19-0903_PLACEWORKS_E6_Agenda ReportTO :
FROM:
SUBMITTED BY:
PREPARED BY:
DATE:
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~njamin Siegel, City Manager
Joel Rojas, Development Services Director }v-
Paul Garcia, AICP, Associate Planner ~"
September 3, 2019
9/3/2019
E6
Professional Services Agreement with Placeworks for the
Preparation of an Environmental Impact Report for the Proposed
"Creekside Specific Plan Residential Development Project" Located
at 30700 Rancho Viejo Road (Property Owner: SA Cosman &
Damian LLC)(Applicant: Integral Partners Funding, LLC)
RECOMMENDATION :
Approve and authorize the City Manager to execute a Professional Services Agreement
with Placeworks for the preparation of an Environmental Impact Report, pursuant to the
California Environmental Quality Act (CEQA), at a cost not-to-exceed $244,437, to be
funded by the applicant.
EXECUTIVE SUMMARY:
In February 2019, the City Council initiated a General Plan Amendment study of a request
by Integral Partners Funding, LLC (Applicant) to amend the land use designation of 30700
Rancho Viejo Road (the former Endevco site) to potentially allow residential and
commercial development on the project site (Attachment 1 ). In June 2019, formal
applications were submitted by the Applicant for a proposed "Creekside" residential
project on the site involving 188 residential units with no commercial development. Staff
reviewed the submitted applications and confirmed that the preparation of an
Environmental Impact Report (EIR) would be necessary to analyze the environmental
impacts of the proposed project, pursuant to CEQA. Staff solicited and received a
proposal from Placeworks for preparation of the necessary EIR. Staff has reviewed the
proposal and believes it contains a complete and thorough scope of work. As a result,
staff is recommending that the City Council approve and authorize the City Manager to
execute a Professional Services Agreement (PSA) with Placeworks for preparation of an
EIR for the Creekside Specific Plan Residential Project (Attachment 2).
City Council Agenda Report
September 3, 2019
Page 2 of 3
DISCUSSION/ANALYSIS:
On February 5, 2019, the City Council adopted Resolution 19-02-05-02, which initiated a
General Plan Amendment study to change the land use designation from Industrial Park
to Planned Community to potentially allow the development of up to 188 residential units
and 35,000 sq. ft. of office/retail on a 15.3-acre property located at 30700 Rancho Viejo
Road. The property contains a vacant building formally used by the Endevco Corporation.
On June 26, 2019, the Applicant formally submitted application materials and plans for
the development of the Creekside Project. The Applicant proposes to subdivide the 15.3-
acre site to accommodate 114 detached single-family homes and 7 4 attached town homes
for a total of 188 residential dwelling units. The project no longer proposes a commercial
component , and the Applicant is now seeking a Specific Plan/Precise (SP/PP) Plan
General Plan land use designation as opposed to Planned Community (PC). The SP/PP
land use designation would allow the creation of a Specific Plan for the project site, which
affords the Applicant more flexibility in establishing development standards for the
proposed residential project.
The proposed project requires entitlement applications that include a General Plan
Amendment, Zone Change, Tentative Tract Map, Architectural Control, Grading Plan
Modification, and Tree Removal Permit.
Environmental Consultant-Environmental Impact Report
The Applicant expressed a desire for the City to use Placeworks as the environmental
consultant to prepare the necessary project EIR. Since Placeworks is on the City Council
approved Master Consultants List and is a qualified firm with experience preparing CEQA
documents for projects in the city, only Placeworks was requested to submit a proposal
for preparation of the Creekside project EIR. Placeworks submitted a proposal which
identified a scope of work that involves the preparation of multiple technical reports,
including a Traffic Impact Analysis, for the proposed project. Staff has reviewed the
proposal and believes the proposal is thorough and complete. Based on the submitted
proposal, along with Placeworks' qualifications and experience, staff is recommending
that the City Council approve and authorize the City Manager to execute a PSA with
Placeworks for preparation of the proposed project's EIR, at a cost not-to-exceed
$244,437. The project Applicant supports staff's recommendation.
Upon execution of the PSA, Placeworks would commence preparation of an EIR, which
is expected to be completed in approximately 8-10 months. Once the EIR document is
completed it would be presented, along with the proposed project applications, to the
Planning Commission for review. The Planning Commission's recommendation on the
proposed project would ultimately be presented to the City Council for a final decision.
City Council Agenda Report
September 3, 2019
Page 3 of 3
FISCAL IMPACT:
Preparation of the EIR for the proposed project, including all technical studies, would be
solely funded by the project Applicant. Should the City Council approve the proposed
PSA with Placeworks, the Applicant would be required to deposit the entire contract
amount prior to the City issuing a Notice to Proceed to the consultant.
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. Approving the PSA with
Placeworks to prepare the EIR would not be an activity with potential to cause significant
effect on the environment, and therefore is exempt from CEQA.
PRIOR CITY COUNCIL REVIEW:
• On February 5, 2019, the City Council adopted Resolution 19-02-05-02, which
initiated a General Plan Amendment study to change the land use designation from
Industrial Park to Planned Community to potentially allow the development of up
to 188 residential units and 35,000 sq. ft . of office/retail on a 15.3-acre property
addressed as 30700 Rancho Viejo Road. ·
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
Not applicable.
NOTIFICATION :
Interested Parties Notification List
Integral Partners Funding, LLC
Placeworks
ATTACHMENT(S}:
Attachment 1 -Project Vicinity Map
Attachment 2 -Professional Services Agreement with Placeworks
Project Vicinity Map
ATTACHMENT 1
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of , 2019 by and between
the City of San Juan Capistrano, a public agency 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 Placeworks, a California Corporation with its principal place
of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 (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 an environmental document for the Creekside Specific Plan Residential
Development Project (GPA 18-004) (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 $244,437. 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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61147 .00310\32288720.1 ATTACHMENT 2
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 within the term of this
Agreement and shall commence performance upon receipt of written notice from the City to
proceed ("Notice to Proceed "). 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. Compl iance 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 and 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 Contractor
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 Agreement
(8) 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 10 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. Au tom obil e Li ab ility
(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 . Worke rs' C om pen sati o n/Em ploye r's Liabilit y
(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 Liabili ty (E rrors and Omission s)
At all times during the performance of the work under this Agreement the Consultant shall
ma intain 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 Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Single Lim it
$1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 combined single limit
$1 ,000,000 per accident or disease
$1,000,000 per claim and aggregate (errors and
omissions)
(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 Consultant'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 provide a 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 AM . 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. Additional Insurance 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. Subconsultant Insurance 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 . Californi a La bo r Co de Require m ents .
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. 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. Verification of Employment Eligibility.
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.
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 .
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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 Documents. 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 William Halligan, Esq. as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
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:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Paul Garcia, Associate Planner
61147.00310\32288720.I
9
CONSUL TANT:
Placeworks
3 MacArthur Place, Suite, 1100
Santa Ana, CA 92707
Attn: William Halligan, Esq.
and shall be effective upon receipt thereof.
22. Th ird Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23 . Equal Opportunity Employment.
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. Ent ire Agreement
This Agreement , with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, arid 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 . Severabil ity
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
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
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 . City 's Right to Employ Other Consultants
10
61147.00310\32288720 .I
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.
[SIGNATURES ON FOLLOWING PAGE]
11
61147.00310\32288720 .1
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND PLACEWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By :
Benjamin Siegel
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
61147 .00310132288720.I
PLACEWORKS
By:
Its: Sec:...v ~ f q ./' .'( t.
Printed Name: Wi /I I 'i--.. H q, // J q '1
12
August 23, 2019
Joel Rojas, Director of Development Services
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
EXHIBIT A
~ PLAc;EWORK
Subject: Proposal to Provide Environmental Impact Report and Technical Services for Creekside Specific Plan
Residential Development Project in San Juan Capistrano (P2019-0223S)
Director Rojas:
Thank you for the opportunity to propose our environmental and technical services for Creekside Specific Plan Project
(proposed project) in the City of San Juan Capistrano. We understand your objective for defensible environmental
documentation and your desire to move forward with the proposed project in a timely and thorough manner. We will
ensure that all documentation complies with the applicable provisions of state law (i.e., CEQA, tribal
consultation/coordination under Assembly Bill 52) and the City's requirements ,for implementation of CEQA.
It is our understanding that the City Council has initiated a General Plan amendment study to allow a residential
development project on a 15-acre property at 30700 Rancho Viejo Road (Assessor's Parcel Number 650-111-15) and
determined that an environmental impact report (EIR) would be the appropriate environmental documentation for
the proposed project. Based on our review of information and our understanding of CEQA, we agree that the proposed
project should be processed with an EIR. It is our understanding that no technical reports have been prepared for the
proposed project.
We believe that PlaceWorks' team has the experience and expertise to successfully prepare and process the
documentation for CEQA clearance for the proposed project. Key staff and resources are proposed: William Halligan,
Esq ., Principal, will serve as principal-in-charge and be responsible for overall legal defensibility and quality control of
the environmental and technical documents. Bill will be assisted by Elizabeth Kim, Senior Associate, with the day-to-
day project management of the project team and overall preparation of the EIR. Elizabeth has over 17 years of
experience in preparing and managing various CEQA documentation. The project team will be supported by our in-
house technical experts, design and graphics team, and technical editing and clerical staff.
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. As Principal, Environmental Services,
I am authorized to bind PlaceWorks and the project team to the contents of this proposal.
We look forward to working with you to bring about the successful completion of this project. If you have any
questions regarding the contents of this proposal, please feel free to contact the undersigned.
Respectfully submitted,
'1 I . Pl.ACEWORKS ~
/i/~ ai.--
William Halligan, Esq .
Managing Principal, Environmental Services
(@ PLACEW KS
Understanding of the Project
PROJECT LOCATION
The proposed project would be developed on a 15.3-acre site in the City of San Juan Capistrano that currently is
developed with a one-level industrial building, previously used for manufacturing by the Endevco Corporation. The
building is at 30700 Rancho Viejo Road, at the southeast corner of Rancho Viejo Road and Malaspina Road. The project
site is currently accessed via two driveways from Rancho Viejo Road and a driveway from Malaspina Road.
EXISTING USE
The project site is developed with 123,000 square feet of vacant building and associated surface parking lot,
driveways, and walkways. The building has been vacant since 2013, and has been an ongoing source of code
enforcement issues related to graffiti, poorly maintained vegetation, illegal dumping, and unauthorized entry.
SURROUNDING USES
The project site is surrounded by general open space to the north and northeast; industrial park to the north; single-
family detached residential to the east and southeast with a medium density (LU 2.3 MD) and medium low density
(LU 2.2 MLD); and office/industrial use to the south (i.e., Fluidmaster Inc.). The east medium density and the southeast
medium low density residential areas are zoned PC (CDP86-4) with a density of 3.6 to 5.0 units per acre and 2.1to3.5
units per acre, respectively. Beyond the medium density and medium low density residential uses is a golf course use
designated as open space recreation. Interstate 5 is south of Rancho Viejo Road. Beyond open space area to the north
and northeast is Malaspina Estates, a very low density residential (LU 2.0 VLD) area with a maximum density of 0.4
unit per acre and minimum lot area of 2.5 acres.
PROJECT DESCRIPTION
The Applicant for the proposed project, Integral Communities, is proposing to demolish the existing 123,000-square-
foot building and redevelop the 15.3-acre project site with up to 188 residential units.
The proposed project would construct 63 detached units on cottage lots (2,072 square feet), 51 detached units on
traditional lots (2,460 square feet), and 74 attached town homes (13 buildings), for a total of 188 units.
Detached residential units would be placed on approximately 8.85 acres along Rancho Viejo Road with a density of
12.88 units per acre, and town homes would be placed near the eastern edge of the site near the rear slope on 3.95
acres with a density of 18.7 units per acre. We understand that the density of different housing types may change
upon further development of the project.
The proposed project would require the following discretionary actions from the City Council:
» General Plan Amendment to change the General Plan land use designation from Industrial Park to Specific
Plan/Precise Plan.
>> Zone Change from Industrial Park to Specific Plan that allows the Applicant to create a land use plan for the project
site.
» Architectural Control for construction of the proposed project.
» Tentative Map approval for all subdivision creating five or more lots.
>> Grading Plan Modification to change ground elevation for primary structures of two feet or greater from what was
previously approved.
August 23, 2019 I Page 2
L CEWOR S
» Tree Removal Permit is required to remove trees with trunk diameters greater than six inches measured three
feet above grade .
Scope of Work
The following scope of work has been prepared in accordance with the City's expectation and our understanding of
the proposed project pursuant to CEQA. Our scope of work assumes that PlaceWorks will provide comprehensive
environmental services and all the procedural steps needed for CEQA, including the initial study, technical studies
needed to support the EIR, noticing requirements, responses to comments, statement of overriding considerations (if
needed), and findings . The EIR will address all potential impacts and provide mitigation measures if necessary and
where feasible . ·
TASK 1. PROJECT INITIATION AND KICK-OFF
Under this task, PlaceWorks' PM and the PIC will participate in a project initiation/kick-off meeting with City staff, the
Applicant, and the project team to discuss the proposed project and the project objectives; identify any data needs
and gaps; and confirm the project approach, scope, and schedule . For the meeting, we will initiate a discussion of the
project's potential issues and opportunities as observed by City staff. Based on the discussion, PlaceWorks will prepare
a comprehensive project description that includes all information required to define the project for CEQA and will
circulate the description for input.
Deliverable(s):
• Project Description
• Kick-off meeting attendance
TASK 2. TECHNICAL REPORTS
It is expected that the Applicant will provide the following technical reports for review and incorporation into the EIR .
We also assume that the Applicant's engineers, architects, and/or construction manager will provide the following
data to accurately define project description so that we can adequately evaluate impacts associated with the proposed
project.
» Conceptual Site Plan, Landscape Plan, Grading Plan, and Building Elevations/Sections/Renderings
» Existing conditions plans
» Construction related data (e.g., overall schedule, phasing schedule, construction equipment mix list per each
construction phase, soils haul volume, etc.)
» Hydrology and Water Quality Tech Memo
» Water and Sewer Capacity Tech Memo
It is our understanding that although a geotechnical report has not been prepared, LGC Geotechnical is working with
the Applicant to prepare a report. We assume that this report will be available for review by PlaceWorks, and a
separate scope of work was not included in this proposal. Place Works will review the geotechnical report prepared
by LGC for adequacy and coordinate with the City and/or LGC for supplemental information or clarification for
purposes of CEQA applicability.
PlaceWorks and its subconsultants will prepare the following technical analyses/studies (Tasks 2.1 through 2.8) in
support of the EIR.
» Air Quality and Greenhouse Gas Impact Analysis (Place Works)
August 23, 2019 I Page 3
(@ PLACE 0 KS
» Biological Constraints Survey (Cadre Environmental)
» Specimen Tree Report (Dudek)
» Cultural Resources Records Search (Cogstone)
» Phase I Environmental Assessment (PlaceWorks)
» Noise Impact Analysis (PlaceWorks)
» Traffic Impact Analysis (Urban Crossroads)
Task 2.1 Visual-Aesthetic Simulation Analysis (Placeworks)
PlaceWorks' in-house graphic designer will create up to five visual simulations to adequately evaluate the potential
aesthetic and visual character impacts of the proposed project on the surrounding community. The five vantage points
will be selected in coordination with City staff and based on public input.
A digital mass model of the site will be created based on building elevations of the proposed development. The
information from the digital mass model will be superimposed onto photographs of the existing site to accurately
portray the proposed buildings and the change in visual character of the site. The simulations will be presented as
"before and after" graphics . To complete this task, it is assumed that the project applicant will provide CAD files of
the site plan from the architect and GIS data from the City. Once completed, the visual simulations will be provided
as graphics in the Aesthetics section of the Initial Study and/or EIR.
Deliverable(s):
• Visual simulations, to be included as exhibits in the Initial Study and/or EIR
Task 2.2 Air Quality and Greenhouse Gas Emissions Analysis (PlaceWorks)
PlaceWorks will prepare a technical analysis to evaluate potential air quality and GHG emissions impacts associated
with the proposed project. Impacts will be based on the current methodology of the South Coast Air Quality
Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB). Modeling will be conducted
using the California Emissions Estimator Model (CalEEMod) and will be included as an appendix to the DEIR.
» Construction Phase: PlaceWorks will estimate construction emissions from demolition of the former Endevco
Corporation building and development of the proposed land uses. The construction-phase regional emissions
inventory will be based on the construction schedule, including duration for each construction subphase,
anticipated equipment for each subphase, and estimated soil haul volumes (if applicable) and demolition debris
amount, as provided by the Applicant. For purposes of this scope, it is assumed the proposed project would be
developed in one general phase. Project-related construction emissions will be compared to the SCAQMD
regional significance construction thresholds. Localized air pollution impacts from onsite construction equipment
exhaust and fugitive dust will also be compared to SCAQMD's screening-level localized significance thresholds
(LST) for their potential to elevate concentrations of air pollutants at the adjacent land uses surrounding the
project site. If necessary, mitigation measures will be identified to reduce any potentially significant regional
and/or localized air quality impacts. A construction health risk assessment is not proposed. It is assumed that
construction-related risk can be described qualitatively based on the LST analysis.
» Operational Phase The proposed project would generate emissions from project-related transportation sources,
area sources (e.g., landscaping fuel, architectural coatings, consumer products), energy sources (e.g., natural gas,
electricity), water and wastewater use, and waste generation. Place Works will quantify the long-term criteria air
pollutant and GHG emissions for the proposed project at full buildout. Emissions will be based on the land use
types proposed. In addition, the analysis will utilize the vehicle trip generation data for the proposed land uses,
as provided by Urban Crossroads. Total emissions from construction activities will be amortized into the GHG
emissions inventory. The project-related criteria air pollutant emissions will be compared to the SCAQMD's
significance thresholds .
August 23, 2019 I Page 4
~PLACEWO S
» Other Areas of Impact: The SoCAB is currently designated nonattainment under the National and/or California
ambient air quality standards (AAQS) for ozone (03), fine inhalable particulate matter (PM2 sl, coarse inhalable
particulate matter (PM 10 ), nitrogen dioxide (N02), and lead. The SCAQMD has adopted the 2016 Air Quality
Management Plan (AQMP) to ensure the SoCAB can attain the long-term National and California AAQS. The air
quality analysis will include a consistency evaluation of the project's regional emissions to SCAQMD's AQMP.
Furthermore, the SoCAB has been designated in attainment for carbon monoxide (CO) under both the California
and National AAQS . PlaceWorks will include a qualitative assessment of CO hotspots and potential odor
generation.
» Project Consistency with Plans Adopted to Reduce GHG Emissions: The GHG section will discuss the GHG reduction
goals of Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), and SB 375. To achieve the GHG reduction targets of AB
32 and SB 32 the California Air Resources Board (CARB) prepared the 2017 Scoping Plan update. In addition, the
Southern California Association of Governments (SCAG) has adopted a regional transportation plan/sustainable
communities strategy (2016-2040 RTP/SCS) to ensure that the southern California region can attain the regional
transportation-related GHG reduction goals of SB 375. Project consistency with these statewide and regional GHG
emissions reduction plans and program will be reviewed .
Deliverable(s):
• Air Quality and GHG Analysis and Modeling to be included as an appendix to the EIR
Task 2.3 Biological Resources Constraints Survey (Cadre Environmental)
PlaceWorks will retain Cadre Environmental as a subconsultant to prepare a biological resources constraints survey
for the proposed project. The following tasks will be conducted in a collective effort to characterize existing biological
resource conditions, determine the presence/absence of sensitive natural resources, and develop documentation in
support of an EIR.
A review of the current California Department of Fish and Wildlife Natural Diversity Database, California Native Plant
Society's Electronic Inventory of Rare and Endangered Vascular Plants of California, and United States Fish and Wildlife
Service sensitive species and critical habitat databases will be conducted prior to initiating field investigations in order
to identify any potential threatened or endangered species and/or critical habitats known to exist within and/or
adjacent to the project area.
The site assessment will include a delineation of all general vegetation communities present within the project site,
and the findings will be incorporated into a Geographic Information System for use during further environmental
compliance/engineering analyses (State Plane NAD83, Zone 11 -feet), if warranted. The vegetation communities
would be mapped based on the 2013 Vegetation Classification System developed for the Orange County Central and
Coastal Subregions NCCP/HCP habitat reserve system. Cadre Environmental will conduct a field reconnaissance and
general biological survey of the entire project site to identify changes in the onsite habitats that may represent
potential habitat for any threatened, endangered, or otherwise sensitive species or habitats, including, but not limited
to:
» Special status sensitive plants
» Coastal California gnatcatcher
» Least Bell's vireo
If it is determined during the field survey that any focused survey is necessary, the City will be notified and a separate
and scope and cost will be provided. In addition to conducting a biological resources habitat assessment, an analysis ·
will be conducted to identify any areas within or adjacent to the project site that may fall under the jurisdiction of the
US Army Corps of Engineers, California Fish and Wildlife, or the Regional Water Quality Control Board (regulatory
resources). Although this will not include a formal delineation, it will characterize the potential constraints associated
with "waters of the United States" and "waters of the state" throughout and adjacent to the property, if present.
August 23, 2019 I Page 5
LACEWOR S
Deliverable(s):
• Biological Resources Constraints Report
Task 2.4 Specimen Tree Report (Dudek)
It is our understanding that the proposed project would require removal or relocation of all trees on the property,
and the City requires Tree Removal Permit to remove trees with trunk diameters greater than si x inches measured
three feet above grade. It appears from the aerial photograph that there may be as many as 100 trees on the project
site . Therefore, a specimen tree report will be prepared by Dudek .
» Field Tree Inventory and Data Processing: Individual tree location mapping will be conducted using a Trimble
Pathfinder Pro XH Global Positioning System (GPS) receiver with H-Star Technology. The Pro XH receiver provides
resource-grade accuracy that will be suitable for impact analysis. Since tree canopies can cause loss of satellite
lock if they block the line of sight to satellites, Dudek will use a digital compass and reflectorless electronic
distance measuring (EDM) device to offset any positions obscured by tree canopy cover . The EDM device has a
horizontal accuracy range of 0 .1 to 0.5 feet, and the digital compass has an accuracy of 0.3 degrees . The
EDM/compass combination also operates in concert with the Pathfinder Pro XH system to po sition offsets for
trees, should they be necessary. This offset information is automatically downloaded and attached to the GPS
position data string. Digital tree location information will be stored and managed in the field using a Trimble Geo
7X datalogger directly connected to the Pro XH receiver. Tree attribute data (species, trunk diameter, height,
crown spread, health, and structural condition), collected simultaneously with feature positions, will also be
linked to tree location information and stored in the datalogger.
Following field data collection, raw tree location and attribute information will be uploaded to PCs and managed
utilizing Trimble GPS Pathfinder Office (v . 3 .10) software . Raw data files will be differentially corrected, managed,
and exported in appropriate GIS or computer-aided drafting (CAD) formats , suitable for further spatial analysis
and/or exhibit preparation.
Based on up to 100 trees, Dudek estimates one field day will be required to complete the field phase of this
project. We will measure size (height, canopy spread to drip line, and trunk diameter), and determine tree
health/structural condition . For each inventoried tree, physical conditions (health and structure) will be recorded .
Each mapped and assessed tree will be tagged with an aluminum tree tag identifying it with a unique tree number
corresponding to GPS mapping data. Photographs of the site and of representative trees will be collected.
Following field mapping and tree evaluation efforts, Dudek will process all raw GPS information and generate an
ASCII file that is importable to GIS software . Dudek will reduce all tree attribute information to useable summaries
and provide an electronic Excel table of this information to be used in preparation of the arborist reports .
» Specimen Tree Reports: Following completion of the tree inventory and evaluation, Dudek will prepare a specimen
tree report and associated tree location exhibits. The report will detail observations, methods, results, and
recommendations. A tree information matri x will be prepared that provides tree attribute information in an Excel
spreadsheet that corresponds to the tree location exhibit for the specific report. The tree location exhib its will
include tree trunk locations in relation to structures and improvements . The reports will include additional
information, primarily an evaluation of the tree impacts , measures to minimize impacts , and if necessary,
recommendations for replacement tree planting as mitigation for impacted trees. They will also address tree
preservation and maintenance guidelines for trees that are to be protected on site, if any.
The costs associated with this scope assume that impacts will be assess ed based on one project alternative .
Modifications to project design requiring a reevaluation of tree impacts and edits to the arborist reports will be
billed on a time-and-material basis according to Dudek's fee schedule. The firm will provide an electronic copy
(PDF) of the first draft report for review and anticipates an internal project team review as well as one City review
cycle and edit cycle. Five copies of the specimen tree report and related exhibits will be provided for City review
and of the final reports .
August 23, 2019 I Page 6
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Deliverable(s):
• Specimen Tree Report
Task 2.5 Cultural Resources Report (Cogstone)
Place Works will retain Cogstone to conduct cultural resources investigation as described below.
» Backgroun d Research, Data Collection, and Native American Consultation
a. Cultural Resources Records Search: Cogstone will request a records search for cultural resources within a
0.5-mile radius of the project area from the South Central Coastal Information Center (SCCIC). A review of all
relevant archival records (e.g., historic maps and aerials) will be conducted, and all site records will be
obtained.
b. Native American Scoping: Cogstone will request a Sacred Lands File search from the Native American
Heritage Commission (NAHC). Cogstone will draft and mail, via US Certified Mail, a project information letter
to the recommended Native American individuals, groups, or tribes provided by the NAHC.
c. Paleontological Records Search: Cogstone will request a records search for paleontological resources from
the Los Angeles County Museum of Natural History (LACMNH).
d. Background Research : Conduct research to develop brief contexts for cultural and paleontological resources .
» Fieldwork:Cogstone will provide a qualified archaeologist and cross-trained paleontologist to conduct an intensive
pedestrian survey of the entire 16-acre project area. It is assumed that no archaeological sites will require
recording or updating on Department of Parks and Recreation 523 (DPR 523) forms.
» Report Preparation.· The cultural resources report will be prepared to include a summary of the results of the record
search, field survey, and previous consultation efforts to determine baseline conditions and assess potential
impact to cultural resources resulting from the project. All pertinent or necessary data will be included in the
technical report. This scope includes one round of comments from the City prior to producing the final report.
» AB 52 and SB 18 Coordination: Pursuant to the requirements of Senate Bill 18 for the General Plan Amendment and
Assembly Bill 52, Place Works will coordinate closely with the City to comply with the tribal notification process.
Place Works, in coordination with Cogstone, will draft a notification letter for the City to send out per SB 18 and
AB 52. However, per the regulations, the City is required to manage the notification and consultation process
with pertinent tribes who have requested it. The process and outcomes will be documented and included in
appropriate sections of the EIR .
Deliverable(s):
• Cultural resources technical report.
• Tribal consultation and notification letter sample in compliance with AB 52 and SB 18
Task 2.6 Phase I Environmental Site Assessment (PlaceWorks)
The Phase I will be conducted in accordance with the American Society for Testing and Materials (ASTM) Standards
on Environmental Site Assessments, ASTM E 1527-13 (ASTM 1S27-13). The goal of an ASTM Phase I is to evaluate site
history, existing observable conditions, current site use, and current and former uses of surrounding properties to
identify the potential presence of Recognized Environmental Conditions (RECs) associated with the site. Recognized
Environmental Conditions are defined in ASTM E 1527-13 as "the presence or likely presence of any hazardous
substances or petroleum products on a property under conditions that indicate an existing release, a past release, or
a material threat of a release of any hazardous substances or petroleum products into structures on the property or
into the ground, groundwater, or surface water at the property. The term includes hazardous substances or petroleum
products even under conditions in compliance with laws . The term is not intended to include de minimis conditions
August 23, 2019 I Page 7
@)PLAC WO S
that generally do not present a material risk of harm to public health or the environment and that generally would
not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies."
The Phase I scope of work described below has been developed to be consistent with the ASTM E 1527-13 Standard,
based on our current understanding of the site. The Phase I consists of three primary tasks that include both ASTM-
required and discretionary activities: Records Review; Site Reconnaissance and Interviews; and Report Preparation.
The scope of work specific to this project is described below.
» Records Review: Place Works will assemble and review readily available information on site history and usage as it
relates to the presence of hazardous substances and petroleum products that would constitute RECs on the site.
The ASTM standard lists mandatory and discretionary records for review.
We will review information from the mandatory databases within the ASTM-specified search radii. The mandatory
databases include: NPL, CERCLIS, CERCLIS NFRAP, ERNS, RCRA non-CORRACTS TSO, RCRA CORRACTS TSO, RCRA
Generators, State Hazardous Waste Sites, State Landfills and Solid Waste Disposal Sites, Registered Underground
Storage Tanks (USTs}, and Leaking USTs. We intend to use an electronic database service to provide a report
summarizing information from the required records, and will rely on the database service to conform to ASTM
requirements for currency of the information. Should the database search report identify listed sites with the
potential to impact the subject site, Place Works may review the federal or state files pertaining to the listed sites,
as reasonably ascertainable and practically reviewable. The budget does not include costs for review of files by
more than one agency.
A 7.5-minute US Geological Survey topographic map will be used to evaluate the physical setting in the site area
and will be supplemented by discretionary review of readily available information concerning surface topography,
surface water, soil, bedrock, and groundwater conditions on and in the vicinity of the project site. Historical and
current aerial photographs of the properties and surrounding area will be compiled through a photograph collection
search. These photographs will be reviewed by PlaceWorks for the following information: past land uses,
development of the site and surrounding area, potential sources of environmental contamination or evidence of
spills, and other items of environmental concern.
» Site Reconna issance and Interviews: Place Works will visit the site and view interior and exterior conditions to assess
the nature and type of activities that have been conducted at the site with respect to potential RECs. PlaceWorks
will observe and document visible evidence of current and past usage of the property, particularly related to
potential filling, previous structures, sewage disposal systems, hazardous substances, petroleum products,
storage tanks, and evidence of spills or releases of hazardous substances or petroleum products . We understand
that you will make all areas of the site accessible to our representative(s) for the site visit. For budgeting purposes,
we have assumed that all areas of the site will be made accessible and will be seen in one site visit.
Our observations and conclusions related to the site reconnaissance may be limited by prevailing weather
conditions or other site conditions at the time of our site visit. Our report will include a discussion of factors limiting
our site reconnaissance, if applicable.
If knowledgeable persons are identified and can be interviewed, interviews will be conducted. The ASTM Standard
requires that interviews be performed with a "Key Site Manager" and with representatives of building occupants.
In accordance with ASTM, a reasonable attempt will be made to interview a representative of each occupant if the
building has five or fewer occupants. If the building contains more than five occupants, a reasonable attempt will
be made to interview those major occupants, as defined by ASTM, and those occupants whose operations could
indicate RECs in connection with the property. We request that the current owner(s) or representative(s) be notified
of our visit and asked to participate in an interview regarding site usage and history.
Further, as required by the ASTM standard, we ask that copies of previous environmental investigations and audits
of the property are made available, as well as other information related to storage, use, or release of hazardous
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substances or petroleum products at the site, such as environmental permits, registrations for tanks, material safety
data sheets, or waste disposal records, if applicable.
» Data Evaluation and Report Preparation: PlaceWorks will interpret the information and data assembled from the
two tasks above, and will formulate conclusions regarding evidence of RECs at the site and their potential impact
on the site. As required by ASTM, our final report will include a statement indicating that the work was conducted
consistent with the scope and limitations of the ASTM Standard, and discussing whether RECs were or were not
identified in connection with the property.
User-Provided Information: The ASTM Standard requires disclosure in the Phase I report as to whether the user of
the report has specialized knowledge about previous ownership or uses of the property that may be material to
identifying RE Cs, or whether the user has determined that the property's Title contains environmental liens or other
information related to environmental condition of the property, including engineering and institutional controls
and Activity and Use Limitations, as defined by ASTM . In addition, we are required by the ASTM Standard to inquire
whether the user of the report has prior knowledge that the price of the property has been reduced for
environmental related reasons. We request that you provide this information to us for inclusion in our report.
No subsurface explorations or chemical testing of soils or groundwater will be performed during this assessment.
Therefore, our conclusions regarding the evidence of RECs will be based on observations of existing visible
conditions, and on our interpretation of site history and site usage information .
The ASTM E 1527-13 Standard includes the following list of "additional issues" that are nonscope considerations
outside of the scope of the ASTM Phase I practice: Asbestos-containing materials, radon, lead-based paint, lead in
drinking water, wetlands, regulatory compliance, cultural and historic risks, industrial hygiene, health and safety,
ecological resources, endangered species, indoor air quality, and high voltage power lines. Assessment of these
items is not included in our proposed work scope . A limited assessment of the presence of polychlorinated biphenyls
(PCBs) is included in the ASTM work scope. Accordingly, our assessment of the presence of PCBs is limited to those
potential sources specified in the ASTM Standard as "electrical or hydraulic equipment known or likely to contain
PCBs to the extent visually and or physically observed or identified from the interview or records review. SO-year
chain-of-title will not be provided under this scope of work. It is, however, recommended that the purchaser
independently obtain title records to confirm the absence or presence of any environmental liens against the
properties.
Task 2.7 Noise (PlaceWorks)
PlaceWorks will evaluate potential noise and vibration impacts for the construction and operational phases of the
proposed project. The impact assessment document will discuss relevant criteria for noise exposure based on
applicable federal, state, and local standards and ordinances, including those in the municipal code and general plan
noise element. The dominant noise source in the project area is traffic from Interstate 5 (1-5), Rancho Viejo Road, and
local residential streets. Secondary noise sources would include rail noise from the Southern California Regional Rail
Authority (SCAX), approximately 0.35 mile west of the site.
PlaceWorks proposes to assess existing conditions and identify the nearest sensitive receptors and other
environmental characteristics, based on PlaceWorks experience of similar noise environments, aerial photography,
site plans, and project site photos. Given the roadway configuration around the project site, traffic noise is expected
to be the dominant ambient noise source in the area, both now and at project buildout. Therefore, no field
measurements of ambient noise levels are indicated, and existing conditions will be addressed via available traffic
data and noise contours.
Long-term operational noise impacts will be primarily related to project-generated traffic. Thus, the traffic forecasts
included in the project's traffic study will be used to conduct a noise impact assessment of project-related traffic.
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Project-related construction noise will temporarily elevate the ambient noise environment above existing conditions.
An assessment of temporary noise and vibration impacts during site preparation and project construction activities
will be conducted using industry-standard analysis techniques and using construction-related data to be provided by
the Applicant (e.g., construction schedule, equipment mix, hauling, and truck trip information (as stated in Task 2
introduction). Vibration impacts will be assessed per criteria in the FTA's guideline document on noise and vibration
impact assessment.
The findings of the technical analyses and impact assessment will be provided in a noise and vibration section of the
EIR, along with mitigation measures (should they be indicated for any identified noise and vibration impacts).
Deliverable(s):
• Noise Analysis and Modeling to be included as an appendix to the EIR
Task 2.8 Traffic Impact Analysis (Urban Crossroads)
Place Works will retain Urban Crossroads to evaluate potential traffic impacts of the proposed project based on the
City 's Administrative Policy 310, Preparation and Use of Traffic Reports. A formal traffic study scoping document will
be submitted to City staff for review and approval prior to commencement of the traffic analysis . If during the traffic
study scoping process, the City decides to alter or change any of the key assumptions used to develop this scope of
work, PlaceWorks will notify the City of the potential additional costs associated with the change in scope.
» Traffic Study Scoping Agreement Process: A formal traffic study scoping document will be submitted to City staff for
review and approval prior to commencement of the traffic analysis.
a. Calculate project-related vehicle trips based on the Institute of Transportation Engineers (ITE) Trip Generation
10th edition (2017) trip generation rates.
b . Determine project trip distribution patterns for based on existing and planned land uses in the area along with
the planned circulation system.
c. Based on the project-related trip generation and trip distribution patterns, establish the required study area
intersections to be evaluated in the traffic impact analysis based on the City of San Juan Capistrano traffic study
guidelines or as directed by the lead agency.
d. Identify known cumulative development projects and ambient growth patterns .
e . Prepare a draft of the traffic study scoping assumptions and submit it to the jurisdiction for review and
approval.
f . Interface with jurisdiction staff to finalize the traffic study scoping agreement .
» Existing Traffic Data and Existing Roadway Conditions Inventory
a. Conduct weekday morning (7am-9am), weekday evening (4pm-6pm) peak hour turning movement counts at
up to 6 study area intersections.
b. Conduct 24-hour roadway segment counts at up to 6 roadway segments.
c. Field inventory of intersection traffic control measures, approach lanes at intersections, and through travel
lanes along segments.
» Opening Year and Horizon Year (2040) Traffic Projections
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~PLACEW KS
a . Opening Year traffic projections will be developed through the use of an ambient growth factor along with the
addition of known cumulative development projects identified by City of San Juan Capistrano planning staff. It
is estimated that up to 25 individual cumulative development projects may need to be included in this traffic
analysis.
b. The long-range 2040 traffic forecasts will be based on the Orange County Transportation Analysis Model
(OCTAM) or the City's latest traffic modeling tool.
c. Calculate cumulative Opening Year and Horizon Year (2040) peak hour turning movement volumes for up to 6
study area intersections.
d. Calculate cumulative future average daily traffic (ADT) volumes on study area roadway segments .
» Intersection and Roadway Operations Analysis
a. Assess the intersection capacity and Level of Service (LOS), using both ICU and HCM methods, for up to 6 study
area intersections, for each of the following traffic conditions:
• Existing (2018)
• Existing Plus Project (E+P)
• Existing Plus Project Plus Cumulative (Near-term)
• Existing Plus Project Plus Build out (Horizon Year 2040 With Project)
b. Assess the Roadway Link LOS using the average daily trips (ADT) and peak-hour Link Capacity Analysis
Methodology, for each of the traffic conditions described above.
c. Recommend intersection improvements that would maintain acceptable intersection and roadway
performance at the study intersections and roadways for each of the future traffic conditions described above.
d. Calculate the project's fair share for the significant off-site impacts consistent with City Council Policy 111, Fair
Share Methodology.
» Traffic Signal Warrant Analysis: A traffic signal warrant analysis will be provided at the intersection of Rancho Viejo
Road and major access to the site based on peak hour volume warrant (Warrant 3) from the latest California
Manual on Uniform Traffic Control Devices (CA MUTCD).
» Response to Comments on the Draft Traffic Impact Analysis: Th is scope includes one round of review and revision
of the Traffic Impact Analysis. Place Works will coordinate with the City to submit one set of comments to Urban
Crossroads.
» Meetings/Public hearings: The scope includes preparation and attendance at up to 3 meetings/conference call and
hearings as needed by Urban Crossroads .
TASK 3. INITIAL STUDY PREPARATION
Place Works will prepare an Initial Study to determine the scope and content of the EIR. The Initial Study will include
all 20 topical sections required by CEQA:
» Aesthetics
» Agriculture and Forestry Resources
» Air Quality
» Biological Resources
» Cultural Resources
» Land Use and Planning
» Mineral Resources
» Noise
» Population and Housing
» Public Services
August 23, 2019 I Page 11
L CEWORKS
» Energy
» Geology and Soils
» Greenhouse Gas Emissions
» Hazards and Hazardous Materials
» Hydrology and Water Quality
» Recreation
» Transportation
» Tribal Cultural Resources
» Utilities and Service Systems
» Wildfire
Pursuant to the requirements of CEQA (California Public Resources Code, sections 21000 et seq.} and the State CEQA
Guidelines (California Code of Regulations, sections 15000 et seq.}, findings will be clearly substantiated in the Initial
Study for each environmental topic checklist question to conclude that: 1) there will be no impacts, 2) impacts will be
less than significant, or 3) impacts will be potentially significant. Impacts that are determined to be potentially
significant will be carried forward to the EIR.
Place Works will prepare and submit the Initial Study (IS} for the City's review two times:
» Screencheck Initial Study: PlaceWorks will prepare a Screen check IS using the available information and submit it in
Microsoft Word for editing as well as in a PDF with figures, exhibits, and appendices . It is assumed that all City
staff comments concerning the Screencheck IS will be compiled in one track-changes IS document and
transmitted to PlaceWorks via email. The City may also prepare a comments matrix to track all City staff
comments. As needed, PlaceWorks' project manager will have conference calls with City staff to go over
comments, discuss and resolve any major areas of concern in the Screencheck draft, clarify areas of
misunderstanding, etc. The City presumes a minimum of three weeks to review the Screencheck NOP/IS.
» Printcheck Initial Study: Based on the compiled comments, Place Works will revise the Screencheck IS in both track
changes version and a clean version (i.e., all changes accepted/ addressed in response to City staff comments}.
We will submit a Printcheck IS, including any referenced technical studies, and a comment and response matrix
(if one was provided) that corresponds to the Printcheck document. The City must approve the Printcheck IS
before the Notice of Preparation (NOP) can be scheduled to be published in a local newspaper. Scheduling of the
NOP publication requires a one-week lead time.
Deliverable(s):
• One digital copy of the Screencheck IS (ihcluding completed technical appendices)
• One digital copy of the Printcheck IS (including completed technical appendices)
TASK 4. NOP PREPARATION AND DISTRIBUTION
Upon approval of the Printcheck Initial Study, PlaceWorks will reproduce and distribute the NOP/IS to an approved
distribution list. PlaceWorks will prepare a distribution list that includes State Clearinghouse and responsible and
trustee government agencies, and submit to the City for approval. The City may include other special interest groups
and individuals to the mailing list at the time of review . CEQA Guidelines 21092(b)(3)(C) identifies direct mailing to
owners and occupants of contiguous property shown on the latest equalize assessment roll as one of the three
distribution procedures. However, if City's protocol is to provide noticing beyond what's required under CEQA, we
anticipate that a separate 300-foot, 500-foot, or more radius mailing list of owners and occupants will be provided by
the City based on the latest equalize assessment roll. PlaceWorks will be responsible for the NOP distribution to the
mailing list and posting with the Orange County Clerk, and the City will be responsible for publishing the NOP in the
local newspaper. We will distribute the NOP by certified mail to all government agencies, and overnight to the State
Clearinghouse.
Deliverable(s):
• Up to 10 hard copies of the public review draft NOP/IS and 50 digital copies
• Distribution of NOP to the City-provided mailing list {including State Clearinghouse)
August 23, 2019 I Page 12
@)PL CEWORKS
• Post NOP with County Clerk
TASK 5. PUBLIC SCOPING MEETING
PlaceWorks will assist the City in organizing and conducting one public scoping meeting to present the preliminary
environmental impacts of the proposed project and to solicit comments regarding the scope and content of the
environmental topics to be addressed in the EIR . We will prepare a PowerPoint presentation for the meeting to be
reviewed by the City prior to finalization . At the meeting, we will be prepared to discuss the environmental review
process and to answer specific questions as desired by the City.
It is recommended that the scoping meeting be held one to two weeks after the release of the NOP so that the public
has time to read through the NOP/IS, and public concerns about environmental issues can be identified. We will
prepare a summary report of comments. This report will be included in the EIR, with reference to where each
comment is addressed or an explanation for why it is not addressed (e.g., not an environmental issue).
Deliverable(s):
• Scoping meeting materials (sign-in sheet, comment card, PowerPoint presentation, etc .)
• Scoping Summary Report
TASK 6. DRAFT EIR PREPARATION
Immediately upon releasing the NOP/IS, PlaceWorks will begin preparing a Draft EIR in accordance with Section 15161
of the CEQA Guidelines. In accordance with Section 15161, the project EIR will examine the environmental impacts of
the proposed project and will focus primarily on the changes in the environment that would result from the project.
The EIR will clearly identify and address all potential issues facing the proposed project. The EIR will also examine all
phases of the project, including planning, construction, and operation.
The Draft EIR will be clearly written and will avoid technical jargon to the extent possible, so that the document is
easily understood. If technical terms need to be introduced for accuracy, they will be clearly defined. The existing
conditions of the project site will be used to set the baseline for the environmental analysis . Mitigation measures will
be recommended in the EIR where necessary. PlaceWorks will coordinate with City staff to obtain available project
information, including technical reports and construction equipment and schedule information.
PlaceWorks will prepare a Draft EIR that includes all mandatory elements of an EIR in accordance with the CEQA
Guidelines. Sections of the EIR will include:
» Executive Summary
» Introduction
» Project Description
» Environmental Setting
» Environmental Topical Sections, to include Existing Conditions and Regulatory Setting, Thresholds of Significance,
Environmental Impact Assessment/Analysis, and Mitigation Measures (as needed)
» Alternatives to the Project
» Other CEQA-Mandated Sections (e.g., Significant Unavoidable Adverse Impacts, Growth-Inducing Impacts)
Place Works will prepare and submit the Draft EIR for City's review three times:
» 1st Screencheck Draft EIR: PlaceWorks will prepare and submit a 1st Screencheck DEIR, including any referenced
technical studies . The 1st Screencheck DEIR will be submitted in Microsoft Word for editing and in a PDF that
includes all figures, exhibits, and appendices . It is assumed that all comments concerning the 1st Screencheck
Draft EIR will be transmitted in one compiled document via email to PlaceWorks. As appropriate, PlaceWorks'
project manager will have a conference call with City staff to discuss and resolve any major areas of concern or
August 23, 2019 I Page 13
LACEWORKS
to clarify areas of misunderstanding, etc. The City presumes three weeks for staff review of the 1st Screencheck
document .
» 2nd Screencheck Draft EIR: Based on the City's comments, Place Works will revise the 1st Screen check DEIR in both
a tracked changes version and a clean version (i.e., all changes accepted/addressed in response to City staff
comments). We will submit a 2nd Screencheck DEIR, including any changes to the referenced technical studies.
It is assumed that all comments concerning the 2nd Screencheck Draft EIR will be transmitted in one compiled
document via email to PlaceWorks. A comment and response matrix that corresponds to the 2nd Screencheck
document will also be submitted, if one was provided by the City. The 2nd Screen check DEIR will be submitted in
Microsoft Word for editing and in a PDF that includes all figures, exhibits, and appendices. The City presumes
three weeks for staff review of the 2nd Screencheck document.
» Printcheck Draft EIR and Notice of Availability: Based on the City's comments, PlaceWorks will revise the 2nd
Screencheck Draft EIR and also prepare a Notice of Availability (NOA). The 2nd Screencheck Draft is the final
version of the DEIR before it is reproduced for circulation. The NOA will provide a summary of the project
description and an explanation of the scope of issues in the Draft EIR. The NOA will also clearly identify the public
review period, contact person, and address established for submitting comments on the Draft EIR. The City must
approve the Printcheck DEIR and the NOA prior to scheduling the NOA to publish in the newspaper, which
requires a one-week lead-time.
Modification to the scope of work, budget, and time frame may be necessary if additional reviews are required.
Deliverable(s):
• Digital copies of 1st Screencheck draft EIR (including completed technical appendices)
• Digital copies of 2nd Screencheck draft EIR (including completed technical appendices)
• Digital copies of Printcheck draft EIR (including completed technical appendices)
TASK 7. NOA AND NOC DISTRIBUTION
PlaceWorks will reproduce and distribute the public draft EIR and NOA to the State Clearinghouse, County Clerk,
responsible and trustee agencies, and other special interest groups and individuals identified on the mailing list
prepared for the NOP distribution.and anyone else that was identified during the scoping period (see Task 4). We will
distribute the NOA/NOC by certified mail to all government agencies and overnight to the State Clearinghouse and
select depositories at City's request. It is assumed that the City will be responsible for all newspaper notices and site
postings, and if necessary, radius mailing to adjacent and surrounding property owners and occupants. The City will
also be responsible for posting CEQA documents and notices on the City's website .
Deliverable(s):
• Public Draft EIR (technical appendices in attached CD) (25 hard copies of the DEIR and 50 CDs)
TASK 8. FINAL EIR/RESPONSES TO COMMENTS
PlaceWorks will prepare responses to comments received on the Draft EIR to enable City decision makers to
adequately consider and address any agency, organization, or community comments and concerns. The Response to
Comments will contain copies of all comment letters received, written responses to all comments, and a summary of
any changes made to the EIR. Responses will focus on comments that address the adequacy of the EIR. Other
comments that do not address the EIR adequacy will be noted as such and no further response will be provided.
The budget for the Response to Comments is an estimate only, based on a total of approximately 50 hours for
preparation of the Response to Comments. The estimated number of hours includes only one round of review of the
Response to Comments by the City. The estimated budget assumes that no additional basic research will be required
to respond to comments, that the comments will be directed at the substance and technical adequacy of the EIR, and
that the comments will be compiled by the City and transmitted in writing or via e-mail to PlaceWorks.
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LACEWORI<
If a large volume of comments are received that require extra time for sorting and organizing, or if certain comments
result in the need for substantial re sponse that exceed the anticipated 50 hours, or require new research or analysis,
the initial budget may not be sufficient . Should this situation become apparent, we will discuss it with the City before
the responses budget is consumed and determine an appropriate course of action.
Task 9 Deliverable(s):
• 1 digital copy of the Screencheck Response to Comments
• Up to 10 hard copies of the Final EIR
• Up to 10 hard copies of the final Response to Comments and 1 digital copy
TASK 9. MITIGATION MONITORING PROGRAM
PlaceWorks will prepare a Mitigation Monitoring Program {MMP} based on mitigation measures identified in the EIR
and pursuant to Section 21081.6 of the CEQA Public Resources Code . The M MP will be defined through working with
City staff to identify appropriate monitoring steps/procedures in order to provide a basis for monitoring such
measures during and upon project implementation. It will be in standard City format and will identify the significant
impacts that would result from the proposed project; proposed mitigation measures for each impact; the timing at
which the measures will need to be conducted ; the entity responsible for implementing the mitigation measure; and
the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. The
MMP will be submitted to City staff for review and approval in conjunction with submittal of the Response to
Comments.
Deliverable(s):
• 1 digital copy of the MMP
TASK 10. FINDINGS OF FACT/STATEMENT OF OVERRIDING CONSIDERATIONS
Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR
has been completed that identifies one or more significant environmental effects, unless the public agency prepares
findings for each significant effect. PlaceWorks will prepare draft findings and facts in support of findings for each of
the significant impacts identified by the Draft EIR and the determination as to whether those impacts would be
reduced to below a level of significance by proposed mitigation measures. These findings and facts will be
incorporated into the resolution(s) to be prepared by City staff.
Additionally, Section 15093 of the CEQA Guidelines requires that when an agency approves a project that will have
significant adverse environmental effects that are unavoidable, the agency must make a statement of its views on the
ultimate balancing of the merits of approving the project despite the environmental impact(s}. PlaceWorks will
prepare the statement of overriding considerations for any unavoidable significant impacts that may be identified by
the Draft EIR .
Deliverable(s):
• 1 digital copy of the Findings of Fact
TASK 11. NOTICE OF DETERMINATION
Within five days after approval of the Project by the San Juan Capistrano City Council, Place Works will file a Notice of
Determination {NOD} with the County Clerk and State Clearinghouse . Considering that the project site has mature
trees that require removal, we anticipate that a No Effect Determination would not be granted . The NOD will be hand
delivered to the County Clerk along with the required California Department of Fish and Wildlife (CDFW} and County
fees. The CDFW filing fee for an EIR as of January 1, 2019, is $3,271.00, and this fee may increase on January 1, 2020.
Deliverable(s):
• Notice of Determination
• File NOD with State Clearinghouse and County Clerk, in duding associated filing fees
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TASK 12. MEETINGS AND PUBLIC HEARINGS
Our scope of work and cost estimate assume attendance by PlaceWorks at a total of up to 12 hours of conference
calls and/or meetings and up to two public hearings at the City by the PIC and the Project Manager. Additional
conference call participation or hearing attendance by PlaceWorks upon City's request will be billed on a time-and-
materials basis in accordance with the hourly rates for the personnel involved, as included in this proposal.
Deliverable(s):
• Up to 12 hours of conference calls and/or meetings
• Up to two public hearings (one Planning Commission and one City Council)
TASK 13. PROJECT MANAGEMENT AND ADMINISTRATION
PlaceWorks' project manager will coordinate closely with City staff and the project team to ensure that the
environmental and technical documents delivered to the City are legally defensible, accurate, and useful to decision
makers considering approval of the project. The project manager will coordinate with the City throughout the process,
not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays.
The project manager will be the key contact for the City and will be responsible for (1) managing task scheduling and
assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and
coordination with local and state agencies relative to the environmental document and the environmental review
process; (3) coordination and communications with City staff to ensure that City policies, procedures, and any
applicable codes are complied with and, where applicable, are incorporated into the IS and EIR; (4) ensuring that the
environmental review process and the CEQA documents satisfy the statutes and guidelines of CEQA and the City's
adopted Environmental Review Guidelines; and (5) representing the consultant team in public meetings as requested
by the City.
The project management task is based on one hour per week for the project manager and one hour per month for
the principal-in-charge (PIC} for the duration of the estimated project schedule, which is anticipated to be
approximately 10 months. If the schedule of the project is extended for reasons beyond PlaceWorks' control, a
contract amendment may be required for additional fees for project management and coordination.
Deliverable(s):
• Ongoing project management (an estimated 1 hour/week) for the project manager and the PIC for
approximately 10 months
Proposed Schedule
Based on the availability of a complete project description and supporting technical analyses/studies (as described
under "Technical Studies") and upon project initiation, the preparation and processing of an EIR and all associated
reports are anticipated to require approximately 8 to 10 months from start {contract approval} to finish {City Council
hearing). We have prepared a proposed Schedule {see Table 1) that can be further refined upon project initiation.
Once the project is initiated, Place Works will prepare a detailed project schedule for the City for review and approval.
We will work to meet the scheduling objectives of the City .
Table 1. Proposed Schedule
TASK RESPONSIBLE PARTY Tl MELINE
1. Project Initiation and Kick-off Meeting PW and SJC 1 day
2. Technical Reports Preparation 1 PW 4 to 8weeks
-Air Quality and GHG (PlaceWarks) PW 6 wks
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Table 1. Proposed Schedule
TASK RESPONSIBLE PARTY TIM ELI NE
-Bio Constraints Survey (Cadre) PW 4wks
-Specimen Tree Report (Dudek) PW 4wks
-Cultural Resources Report (Cogstone) PW 8 wks
-Phase I (PlaceWorks) PW 6 wks
-Noise (PlaceWorks)1 PW 4 wks
-Traffic Report (Urban Crossroads) PW 8 wks
3. IS Preparation PW &SJC
-Screencheck Initial Study PW 4wks
-City Review of Screen check Initial Study SJC 2 wks
-Printcheck Initial Study/NOP Preparation PW 2 wk
-City Approval of the Pr1ntcheck Initial Study/NOP SJC 1 wk
4. NOP/IS Print and Distribution PW 1 day
3D-day Initial Study/NOP Public Review -30 days
5. Scoping Meeting 1 day
6. Draft EIR Preparation
-First Screencheck Draft EIR PW 8 wks
-City Review of First Screencheck Draft EIR SJC 3 wks
-Second Screencheck Draft EIR PW 3 wks
-City Review of Second Screencheck Draft EIR SJC 3 wks
-Printcheck Draft EIR and NOA PW 1 wk
-City Review and Approval SJC 1 wk
7. Draft EIR, NOA,& NOC Reproduction and Distribution PW 2 days
CEOA Public Review Period of Draft EIR (45-days) -45 days
8. Final EIR Preparation
-Response to Comments, Findings of Fact, Statement of
Overriding Considerations (if warranted), and Mitigation PW 3 wks
Monitoring and Reporting Program
-City Review of the Screencheck FEIR, FOF, SOC & MMRP SJC 2 wks
-Printcheck FEIR, FOF, SOC & MMRP PW 1 wks
-Distribute Response to Comments to government 10 days prior to the
agencies PW public hearing
Planning Commission Meetings --1 day
City Council Meetings --1 day
Notice of Determination Filing -1 day
Tasks in bold consist of public review periods and publi c m eetings/hearings.
1 The time line for technical reports preparation is estimate only, as they require other technical reports for necessary data .
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EXHIBIT B
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Cost Estimate
Our proposed cost estimate is presented in Table 2 by project task and estimated reimbursable expenses. As shown
in Table 2, the total cost estimate for all three phases is $244,437 . Changes to the project description or scope of
environmental review would be handled through a contract amendment with prior notice to the City. These costs are
based on our billing rates, shown in Table 3.
Table 2. Cost Estimate
TASK COS T
Task 1 Project Initiation $3,150
Task 2 Technical Analyses/Studies
2.1 Visual-Aesthetic Simulation Analysis (PlaceWorks) 11,655
2.2: Air Quality and GHG Emissions (PlaceWorks) 11,850
2.3: Biological Resources Constra ints Study (Subconsulta nt-Cadre) 2,24S
2.4 : Spec imen Tree Report (Subconsultant -Dudek) S,120
2.5: Cultural Resources Records Search (Cogstone) 12,495
2.6 Phase I Site Assessment (PlaceWorks) 6,S7S
2.7 Noise (PlaceWorks) 8,220
2.8 Traffic Impact Analysis (Subconsultant-Urban Crossroad) 26,99S
Tasks 1 and 2 Subtotal $88,305
Task 3 Initial Study Preparation (2 rounds of reviews) $15,070
Task 4 Notice of Preparation and Initial Study Circulation 660
Task 5 Public Scoping Meeting 2,40S
Task 6 Draft EIR (2 rounds of reviews) 70,500
Task 7 NOA Preparation & Distribution 49S
Task 8 Final EIR/Response to Comments (1 round of review) 16,880
Task 9 Mitigation Monitoring Program 330
Task 10 Find ings of Fact 6,08S
Task 11 Notice of Determination 330
Task 12 Meetings and Public Hearings 8,300
Task 13 Project Management and Administration 19,920
Tasks 3 to 13 Subtotal $140,975
Labor Subtotal $229,280
REIMBURSEABLE
Initial Study/NOP 2S hard copies@ $25 and SO CDs@ $10 1,550
Draft EIR 25 hard cop ies@ $150 and 50 CDs@ $10 4,SSO
Response to Comments 10 hard copies @ $25 250
Final EIR 10 hard copies@ $25 250
CDFW and Co unty Fi ling Fee 3,321
Misc. copying, mailing, postage soo
Mileage 150
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Table 2. Cost Estimate
TASK COST
Office Expenses (2% of Labor) 4,586
Reimbursable Subtotal $15,157
GRANO TOTAL $244,437
PlaceWorks -2019 Standard Fee Schedule
STAFF LEVEL HOURLY BILL RATE
Principal $215-$335
Associate Principal $185-$230
Senior Associate/Senior Scientist $165-$210
Associate/Scientist $135-$180
Project Planner/Project Scientist $105-$135
Planner/Assistant Scientist $95-$110
Graphics Specialist $65-$160
Administrator $145-$195
Clerical/Word Processing $45-$140
Intern $75-$95
Subconsultants are billed at cost plus 10%.
Mileage reimbursement rate is the standard IRS-approved rate .
Lost Updoto: 01/09/19
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