including Del Obispo Street/Stonehill Drive and Stonehill Drive
between Del Obispo Street and Camino Capistrano).
• Volume Adjustments -The current OCT AM select zone assignment for the project indicates a
67 /33 east/west split at the project driveway along Stonehill Drive. In coordination with City
staff, LSA will update the east/west trip distribution percentages to more accurately reflect the
existing customer travel patterns. Any project trip distribution revisions will be applied in
conjunction with any trip reductions for the existing Gana hi Lumber.
• Additional Level of Service (LOS) Analyses -Per Administrative Policy 310 and the approved
scope of work for this project, the City requires that four scenarios are evaluated in the TIA
(i.e., Existing, Existing Plus Project, Existing Plus Project Plus Cumulative Projects, and Buildout
[including the project]). Because one study area intersection (Del Obispo Street/Stonehill Drive)
is within the jurisdiction of the City of Dana Point, two additional LOS analyses are required to
determine whether a impact occurs at this location based on the City of Dana Point's
significance criteria (i.e., Existing Plus Cumulative Projects [No Project] and Buildout [No
Project]).
20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net
LSA is a business name of LSA Associates, Inc
LSA
• Revisions to LOS Analyses and TIA -Based on the tasks described above, LSA will update all
associated LOS analyses and incorporate the results and findings in the TIA.
Budget Amendment
LSA respectfully requests a budget augment of $4,000 to cover the add itional tasks described above.
The current budget for LSA's services in support of the project is $221,835, which includes $53,005
for the TIA. The requested budget augment will bring the total contract amount to $225,835 with a
revised TIA budget of $57,005.
Thank you in advance for your consideration of this contract amendment. If you have any questions,
please contact me at (949) 553-0666.
Please indicate your agreement to the terms included in this augment request by signing below and
returning this contract. As always, we appreciate the opportunity to be of service to you.
Sincerely,
LSA Associates, Inc.
y~
Ashley Davis
Principal
THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED.
CONSULTANT: CLIENT:
LSA Associates, Inc. City of San Juan Capistrano
Ashley Davis Authorized Signature
Principal
Title Title
Date Date
B/l9/19 (C:\Users\o rautorkw \AppOata\Locol\Mlc1oroft\WlM01v•\li'letCothe\Conrenr.Outlook\)(YQVOU1iL\traffic omendment.doe><) 2
LSA EXHIBIT D
July 17, 2019
Sergio Klotz, Development Services Assistant Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
CARLSBAD
FRESNO
IRV INE
LOS ANGEL ES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
Subject: Contract Amendment Request for the Gana hi Lumber Project in San Juan Capistrano, California
Dear Mr. Klotz:
LSA is pleased to continue our work with the City of San Juan Capistrano (City) on the Gana hi Lumber Project
(project). As you are aware, LSA is currently under contract to prepare the Initial Study (IS), Environmental
Impact Report (EIR), and associated technical studies for the proposed project. According to information
received from City staff on July 8 and 9, 2019, the maximum building area of the proposed fast-food
restaurant is increasing from 5,000 square feet (sf) to 6,000 sf. As a result, the project now consists of a
151,074 sf Gana hi Lumber hardware store and lumber yard (total of 167,385 sf, including the exterior
overhang areas), a 399-space vehicle storage facility, and 6,000 sf of fast-food restaurant use. Additionally,
Ganahl Lumber Company (Project Applicant) has requested a project-level analysis of three development
alternatives in the Draft EIR and technical studies . The three development alternatives would evaluate the
Ganahl Lumber hardware store and lumber yard, the vehicle storage as proposed, and three options for the
proposed fast-food restaurant use (i.e., 0 sf, 2,000 sf, and 4,000 sf).
This letter requests a contract amendment for LSA's assistance with out-of-scope services related to project
changes that will require expanded analysis of the Draft EIR, completion of an expanded Traffic Impact
Analysis (TIA), and additional project management tasks . We have outlined the reasons for this request
below and have included a table indicating where the additional funds would be allocated .
SCOPE OF WORK
Task 1: Draft EIR Updates
Subtask 1.1: Screencheck Draft EIR Update
LSA has initiated preparation of the Project Description and has completed several non-technical sections of
the Screencheck Draft EIR. Due to changes to the project, LSA will revise the Screencheck Draft EIR to be
consistent with the maximum building area of 6,000 sf for the proposed fast-food restaurant uses. LSA will
also revise the Screencheck Draft EIR to explain why the Initial Study/Notice of Preparation (IS/NOP) was not
recirculated despite the changes to the project.
Subtask 1.2: Project-Level Alternatives Analysis
LSA's approved Scope of Work includes the analysis of three project alternatives in the Draft EIR: the No
Project Alternative and two other alternatives to be developed through the environmental analysis process.
The No Project Alternative would still be analyzed at a qualitative level in the Alternatives section. However,
based on direction from the project applicant, three additional project alternatives would be analyzed at a
project-level in the Draft EIR.
Under Subtask 1.2, LSA will provide a project-level analysis of three development alternatives in the Draft EIR .
The three development alternatives would evaluate 0 sf, 2,000 sf, and 4,000 sf of proposed fast-food
restaurant use . The three development alternatives would be analyzed at a more detailed project level in
20 Executive Park, Suite 200, Irvine, California 92614 949.553 .0666 www.lsa.net
LSA
each environmental topic section, and would include a quantitative analysis as applicable for the proposed
project. The project-level alternatives discussion would enable the City to adopt one of the alternatives as the
preferred project, if desired, and would provide the substantial evidence required to make California
Environmental Quality Act (CEQA) findings.
The scope and budget for the Traffic Study Project-Level Alternative Analysis is included in Task 2 below.
Please note that a project-level alternatives analysis would be also required for the air quality, greenhouse
gas (GHG) emissions, energy calculations, and noise studies currently being prepared by ECORP. In addition,
addendums summarizing whether the proposed alternatives would change any conclusions would be
required for the Biological Technical Report (ECO RP, January 2019), the Aquatic Resources Delineation Report
(ECORP, February 2019), and the Preliminary Hydrology and Hydraulic Analysis (Joseph C. Truxaw &
Associates, Inc., May 2018) in order to substantiate the alternatives analysis.
Task 2: Traffic Impact Analysis
Due to changes to the project, LSA will revise the TIA to be consistent with the maximum building area of
6,000 sf for the proposed fast-food restaurant use. In addition, the revised TIA will include a maximum of
three project-level alternative analyses evaluating 0 sf, 2,000 sf, and 4,000 sf of proposed fast-food
restaurant use, along with the Ganahl Lumber hardware store and lumber yard, and vehicle storage as
proposed. Revision of the TIA would include all associated "plus project" volumes, level of service (LOS)
analyses, tables, graphics, and appendices for the project-level and alternative analyses. The new TIA will
take approximately 5 weeks from the Notice to Proceed to complete.
Task 3: Project Management
This task represents an active Project Management role, which includes attendance at various project
meetings and coordination with agencies and interested parties. The Project Management role provides a
mechanism to ensure there is an adequate exchange of information and coordination during preparation of
the IS/NOP and Draft EIR. Due to the time that has elapsed since the initiation of work on the proposed
project, and because several additional meetings have been required to address traffic and project
description issues, we estimate that additional Project Management budget is required to see the project
through completion.
BUDGET
LSA respectfully requests a budget amendment in the amount of $59,500 to cover the out-of-scope items and
the additional tasks as described above. Table A provides the cost breakdown by task. Following approval of
this budget amendment, the total contract value would be $281,335.
Table A: Fee Estimate By Task
Task Budget
Task 1: Draft EIR Updates -·
Subtask 1.1: Screencheck Draft EIR Update $6,000
Subtask 1.2: Project-Level Alternatives Analysis $18,000
Task 2: TIA $28,000
Task 3: Project Management $7,500
Total $59,500
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LSA
LSA welcomes the opportunity to discuss the details of this request for a contract amendment. If you have
any questions, please contact me at (949) 553-0666.
Thank you in advance for your consideration of this contract amendment. LSA looks forward to continuing
work on the Ganahl Lumber Project.
Sincerely,
LSA Associates, Inc.
~~
Principal
THE BELOW STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED (LSA Contract Amendment in the
amount of $59,500 to JCA1803 for the Ganahl Lumber Project)
CONSULTANT: CLIENT:
LSA Associates, Inc.
Company Company
Authorized Signature Authorized Signature
Name Name
Title Title
Date Date
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