08-0514_KEETON KREITZER CONSULTING_Personal Services Agreement (2)0 a
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of May, 2008, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and Keeton
Kreitzer Consulting (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to manage the
environmental review process and prepare Phase 1 (of two planned phases) of the draft
Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act for
the proposed Distrito La Novia-San Juan Meadows project and related discretionary and/or
legislative land development applications; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit 'A" attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of its
profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than June 30, 2008, provided
CITY and the project applicant provide timely information and responses to draft work in a
timely manner.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
one -hundred thousand dollars and no cents ($100,000), which shall be disbursed as set
forth in Exhibit "B," attached hereto and incorporated herein by reference.
Distrito La Novia-San Juan Meadows
Personal Services Agreement (Phase 1) 1 of 7 May 2008
0 0
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit
"C," attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Distrito La Novia-San Juan Meadows
Personal Services Agreement (Phase 1) 2 of 7 May 2008
0 0
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work underthis Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform City of this and shall not
proceed with furtherwork underthis Agreement until written instructions are received from
the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Distrito La Novia-San Juan Meadows
Personal Services Agreement (Phase 1) 3 of 7 May 2008
9 0
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
Consultant shall indemnify, hold harmless, and defend the City, its Council, officers,
agents and employees from and against any and all claims and losses, costs or expenses,
including but not limited to any damage due to death or injury to any person and/or injury or
damage to any property resulting from any act or omission of Consultant or any of its
officers, employees, servants, agents, or subcontractors in the performance of this
Agreement. Such cost and expense shall include reasonable attorney fees.
Notwithstanding any other provision of this section 13, and as a separate and
independent covenant and obligation, Consultant shall indemnify and hold harmless, but
not defend City, its Council, officers, agents and employees from and against any damage,
liability, loss, cost or expense, which arise out of claim, court action, or administrative
proceeding challenging City approval of the project for which Consultant is preparing the
environmental documents, if it is determined by a court action having jurisdiction that
Consultant or any of its agents, employees, or subcontractors negligently performed its
services under this agreement. Consultant's obligation to indemnify the City shall include
reasonable attorney fees and costs.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A -Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
Distrito La Novia-San Juan Meadows
Personal Services Agreement (Phase 1) 4 of 7 May 2008
•
11
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall not be required to
maintain Errors and Omissions Coverage.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be canceled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
Distrito La Novia-San Juan Meadows
Personal Services Agreement (Phase 1) 5 of 7 May 2008
0 0
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
Attn: Director of Administrative Services
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Consultant: Keeton Kreitzer, Principal
Keeton Kreitzer Consulting
17291 Irvine Boulevard, #305
Tustin, CA 92780
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Distrito La Novia-San Juan Meadows
Personal Services Agreement (Phase 1) 6 of 7 May 2008
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS').
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
Dave Adams, City Manager
KEETON KREITZER CONSULTING
an
APPROVED AS TO QndFORM:,r U U
,I A 0 A A,4,1 r6
Omar Sao al, City Attorney
Exhibits: Exhibit A, Scope of Work.
Exhibit B, Payment for Services.
Exhibit C, Rate Schedule.
Keeton Kreitzer, Principal
Distrito La Novia-San Juan Meadows
Personal Services Agreement (Phase 1) 7 of 7 May 2008
0
PROPOSAL FOR THE PREPARATION OF A DRAFT
DRAFT ENVIRONMENTAL IMPACT REPORT
DISTRITO LA NOVIA MIXED USE PROJECT
SAN JUAN CAPISTRANO, CA
INTRODUCTION
Keeton Kreitzer Consulting (KKC) regards the environmental review process as a critical one because if a
project is ever going to be challenged, it will be done so first through the environmental review process.
Due to the nature of the proposed project and the potential for significant effects upon the existing
environment wherein the project is located, it is important that an environmental impact report (EIR) be
prepared that adequately and thoroughly addresses the issues that may be identified by the City of San
Juan Capistrano at such time as the initial study is prepared for proposed Distrito La Novia Mixed Use
Project.
In accordance with Section 15161 of the California Environmental Quality Act (CEQA) Guidelines, a
"project" EIR will be prepared by KKC that will analyze the approval of the discretionary actions requested
by the project applicant in order to implement the proposed project to ensure that each of the significant
issues that may be identified in the initial study when it is prepared are thoroughly and adequately
addressed. As indicated in the Request for Proposal (RFP), the discretionary approvals requested by the
project applicant include: (1) Architectural Control (AC) for the preliminary site, architectural and related
development plans; (2) General Plan Amendment for 8.4 acres of the 17.5 -acre site from "Planned
Community' to SP/PP: Specific Plan/Precise Plan;" and (3) Rezone of the same 8.4 acres from "PC" to
SP/PP: Specific Plan/Precise Plan," including an amendment to the Forster Canyon PC's Comprehensive
Development Plan to delete those 8.4 acres. The analysis included in the project Draft EIR will address
potential impacts associated with the specific discretionary actions identified above that are necessary to
implement the proposed project. Where necessary, appropriate mitigation measures shall be
recommended to reduce potential impacts to a less than significant level.
The consultant team assembled by KKC is aware of the significance of this project. The Draft EIR
prepared by KKC will analyze the project accordingly to ensure that each of the significant issues identified
by the City and in the initial study are thoroughly and adequately addressed. As presented in the scope of
work that follows, we have presented a step-by-step approach to respond to the mandated environmental
review process. Coordination with the San Juan Capistrano Planning Department staff and technical
consultants is also a significant element of the scope of work proposed by KKC. Finally, KKC also
recognizes the need to meet with the City and the community as an integral component of the
environmental review process to provide necessary support to the San Juan Capistrano Planning
Department when describing the need for, as well as the nature and extent of, the environmental analysis
to be undertaken. Other important components of the scope of work include the preparation of several
technical studies, attendance at public hearings, and completion of the required findings and other related
documents to support the environmental analysis.
The scope of the Draft EIR cannot be precisely determined until the initial study is completed so it is not
possible to accurately identify the nature and extent of the potential environmental issues that would be
addressed in the EIR. Therefore, the proposal that follows reflects our understanding of the project and
our view of the issues associated with the development of an industrial park business center on the
existing project site in the City of San Juan Capistrano. It is important to note that, if necessary, the scope
of work will be finalized upon completion of the initial study and/or following the scoping meeting
conducted by the City.
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project— San Juan Capistrano, CA
April 18, 2008
EXHIBIT A
0 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
SCOPE OF SERVICES
As indicated above, the scope of services for the Draft Environmental Impact Report (Draft EIR)
comprises several discrete steps that implement both the State and City of San Juan Capistrano and
California Environmental Quality Act (CEQA) Guidelines. The major objective to be achieved is the
certification of the Draft EIR that will require the implementation of several tasks to be undertaken that
include, but not limited to, the following: (1) project management and coordination; (2) preparation of
technical studies; (3) preparation of the Draft EIR; (4) EIR processing and public participation; (5)
preparation of the Final EIR; and (6) preparation of the legal documents that support the Final EIR,
including the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Consideration,
if necessary. Each work task to be undertaken is identified and described below.
Task One - Project Management
Project management will be an integral part of the planning process. As a result, this task will involve
management and coordination of all work to be undertaken to prepare the Draft EIR. In order to ensure
that work associated with the preparation of the Draft EIR is progressing in accordance with the schedule,
meetings as determined necessary will be conducted that include representatives of the EIR consultant,
project applicant, City of San Juan Capistrano, and/or other agencies having an interest in the proposed
project. Specifically, this task will accommodate up to three (3) such meetings. In addition, KKC will also
attend one (1) scoping meeting conducted by the City for the proposed project. It is important to note that
the scope of work may be modified as a result of the issues and concerns identified during the NOP
review period and/or public input received at the scoping meeting. Should such modifications be
necessary, a revised budget and scope will be prepared and submitted to the City for approval.
The remainder of this task encompasses day-to-day project management and coordination necessary to
complete the environmental analysis. The KKC project manager will coordinate the work efforts of the
individual technical consultants to ensure that their work addresses the issues identified in the initial study
and in NOP comments. In addition, the entire work effort will be conducted pursuant to the City's
environmental review process. As a result, close coordination with the City's project manager will be
necessary.
In summary, this task will include:
Management and supervision of the EIR consultant team and project applicant
consultants to ensure that the technical studies prepared for the project are adequate;
Coordination of the proposed project and environmental document with the City of San
Juan Capistrano staff to ensure that City policy is reflected in the Draft EIR;
Consultation with the City of San Juan Capistrano staff and other responsible agencies as
determined necessary; and
Attendance at up to three (3) meetings with City staff and the consultant team and
attendance at one (1) scoping meeting.
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project— San Juan Capistrano, CA
April 18, 2008
0 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT— SAN JUAN CAPISTRANO, CA
Estimated Time Frame: As Required
Estimated Budget: $5,520.00
Task Two — Preparation of the Initial Study/Notice of Preparation (NOP)
KKC will prepare the initial study (IS) for the proposed project in order to identify the nature and extent of
the issues to be analyzed in the Draft EIR to only those issues where it cannot be shown that potentially
significant impacts are anticipated cannot be avoided or mitigated. Specifically, the purpose of the initial
study is twofold: (1) to identify those issues that will be the subject of the analysis contained in the Draft
EIR; and (2) to eliminate from further analysis those environmental issues, if any, where it can be shown
that potential impacts resulting from project implementation will be less than significant. The initial study
will contain environmental analysis to support the conclusion that where an environmental impact has
been identified as less than significant, no further analysis is required and the issues would not be
included in the Draft EIR. This analysis, therefore, must be necessarily comprehensive and exhaustive
and, where necessary, it will identify specific mitigation measures and/or standard conditions that must be
incorporated into the project to ensure that any potentially significant impacts that may occur are reduced
to a level of significance in order to eliminate additional analysis in the Draft EIR. The environmental
analysis included in the initial study will be based on the existing data base and related technical studies
that are germane to development of the subject property. Where necessary, information and technical
analysis prepared by the EIR consultant team as well as the applicant and/or applicant's technical
consultants will also be used to evaluate the potential impacts associated with project implementation.
Once the initial study is completed, a Notice of Preparation (NOP) will be prepared by the consultant. The
NOP, together with the initial study, will be distributed via certified mail (return receipt) to all recipients
included on a master distribution list established in consultation with City staff as determined appropriate
by the City of San Juan Capistrano. The recipients will include all responsible and trustee agencies as
well as interested organizations and individuals as determined by the City.
Estimated Time Frame: 3 Weeks (including City review)
Estimated Budget: $3,200.00
Task Three - Sub Consultant Studies
In order to adequately evaluate project -related impacts, it will be necessary to undertake several technical
studies, including: (1) noise; (2) air quality; (3) cultural resources; (4) paleontological resources; (5)
aesthetics (visual simulations); (6) traffic and circulation; and (7) Biological Assessment. The scopes and
budget for each of the technical studies reflected in this proposal for environmental consulting services are
attached. These studies, which will be conducted by the project team members, are identified below:
(1)
Noise
(2)
Air Quality
(3)
Visual Simulations
(4)
Traffic and Circulation
(5)
Biological Assessment
(6)
Cultural Resources
(7)
Paleontological Resources
Synectecology
Synectecology
VisionScape
Linscott, Law & Greenspan, Engineers, Inc.
Jones & Stokes
Jones & Stokes
Archaeological Resources Management Corporation
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
0 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
Estimated Time Frame: 8 - 10 Weeks
Estimated Budget: $ 4,550.00 (Noise)
$ 4,550.00 (Air Quality)
$16,800.00 (Visual Simulations)
$79,395.00.00 (Traffic and Circulation)
$14,104.00 (Biological Resources)
$ 9,514.00 (Cultural Resources)
$ 2,390.00 (Paleontological Resources)
Additional Technical Studies
In addition to the technical studies identified above, other studies and reports that must be prepared and
submitted to KKC for inclusion in the Draft EIR for the Distrito La Novia Mixed Use project include:
Soils and Geology
Hydrology/Water Quality Management Plan
Phase I and/or Phase II Environmental Site Assessment
It must be noted that the fees for the preparation of the technical studies identified above are not included
in either the scope of work or budget proposed for the preparation of the Draft EIR for the Distrito La Novia
Mixed Use project. The studies identified above will be submitted to KKC by either the project applicant.
SB 18 Review
Because project implementation would require the approval of a General Plan Amendment, the City of
San Juan Capistrano must comply with the requirements of SB 18 by submitting a request to the Native
American Heritage Commission (NAHC). It is understood that the City has complied with SB 18 by
sending letters to the appropriate Native American representatives. The letters informed each of the
Native American representatives of the proposed project in accordance with the provisions of SB 18. to
date, responses from either the Native American representatives or the NAHC has been received by the
City of San Juan Capistrano. The information that may be provided by the NAHC and Native American
representatives prior to the completion of the Draft EIR will be reflected in the discussion of impacts to
cultural resources in that document
Task Four - Preparation of the Screencheck EIR
The most significant task to be undertaken as part of the proposed work program is that of preparing the
EIR. A Screencheck EIR will be the precursor to the Draft document and will be submitted to the City for
review and comment prior to the preparation of the Draft EIR. This work effort will encompass both
primary and secondary research to establish the ambient environmental conditions, understand in detail
the environmental impacts associated with the proposed project, evaluate proposed mitigation measures
and/or recommend additional mitigation measures to eliminate or reduce environmental impacts to an
acceptable level.
Although the scope of the Draft EIR will be formally determined when the initial study (refer to Task Two)
is completed and the scoping meeting conducted, this proposal assumes that the Draft EIR will address
several issues based on a preliminary review of the proposed project as well as direction provided by the
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
0
0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
City of San Juan Capistrano. The Draft EIR outline proposed for the project is presented below, followed
by a brief discussion of the information that will be included in each section of the document.
Draft EIR
Table of Contents
Distrito La Novia Mixed Use Project
San Juan Capistrano, CA
CHAPTER 1.0 - EXECUTIVE SUMMARY
1.1 Description of the Proposed Project
1.1.1
Project Location
1.1.2
Project Description
1.1.3
Project Phasing
1.1.4
Project Objectives
1.2 Alternatives
1.2.1 Summary of Alternatives
1.2.2 Environmentally Superior Alternative
1.3 Areas of Controversy
1.4 Issues to be Resolved
1.5 Impact Summary Table
CHAPTER 2.0 - INTRODUCTION
2.1 Purpose of the Draft EIR
2.1.1
Authority
2.1.2
Incorporation by Reference
2.1.3
Intended Uses of the Draft EIR
2.1.4
Related Approvals
2.1.5
Agencies Having Jurisdiction
2.1.6
Availability of the Draft EIR
2.2 Methodology
2.2.1 Existing Environmental Setting
2.2.2 Significance Criteria
2.2.3 Project Design Features/Standard Conditions
2.2.4 Environmental Impact Analysis
2.2.5 Mitigation Measures
2.2.6 Level of Significance After Mitigation
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project— San Juan Capistrano, CA
April 18, 2008
I•_
0
0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
CHAPTER 3.0 - PROJECT DESCRIPTION
3.1 Project Location
3.2 Definition of the Project Site
3.3 Environmental Setting
3.4 History and Evolution of the Proposed Project
3.5 Project Description
3.6 Project Phasing
3.7 Project Objectives
CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS
4.1 Land Use/Relevant Planning
4.2 Traffic and Circulation
4.3 Air Quality
4.4 Noise
4.5 Public Health and Safety
4.6 Drainage and Hydrology
4.7 Biological Resources
4.6 Cultural/Scientific Resources
4.9 Soils and Geology
4.10 Population and Housing
4.11 Public Services and Facilities
4.11.1 Police Protection
4.11.2 Fire Protection
4.11.3 School Facilities
4.11.4 Parks and Recreation
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project - San Juan Capistrano, CA
April 18, 2008
6
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
4.12 Utilities
4.12.1 Sewer Facilities and Service
4.12.2 Water Facilities and Service
4.12.3 Solid Waste Facilities
4.13 Aesthetics
CHAPTER 5.0 - CUMULATIVE IMPACTS
5.1 Description of Cumulative Projects
5.2 Cumulative Impacts Analysis
CHAPTER 6.0 - ALTERNATIVES TO THE PROPOSED PROJECT
6.1 Introduction
6.1.1 Purpose and Scope
6.1.2 Criteria of Alternatives
6.1.3 Identification of Alternatives
6.2 Analysis of Alternatives'
6.3 Summary of Alternatives
6.4 Identification of Environmentally Superior Alternative
CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD
BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED
CHAPTER 8.0 - GROWTH -INDUCING IMPACTS
CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES
CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS
CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED
CHAPTER 12.0 - BIBLIOGRAPHY
A maximum of four alternatives, including the "No Project' alternative will be evaluated. The specific nature of the land uses) of
each of the alternatives will be determined in consultation with the City of San Juan Capistrano and selected technical consultants.
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project— San Juan Capistrano, CA
April 18, 2008
7
i
11
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
TECHNICAL APPENDIX
A. Notice of Preparation/Initial Study
B. NOP Comment Letters
C. Traffic Analysis
D. Air Quality Analysis
E. Noise Analysis
F. Hydrology Analysis
G. Biological Resources Assessment
H. Cultural Resources Assessment
I. Paleontological Resources Assessment
A summary of the information and analyses to be included in each of the sections identified in the
preceding table of contents is presented below.
1.0 Executive Summary
A summary of the project location, description and objectives will be presented in this section as well as a
summary of the potential impacts, mitigation measures, and unavoidable environmental consequences,
presented in a matrix or table format. This section will also include a brief description of each alternative
(including identification of the "environmentally superior" alternative), a list of potential areas of
controversy, and issues to be resolved as required by the State CEQA Guidelines.
2.0 Introduction
This introductory section will identify the purpose and scope of the Draft EIR, the contents of the
document, the authority by which it has been required, the agencies having jurisdiction over the project,
and the intended uses of the document (i.e., subsequent discretionary and/or permit approvals).
3.0 Project Description
A complete description of the project, including its history and evolution, location, parameters, phasing (if
available), and all actions necessary to implement the proposed project will be presented in this section.
The description will include a narrative component and statistical tables as appropriate to adequately
describe the nature, scope and intensity of the project. This section will also include a brief presentation
of background information necessary to provide a context for the applications.
4.0 Environmental Analysis
The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions on the
subject property and in the environs and to identify the potential impacts or consequences that may result
from implementation of the proposed project. This section will contain the environmental analysis for each
issue that has been determined to be the subject of the Draft EIR. The extent of the analysis and
documentation for each issue will be identified in the initial study undertaken in Task Two as well as in
NOP comments and during the public scoping meeting. In some cases, the discussion will be a summary
of a technical study prepared by a member of the applicant's consultant team. In each case where a
technical study will be the basis for the environmental analysis contained in the EIR, the technical report
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
•
11
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
will be condensed to present the existing environmental conditions, provide an assessment of the potential
project -related impacts, and identify/recommend appropriate mitigation measures to ensure that the
environmental consequences are eliminated or reduced to a less than significant level, if feasible. As
indicated in the recommended Table of Contents, the environmental analysis will evaluate potential
associated with a wide range of issues. In addition, if determined necessary, additional issues would also
be evaluated based on relevant comments received during the NOP/scoping process.
The scope of work included in this proposal also includes the preparation of several technical studies (i.e.,
hydrology/hydraulics, noise, air quality, cultural/scientific resources, visual simulations, and biological
resources). However, it should be noted that the land use studies and other technical documentation
prepared by/for the applicant and/or City of San Juan Capistrano will also be utilized to the extent they are
applicable to the proposed project. In order to facilitate the analysis of each issue, a standard format will
be employed to analyze each issue thoroughly. This format is presented below with a brief discussion of
the information included within each topic.
Existing Environmental Setting
This introductory section describes the existing environmental conditions related to each issue
analyzed in the Draft EIR. In accordance with the State CEQA Guidelines, both the local and
regional settings are discussed as they exist prior to implementation of the proposed project. This
documentation will serve as the baseline upon which the project -related impacts will be evaluated.
Significance Criteria
Specific criteria will be identified and presented in this section of the Draft EIR upon which the
significance of the project -related potential impacts is determined. The significance criteria which
are the basis of the environmental analysis contained in the Draft EIR will be derived from the
significant effects presented in the State CEQA Guidelines, adopted local (i.e., City of San Juan
Capistrano, etc.), State and/or federal policies and programs that may apply; and other commonly
accepted technical and non-technical standards prescribed by responsible agencies (i.e., County
of Orange, South Coast AQMD, Caltrans, etc.) determined to be appropriate by the lead agency.
Project Design Features/Standard Conditions
This section of the document will identify specific project design features (PDF) that will be
incorporated into the proposed project that are intended to preempt project -related impacts (e.g.,
incorporation of mature landscaping, etc.) by the applicant as well as standard conditions (SC)
that are typically imposed by regulatory agencies (e.g., adherence to the Uniform Building Code)
on development in order to ensure safety and minimize adverse environmental effects. The
discussion of potential environmental impacts in Chapter 4 will reflect the incorporation of any
PDFs and SCs included this section.
Environmental Impact Analysis
The environmental analysis for each issue, which has been determined to be the subject of the
Draft EIR, is contained in this section of the document. The extent of the analysis and
documentation for each issue will be identified in the initial study (refer to Task Two). In some
cases, the discussion will be a summary of a technical study prepared by a member of the
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project - San Juan Capistrano, CA
April 18, 2008
0
0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
consultant team. In such case, the technical report will be condensed to present the existing
environmental conditions, provide an assessment of the potential project -related impacts, and
identify/recommend appropriate mitigation measures to ensure that the environmental
consequences are eliminated or reduced to a less than significant level, if feasible. All project -
related impacts, including those associated with all phases of the proposed project, will be clearly
and adequately analyzed in accordance with the State CEQA Guidelines. It should be noted that
any previous land use studies and/or other technical documentation prepared by/for the applicant
and/or City of San Juan Capistrano will be utilized to the extent it is applicable to the proposed
project. In order to facilitate the impact analysis, the following outline will be utilized in preparing
the project -related environmental analysis.
Potential Effects of the Project Found to be Insignificant
Short-Term/Construction Impacts
Long-Term/Operational Impacts
Potential Effects of the Project Found to be Significant
Short-Term/Construction Impacts
Long-Term/Operational Impacts
Mitigation Measures
Where a potential significant environmental effect has been identified based on the criteria
identified in analysis and that impact cannot be avoided, mitigation measures will be identified and
included in this section of the document which "... minimize significant adverse impacts ... for
each significant environmental effect identified in the EIR", as prescribed in the State CEQA
Guidelines.
Level of Significance after Mitigation
Unavoidable significant adverse impacts are those effects that either cannot be mitigated or they
remain significant even after mitigation is incorporated into the proposed project. These
significant effects, if determined to a result of project implementation after mitigation, will be
identified in this section of the Draft EIR. Prior to approval of the proposed project, the San Juan
Capistrano City Council will be required to adopt a Statement of Overriding Considerations that
identifies and describes the public benefit(s) associated with project implementation that offset the
significant impacts.
Additionally, the State CEQA Guidelines requires a discussion of "any inconsistencies between
the proposed project and applicable general plans and regional plans." This discussion will occur
within Section 4.1 (Land Use/Relevant Planning).
5.0 Cumulative Impacts
This section of the Draft EIR will focus on other projects that are proposed or approved in the project
environs that would create demands on servicing agencies and affect the ability of those agencies to
continue to provide an adequate level of service. The City of San Juan Capistrano will identify any
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
10
0
0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
projects that have been proposed or are approved in the vicinity of the proposed project within its
jurisdiction. In addition, the City will query adjacent municipalities in an effort to identify additional projects
in the vicinity of the subject property. These other projects will be evaluated with the proposed project to
determine project -related cumulative impacts. This section of the Draft EIR will also provide a discussion
of these cumulative projects and their potential impacts on the several issues analyzed in Chapter 4.0 of
the document.
6.0 Alternatives to the Proposed Project
Chapter 6.0 will provide a qualitative impact analysis of the alternatives identified by KKC and the City of
San Juan Capistrano. Three potential land use alternatives will be identified by the City during the initial
stages of the analysis. The Draft EIR will analyze a maximum of four alternatives, including the "no
project' alternative as prescribed by the State CEQA Guidelines, which will be selected following the
completion of the environmental impact analysis by KKC and approved by the Environmental
Administrator.
7.0 Significant Irretrievable Environmental Changes Which Would Be Involved in the Proposed Action
Should It Be Implemented
Those impacts, which cannot be avoided, even with the implementation of mitigation measures, will be
identified and summarized from the discussions contained in Chapter 4.0.
8.0 Growth -Inducing Impacts
The manner in which the project could foster economic and/or population growth, either directly or
indirectly, in the surrounding area will be thoroughly discussed. The characteristics of the project, which
may encourage and facilitate other activities that could significantly affect the environment, either
individually or cumulatively, will also be discussed in this chapter.
9.0 Inventory of Mitigation Measures
This chapter of the document will include a comprehensive listing of the mitigation measures that will be
required as a result of project implementation. This listing of mitigation measures will be used to create
the mitigation monitoring and reporting program that will stipulate the timing and responsibility for each
mitigation measure.
10.0 Inventory of Unavoidable Significant Adverse Impacts
A comprehensive listing of the potential unavoidable adverse impacts (i.e., those that cannot be mitigated
to a less than significant level) that are anticipated as a result of project implementation will be presented
in this section of the Draft EIR. In addition, cumulative impacts that are significant and unavoidable will
also be identified and listed.
11.0 Organizations and Persons Consulted
A comprehensive listing of each individual and the organization with which the individual is associated will
be included in this Chapter of the Draft EIR to document the source of the information utilized in the
environmental analysis.
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
11
0
0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
12.0 Bibliography
Each document used as a reference or source of information will also be identified and presented in the
Bibliography that will serve as a reference to those reviewing the Draft EIR. Pursuant to current CEQA
requirements, the location(s) where each of the bibliographic references is maintained will be identified in
this chapter to facilitate the review should the reference materials be needed.
Upon completion of the Screencheck EIR, the EIR consultant will print three (3) copies of the document
and submit them to the City's Planning Department for review and comment. In addition, one (1) CD-
ROM copy in MS Word format will also be submitted to the City with the three printed screencheck
documents.
Estimated Time Frame: 12 Weeks
Estimated Budget: $28,500.00
Task Five - Preparation of the Draft EIR
All comments on the information and analysis contained in the Screencheck EIR made by City staff during
their review will be forwarded to the EIR consultant for incorporation into the Draft EIR. It is anticipated
that the City's review will be completed within a two-week period. The City will review the document to
ensure that the information contained within it is adequate and complete before the Draft EIR is printed
and distributed. A total of twenty (20) copies of the Draft EIR and two (2) copies of the technical appendix
will be printed once it is approved by the San Juan Capistrano Planning Department staff. In addition, one
CD-ROM copy of both the Draft EIR and Technical appendices in *.pdf format will also be submitted to the
City of San Juan Capistrano. Once released by City staff, the environmental consultant will distribute the
Draft EIR with the Notice of Completion (NOC) for a 45 -day public review and comment period. The
document will be mailed via certified mail (return receipt) to the entities identified on the master distribution
list that also received the NOP.
Estimated Time Frame: 4 Weeks
Estimated Budget: $3,500.00
Task Six - Response to Public Comments
At the end of the State -mandated 45 -day public review period, all comments received by the City from
local, State and other responsible agencies and interested parties will be forwarded to the EIR consultant.
Each comment will be addressed as it relates to the adequacy of the Draft EIR. An appendix to the Draft
EIR will be prepared that includes a listing of each agency/individual commenting on the Draft EIR, the
correspondence received from the commentator, and the responses prepared for each relevant comment.
A total of fifteen (15) copies of the responses to public comments appendix (i.e., Draft Final EIR) and one
(1) CD-ROM in *.pdf format will be submitted to the City of San Juan Capistrano Planning Department.
(Note: The estimated budget for this task is based on 50 hours at a billable rate of $90.00/hour.)
Estimated Time Frame: 2 Weeks
Estimated Budget: $4,500.00
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
12
0 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT— SAN JUAN CAPISTRANO, CA
Task Seven - Final EIR
Once the Draft EIR is certified, the Final EIR will be prepared. That document will consist of the response
to comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the
Final EIR will include "redline/strikeout' revisions that reflect changes resulting from comments received
during the public review and comment period. A total of three (3) printed copies of the Certified Final EIR,
one (1) CD-ROM copy in MS Word format, and one (1) copy in '.pdf format will submitted to the Planning
Department.
Estimated Time Frame: 2 Weeks
Estimated Budget: $1,500.00
Task Eight - Mitigation Monitoring Program/Findings/Statement of Overriding Considerations/City Council
Resolution
The EIR consultant will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the
proposed project. This document will be presented to the City of San Juan Capistrano and will identify
each mitigation measure to be carried out if the project is implemented, the entity that will be responsible
for implementing the mitigation measure(s), and when each measure will be implemented. In addition, the
Findings of Fact and Statement of Overriding Consideration, if determined necessary (i.e., unavoidable
significant adverse impacts remain after mitigation), will also be prepared and submitted to the City for
review and presentation to the City of San Juan Capistrano Planning Commission and City Council for
certification prior to approval of the proposed project. In addition, KKC will also prepare the City Council
EIR Certification resolution.
Estimated Time Frame: 4 Weeks
Estimated Budget: $4,000.00
Task Nine - Public Hearings
As stipulated in the RFP, the EIR consultant will attend up to four (4) advisory commission meetings,
including those of the San Juan Capistrano Traffic Commission and Planning Commission. The
estimated budget proposed for this task will also accommodate two (2) public hearings before the San
Juan Capistrano City Council. The Project Manager will attend each and be responsible for making all
presentations and responding to questions raised during the public meetings and/or hearings as directed
by City staff. Should additional meetings and/or hearings be required, they will be charged at the
appropriate hourly rate, upon authorization by the City of San Juan Capistrano.
Estimated Time Frame: As Required
Estimated Budget: $3,990.00
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
13
0
�J
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT— SAN JUAN CAPISTRANO, CA
III. PROJECT SCHEDULE
The scope of services through Task Four (i.e., submittal of the Screencheck EIR) presented in this
proposal can be accomplished in approximately 12 weeks from issuance of the Notice to Proceed. This
schedule is presented below.
IV. ESTIMATED BUDGET
The scope of services and work project described in Section II of this proposal will be undertaken and
completed for an estimated fee of $191,003.00. This fee includes project management, preparation of the
technical studies identified in Task Three, the environmental impact analysis (including the Draft and Final
EIRs), printing and distribution of the Draft EIR, attendance at public hearings, and payment of filing fees
(i.e., NOD filing and CDFG fees).
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project— San Juan Capistrano, CA
April 18, 2008
14
Project Schedule
Distrito La Novia Mixed
Use Draft EIR
San Juan Ca istrano, CA
Estimated
Estimated
Task
Description
Time
Completion'
1
Project Management
As Required
2
Initial Stud /Notice of Preparation
3 Weeks
June 1, 2008
NOP Comment Period
4 Weeks
July 1, 2008
3
Technical Studies
8 - 10 Weeks
August 15, 2008
4
Preparation of Screencheck EIR
12 Weeks
September 1, 2008
5
Preparation of Draft EIR
4 Weeks
October 1, 2008
Notice of Completion/Draft EIR Public
6 Weeks
November 15, 2008
Comment Period
6
Response to Comments
2 Weeks
December 1, 2008
7
Preparation of Final EIR
2 Weeks
December 15, 2008
Preparation of Findings/Mitigation
8
Monitoring Program/Statement
4 Weeks5
December 15, 2008
of Overriding Considerations
9
Public Hearings
As Required
January/February January/February2009
'Assumes project start-up of May 1, 2008.
2Assumes
10 weeks.
3Assumes
12 weeks.
°Includes
City review.
'Can be
prepared during 45 -day public review period.
IV. ESTIMATED BUDGET
The scope of services and work project described in Section II of this proposal will be undertaken and
completed for an estimated fee of $191,003.00. This fee includes project management, preparation of the
technical studies identified in Task Three, the environmental impact analysis (including the Draft and Final
EIRs), printing and distribution of the Draft EIR, attendance at public hearings, and payment of filing fees
(i.e., NOD filing and CDFG fees).
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project— San Juan Capistrano, CA
April 18, 2008
14
0
0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT— SAN JUAN CAPISTRANO, CA
Estimated Budget
Distrito La Novia Mixed Use Project Draft EIR
San Juan Capistrano, CA
Estimated
Task
Description
Budget
1
Project Management
$ 5,520.00
2
Initial Stud /Notice of Preparation
$ 3,200.00
Sub -Consultant Studies
($131,293.00
Noise
4,550.00
Air Quality
4,550.00'
3
Cultural Resources
9,514.00
Paleontological Resources
2,380.00
Visual Simulations
16,800.00
Traffic and Circulation
79,395.00
Biological Resources
14,104.00
4
Preparation of Screencheck EIR
$ 28,500.00
5
Preparation of Draft EIR
$ 3,500.00
6
Response to Public Comments
$ 4,500.00
7
Preparation of Final EIR
$ 1,500.00
Preparation of Findings/Mitigation Monitoring
8
Program/Statement of Overriding Considerations/City Council
$ 4,000.00
EIR Certification Resolution
9
Public Hearings
$ 3,990.00
Sub -Total - Professional Fees
$ 186,003.00
Printingand Reproduction/Supplies/Postage
$ 5,000.00
Total Estimated Budget
$191,003.00
Budget does not include attendance at meetings and/or public hearings. If required,
fees for
attendance at public hearings would be negotiated prior to authorization.
2Budget assumes maximum of $4,200.00 per visual simulation and a total of four (4) simulations. If
additional simulations are required, they would be charged at $4,200.00 per simulation
over the
contract amount.
3Budget reflects reconnaissance site visit for biological resources and focused surveys
for the coastal
California gnatcatcher (3 site visits). f determined necessary, based on NOP comments received
from resources agencies (e.g., CDFG, USFWS, etc.), a revised scope and budget
would be prepared
to address resources agency comments.
°Estimate only. Subject to review and negotiation based on nature and extent of
public comments
received during the public review period.
6Includes printing and reproduction associated with 5 copies of the Screencheck
EIR, 50 copies of
the Draft EIR, and 10 copies of the Final EIR.
6Does not include the budget for the preparation of a Phase I ESA, which would be submitted for review
and approval if determined necessary as a result of the initial study.
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project— San Juan Capistrano, CA
April 18, 2008
15
0
0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT — SAN JUAN CAPISTRANO, CA
V. DELIVERABLES
As stipulated in the RFP, KKC will provide the City with the following deliverables:
• Three (3) hard copies and one (1) CD-ROM copy in MS Word Format of the Screencheck
EIR
Twenty (20) hard copies and one (1) CD-ROM copy in *.pdf format of the Public Review
Draft EIR.
• Two (2) hard copies and one (1) CD-ROM copy in *.pdf format of the Technical
Appendices.
• Fifteen (15) hard copies and one (1) CD-ROM in *.pdf format of the Draft Final EIR.
Three (3) hard copies and one (1) CD-ROM copy in MS Word format and *.pdf format of
the Certified Final EIR.
Copies of CEQA-required Notices posted with the County Clerk (i.e., Notice of
Preparation, Notice of Completion, and Notice of Determination).
• Statement of Overriding Considerations (SOC)
• Mitigation Monitoring and Reporting Program (MMRP).
Findings of Fact.
City Council Resolution Certifying the Final EIR.
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
16
•
E
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT— SAN JUAN CAPISTRANO, CA
VI. RESPONSIBILITY OF PROJECT APPLICANT AND/OR CITY OF SAN JUAN
CAPISTRANO
The following information shall be provided to the consultant in order to complete the analysis described in
this proposal.
All previous environmental documents prepared for the subject property and vicinity of the
property.
2. All pertinent technical analyses prepared for the applicant and/or City and identified in
Task 3, including, but not limited to: (1) soils and geology study; (2) hydrology and
engineering (i.e., pre- and post -development drainage studies); (3) Water Quality
Management Plan (WQMP); (4) Hydraulic & Hydrologic Study; and (5) Phase I and (if
necessary) Phase II Environmental Site Assessments.
3. A large-scale topographic map (i.e., 1" = 100') of the subject property (in reproducible
form).
4. Topographic in reproducible form.
5. Aerial photograph, if available
6. A complete project description, including a statistical summary of the proposed project
and plans reflecting the proposed development plan and related discretionary action (e.g.,
General Plan Amendment, Architectural Control, etc.) necessary to implement the
proposed project.
7. Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan,
etc.
S. Phasing/Development Plan that provides statistical summary of the anticipated sequence
of development.
9. Large-scale plans reflecting grading and site design.
10. Cross-sections illustrating "existing" and "post -development" conditions.
11. Adopted City of San Juan Capistrano General Plan (all elements) and Zoning Ordinance.
12. Impact significance criteria adopted by the City of San Juan Capistrano (if any).
13. List of cumulative projects (i.e., proposed, approved and pending).
14. Notice of Preparation distribution list.
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project — San Juan Capistrano, CA
April 18, 2008
17
0
�J
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
DISTRITO LA NOVIA MIXED USE PROJECT— SAN JUAN CAPISTRANO, CA
VII. STATEMENT OF OFFERITERMS OF AGREEMENT
The EIR consultant and technical consultants identified in this proposal are prepared to begin work on the
Distrito La Novia Mixed Use Project Draft EIR 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 possible.
We shall perform all work described in this proposal for an estimated budget of $191,003.00. This offer is
valid for a period of sixty (60) days. It should be emphasized that these costs are based upon the
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
estimated budget accordingly.
Keeton K. Kreitzer, Principal, is the individual authorized to bind the offer made above.
Offer Presented By:
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSUL'
Date: April 18, 2008
Proposal for Environmental Consulting Services
Distrito La Novia Mixed Use Project— San Juan Capistrano, CA
April 18, 2008
it-]
0 0
PAYMENT FOR SERVICES
Environmental Impact Report (EIR)
Distrito La Novia-San Juan Meadows
Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to
this agreement shall not exceed $100,000. 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. Prepayment by Applicant: The CITY shall require that the applicant shall, upon execution of
this agreement, deposit with the CITY, a cash sum of $100,000.
B. Consultant Payment Schedule: The City agrees to make progress payments to the
CONSULTANT according to the following schedule:
1. Not more than ten percent (10%) cumulative of the total contract amount shall be
paid to CONSULTANT within thirty (30) days of completion of the Notice of Preparation
(NOP) process, scoping meeting, and submission of the EIR project description to
CITY and upon demand by CONSULTANT.
2. Not more than ten percent (20%) monthly up to a maximum of eighty percent (80%)
cumulative of the total contract amount during preparation of the technical reports and
the Screencheck Draft EIR shall be paid to CONSULTANT within thirty (30) days of
demand by CONSULTANT.
Contract Amount
$0
Project Milestone
Max, Cumulative
Max. Cumulative
Percent Payment
Payment
Completion of the Notice of Preparation (NOP) process,
scoping meeting, and submission of the EIR project
10%
$10,000
description.
During preparation of the technical reports and the
90%
$90,000
screencheck draft EIR
EXHIBIT B
t
Exhibit "C"
Keeton Kreitzer Consulting
Schedule of Fees (hourly rates)
Meetings/Public Hearings
$115.00
Project Management/Coordination
$ 95.00
Report Preparation
S 85.00
Research and Analysis
$ 75.00
Graphics
$ 60.00
Administration/Word Processing
$ 40.00
Printing and Reproduction
Cost + 10%
Postage and Supplies
Cost + 1096
Effective January 1, 7007
EXHIBIT C
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAX
WWW. sanjuancap istrano. org
TRANSMITTAL
Keeton Kreitzer
Keeton Kreitzer Consulting
17291 Irvine Blvd. Suite 305
Tustin, CA 92780
DATE: May 14, 2008
JVAN
n( WHO
• FSTIIOSIB 1961
1776
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Personal Services Agreement— Distrito la Novia EIR
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please contact me at
(949)443-6309.
If you have questions concerning the agreement, please contact William Ramsey, Principal
Planner(949)443-6334.
An original amendment agreement is enclosed for your records.
Cc: William Ramsey, Principal Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
40 Printed on 100% recyGetl paper