21-0504_T&B PLANNING, INC._Agenda Report_E7City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Director
PREPARED BY: David Contreras, Principal Planner
DATE: May 4, 2021
SUBJECT: Professional Services Agreement with T&B Planning, Inc. for the
Preparation of an Environmental Impact Report for the Proposed “El
Camino Specific Plan Project” Located Along El Camino Real
Between 26874 Ortega Highway and 31882 Camino Capistrano.
RECOMMENDATION:
Approve and authorize the City Manager to execute a Professional Services Agreement
with T&B Planning, Inc. for the preparation of an Environmental Impact Report for the
Proposed “El Camino Specific Plan Project”, pursuant to the California Environmental
Quality Act (CEQA), at a cost not-to-exceed $342,923, to be funded by the Applicant.
EXECUTIVE SUMMARY:
On April 6, 2021, the City Council initiated a General Plan Amendment, Code
Amendment, and Rezone study of a request by Camino Capistrano OZ, LLC (Applicant)
to create a 7.3-acre “El Camino Specific Plan” area that would be comprised of three
private parcels and nine City-owned parcels, including the Blas Aguilar Adobe, Historic
Town Center Park, and the former Caltrans parcel. The Specific Plan would include the
proposed Playhouse commercial project located on a City-owned 1.68-acre property at
31776 El Camino Real and the proposed Forster & El Camino residential/commercial
project located on a privately-owned 3.15-acre property located at 31878 Camino
Capistrano. A location map showing the various private and public parcels is provided as
Attachment 1.
Staff has determined that the preparation of an Environmental Impact Report (EIR) would
be necessary to analyze the environmental impacts of the proposed Specific Plan project.
Staff solicited and received a proposal from T&B Planning, Inc. 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
5/4/2021
E7
City Council Agenda Report
May 4, 2021
Page 2 of 4
and authorize the City Manager to execute a Professional Services Agreement (PSA)
with T&B Planning, Inc. for preparation of an EIR for the “El Camino Specific Plan” Project
(Attachment 2).
DISCUSSION/ANALYSIS:
In September 2020, at the request of the Applicant, the City Council initiated a General
Plan Amendment, Code Amendment and Rezone study to create a Specific Plan for the
proposed Playhouse commercial project located on a City-owned 1.68-acre property at
31776 El Camino Real. Subsequently, in January 2021, at the request of the Applicant,
the City Council initiated another General Plan Amendment, Code Amendment and
Rezone study to create a Specific Plan for the Forster & El Camino residential/commercial
project proposed for a privately-owned 3.15-acre property located at 31878 Camino
Capistrano. On February 25, 2021, the City received a request from the Applicant to
merge the two separate Specific Plan project proposals into one 7.3-acre Specific Plan
study area that would include adjacent City-owned property. On April 6, 2021, the City
Council considered the Applicant’s request and initiated a General Plan, Rezone and
Code Amendment study to create one combined “El Camino Specific Plan” that
incorporates both proposed development projects as well as the City-owned properties
situated between them. This approach would involve the preparation of one
Programmatic Environmental Impact Report (EIR) that would collectively evaluate the
environmental impacts of a larger combined project. The EIR will include technical studies
that evaluate the entirety of the 7.3-acre Specific Plan study area.
On October 20, 2020, the City Council approved and authorized the City Manager to
execute a PSA with T&B Planning, Inc. for the preparation of an EIR to study the proposed
Playhouse project, at a cost not-to-exceed $254,141.82. Staff is recommending that the
prior PSA with T&B Planning, Inc. be voided and replaced with a new PSA that reflects
the 7.3-acre Specific Plan study area, at a cost not-to-exceed $342,923, to be funded by
the Applicant.
Environmental Impact Report
Staff has determined that the proposed project requires the preparation of an EIR in
accordance with the California Environmental Quality Act (CEQA). The Applicant
expressed a desire for the City to use T&B Planning, Inc. as the environmental consultant
to prepare the necessary project EIR. Since T&B Planning, Inc. is on the City-approved
Master Consultants List, which means that the firm has successfully completed the
prequalification process for preparing CEQA documents for projects within San Juan
Capistrano, only T&B Planning, Inc. was requested to submit a proposal for preparation
of the El Camino Specific Plan project EIR.
T&B Planning, Inc. 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 it is thorough and
complete. While the project Applicant supports staff’s recommendation, T&B Planning,
Inc. will operate independently and report only to City staff, not the Applicant.
City Council Agenda Report
May 4, 2021
Page 3 of 4
Upon execution of the PSA, T&B Planning, Inc. would commence preparation of an EIR,
which is expected to be completed in approximately one year. Once the EIR 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.
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 T&B Planning, Inc., 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 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 T&B Planning,
Inc. 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 April 6, 2021, the City Council approved a resolution initiating a study of a
proposed General Plan Amendment and initiated a study of a proposed Rezone
and Code Amendment involving a 7.3-acre area located between 26874 Ortega
Highway and 31882 Camino Capistrano.
• On January 19, 2021, the City Council approved a resolution initiating the study of
a proposed General Plan Amendment, Code Amendment and Rezone study for
the proposed Forster & El Camino mixed-use project.
• On September 1, 2020, the City Council approved a resolution initiating the study
of a proposed General Plan Amendment, Code Amendment and Rezone study for
the proposed Playhouse office/commercial project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On January 14, 2021, the Design Review Committee reviewed the conceptual
plans for the Forster and El Camino project and provided preliminary feedback on
the design aspects of the project to the Applicant.
• On January 14, 2021, the Design Review Committee reviewed the conceptual
plans for the Playhouse project and provided preliminary feedback on the design
aspects of the project to the Applicant.
City Council Agenda Report
May 4, 2021
Page 4 of 4
NOTIFICATION:
The following individuals have been notified of this item:
Brent Little, Camino Capistrano OZ, LLC
T&B Planning, Inc.
Interested Parties Notification List
ATTACHMENT(S):
Attachment 1 - Project Vicinity Map
Attachment 2 - Professional Services Agreement with T&B Planning, Inc.
Former
Caltrans
Parcel
Location Map
Blas
Aguilar
Adobe
Specific Plan Boundary
Playhouse Project
Forster & El Camino Project
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CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of May 4, 2021, 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 T&B Planning Inc., a California corporation with its principal place of business
at 3200 El Camino Real, Suite 100, Irvine, CA 92602 (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 Impact Report (EIR) for the El Camino Specific Plan project
(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 $ 342,923.00. 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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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. Term.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The
Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
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9. Assignment 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 by virtue of this Agreement.
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. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
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a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $2,000,000 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 A.M. Best's rating of no less than A:VII 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 (as defined in Civil Code § 2295) 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. California Labor Code Requirements.
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 Nicole Morse 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: David Contreras, Principal Planner
CONSULTANT:
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
Attn: Nicole Morse, Principal
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and shall be effective upon receipt thereof.
22. Third 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. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
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 and signed by the party against whom
enforcement is sought.
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
11
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]
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 2
T&B Planning, Inc.
EXHIBIT A: SCOPE OF WORK
Project Understanding
The Project Applicant (Frontier Real Estate Investments) is seeking to redevelop an approximately 7.33-acre
property located in the City of San Juan Capistrano. The Project site is located at 31878 Camino Capistrano and
31776 El Camino Real (APNs: 124-160-63, 124-160-57, 124-160-55, 124-160-27, 124-160-08, 124-160-10, 124-
160-09, 124-160-011, 124-160-12, 124-160-37, 124-160-52, and 124-160-51) and is bordered by Ortega Highway
to the north, Del Obispo Street to the east, commercial uses to the south, and El Camino Real and Camino
Capistrano to the west.
Playhouse Project:
Under existing conditions, the subject site is City owned and includes the Camino Real Playhouse, Historic Town
Center Park/Blas Agular Adobe Museum, vacant land, and associated parking and landscaping, including the
former Caltrans parcel. The Camino Real Playhouse was opened in the early 1990s and is a community performing
arts center. North of the existing Playhouse on-site is an outdoor parking area with approximately 108 parking
stalls. The 1.0-acre Historic Town Center Park/Blas Agular Adobe Museum is located between the 1.68-acre
Playhouse property and 3.15-acre vacant site. No development will occur on the 1.0-acre Historic Town Center
Park/Blas Agular Adobe Museum property.
Under the Playhouse Project, the Project Applicant proposes to demolish the existing Camino Real Playhouse
building and associated parking lot and redevelop the 1.68-acre site with mixed-use project consisting of 14,941
square feet of ground floor retail and restaurant space and 12,452 square feet of second level professional office
space, 208 structured parking stalls, and a three-story parking structure with an FAR of 0.37 at 31776 El Camino
Real.
Forster & El Camino Project:
Additionally, the Forster & El Camino Project t includes the development of the 3.15-acre vacant site with mixed-
use development located at 31878 Camino Capistrano. The mixed-use development will consist of four 1 to 4-
story buildings with 95 apartments, a 3,000 square foot fitness center, a 4,000 square foot restaurant building, a
3,500 square foot clubhouse, 28,046 square feet of open space, and 181 above and underground parking stalls. A
potential performing arts center on a 1.5-acre site located at eastern portion of the City-owned Historic Town
Center Park is also identified as a future phase. The San Juan Performing Arts Center will replace the existing
Camino Real Playhouse. Access and parking for the future performing arts center will be integrated with the
mixed-use development.
Proposed Entitlements:
The City of San Juan Capistrano General Plan designates the subject property as General Commercial and a zoning
designation of Town Center. The Historic Town Center Park and Blas Agular Adobe Museum site has a General
Plan land use designation of Specialty Park and a zoning designation of Community Park District. The subject
property is further regulated by the Town Center and Town Center Edge District, which describes the allowable
land uses and provides development standards that are specific to the City’s historic town center. Surrounding
land uses include Public and Institutional and Medium High Density to the north, General Commercial to the east,
EXHIBIT A
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 3
T&B Planning, Inc.
General Commercial to the south, and General Commercial to the west. Specifically, the San Juan Elementary
School is to the north and the Downtown Historic Town Center is to the west.
Implementation of the El Camino Specific Plan Project (Project) would require a General Plan Amendment, Code
Amendment, and Rezone to create a Specific Plan that will encompass the proposed development scenario. If
approved, the allowable uses and development standards of the site would be governed by the proposed Specific
Plan and not the Municipal Code. However, the proposed Specific Plan could incorporate a mix of existing
standards as well as new standards which would provide the Project Applicant with greater flexibility to design
the Project in a manner that is compatible with the Historic Town Center.
The City has determined that an EIR is required to comply with the California Environmental Quality Act (CEQA).
CEQA Guidelines Section 10563 states that when the lead agency can determine that an EIR will clearly be required
for the Project, an initial study is not required. Accordingly, our approach is to prepare a Notice of Preparation
(NOP) and move forward immediately with an Environmental Impact Report (EIR) without preparing an initial
study.
Scope of Work
Provided below is T&B Planning’s proposed work program and budget for completing the required EIR for the El
Camino Specific Plan Project. Please note that the SCOPE OF WORK described below will likely not be undertaken
chronologically as presented. To expedite the process, there may be overlap on the timing of each task.
PHASE 1 ENVIRONMENTAL SCOPING
Task 1.1 Project Initiation and Data Acquisition/Review
T&B Planning will initiate work by collecting and reviewing information about the Project and property provided
by the City, including materials on file with the City and provided by the Project Applicant, Project engineer, and
Project architect. The following technical studies are anticipated to be prepared by the Project Applicant, peer
reviewed and approved by the City, and provided to T&B Planning:
•Geotechnical Report
•Phase I Environmental Site Assessment (ESA)
•Hydrology Report
•Water Quality Management Plan
T&B Planning will conduct a field visit and take photographs to document existing site conditions, surrounding
development, and other aspects of the site’s physical and environmental setting that will warrant consideration
in the environmental analysis. We will invite City staff to accompany us, if City staff would like to participate in the
field visit. The site visit will also provide T&B Planning with a foundation for reviewing the complete entitlement
application package submitted by the Project Applicant. The photos we collect will be GPS-referenced and will be
used as the baseline for EIR analysis as required by CEQA.
Task 1.2 Prepare Project Description
T&B Planning will work with the City staff to prepare a formal Project Description that will be used throughout the
CEQA compliance process. The Project Description will include both text and exhibits and describe the proposed
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 4
T&B Planning, Inc.
Project and its construction and operational details. We expect that a majority of the exhibits will be taken from
the Project Applicant’s application materials that are on file with the City, with minimal graphic manipulation
required by T&B Planning for legibility. Because the Project Description will form the basis for analysis within the
CEQA document, we recommend that the Project Applicant be contacted to verify accuracy of the assumed
construction and operational characteristics associated with the proposed Project. Additionally, the Project
Description will describe any required off-site improvements.
The budget for this task anticipates that the Project Applicant’s civil engineer and architect will provide technical
files and plans to T&B Planning in both CAD format (including all x-refs, fonts, and pen settings) and in Portable
Document Format (PDF).
Task 1.3 Prepare NOP and Evaluate NOP Comment Letters
Based on discussions with the City, we understand that an Initial Study will not be prepared because the City has
determined that an EIR is required. T&B Planning will prepare a draft NOP for City review and signature. T&B
Planning will distribute the NOP for public review to the State Clearinghouse, responsible agencies and interested
parties, and the County of Orange Clerk Recorder as provided under Task 5.3. This task assumes that the City will
publish the NOP in the newspaper and mail the notice to adjacent landowners. During the 30-day public review
period of the NOP, T&B Planning will periodically contact City staff and request that they forward copies of any
public comment letters as they are received. We will review the comment letters to ensure that relevant
comments are addressed in the EIR. If any comments necessitate an expanded scope of analysis in the EIR, we
will immediately reevaluate our scope of work and notify the City.
PHASE 2 TECHNICAL REPORT PREPARATION
The following reports will be prepared by subconsultants under sub-contract to T&B Planning. If the Project
Applicant opts to prepare any of the reports for our use, we will revise the scope of work presented to below to
provide peer review of Applicant-submitted reports.
Task 2.1 Air Quality, Greenhouse Gas, and Energy Technical Study (PlaceWorks)
PlaceWorks will prepare an air quality, greenhouse gas (GHG) emissions, and energy technical analysis to evaluate
potential air quality impacts associated with the Project based on the current methodology of the South Coast Air
Quality Management District (South Coast AQMD), and modeled using the California Emissions Estimator Model
(CalEEMod).
Criteria Air Pollutant and GHG Emissions. The proposed Project would generate an increase in criteria air pollutant
and/or GHG emissions from transportation sources, energy (natural gas and indirect emissions from purchased
electricity), area sources (landscape emissions, consumer products), indirect emissions from water use and
wastewater generation, and indirect emissions from waste disposal. The emissions inventory and forecast
(buildout) will be developed for the Playhouse Project, Forster & El Camino Project and for the Performing Arts
Center components of the Project based on the existing and proposed land uses and weekday and weekend daily
trips and weekday vehicle miles traveled provided by a traffic engineer. The air quality and GHG technical analysis
will provide an estimate of the increase in long-term emissions from operation of the Project compared to South
Coast AQMD’s significance thresholds.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 5
T&B Planning, Inc.
Construction Emissions. PlaceWorks will estimate construction emissions associated with the development of the
proposed Project. The construction phase regional emissions inventory for the Playhouse Project, Forster & El
Camino Project and for the Performing Arts Center components of the Project will be based on the construction
schedule, including duration for each construction subphase, anticipated equipment for each construction
subphase, and demolition and soil haul (if applicable) volumes as provided by the Applicant. Project-related
construction emissions will be compared to the South Coast AQMD regional significance construction thresholds.
Localized air pollution impacts from onsite construction equipment exhaust and fugitive dust will also be
compared to South Coast AQMD’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.
Energy Analysis. PlaceWorks will quantify existing and Project energy use associated with the on-road fuel usage
based on VMT provided by the traffic engineer using EMFAC2017 and energy (i.e., natural gas and electricity)
demand based on the CalEEMod outputs conducted for the air quality and GHG analysis. PlaceWorks will also
provide an overview and review of the Project’s consistency with the California Renewables Portfolio Standard
Program (RPS) and other energy-related regulations.
AQMP Consistency and Other Air Quality Impacts. The South Coast Air Basin (SoCAB) is currently designated
nonattainment under the National and/or California ambient air quality standards (AAQS) for ozone (O3), fine
inhalable particulate matter (PM2.5), coarse inhalable particulate matter (PM10), and lead (Los Angeles County
only). South Coast AQMD has adopted air quality management plans (AQMPs) to ensure the SoCAB can attain the
long-term National and California AAQS. The analysis will include a consistency evaluation of the Project’s regional
emissions to South Coast AQMD’s AQMP. Furthermore, the SoCAB has been designated in attainment for carbon
monoxide (CO) under both the California and National AAQS; therefore, the air quality analysis will include only a
qualitative assessment of CO hotspots. PlaceWorks will also describe potential odor impacts qualitatively.
Consistency with GHG Reduction Plans. The GHG analysis will discuss the GHG reduction goals of Assembly Bill 32
(AB 32), Senate Bill (32), Executive Order S-03-05, and Senate Bill 375 (SB 375). To achieve the GHG reduction
targets of SB 32 the California Air Resources Board (CARB) prepared the 2017 Scoping Plan. In addition, the
Southern California Association of Government’s (SCAG) anticipates adoption of the 2020 Regional Transportation
Plan/Sustainable Communities Strategy (RTP/SCS) (Connect SoCal) to ensure that the southern California region
can attain the regional transportation-related GHG reduction goals of Senate Bill 375 (SB 375). Project consistency
with statewide and regional local GHG emissions reduction strategies will be reviewed.
The results of the technical analyses described above will be compiled in a Technical Study. Model outputs will be
included as an appendix.
Task 2.2 Construction Health Risk Analysis (PlaceWorks)
PlaceWorks will prepare a construction-related health risk assessment (HRA) to analyze the Project’s off-site
community health risks from toxic air contaminant emissions generated from Project-related construction
activities associated with the Playhouse Project and the Forster & El Camino Project Development. Because the
San Juan Performing Arts Center is a future phase, a construction health risk assessment for this component of
the project is not proposed for this program-level evaluation. Construction-related diesel particulate matter
(DPM) emissions from off-road equipment and truck hauling impacts will be identified at the nearest sensitive
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 6
T&B Planning, Inc.
receptors based on specific construction-related characteristics either provided by the applicant or compiled for
the Project (e.g., construction duration, equipment use, construction phasing). Construction emissions will be
based on the regional construction emissions inventory (see Task 2.1). Dispersion modeling will be performed
using AERMOD, and short-term and long-term health risks will be determined for off-site sensitive receptors,
including San Juan Capistrano Elementary School, Mission Basilica School and residences within 1,000 feet of the
site.
The results of the construction HRA analysis will be incorporated into the Air Quality, GHG and Energy Technical
Study, and the full methodology and modeling datasheets will be included as a separate technical memorandum
with appendices.
Task 2.3 Noise and Vibration (PlaceWorks)
PlaceWorks will evaluate potential noise and vibration impacts for the construction and operational phases of the
proposed Project. The noise study will discuss relevant criteria for noise exposure based on applicable federal,
state, and local standards and ordinances, including applicable standards from the Municipal Code and General
Plan Noise Element.
Existing Conditions. The dominant noise source in the Project is traffic on I-5 and local roadways. PlaceWorks
proposes to assess existing conditions and other environmental characteristics, based on available data from the
General Plan, aerial photography from site visits and Google Earth, and traffic noise modeling. No ambient noise
monitoring is proposed.
Operational Noise. Long-term operational noise impacts will be primarily related to traffic trip generation from
the proposed commercial and retail uses. Long-term operational noise will be addressed using information
supplied by the applicant such as proposed hours of operation. In addition, the traffic forecasts included in the
Project’s traffic study will be used to conduct a traffic noise impact assessment. For the purpose of our cost
estimate, we assume that the Applicant’s traffic engineer can provide with and without Project average daily
segment volumes for the traffic scenarios analyzed. Noise from stationary sources at the site (such as rooftop
mechanical equipment, loading, and parking lot noise) would be addressed as well.
Construction Noise and Vibration. Project-related construction noise will temporarily elevate the ambient noise
environment, above existing conditions. An assessment of temporary noise and vibration impacts during Project
construction activities will be conducted using industry-standard analysis techniques and using scheduling,
equipment mix, hauling, and truck trip information (as provided by the applicant). Construction and vibration
impacts will be assessed per criteria included in the Federal Transit Administration’s (FTA) guidelines on noise and
vibration impact assessment.
The findings of the technical analyses and impact assessment will be provided in a noise and vibration technical
report, along with mitigation measures for any potentially significant noise and vibration impacts. Noise modeling
outputs will be provided in an appendix.
Task 2.4 View Simulations (PlaceWorks)
3-Dimensional Model. PlaceWorks will prepare a 3-dimensional (3D) model of the site conditions post-
development. This model will include the proposed grading, architecture and landscape conditions of the
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 7
T&B Planning, Inc.
proposed development at completion. The model will be created with the use of Autodesk® AutoCAD 2019®,
SketchUp, and Lumion rendering software to provide a model that can best represent as close to reality as
possible. It is expected that the Project architect would provide files of the following items: Grading plan for the
4 areas of the Project, Architectural 3D models for the proposed buildings on Playhouse Project site, Architectural
3D models for the proposed buildings on Forster & El Camino Project, and Architectural 3D models for the
proposed buildings on San Juan Center for Performing Arts Center site. If Architectural 3D models will not be
provided, a simple conceptual massing model (Approximate height and shape, no color) can be created at no
additional cost or PlaceWorks can build the architectural model for an additional cost depending on the level of
detail needed.
Visual Simulations and Renderings. PlaceWorks will prepare a series of eight (8) visual simulations at selected view
locations. This work effort will require the completion of 3D model. The view simulations will use the combination
of computer-generated renderings from the 3D model in addition to photos taken at the selected eight (8)
locations. The use of both photographic data and rendered model data will provide as close to as possible a
realistic representation of the site and surroundings post development.
Task 2.5 Archaeological, Built Environment, and Paleontological Resources Report (Cogstone)
Cogstone will prepare a combined archaeological, built environment, and paleontological resources assessment
report. The report will characterize the results of the records searches (from the South Central Coastal Information
Center and Los Angeles County Museum of Natural History), review of archival records (historic maps and aerials),
consultation with local historical societies, and develop brief contexts for historical, cultural, and paleontological
resources.
Cogstone’s qualified archaeologist cross-trained in paleontology will complete an intensive-level pedestrian
survey. Several archaeological sites are located within the Project site. We assume a max of two DPR 523 forms
will require updating. Cogstone’s Architectural Historian will conduct a built environment survey of the Project
site and conduct a viewshed analysis of potential impacts to the adjacent Blas Aguilar Adobe. We assume a total
of two (2) built environment resources will require recording on DPR 523 forms.
Cogstone’s report will make appropriate recommendations to avoid or minimize any potentially significant
impacts in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the
Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995).
Task 2.6 Focused Traffic Impact Analysis (Linscott, Law & Greenspan, Engineers)
Linscott, Law & Greenspan, Engineers will provide a Focused Traffic Impact Analysis, Parking Demand Analysis,
Site Access and Internal Circulation Evaluation, and Vehicle Miles Traveled (VMT) analysis for the proposed Project
pursuant to City of San Juan Capistrano Administrative Policy 310, Preparation and Use of Traffic Reports and in
consideration of the City’s Parking requirements. For the purposes of this proposal, the Focused Traffic Impact
Analysis will focus on the Project’s traffic impacts at ten (10) intersections, up to four (4) Project Driveways, seven
(7) roadway segments and Synchro Operational Analysis for one (1) roadway segment consisting of up to six (6)
intersections for the study area. In lieu of traffic counts, LLG will establish existing conditions by factoring data for
five (5) key locations by 0.5% per year per City’s direction. A total of seven (7) traffic impact scenarios will be
provided, including an analysis of the potential future extension for Forster Street.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 8
T&B Planning, Inc.
The proposed Project’s Focused Traffic Impact Analysis, Parking Demand Analysis and Vehicle Miles Traveled
(VMT) Analysis will satisfy the requirements of the City of San Juan Capistrano, and will be consistent with the
current Orange County Congestion Management Program (CMP) Traffic Impact Analysis Report (TIA) Guidelines.
Task 2.7 Biological Resources Letter Report (Glenn Lukos Associates)
Glenn Lukos Associates will provide a Biological Resources Report which will consist of a literature review using
the California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife Service (USFWS) species occurrence data,
and a site review of potential habitat for sensitive species that could pose a constraint to a Project. The regulatory
overview consists of the review of the potential jurisdictions of: (1) the U.S. Army Corps of Engineers (Corps)
pursuant to Section 404 of the Clean Water Act (CWA); (2) the California Department of Fish and Wildlife (CDFW)
pursuant to Section 1602 of the California Fish and Game Code; and (3) the California Water Quality Control Board
(Regional Board) pursuant to Section 401 of the CWA and Section 13260 of the California Water Code.
A biologist will conduct a site reconnaissance of the property to determine whether any sensitive species and/or
communities are likely to occur on site. If any sensitive species or potential habitat for such species or sensitive
communities are identified on site and could pose a constraint to the Project, their presence will be noted and
locations will be provided on a site map, as applicable. As part of the site reconnaissance, the biologist will also
conduct a tree survey to map, tag, and catalog the circumference (or diameter at breast height) and health
condition of each tree that may be subject to a tree permit by the City of San Juan Capistrano.
Upon completion of the fieldwork, GLA will prepare a letter report to document the findings concerning potential
Corps, Regional Board, and/or CDFW potential jurisdiction on the site. The letter report will also include the results
of the CNDDB and CNPS review, soil map review, site survey, and tree survey. Any sensitive species and/or
communities identified on site or with the potential to occur on the property will be discussed. If necessary,
a site map depicting the locations of sensitive species and/or communities will be provided. Included in the
report will be recommendations for additional focused surveys if it is determined that such surveys are
warranted. Based on the site’s existing developed conditions, it is not expected that focused surveys for special-
status plant or animal species would be necessary. The site also does not appear to support any jurisdictional
waters.
PHASE 3 PREPARE DRAFT ENVIRONMENTAL IMPACT REPORT
Task 3.1 Prepare Administrative Draft EIR
T&B Planning will prepare a Preliminary Draft EIR in accordance with State and City of San Juan Capistrano
guidelines. We will begin by preparing all EIR sections that are not reliant on technical studies. EIR sections that
are reliant on technical studies will be prepared following City of San Juan Capistrano approval of each respective
technical study. The EIR will include the following sections:
Executive Summary. This introductory section will provide a synopsis of each Project component; a
summary of the Project Alternatives, including an identification of the “Environmentally Superior
Alternative,” and a brief discussion of areas of controversy and issues to be resolved by the decision-
making body. The Executive Summary also will include a Summary Table which will identify the impact,
level of impact significance before mitigation measures, mitigation measures, and level of impact
significance after mitigation measures are applied.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 9
T&B Planning, Inc.
Introduction. The Introduction will explain the purpose of the EIR, the legal authority for preparation of
the EIR, and the EIR process. Relationship to the City’s General Plan and General Plan EIR will be discussed.
In addition, the Introduction will identify the Lead Agency (City of San Juan Capistrano), Responsible
Agencies, and/or Trustee Agencies. The relationship of each component of the Project to future Project
approvals and/or environmental permits also will be described.
Environmental Setting. The Environmental Setting will describe the Project’s location, geographic and
physical setting, surrounding land uses, and the physical environmental conditions of the property as they
existed on the date of the EIR’s NOP issuance. A brief overview of the environmental conditions of the
Project area also will be provided. In addition, a summary of the existing planning and policy context will
be presented, including the property’s relationship to the General Plan, zoning, and other applicable
regional plans and policy documents.
Project Description. The Project Description, which will be based on the Project Description prepared as
part of Task 1.2, will be used as the basis for the impact analysis throughout the EIR. This section will
include a brief description of the Project’s location and setting. This section also will identify the Project’s
objectives, which will form the basis for subsequent analysis of Project Alternatives. In addition, an
extensive description of the proposed Project will be included, which will consist of a summary of actions
that may be associated with implementation of the proposed Project. Any areas anticipated to be
impacted by off-site improvements also will be described in this section. Finally, the Project Description
will document any and all anticipated subsequent approvals, including approvals that may be required
from federal, State, and/or local agencies. Exhibits will be included in this section as necessary to describe
the proposed Project.
Environmental Analysis. The analysis of environmental effects section will address each environmental
issue identified in the NOP and scoping process for evaluation, in the following general manner. The
existing conditions/environmental setting as it relates specifically to the environmental topic under
evaluation will be described to establish a baseline for conducting the environmental analysis. As
necessary and appropriate, a description of key terminology and concepts associated with the
environmental issue area will be presented, followed by a discussion of any regulatory requirements that
may apply. Next, the significance criteria will be listed and will be accompanied by a justification as to the
appropriateness of the criteria selected for evaluation. An analysis will then be presented for each
significance criteria, and the analysis will provide a clear description and conclusion as to the level of
significance of Project impacts, prior to mitigation.
The analysis also will include a discussion of potential growth inducing impacts and potential cumulative
impacts, which are defined as those which by themselves may not result in significant impacts but when
combined with similar impacts from existing, approved-but-not-yet-built or planned projects would be
cumulatively significant. T&B Planning will rely on City staff and LLG to identify surrounding projects to be
included in the cumulative impact analysis. For each significant impact identified, feasible and enforceable
mitigation measures will be presented. Finally, each chapter in this section will provide a conclusion as to
the level of significance following implementation of recommended mitigation measures will be
determined.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 10
T&B Planning, Inc.
Based on our preliminary knowledge of the proposed Project and our suggested approach for completing
the environmental documentation, this proposal assumes the following 17 environmental issue areas will
be addressed in the EIR:
o Aesthetics
o Air Quality
o Biological Resources
o Cultural Resources
o Energy
o Geology/Soils
o Greenhouse Gas Emissions
o Hazards & Hazardous Materials
o Hydrology/Water Quality
o Land Use/Planning
o Noise
o Population/Housing
o Public Services
o Recreation
o Transportation
o Tribal Cultural Resources
o Utilities/Service Systems
Environmental Effects Found Not to be Significant. The EIR will summarize unavoidable impacts of the
Project and will identify whether or not the impacts will be mitigated to below a level of significance. The
EIR also will disclose significant irreversible environmental changes which would be involved in the
proposed action should it be implemented. A discussion of growth inducement will focus on elements of
the proposed Project that could remove obstacles to growth in the area, such as expanded water and
sewer service capabilities or the provision of improved roadway connections. Lastly, this section will
disclose effects that were found not to be significant and that do not warrant an in-depth analysis in the
EIR (i.e., assumed as Agriculture & Forestry Resources; Mineral Resources; Wildfire).
Project Alternatives. The Project Alternatives section will be based on a description of reasonable Project
Alternatives defined in consultation with City staff and the Project Applicant. Each alternative identified
in this section will be intended to meet the Project’s primary objectives while minimizing or eliminating
significant environmental effects associated with the proposed Project. For purposes of budgeting for this
task, it is expected that three (3) alternatives will be presented in the EIR, including the No Project/No
Development Alternative and No Project/Existing Zoning. If exhibits illustrating the alternatives are
required, the exhibits shall be provided by the Project Applicant’s engineer, at a level of detail that
facilitates their analysis as required under CEQA.
References. This required section will identify all reference sources used and persons contacted in order
to prepare the EIR.
Upon completion of the Preliminary Draft EIR, the EIR document and its supporting technical reports will be
submitted to the City of San Juan Capistrano.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 11
T&B Planning, Inc.
Task 3.2 Revise Administrative Draft EIR per City Comment
Based on City of San Juan Capistrano staff review of the Administrative Draft EIR document, T&B Planning will
revise the EIR document to respond to comments, questions, and requests for clarification. This proposal
anticipates that comments will be moderate in scope and complexity. If requested, all document revisions will be
indicated in strikeout/underline format based on comments provided by City staff. For the purpose of creating a
budget for this task, we anticipate that the City will not require substantial changes to the Project Description or
request substantial expansions to any technical studies prepared in support of the EIR.
Upon completion of the revised Administrative Draft EIR, the EIR document will be submitted to the City for
review. The budget for this task anticipates that only minor document revisions will be requested from the City
following submittal of the revised Administrative Draft EIR document. Following City review of the revised
Administrative Draft EIR document, it is anticipated that the City will clear the EIR for public review. We anticipate
that two review cycles of the Administrative Draft EIR will be sufficient; however, if the City requests a third review,
T&B Planning may arrange a meeting with appropriate City staff to discuss the City’s comments and recommend
appropriate ways to address their concerns. Additional budget would be required to revise the Administrative
Draft EIR should a third review of the document be necessary.
Task 3.3 Prepare Mitigation, Monitoring, and Reporting Program (MMRP)
T&B Planning will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law
and City requirements to ensure implementation of mitigation measures, standard conditions, and project design
features assumed in the EIR’s analysis of impacts. The MMRP will identify the conclusions drawn by the EIR,
identify the level of impact significance for each significance threshold, and list every mitigation measure listed in
the EIR, with the implementation timing and responsible parties noted. T&B Planning staff is experienced in
preparing practical, easily-implemented mitigation monitoring plans for a wide range of mitigation requirements.
This proposal includes one round of moderate revisions to the MMRP in strikeout/underline format based on
comments provided by City staff.
Task 3.4 Prepare Public Review Draft EIR and Public Notices
Upon receiving City authorization to publish the Draft EIR, T&B Planning will prepare and print for public
distribution the Draft EIR and its Technical Appendices per City direction and State requirements. The budget for
this task assumes distribution of the Draft EIR and Technical Appendices primarily in PDF format, burned to CDs
or USBs with a custom-designed label. A small number of hard copies will be required for distribution to the City
or agencies that require paper copies.
T&B Planning will prepare the Notice of Completion (NOC) and other public notices required for the Draft EIR’s
45-day public review period. T&B Planning also will compile a mailing list that will be based on the list used for the
NOP distribution, with any modifications requested by the City and supplemented by any interested parties who
may have previously requested notification. T&B Planning will request that the City prepare an advertisement for
publication in the local newspaper as required by CEQA. T&B Planning will conduct the DEIR mailing/distribution,
under Task 5.1 and Task 5.3.
During the 45-day review period, written public comment will be directed to the City. We will request that the
City forward copies of the comment letters to T&B Planning as they are received, and then send us the complete
set of original letters at the close of the public comment period. This will ensure that we have a complete package
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 12
T&B Planning, Inc.
and allow for scanning at the best quality possible. If any comments necessitate an expanded scope of analysis in
the Final EIR, we will immediately evaluate our scope-of-work and notify the Project Applicant.
PHASE 4 PREPARE FINAL EIR AND RESPONSES TO PUBLIC COMMENT
Task 4.1 Prepare Response to Public Comments and Administrative Draft Final EIR
Upon completion of the 45-day public review period, T&B Planning will prepare written responses to all comment
letters received. All comments received in response to the Draft EIR will be discussed with City staff, the Project
Applicant, legal counsel, and the technical consultants as necessary, and an approach to the responses will be
agreed upon prior to preparation of the draft Response to Comments. The draft Response to Comments will be
submitted to the City and the Project Applicant for review and approval. The budget assumes 100 hours of staff
time to complete.
Concurrently, we also will incorporate any necessary revisions into the EIR document to clarify or correct
information in support of the draft Response to Comments. Any such revisions will be shown in
strikeout/underline format. If any comments necessitate an expanded scope of analysis in the Final EIR or
additional technical analysis, T&B Planning will immediately evaluate our scope-of-work and notify the City. A new
section in the EIR (“Final EIR”) will be drafted to document the public review process for the EIR, summarize the
comment letters received, and identify the nature, location, and reason for any and all revisions incorporated into
the final document. This new section also will provide a discussion and rationale for why recirculation of the Draft
EIR for an additional 45-day public review period is not required pursuant to CEQA Guidelines Section 15088.5.
The Final EIR section and any changed pages in the Draft EIR will be submitted for the City’s initial review, along
with copies of the draft Response to Comments and electronic versions of the Final EIR section, changed pages,
and Responses to Comments. Following receipt of comments from the City and/or the Project Applicant, T&B
Planning will incorporate revisions to the Response to Comments and draft Final EIR and re-submit the documents
for City staff approval. At this stage, major revisions are not expected, nor budgeted. Once approved by City staff,
T&B Planning will publish copies of the draft Final EIR for use by decision-makers and City staff during the public
hearing process.
Task 4.2 Prepare Findings of Fact and Statement of Overriding Considerations
T&B Planning will prepare the CEQA documents required for the Final EIR public hearings, including the draft
Statement of Overriding Considerations (if required) and the Section 15091 CEQA Findings of Fact (requiring a
summary of each effect, identification of one or more of the required CEQA findings, listing of the associated
mitigation measures, and the rationale for implementing the measures). This document will be submitted to the
City Attorney for review.
Following review of the first draft, it is anticipated that the City Attorney may request minor revisions to clarify or
expand on the findings and/or rationale for adopting a Statement of Overriding Considerations. The budget for
this task assumes one round of revisions to the Findings of Fact/Statement of Overriding Considerations, following
which the final document will be submitted to the City for final review and approval.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 13
T&B Planning, Inc.
Task 4.3 Prepare Final EIR and NOD
Upon receiving the City’s approval of the Response to Comments, T&B Planning will finalize the administrative
draft Final EIR document and print an appropriate number of copies for use by the decision makers during the
public hearing stages. As required pursuant to CEQA Guidelines Section 15088(b), the Response to Comments
must be distributed via certified mail to all public agencies that commented on the Draft EIR at least 10 days prior
to certification of the Final EIR. T&B Planning will distribute the Response to Comments via certified mail under
Task 5.1 and Task 5.3.
After certification of the Final EIR by the Lead Agency, T&B Planning will prepare a Notice of Determination (NOD)
form pursuant to Section 15094 of the CEQA Guidelines. Once reviewed and approved by City staff, T&B Planning
will post the NOD with the County Clerk. Timely filing of the NOD – within five (5) working days of final decision
by the lead agency (City of San Juan Capistrano) – reduces the statute of limitations on court challenges to the
CEQA approval from 180 days to 30 days.
PHASE 5 MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL
Task 5.1 Project Management, Meetings, SB18/AB52 Coordination
This task is intended to cover coordination tasks associated with T&B Planning’s work. This includes time spent by
T&B Planning in attending meetings, preparing/updating project schedules, or in coordinating/communicating via
phone, e-mail, letter and/or web-based conferencing with City staff, City Attorney, and public agencies. This task
includes ten (10) meetings with staff, including a kick-off meeting, progress meetings to discuss preparation of the
Administrative Draft EIR, Draft EIR, and responses to public comments. This task will commence upon
authorization of this contract and will continue throughout the duration of the Project. We have budgeted for 10
hours per month over a 12-month schedule (120 hours).
Task 5.1 also includes attendance at an EIR Scoping Meeting, which will be conducted in-person. Nicole Morse will
attend the Scoping Meeting, expected to be presented in an open house format. She will be available to response
to CEQA related questions and discuss the various aspects of the Project to solicit comments regarding the scope
and content of the EIR, in coordination with City staff. Project-related graphics are expected to be provided by the
Project Applicant. The Scoping Meeting will be noticed along with the NOP (see Task 1.3).
Task 5.1 also includes up to 12 hours of T&B Planning staff time assistance to the City associated with Native
American tribal consultation, pursuant to the requirements of Senate Bill (SB) 18 and Assembly Bill (AB) 52. T&B
Planning will initiate the consultation process by obtaining the City’s AB52 list, and also by contacting the Native
American Heritage Commission (NAHC) for a list of Native American tribes with traditional lands or places within
the geographical area affected by the proposed Project pursuant to SB18. After the contact information is
received, T&B Planning will assist the City in sending a letter via certified mail and email to each identified Native
American tribe informing them of their opportunity to consult with the City regarding the proposed Project. If
requested by the City, T&B Planning will attend consultation meetings with representatives of any and all Native
American tribes that request a consultation meeting.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 14
T&B Planning, Inc.
Task 5.2 Attend Public Hearings
Nicole Morse will attend public hearings to represent the EIR. We expect two (2) hearings before the City Planning
Commission and two (2) hearings before the City Council. We anticipate that City staff will prepare all visuals and
handouts for the public hearings to represent the EIR.
Task 5.3 Document Publishing and Distribution
Work conducted under this task includes compilation, printing, and distribution of the NOP, Administrative Draft
EIRs, Draft EIR, and Final EIR. These documents are required to be distributed in both PDF and hard copy formats.
Work efforts include creating master PDFs, burning documents to CDs or flash drives, creating custom CD labels,
coordinating hard copy printing, and document distributions via mail, certified mail, delivery service, or other
methods. This task includes reimbursable expenses including printing, postage, delivery fees, California
Department of Fish and Wildlife fees, and County Clerk fees.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit B: Project Budget
Page 15
T&B Planning, Inc.
EXHIBIT B: PROJECT BUDGET
The services set forth in EXHIBIT A, Scope of Work, shall be provided pursuant to the following cost estimate:
Phase/Task Description Fee Type Budget Amount
Phase 1 Environmental Scoping
Task 1.1 Project Initiation and Data Acquisition/Review Fixed Fee $5,880.00
Task 1.2 Prepare Project Description Fixed Fee $4,480.00
Task 1.3 Prepare NOP and Evaluate NOP Comment Letters Fixed Fee $2,100.00
Sub-Total - Phase 1: $12,460.00
Phase 2 Technical Report Preparation
Task 2.1 Air Quality, GHG, and Energy Technical Study (PlaceWorks) Sub-Consultant $28,035.00
Task 2.2 Construction Health Risk Analysis (PlaceWorks) Sub-Consultant $10,450.00
Task 2.3 Noise and Vibration (PlaceWorks) Sub-Consultant $13,755.00
Task 2.4 View Simulations (PlaceWorks) Sub-Consultant $32,640.00
Task 2.5 Archaeological, Built Env, and Paleontological Resources Report (Cogstone) Sub-Consultant $17,712.00
Task 2.6 Focused Traffic Impact Analysis (LLG) Sub-Consultant $46,900.00
Task 2.7 Biological Resources Letter Report (Glenn Lukos Associates) Sub-Consultant $15,370.00
10% Mark up on Subconsultant Fees Sub-Consultant $17,086.00
Sub-Total - Phase 2: $187,948.00
Phase 3 Prepare Draft Environmental Impact Report
Task 3.1 Prepare Administrative Draft EIR Fixed Fee $59,345.00
Task 3.2 Revise Administrative Draft EIR per City Comment Estimated Fee $8,680.00
Task 3.3 Prepare Mitigation, Monitoring, and Reporting Program Fixed Fee $1,010.00
Task 3.4 Prepare Public Review Draft EIR and Public Notices Fixed Fee $5,240.00
Sub-Total - Phase 3: $74,275.00
Phase 4 Prepare Final EIR and Responses to Public Comment
Task 4.1 Prepare Response to Public Comments/Administrative Draft FEIR Estimated Fee $13,995.00
Task 4.2 Prepare Findings of Fact and Statement of Overriding Considerations Fixed Fee $5,440.00
Task 4.3 Prepare Final EIR and NOD Fixed Fee $5,680.00
Sub-Total - Phase 4: $25,115.00
Phase 5 Meetings, Project Management, and Quality Control
Task 5.1 Project Management, Meetings, SB18/AB52 Coordination Estimated Fee $27,080.00
Task 5.2 Attend Public Hearings Estimated Fee $4,920.00
Task 5.3 Document Publishing and Distribution Estimated Fee $2,875.00
Sub-Total - Phase 5: $34,875.00
Total Project Budget: $334,673.00
Reimbursable Expense Allowance (printing, deliveries, etc.) including 10% Mark up: $8,250.00
Total Project Budget (Including Reimbursables): $342,923.00
EXHIBIT B
El Camino Specific Plan CEQA Consulting Proposal
Exhibit C: Hourly Rates and Billing Policy
Page 16
T&B Planning, Inc.
EXHIBIT C: HOURLY RATES AND BILLING POLICY
If at any time during the completion of this Project, we are requested to perform services beyond the Scope of Work or if T&B
Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for such work in accordance
with the hourly rates provided below. The rates identified below shall be in effect for the duration of the contract.
•Principal...................................................................................... $205.00 - $235.00/Hour
•Director of Development Services .............................................. $185.00 - $205.00/Hour
•Senior Associate.......................................................................... $165.00 - $195.00/Hour
•Senior Project Manager.............................................................. $145.00 - $175.00/Hour
•Project Manager/GIS Manager .................................................... $125.00 - $155.00/Hour
•Assistant Project Manager ............................................................ $95.00 - $125.00/Hour
•Analyst – Environmental Compliance ............................................ $85.00 - $115.00/Hour
•Analyst – Development Services .................................................... $85.00 - $115.00/Hour
•Analyst – Graphics/GIS ................................................................. $85.00 - $115.00/Hour
•Analyst – Environmental .................................................................$70.00 - $85.00/Hour
•Planner – Land Use & Entitlements .................................................$70.00 - $85.00/Hour
•Technician – Graphics & GIS ............................................................$70.00 - $85.00/Hour
•Administrative Assistant/Assistant Planner......................................$50.00 - $70.00/Hour
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery services). These
expenses will be billed at cost plus 10% for administration. Expert testimony and litigation support services will be billed at
double the above rates. Mileage is charged at the current Internal Revenue Service reimbursement rate.
We invoice on a monthly basis in proportion to the time spent on the Project to date. Time and materials labor is rounded
to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of task complete. Unless pre-arranged, all
billing statements are due and payable within thirty (30) days of the submittal date. A finance charge of 1½% per month will
be charged on all invoices not paid within thirty (30) days of submittal. T&B Planning’s procedure for prioritizing work is
strongly influenced by timely payment of invoices by the Client. T&B Planning reserves the right to reallocate Estimated Fees
from one Task or Subtask to another Task or Subtask to account for efficiencies and/or unexpected work efforts that may
require additional budget.
Outside professional services performed by other individuals/firms that are sub-contracted through T&B Planning will be
performed only following authorization from the Client. Billing for any services that are sub-contracted will be billed at our
actual cost plus 10% for administrative handling.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve processing and
discretionary approvals by politically influenced agencies and elected officials for which we can provide no guarantee of
success. The compensation for T&B Planning, its sub-consultants and vendors is not dependent on agency concurrence or
approvals.
The Client agrees to limit T&B Planning’s design professional liability to the Client and to all construction Contractors and
Subcontractors on the Project, because of T&B Planning’s negligent acts, errors, or omissions, such that the total aggregate
liability of T&B Planning’s liability shall not exceed $50,000.00 or T&B Planning’s total fee for services rendered on this Project,
whichever is greater.
El Camino Specific Plan CEQA Consulting Proposal
Exhibit C: Hourly Rates and Billing Policy
Page 17
T&B Planning, Inc.
All work products, including but not limited to correspondence, reports and maps, generated for this Project and retained
by T&B Planning in its files shall be stored for a period of five years after completion of the Project and then discarded, unless
T&B Planning is advised in writing by the Client to retain or transfer such files.
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, and delivery services). Provided below are
the estimated costs of such expenses.
•CD-ROM/USB ............................................................................................... $10.00/each
•Black/White 8.5 x 11 Copy/Print ..................................................................... $0.10/page
•Black/White 11 x 17 Copy/Print...................................................................... $0.20/page
•Color 8.5 x 11 Copy/Print. .............................................................................. $1.00/page
•Color 11 x 17 Copy/Print ............................................................................... $1.50/page
•Color Bond Plot .......................................................................................... $10.00/sq. ft.
•Binding Materials ................................................................................................... $3.00
•Book Folding ................................................................................................. $0.15/page
•Aerial Photographs .................................................................................... $200.00/each
•Mileage ................................................................................................. Current IRS Rate
•Mailing ....................................................................................... Current U.S. Postal Rate
•Same-Day Deliveries ...................................................... Current Messenger Service Rate