02-0118_KEETON KREITZER CONSULTING_Agreement AmdAMENDATORY AGREEMENT
This Amendatory Agreement is made this 2)th day of January, 2002, by and
between the City of San Juan Capistrano, hereinafter referred to as "CITY", and
KEETON KREITZER CONSULTING (formerly Keeton Kreitzer and Associates),
hereinafter referred to as "CONSULTANT".
Whereas, CITY and CONSULTANT entered into an agreement dated October
17, 2000 for consultant services to manage the City's Environmental Impact Report
(EIR) consultant so as to assure that all documentation prepared by that consultant is in
full compliance with and implements all applicable provisions of the California
Environmental Quality Act (CEQA) and the City's Environmental Review Guidelines with
regard to Rezone (RZ) 00-04, Architectural Control (AC) 00-07, Home Depot (Lower
Rosan Ranch) on behalf of the CITY; and
Whereas, CITY and CONSULTANT entered into an amendatory agreement
dated August 21, 2001 extending the term of the agreement between CITY and
CONSULTANT to June 30, 2002; and
Whereas, the CITY and CONSULTANT desire to amend the agreement to
include the additional tasks set forth in Exhibit B, attached and incorporated by
reference: and
Whereas, the total compensation for the additional tasks set forth in Exhibit B of
this amendatory agreement shall not exceed Six Thousand Twenty Dollars ($6,020.00);
and
Whereas, the total compensation for the October 17, 2000 agreement's scope of
work tasks totaling Twenty Two Thousand Five Hundred Dollars ($22,500.00) and the
additional tasks set forth in Exhibit B of this amendatory agreement totaling Six
Thousand Twenty Dollars ($6,020.00) shall not exceed Twenty -Eight Thousand Five
Hundred Twenty Dollars ($28,520.00).
NOW, THEREFORE, BE IT RESOLVED between CITY and CONSULTANT as
follows:
Section 1. Amend Section 1 of Page 1 of the October 17, 2000 personal
services agreement to read:
"Section 1. Scope of Work. The scope of work to be performed by
Consultant shall consist of those tasks as set forth in Exhibits A and B,
attached and incorporated herein by reference."
Section 2, Amend Section 3 of Page 1 of the October 17, 2000 personal
services agreement to read:
"Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this project shall
not exceed Twenty -Eight Thousand Five Hundred Twenty Dollars
($28,520.00), as set forth in Exhibits A and B, attached and incorporated
herein by reference."
Section 3. All other terms and conditions of said agreement shall remain in full
force and effect.
ATTEST:
City Clerk
D AS TO FORM:
John R. Shaw, City Attorney
CITY OF SAN JUAN,CAPISTRANO
0
, City Manager
KEETON KREITZER CONSULTING
Keeton K. Kreitzer,
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
PROPOSED HOME DEPOT
SAN JUAN CAPISTRANO, CA
SCOPE OF SERVICES
WORK PROGRAM
A work program has been developed to ensure that the environmental review process is carried out
in accordance with the City's development review procedures as well as the California Environmental
Quality Act (CEQA) and the City of San Juan Capistrano adopted CEQA procedures. The scope of
services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this
proposal includes: (1) the provision of competent, effective CEQA project management, (2) review of
the environmental impact report (EIR) prepared by The Planning Center; (3) oversight of the
environmental review and public participation processes; (4) preparation of requisite public notices,
agendas, and related documents; and (5) representation of the City of San Juan Capistrano staff at public
meetings and hearings. These several objectives will be achieved through the completion of several
work tasks. Each of these work tasks has been identified and described below.
Task One - Proiect Management/Coordination
Project management/coordination will be an integral part of the environmental review process. As
such, KKC will oversee all of the work undertaken by The Planning Center, the consultant selected by
the City to prepare the Draft FIR, and will be responsible for meeting and coordinating with
representatives of the City, The Planning Center, the project applicant and/or representatives, and with
affected and responsible public agencies. In summary, KKC will be responsible for undertaking the
activities listed below:
• Management and oversight of the CEQA process and preparation of the environmental
document.
• Ensure that City policies are incorporated into the Draft environmental document.
• Ensure that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures.
• Coordinate and attend biweekly meetings with City staff and representatives of The
Planning Center, project applicant and/or its representatives, and technical consultants
as determined necessary.
• Coordination and a_tendance at meetings, if determined necessary, with responsible
agencies and/or other affected public agencies with jurisdiction over the project during
the preparation of the Draft FIR.
• Coordination and management of the City's CEQA consultant, The Planning Center,
to ensure that all work undertaken to prepare the Draft FIR is proceeding in accordance
wig -the schedule established for the project.
EXHIBIT A
Task Two - Proiect-Related Meetings
A total of twenty (20) meetings can be accommodated in this work task. Of that total, it is anticipated
that a total of twelve (12) bi-weekly meetings will be conducted with the EIR consultant (The Planning
Center), project applicant, and City staff. In addition, this task will also accommodate one (1) scoping
meeting that will be conducted during the 30 -day Notice of Preparation comment period and up to
three (3) community meetings that will include adjacent property owners as well as other groups and
residents during the EIR preparation process (not including public hearings which are included in Task
Five). Additional meetings that are accommodated in this task include a maximum of four (4) meetings
with responsible agencies, if determinated necessary.
Also included in this task, the Project Manager will be responsible for spending up to ten (10) hours
each month during the environmental review process in the City of San Juan Capistrano Planning
Department. The hours will be determined by the City and depend on the City's desire for the Project
Manager to be available to the City's staff, the EIR consultant and community in order to address issues
and facilitate the preparation of the Draft EIR. The Project Manager will be responsible for maintaining
all of the project -related CEQA files, both at the City and in the office of KKC.
Task Three - Review of Environmental Documents
KKC will be responsible for the reviewing and providing comments on all of the environmental
documents prepared by The Planning Center. Specifically, KKC will review and comment on the
following documents and notices:
• Initial Study/Notice of Preparation
• NOP Distribution List
• Screencheck EIR
• Preliminary Draft EIR
• Notice of Completion
• NOC Legal Notice
• Response to Public Comments/Final EIR
• Mitigation Monitoring and Reporting Program
• Findings of Fact
• Statement of Overriding Considerations (if required)
• De Minimis Certification
• Notice of Determination
For each of the documents identified above, the Project Manager will thorough review and prepare
comments, including those made on the document and a "formal" written summary of the comments
made on the specific CEQA document. The comments will be presented to the EIR consultant within
the time frame specifed in the contract for environmental services between the City of San Juan
Capistrano and the Elfconsultant.
fask Four - Preparation of Agenda Items and Staff Reports
The Protect Manager will be responsible for preparing all of the requisite agenda items, transmittals,
and/or staff reports necessary to facilitate the City's environmental review process, including those
necessary for the public meetings and/or hearings (e.g., Environmental Review Committee,
Transportation Commission, Planning Commission, and City Council). This task will require reviewing
applicable documents, summarizing the findings of those documents as they relate to the proposed
project, and preparation of meeting agendas and staff reports.
Task Five - Public Meetings and Hearings
The Project Manager will be responsible for attending all required public meetings and hearings (not
including those identified in Task One), making presentations to the respective decision-making bodies,
and responding to questions and comments related to the proposed project. This task can
accommodate attendance of the Project Manager at the following meetings and hearings: (1) 2 (two)
meetings at the City's Environmental Review Committee, including one (1) at which the environmental
determination is made and one (1) when the Draft EIR is presented; (2) one (1) meeting before the City's
Transportation Commission; (3) two (2) hearings before the City's Planning Commission; and (4) two
(2) hearings before the San Juan Capistrano City Council.
II. ESTIMATED BUDGET
The scope of services and work described in Section I will be undertaken and completed for a not -to -
exceed fee of $22,500.00. This fee includes meetings and coordination, preparation of the
environmental analysis contained in the initial study, filing of necessary CEQA notices and printing,
attendance at public hearings, and reproduction associated with the Initial Study/ Negative Declaration.
A budget summary is presented below.
Budget Summary
Proposed Home Depot
San Juan Capistrano, CA
Task
Man -Hours
Billing Rate
Estimated Budget
Task 1 - Project ManagementlCoordination
Coordination with City Staff/CEQA
Consultant/Project Applicant
40
$ 90.00/Hour
$ 3,600.00
Task 2 - Project -Related Meetings
Meetings
48
$ 90.00/Hour
$ 4,320.00
Bi -Weekly Meetings
(24)
($ 2,160.00)
Scoping Meeting
14)
($ 360.00)
Community Me, tmgs
0
($ 7: 0.00)
Public Agency Meetings
1 2)
($ I'M 0.00)
San Juan Capistrano Office Hours
40
$ 90.00/14our
$ 3,600.00
Sub -Total - Task Two
88
$ 90.00/Hour
$ 7,920.00
Task
Man -Hours
Billing Rate
Estimated Budget
Task 3 - Review Environmental Documents
Initial Study/Notice of Preparation
4 $ 90.00/Hour
$ 360.00
Screencheck EIR
40 $ 90.00/Hour
$ 3,600.00
Preliminary Draft EIR/NOC
10 $ 90.00/Hour
$ 900,00
Responses to Public Comments
16 $ 90.00/Hour
$ 1,440.00
Mitigation Monitoring and
Reporting Program
4 $ 90.00/Hour
$ 360.00
Findings of Fact/Statement of
Overriding Considerations
4 $ 90.00/Hour
$ 360.00
4 $ 90.00/Hour
$ 360.00
Sub -Total - Task Three
82 $ 90.00/Hour
$ 7,380.00
Task Four - Preparation of Agenda Items and Staff Reports
Prepare Agenda Items/Staff Reports
20
$ 90.00/Hour
$ 1,800.00
Task Five - Public Meetings/Hearings
Environmental Review Committee
2
$ 90.00/1 -lour
$ 180.00
Transportation Commission
2
$ 90.00/Hour
$ 180.00
Planning Commission (2)
8
$ 90.00/Hour
$ 720.00
City Council (2)
8
$ 90.00/Hour
$ 720.00
Sub -Total - Task Five
20
$ 90.00/Hour
$ 1,800.00
TOTAL NOT -TO -EXCEED BUDGET
250
$90.00/1 -lour
$22,500.00
111. BILLING AND PAYMENT
All charges shall be in accordance with the Budget Summary presented in Section II of this proposal.
Invoices shall be submitted on a monthly basis which clearly describe the specific services and tasks
performed during the billing period. Charges will be based on a time -and -materials (T/M) basis. Each
invoice is due and payable within 30 days of receipt and shall be considered delinquent on the 31s'
day.
IV. PROJECT MANAGEMENT AND PERSONNEL
Keeton K. Kreitzer, Prinopal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope
of work presenteuFm this proposal for environmental consulting services. Mr. Kreitzer has over 25
years of environmental planning experience and has served as project manager for several similar
projects. He has been personally responsible for the preparation of over 100 environmental documents
required pursuant -to the California Environmental Quality Act and has also prepared environmental
studies mandated under the National Environmental Policy Act. He has recently reestablished his own
environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private
sector clients with high level, personalized environmental consulting services, including the
preparation of environmental documents pursuant to CEQA and NEPA. He is currently managing the
preparation of several environmental documents, including those for the Newport Banning Ranch Local
Coastal Program in the County of Orange, West Coyote Hills in the City of Fullerton, the Emery Ranch
residential development plans in the Cities of La Mirada and Fullerton, and for the Central City
Redevelopment Project Area in the City of Bell Gardens.
V. STATEMENT OF OFFER/TERMS OF AGREEMENT
KKC is prepared to begin work on this project immediately upon execution of the contract. You may
be assured that should we be selected to provide the environmental services described in this proposal,
we shall devote our full resources to the project and will approach it with the highest degree of
enthusiasm, objectivity, and professionalism.
KKC will perform all work described in this proposal for a budget of $22,500.00. This offer is valid for
a period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions
made on the scope of the project. Should the scope change significantly, necessitating a change to the
work program, we will contact you immediately and amend both the scope of services and budget
accordingly.
Offer Presented By:
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTI
Date: August 3, 2000
If the terms and conditions of this proposal meet with your approval, please execute this letter and
return the original to KKC for our files. Receipt of the executed copy of this proposal will serve as the
memorandum of agreement and your authorization for us to proceed on the project as described
herein.
CITY OF SAN JUAN CAPISTRANO
Date:
EXHIBIT "B", PAYMENT FOR SERVICES
Section I. Consultant Fee: The total lump sum compensation for all services performed
pursuantto this agreement shall not exceed twenty-two thousand, five -hundred dollars and
no cents ($22,500.00). This fee shall include all costs incurred by the CONSULTANT for
salary and out-of-pocket expenses for travel and miscellaneous expenses necessary to
complete all work specified in the "Scope of Work" (Exhibit "A").
Section II. Contract Administration and Payment
A. Consultant Payment Schedule: The City agrees to make progress payments to the
CONSULTANT on a monthly basis limited to the completion of those tasks and the
provision of those services detailed in the approved scope -of -work.
(C:VAy DocumentstWordPerfect DocumentsWdvanw—PlanningUiz0004HomeDepotV2z0004hd-pfs.wpd)
Keeton Kreitzer Consulting
17782 East 17th Street, Suite 106
Tustin, CA 92780-1947
December 6, 2001 RECEIVED
DEC 112001
Mr. William A. Ramsey, Principal Planner PLANNING DEPT.
Planning Services Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Ramsey:
As I discussed with you earlier this week, the budgets for Task 1 ( Project Management/Coordination),
Task 2 (Project -Related Meetings, and Task 3 (Environmental Documents) have now been exhausted
as a result of the unanticipated management, need to conduct additional meetings, and review of
environmental documents that exceeded my expectations for the Home Depot environmental review
process. As a result, I am respectfully requesting an augmentation to supplement the budget remaining
in Task 4 (Preparation of Agenda Items and Staff Reports) and Task 5 (Public Meetings and Hearings).
To that end, I have summarized the additional anticipated man-hour and budget estimates that I believe
will be necessary to complete the Home Depot environmental review process.
Budget Augmentation Summary
Proposed Home Depot
San Juan Capistrano, CA
-
task
Approved Budget
Budget Amount
Amount i Remaining
Proposed .
Matt -How
Au ment
Proposed
-.:Budget
Augment
Estimated<
Total -:
-. Budget
1 - Project ManagementlCoordination
$ 3,600.00 $ 0.00
12
$ 1,080.00
$ 4,680.00
2 - Project -Related Meetings
$ 7,920.00 ($ 495.00)'
12
$ 1,080.00
$ 9,000.00
3 - Review Environmental Documents
$ 7,380.00 $ 0.00
28
$ 2,520.00
$ 9,800.00
4 - Prepare Agenda Items/Staff Reports
$ 1,800.00 $ 1,260.00'
8
$ 720.00
$ 2,520.00
5 - Public Meetings/Hearings
$ 1,800.00 $ 1,440.00'
8
$ 720.00
$ 2,520.00
TOTALS
$22,500.00 $ 2,205.00
68
$ 6,120.00
$28,520.00
1Includes amounts billed through December 7, 2001 Invoice date.
17782 East 17s' Street, Suite 106 - Tustin, CA 92780-1947- (714) "5- 609 - Fax (714) 665-8539
EXHIBIT B
Mr. William A. Ramsey, Principal Planner
City of San Juan Capistrano
December 6, 2001
Page Two
As I indicated to you, although some of the task work previously anticipated (e.g., meetings with public
agencies, bi-weekly meetings, office hours were not utilized in Task 2, the remaining budget for that
task was reallocated to Task 3 to cover the more extensive environmental document review that was
necessary to complete that task prior to the publication of the Draft EIR. As a result of the reallocation
of the Task 2 budget has now been exhausted.
Please note that although there is still budget remaining in Tasks 4 and 5, it will be necessary to
supplement the Task 4 fees with additional man-hours, based on the anticipated need to prepare
supplemental agenda items and/or staff reports in the even hearings are continued. Should the hearings
not be continued, additional staff report preparation time would not be required.
I have also supplemented Task 5 with additional man-hours due to the fact that the 4 hours allocated
for the Environmental Review Committee and Transportation in the original proposal have been
expended. Although I did not attend the Environmental Review Committee meeting. in September due
to a scheduling conflict, the allocated hours for that meeting were consumed by the lengthy
Transportation Commission meeting (and pre -meeting with City staff). I am anticipating that there will
be the need to meet prior to the Planning Commission and/or City Council hearings; thus, I have added
some additional time for that purpose.
As you can see, Task 3 requires the largest augment to the budget. The 28 hours will be allocated to
the review of the Responses to Public Comments and the remaining legal documents (e.g., Findings,
MMRP, NOD, etc.) that will be prepared by Planning Center.
Based on my expectations, the additional budget identified in the preceding table should be adequate
to complete the environmental review process for the proposed Home Depot project. Please let me
know if you have any questions regarding this proposal for budget augmentation.
Very sincerely,
KEETON KREITZER CONSULTING
Keeton K. Kreitzer
Principal
KKK:rj r
17782 East 17`x' Street Suite 106 - Tustin, CA 92780-1947- (714) 665-8509 - Fax (714) 665-8539