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09-0421_WILLDAN_Personal Services Agreement• 0 AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRity") nd ILLDAN, ("Consultant") is made and entered into, to be effective the day of , 2009, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated October 4, 2005 for a total of $112,890.00 for the preparation of plans and specifications for the Del Obispo Street/ Camino Capistrano Intersection Improvements (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to the amend the Agreement to add to the Scope of Work, extend the term, and increase the total compensation amount as follows: Section 1. Scope of Work The scope of work to be performed by the Consultant shall consist of those tasks as set forth in the original personal service agreement with the addition of those tasks as set forth in Exhibit 'A" attached herewith and incorporated herein by reference. Section 2. Term The term of the Agreement is hereby extended to the new completion date of December 31, 2009. Section 3. Compensation 3.1 Amount. The City hereby agrees to pay the additional sum of Seventy Five Thousand Three Hundred and Ninety Dollars ($75,390.00) fora revised total not to exceed contract price of One Hundred Eighty Eight Thousand Two Hundred and Eighty Dollars ($188,280.00) to Consultant for those services performed as set forth in Exhibit "A". 54002$.7 -1-SD 0 0 3.2 Method of Payment. Subject to Section 3. 1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. The City eliminates the Rate Schedule subsection of the original agreement. Section 4. Entire Agreement This Amendment constitutes the entire understanding and agreement between the parties with respect to those additional services described herein and any other understandings, oral or in writing, are hereby superseded. Section 5. Other Terms All other provisions of the Agreement not amended hereunder shall remain in full force and effect. i OLE' �I� n.ro -2- 540028.1 CITY OF SAN JUAN CAPISTRANO By: Dave Adams, City Manager CONSULTANT 0 0 WILLDAN your extending mm —.� Engineering reach April 9, 2009 Mr. Nasser Abbaszadeh, P.E. Engineering & Building Director/City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Camino Capistrano and Del Obispo Street Intersection Project (CIP 111) Additional Work Request for Out of Scope Work Dear Mr. Abbeszadeh, Willdan's priority is to provide the City of San Juan Capistrano quality services, meet the City's project goals, fulfill our contract obligations and provide a complete design and bid and construction package. As we continue to move forward on this project, we have reviewed the original scope of work and have noted several design and project scope items that have evolved since the approval of the original Personal Services Agreement and Scope of Work on October 4, 2005. The intersection of Del Obispo Street and Camino Capistrano had been involved in much analysis, study and discussion and numerous concepts had been prepared. However, at the time the Scope of Work was prepared, decisions were made to limit the intersection improvements at that time. Jeff Marr, the previous Willdan Project Manager, had identified some of these City directed additional work items in his letter to Brian Perry on September 15, 2006. Willdan would like to proceed with the City with a clear understanding of project goals, process and expectations and to get the project back on a submittal and review schedule that meets the City's goals. The original scope of work task description is listed below followed by the additional work performed that was not included in or expanded from the original scope of work. These items can be referenced to the attached Scope of Work and Exhibit. 1. Widening on the south side of Del Obispo Street. Scope of Work: Improvements on Del Obispo Street were limited to median modifications, driveway improvements and eastern sidewalk widening on Camino Capistrano north of Del Obispo Street. Widening of the south side of Del Obispo Street was not included (Scope of Work Exception/Addition, Item 1). Additional Work: During design, the City directed Willdan to widen the south side of Del Obispo Street west of Camino Capistrano and include this widening and associated changes in the project plans. The project plans currently include the widening plan and profile, curb return reconstruction, storm drain relocation plan and profile, street light EXHIBIT A Engineering I Geotechnical I Environmental I financial I Homeland Security 714.978.0200 1 800.424.9144 1 fax: 714.978.8299 1 2401 East Katella Avenue, Suite 450, Anaheim, CA 92806-6073 1 www.willdan.com 9 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 2 relocation, traffic signal relocation, utility relocations and other related improvements not included in the scope of work. 2. Traffic signal pole relocations and fire station pre-emption. Scope of Work: Traffic signal improvements at the intersection of Camino Capistrano and Del Obispo Street were limited to shifting traffic heads and cutting new detector loops. Design for relocation of a traffic signal pole due to street widening was located at the intersection of Del Obispo Street and Plaza Drive (Scope of Work Phase III, Item 8). Additional Work: As a result of widening the southern curb line of Del Obispo Street and significant lane alignment changes, the traffic signal poles located at the southwest and southeast corners of the intersection were required to be moved. The traffic signal plans show these relocations and the associated traffic signal conduit, pull box and wiring changes. Additionally, the City requested the installation of emergency vehicle pre-emption (EVP) system for the fire station to be included at the Del Obispo Street/Plaza Drive signal. Original direction was to provide push-button pre-emption inside the fire station. Subsequent City comments directed Willdan to change the push-button to a traffic signal pole located outside the fire station with an EVP detector. 3. Driveway and sidewalk improvements north of C5 (EI Adobe Restaurant). Scope of Work: Improvements were limited to the replacement of the EI Adobe Restaurant driveway within the exiting street right of way. Sidewalk and curb and gutter extension through the driveway was not included (Scope of Work Exception/Addition, Item 3). Additional Work: During design, the City directed Willdan to provide a new sidewalk through this driveway and provide a new curb line transition and profile connecting the existing sidewalk to the north to the southern sidewalk. Right of way acquisition is now required on EI Adobe Restaurant property (APN 121-150-13). 4. Partial property acquisition of impacted parcels. Scope of Work: Anticipated work included performing right of way engineering, and preparation of legal descriptions and sketches for partial acquisition for six parcels (Scope of Work Phase III, Item 15, and Phase IV, Item 2). Additional Work: Based on the design direction identified in No. 3 above, as well as changes to the sidewalk width and geometry, engineering and mapping services were required for a seventh parcel (APN 121-150-13). Additionally, the legal descriptions included sidewalk easement information for the required properties and temporary 0 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 3 construction easement limits were incorporated into the project plans for use by the City in property owner descriptions. The existing right of way, proposed right of way, sidewalk easements and temporary construction easements were marked/staked in the field for all impacted properties to assist the City, property owners and the appraiser, Preliminary and Final Appraisal Summary Statements were also prepared in addition to the Appraisal Report as directed by the City. These documents were also revised to change acquisition from sidewalk easements to fee simple. 5. Reconstruct sidewalk from driveways C3 to the south side of EI Adobe property. Scope of Work: Sidewalk reconstruction was limited to replacing this existing sidewalk to adjoin the reconstructed driveways C3, C4, and C5 and widening the sidewalk adjacent to landscaping areas; Scope of Work Phase IV, Item 2 identifies APNs 121- 150-17, 121-150-18 and 121-150-23 as being impacted only in landscaping areas with no permanent loss of parking spaces. The existing western curb and gutter was expected to be protected in place. Impacts to the EI Adobe Plaza parking lot were not anticipated, specifically impacts to parking spaces (Scope of Work Exception/Addition, Item 5). Additional Work: During design, the City directed Willdan to improve this sidewalk corridor with an 8' wide sidewalk between driveways and a 10' width at driveways (6' approach + 4' ADA sidewalk) and the inclusion of brick pavers instead of concrete. To adjust the driveway and sidewalk grades for the widened sidewalk and to minimize the grading into the adjacent parking lot area, modification of the western curb line profile was required and a new curb line profile was generated. Resulting from DRC meetings, the City has requested that this sidewalk be modified to include a meandering back of walk requiring a design change. The sidewalk widening has impacted the EI Adobe Plaza parking lot, including potential loss of parking; resolution of loss of parking will be coordinated between the City and owner during the property acquisition process. Related to this work, this City requested that all project sidewalks be changed from PCC to brick pavers with alternates provided in the special provisions for stamped colored concrete and PCC. i 6. Left -Turn Pocket with Bridge Widening. i Scope of Work: Del Obispo Street median improvements between the railroad tracks and Camino Capistrano for the left -turn pocket configuration is identified as occurring with the Del Obispo Street Widening Project at Trabuco Creek on the Scope of Work Exhibit. Significant improvements to this existing median were not anticipated; only striping modifications adjacent to the raised median were expected (Scope of Work Exhibit). 0 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 4 Additional Work: Concurrent with the City direction to provide the southern street widening, the Del Obispo Street medians on the west leg were redesigned several times to include a new left -turn pocket configuration into the EI Adobe Plaza, resulting in the removal of the existing westernmost raised median. Subsequently, the City has requested that this proposed westerly striped median be replaced with a raised landscaped median that is to be coordinated with the OCTA railroad crossing and median improvements. 7. Driveway improvements east side of Washington Mutual. Scope of Work The extent of improvements on the Washington Mutual (WaMu) property included driveway improvements and additional improvements were not anticipated (Scope of Work Exception/Addition, Item 2). Additional Work: Through initial City discussion with Plaza De Prosperidad (PDP) for parking lot redesign, Willdan was directed to close the old WaMu drive-thru to provide additional parking spaces and provide an area for replacement landscaping. Recently, in association with the PDP parking lot redesign, the City has directed Willdan to remove the previously designed drive-thru improvements from the project plans and landscape concept plan. 8. Plaza De Prosperidad Parking Lot. Scope of Work: Redesign of the PDP parking lot was expected and preparation of a parking lot detail included. Willdan coordinated parking lot alternatives with the City and generated at least three configurations for City and property owner review. The City discussed these alternatives with the PDP property owners, and Willdan received direction in December 2006 to proceed with inclusion of a preferred alternative. This parking lot design was included in the removal and construction plans, signing and striping plans, tree removal study and landscape concept plan. Additional Work: The City has met with the PDP owners and it was determined that the previous parking lot layout that utilized the WaMu drive-thru for replacement parking spaces was no longer acceptable. Additionally, the City Design Review Committee (DRC) stated that replacing all parking spaces on PDP property was primary and minimizing tree removal in the parking lot area was secondary. The City directed Willdan to prepare two additional parking lot layout alternatives utilizing these new directives. Again the City met with PDP owners and stated that there is a preferred alternative and has requested implementation of the new parking lot design into the project plans. The City and Willdan concur that the addition of traffic loops to the new parking lot area is not necessary. 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 5 Additionally, to protect existing trees along the PDP frontage, a retaining wall is proposed along the back of walk. 9. Impacted Tree Study. Scope of Work: A tree study was performed for the impacted trees. This study included a field visit by an arborist to examine existing trees impacted by the proposed improvements. The impacted areas included the Del Obispo Street medians, the Del Obispo Street northern parkway and the PDP parking lot. Additional Work: The redesign of the PDP parking lot required another examination of the parking lot trees impacted and a revision to the tree study. Additionally, Willdan recommends that a certified arborist provide tree replacement cost appraisals for the PDP property for inclusion in the overall property acquisition appraisal. 10. Landscape Concepts and Plans. Scope of Work: Preparation of the landscape concept plan was based on an initial field meeting with City staff discussing tree removal, replacement and planting palettes. A Landscape concept plan was prepared. The primary landscaping improvements were expected to occur within the new project right of way with consideration given to adjacent surroundings. Project landscaping on private property and outside of the construction limits was limited to existing landscaped areas physically impacted by construction work; the remaining landscaping would be protected in place. Additional Work: Subsequent to City meetings with the DRC and the PDP owners, different direction was received than initially directed including plant species and layout. Changes included the PDP parking lot layout and implementation of the "Nifty Fifty" plant list for the entire project; the City planning department provided recommendations and DRC comments were addressed. Subsequent to this revision and submittal, the DRC and City staff provided another direction with broad comments. The landscape concept plan was substantially revised per City direction. Additionally, the landscaping plan has expanded to include planting on private property as directed by the City to provide continuity with the new palette. 11. East Leg Plan Revisions Additional Work: Willdan has met with the City to review project design constraints associated with Right of Way acquisition along the northern side of Del Obispo Street east of Camino Capistrano. Willdan reviewed design modifications with the City and revised the project PS&E package including typical sections, demolition, plan and profile, 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 6 signing and striping, traffic signal plans to avoid property impacts in order to maintain the project schedule. 12. Additional Meetings, Revisions and Support Additional Work: Willdan anticipates that as the project moves forward there will be continued discussion and meetings with adjacent property owners and the City. Willdan anticipates that there may be a need for the preparation of exhibits and documents outside of the planned PS&E preparation and submittal milestones for use by the City to gain project concurrence. Willdan proposes establishing a budget to be used for meetings attendance, preparation of exhibits and documents separate from the construction drawings to be utilized on a time and material as -needed basis per the direction of the City. 13. City Coordination and Primary Point of Contact. Willdan's primary point of contact at the City is the project manager, Nisha Patel. Willdan's expectation is that Ms. Patel will perform all coordination and correspondence for all aspects of the project not included in Willdan's scope of work. This includes internal city department, property owner, committee/commission, utility agency and environmental document coordination. Compilation of comments and task direction should only be provided by the primary City contact to minimize conflicts and maintain the line of communication. 14. PS&E Submittal Schedule. Three plan submittals for City processing, review and comment at the preliminary, intermediate and final design phases are identified in Scope of Work Phase V, Item 16. Due to the various changes in design and scope that have occurred, numerous intermediate plan revisions and submittals have been made. Recently the plans were updated to include the landscaping and irrigation plans (approximately 90%) as well as implement city comments for the upcoming Planning Commission meeting (10/28/08). Willdan will provide a Final submittal PS&E package subsequent to incorporating any City directed Planning Commission comments. The Final PS&E package will be revised following City review and a final bid package submitted for City use and advertising purposes. 15. EI Adobe Plaza Driveway Analysis and NB Camino Capistrano Left Turn Lane Evaluation (Phase Il, Item 4). Analysis of the EI Adobe Plaza driveway was included to determine if any driveway locations and parking lot entrancelexit volumes impacted the service of the Del Obispo Street/Camino Capistrano intersection. Willdan performed traffic counts at the five driveways and analyzed the data. The data was provided to the City and Willdan met with the City and the results were reviewed. The City concurred that the existing driveways did not significantly impact intersection capacity and closing the driveways was not desired. 0 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 7 Evaluation of the Camino Capistrano northbound left turn lane at Del Obispo Street and the southbound left turn lane at Avenida Golondrina was included to determine if the back-to-back left turn pockets on the south leg should be modified to increase the northbound left turn lane storage capacity. Willdan performed the traffic counts and analyzed the data. The data was provided to the City and Willdan met with the City and the results were reviewed. The City concurred that the existing median geometry was sufficient and modifying the storage lane length would not provide significant intersection capacity improvements. Based on the additional work efforts listed in the items above, Willdan has included a Scope of Additional Work for the work performed and proposed. Willdan is looking forward to continuing to serve the City of San Juan Capistrano on this important project. If you have any questions, please contact me at (714) 978-8205. Respectfully Submitted, i T4404 Kenneth T. Steele, P.E. Vice President Division Manager, Transportation Ll 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 8 SCOPE OF ADDITIONAL WORK Task AW01 Del Obispo Street Widening The work for this task has been performed and included the southern curb line plan and profile, sidewalk reconstruction, utility relocations, and storm drain relocation plan and profile, and an additional street light relocation. Task AW02 Traffic Signal Pole Relocation and Modifications The work for this task has been performed and included the preparation of a traffic signal modification including traffic signal pole relocations, inclusion and redesign of an EVP system, associated design work of traffic signal appurtenances as well as updating the plans for inclusion of the new red light enforcement equipment. Task AW03 New Sidewalk and Curb Line at EI Adobe Restaurant Driveway The work for this task has been performed and included preparation of the western curb line plan and profile and new sidewalk connection. Task AW04 Additional Parcel Acquisition Documents This work for this task has been performed and includes right of way engineering and preparation of a legal description and sketch for a seventh parcel (APN 121-150-13). Legal descriptions were revised to include sidewalk easements. The proposed right of way, sidewalk easements and temporary construction easements (as shown on the project plans) were marked in the field for property owner and appraiser use and review. Property appraisals were prepared for APN 668-242-16 and APN 668-242-02 as directed by the City. Also at the direction of the City, Preliminary and Final Appraisal Summary Statements were prepared for each of these properties in addition to the Appraisal Reports. The appraisal summary, appraisal report and the legal descriptions and exhibits were also revised to change the acquisitions from sidewalk easements to fee simple. This task also included updating the appraiser fee resulting from the delayed schedule. Preparation of other appraisals is not required. Task AW05 Widen Camino Capistrano Sidewalk, Reconstruct with Brick Pavers and Provide New Curb Line Profile The work for this task has been performed and included plan revisions for widening the western sidewalk (from 5' to 8', then adding the meandering back of walk) into the existing parking lot area, brick paver details and special provisions and design of the western curb line profile. Parking lot redesign or restriping, determination of replacement stalls or property owner coordination for loss of parking spaces is not included in this task. 0 • Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 9 Task AW06 Del Obispo Street Raised Median Design The work for redesigning the raised medians on the west leg of Del Obispo Street has been performed. Plans revisions included adding median plan and profile, landscaping concepts and landscaping and irrigation for the raised median closest to the railroad tracks. The City will perform coordination with OCTA and JL Patterson for the railroad crossing median design and review of design consistency between the projects. Task AW07 Washington Mutual Drive-Thru Modifications The work for this task has been performed and included revisions to the demolition plans and construction and signing and striping plans to remove the drive-thru modifications. Preparation of additional parking lot alternatives and plan and report revisions as a result of further property owner and City committee and commission reviews are not included. Task AW08 Plaza De Prosperidad Parking Lot Redesign The work for this task has been performed and included the preparation of two additional parking lot layout alternatives and attendance at property owner and DRC meetings, revising the demolition plans and construction plans and signing and striping plans to implement the new parking lot layout. The proposed retaining wall has been shown in plan view only and references construction per standard plans. Preparation of additional parking lot alternatives and plan revisions, including staging plans, are not included. Task AW09 Revise Tree Study The work for this task has been performed and included revising the tree study to incorporate the changes and impacts resulting from the new PDP parking lot layout. Task AW10 Modify Landscape Concept and Plans The work for this task has been performed and included revisions of the previously prepared landscape concept plan to incorporate the changes and impacts resulting from the new PDP parking lot layout as well as the multiple directions received from the two DRC meetings, property owner meetings and staff comments. The City has requested that the revised landscaping concepts will proceed in the form of the landscaping construction documents. This task includes attendance of the landscape architect at the planning commission meeting (10/28/08) and one revision of the landscaping and irrigation plans from combined staff review/planning commission comments. Repair/replacement/modifications of irrigation systems on private property is anticipated to be resolved in the field between the contractor and the property owner; exploring/reconnaissance/redesign of existing private property irrigation systems is not included. Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 10 Task AW11 East Leg Revisions The work for this task has been performed and included City meetings, design modification review and alternatives and revision of the project plans to incorporate design changes on Del Obispo Street east of Camino Capistrano to avoid property acquisition. Plan changes included the typical sections, demolition, plan and profile, signing and striping, traffic signals, landscaping and irrigation. Task AW12 Additional Meetings, Revisions and Support This task includes work to be performed by Willdan as directed by the City. Work may include Willdan attendance meetings including progress, staff meetings, committee/commission and property owner meetings; plan revisions/exhibit preparation for these meetings (.pdf or hard copy); landscaping revisions; and additional property appraisals. A budgetary amount has been established for this task and will be performed on a time and materials basis as directed and approved by the City. Upon expending 80% of the budgeted fee for this task, Willdan will notify the City and confirm whether the City would like to authorize Willdan to provide additional project support services as part of a separate addendum. Task AW13 Project Management This task includes project management services to complete this project as well as providing on-going City project manager support including staff report reviews, staff coordination, phone calls, and e-mail correspondence. FEE FOR ADDITIONAL WORK A total fee of $75,390.00 includes services for work already provided and for work to be provided to complete the PS&E design, 0 0 O 6HFElB 3190 prMur XRNROER !1)D pvNpur EXOIXEER {1N prgeur ENgMEER II {11B prDaur —R {1W pr Mu 3YRVEYR1pMIN3 31N prbeur AXRLYBTI {BB prbwr gYPVEY LREW Uil pr Neu su"ONSA l FEE i38N8 TRBN I DESCRIPTION BNb Nnin S f Xoun 3 Mwn 3 NBun { Noun f f Xwn f Haun { 3 DN LwoRN w01 oa oa DeuwNminy D 1. 2 SND D tD 1 20 {].BW 18 sf,BW !0 D W D W li Rim WO3 TI. SMI P[b PetxeWneN PrsE 0 W SY'J NNO 0 W 18 31A0] 0 W W W 5] NNO Hp BXn+RW Cwo LIm vIEIIMM 0Ny W {NO 0 IO TO f3.5]D iN0 W W D W R N.]10 WM--PN. Mamenb eM PevWons D W 5890 W SO B bF0 B ll, 1] NA<0 IB WAW B1ib vB 3111W YPoS WkenGmnnG s0vno 9NenM D W2 $NO 0 W 8610 B IND 0 W f0 W W110 VIOB CluW aoW PNeO MMV/. 0 W ] SNO 0 W 1B SE,OFO fN0 D W W 0 W ]B 58.3E0 WyN pn ilxu MNifulbm W {NO W14 61510 B 1. W 0 W 0 W N R]W WDB oe PigplgvO Pe - LOI PeNv n ] SiBO 8 IIAN 0 W ]] }),BPO A f],1W D W 0 W 0 W R.1W WOB ft,.. T— gi W ] {ND 0 W 0 W 0 W f0 W N 31.K0 ] Rttl W10 MWI NMup pbn 8 S1EW B f1,gB0 311W 18 SLAW tN RSED 0 W W 0 W 30,1!0 W11 Eeu e W jI WO 0 W24RlW ]e W.StDW 0 p W So SS 1O1 BonN Neetl $ fYD B {1 Y0 B 31,1'd N II,MO R S].NO D W W W N&0 W1> mug4nyymnlR� B S1 R0 W.1W W 0 W 0 W W 0 W 0 W BB N6A Iu.90WMNIRLWJRI(TA9N3 0 ]0 R I! ff Np N ! 1M f13 !3 .1 FR NBNO 'I ff.. f "I 11N i01W 0 !1 NO o'0N1a5N�mmyaemnenm-'-'-.• ��.� -n- ... _,��rvr-vw 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92875 (949) 4931171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL W Willdan Engineering 2401 East Katella Ave, Suite 450 Anaheim, CA 92806-6073 DATE: May 5, 2009 II(OIIOMIFI ' FiteLIS MU 1961 1776 FROM: Christy Jakl, Administrative Specialist (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: First Amendment to Personal Services Agreement — Del Obispo/Camino Capistrano Intersection Improvements 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 call me at (949) 443-6310. If you have questions concerning the agreement, please contact Nisha A. Patel, Associate Engineer at (949) 443-6350. An original amended agreement is enclosed for your records. Cc: Nisha A. Patel, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 40 Printed on 100°h recycled paper • 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this dayof 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Willdan (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to Prepare Plans and Specifications for the Camino Capistrano/ Del Obispo Street Intersection Improvements; 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 proceed in accordance with Project schedule as set forth in Exhibit "D," attached and incorporated herein by reference. Services required hereunder shall be completed by no later than December 31, 2006. Section 3. Compensation. 3.1 Amount. Total compensation forthe scope of services forthis Project shall not exceed One Hundred and Twelve Thousand Eight Hundred and Ninety Dollars ($112,890), as set forth in Exhibit "B," attached and incorporated herein by reference. c:\myfiWagree\pmonalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\personalsvcs.wpd -i- SD 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. c:Myfiles\agree\pmonalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\personalsvcs.wpd -2- 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, to the extent consistentwith the standard of care! (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this 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 further work under this 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. Conies 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. c:\myfiles\agw\pe onalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\pmonalsvcs.wpd -3- • 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. City's reuse of such materials on a project otherthan the project which is the subject of this agreement shall be at City's sole risk. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property resulting from the negligent acts, errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. 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; $1,000,000 injury to more than one person/any one occurrence/and general aggregate. 14.2 Comprehensive Automobile Liability. cAmyfles\agree\pe nalsvcs.wpd 01/25/00 p:\City Manager\cmgr shareMpe nalsvcs.wpd -�- 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 1185 (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 maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not be cancelled, 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. 14.7 Terms of Compensation. c:\myfiles\agree\personalsvcs.wpd 01/25/00 p:\Ciry Manager\cmgr shared\personalsvcs.wpd -5- • 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 and Consultant 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 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Engineering & Building To Consultant: Willdan 2401 East Katella Ave., Suite 450 Anaheim, CA 92806 Attn: Kenneth T. Steele, P.E. 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. c:\myfi'Wagree\pe nalsvcs.wpd 01125100 pACity Managa\cmgr shared\pe natsvcs.wpd -6- Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement where the amount in controversy does not exceed $25,000, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). All other disputes may be resolved in the court having proper jurisdiction. 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 By: Wyatf Ha r ayor CONSULTANT By:_ f, David 12. Senior Vice President ATTEST: R. Monahan, City Clerk AS TO FORM: John R. Sh w, City Attorney c:\myfiles agre \pmonalsvcs.wpd 01/25/00 p:\City Managa\cmgr shared\pmonalsvcs.wpd -T 0 E Camino Capistrano/Del Obispo Street Intersection Improvements Exhibit "A" Scope of Work The project is shown in the attached exhibit with the following exceptions/additions: 1. There is no widening on the south side of Del Obispo Street (driveways B-1 and B-2 are modified per the exhibit) 2. Driveway improvements are required on the east side of the Washington Mutual property. 3. Driveway improvements are required at the driveway north of C5 (EI Adobe restaurant) 4. Reconstruct sidewalk between driveways C1 and C2 5. Reconstruct sidewalk from driveway C3 to south side of EI Adobe property Phase 1 - Preliminary Investigation Meet with representatives of the City to review the project in detail and determine requirements and procedures for design, ongoing reviews, coordination, and meetings. 2. Assemble and review available information pertaining to the project, including existing survey data, as -built improvement plans, right-of-way maps, traffic data, utility information, existing pavement section information, studies, reports, and other available record data. Information will be compiled regarding future projects currently planned by the City, other governmental agencies, utility companies or private developers. Perform preliminary field reconnaissance to identify existing improvements, including photographic and video documentation for a general perspective on current field conditions. Phase 11 - Preliminary Engineering Conduct design surveys to provide accurate survey data necessary for the design and preparation of the contract drawings for this project. Aerial topography was obtained during the study phase of the project. This aerial topography will be used as a base for the design drawings. The survey data will consist of the following: A Perform research at the City and the County of Orange Resources and Development Management Department to assemble available centerline survey information. B Establish horizontal and vertical control along the record centerline of Del Obispo Street and Camino Capistrano, from found monumentation, City ties and benchmarks, along the proposed construction zone. The limits are approximately 500 feet from the intersection in both directions along both Del Obispo Street and along Camino Capistrano. C Verify or establish benchmarks at or near the project site. D Perform survey of the following existing conditions: i) Detail 11 existing driveways 9 ii) Cross section parkway between driveways C1 and C2 iii) Cross section parkway between C3 and EI Adobe driveway iv) Detail parking lot east of Washington Mutual and north of driveway D1 v) Cross section Del Obispo Street from railroad tracks to 100 feet beyond easterly join point. Include parkways and 20 feet beyond right of way. vi) Cross section Camino Capistrano at median modifications on south end of the project E Draft the survey data into the project drawings. 2. Perform utility coordination consisting of the following: A Conduct utility investigation of available record information within the project limits. B Plot record locations of known utilities within the project limits on the project drawings. Manholes, valves, meters, vaults, etc. will be identified and their disposition defined. C Review the utility information to determine the impact of the project on the various utilities. D Submit copies of the project drawings to effected utilities. E Coordinate relocation of utility facilities, if necessary. F Coordinate any proposed utility improvements with utility companies before new construction. 3. Perform geotechnical engineering on the north side of Del Obispo Street east of the intersection as follows: A Core the asphalt at 3 locations on the outside lane, next to the gutter B Measure the thickness of existing pavement section, asphalt concrete and aggregate base C Collect subgrade sample for laboratory testing D R -value test the representative subgrade sample E Design proposed pavement section for the proposed widening F Prepare a report presenting our findings, conclusions and recommendations. 4. Analyze five driveways on the northwest quadrant of the Camino Capistrano and Del Obispo Street intersection that serve the EI Adobe Plaza. Traffic counts will be conducted on three weekdays (Tuesday, Wednesday and Thursday) between the hours of 7-9 AM, 11 AM — 1 PM and 3-6 PM. Evaluate the southbound left turn pocket on Camino Capistrano at Avenida Golondrina to determine whether additional storage for the northbound left turn pocket on Camino Capistrano at Del Obispo Street will be beneficial. Counts will be conducted at the two study intersections of Camino Capistrano at Avenida Golondrina and Camino Capistrano at Del Obispo Street on three consecutive weekdays (Tuesday, Wednesday and Thursday) between the hours of 7-9 AM, 11 AM — 1 PM and 3-6 PM. A queue count will also be conducted during these same time periods for the northbound left turn pocket on Camino Capistrano at Del Obispo Street and the southbound left turn pocket on Camino Capistrano at Avenida Golondrina. 5. Provide environmental document support. This support will include an exhibit 0 showing the project boundaries and a project description. The required environmental documentation will be prepared by others. 6. Prepare a Tree Study for the impacted trees within the project limits. This will include a field visit by a licensed certified arborist to examine the existing trees that will be impacted by the project and the preparation of an arborist report detailing the impacts that may occur and determining if relocation and/or root pruning in lieu of removal of the trees will be possible as well as economical. Phase III - Preliminary Design 1. Develop a landscape motif that is congruent with the adjacent surroundings. Prepare a landscape concept plan (colored rendering in plan view at 20 scale) that will illustrate the following: • Address basic design elements for the project, i.e., opportunities and constraints. • Address adjacent surroundings, i.e., interfacing with public right -of way and commercial / private developments. • Preserve monumental trees and/or other significant features. • Planting palette suggestions. • Address modifications to current irrigation systems to comply with the new improvements within City and commercial / private property. 2. Prepare four photo simulations, two each at two locations, where improvements are being made. The photo simulations will show existing conditions as well as proposed conditions. 3. Submit the concept plan and/or photo simulations to the City and pertinent agencies for review and comments. If necessary, present a final concept plan and/or final photo simulation for final review and approval that addresses the comments from the City. The construction documents for the parkway improvements will commence after the City, pertinent agencies and commercial / private property owners have reviewed and approved the concept drawings and/or photo simulations. 4. Provide civil engineering design services in accordance with the Standard Specifications for Public Works Construction and the City of San Juan Capistrano Design Criteria. All design drawings will be prepared utilizing AutoCAD. 5. Prepare a title sheet drawing conforming to City standards. 6. Develop typical cross-sections for the street improvements. Pertinent existing and proposed information will be included. 7. Based on the above investigations and reports, develop four base plan and profile drawings at V = 20' horizontal and 1 = 2' vertical scale. Title blocks will conform to City standards. A Plot existing survey data. B Show construction centerline with stationing. C Plot existing utilities and show the owner of such utility as available. 9 U D Profile proposed curb and driveway improvements. E Detail required driveway, sidewalk and parking lot improvements. F Show water valve replacement including installation of three 8 -inch and one 10 - inch resilient wedge gate valves and abandoning five. 8. Prepare traffic signal modification designs at the intersections of Camino Capistrano at Del Obispo Street and Del Obispo Street at Plaza Drive. The plans will be prepared in accordance with the City of San Juan Capistrano requirements and Caltrans standards and specifications. At the Del Obispo Street and Camino Capistrano intersection, traffic signal heads will be shifted on existing poles and detector loops will be re -cut to coincide with new lane locations. No pole relocations are expected. At the Del Obispo Street and Plaza Drive intersection, signal poles will be relocated or new poles installed to accommodate new geometry and new detector loop location designated. We assume that the City has current existing signal plans to use as a base to add these design changes to. The plans will show proposed improvements. The traffic signal plans will be prepared at a scale of 1 "=20'. 9. Prepare signing and striping design plans in accordance with the City of San Juan Capistrano requirements and Caltrans standards and specifications. Willdan will evaluate, as part of this process, the raised "pork -chop" island at the entrance to the Plaza Del Obispo shopping center. The northbound left turn pocket length will also be evaluated at the intersection of Del Obispo Street and Camino Capistrano to determine if it can be extended using some of the area striped out at the intersection of Camino Capistrano and Avenida Golondrina. The plans will provide the locations and designation of existing and proposed signs for the street. The plans will also address any striping that would be removed during the construction phase of the project or is in conflict with the improvements. The signing and striping plans will utilize the State of California (Caltrans) Standard Plans and Standard Specifications, Caltrans Traffic Manual, the City of San Juan Capistrano requirements and the Manual of Uniform Traffic Control Devices (MUTCD). The signing and striping plans will be prepared at a scale of 1 "=20'. 10. Prepare street lighting modification plans in accordance with the City of San Juan Capistrano requirements and Caltrans standards and specifications. The street lighting plan will address proposed, existing, removed and relocated electrical equipment and appurtenances. The plans will be prepared at a scale of V=200'. 11. Traffic control during construction will be the responsibility of the Contractor. The project special provisions will require the Contractor to prepare a traffic control plan that conforms to MUTCD and WATCH criteria. 12. Prepare landscape plans in conformance with the approved concept plan. These plans will be in the required format for final approval and will include proposed irrigation and planting improvements. The irrigation modification plan will include existing irrigation system(s) and the re -designed system to accommodate the new roadway widening. Cutting and capping lateral lines, relocating and installing new irrigation heads and other necessary equipment, and designing new irrigation 0 0 systems as necessary for the new planting areas will be included. The planting modification plan will call out to remove and/or relocate trees, shrubs, and groundcover and add new planting material as necessary for the modified planning areas. 13. Prepare contract specifications and bid documents, using City "boilerplate," to conform to applicable requirements of the City and applicable local agencies. The specifications will supplement the current edition of the "Standard Specifications for Public Works Construction." 14. Prepare preliminary engineer's quantity and construction cost estimates. 15. Perform right of way engineering for partial acquisition of six parcels. A Discuss right of way requirements with City staff and obtain data needed for acquisition work. B Prepare legal descriptions and sketches for the acquisition parcels. 16.The PS&E package will be submitted to the City and other required agencies for review and comment at three stages: preliminary, intermediate, and final. Final PS&E will be submitted to utility companies with known facilities in the project area. We will address comments received at the preliminary and intermediate milestones and submit a complete, ready to bid, PS&E package to the City for final review and approval. 17.Attend coordination meetings with City personnel at various times during the design phase to obtain additional input and to review work. Phase IV - Final Design 1. Based on the City, utility company and other agency comments and requirements, revise and update the preliminary PS&E. 2. Appraise partial acquisition for six parcels. The Assessor Parcel Numbers for the parcels to be appraised are referenced as follows: 121-150-17 668-242-02 121-150-18 668-242-14 121-150-23 668-242-16 The appraisal report produced will be a Complete Appraisal presented in a Summary Report format and will comply with the Uniform Standards of Professional Appraisal Practice. The purpose of the appraisal is to estimate the just compensation for partial takings for acquisition purposes as of a current date of value. The taking impacts only landscaping on five of the six parcels. On the sixth parcel, parking is also impacted, but the parking lot can be modified so as to recapture any impacted parking spaces. Since the takings do not impact any major improvements or result in the permanent loss of parking or any other severance damages, the parcels will be appraised as though vacant. Furthermore, this proposal is based on the assumption the city will not require the landscape setbacks impacted by the project to be reestablished. Moreover, if the city acquires temporary construction easements, it is a basic assumption of the proposal that improvements within the 0 0 temporary construction easement area will be protected in place and or reestablish in like kind by the city's contractor. 3. Prepare final plans, specifications and engineer's construction cost estimates in a City approved format for construction bidding of the project. 4. Submit final PS&E to the City. Data And Services Furnished by the City 1. List of utility companies, agencies, and districts serving the project area, including the name, address and telephone number of their representatives. 2. Fees for permits and record information from utilities and other public agencies. 3. No fee encroachment permit for survey and geotechnical work. 4. Environmental documentation. 5. Title reports. 6. Coordination with affected property owners. 7. Traffic index to be used for pavement structural section design. 8. The proposed locations of water valve replacement and abandonment. 9. Right of way acquisition. 10. Bid document reproduction. 11. Advertising for bidding purposes. 12. Construction administration, inspection and staking. 13. Red line markups of as built changes for preparation of record drawings. t �,�„ oarvewnv mX CHANGES k3➢ N 47, MENIANN MGGIFICAilONS d 4MINO CAPISTRANO / DEL OBISPO STREET -�TOBER 1, 2004 INTERSECTION STUDY ork City of San Juan Capistr� Camino Capistrano/Del Obispo Street Intersecti•Improvements Exhibit "B" Compensation Total Fee $112,890 Civil Survey Geotechnical Traffic Landscape Appraisal $112,890 $35,210 $14,840 $4,000 $33,040 $18,900 $6,900 Preliminary Investigation Kickoff Meeting $750 $300 Data Research $760 $760 Site Visit $1,000 $840 $900 Preliminary Engineering Design Survey Centerlines/Right of Way $2,440 Cross Sections $4,800 Drafting $1,000 Supervision $600 Utility Coordination $1,770 Geotechnical Engineering $4,000 Driveway analysis $14,470 ED Support $1,740 Tree Study $1,500 Preliminary Design Landscape Concepts $2,800 Photo Simulations $4,000 Title Sheet $2,7001 1 Typical Sections $3,240 Civil Design Drawings $11,700 Traffic Signal $9,030 Signing and Striping $3,500 Street Lighting $3,200 Landscape Design $7,600 Specifications $2,880 $1,240 $800 Estimate $1,740 $400 Right of way Engineering $6,000 Meetings $2,640 $600 Final Design Respond to Review Comments $1,620 Appraisal $6,900 Final PS&E 1 $2,670 Total Fee $112,890 0 WILLDAN 10 Schedule of Hourly Rates Exhibit "C" FWA _® _aZ A ei Principal Engineer ...................................................$165.00 . Division Manager ......................................................155.00 50.00 City Engineer.............................................................155.00 Project Manager ........................................................155.00 Supervising Engineer................................................140.00 Senior Engineer ........................................................125.00 Senior Design Manager ............................................125.00 Design Manager ........................................................115.00 100.00 Associate Engineer ...................................................115.00 "80.00 / 95.00 Senior Designer ........................................................110.00 "75.00 / 95.00 Senior Design Engineer II .........................................110.00 Senior Design Engineer I ..........................................105.00 250.00 Designer 11.................................................................100.00 Designer1....................................................................95.00 Design Engineer II ....................................................100.00 Design Engineer I .......................................................95.00 / 95.00 Senior Drafter..............................................................90.00 Drafter 11......................................................................80.00 DrafterI.......................................................................75.00 Technical Aide............................................................65.00 CONSTRVQMN NANAGEMENT Division Manager ......................................................155.00 . Project Manager ........................................................155.00 50.00 Senior Construction Manager...................................135.00 Construction Manager...............................................125.00 Assistant Construction Manager...............................105.00 Utility Coordinator ......................................................110.00 Supervising Public Works Observer .........................110.00 Senior Public Works Observer...................................95.00 100.00 Public Works Observer ................................ "80.00 / 95.00 Assistant Public Works Observer ............... "75.00 / 95.00 Labor Compliance Manager .....................................105.00 Labor Compliance Specialist ......................................80.00 250.00 M J7c Division Manager ......................................................155.00 . Supervisor - Survey & Mapping ................................140.00 50.00 Senior Survey Analyst...............................................110.00 Senior Calculator ......................................................105.00 Calculator 11.................................................................95.00 Calculator1..................................................................85.00 Survey Analyst II .......................................................100.00 Survey Analyst I..........................................................85.00 100.00 Survey Party Chief ....................................................100.00 Field Party (One) ..............................................150.00 Field Party (Two).......................................................200.00 Field Party (Three) .................................................... 250.00 LANDSCAPE ARCHITECTURE Division Manager ......................................................155.00 Principal Landscape Architect...................................130.00 Senior Landscape Architect......................................110.00 Associate Landscape Architect.................................100.00 Assistant Landscape Architect ...................................85.00 BUILDING AND SAFETY Division Manager ......................................................155.00 . Supervising Plan Check Engineer.............................130.00 50.00 Building Official.........................................................130.00 Plan Check Engineer ................................................120.00 Deputy Building Official .............................................120.00 Inspector of Record ...................................................120.00 Senior Plans Examiner..............................................110.00 Supervising Building Inspector..................................110.00 100.00 Plans Examiner.........................................................100.00 Senior Building Inspector..........................................100.00 Supervisor Code Enforcement.............................100.00 Building Inspector ......................................... ""90.00 / 95.00 Supervising Construction Permit Specialist ................90.00 Senior Construction Permit Specialist .........................85.00 Senior Code Enforcement Officer...........................80.00 Assistant Building Inspector ........................."80.00 / 95.00 Code Enforcement Officer ..........................................65.00 Construction Permit Specialist ...................................70.00 Assistant Construction Permit Specialist ....................60.00 Plans Examiner Aide...................................................60.00 Assistant Code Enforcement Officer...........................55.00 PLANNING_ :. ; m ..... . Division Manager...... ......... ......... .........155.00 50.00 Principal Planner .......................................................130.00 Principal Community Development Planner..............130.00 Senior Planner..........................................................115.00 Senior Community Development Planner.................115.00 Associate Planner .....................................................100.00 Associate Community Development Planner ............ 100.00 Assistant Community Development Planner...............90.00 Assistant Planner ........................................................90.00 Planning Technician ....................................................70.00 Community Development Technician .........................70.00 aT,1 V VTT MM Computer Data Entry ..................................................50.00 Clerical........................................................................ 50.00 Word Processing .........................................................50.00 Personal Computer Time............................................15.00 "Prevailing Wage Project, Use $95.00/Hour Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. 0 0 ARROYO GEOTECHNICAL Fee Schedule - Personnel January 1, 2005 Accounting Cost Code 22005 .. i.tH/R1iIAi .. GEOTECHNICAL Principal/Chief Engineer/Geologist................................150.00 Senior Geotechnical Engineer/Geologist .......................130.00 Project Engineer/Geologist............................................110.00 Senior Staff Engineer/Geologist......................................90.00 Staff Engineer/Geologist ..................................................80.00 Sr. Soil Technician'(Non-prevailing Wages)...................75.00 Sr. Soil Tech nician•(Prevailing Wages)...........................85.00 Soil Technician' (Non -prevailing Wages) ....................... 65.00 Soil Technician' (Prevailing Wages)...............................75.00 SPECIAL INSPECTION Construction Material Engineer.....................................120.00 Supervisor........................................................................90.00 Construction Inspector (Non -prevailing Wages)..............55.00 Construction Inspector (Prevailing Wages).....................70.00 The rate includes field vehicle use charges Consultation in connection with litigation and court appearances will be quoted separately. General rates for such work are listed under expert witness. Staff assignments depend on availability of personnel, site location, and the level of experience required to satisfy the technical requirements of the project and meet the prevailing standard of professional care. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Travel time to and from the jab site will be charged at the hourly rates for the appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Mileage/Field Vehicle usage will be charged at the rate of $.50/mile or $5 per hour, subject to negotiation. The rates will remain firm for 120 days from the date of this submittal. Page 1 of 2 0 0 ARROYO GEOTECHNICAL Fee Schedule - Laboratory January 1, 2005 id I''01+*`�l %c�it:all iJ`owor...' r i�!@r#t@ In -Situ Moisture and Density (ASTM D2937)..... Grain Size Analysis (ASTM D422) Sieve Only (3„ to #200) ...................................... Sieve and Hydrometer ....................................... Percent Passing #200 Sieve (ASTM D1140)..... Atterberg Limits (ASTM D4318) MultiPoint.......................................................... OnePoint........................................................... Specific Gravity (ASTM D8541 .........18.00 .......... 65.00 .........100.00 ........ 45.00 .................................... Sand Equivalent (ASTM D2419) ................................. Modified Proctor Compaction (ASTM D1557) 80.00 65.00 50.00 65.00 Method A or B (4" Mold)..................................................150.00 20.00 Additional Time rate per load increment ..................... Method A or B (6" Mold)..................................................175.00 Single Load Swell (ASTM D4546) Compaction, California 216 .............................................150.00 60.00 Ring sample, air dried ................................................. California Bearing Ratio CBR (ASTM D1883) Expansion Index (ASTM D4829/UBC 29-2) ...............100.00 3 points............................................................................450.00 R-Value...........................................................................220.00 .. °sgt8r,rreris a� �.. `. Consoticta#bWCailaps&'and;Swe/l tests Consolidation (ASTM D2435) 8 load increments w/one time -rate .............................140.00 Additional load increment ........................................... 20.00 Additional Time rate per load increment ..................... 40.00 Single point (collapse test) ......................................... 40.00 Single Load Swell (ASTM D4546) Ring sample, field moisture ........................................ 60.00 Ring sample, air dried ................................................. 60.00 Remolded sample per specimen ................................ 40.00 Expansion Index (ASTM D4829/UBC 29-2) ...............100.00 Constant Head (ASTM D2434) ...................................225.00 Falling Head Flexible Wall (ASTM D5084) .................275.00 Triaxial Permeability (EPA 9100) ................................325.00 Corrosivity (pH, resistivity, sulfates, chlorides) ........... 150.00 Organic content (ASTM D2974) ................................. 60.00 6 X12 Concrete Cylinder (C39) .....................................20.00 2", 4", 6" Diameter Concrete Cores (Test Only).......... 30.00 Mortar and Grout, Cylinder, Prism, and Cubes.............30.00 Reinforcing Steel, Tensile and Bend Tests ................ 40.00 Unit rates presented are for routinely performed geotechnical and construction material laboratory tests. Other tests can be performed in our laboratory, including rock core, soil cement, and soil lime tests. Additional tests will be quoted on request. The rates will remain firm for a period of 120 days from the date of this submittal. Unit rates presented herein assume samples are uncontaminated and do not contain heavy metals, acids, carcinogens, or volatile organic compounds that can be measured by an OVA or PID with concentrations greater than 50 ppm. Arroyo will not accept contaminated samples. Uncontaminated samples will be disposed of 30 days after presentation of test results. Page 2 of 2 0 0 Hennessey & Hennessey Fee Schedule Sharon Hennessey.............................$150.00/hour Appraisal Assistants ............................. $55.00/hour Support Staff ......................................... $50.00/hour 01 olrn . . ............................... Z . ................................ . . . . ....... ............ -- - - - ---------------- ----- ---------- A7 20 2 0 0 01 olrn . . ............................... -- ---- . ................................ . . . . ....... ............ -- - - - ---------------- ----- ---------- A7 20 2 0 0 LU 01 olrn . . ............................... -- ---- . ................................ . . . . ....... ............ -- - - - ---------------- ----- ---------- 20 2 0 0 . O t5 0 L 2 E0 0 00 0 FL lg E -60 Z .g 2 1 gm 2 E .... .... .. Nrn .6 t5 CITY CLERKS DEPARTMENT- ACTION REMINDER Ftrsk N TO: Vie -Project Manager 'acccodch FROM: Christy �ecretary DATE: December 1, 2008 ��0=1 F9110LAi[SI.A On October 4, 2005, the City of San Juan Capistrano entered into a Personal Services Agreement with Willdan to prepare plans and specifications for the Camino Capistrano/ Del Obispo Street Intersection Improvements. ACTION REQUESTED: Said agreement states services shall be completed by December 31, 2006. On October 30, 2007, agreement extended to December 31, 2008. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: -* L 1r 11 o0 esw a L_ `' \ ZQo� SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ""FOR CITY CLERK'S DEPARTMENT USE ONLY`*" Tickler Date: 10/29/07 12/01/08 Deadline Date: 12/31/07 12/31/08 (600.30/willdan 1) 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Jeff McClure, Project Manager FROM: Christy Swanson, Secretary DATE: October 29, 2007 SITUATION: On October 4, 2005, the City of San Juan Capistrano entered into a Personal Services Agreement with Willdan to prepare plans and specifications for the Camino Capistrano/ Del Obispo Street Intersection Improvements. ACTION REQUESTED: Said agreement states services shall be completed by December 31, 2006. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: ca-�Cc1.►•`-T -c. tz (fit (2�c� DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: �.� � — IN DATE SIGNED: (C?-&=� "`FOR CITY CLERK'S DEPARTMENT USE ONLY"' Tickler Date: 10/29/07 Deadline Date: 19131/07 (600.30/willdan 1) 0 AGENDA REPORT TO: Dave Adams, City Manager yI FROM: Nasser Abbaszadeh, Public Works Director 0 4121/2009 SUBJECT: Consideration of Approval of a Mitigated Negative Declaration, Plans and Specifications, Authorization to Receive Bids, and Approval of the Design Addendum with Willdan Engineering for Del Obispo Street and Camino Capistrano Intersection Improvement Project (CIP No. 111) (Willdan) RECOMMENDATION: By motion, 1. Adopt a resolution approving a Mitigated Negative Declaration for the Del Obispo Street and Camino Capistrano Intersection Improvements; 2. Approve the plans and specifications; 3. Authorize the City Clerk to receive bids; and, 4. Approve the design addendum for Willdan Engineering. SITUATION Summary and Recommendation Plans and specifications, Attachment 5, for the Del Obispo Street and Camino Capistrano Intersection Improvements have been prepared. The City has also prepared an initial study and determined the project qualifies for a Mitigated Negative Declaration (MND). Staff is requesting City Council approval of the MND, approval of the plans and specifications, and authorization to receive bids. Approval of the design addendum for additional work performed by Willdan is also requested. Background Capital Improvement Project (CIP No. 111) Del Obispo Street and Camino Capistrano Intersection Improvements project will widen Del Obispo Street, modify and remove existing medians, and provide dual left turn lanes, one through lane and combination through/ right turn lane in the westbound direction (Attachment 1). E Agenda Report Page 2 Also, portions of sidewalk along ADA compliant sidewalks and north of Del Obispo Street is sidewalks and ADA compliance Less) driveway located south o ADA compliance. Scaled Back Proiect E April 21, 2009 Del Obispo Street are being reconstructed to provide driveways. The Camino Capistrano western sidewalk being reconstructed and widened to provide wider The northern "Mission Village Plaza" (Ross Dress for f Del Obispo Street is being reconstructed to provide The project originally proposed a more extensive widening on the north side of Del Obispo, east of Camino Capistrano. With input from the owners of the Plaza de Prosperidad; LP, property located at 31877 Del Obispo Street, Planning Commission, and the community to preserve fourteen trees on the Plaza property, staff has scaled back the project. The reduced project scope proposes curb, gutter, and sidewalk modifications only in front of Seaside Rancho property, which staff is in negotiations to acquire presently. The reduced project scope will result in shorter west bound dual left turn pockets and still provides delay time savings to the motorists using the intersection. ENVIRONMENTAL REVIEW The City's Environmental Administrator prepared an initial study pursuant to Section 15063 and 15064 of the California Environmental Quality Act (CEQA) Guidelines, issued an Mitigated Negative Declaration (MND) pursuant to Section 15070 of those guidelines. The Notice of Intent to adopt an MND has been posted pursuant to Section 15072 of those guidelines, and the City has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970). The public review period began on October 28, 2008 and ended on November 27, 2008, and no comments were received by the City during the public comment period. The Mitigated Negative Declaration is provided attached as Attachment 3. The project has been subsequently re -designed to lessen the extent of potentially significant environmental impacts and the mitigation measures have been revised accordingly to reflect the new design. All mitigation measures have been included in a Mitigation Monitoring Reporting Program (MMRP) as Exhibit A to the draft resolution approving the MND (Attachment 2). COMMISSION REVIEW This project has been reviewed by the Design Review Committee, Transportation Commission, and the Planning Commission. The Planning Commission had recommended reduction of proposed tree removals in the original project and the scaled back project has met the desired objective. 0 Agenda Report Page 3 FINANCIAL CONSIDERATIONS April 21, 2009 This project has secured GMA 11 Grant Funding of $150,000 through Orange County Transportation Authority (OCTA), $140,000 of which is for construction. To keep the funding, we must award a construction contract by June 30, 2009. We have also secured $250,000 of Proposition 1B Grant Funding with Orange County. Construction costs will be reduced with the elimination of the construction in front of the Plaza de Prosperidad site. We have received a project design addendum (Attachment 4) from Willdan Engineering. Additional design work was necessary since the project scope did change on two different occasions, and the changes include: 1.) Del Obispo Street widening- south side 2.) Traffic signal pole relocation and modifications 3.) New sidewalk and curb line at EI Adobe Restaurant driveway 4.) Additional property appraisal work 5.) Widening Camino Capistrano sidewalk, reconstructing with providing new curb line profile 6.) Del Obispo Street raised median design 7.) Washington Mutual drive-thru modifications 8.) Plaza De Prosperidad parking lot redesign 9.) Revisions to tree study 10.) Modifications to landscape concept plan 11.) On-going meetings, plan revisions and support 12.) Project management brick pavers and The additional work was a result of progression of the design, and accommodating the original needs of the Plaza de Prosperidad. Willdan has requested $75,390 for the additional work performed for this project. There are sufficient funds in the design budget to pay for this addendum. NOTIFICATION Pursuant to Title 9, Land Use Code, Section 9-2.302, Public Meetings, Administrative Policy 409, and Community Development Department Policy 510, a public meeting notice has been mailed to adjoining property owners and interested parties. Mr. Tony and Mrs. Orrie Brown, Plaza De Prosperidad, LP Mr. Robert Dalley, Sr., Seaside Ranchos Ken Steele, Willdan 0 Agenda Report Page 4 RECOMMENDATION: By motion, 0 April 21, 2009 Adopt a resolution approving a Mitigated Negative Declaration for the Del Obispo Street and Camino Capistrano Intersection Improvements; 2. Approve the plans and specifications; 3. Authorize the City Clerk to receive bids; and, 4. Approve the design addendum for Wilidan Engineering. Respectfully submitted, Nasser Abbaszadeh, PE Public Works Director Attachment(s): 1. Location Map 2. Draft Resolution including the MMRP 3. Mitigated Negative Declaration 4. Wilidan Design Addendum 5. Plans and Specifications Prepared by, Nisha A. Patel, PE Associate Engineer 41 0 THE CITY OF SAN JUAN CAPISTRANO CIP 111- DEL OBISPO STREET AND CAMINO CAPISTRANO INTERSECTION IMPROVEMENTS 11 0 3000 6000 9000 Feet ATTACHMENT 0 RESOLUTION NO, 09-04-21- 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR DEL OBISPO STREET AND CAMINO CAPISTRANO INTERSECTION IMPROVEMENTS (CIP 111) WHEREAS, the City has developed final design plans for improvements at the intersection of Del Obispo Street and Camino Capistrano in accordance with the City's General Plan Circulation Element, and the planned improvements include streetwidening, modification and removal of existing medians, dual left turn lanes, one through lane and a combination through/ right turn lane in the westbound direction Also, portions of sidewalk along Del Obispo Street and Camino Capistrano are being reconstructed to provide ADA compliant sidewalks and driveways; and, WHEREAS, on September 16, 2003, the City Council adopted the Traffic Congestion Relief Capital Improvement Program (TCRCIP) as recommended by the Traffic Congestion Relief Ad -Hoc Committee and ranked this project as priority #7 in the City's Traffic Congestion Relief Program; and, WHEREAS, this project has been processed in accordance with Section 9-2.337, Public improvement plans and outside agency development review of Title 9, Land Use Code; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15063 and 15064 of the California Environmental Quality Act (CEQA) Guidelines, has issued a mitigated negative declaration pursuant to Section 15070 of those guidelines, and has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines. Furthermore,. all required mitigation measures have been included in the Mitigation Monitoring Reporting Program (MMRP) attached hereto and incorporated herein; and the City has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, conducted a public meeting on October 28, 2008 pursuant to section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and WHEREAS, the project has been redesigned to preserve fourteen trees on the Plaza de Prosperidad property, and the project has been scaled down, which has eliminated the need to implement some of the originally -identified mitigation measures. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: ATTACHMENT2 0 0 The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Circulation Element because it coordinates improvements to the City circulation system with other major transportation improvement programs (Policy 1.3), and provides intersection capacity improvements that will improve the operational level of service (LOS) consistent with the General Plan Circulation Element level of service (LOS) standards; and, The proposed project complies with all applicable provisions of the City's administratively approved Public Facility Standards for public works projects; and, 3. The proposed project complies with all applicable provisions of the California Environmental Quality Act (CEQA) subject to the mitigation measures established by the Mitigation Monitoring Reporting Program (MMRP) provided as Exhibit A. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves a mitigated negative declaration for the proposed Del Obispo Street and Camino Capistrano Intersection Improvements project. PASSED, APPROVED, AND ADOPTED this 21st day of April, 2009. MARK NIELSEN, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK • MITIGATION MONITORING & REPORTING PROGRAM (MMRP) Capital Improvement Project (CIP) 111, Del Obispo Street & Camino Capistrano Intersection Improvements City of San Juan Capistrano, California INTRODUCTION The City of San Juan Capistrano has adopted this Mitigation Monitoring & Reporting Program (MMRP) in accordance with Public Resources Code (PRC) Section 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. The purpose of the MMRP is to ensure that the proposed project complies with all applicable environmental mitigation and permitting requirements. Mitigation measures for the project have been adopted by the City's approving body in conjunction with either the certification of a Final Environmental impact Report (E2) or the adoption of a Mitigated Negative Declaration (MND). All adopted mitigation measures for the project are integrated into this MMRP. Within this document, approved mitigation measures are organized and referenced by subject category (e.g. Aesthetics, Air Quality, Noise, Hydrology & Water Quality, etc.) and include those for all topical areas established by, the CaliforniaEnvironmental Quality Act (CEQA). The mitigation Measures include information ;on the method and timing of verification and the responsible party that Will ensure that each measure is implemented. Public ResourceesCode Section 21081.6 requires that the Lead Agency will monitor all mitigation measures established by the .approved environmental determination so as to ensure that implementation occurs and associated impacts San Juan Capistrano is the designated lead agency for Reporting Program and is responsible for the review enfOcement actions, and document disposition. are mitigated. The City of this Mitigation Monitoring & of any monitoring reports, EXHIBIT A E E W J w ul caz 2_ O op w j.c a `y Co Z z 'a ° E° E E O K aw o>a'c u amd l u v o 0 ca a,, d 'o w z O `o p� U `o y W N 0 O ~ 0 6 v w o a 6 Z IL f� 'N O Em oZ ° c w 0. m Z .c r> a as 0 U o N CL 0 Z O r v 00 w U U F W w M > a a 4) ooc'A m.u>w p0cYL�Lw, Lw.c £ CL c d �� D� m v 3 r�>_ c � 0) 0.- 2 U 3 Z G N C (_0 V r .O :s E mE Q U m �oCL do cwC 0 L Um E O N> tN` NS 0Z,.o o>E2�0— �wO �a- oo>oc NEu:aOn E E >E O'pw Q EN7_ C E O p 0. y U 2 0 u W N pp O c L GN O . O U) et U> m ` cc m m o w dO �2wm w m �o>mnCErnb-rn wCQ U d 0 UO 2 O dC j O. mmN nc a� 0 Q Nw aw O Na) O m Ol_ E O Zi O cm LG? O - '>" c c_...UN-. . `p Lr�0 L`Am p3...£ ° w f — O • .O'.> Lui C7 ab m oL aUw mwa=gin E cVmm O Q s0L 0 w jm M o X O y CD' F y O i 04 T> ayU 3 o c 0 m m C w m Cd Ow im ornN yd a 0 Ev> 8. c E Z Lccm m-2aQ a, - rnc d 'cppUcEdo 2�oE N �ao�Eo00 N .'=m°U cu L- w o o w �`- m O N— m m N L w O E a' N w N 0 O V m` m pN� w m E 8j O 16 N != w .. N N. 3 ,O C 3 w W Of y c m O y U� m 'C > U m w L O iF C w pp nm0£`w`o'>'mLE'- 'c j w w m,O'E-oma^c'mc m0 �m c, r 'C E c E O C L O O ... � c X E 0 0 6 0 N c L y v CL in CSO a�—onfl C Lu M2 r E�; wmw n�a acmQ= N d � Ecz Q U E E E O N W W W Q oaf 0_ O a+3 LUc O G O` m C O N C ` NO zN oa�yo �E2 ow�o �5�°0 cE0 EEorrn ow rm NLU d a- o y c � v d y 0- Um w I 0.0 U d U 0O m a (L a Z o y `o 0 m_ 2 U LL m C O h 0 0 O Q �a O O °tea za W > o c a` a 09 G C Y c O r O U E m v E o o z f w av d m a i L 1 J N O p >. O N a O (0 L C Q C y U O w O G C 9 C O d C N L_ O m C£ d > CL v5v.E.3�mc w N `oi0)a Q) O) ;cEw�va cc _ 3 v c¢ 0- 0 m w a � aE (D CL -tC oo W w o mE�ow�i o a) ° c •mac ), w' o f c E w do a3 TA Si�04) oov coo cps U v oEo 3uvi3 awgy�pp$ °-cm oovid 3 � m� :. �O V w O U C E 'O .y Fm .L. 'O W a"i E o o c o o a s 3 c m y N a y c r ED E m c a .s 3 °! w w m w o c L Tn 6 E E N w v a 3 N C m o> o° c o E a 2 v r > o$ y v o w p a n k c n d> g o° o? w z ti z0 M L N W t a N U N Lw, °. c w e 3 = °N'. .o o 'k `-' __ 3 o n m v Cu ,f� m w c �p 0.5;,= N c rn m=°� 3ELEv�c� �� $d=>�3m > '- w O E d C m N 7 9 N rnUtiM w y N C >_ C .Lw.. o'Omomcw .c a3im.0d L - �� -gU c N L C oo0+m@ Q' m �C O) U O wE 0 �0 cm> .� c w� 0 = U -o co c o oc a a�imw3vw,E c >. o .� BEwc m w a$ .� o c o' n_ w d .a• c v o$ c m o 0 2Zm'm2�c in >w'g.�Lo�N��os�� ° �i o v CO w aU vc w in o.m�� m•E o R y m= 42 m m m '6 O w 0 0 O C N X O °'= G C L y 0 C 0� > n O j C E U U ti U m o w U L m E m r "v c U Z- v o m c> 2 w N Z M 0F;� Z z 2 (above for use by County Clerk•Recordees. Office only) NEGATIVE DECLARATION city of san juan capistrano, California 1. APPLICANT: City of San Juan Capistrano 2. ADDRESS: 32400 Paseo Adelanto; San Juan Capistrano, CA 92675 3. PHONE NUMBER: (949) 443-6350, 4. LEAD AGENCY: City of San Juan Capistrano; 32400 Paseo Adelanto, 92675 5. PROJECT MGR.: 'Nisha Patel, Associate Engineer; npate[O-saniunneapistr@no.org 6.. PROJECT TITLE: Capital Improvement Project (CIP)111, Camino Capistrano and Del Obispo Street Widening. 7. DESCRIPTION: The proposed intersection improvement project consists of improvements identified in the Traffic Congestion Relief Program (TCRP) and is consistent with the pedestrian -oriented goals identified by Blue Ribbon Panel for the Downtown Village Core by improving vehicular and pedestrian circulation along these two corridors. The project includes the following elements: • Del Obispo Street is being widened and the existing medians modified and/or removed to provide for dual left -turn lanes, one through lane and one combination through/right turn lane in the westbound direction; • Portions of the sidewalk along Del Obispo Street are being reconstructed to provide ADA compliant sidewalks and driveways. • The Camino Capistrano western sidewalk north of Del Obispo Street is being reconstructed and widened to provide wider sidewalks and ADA compliant driveways. The northern "Mission Village Plaza" (Ross Dress for Less) driveway located south of Del Obispo Street is being reconstructed to provide ADA compliance. Right-of-way acquisition is needed to acquire portions of seven privately -owned parcels, primarily along Del Obispo Street. Staff has been coordinating with each of the affected property owners with the objective of securing right-of-way acquisition through a "friendly" (undisputed) process. An arborist report has been completed and recommends removal of poor to fair condition, median and parkway trees. New landscaping is proposed within the project limits to compensate for the removal of existing landscaping. Traffic signal modifications are required at the intersection in conjunction with the widened roadway and new lane configurations in order to maximize the efficiency and operational capacity of the intersection. Design modifications and re -design of the Plaza de Prosperidad parking lot and the Washington Mutual access drive. (parking area) will also be necessary to accommodate planned widening along the north edge of Del Obispo Street east of Camino Capistrano. The improvements associated with this CIP project must be ATTACHMENT 1 Negative Declaration (ND) CIP) 111, Camino Capistrano& Del Obispo'Street widening 2 City of San Juan Capistrano completed prior to the beginning of construction of the Del Obispo Street Widening improvements between Alipaz Street to the SORRA railroad tracks (CIP 122). ENVIRONMENTAL ADMINISTRATOR (EA) DETERMINATION: This project has been evaluated by the Environmental Administrator of the City of San Juan Capistrano in accordance with the Section 21080(c) of the California Environmental QualityAct (CEQA). The Environmental Administrator has determined thatthis projectwill not have a potentially significant adverse effect on the environment and issued a Mitigated Negative Declaration. The basis for the Environmental Administrator's determination is the Initial Study prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines. Copies may be reviewed or obtained from the Planning Department in City Hall located at 32400 Paseo Adelanto. The County Clerk's posting date at the top of the document establishes the beginning of the public review process. All public comments on the Negative Declaration/Mitigated Negative Declaration (MND) must be provided to the: project manager, in writing, within twenty (20) days of the posting date, or for projects requiring State Clearinghouse (SCH) review, within thirty (30) days of the posting date. A. Ramsey, AICP, Environnx€nta) Administrator Section 9-2.201 of the Title 9, Land Usk CAe establishes the authority of the City's Environmental Administrator for making environmental determinations and implementing the City's Environmental Review Guidelines. Pursuant to Section 9-2.311; Appeals of the Title 9, Land Use Code, any person may file an appeal of the Environmental Administrator's decision to issue a Notice of Exemption, Negative Declaration (ND), Mitigated Negative Declaration (MND) or require preparation of an Environmental Impact Report (EIR). Appeals must be filed in writing pursuant to Section 9-2.311 of Title 9, Land Use Code In a timely mannerwith the City clerk's office. The filing of an appeal stays the issuance of an environmental determination until a decision by the City Council on the appeal. cc: County Clerk Project file / Project Manager CEQA file (Planning Secretary) Posting: [ ] City Hall; [ ] Public Library; [ ] . Community Center 1 INITIAL STUDY city of san Juan Capistrano California 1.. PROJECT: Capital Improvement Project (CIP) 111, Camino Capistrano and Del Obispo Street Widening. 2. LEAD AGENCY: City of San Juan Capistrano 3. CONTACT PERSON & PHONE: , Nisha Patel, Associate Engineer; (949) 443-6350; n oatellasan Tuan caoi strano. ora 4. PROJECT LOCATION: The project limits extend along Del Obispo Street from a point about 230 feet east of Plaza Drive westerly, to the east side of the Southern California Regional Rail Authority (SCRRA) railroad, and along Camino Capistrano from the EI Adobe Restaurant entrance southerly, to the Chevron Service Station northerly entrance. 5. APPLICANT: City of San Juan Capistrano. 6. GENERAL PLAN DESIGNATION: The General Plan Land Use ElemenPs Land Use Policy Map designates the adjoining properties as "3.1 General Commercial" which allows commercial and service development. 7. ZONING: The Official Zoning Map (adopted November 20, 2002) indicates that the adjoining properties are within the °GC" (General Commercial) Zone District which allows commercial and service development. S. PROJECT DESCRIPTION: The proposed intersection improvement project, consists of improvements identified in the Traffic Congestion Relief Program (fCRP) and is consistent with the pedestrian -oriented goals identified bythe Blue Ribbon Panelforthe Downtown Village Core by improving vehicular and pedestrian circulation along these two corridors. The project includes the following elements: • Del Obispo Street is being widened and the existing medians modified and/or removed to provide for dual lefttum lanes, one through lane and one combination throughlright tum lane in the westbound direction; • Portions of the sidewalk along Del Obispo Street are being reconstructed to provide ADA compliant sidewalks and driveways. • The Camino Capistrano western sidewalk north of Del Obispo Street is being reconstructed and widened to provide wider sidewalks and ADA compliant driveways The northern "Mission Village Plaza" (Ross Dress for Less) driveway located south of Del Obispo Street is being reconstructed to provide ADA compliance. Right-of-way acquisition is needed to acquire portions of seven privately -awned parcels, primarily along Del Obispo Street. Staff has been coordinating with each of the affected property owners with the objective of securing right-of-way acquisition through a "friendly" (undisputed) process. An arborist report has been completed and recommends removal of poor to fair condition, median and parkway trees. New landscaping is proposed within the project limits to compensate for the removal of existing landscaping. Traffic signal modifications are required at the intersection in conjunction with the widened roadway and new lane configurations in orderto maximize the efficiency and operational capacity of the intersection. Design modifications and 0 L-A Initial Study/Environmental Checklist -2- City of b.n Juan Capistrano. California re -design of the Plaza de Prosperidad parking lot and the Washington Mutual access drive (parking area) will also be necessaryto accommodate planned widening along the north edge of Del Obispo Street east of Camino Capistrano. The improvements associated with this CIP project must be completed prior to the beginning of construction of the Del Obispo Street Widening improvements between Alipaz Street to the SCRRA railroad tracks (CIP 122). 9. SURROUNDING LAND USE(S) & PROJECT SETTING: Surrounding land use almost exclusively consist of commercial retail, services, and professional office development. . 10. OTHER REQUIRED AGENCYAPPROVALS:The Citywill need to coordinate plan review with the Orange County Transportation Authority (OCTA) for those road improvements in the vicinity of the Southern California Regional Rail Authority (SCRRA) railroad tracks. However, the project does not require any permits from Federal, State, or County agencies. 11. PREVIOUS ENVIRONMENTAL DOCUMENTATION: None. 12. CONSULTATION: A. Federal, State, and Other Local Agencies: Orange County Transportation Authority (OCTA) B. City of San Juan Capistrano Steven Apple, ACCP, Planning Director Grant Taylor, Assistant Planning Director Jason Retterer, Deputy City Attorney Nasser Abbaszadeh, Engineering & Building Director Nisha Patel, Associate Engineer Sam Shoucair, Senior Engineer Ziad Mazboudi, Senior Civil Engineer Alan Oswald, Senior Engineer -Traffic C. Documents & resources: . City of San Juan Capistrano, General Plan. City of San Juan Capistrano, Title 9, Land Use Code. City of San Juan Capistrano, Environmental Review Guidelines. City of San Juan Capistrano, Street Tree Master Plan. 13. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a `Potentially Significant Impact' as indicated by the checklist on the following pages o ❑ Aesthetics ❑ Biological Resources ❑ Hazards & Hazardous ❑ Mats. ❑ Mineral Resources ❑ Public Services ❑ Utilities & Service Systems ❑ Agricultural Resources ❑ Air Quality ❑ Cultural Resources ❑ Geology & Soils ❑ Hydrology & Water Quality ❑ Land Use & Planning ❑ Noise ❑ Population & Housing ❑ Recreation ❑ Transportation & Traffic ❑ Mandatory Findings of Significance 0 Initial StudvlEnvironmental Chboklist -3-City of San Juan Capistrano California 14. DETERMINATION. (To be completed by lead agency) Based on this initial evaluation: I find that the proposed projectCOULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION, will be prepared. { I find that although,the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. In I find that the proposed project.MAY have a significant'effect on the. environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the eariiet analysis as described on attached sheets. A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could haves significant effect on the environment,. because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, Including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 15. ENVIRONMENTAL ADMINISTRATOR DETERMINATION (Section 9-2.201 of SJC Municipal Code): The initial study for this project has been reviewed and the environmental determination is hereby approved: " Date: (riL' [• ila r 1�7� Willi m Ramsey, Al P. Principal Pla er Environmental Administrator Initial Stud /Environmental Che klist 4- City of h Juan Ca istrano California I ( PROJECT LOCATION MAP e SAN JUAN CAPISTRANO N ry n s i Capital improvement Project 111, - - ! Camino Capistrano a Dei Obispo $treat widening: 44 i t✓ a � • • �p "� 0 3000 BODO WOO Feel i I i Initial_Study/Environmental Checklist -5- City of San Juan Capistrano California 16. ENVIRONMENTAL CHECKLIST This section analyzes the potential environmental impacts which may result from the proposed project. For the evaluation of potential impacts, the questions in the Initial Study Checklist (Section 2) are stated and answers are provided according to the analysis undertaken as part of the Initial Study. The analysis considers the project's short-term impacts (construction -related), and its operational or day -today impacts. For each question, the following should be provided: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the Information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project wlllnot expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, Including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the City has determined that a particular physical impact may occur, then the checklist answers must indicate whether the Impact Is potentially significant, less than significant with mitigation; or less than significant. "Potentially Significant Impact" is appropriate If there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination Is made, an. EIR Is required. 4)- "Negative Declaration: Less Than Significant With Mitigation- Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuanttothe tiering, program EIR,orother CEQAprocess, an effect has been adequately analyzed In an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation, measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where, appropriate, include a reference to the page or pages where the statement is substantiated. 7) Include a source list and list of individuals contacted or consulted. 6)- This form is consistent with the California Environmental Quality Act (CEQA)Guidelines and all Initial Studies performed on projects within the city must use this format 9) The explanation of each issue should identify, a) the significance criteriaor threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. 0 Ll Initial Study/Environmental Checklist -6- City of San Juan Capistrano, California a. Have a substantial adverse effect on a scenic vista? No Impact. The General Plan Community Design Element designates all arterial streets within the City as "scenic corridors," but does notestablish specific "scenic vistas." The General Plan policies seek to assure that arterial street corridors are designed and improved to maintain positive or beneficial aesthetic experience. The project limits do not include and scenic vistas or views. Shoff -term construction -related aesthetic impacts would consist primarily of the presence of construction equipment, andeddidonal signage and warning markers on roadways. Aesthetic resources would not be damaged or diminished as a result of construction -related activities. These short- term impacts are temporary and would cease upon project completion. Therefore, the project will have no impact on scenic vistas. b. Substantially damage scenic resources, including, but.notilmited to, trees rockoutcroppings, and historic buildings along a state scenic highway? No Impact. Because the project area is not a state scenic highway, the project will have no impact on scenic resources along a State -designated highway. c. Substantially degrade the existing visual character orquality of the site and its surroundings? Less Than Significant Impact with Mittgatfon. The City's General Plan seeks to protect and preserve existing trees as important elements of the City's visual and environmental character and Title 9, Land Use Code includes provisions establishing criteria for the removal of existing mature trees. Also, the City's Architectural Design Guidelines promote the use of a California native landscape palette. The demolition plans for the proposed project Indicate the removal of thirty-five (35) existing trees with a diameter of 6 inches or greater. Existing Sycamores within the Del Obispo Street median to the east and west of Camino Capistrano Would be removed. Three specimen tees (Tristahias-Brisbane Box) would be removed from the Washington Mutual (WaMu) Bank site, and fourteen tees (4 London Plane Sycamores and 10 Canary Island Pines) would require removal from the Plaza de Prosperidad site. The tree removals from the two properties are necessary to accommodate planned widening along the north edge of Del Obispo Street. - The removal of the three trees from the Washington Mutual (WaMu) Bank site results in a relatively minor change in the visual character of the surrounding area due to the fact that they are generally located internal to the site. Their removal is largely mitigated by the remaining trees being preserved and the addition of new landscaping. However, the removal of the eleven existing trees from the Plaza de Prosperidad would substantially alterthe visual character of the Plaza site and the Del Obispo Streetview corridor because the trees screen and shade the existing parking lot and provide visual relief along the street frontage. The removal of these trees constitutes a potentially significant impact that necessitates mitigation. 16.1 AESTHETICS. Would the project a. Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ E b. Substantially damage scenic resources, Including,, but not limited to trees, rock outcroppings, and historic building along a State- ❑ ❑ ❑ E designated scenic highway? c. Substantially degrade the existing visuai character or quality of the site ❑ ® ❑ ❑ and its surroundings? d. Create a new source of substantial light or glare which would . ❑ ❑ Eladversely affect day or nighttime views in the area? a. Have a substantial adverse effect on a scenic vista? No Impact. The General Plan Community Design Element designates all arterial streets within the City as "scenic corridors," but does notestablish specific "scenic vistas." The General Plan policies seek to assure that arterial street corridors are designed and improved to maintain positive or beneficial aesthetic experience. The project limits do not include and scenic vistas or views. Shoff -term construction -related aesthetic impacts would consist primarily of the presence of construction equipment, andeddidonal signage and warning markers on roadways. Aesthetic resources would not be damaged or diminished as a result of construction -related activities. These short- term impacts are temporary and would cease upon project completion. Therefore, the project will have no impact on scenic vistas. b. Substantially damage scenic resources, including, but.notilmited to, trees rockoutcroppings, and historic buildings along a state scenic highway? No Impact. Because the project area is not a state scenic highway, the project will have no impact on scenic resources along a State -designated highway. c. Substantially degrade the existing visual character orquality of the site and its surroundings? Less Than Significant Impact with Mittgatfon. The City's General Plan seeks to protect and preserve existing trees as important elements of the City's visual and environmental character and Title 9, Land Use Code includes provisions establishing criteria for the removal of existing mature trees. Also, the City's Architectural Design Guidelines promote the use of a California native landscape palette. The demolition plans for the proposed project Indicate the removal of thirty-five (35) existing trees with a diameter of 6 inches or greater. Existing Sycamores within the Del Obispo Street median to the east and west of Camino Capistrano Would be removed. Three specimen tees (Tristahias-Brisbane Box) would be removed from the Washington Mutual (WaMu) Bank site, and fourteen tees (4 London Plane Sycamores and 10 Canary Island Pines) would require removal from the Plaza de Prosperidad site. The tree removals from the two properties are necessary to accommodate planned widening along the north edge of Del Obispo Street. - The removal of the three trees from the Washington Mutual (WaMu) Bank site results in a relatively minor change in the visual character of the surrounding area due to the fact that they are generally located internal to the site. Their removal is largely mitigated by the remaining trees being preserved and the addition of new landscaping. However, the removal of the eleven existing trees from the Plaza de Prosperidad would substantially alterthe visual character of the Plaza site and the Del Obispo Streetview corridor because the trees screen and shade the existing parking lot and provide visual relief along the street frontage. The removal of these trees constitutes a potentially significant impact that necessitates mitigation. 0 0 initial Study/Environmental Che=-ldist -7- City of San Juan Capistrano California Mitigation Measure A-1: The final landscape plan shall provide for the replanting of replacement trees on the Plaza de Prospeddad site at a ratio of 1:1, or if inadequate planting area results in a less than 1:1 replacement ratio, the City may. provide appropriate compensation to be negotiated between the City and Plaza de Prosperldad . Such replacement trees shall consist of a California native or friendly species listed on the City's approved plant palette. Replacement trees will consist of a mix of 24 Inch box, 36 inch box, and 46 inch box specimens or larger, except where the planting area would only accommodate a 15 gallon tree. Mitigation Measure A-2: The final landscape plan will be subject to review and approval of the Planning Director or his designee who may refer the plan to the Design Review Committee for review and recommendation. Prior to consideration of approval of the final landscape plan, said plan shall be provided to the adjoining property owners, Washington Mutual (WaMu) Bank and Plaza de Prosperidad for their review and comment at least ten (10) days before final approval. Should the adjoining property owners decline to respond in writing to the City within 10 days, such inaction will be deemed acceptance of the plan. Because the City cannot legally impose this mitigation measure, Section 15126.4(a)(5) of CEQA provides that this mitigation measure need not be proposed or analyzed. Consequently, should thaproperty owners and the City be unable to come to an agreement over the nature and extent of such landscape improvements, the City would retain the legal authority to move forward with the planned street widening improvements with no further obligation to address the landscaping Issue for the adjoining private properties, and landscaping shall be limited to the public right-of-way (note: under this scenario, the City would amend the project design so that minimal public right-of-way acquisition would be necessary to Implement the widening).. d.. Create anew source of substantial light orglare which would adversely affect day or nighttime views in the area? No Impact. The proposed project would not create new significant source of lighting. Title 9, Land Use Code requires that all lighting use shielded luminaries with glare control to prevent light spillover onto adjacent areas. Therefore, the project would have no light or glare Impacts. a. Convert Prime Farmland, Unique farmland, orFarmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency; to non-agrlcultural use? No Impact Designated land uses within theproject area do not include agricultural uses and project Implementation would not res41t in conversion of existing farmland to non-agricultural uses. Therefore, the project does not affectan agricultural resource area and thus does not impact designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. - b. Conflict with existing zoning for agricultural use, Ora Williamson Act contract? NoImpact. The proposed,. project is located in an area zoned for low-density residential uses; agricultural designations do not occur i i gill 76.2 AGRICULTURAL RESOURCES, Would the project: a. Convert Prime Farmland, Unique Farland, Farmland of Statewide Importance as depicted on maps prepared pursuant to the Farland ❑ ❑ ❑ Mapping and Monitoring Program of the CA, Resources Agency? , b. Conflict with existing zoning for agricultural use, or a Williamson Act El ❑' ❑ Contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farland, to non- ❑ ❑ ❑ agricultural use? a. Convert Prime Farmland, Unique farmland, orFarmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency; to non-agrlcultural use? No Impact Designated land uses within theproject area do not include agricultural uses and project Implementation would not res41t in conversion of existing farmland to non-agricultural uses. Therefore, the project does not affectan agricultural resource area and thus does not impact designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. - b. Conflict with existing zoning for agricultural use, Ora Williamson Act contract? NoImpact. The proposed,. project is located in an area zoned for low-density residential uses; agricultural designations do not occur 0 0 Initial Study/Environmental Checklist -8- City of San Juan Capistrano Califomia within the project area and no WIllamson Act contracts apply. Therefore, implementation of the project would not result in any conflicts with existing zoning for agricultural use or a Williamson Act Contract. No impacts are'anticipated in this, regard. c. Involve other changes in the. existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? No Impact. As previously stated, the proposed project area is not located within an agricultural area. Thus, implementation of this project would not result in, changes in the environment, which would result in the conversion of farmland to non-agricultural use. No Impacts are anticipated in this regard. a. Conflict with or obstruct implementation of the applicable air qualityplan? No Impact. The project site is located within the South Coast Air Basin (SCAB), which is governed bythe South Coast Air Quality Management District (SCAQMD). A consistency determination is important_in local agency project review by comparing local projects to the Air Quality Management Plan (AQMP) in several ways. It fulfills the CEQA goal of fully informing local agency decision makers of the environmental costs of the project under consideration at a stage early enough to ensure that air quality concerns are addressed. The SCAQMD's CEQA Handbook states that "New or amended GP Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP." Strict consistency with all aspects of the plan is usually not required. A proposed project should be considered to be consistent with the plan if it furthers one or more policies and does not obstruct other policies. The Handbook identifies two key indicators of consistency: • Whether the project will result In an increase in the frequencyorseverity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of national ambient air quality, standards or the interim emission reductions specified in the AQMP (except as provided for CO in Section 9.4 forrelocating CO hot spots). • Whether the project will exceed the assumptions in the AQMPIn 2010 or increments based on the year of project build -out and phase. AQMD requires that "New or amended GP Elements, including land use zoning and density amendments; Specific Plans, and significant projects" be subject to consistency review. Because the proposed project does not fall Into any of the three categories, the project is exempt from consistency review and will not conflict with or obstruct implementation of the South Coast Air Quality Management Plan (SCAQMP). b. Violate any air quality standard or contribute substantially to an existing orprojected airquality violation? S n 16.3 AIR QUALITY. Would the project: a. Conflict with or obstruct implementation of the applicable air quality El El ID Z plan? b. Violate an air quality standard or contribute to an existing or projected ❑ ❑ air quality violation? c. Result in a cumulatively considerable net Increase of any criteria pollutant for which the project region is non -attainment under the applicable federal or state ambient air quality standard (Including ❑ ❑ ® ❑ releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting'a substantial number of people? Li ❑ Li X a. Conflict with or obstruct implementation of the applicable air qualityplan? No Impact. The project site is located within the South Coast Air Basin (SCAB), which is governed bythe South Coast Air Quality Management District (SCAQMD). A consistency determination is important_in local agency project review by comparing local projects to the Air Quality Management Plan (AQMP) in several ways. It fulfills the CEQA goal of fully informing local agency decision makers of the environmental costs of the project under consideration at a stage early enough to ensure that air quality concerns are addressed. The SCAQMD's CEQA Handbook states that "New or amended GP Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP." Strict consistency with all aspects of the plan is usually not required. A proposed project should be considered to be consistent with the plan if it furthers one or more policies and does not obstruct other policies. The Handbook identifies two key indicators of consistency: • Whether the project will result In an increase in the frequencyorseverity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of national ambient air quality, standards or the interim emission reductions specified in the AQMP (except as provided for CO in Section 9.4 forrelocating CO hot spots). • Whether the project will exceed the assumptions in the AQMPIn 2010 or increments based on the year of project build -out and phase. AQMD requires that "New or amended GP Elements, including land use zoning and density amendments; Specific Plans, and significant projects" be subject to consistency review. Because the proposed project does not fall Into any of the three categories, the project is exempt from consistency review and will not conflict with or obstruct implementation of the South Coast Air Quality Management Plan (SCAQMP). b. Violate any air quality standard or contribute substantially to an existing orprojected airquality violation? Initial Study/Environmental Ch'edklist -9- City of San Juan Capistrano, Calffomia Potentlally Slgnlficant Unless Mitigated. SCAQMD, in the °1993 CEQA Air Quality Handbook", established significance thresholds to assess the Impact of project related air pollutant emissions. Table 1 presents these significance thresholds recommended by the SCAQMD for short-term (i.e., construction) and long-term (i.e., operational) emissions. A project with daily emission rates below these thresholds is considered to have a less than significant effect on air quality. Individual lead agencies may determine if the SCAQMD thresholds are appropriate for their projects. The City recognizes the SCAQMD thresholds as the basis for determining if a project has a potentially significant impact on regional air quality. Table 3.1, SCAQMD Regional Pollutant Emission Thresholds of Significance ProjectPhase .. CO Pollutant Emis6I Ibs/tta VQC NOx PM�o PMas SOx Construction 550 75 100 150 55 150 Operation 550 55 55 150 55 150 SOURCE: South Coast AQMD 26.52 In addition to the regional pollutant emissions thresholds identified In the Table 1, the SCAQMD has also. developed a localized significance threshold (LST) methodology to estimate mass emission rates for each source receptor area (SRA). The use of LSTs is voluntary, to be implemented at the discretion of local public agencies acting as a lead agency pursuant to the California Environmental Quality Act (CEQA). LSTs would only apply to'projects that must undergo an environmental analysis pursuant to CEQA or the National Environmental Policy Act (NEPA) and are five acres or less. Because current methodologies adequately address potential air quality impacts and also assure for uniform and equitable treatment of air quality impacts, the City does not evaluate air emissions using the localized significance threshold (LST) methodology. CONSTRUCTION EMISSIONS Short-term minor impacts associated with the demolitieon, site grading, construction, and finishing (architectural coatings and asphalt) phases may result in local nuisances associated with increased dusttparticulate levels. Construction activities would result in criteria pollutant emissions'from stationary and mobile equipment,, including material delivery trucks and worker vehicles to and from the project site. This would be a temporary construction impact, which would. exist on a short-term basis during construction and would cease upon completion of construction. Temporary construction related air quality Impacts would include: • Particulate {fugitive dust and PM10) emissions from clearing and grading activities on-site; P Off-site air pollutant emissions at the power plant(s) serving the site, while temporary power lines are needed to operate construction equipment and provide lighting; Exhaust emissions and potential odors from the construction equipment used on-site as well as the vehicles used to transport materials to and from the site; and Exhaust emissions from the motor vehicles of the construction crew. Table 3.2, Estimated Short -Term Construction Air Quality Emissions Activity ROG Pollutant Emissions; Ibslda ;NOx.. 'CO sox I . P1116 1, PMxa Demolition, Site Grading, and Paving Equipment 3.31 26.52 14.03 0.00 26:34 6.45 Buildin Construction Equipment n.a. n.a. n.a. n.a. n.a. n.a. Architectural Coating . n.a. n.a. n.a. n.a. n.a. n.a. SCAQMD Thresholds 75 100 550 150 150 55 Exceeds SCAQMD Thresholds? No `No Na No No I No P Initial Study/Environmental Checklist -1 D- City of San Juan Capistrano California SOURCE: URBEMIS Version 9.2.4 Diesel Particulate Matter Emissions During Construction In 1998, the California Air Resources Board (ARB) identified particulate matter from diesel -fueled engines (Diesel Particulate Matter or DPM) as a Toxic Air Contaminant (TAC). The. majority of the heavy construction equipment used during construction would typically be diesel fueled and emit DPM. Impacts from toxic substances are related to cumulative exposure and are assessed over a 70 -year period. Cancer risk is expressed as the maximum number of new cases of cancer projected to occur in a population of one million people due to exposure to the cancer-causing substance over a 70 -year lifetime (California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Guide to Health Risk Assessment.) Demolition, grading/excavation and paving for the project, when the peak diesel exhaust emissions would occur, is expected to take approximately six weeks. Because of the relatively short duration of construction compared to a 70 -year lifespan, diesel emissions resulting from the construction of the project are not expected.to result in a significant DPM impact. Based on this analysis, project construction will not exceed AQMD thresholds and therefore, will not violate State or Federal air quality standards or contribute to an existing air quality violation in the air basin as only minor amounts of earth movement is proposed. However, in order to further reduce construction equipment operational emissions, all vehicles and construction equipment would be required to be equipped with state -mandated emission control devices. Therefore, project implementation would not result in locally elevated levels of regulated air emissions in close proximity to sensitive receptors. GREENHOUSE GAS EMISSIONS Global warming poses a potential threat to the economic well-being,.public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an Increase in the incidences of infectious diseases, asthma, and other human health-related problems. The. State Legislature has directed the California Air Resources Board to consult with the Public Utilities . Commission in the development of carbon dioxide (CO2) emissions reduction measures, including limits on emissions of greenhouse gases applied to electricity and natural gas providers regulated by the Public Utilities Commission. The Legislature has also directed the California Air Resources Board to assure that such measures meet the statewide emissions limits for greenhouse gases to be established pursuant to Assembly Bill 32. Consistent with the legislative policy established by AB32, the proposed project has been evaluated to estimate greenhouse gas emissions, in particular, carbon dioxide (CO2). These emissions have been estimated for the construction phase of the project: Table 3.3, Estimated. Greenhouse Gas (GHG) Emissions Construction Phase Only Emission Daily Project Emissions lbs/da CARB Threshold lbs/da Threshold Exceeded? carbon dioxide -0O2 2,001.8 t.b.d. n.a. nitrogen oxide-NO2 80.3 tb,d. n.a. sulfur dioxide -SO2 0.3 t.b.d. n.a. Total 2,082.4 Lb.d. n.a. (Source: Environmental Protection Agency (EPA), Greenhouse Gas (GHG) Emissions Estimator) 0 0 Initial Study/Environmental Chedklist -11- City of San Juan Capistrano. California c. Resultin a cumulatively considerable net increase of any criteria pollutant for which the project region is non-altainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? No Impact. Refer to Responses a) and b) above. d. Expose sensitive receptors to substantial pollutant concentrations? No Impact, Sensitive populations (i.e., children, senior citizens and acutely or chronically Ill people) are moresusceptible to the effects of air pollution than are the general population. Land uses considered sensitive receptors typically include residences, schools, playgrounds, childcare centers, hospitals, convalescent homes, and retirement homes. There are no sensitive receptors in proximity to the project site. As part of the SCAQMD's environmental justice program, attention was focused on localized effects of air quality. In accordance with Governing Board direction, SCAQMD staff developed localized significance threshold (LST) methodology and mass rate look -up tables by source receptor area (SRA) that can be used to determine whether or not a project may generate significant adverse localized air quality impacts. These are the maximum emissions from a project that will not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area. The LST methodology is described in "Final Localized Significance Threshold Methodology" dated June 2003 by the SCAQMD. The LST methodology presents mass emission rates for each SRA, for project sizes of 1, 2, and 5 acres, and nearest receptor distances of 25, 50, 100, 200, and 500 meters. For project sizes between the values given, or withreceptors at distances between the given receptors, the methodology uses linear interpolation to determine the thresholds. If receptors are within 25 meters of the site, the methodology i provides that the threshold for the 25 -meter distance should be used. Because the project area that will be subject to demolition, grading, construction and paving is substantially less than five acres, the project is exempt from the localized significance threshold (LST) methodology analysis. a. Create objectionable odors affecting a substantial number of people? No Impact. The proposed project would not create objectionable odors affecting a substantial number of people. 3 $ B 16.4 BIOLOGICAL RESOURCES. Would the project a. Have a. substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or ❑ ❑ ❑ 0 regulations, or by the California Department of Fish and Game or the USFWS? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional piens, Cl ❑ policies, regulations or by the California Department of Fish and Game (DFG) or U.5. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not El 0 F-1 Ellimited to, marsh, vernal pool, coastal, etc.) through: direct removal, filling, hydrological interruption, or other means? Initial Study/Environmental Checklist -12- City of §an Juan Capistrano, California a. Have a substantial adverse effect either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the USFWS? No Impact. The project area consists of an area previously disturbed by previous site construction. Plant communities within the project area, as identified by the Orange County Habitat Classification System, consist of urban, parks, and ornamental plantings. There is no native vegetation or habitat existing within the project impact area. Therefore, the proposed project would not have an adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in Local or regional plans, policies, or regulations; or by the Callfcmia Departmentof Fish and Game or U.S. Fish and Wildlife Service. b. Have a substantial adverse effect onanynpadanhabitat orothersensitivenatural community identified in local or regional plans, policies, regulations orby the Califomia Department ofFish and Game (DFG) or U; S. Fish and Wildlife Servlcs? No Impact. No stream, creeks, or waterbodies exist within or adjoining the project area, and therefore, the proposed project would have no substantial adverse effect on any riparian habitat or other sensitive natural community Identified in local, or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wild Service. c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact, No wetlands, as defined by Section 404 of the Clean Water Act, exist within the project area, and thus, the project would not result in impacts to wetlands d. Interfere substantially with the movement of any native resident ormgratoryfish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact The project would not interfere with the movement of any native resident or migratory fish or wildlife species, with established native resident or migratory wildlife corridors; or impede the use of native wildlife nursery sites, as none exist within the project area. e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policylordinance? No Impact The project site is surrounded by developed urban land uses, commercial development, parking lots, and ornamental landscaping. Any landscaping removed as a result of construction will be reestablished upon completion of construction consistent with the approved final landscape plan. f. -Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, orstate habitat conservation, plan? No Impact. The project area is generally situated in the Coastal and Southern Sub -region of the County of Orange Natural Community Conservation Plan and Habitat Conservation Plan (NCCP). However, the City is not a signatory to the Implementation Agreement Jor the sub -region and more importantly; the project site is located within a F i3a All S I d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or wildlife corridors, or impede the use of native wildlife nursery ❑ Elmigratory sites? a. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy/ordinance? ❑ ❑ ❑ f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, ❑ ❑ ❑ E regional, or state habitat conservation plan? a. Have a substantial adverse effect either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the USFWS? No Impact. The project area consists of an area previously disturbed by previous site construction. Plant communities within the project area, as identified by the Orange County Habitat Classification System, consist of urban, parks, and ornamental plantings. There is no native vegetation or habitat existing within the project impact area. Therefore, the proposed project would not have an adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in Local or regional plans, policies, or regulations; or by the Callfcmia Departmentof Fish and Game or U.S. Fish and Wildlife Service. b. Have a substantial adverse effect onanynpadanhabitat orothersensitivenatural community identified in local or regional plans, policies, regulations orby the Califomia Department ofFish and Game (DFG) or U; S. Fish and Wildlife Servlcs? No Impact. No stream, creeks, or waterbodies exist within or adjoining the project area, and therefore, the proposed project would have no substantial adverse effect on any riparian habitat or other sensitive natural community Identified in local, or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wild Service. c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact, No wetlands, as defined by Section 404 of the Clean Water Act, exist within the project area, and thus, the project would not result in impacts to wetlands d. Interfere substantially with the movement of any native resident ormgratoryfish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact The project would not interfere with the movement of any native resident or migratory fish or wildlife species, with established native resident or migratory wildlife corridors; or impede the use of native wildlife nursery sites, as none exist within the project area. e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policylordinance? No Impact The project site is surrounded by developed urban land uses, commercial development, parking lots, and ornamental landscaping. Any landscaping removed as a result of construction will be reestablished upon completion of construction consistent with the approved final landscape plan. f. -Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, orstate habitat conservation, plan? No Impact. The project area is generally situated in the Coastal and Southern Sub -region of the County of Orange Natural Community Conservation Plan and Habitat Conservation Plan (NCCP). However, the City is not a signatory to the Implementation Agreement Jor the sub -region and more importantly; the project site is located within a 0 0 Initial Study/Environmental ChodKlist -13- City of San Juan Capistrano. California developed area of the City of San Juan Capistrano. Therefore the projectwould not result in conservation planning Impacts. a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of CEQA? No Impact The existing project area has been completely disturbed. According to the City of San Juan Capistrano General Plan Cultural Resources Element (Figure CR -2, Locations of Prehistoric and Historic Archeological Resources), the project site and surrounding area are designated. as an "amhaeologlcally or historically sensitive area" Due to the highly disturbed nature of the project area, there is low potential for sub -surface resources to be present. However, the relatively proximity to the historical downtown creates the potential to encounter resources during construction. To mitigate potential impacts to historic and archaeologic resources, the following mitigation measure is necessary: Mitigation Measure CR -1: Prior to issuance of any grading or building, the applicant will retain the services of a RPA (Register of Professional Archeologists) -certified archeologist who will monitor all grading and excavation for potential impacts on cultural resources including archeological, paleontological, and historic resources. Also, the applicant will provide an executed contract for services with a RPA -certified archeologist including a scope -of -work which provides for comprehensive monitoring; a contingency for assessment, recovery, and/or evaluation; and the preparation of a technical memoranda or report. If historic and/or cultural resources are encountered during grading and/or building activities, the monitoring RPA archeologist may cease any grading and/or building construction activities, subject to confirmation by the City's Environmental Administrator (EA), to allow for preliminary assessment, evaluation of any cultural resources, and/or recovery. The archeological monitor or Environmental Administrator (EA) may allow grading activity to proceed at other locations on the project site which would not interfere with the assessment of uncovered cultural resources. Prior to occupancy permit Issuance, the project will, submit a technical memorandum or cultural resources report which details archeological monitoring efforts, findings, analysis, and conclusions consistent with City Council Policy #601 and subject to review and approval of the Planning Director. b. Cause a substantial adverse change in the signficance of an archaeological resource pursuant to Section 15064.5 of CEQA? No, Impact Refer to Response to a. above. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The City's General Plan does not address paleontological resources. However, paleontological sites are abundant in southern Orange County, especially along the coast and in creek areas. Due to the „ � E 16,5 CULTURAL RESOURCES. Would the project a. Cause a substantial adverse change in the significance of a historical 1 11 0 z resource as defined in ' 15064.5 of CEQA? b. Cause a substantial adverse change in.the significance of an El El 171 9 archaeological resource pursuant to ' 15084.5 of CEQA? c. Directly or indirectly destroy a unique paleontological resource or site 13 or unique geologic feature? d. Disturb any human remains, including those interred outside of formal 11 cemeteries? a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of CEQA? No Impact The existing project area has been completely disturbed. According to the City of San Juan Capistrano General Plan Cultural Resources Element (Figure CR -2, Locations of Prehistoric and Historic Archeological Resources), the project site and surrounding area are designated. as an "amhaeologlcally or historically sensitive area" Due to the highly disturbed nature of the project area, there is low potential for sub -surface resources to be present. However, the relatively proximity to the historical downtown creates the potential to encounter resources during construction. To mitigate potential impacts to historic and archaeologic resources, the following mitigation measure is necessary: Mitigation Measure CR -1: Prior to issuance of any grading or building, the applicant will retain the services of a RPA (Register of Professional Archeologists) -certified archeologist who will monitor all grading and excavation for potential impacts on cultural resources including archeological, paleontological, and historic resources. Also, the applicant will provide an executed contract for services with a RPA -certified archeologist including a scope -of -work which provides for comprehensive monitoring; a contingency for assessment, recovery, and/or evaluation; and the preparation of a technical memoranda or report. If historic and/or cultural resources are encountered during grading and/or building activities, the monitoring RPA archeologist may cease any grading and/or building construction activities, subject to confirmation by the City's Environmental Administrator (EA), to allow for preliminary assessment, evaluation of any cultural resources, and/or recovery. The archeological monitor or Environmental Administrator (EA) may allow grading activity to proceed at other locations on the project site which would not interfere with the assessment of uncovered cultural resources. Prior to occupancy permit Issuance, the project will, submit a technical memorandum or cultural resources report which details archeological monitoring efforts, findings, analysis, and conclusions consistent with City Council Policy #601 and subject to review and approval of the Planning Director. b. Cause a substantial adverse change in the signficance of an archaeological resource pursuant to Section 15064.5 of CEQA? No, Impact Refer to Response to a. above. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The City's General Plan does not address paleontological resources. However, paleontological sites are abundant in southern Orange County, especially along the coast and in creek areas. Due to the 0 0 Initial Stud4/Environmental Checklist -14- City of Sgn Juan Capistrano. California project site's location and the extensive disturbance which has occurred on the property, there is little potential for sub -surface resources. Disturb any human remains, including those interred outside of formal cemeteries? No Impact. There are no known grave sites within the project limits. Therefore, the disturbance of human remains is not anticipated. However, in the unlikely event that human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determinatlon of origin and disposition pursuantto Public Resources Code Section 5097.98. The County Coroner must be notified of any human remains find Immediately. If the remains are determined to be prehistoric, the Coronerwili notifythe Native American Heritage Commission (NAHC) which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery, and shalt complete the inspection within 24 of notification by the NAHC. The MLD will have the opportunity to make recommendations to the NAHC on the disposition of the remains. a. Expose people of structures to potential substantial adverse effects, Including the risk of loss, Injury, or death involving 1). Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault (Refer to Division of Mines and Geology Special Publication 42.); 2) Strong seismic ground shaking; 3) Seismic -related ground failure, including Uquefaction; or 4) Landslides? Less Than Significant Impact. The project site is located within the -seismically active southern California region and would likely be subjected to groundshaking, thus exposing proposed water transmission and storage facilities to seismic hazards. No known active seismic faults traverse the City of San Juan Capistrano. However, the City is located within 50 miles of several known potential sources of strong shaking, including the offshore segment of the Newport -Inglewood fault system located approximately six miles west of the City and the San Andreas fault system located approximately 50 miles east of the city. The City is not identified as an Alquist-Priolo Earthquake Fault Zone (formerly referred to as "Special Studies Zones"). Furthermore the County of Orange General Plan indicates that the project site is not within an Alquist Priolo Special Study Zone. Impacts are not anticipated. 16.6 GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the. risk of loss, Injury, or death Involving (i.) rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist, or ❑ ❑ ® ❑ based on other substantial evidence of a known fault (Refer to DM&G Pub. 42)?; or, (ii) strong seismic ground shaking?; or, (Ili) seismic - related ground failure, Including liquefaction?; or, (iv) landslides? b. Result in substantial soil erosion or the loss of topsoil? El 11 El Z c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- ❑ ❑ ❑ 19 site or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the 1994 ❑ ❑ ❑ UBC, creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not ❑ ❑ ❑ 7Z available for the disposal of waste water? a. Expose people of structures to potential substantial adverse effects, Including the risk of loss, Injury, or death involving 1). Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault (Refer to Division of Mines and Geology Special Publication 42.); 2) Strong seismic ground shaking; 3) Seismic -related ground failure, including Uquefaction; or 4) Landslides? Less Than Significant Impact. The project site is located within the -seismically active southern California region and would likely be subjected to groundshaking, thus exposing proposed water transmission and storage facilities to seismic hazards. No known active seismic faults traverse the City of San Juan Capistrano. However, the City is located within 50 miles of several known potential sources of strong shaking, including the offshore segment of the Newport -Inglewood fault system located approximately six miles west of the City and the San Andreas fault system located approximately 50 miles east of the city. The City is not identified as an Alquist-Priolo Earthquake Fault Zone (formerly referred to as "Special Studies Zones"). Furthermore the County of Orange General Plan indicates that the project site is not within an Alquist Priolo Special Study Zone. Impacts are not anticipated. 0 0 Initial StudvlEnvironmental ChoakAst -15- City of San Juan Capistrano California Southern California is a seismically active region likely to experience, on average, one earthquake of Magnitude 7.0, and ten (10) earthquakes of Magnitude 6.0 over a period of 10 years. Active faults are those faults that are considered likely to undergo renewed movement within a period of concern to humans. These include faults that are currently slipping, those that display earthquake activity, and those that have historical surface rupture. The California Geological Survey (CGS) defines active faults as those which have had surface displacement within Holocene times (about the last 11,000 years). Such displacement can be recognized by the existence of sharp cliffs in young alluvium, un -weathered terraces, and offset modem stream courses. Potentially active faults are those believed to have generated earthquakes during the Quaternary period, but.prlor to Holocene times. There are several active and potentially active fault zones that could affect the project site. The faults within these zones include the Newport -Inglewood, Whittier, San Andreas, San Jacinto, Malibu -Coast - Raymond, Palos Verdes, San Gabriel, and Sierra Madre -Santa Susana-Cucamonga faults. The proposed project would be required to be in conformance with the Uniform Building Code (UBC), the City's Seismic Hazard Mitigation Ordinance, and other applicable standards. Conformance with standard engineering practices and design criteria would reduce the effects of seismic groundshaking to less than significant levels. Liquefaction is the loss of strength of cohesionless soils when the pore water pressure in the soil becomes ,equal to the confining pressure. Liquefaction generally occurs as a 'quicksand" type of ground failure caused by strong groundshaking. The primary factors influencing liquefaction potential Include groundwater, soil type, relative density of the sandy soils, confining pressure, and the intensity and duration of groundshaking. According to the City of San Juan Capistrano Genera/Plan, dated December 14, 1999, the project area is not susceptible to liquefaction hazards. Landslides are mass movements of the ground that include rock falls, relatively shallow slumping and sliding of soil, and deeper rotational or transitional movement of soil or rock. Landsliding is considered likely within the Capistrano Formation which comprises much of the City's hillside slopes, However, according to the City of San Juan Capistrano General Plan, the project site is not located within a known or highly suspected landslide area. Further, site stabilization and soil compaction requirements required by project geotechnical investigation and design parameters established by the most recent UBC and the City's Seismic Hazard Mitigation Ordinance would reduce any potential Impacts to less than Significant levels. b. Result in substantial soil erosion or the loss of topsoil? No Impact. Grading and trenching during the construction phase of the project would displace soils and tempporarily increase the potential for soils to be subject to wind and water erosion. The contractor will be required to comply with standard engineering practices for erosion control and a qualified soils engineer will monitor soil compaction during construction. Soil erosion Impacts are not anticipated. c. Be located on a geologic'unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result In on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. 'No water extractions or similar practices are anticipated to be necessary that are typically associated with project -related subsidence effects. In addition, surface matedal.which would be disrupted/displaced would be balanced and re -compacted on-site during project construction. Adherence to standard engineering practices would result in no impacts. d. Be located on expansive soil, as defined In Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? No Impact. According to the Orange County and Western Part of Riverside County Soil Survey, dated September 1978, the project area soil association has a low shrink - swell potential. Farther, adherence to standard engineering practices contained within the most recent UBC will essentially eliminate any potential Impact e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The proposed project does not include the implementation of septic tanks or alternative wastewater disposal systems. 0 0 Initial Study/Environmental Checklist -16- City of San Juan Capistrano California' a. Create a significant hazard to the public orthe environment through the routine transport, use, ordisposal of hazardous materials? No Impact. The proposed project would not involve the routine transport, use, or disposal of hazardous materials, and would not result In such impact b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. The proposed project Is not anticipated to result in a release of hazardous materials into the environment However, during the short-term period of project construction, there is the possibility of accidental release of hazardous substances such as spilling of hydraulic fluid or diesel fuel associated with construction equipment maintenance. The level of risk associated with the accidental release of these hazardous substances is not considered significant due to the small volume and low concentration of hazardous materials. The contractor is required, under State and ]oral law, to use standard construction controls and safety procedures which would avoid and minimize the potential for accidental release of such substances into the environment. c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste Within one-quarter mile of an existing orproposed school? No Impact. No existing or proposed school facilities are located within a one-quarter mile radius of the project site. d. Be located on a site which Is Included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or 16.7 HAZARDS AND HAZARDOUS MATERIALS Would the project: a. Create a significant hazard to the public or the environment through ❑ the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable conditions Involving the release of hazardous ❑ ❑ 0 materials into the environment? C. . Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing ❑ ❑ ❑ ID or proposed school? d. Be located on a site which is Included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as 11❑ ❑ a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ El Elpublic use airport, would the project result in safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project ❑ ❑ ❑ area? g. Impair implementation of or physically Interfere with an adopted 11 El Elemergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, Injury or death Involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildiands? a. Create a significant hazard to the public orthe environment through the routine transport, use, ordisposal of hazardous materials? No Impact. The proposed project would not involve the routine transport, use, or disposal of hazardous materials, and would not result In such impact b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. The proposed project Is not anticipated to result in a release of hazardous materials into the environment However, during the short-term period of project construction, there is the possibility of accidental release of hazardous substances such as spilling of hydraulic fluid or diesel fuel associated with construction equipment maintenance. The level of risk associated with the accidental release of these hazardous substances is not considered significant due to the small volume and low concentration of hazardous materials. The contractor is required, under State and ]oral law, to use standard construction controls and safety procedures which would avoid and minimize the potential for accidental release of such substances into the environment. c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste Within one-quarter mile of an existing orproposed school? No Impact. No existing or proposed school facilities are located within a one-quarter mile radius of the project site. d. Be located on a site which Is Included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or 0 0 Initial Study/Environmental Checklist -17- City, of San Juan Capistrano California the environment? No Impact. The proposed project site is not included on a list of sites containing hazardous materials, and would not result in a significant hazard to the public or to the environment, e. For a project located within an airport land use plan or, where such. a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard. for people residing or working in the project area? No Impact The proposed project site is not located within an airport land use plan or within two miles of a public airport and would not result In a safety hazard for people residing or working In the project area. I. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The proposed project site is not located within the vicinity of a private airstrip and would not result in a safety hazard for people residing or working in the project area. g. Impairimplementation of orphysically Interfere with an adopted emergency response plan or emergency evacuation plan? No Impact The proposed project would have no impacts on emergency response plans or emergency evacuation plans. No revisions to adopted emergency plans would be would be required as a result of the proposed project. h. Expose people orstructures to a significant risk of loss, injury or death Involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact The project would not expose people or structures to a significant risk of wildland fires because the project site does not adjoin OCFA-designated wildland dress. 16.8 HYDROLOGY AND WATER QUALITY. Would the project a. Violate any waterquality standards orwaste discharge requirements? ❑ ® ❑ ❑ b.. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., ❑ ❑ 11the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially after the existing drainage pattern of the site or area including through the alteration of the course of a stream or river, in a ❑ 11 ❑ manner which would result in substantial erosion or siltation on -or off- site? d. Substantially alter the existing drainage pattern of .the site or area, including through the alteration of the course of a stream or river, or ❑ ❑ ❑ substantially increase the rate oramount of surface runoff in a manner which would result in flooding on or off site? e. Create or contribute runoff waterwhich would exceed the capacity of existing or planned stormwater drainage systems or provide ❑ ❑ ❑ substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? ❑ ❑ ❑ 0 g. Place housing within a 100 -year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate map or other El' ❑ ❑ flood hazard delineation map? Initial Study/Environmental Checklist -18- City of &nn Juan Capistrano. Californie h. Place within a 100 -year flood hazard area structures which would ❑ ❑ ❑ impede or redirect flood flows? i. Expose people or structures to a significant riskof loss, injury or death involving.flooding, including flooding as a result of the failure of a levee ❑ ❑ ❑ or dam? j. Inundation by seiche, tsunami, or mudflow7 ❑ ❑ El k. Result in an increase in pollutant discharges to receiving waters considering water quality parameters such as temperature, dissolved. oxygen, turbidity and other typical stormwater pollutants (e.g. heavy ❑. ❑ ❑ metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen -demanding substances, and trash)? I. Result in significant alternation of receiving water quality during or. ❑ ❑ ❑ following construction? m. Couldthe proposed project resultin increased erosion downstream? ❑ ❑ ❑ n. Result in increased impervious surfaces and associated Increased runoff? ❑ - ❑ ❑ o. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? ❑ ❑ ❑ p. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list? If so, can it result in an increase in any ❑ ❑ ❑ pollutant for which the water body is already impaired? q. Tributary to other environmentally sensitive areas? If so, can it ❑ ❑ ❑ exacerbate already existing sensitive conditions? r. Have a potentially significant environmental impact on surface water ❑ El 11quality to either marine, fresh, or wetland waters? s. Have a potentially significant adverse impact on groundwater quality? ❑ ❑ ❑ IR t. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of ❑ ❑ ❑ beneficial uses? - u. Impact aquatic, wetland, or riparian habitat? ❑ ❑ ❑ v. Potentially impact stormwater runoff from construction or post El El ❑ construction? w. Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials ❑ ❑ ❑ 23 handling or storage, delivery areas, loading docks or other outdoor work areas? x. Result in the potential for discharge of stormwater to affect the El ❑ 11. ® . beneficial uses of the receiving waters? 0 0 Initial Study/Environmental Chc, kfist -Ig- City of San Juan Capistrano, California. a. Violate any water quality standards or waste discharge requirements? Potentially Significant Impact Unless Mitigated. Construction of the proposed project may require temporary construction dewatering for flushing of the pipeline with water to clean the pipesprior to placing the facilities in service. If drainage is necessary, the contractor will be required to obtain and comply with the requirements of a groundwater dewatering discharge permit and/or wastewater permit as required by the Regional Water Quality Control Board (RWQCB). Compliance with applicable RWQCB permit requirements would result in less than significant Impacts to water quality. Additional impacts related to water, quality would range over three different phases of project implementation: 1) during the earthwork and construction phase, when the potential for erosion, siltation and sedimentation into on-site drainages would be the greatest; 2) following construction, prior to the establishment of ground cover, when the erosion potential may remain relatively high; and 3) following completion of the project, when impacts related to sedimentation would decrease markedly, but those associated with site runoff would increase. . Compliance with the statewide National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges'Associated with Construction Activity would prevent stormwater pollution from impacting waters of the U.S. In the vicinity of the project site. Implementation of the mitigation measures identified below would reduce potential water quality impacts to less than significant levels. Mitigation Measure WQ-1: Prior to the start of construction, the project shall submit to the City, for review and approval, a Stormwater Pollution prevention Plan (SWPPP) which shall emphasize structural and non-structural Best Management Practices (BMPs) In compliance with NPDES Program requirements. Specific measures shall include: I. Siltation of drainage devices shall be handled through a maintenance program to remove silt/dirt from channels and parking areas. ii. Surplus or waste material from construction shall not be placed in drainage ways. iii. All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be protected in a reasonable manner to eliminate any discharge to waters of the State. iv. During construction, temporary gravel dikes shalt be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff. v. Stabilizing agents such as straw, wood chips and/or soli sealant/dust palative shall be used during the Interim period after grading in order to strengthen exposed soil until permanent solutions are implemented. vi. Replanted and re -landscaped areas shall be maintained in order to assure adequate growth and root development. b. SuOstariffallydeplete groundwater supplies orintertere substantially with groundwater recharge such that there would be a net deficit In aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop t4 a level which would not support existing land 3 y. Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? z. Create significant increases in erosion of the project site or surrounding areas? a. Violate any water quality standards or waste discharge requirements? Potentially Significant Impact Unless Mitigated. Construction of the proposed project may require temporary construction dewatering for flushing of the pipeline with water to clean the pipesprior to placing the facilities in service. If drainage is necessary, the contractor will be required to obtain and comply with the requirements of a groundwater dewatering discharge permit and/or wastewater permit as required by the Regional Water Quality Control Board (RWQCB). Compliance with applicable RWQCB permit requirements would result in less than significant Impacts to water quality. Additional impacts related to water, quality would range over three different phases of project implementation: 1) during the earthwork and construction phase, when the potential for erosion, siltation and sedimentation into on-site drainages would be the greatest; 2) following construction, prior to the establishment of ground cover, when the erosion potential may remain relatively high; and 3) following completion of the project, when impacts related to sedimentation would decrease markedly, but those associated with site runoff would increase. . Compliance with the statewide National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges'Associated with Construction Activity would prevent stormwater pollution from impacting waters of the U.S. In the vicinity of the project site. Implementation of the mitigation measures identified below would reduce potential water quality impacts to less than significant levels. Mitigation Measure WQ-1: Prior to the start of construction, the project shall submit to the City, for review and approval, a Stormwater Pollution prevention Plan (SWPPP) which shall emphasize structural and non-structural Best Management Practices (BMPs) In compliance with NPDES Program requirements. Specific measures shall include: I. Siltation of drainage devices shall be handled through a maintenance program to remove silt/dirt from channels and parking areas. ii. Surplus or waste material from construction shall not be placed in drainage ways. iii. All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be protected in a reasonable manner to eliminate any discharge to waters of the State. iv. During construction, temporary gravel dikes shalt be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff. v. Stabilizing agents such as straw, wood chips and/or soli sealant/dust palative shall be used during the Interim period after grading in order to strengthen exposed soil until permanent solutions are implemented. vi. Replanted and re -landscaped areas shall be maintained in order to assure adequate growth and root development. b. SuOstariffallydeplete groundwater supplies orintertere substantially with groundwater recharge such that there would be a net deficit In aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop t4 a level which would not support existing land 0 0 Initial Study/Environmental Checkllst -20- City of San Juan Capistrano California uses or planned uses for which permits have been granted)? No Impact The project would not have the potential to substantially deplete groundwater supplies or interfere with groundwater recharge. No significant impacts are anticipated to occur. c. Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? No Impact. The project may result in a small increase in the amount of Impermeable surface area that could slightly increase runoff. No changes In drainage patterns associated with the proposed project are planned nor anticipated to occur. d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? No impact. Refer to Response c., above. a. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems orprovide substantial additionalsources olpollutedrunofF.? No impact Constructionof proposed improvements may result in minor changes In the amount of runoff due to a slight increase in .the amount of impermeable surface area within the project site. Surface runoff velocities, volumes and peak flow rates would slightly increase due to the marginal increase in impervious surfaces. However, due to the limited area of road widening, the proposed project would not have the capacity to create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems. Otherwise substantially degrade waterquality? No Impact. Discharge from the proposed project through stormwater facilities would consist of non -point sources. Stormwater quality is generally affected by the length of time since the last rainfall, rainfall intensity, urban uses of the area, and the quantity of transported sediment. Typical urban water quality pollutants usually result from motorvehicle operations, oil and grease residues, fertilizer/pesticide uses,, and careless material storage and handling. Majorityof pollutant loads are usually washed away during the first flush of the storm occurring after the dry -season period. However, due to the nature of the proposed projectwhich involves a minor increase in Impervious surface, potential impacts would not be significant g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The proposed project. does not propose to place housing in the a 100 -year flood hazard area. Therefore, no flood related impacts -would occur. h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? No Impact The project site is not located within a 100 -year flood hazard area. i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee ordam? No Impact. As previously stated, the project does not propose elements that would alter drainage nor contribute to the failure of a levee or dam, and therefore, the project would not expose people or structures to loss as a result j. Inundation by seiche, tsunami, or mudflow? No Impact There are no water bodies or geographical features in the project area that could result in a seiche, tsunami or mudflow. k. Result in an increase in pollutant discharges to receiving waters? Consider waterquaW paremeters such as temperature, dissolved oxygen, turbidity and other typical stormwater pollutants (e.g. heavy metals, pathogens petroleum derivatives, synthettoorganics, sediment nutrients, oxygen-darriandingsubstances, and trash)? No Impact. The project would not result In an increase in pollutant discharges. The quantity and composition of "first -flush" street pollution would remain essentially the same. 1. Result in significant altematign of receiving water quality during or following construction? No Impact During constriction, erosion control will be provided on-site to protect water quality. Operation is not anticipated to result in any water quality impacts. 0 0 Initial Study/Environmental Chadklist 1-21- City of San Juan Capistrano California m. Could the proposed project result in Increased erosion downstream? No Impact. Given the project's limited size and limited impervious surface, the project would produce a relatively low volume of stormwater runoff that would not result in increased downstream erosion. n.. Result in increased impervious surfaces and associated Increased runoff? No Impact. The increase in impervious surface and associated runoff is below the significance threshold established by the City for determining a significant impact o. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? No Impact. The project does not include mass site grading or substantial changes in project site drainage that would alter drainage patterns, or increase runoff flow rates or volumes. p. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list? If so, can It result in an increase in any pollutant for which the water body is already impaired? No Impact. The project site does not adjoin or discharge directly into a Federally -listed water body. q. Tributary to other environmentally sensitive areas? if so, can 9 exacerbate already existing sensitive conditions? No Impact See Response to p. above. r Have a potentially significant environmental Impact on surface water quality to either marine, fresh, or wetland waters? No impact The project would not discharge directly Into surface waters nor Involve operational characteristics that would result in pollutant discharges Into such waters including pesticides, herbicides, fertilizers and similar chemicals. s. Have a potentially significant adverse impact on groundwater quality? No Impact. The project site does not involve excavation, drilling, or cuts that could intercept or affect groundwater, and does not Involve sub -surface fuel tanks or similar features that could affect groundwater. t Cause or contribute to an. exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The proposed project will not result in any violation of applicable waterquality standards established bythe Clean WaterAct and implemented by the San Diego Regional Water Quality Control Board (RWQCB) through the regional National Pollution Discharge Elimination System (NPDES) permit.' u. Impact aquatic, wettend, ornparian habitat? No Impact. See response to Section IV.b. of this document v. Potentially Impact stomrwaterrunofffrom construction orpost construction? No Impact. The project will . implement a Stormwater Pollution Prevention Plan (SWPPP) to prevent such impacts. w. Result in a potential for dlscha, ge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling orstorage, delivery areas, loading docks or other outdoor work areas? No Impact All material handling is required to comply with State and local regulations to minimize spills. x. Result in the potential for discharge of stormwater to affect the beneficlal uses of the receiving waters? No impact. The project are does not adjoin nor discharge into receiving waters. y. Create the potential for significant changes in the flow.velocity or volume of stormwater runoff to cause environmental harm? No Impact. The project will neither increase the volume nor the velocity of stormwater flows, nor indirectly contribute to such impacts as a result of project implementation. , z. Create significant increases in erosion of the projectsite orsurrounding areas? No Impact See response to &action IV.b. 0 0 Initial Study/Environmental Checklist -22- City of San Juan Capistrano, California a. Physically divide an established community? No Impact. The proposed project will not have an Impact on the physical arrangement of an established community. Therefore, no impacts are anticipated to occur. b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact The proposed project Is consistent with the General Plan Land Use Element's designation for the project site and with the Official Zoning Map designation of the property and would not conflict with any adopted policies for the purpose of mitigating environmental effects. Therefore, no impacts would occur in this regard. c. Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. Refer to Response 16.4(f) above, which concludes the project would not conflict with any habitat. conservation plan. yyag 3 16.9 LAND USE AND PLANNING. Would the project: a. Physically divide an established community? ❑ ❑ ❑ b. Conflict with any applicable land use plan, policy, or regulation of an a. Result in the loss of availability of a.known mineral resource that ❑ ❑ Elwould be of value to the region and the residents of the state? agency with jurisdiction over the project (including, but not limited to the General Plan, specific plan, local coastal program, or zoning ❑ ❑ ❑ 19 El El E3land ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? a. Conflict with any applicable habitat conservation plan 'or natural community conservation plan? ❑ (] ❑ a. Physically divide an established community? No Impact. The proposed project will not have an Impact on the physical arrangement of an established community. Therefore, no impacts are anticipated to occur. b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact The proposed project Is consistent with the General Plan Land Use Element's designation for the project site and with the Official Zoning Map designation of the property and would not conflict with any adopted policies for the purpose of mitigating environmental effects. Therefore, no impacts would occur in this regard. c. Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. Refer to Response 16.4(f) above, which concludes the project would not conflict with any habitat. conservation plan. a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact ,The City's General Plan and Title 9, Land Use Code would not permit any mineral extraction on or within the vicinity of the project site. Therefore, the project would have no impact b. Result in the lass of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact Refer to Response 1410(a), above. 16.10 MINERAL RESOURCES. Would the project a. Result in the loss of availability of a.known mineral resource that ❑ ❑ Elwould be of value to the region and the residents of the state? b. Result in the loss of availability of a locally4mportant mineral resource recovery site delineated on a local general plan, specific plan or other 19 El El E3land use plan? a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact ,The City's General Plan and Title 9, Land Use Code would not permit any mineral extraction on or within the vicinity of the project site. Therefore, the project would have no impact b. Result in the lass of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact Refer to Response 1410(a), above. 011 Initial StudvlEnvironmental Checklist -23- City of San Juan Capistrano, California a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other egancies7 Potentially Significant Impact Unless Mitigated. The proposed project would create a short-term impact in terms of construction noise. Noise generated, by construction and demolition equipment, including trucks, backhoes and other equipment, may temporarily impact nearby sensitive receptors. As a general rule, construction noise reaches levels of about 92 dBA (CNEL) at 50 feet from the source. Pursuant to the City's Noise Ordinance standards, construction activities would be limited to certain days of the week and hours of the day for the duration of construction. Also, all vehicles and equipment will be required to use available noise suppression devices and be equipped with mufflers during construction activities. Due to the restricted hours, equipment restrictions, and relatively short period of construction, noise resulting from_ construction and demolition related activities would be less than significant with the following mitigation measures: Mitigation Measure N-1: Noise sources associated with construction, repairs, remodeling, or the grading of any real property, shall be exempt from the provisions of the City's noise codeif conducted from 7:00 a.m. to 6:00 p.m. on Monday through Friday, or from 830 a.m. to 4:30 p.m. on Saturday. Construction is prohibited at any time on Sunday or a Federal holiday. Mitigation Measure N-2: Equipment will use available noise suppression devices and property maintained mufflers. Construction noise will be reduced by using quiet or "new technology', equipment, particularly thequieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used at the Project site will be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment will be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, drive- train and other components. Mitigation Measure N-3: The equipment staging area will be located so as to provide the greatest distance separation between construction -related noise sources and noise -sensitive receptors nearest the project site during all project construction. 16.11 NOISE. Would the project: a. Exposure of persons to or generation of noise levels In excess of standards established in the local general plan or noise ordinance, or ❑ ® ❑ ❑ applicable standards of other agencies? b. Exposure of persons to or generation of excessive groundborne ❑ ❑ ® El or groundbome noise levels? c. A substantial ,permanent increase in ambient noise levels in the El El ❑ project vicinity above levels existing without the project? d. A substantial temporary or periodic increase In ambient noise levels El❑ ❑ in the project vicinity above levels existing without the project? e. For a project Iodated within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ [I ❑ public use eirport, would the project expose people residing orworking In the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive ❑ ❑ ❑ noise levels? a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other egancies7 Potentially Significant Impact Unless Mitigated. The proposed project would create a short-term impact in terms of construction noise. Noise generated, by construction and demolition equipment, including trucks, backhoes and other equipment, may temporarily impact nearby sensitive receptors. As a general rule, construction noise reaches levels of about 92 dBA (CNEL) at 50 feet from the source. Pursuant to the City's Noise Ordinance standards, construction activities would be limited to certain days of the week and hours of the day for the duration of construction. Also, all vehicles and equipment will be required to use available noise suppression devices and be equipped with mufflers during construction activities. Due to the restricted hours, equipment restrictions, and relatively short period of construction, noise resulting from_ construction and demolition related activities would be less than significant with the following mitigation measures: Mitigation Measure N-1: Noise sources associated with construction, repairs, remodeling, or the grading of any real property, shall be exempt from the provisions of the City's noise codeif conducted from 7:00 a.m. to 6:00 p.m. on Monday through Friday, or from 830 a.m. to 4:30 p.m. on Saturday. Construction is prohibited at any time on Sunday or a Federal holiday. Mitigation Measure N-2: Equipment will use available noise suppression devices and property maintained mufflers. Construction noise will be reduced by using quiet or "new technology', equipment, particularly thequieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used at the Project site will be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment will be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, drive- train and other components. Mitigation Measure N-3: The equipment staging area will be located so as to provide the greatest distance separation between construction -related noise sources and noise -sensitive receptors nearest the project site during all project construction. Initial Study/Environmental Checklist -24 City of San Juan Capistrano California Mitigation Measure N-4: Notification will be given to all businesses owners within or adjoining the limits of construction, at least thirty (30).days prior to commencement of demolition activity, and will include a brief description of the project, the overall duration of the various construction stages, noise mitigation (abatement) measures that will taken, and the name and phone number of the construction site supervisor or his designee to report any violation of a mitigation measure. b) Exposure ofpersons to orgeneration, of excessive groundbomq vibration orgroundbome noise levels? Less Than Slgnfflcant Impact. The anticipated construction and demolition activity is not anticipated to generate excessive groundborne vibrations or noise levels. Additionally, this project will not include pile driving activities. Therefore, ground borne vibration is not expected to occur. Also, refer to discussion 16.11(a), above. c) A substantial permanent increase In ambient noise levels in the project vicinity above levels existing without the project? No Impact. Due to the nature and scope of the proposed project a permanent increase In the ambient noise level in the project vicinity would not occur. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Unless Mitigated. As noted above, the Implementation of the proposed project may result in short-term Increased noise levels within the project vicinity due to construction activities. Refer to Section 16.1 Ila) above for mitigation. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport would the project expose people residing or working In the project area to excessive noise levels? No Impact. As previously stated, the proposed project is not located within two miles of a public airport or public use airport. The nearest airport, John Wayne -Santa Ana, is located about 20 miles northwest and given the projects distance from that airport, no impacts are anticipated. 0 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No impact The proposed project site is not located within the vicinity of a private airstrip and would not expose people residing or working in the project area to excessive noise levels.. a)Induce substantialpopulation growth in an area, eftherdiractly (for example, byprcposing new homes and businesses) or Indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The proposed project would not induce growth through the extension or expansion of major capital infrastructure. No impacts to population and housing would occur. b) . Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed project would not require the removal existing housing, and therefore would not necessitate the construction of replacement housing elsewhere. 16.12 POPULATION & HOUSING. Would the project: a, Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses or indirectly (for ❑ ❑ ® ❑ example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the ❑ ❑ construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the ❑ ❑ construction of replacement housing elsewhere? a)Induce substantialpopulation growth in an area, eftherdiractly (for example, byprcposing new homes and businesses) or Indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The proposed project would not induce growth through the extension or expansion of major capital infrastructure. No impacts to population and housing would occur. b) . Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed project would not require the removal existing housing, and therefore would not necessitate the construction of replacement housing elsewhere. Initial Study/Environmental Checklist -25- City of San Juan CaOstrano CalHomia c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact Refer to Response 16.12(a) and 16.12(b), above., 1) Fire protection? No Impact. Proposed project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities. The construction work along Del Obispo .Street will be staged and organized so to provide continued emergency access to the Orange County Fire Authority's (OCFA) Del Obispo Fire Station, 2) Police protection? No Impact. There are no significant Impacts related to police protection or service anticipated with implementation of the proposed project 3) Schools? No Impact. :Implementation of the proposed project would not result in the need for the construction of additional school facilities. Therefore, no impectsln this regard will occur. 4) Parks? No Impact Implementation of the proposed project will not affect any existing park facilities nor Increase the demand for additional recreational facilities. Therefore, no impacts to parks are anticipated as a result of this project 5) Otherpublic facilities? No Impact. No significant impacts to other public facilities are anticipated to occur with project implementation. 4 5' E a 16.13 PUBLIC SERVICES. Would the project result In substantial 'E Sill 9r$ adverse physical impacts associated with the provision of new or a. Would the project increase the use of existing neighborhood and physically altered governmental facilities, need for new or regional parks or other recreational facilities,. such that substantial ❑ ❑ ❑ N physical deterioration of the facility would occur or be accelerated? physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? ❑ ❑ ❑ N Police Protection? ❑ ❑ ❑ N Schools?. D 0 0 N Parks? _ _ ❑ ❑ ❑ N Other public facilities? ❑ ❑ N 1) Fire protection? No Impact. Proposed project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities. The construction work along Del Obispo .Street will be staged and organized so to provide continued emergency access to the Orange County Fire Authority's (OCFA) Del Obispo Fire Station, 2) Police protection? No Impact. There are no significant Impacts related to police protection or service anticipated with implementation of the proposed project 3) Schools? No Impact. :Implementation of the proposed project would not result in the need for the construction of additional school facilities. Therefore, no impectsln this regard will occur. 4) Parks? No Impact Implementation of the proposed project will not affect any existing park facilities nor Increase the demand for additional recreational facilities. Therefore, no impacts to parks are anticipated as a result of this project 5) Otherpublic facilities? No Impact. No significant impacts to other public facilities are anticipated to occur with project implementation. 4 5' E a 'E Sill 9r$ 16.14 RECREATION. Would the project: a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities,. such that substantial ❑ ❑ ❑ N physical deterioration of the facility would occur or be accelerated? 0 0 Initial Study/Environmental Checklist -26- City of San Juan Caoistrano California a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact Implementation of the proposed project will not generate an increase in demand on existing public or private parks or other recreational facilities that would.elther result in or increase physical deterioration of the facility. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. Implementation of the proposed project does not include recreational facilities. gg m pYgg 3 5H 3 16.15 TRANSPORTATIONITRAFFIC, Would the project b. Does the project include recreational facilities or require the a. Cause an increase in traffic which is substantial in relation to the construction or expansion of recreational facilities, which might have ❑ ❑ . ❑ an adverse physical effect on the environment? existing traffic load and capacity of the street system (i.e., result in a ❑ ❑ a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact Implementation of the proposed project will not generate an increase in demand on existing public or private parks or other recreational facilities that would.elther result in or increase physical deterioration of the facility. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. Implementation of the proposed project does not include recreational facilities. a) Cause an increase In traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratid on roads, orcongestion at intersections)? No Impact. The project WDuld not increase traffic volumes. In fact; road construction could potentially slightly reduce traffic volumes during construction. No adverse impacts to traffic capacity would occur with Implementation. of the proposed project. b) E=xceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact Refer to Response 16.15(a), above. In fact, the proposed addition of a westbound right tum lane would increase capacity at gg m pYgg 3 5H 3 16.15 TRANSPORTATIONITRAFFIC, Would the project a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a ❑ ❑ ❑ substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion/management agency for ❑ ❑ ❑ designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety ❑ ❑ ❑ risks?. . d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g.. farm ❑ ❑ ® ❑ equipment)? e. Result in inadequate emergency access? ❑ ❑ ❑ ❑ f. Result in inadequate parking capacity? ❑ ❑ ❑ g., Conflict with adoptedpolicies, plans, or programs, .supporting ❑ ❑ ❑ alternative transportation (e.g., bus turnouts, bicycle racks)? a) Cause an increase In traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratid on roads, orcongestion at intersections)? No Impact. The project WDuld not increase traffic volumes. In fact; road construction could potentially slightly reduce traffic volumes during construction. No adverse impacts to traffic capacity would occur with Implementation. of the proposed project. b) E=xceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact Refer to Response 16.15(a), above. In fact, the proposed addition of a westbound right tum lane would increase capacity at 0 0 Initial Study/Environmental Checklist -27- City of San Juan Capistrano. California the intersection providing for an Increase in the level of service (LOS) at this location. c) Result in a change in air traffic patterns, including either an increase in trek levels ora change in location that results in substantial safety risks? No Impact The project could not result in a change in air traffic patterns. d) Substantiallyincreeiie hazards due toa design feature (e.j., sharp curves or dangerous intersections) or� Incompatible uses (e.g., farm equipment)? Cess Than Significant Impact. The existing Plaza de Prosperidad entrance to Del Obispo Street is served by a commercial entrance design which does not meet current standards and will be re -constructed accordingly to meet current standards as part of the project The shallow, steep grade of the apron can result in motor vehicles, especially those traveling at the posted speed, to strike the vehicle's undercarriage on the street or apron. The existing design results in most traffic, familiar with the design, to slow substantially below the posted speed limit when using the driveway; By doing so, the operational capacity of the intersection is slightly reduced, butstill meets City standards. However, the operational Impact of the existing entrance design is not an impact associated with the proposed project. In fact, the project provides an opportunity to improve the current operational capacity of the intersection by upgrading the Plaza de Prosperidad entrance. Consequently, the proposed entrance re -design would improve the intersection's operational capacity. The following "project design feature" is proposed by the City. Project Design Feature T-1: The existing Plaza de Prosperidad entrance to Del Obispo Street will be designed and reconstructed to meet the City's current geometric design standards as established by the Public Facilities Design Standards of the City of San Juan Capistrano to the satisfaction of the City Engineer or their designee. The Plaza de Prosperidad owners have cited concern that the reconstruction of the Plaza de Prosperidad entrance to Del Obispo Street could result in an increase in traffic speeds on the Plaza de Prosperidad driveway which could be a potential hazard to pedestrians. Because the existing Del Obispo Street driveway requires vehicles to slow considerably, the existing entrance serves to marginally reduce driveway speeds. While driver speeds may slightly increase, they would be limited by the geometric design of the existing access driveway and so, the marginal increase in speed constitute a less than significant impact. However, in order to allay the Plaza de Prosperidad propertyownees concerns, current motor vehicle speeds couldbe maintained through the installation of additional, extraordinary Improvements such as speed,bumps/humps, pavement marking, and/or enhanced pavement The following "project design feature" is proposed by the City: Project Design Feature T-2: While the reconstructed entrance is an improvement over existing conditions and would not present anysafety concerns, the City will coordinate with the Plaza de Prosperidad owners on final design pians and explore whetherto include appropriate driveway speed controls including speed humps/bumps, pavement marking, and/or an enhanced pedestrian crosswalk on the driveway (extend and enlarge the area of the existing stamped/colored concrete) betweenthe private parking and the building entrance directly to the north of the Del Obispo Street entrance. The City will provide Plaza de Prosperidad with a reasonable amount of time to reviewand comment on said plan. Potential Improvements are only intended to allay the owner's concerns and are not required to mitigate any identified environmental impact under California Environmental Quality Act (CEQA), e) Result in inadequate emergency access? No Impact Adequate emergency access shall be provided during both short-term construction and long-term operation of the proposed project Impacts are not anticipated to be significant. 0 Result in inadequate parking capacity? Less Than Signff/centImpact The proposed project requires the widening of Del Obispo Street This widening will result in approximately 13 foot encroachment into the existing parking. along Del Obispo Street, including a portion of the Plaza de Prosperidad parking lot, The project specifically requires the removal and relocation of 6 parking spaces at the Plaza. Parking within the lot along Del Obispo Street would also be displaced during construction resulting a temporary, short-term parking impact. To address this Impact and as reflected in the project plans, the City has 0 0 Initial Study/Environmental Checklist -28- City of ban Juan Capistrano. California committed to redesigning and reconstructing the removed parking spaces at the Washington Mutual (WaMu) Bank and Plaza de Prosperidad sites to maintain the available amount of parking and to improve the internal circulation of these areas. The parking would be reconstructed in conjunction with the road widening. Because the project would not result in the loss of on-site parking, there project would not have a potentially significant parking impact. Project Design Feature T-3: The City will prephre final design plans for the private parking area affected by the proposed project and will provide the Plaza de Prosperidad and Washington Mutual (WaMu) Bank property owners the opportunity to review and provide Input on the final design prior to City Council approval of plans and specifications for the project. The City will provide Plaza de Prosperidad and Washington Mutual (WaMu) Bank with a reasonable amount of time to review and comment on the final design plans. The City will construct all parking lot and access drive improvements consistent with the City Council -approved plans and any required written authorization of the property owners to construct said improvements. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No impact. Project Implementation would not conflict with adopted policies, plans, or programs supporting alternative transportation. Impacts are not anticipated in this regard. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. Improvements associated with the proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board (RWQCS). b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The proposed project would not require or result in the construction of wastewater treatment facilities Refer to Response 16.16(a), above. 5 16.16 UTILITIES AND SERVICE SYSTEMS. Would the project: a. Exceed wastewater treatment requirements of the applicable Regional El 11 ElWater Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ otwhich could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which ❑ ❑ ❑ could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new, or expanded ❑ Cl ❑ 0 entitlements needed? e. Result in a determination by the wastewater treatmentproviderwhich serves or may serve the project that it hasadequate capacity, to serve F1 ❑ E]the project=s projected demand in addition to the provider=s existing commitments? f. Be served by a landfill with. sufficient permitted capacity to 171 El Elaccommodate the project=s solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations related El El Elto solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. Improvements associated with the proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board (RWQCS). b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The proposed project would not require or result in the construction of wastewater treatment facilities Refer to Response 16.16(a), above. 0 Initial Study/Environmental Checilist -29= Citv of San Juan Capistrano California' c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities the construction of which could cause significant environmental effects? No Impact The proposed projectwould not require or result in the expansion of existing storm water drainage facilities. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact No new or expanded entitlements would be required by implementation of the proposed project e) . Result in a determination by the wastewater treatment provider which serves ormayserve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact Refer to Response 16.16(a), above. Q Be served by a landfill with sufficlent permitted capacity to accommodate the project's solid waste disposal needs? No Impact. The project would generate a minor Increase in solid waste through demolition and construction debris which would be hauled to Prima Deshecha Canada Landfill. This increase would not be significant In the context of the Prima Deshecha Landfill's solid waste landfill operating permit of 2,006 tons per day. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. Refer to Response 16.16(f), above. 17. PREPARATION. The initial studyfor the subject project was prepared by: Wi A. Ramsey,,AICP, Principal Planner lit 5� 1A.17 MANDATORY FINDINGS OF SIGNIFICANCE. Would the project a. Does the project have the potential to degrade the quality of the. environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to decrease below self- sustaining levels, threaten to. eliminate a plant or animal community, reduce the number or restrict the range of a rare orendangered plant or animal, or eliminate important examples of major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c. Does the project have impacts which .are Individually limited, but cumulatively considerable ("Cumulatively considerable" means the E 17-1 ® El projects incremental effects are considerable when compared to the past, present, and future effects of other projects)? d. Does the project have environmental effects which will have 0 El E substantial adverse effects on human beings, directly or indirectly? 17. PREPARATION. The initial studyfor the subject project was prepared by: Wi A. Ramsey,,AICP, Principal Planner r \ ) § k . E 2) 7 7 R > \ ± \ { ° / . . .! } ( 2 f w ) A § ) ! ® §� elf W,w ■) -. 2 .■t\$ m\)) } /.F 0 0 ..( k WILLDAN I YQUe'ta`n' „ Engineering reach April 9; 2009 Mr. Nasser Abbaszadeh, P.E. Engineering & Building DirectodCity Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Camino Capistrano and Del Obispo Street Intersection Project (CIP 111) Additional Work Request for Out of Scope Work Dear Mr. Abbeszadeh, Willdan's priority is to provide the City of San Juan Capistrano quality services, meet the City's project goals, fulfill our contract obligations and provide a complete design and bid and construction package. As we continue to move forward on this project, we have reviewed the original scope of work and have noted several design and project scope items that have evolved since the approval of the original Personal Services Agreement and Scope of Work on October 4, 2005. The intersection of Del Obispo Street and Camino Capistrano had been involved in much analysis, study and discussion and numerous concepts had been prepared. However, at the time the Scope of Work was prepared, decisions were made to limit the intersection improvements at that time. Jeff Marr, the previous Willdan Project Manager, had identified some of these City directed additional work items in his letter to Brian Perry on September 15, 2006. Wiildan would like to proceed with the City with a clear understanding of project goals, process and expectations and to get the project back on a submittal and review schedule that meets the City's goals. The original scope of work task description is listed below followed by the additional work performed that was not included in or expanded from the original scope of work. These items can be referenced to the attached Scope of Work and Exhibit. 1. Widening on the south side of Del Obispo Street. Scone of Work: Improvements on Del Obispo Street were limited to median modifications, driveway improvements and eastern sidewalk widening on Camino Capistrano north of Dei Obispo Street. Widening of the south side of Del Obispo Street was not included (Scope of Work Exception/Addition, Item 1). Additional Work: During design, the City directed Willdan to widen the south side of Del Obispo Street west of Camino Capistrano and include this widening and associated changes in the project plans. The project plans currently include the widening plan and profile, curb return reconstruction, storm drain relocation plan and profile, street light Engineering I Geotechnical I Environmental I Financial I Homeland Security 714.976.8200 1 800.424.8144 1 rax: 714.978.8299 1 2401 East Katella Avenue, Suits 450, Anaheim, CA 92806-6073 I www.wtlldan.com ATTACHMENT 0 L Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 2 relocation, traffic signal relocation, utility relocations and other related improvements not included in the scope of work. 2. Traffic signal pole relocations and fire station preemption. Scope of Work: Traffic signal improvements at the intersection of Camino Capistrano and Del Obispo Street were limited to shifting traffic heads and cutting new detector loops. Design for relocation of a traffic signal pole due to street widening was located at the intersection of Del Obispo Street and. Plaza Drive (Scope of Work Phase III, Item S). Additional Work: As a result of widening the southern curb line of Del Obispo Street and significant lane alignment changes, the traffic signal poles located at the southwest and southeast corners of the intersection were required to be moved. The traffic signal plans show these relocations. and the associated traffic signal conduit, pull box and wiring changes. Additionally, the City requested the installation of emergency vehicle pre-emption (EVP) system for the fire station to be included at the Del Obispo Street/Plaza Drive signal. Original direction was to provide push-button pre-emption inside the fire station. Subsequent City comments directed Willdan to change the push-button to a traffic signal pole located outside the fire station with an EVP detector. 3. Driveway and sidewalk Improvements north of C5 (EI Adobe Restaurant). Scope of Work: Improvements were limited to the replacement of the EI Adobe Restaurant driveway within the exiting street right of way. Sidewalk and curb and gutter extension through the driveway was not included (Scope of Work Exception/Addition, Item 3). Additional Work: During design, the City directed Wilidan to provide a new sidewalk through this driveway and provide a new curb line transition and profile connecting the existing sidewalk to the north to the southern sidewalk. Right of way acquisition is now required on EI Adobe Restaurant property (APN 121-150-13). 4. Partial property acquisition of impacted parcels. Scope of Work: Anticipated work included performing right of way engineering, and preparation of legal descriptions and sketches for partial acquisition for six parcels (Scope of Work Phase III, Item 15, and Phase IV, Item 2). Additional Work Based on the design direction identified in No. 3 above, as well as changes to the sidewalk width and geometry, engineering and mapping services were required for a seventh parcel (APN 121-150-13). Additionally, the legal descriptions included sidewalk easement information for the required properties and temporary 0 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 3 construction easement limits were incorporated into the project plans for use by the City in property owner descriptions. The existing right of way, proposed right of way, sidewalk easements and temporary construction easements were marked/staked in the field for all impacted properties to assist the City, property owners and the appraiser. Preliminary and Final Appraisal Summary Statements were also prepared in addition to the Appraisal Report as directed by the City. These documents were also revised to change acquisition from sidewalk easements to fee simple. 5. Reconstruct sidewalk from driveways C3 to the south side of El Adobe property. Scope of Work: Sidewalk reconstruction was limited to replacing this existing sidewalk to adjoin the reconstructed driveways C3, C4, and C5 and widening the sidewalk adjacent to landscaping areas; Scope of Work Phase IV, item 2 identifies APNs 121- 150-17, 121-150-18 and 121-150-23 as being impacted only in landscaping areas with no permanent loss of parking spaces. The existing western curb and gutter was expected to be protected in place. Impacts to the EI Adobe Plaza parking lot were not anticipated, specifically impacts to parking spaces (Scope of Work Exception/Addition, Item 5). Additional Work: During design, the City directed Willdan to improve this sidewalk corridor with an 8' wide sidewalk between driveways and a 10' width at driveways (6' approach + 4' ADA sidewalk) and the inclusion of brick pavers instead of concrete. To adjust the driveway and sidewalk grades for the widened sidewalk and to minimize the grading into the adjacent parking lot area, modification of the western curb line profile was required and a new curb line profile was generated. Resulting from DRC meetings, the City has requested that this sidewalk be modified to include a meandering back of walk requiring a design change. The sidewalk widening has impacted the EI Adobe Plaza parking lot, including potential loss of parking; resolution of loss of parking will be coordinated between the City and owner during the property acquisition process. Related to this work, this City requested that all project sidewalks be changed from PCC to brick pavers with alternates provided in the special provisions for stamped colored concrete and PCC. 6. Left -Turn Pocket with Bridge Widening. Scope of Work- Del Obispo Street median improvements between the railroad tracks and Camino Capistrano for the left -tum pocket configuration is identified as occurring with the Del Obispo Street Widening Project at Trabuco Creek on the Scope of Work Exhibit. Significant improvements to this existing median were not anticipated; only striping modifications adjacent to the raised median were expected (Scope of Work Exhibit). 0 0 Camino Capistrano and Del .Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 4 Additional Work: Concurrent with the City direction to provide the southern street widening, the Del Obispo Street medians on the west leg were redesigned several times to include a new left -tum pocket configuration into the EI Adobe Plaza, resulting in the removal of the existing westernmost raised median. Subsequently, the City has requested that this proposed westerly striped median be replaced with a raised landscaped median that is to be coordinated with the OCTA railroad crossing and median improvements. 7. Driveway improvements east side of Washington Mutual. Scope of Work: The extent of improvements on the Washington Mutual (WaMu) property included driveway Improvements and additional Improvements were not anticipated (Scope of Work Exoeption/Addition, Item 2). Additional Work: Through initial City discussion with Plaza De Prosperidad (PDP) for parking lot redesign, Wilidan was directed to close the old WaMu drive-thru to provide additional parking spaces and provide an area for replacement landscaping. Recently, in association with the PDP parking lot redesign, the City has directed Wilidan to remove the previously designed drive-thru improvements from the project plans and landscape concept plan. 8. Plaza De Prosperidad Parking Lot. Scope of Work: Redesign of the PDP parking lot was expected and preparation of a parking lot detail included. Willdan coordinated parking lot alternatives with the City and generated at least three configurations for City and property owner review. The City discussed these alternatives with the PDP property owners, and Willdan received direction in December 2006 to proceed with inclusion of a preferred alternative. This parking lot design was included in the removal and construction plans, signing and striping plans, tree removal study and landscape concept plan. Additional Work: The City has met with the PDP owners and it was determined that the previous parking lot layout that utilized the WaMu drive-thru for replacement parking spaces was no longer acceptable. Additionally, the City Design Review Committee (DRC) stated that replacing all parking spaces on PDP property was primary and minimizing tree removal in the parking lot area was secondary. The City directed Willdan to prepare two additional parking lot layout alternatives utilizing these new directives. Again the City met with PDP owners and stated that there is a preferred alternative and has requested implementation of the new parking lot design into the project plans. The City and Willdan concur that the addition of traffic loops to the new parking lot area is not necessary. 0 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 5 Additionally, to protect existing trees along the PDP frontage, a retaining wall is proposed along the back of walk. 9. Impacted Tree Study. Scope of Work: A tree study was performed for the impacted trees. This study included a field visit by an arborist to examine existing trees impacted by the proposed improvements. The impacted areas included the Del Obispo Street medians, the Del Obispo Street northern parkway and the PDP parking lot. Additional Work: The redesign of the PDP parking lot required another examination of the parking lot trees impacted and a revision to the tree study. Additionally, Wilidan recommends that a certified arborist provide tree replacement cost appraisals for the PDP property for inclusion in the overall property acquisition appraisal. 10. Landscape Concepts and Plans. Scope of Work: Preparation of the landscape concept plan was based on an initial field meeting with City staff discussing tree removal, replacement and planting palettes. A Landscape concept pian was prepared. The primary landscaping improvements were expected to occur within the new project right of way with consideration given to adjacent surroundings. Project landscaping on private property and outside of the construction limits was limited to existing landscaped areas physically impacted by construction work; the remaining landscaping would be protected in place. Additional Work: Subsequent to City meetings with the DRG and the PDP owners, different direction was received than initially directed including plant species and layout. Changes included the PDP parking lot layout and implementation of the "Nifty Fifty` plant list for the entire project; the City planning department provided recommendations and DRC comments were addressed. Subsequent to this revision and submittal, the DRC and City staff provided another direction with broad comments. The landscape concept plan was substantially revised per City direction. Additionally, the landscaping plan has expanded to include planting on private property as directed by the City to provide continuity with the new palette. 11. Fast Leg Plan Revisions Additional Work: Wiildan has met with the City to review project design constraints associated with Right of Way acquisition along the northern side of Del Obispo Street east of Camino Capistrano. Willdan reviewed design modifications with the City and revised the project PS&E package including typical sections, demolition, plan and profile, Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 6 signing and striping, traffic signal plans to avoid property impacts in order to maintain the project schedule. 12. Additional Meetings, Revisions and Support Additional Work: Willdan anticipates that as the project moves forward there will be continued discussion and meetings with adjacent property owners and the City. Willdan anticipates that there may be a need for the preparation of exhibits and documents outside of the planned PS&E preparation and submittal milestones for use by the City to gain project concurrence. Willdan proposes establishing a budget to be used for meetings attendance, preparation of exhibits and documents separate from the construction drawings to be utilized on a time and material as -needed basis per the direction of the City. 13. City Coordination and Primary Point of Contact. Wilidan's primary point of contact at the City is the project manager, Nisha Patel. Willdan's expectation is that Ms. Patel will perform all coordination and correspondence for all aspects of the project not included in Willdan's scope of work. This includes internal city department, property owner, committee/commission, utility agency and environmental document coordination, Compilation of comments and task direction should only be provided by the primary City contact to minimize conflicts and maintain the line of communication. 14. PS&E Submittal Schedule. Three plan submittals for City processing, review and comment at the preliminary, intermediate and final design phases are identified in Scope of Work Phase V, Item 16. Due to the various changes in design and scope that have occurred, numerous intermediate plan revisions and submittals have been made. Recently the plans were updated to include the landscaping and Irrigation plans (approximately 90%) as well as implement city comments for the upcoming Planning Commission meeting (10128/08). Willdan will provide a Final submittal PS&E package subsequent to incorporating any City directed Planning Commission comments. The Final PS&E package will be revised following City review and a final bid package submitted for City use and advertising purposes. 15. EI Adobe Plaza Driveway Analysis and NB Camino Capistrano Left Turn Lane Evaluation (Phase Ii, Item 4). Analysis of the EI Adobe Plaza driveway was included to determine if any driveway locations and paridng lot entrance/exit volumes impacted the service of the Del Obispo Street/Camino Capistrano intersection. Willdan performed traffic counts at the five driveways and analyzed the data, The data was provided to the City and Willdan met with the City and the results were reviewed. The City concurred that the existing driveways did not significantly impact intersection capacity and closing the driveways was not desired. 0 F Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 7 Evaluation of the Camino Capistrano northbound left turn lane at Del Obispo Street and the southbound left turn lane at Avenida Golondrina was included to determine if the back-to-back left tum pockets on the south leg should be modified to increase the northbound left turn lane storage capacity. Willdan performed the traffic counts and analyzed the data. The date was provided to the City and Wilidan met with the City and the results were reviewed. The City concurred that the existing median geometry was sufficient and modifying the storage lane length would not provide significant intersection capacity improvements. Based on the additional work efforts listed in the items above, Willdan has included a Scope of Additional Work for the work performed and proposed. Willdan is looking forward to continuing to serve the City of San Juan Capistrano on this important project. if you have any questions, please contact me at (714) 978-8205. Respectfully Submitted, i��T*4 Kenneth T. Steele, P.E. Vice President Division Manager, Transportation 0 L Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 8 SCOPE OF ADDITIONAL WORK Task AW01 Del Obispo Street Widening The work for this task has been performed and included the southern curb line plan and profile, sidewalk reconstruction, utility relocations, and storm drain relocation plan and profile, and an additional street light relocation. Task AW02 Traffic Signal Pole Relocation and Modifications The work for this task has been performed and included the preparation of a traffic signal modification including traffic signal pole relocations, inclusion and redesign of an EVP system, associated design work of traffic signal appurtenances as well as updating the plans for inclusion of the new red light enforcement equipment. Task AW03 New Sidewalk and Curb Line at EI Adobe Restaurant Driveway The work for this task has been performed and included preparation of the western curb line Plan and profile and new sidewalk connection. Task AW04 Additional Parcel Acquisition Documents This work for this task has been performed and includes right of way engineering and preparation of a legal description and sketch for a seventh parcel (APN 121-150-13). Legal descriptions were revised to include sidewalk easements. The proposed right of way, sidewalk easements and temporary construction easements (as shown on the project plans) were marked in the field for property owner and appraiser use and review. Property appraisals were prepared for APN 668-242-16 and APN 668-242-02 as directed by the City. Also at the direction of the City, Preliminary and Final Appraisal Summary Statements were prepared for each of these properties in addition to the Appraisal Reports, The appraisal summary, appraisal report and the legal descriptions and exhibits were also revised to change the acquisitions from sidewalk easements to fee simple. This task also included updating the appraiser fee resulting from the delayed schedule. Preparation of other appraisals is not required. Task AW06 Widen Camino Capistrano Sidewalk, Reconstruct with Brick Pavers and Provide New Curb Line Profile The work for this task has been performed and included plan revisions for widening the western sidewalk (from 5' to 8', then adding the meandering back of walk) into the existing parking lot area, brick paver details and special provisions and design of the western curb line profile. Parking lot redesign or restriping, determination of replacement stalls or property owner coordination for loss of parking spaces is not included in this task, 0 0 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 9 Task AW06 Del Obispo Street Raised Median Design The work for redesigning the raised medians on the west leg of Del Obispo Street has been performed. Plans revisions included adding median plan and profile, landscaping concepts and landscaping and irrigation for the raised median closest to the railroad tracks. The City will perform coordination with OCTA and JL Patterson for the railroad crossing median design and review of design consistency between the projects. Task AW07 Washington Mutual Drive-Thru Modifications The work for this task has been performed and included revisions to the demolition plans and construction and signing and striping plans to remove the drive-thru modifications. Preparation of additional parking lot alternatives and plan and report revisions as a result of further property owner and City committee and commission reviews are not included. Task AWO8 Plaza De Prosperidad Parking Lot Redesign The work for this task has been performed and included the preparation of two additional parking lot layout alternatives and attendance at property owner and DRC meetings, revising the demolition plans and construction plans and signing and striping plans to implement the new parking lot layout. The proposed retaining wall has been shown in plan view only and references construction per standard plans. Preparation of additional parking lot alternatives and plan revisions, including staging plans, are not included. Task AW09 Revise Tree Study The work for this task has been performed and included revising the tree study to incorporate the changes and impacts resulting from the new PDP parking lot layout. Task AW10 Modify Landscape Concept and Plans The work for this task has been performed and included revisions of the previously prepared landscape concept plan to incorporate the changes and impacts resulting from the new PDP parking lot layout as well as the multiple directions received from the two DRC meetings, property owner meetings and staff comments. The City has requested that the revised landscaping concepts will proceed in the form of the landscaping construction documents. This task includes attendance of the landscape architect at the planning commission meeting (10128/08) and one revision of the landscaping and irrigation plans from combined staff review/planning commission comments. Repair/replacement/modifications of irrigation systems on private property is anticipated to be resolved in the field between the contractor and the property owner; exploring/reconnaissance/redesign of existing private property irrigation systems is not included. 0 9 Camino Capistrano and Del Obispo Street Intersection Improvements Additional Work Request April 9, 2009 Page 10 Task AW11 East Leg Revisions The work for this task has been performed and included City meetings, design modification review and alternatives and revision of the project plans to incorporate design changes on Del Obispo Street east of Camino Capistrano to avoid property acquisition. Plan changes included the typical sections, demolition, plan and profile, signing and striping, traffic signals, landscaping and irrigation. Task AW12 Additional Meetings, Revisions and Support This task includes work to be performed by Wilidan as directed by the City. Work may include Wilidan attendance meetings including progress, staff meetings, committee/commission and property owner meetings; plan revisions/exhibit preparation for these meetings (.pdf or hard copy); landscaping revisions; and additional property appraisals. A budgetary amount has been established for this task and will be performed on a time and materials basis as directed and approved by the City. Upon expending 80% of the budgeted fee for this task, Wlldan will notify the City and confirm whether the City would like to authorize Wilidan to provide additional project support services as part of a separate addendum. Task AW13 Project Management This task includes project management services to complete this project as well as providing on-going City project manager support including staff report reviews, staff coordination, phone calls, and e-mail correspondence. FEE FOR ADDITIONAL WORK A total fee of $75,390.00 includes services for work already provided and for work to be provided to complete the PS&E design. ..�—......�.��. -a 7i , | ! ! IT ...|:,,..T -w . .|| ! ,,.. . TIT ,, ,..!..;a a..a; . ! .15; !_ |; ,..,...,.,,,s§ )2 . / } . . ., , ,.\., .- „!■!!I!°;§C ! �. «,.....,,==,,r � ! Nu |} . !_ ! ..�.,,,,..,:-lei .#.;.....!-r•, .!. , .�. -! !;!■■!I,l44■!■ |/ } IFF T .....§a|°:|t . . f . .,.,�.....,. . | ! | |i . • | '51171, 0 ATTACHMENT 5 Plans and Specifications are available in the Mayor's office and a copy is available for review in the City Clerk's office Alb AGENDA REPORT TO: Dave Adams, City Manager GfX_ FROM: Nasser Abbaszadeh, Engineering & Building Director 10/4/2005 D3 SUBJECT: Consideration of Approval of Personal Services Agreement -Camino Capistrano and Del Obispo Street Intersection Improvements (Willdan) (CIP No 111) RECOMMENDATION By motion, approve the personal services agreement for design and right of way acquisition services for the Camino Capistrano and Del Obispo Street Intersection Improvements to Willdan in the amount of $112,890. SITUATION A. Summary and Recommendation At the June 21, 2005 meeting, City Council adopted the Scope of work for improvements to the Camino Capistrano and Del Obispo intersection based on the traffic studies prepared by Willdan. Staff has solicited a sole -source design proposal from Willdan as the company that has already prepared base data for this project and with staff most familiar with the issues. Willdan is also the design engineer for the adjacent Del Obispo Street and Bridge widening project from Alipaz Street to Camino Capistrano. This will facilitate project coordination and interface issues. Staff is recommending City Council approve a personal services agreement in the amount of $112,890 for this work. B. Background The Traffic Congestion Relief Program (TCRP) identifies a wide range of circulation improvements throughout the city. At the June 21, 2005 meeting, City Council adopted the Scope of work for improvements to the Camino Capistrano and Del Obispo Intersection. Minor additional improvements to EI Adobe Restaurant Driveway, sidewalk widening and landscape enhancements are also included as discussed at the June 21, 2005 City Council meeting. 0 Agenda Report Page 2 COMMISSION/ BOARD REVIEW, RECOMMENDATIONS Not applicable FINANCIAL CONSIDERATIONS Funds are available in account No. 12-63500-4713-111. NOTIFICATION 0 October 4, 2005 The following parties received notification of this Council agenda item: Ken Steele, Willdan' Agenda report included RECOMMENDATION By motion, approve the personal services agreement for design and right of way acquisition services for the Camino Capistrano and Del Obispo Street Intersection Improvements to Willdan in the amount of $112,890. Respectfully submitted: Nasser Abbaszadeh, P.E. Engineering & Building Director Attachment: 1. Location Map 2. Personal Services Agreement Prepared by� Brian Perry, P.E. Project Manager THE CITY OF SAN JUAN CAPISTRANO CAMINO CAPISTRANO/ 7 DEL OBISPO STREET INTERSECTION IMPROVEMENTS CIPNolll � d \4Y », . \ I LOCATION I 0 3000 6000 9000 Feet ATTACHMENT 1 0 E PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Willdan (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to Prepare Plans and Specifications for the Camino Capistrano/ Del Obispo Street Intersection Improvements; 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 proceed in accordance with Project schedule as set forth in Exhibit "D," attached and incorporated herein by reference. Services required hereunder shall be completed by no later than December 31, 2006. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services forthis Project shall not exceed One Hundred and Twelve Thousand Eight Hundred and Ninety Dollars ($112,890), as set forth in Exhibit "B," attached and incorporated herein by reference. cAmyfM\agee\pe nalsvcs.wpd 01/25/00 pACity Manager\cmg shared\pe nalsvcs.wpd ATTACHMENT 2 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 S. 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. c:\myfi1e Magee\pmonalsvcs.wpd 0125/00 p:\City Manager\cmg shared\personalsvcs.wpd -2- 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, to the extent consistent with the standard of care: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this 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 further work under this 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. cArnyfles\agree\pc nalsvcs.wpd 01/25/00 pACity Manage \cmgr shared\pe nalsvcs.wpd -3- 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. City's reuse of such materials on a project other than the project which is the subject of this agreement shall be at City's sole risk. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses ordamages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property resulting from the negligent acts, errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. 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; $1,000,000 injury to more than one person/any one occurrence/and general aggregate. 14.2 Comprehensive Automobile Liability. c:Myfiles\agree\personalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\pmonalsvcs.wpd -4- 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 maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not be cancelled, 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. 14.7 Terms of Compensation. c:\myfiles\agree\personalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\personalsvcs.wpd -5- 0 0 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 and Consultant 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 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Engineering & Building To Consultant: Willdan 2401 East Katella Ave., Suite 450 Anaheim, CA 92806 Attn: Kenneth T. Steele, P.E. 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. cArnyfiles\agee\pmonalsvcs.wpd 01/25/00 pACity Manager\cmg shared\p=onalsvcs.wpd -6- • Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement where the amount in controversy does not exceed $25,000, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). All other disputes may be resolved in the court having proper jurisdiction. 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 Bv: Wyatt Hart, Mayor CONSULTANT By: < David L. Hunt, Senior Vice Presi ent ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. haw, City Attorne c:\myfiles\agree\pemonalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\pers0na1svcs.wpd -7- Camino Capistrano/Del Obispo Street Intersection Improvements Exhibit "A" Scope of Work The project is shown in the attached exhibit with the following exceptions/additions: 1. There is no widening on the south side of Del Obispo Street (driveways B-1 and B-2 are modified per the exhibit) 2. Driveway improvements are required on the east side of the Washington Mutual property. 3. Driveway improvements are required at the driveway north of C5 (EI Adobe restaurant) 4. Reconstruct sidewalk between driveways C1 and C2 5. Reconstruct sidewalk from driveway C3 to south side of EI Adobe property Phase I - Preliminary Investigation 1. Meet with representatives of the City to review the project in detail and determine requirements and procedures for design, ongoing reviews, coordination, and meetings. 2. Assemble and review available information pertaining to the project, including existing survey data, as -built improvement plans, right-of-way maps, traffic data, utility information, existing pavement section information, studies, reports, and other available record data. Information will be compiled regarding future projects currently planned by the City, other governmental agencies, utility companies or private developers. 3. Perform preliminary field reconnaissance to identify existing improvements, including photographic and video documentation for a general perspective on current field conditions. Phase II - Preliminary Engineering 1. Conduct design surveys to provide accurate survey data necessary for the design and preparation of the contract drawings for this project. Aerial topography was obtained during the study phase of the project. This aerial topography will be used as a base for the design drawings. The survey data will consist of the following: A Perform research at the City and the County of Orange Resources and Development Management Department to assemble available centerline survey information. B Establish horizontal and vertical control along the record centerline of Del Obispo Street and Camino Capistrano, from found monumentation, City ties and benchmarks, along the proposed construction zone. The limits are approximately 500 feet from the intersection in both directions along both Del Obispo Street and along Camino Capistrano. C Verify or establish benchmarks at or near the project site. D Perform survey of the following existing conditions: i) Detail 11 existing driveways EXHIBIT A r 0 ii) Cross section parkway between driveways C1 and C2 iii) Cross section parkway between C3 and EI Adobe driveway iv) Detail parking lot east of Washington Mutual and north of driveway D1 v) Cross section Del Obispo Street from railroad tracks to 100 feet beyond easterly join point. Include parkways and 20 feet beyond right of way. vi) Cross section Camino Capistrano at median modifications on south end of the project E Draft the survey data into the project drawings. 2. Perform utility coordination consisting of the following: A Conduct utility investigation of available record information within the project limits. B Plot record locations of known utilities within the project limits on the project drawings. Manholes, valves, meters, vaults, etc. will be identified and their disposition defined. C Review the utility information to determine the impact of the project on the various utilities. D Submit copies of the project drawings to effected utilities. E Coordinate relocation of utility facilities, if necessary. F Coordinate any proposed utility improvements with utility companies before new construction. 3. Perform geotechnical engineering on the north side of Del Obispo Street east of the intersection as follows: A Core the asphalt at 3 locations on the outside lane, next to the gutter B Measure the thickness of existing pavement section, asphalt concrete and aggregate base C Collect subgrade sample for laboratory testing D R -value test the representative subgrade sample E Design proposed pavement section for the proposed widening F Prepare a report presenting our findings, conclusions and recommendations. 4. Analyze five driveways on the northwest quadrant of the Camino Capistrano and Del Obispo Street intersection that serve the EI Adobe Plaza. Traffic counts will be conducted on three weekdays (Tuesday, Wednesday and Thursday) between the hours of 7-9 AM, 11 AM — 1 PM and 3-6 PM. Evaluate the southbound left turn pocket on Camino Capistrano at Avenida Golondrina to determine whether additional storage for the northbound left turn pocket on Camino Capistrano at Del Obispo Street will be beneficial. Counts will be conducted at the two study intersections of Camino Capistrano at Avenida Golondrina and Camino Capistrano at Del Obispo Street on three consecutive weekdays (Tuesday, Wednesday and Thursday) between the hours of 7-9 AM, 11 AM — 1 PM and 3-6 PM. A queue count will also be conducted during these same time periods for the northbound left turn pocket on Camino Capistrano at Del Obispo Street and the southbound left turn pocket on Camino Capistrano at Avenida Golondrina. 5. Provide environmental document support. This support will include an exhibit i 4 showing the project boundaries and a project description. The required environmental documentation will be prepared by others. 6. Prepare a Tree Study for the impacted trees within the project limits. This will include a field visit by a licensed certified arborist to examine the existing trees that will be impacted by the project and the preparation of an arborist report detailing the impacts that may occur and determining if relocation and/or root pruning in lieu of removal of the trees will be possible as well as economical. Phase III - Preliminary Design 1. Develop a landscape motif that is congruent with the adjacent surroundings. Prepare a landscape concept plan (colored rendering in plan view at 20 scale) that will illustrate the following: • Address basic design elements for the project, i.e., opportunities and constraints. • Address adjacent surroundings, i.e., interfacing with public right -of way and commercial / private developments. • Preserve monumental trees and/or other significant features. • Planting palette suggestions. • Address modifications to current irrigation systems to comply with the new improvements within City and commercial / private property. 2. Prepare four photo simulations, two each at two locations, where improvements are being made. The photo simulations will show existing conditions as well as proposed conditions. 3. Submit the concept plan and/or photo simulations to the City and pertinent agencies for review and comments. If necessary, present a final concept plan and/or final photo simulation for final review and approval that addresses the comments from the City. The construction documents for the parkway improvements will commence after the City, pertinent agencies and commercial 1 private property owners have reviewed and approved the concept drawings and/or photo simulations. 4. Provide civil engineering design services in accordance with the Standard Specifications for Public Works Construction and the City of San Juan Capistrano Design Criteria. All design drawings will be prepared utilizing AutoCAD. 5. Prepare a title sheet drawing conforming to City standards. 6. Develop typical cross-sections for the street improvements. Pertinent existing and proposed information will be included. 7. Based on the above investigations and reports, develop four base plan and profile drawings at 1" = 20' horizontal and 1 = 2' vertical scale. Title blocks will conform to City standards. A Plot existing survey data. B Show construction centerline with stationing. C Plot existing utilities and show the owner of such utility as available. 0 0 D Profile proposed curb and driveway improvements. E Detail required driveway, sidewalk and parking lot improvements. F Show water valve replacement including installation of three 8 -inch and one 10 - inch resilient wedge gate valves and abandoning five. 8. Prepare traffic signal modification designs at the intersections of Camino Capistrano at Del Obispo Street and Del Obispo Street at Plaza Drive. The plans will be prepared in accordance with the City of San Juan Capistrano requirements and Caltrans standards and specifications. At the Del Obispo Street and Camino Capistrano intersection, traffic signal heads will be shifted on existing poles and detector loops will be re -cut to coincide with new lane locations. No pole relocations are expected. At the Del Obispo Street and Plaza Drive intersection, signal poles will be relocated or new poles installed to accommodate new geometry and new detector loop location designated. We assume that the City has current existing signal plans to use as a base to add these design changes to. The plans will show proposed improvements. The traffic signal plans will be prepared at a scale of 1 "=20'. 9. Prepare signing and striping design plans in accordance with the City of San Juan Capistrano requirements and Caltrans standards and specifications. Willdan will evaluate, as part of this process, the raised "pork -chop" island at the entrance to the Plaza Del Obispo shopping center. The northbound left turn pocket length will also be evaluated at the intersection of Del Obispo Street and Camino Capistrano to determine if it can be extended using some of the area striped out at the intersection of Camino Capistrano and Avenida Golondrina. The plans will provide the locations and designation of existing and proposed signs for the street. The plans will also address any striping that would be removed during the construction phase of the project or is in conflict with the improvements. The signing and striping plans will utilize the State of California (Caltrans) Standard Plans and Standard Specifications, Caltrans Traffic Manual, the City of San Juan Capistrano requirements and the Manual of Uniform Traffic Control Devices (MUTCD). The signing and striping plans will be prepared at a scale of 1"=20'. 10. Prepare street lighting modification plans in accordance with the City of San Juan Capistrano requirements and Caltrans standards and specifications. The street lighting plan will address proposed, existing, removed and relocated electrical equipment and appurtenances. The plans will be prepared at a scale of 1"=200'. 11. Traffic control during construction will be the responsibility of the Contractor. The project special provisions will require the Contractor to prepare a traffic control plan that conforms to MUTCD and WATCH criteria. 12. Prepare landscape plans in conformance with the approved concept plan. These plans will be in the required format for final approval and will include proposed irrigation and planting improvements. The irrigation modification plan will include existing irrigation system(s) and the re -designed system to accommodate the new roadway widening. Cutting and capping lateral lines, relocating and installing new irrigation heads and other necessary equipment, and designing new irrigation systems as necessary for the new planting areas will be included. The planting modification plan will call out to remove and/or relocate trees, shrubs, and groundcover and add new planting material as necessary for the modified planning areas. 13.Prepare contract specifications and bid documents, using City "boilerplate;' to conform to applicable requirements of the City and applicable local agencies. The specifications will supplement the current edition of the "Standard Specifications for Public Works Construction." 14. Prepare preliminary engineer's quantity and construction cost estimates. 15. Perform right of way engineering for partial acquisition of six parcels. A Discuss right of way requirements with City staff and obtain data needed for acquisition work. B Prepare legal descriptions and sketches for the acquisition parcels. 16.The PS&E package will be submitted to the City and other required agencies for review and comment at three stages: preliminary, intermediate, and final. Final PS&E will be submitted to utility companies with known facilities in the project area. We will address comments received at the preliminary and intermediate milestones and submit a complete, ready to bid, PS&E package to the City for final review and approval. 17.Attend coordination meetings with City personnel at various times during the design phase to obtain additional input and to review work. Phase IV - Final Design 1. Based on the City, utility company and other agency comments and requirements, revise and update the preliminary PS&E. 2. Appraise partial acquisition for six parcels. The Assessor Parcel Numbers for the parcels to be appraised are referenced as follows: 121-150-17 668-242-02 121-150-18 668-242-14 121-150-23 668-242-16 The appraisal report produced will be a Complete Appraisal presented in a Summary Report format and will comply with the Uniform Standards of Professional Appraisal Practice. The purpose of the appraisal is to estimate the just compensation for partial takings for acquisition purposes as of a current date of value. The taking impacts only landscaping on five of the six parcels. On the sixth parcel, parking is also impacted, but the parking lot can be modified so as to recapture any impacted parking spaces. Since the takings do not impact any major improvements or result in the permanent loss of parking or any other severance damages, the parcels will be appraised as though vacant. Furthermore, this proposal is based on the assumption the city will not require the landscape setbacks impacted by the project to be reestablished. Moreover, if the city acquires temporary construction easements, it is a basic assumption of the proposal that improvements within the 0 9 temporary construction easement area will be protected in place and or reestablish in like kind by the city's contractor. 3. Prepare final plans, specifications and engineer's construction cost estimates in a City approved format for construction bidding of the project. 4. Submit final PS&E to the City. Data And Services Furnished by the City 1. List of utility companies, agencies, and districts serving the project area, including the name, address and telephone number of their representatives. 2. Fees for permits and record information from utilities and other public agencies. 3. No fee encroachment permit for survey and geotechnical work. 4. Environmental documentation. 5. Title reports. 6. Coordination with affected property owners. 7. Traffic index to be used for pavement structural section design. 8. The proposed locations of water valve replacement and abandonment. 9. Right of way acquisition. 10. Bid document reproduction. 11. Advertising for bidding purposes. 12. Construction administration, inspection and staking. 13. Red line markups of as built changes for preparation of record drawings. 0 Camino Capistrano/Del rI Obispo Street Intersection Improvements Exhibit "B" Compensation Total Fee $112,890 EXHIBIT B Civil Survey Geotechnical Traffic Landscape Appraisal $112,890 $35,210 $14,840 $4,000 $33,040 $18,900 $6,900 Preliminary Investigation Kickoff Meeting $750 $300 Data Research $760 $760 Site Visit $1,000 $840 $900 Preliminary Engineering Design Survey Centerlines/Right of Way $2,440 Cross Sections $4,800 Drafting $1,000 Supervision $600 Utility Coordination $1,770 Geotechnical Engineering $4,000 Driveway analysis $14,470 ED Support $1,740 Tree Study $1,500 Preliminary Design Landscape Concepts $2,800 Photo Simulations $4,000 Title Sheet $2,700 Typical Sections $3,240 Civil Design Drawings $11,700 Traffic Signal $9,030 Signing and Striping $3,500 Street Lighting $3,200 Landscape Design $7,600 Specifications $2,880 $1,240 $800 Estimate $1,740 $400 Right of way Engineering $6,000 Meetings $2,640 $600 Final Design Respond to Review Comments $1,620 Appraisal $6,900 Final PS&E $2,670 Total Fee $112,890 EXHIBIT B • WILLDAN • Schedule of Hourly Rates Exhibit "C" ENGINEERING Principal Engineer ...................................................$165.00 Division Manager ......................................................155.00 50.00 City Engineer.............................................................155.00 Project Manager ........................................................155.00 Supervising Engineer................................................140.00 Senior Engineer ........................................................125.00 Senior Design Manager............................................125.00 100.00 Design Manager ........................................................115.00 Associate Engineer ...................................................115.00 **80.00 ! 95.00 Senior Designer ........................................................110.00 **75.00 / 95.00 Senior Design Engineer II .........................................110.00 Senior Design Engineer I ..........................................105.00 / 95.00 Designer 11.................................................................100.00 ................90.00 Designer1....................................................................95.00 Design Engineer II ....................................................100.00 Design Engineer I .......................................................95.00 / 95.00 Senior Drafter..............................................................90.00 65.00 DrafterII......................................................................80.00 DrafterI.......................................................................75.00 Technical Aide............................................................65.00 CONSTRUCTION #*NAGEMENT Division Manager ......................................................155.00 Project Manager ........................................................155.00 50.00 Senior Construction Manager...................................135.00 Construction Manager...............................................125.00 Assistant Construction Manager...............................105.00 Utility Coordinator ......................................................110.00 Supervising Public Works Observer .........................110.00 100.00 Senior Public Works Observer...................................95.00 Public Works Observer ................................ **80.00 ! 95.00 Assistant Public Works Observer ............... **75.00 / 95.00 Labor Compliance Manager .....................................105.00 Labor Compliance Specialist ......................................80.00 / 95.00 SURV .EYING Division Manager ......................................................155.00 Supervisor - Survey & Mapping ................................140.00 50.00 Senior Survey Analyst...............................................110.00 Senior Calculator ......................................................105.00 Calculator 11.................................................................95.00 Calculator 1..................................................................85.00 Survey Analyst II .......................................................100.00 100.00 Survey Analyst I..........................................................85.00 Survey Party Chief ....................................................100.00 Field Party (One) ..............................................150.00 Field Party (Two).......................................................200.00 Field Party (Three)....................................................250.00 / 95.00 LANDSCAPE ARCHITECTURE Division Manager ......................................................155.00 Principal Landscape Architect...................................130.00 Senior Landscape Architect ......................................110.00 Associate Landscape Architect.................................100.00 Assistant Landscape Architect ...................................85.00 BUILDING AND SAFETY Division Manager ......................................................155.00 Supervising Plan Check Engineer.............................130.00 50.00 Building Official.........................................................130.00 Plan Check Engineer ................................................120.00 Deputy Building Official .............................................120.00 Inspector of Record ...................................................120.00 Senior Plans Examiner..............................................110.00 100.00 Supervising Building Inspector..................................110.00 Plans Examiner.........................................................100.00 Senior Building Inspector..........................................100.00 Supervisor Code Enforcement.............................100.00 Building Inspector.........................................**90.00 / 95.00 Supervising Construction Permit Specialist ................90.00 Senior Construction Permit Specialist .........................85.00 Senior Code Enforcement Officer...........................80.00 Assistant Building Inspector .........................**80.00 / 95.00 Code Enforcement Officer., ........................................ 65.00 Construction Permit Specialist ...................................70.00 Assistant Construction Permit Specialist ....................60.00 Plans Examiner Aide...................................................60.00 Assistant Code Enforcement Officer...........................55.00 PLANNING Division Manager ......................................................155.00 Principal Planner .......................................................130.00 50.00 Principal Community Development Planner..............130.00 Senior Planner..........................................................115.00 Senior Community Development Planner.................115.00 Associate Planner .....................................................100.00 Associate Community Development Planner ............ 100.00 Assistant Community Development Planner...............90.00 Assistant Planner ........................................................90.00 Planning Technician ....................................................70.00 Community Development Technician .........................70.00 ADMINISTRATIVE Computer Data Entry ..................................................50.00 Clerical........................................................................ 50.00 Word Processing .........................................................50.00 Personal Computer Time ............................................15.00 "Prevailing Wage Project, Use $95.00/Hour Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. EXHIBIT C 0 0 ARROYO GEOTECHNICAL Fee Schedule - Personnel January 1, 2005 Accounting Cost Code 22005 TECHNICALI STAFF_ GEOTECHNICAL Principal/Chief Engineer/Geologist................................150.00 Senior Geotechnical Engineer/Geologist .......................130.00 50.00 Project Engineer/Geologist............................................110.00 Senior Staff Engineer/Geologist......................................90.00 Staff Engineer/Geologist .................................................80.00 Sr. Soil Technician*(Non-prevailing Wages)...................75.00 Sr. Soil Technician*(Prevailing Wages)...........................85.00 Soil Technician* (Non -prevailing Wages) ....................... 65.00 Soil Technician* (Prevailing Wages)..............................75.00 SPECIAL INSPECTION Construction Material Engineer.....................................120.00 Supervisor........................................................................90.00 Construction Inspector (Non -prevailing Wages)..............55.00 Construction Inspector (Prevailing Wages).....................70.00 * The rate includes field vehicle use charges ADMINISTRATIVE Computer Data Entry .......................................................50.00 Clerical............................................................................ 50.00 Word Processing.............................................................50.00 ComputerTime................................................................15.00 CADOperator..................................................................70.00 EXPERT WITNESS Principal Engineer/Geologist.........................................300.00 Consultation in connection with litigation and court appearances will be quoted separately. General rates for such work are listed under expert witness. Staff assignments depend on availability of personnel, site location, and the level of experience required to satisfy the technical requirements of the project and meet the prevailing standard of professional care. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Mileage/Field Vehicle usage will be charged at the rate of $.50/mile or $5 per hour, subject to negotiation. The rates will remain firm for 120 days from the date of this submittal. Page l of 2 Ci ARROYO GEOTECHNICAL Fee Schedule - Laboratory January 1, 2005 Iden.tirication and ilndex `Properties In -Situ Moisture and Density (ASTM D2937) ................18.00 Grain Size Analysis (ASTM D422) 20.00 Sieve Only (3^ to #200) ................................................. 65.00 Sieve and Hydrometer .................................................100.00 40.00 Percent Passing #200 Sieve (ASTM D1140) .............. 45.00 Atterberg Limits (ASTM D4318) 60.00 MultiPoint................................................................... 80.00 OnePoint.................................................................... 65.00 Specific Gravity (ASTM D854) .................................... 50.00 Sand Equivalent (ASTM D2419) ................................. 65.00 Compaction and:Beadn'' Strength Modified Proctor Compaction (ASTM D1557) Method A or B (4" Mold)..................................................150.00 Method A or B (6" Mold)..................................................175.00 20.00 Compaction, California 216 .............................................150.00 40.00 California Bearing Ratio CBR (ASTM D1883) 40.00 3 points............................................................................450.00 150.00 R-Value...........................................................................220.00 60.00 :Shear Strength ; 6000 Torvane/Pocket Penetrometer ......................................... 15.00 Direct Shear - per point Consolidated -Drained (ASTM D3080) ............................. 70.00 Residual..........................................................................100.00 Unconfined Compression (ASTM D2166) .......................100.00 Unconsolidated Undrained (UU) ..;; .. ....... .........125.00 Consolidation/Collapse and Swell Tests Consolidation (ASTM D2435) 8 load increments w/one time -rate .............................140.00 Additional load increment ........................................... 20.00 Additional Time rate per load increment ..................... 40.00 Single point (collapse test) ......................................... 40.00 Single Load Swell (ASTM D4546) 150.00 Ring sample, field moisture ........................................ 60.00 Rin sam le air dried 6000 9 P ,................................................. Remolded sample per specimen ................................ 40.00 Expansion Index (ASTM D4829/UBC 29-2) ...............100.00 Laboratory -Permeability Constant Head (ASTM D2434) ...................................225.00 Falling Head Flexible Wall (ASTM D5084) .................275.00 Triaxial Permeability (EPA 9100) ................................325.00 Chemical Tests ` Corrosivity (pH, resistivity, sulfates, chlorides) ........... 150.00 Organic content (ASTM D2974) ................................. 60.00 Construction Material: Testing-, 6 X12 Concrete Cylinder (C39) .....................................20.00 2", 4", 6" Diameter Concrete Cores (Test Only).......... 30.00 Mortar and Grout, Cylinder, Prism, and Cubes.............30.00 Reinforcing Steel, Tensile and Bend Tests ................ 40.00 Unit rates presented are for routinely performed geotechnical and construction material laboratory tests. Othertests can be performed in our laboratory, including rock core, soil cement, and soil lime tests. Additional tests will be quoted on request. The rates will remain firm for a period of 120 days from the date of this submittal. Unit rates presented herein assume samples are uncontaminated and do not contain heavy metals, acids, carcinogens, or volatile organic compounds that can be measured by an OVA or PID with concentrations greaterthan 50 ppm. Arroyo will not accept contaminated samples. Uncontaminated samples will be disposed of 30 days after presentation of test results. Page 2 of 2 0 0 Hennessey & Hennessey Fee Schedule Sharon Hennessey.............................$150.00/hour Appraisal Assistants ............................. $55.00/hour Support Staff ......................................... $50.00/hour E E I I M o JMPIRI 0 c Lm LC E c 0 0 -a c 0 2 C 0 a 0 a 0 f -M -M 2 0 1 E i 00 ?: 1 o E E 0 0 .2- mm R -C6 E E E '03 m m -7-7-� r b t5LL W.W i6 2 76 a` s� A J. 32400 PASEO ADELANTO �.� F� w A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 i L/��¢� SAM EVATO (949) 493-1171 (949) 493-1053 FAX Imt0A40ABtEo DIANE DIANE BATHGATE EsEo l it i, 1776IB6I JOEA RT OTO N'iSW..SGY/ tIGYIC'G [S(YGYIO.OY> 0— • DAVID M. SWERDLIN October 6, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On October 4, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of Personal Services Agreement - Camino Capistrano and Del Obispo Street Intersection Improvements (Willdan) (CIP No. 111)" Item No. D3. The following action was taken at the meeting: Personal services agreement with Willdan for design and right-of-way acquisition services for the Camino Capistrano and Del Obispo Street intersection improvements, in the amount of $112,890, approved. If you have any questions regarding this action, please contact Brian Perry, Senior Civil Engineer at 443-6353 for more detailed information. Thank you, Mitz' rt1 Deputy C Clerk Cc: Ken Steele, Willdan"; Nasser Abbaszadeh, Engineering & Building Director; Brian Perry, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on reryd60 paper 0 0 32400 PASEO ADELANTO e Q MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 G' + SAM ALLEVATO (949)493-1171 K17�76 DIANE BATHGATE (949) 493-1053 EAx 1961W wwwsanluanc a�ll.P(I'aYlO. otg VATT HART JOE SOTO • DAVID M. SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on October 4, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Personal Services Agreement - Camino Capistrano and Del Obispo Street Intersection Improvements (Willi (CIP No. 111)" — Item No. D3. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, October 3, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Brian Perry, Senior Civil Engineer. You may contact that staff member at (949) 443-6353 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.orq. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council -agendas a(�.sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Ken Steele, Willdan*; Nasser Abbaszadeh, Engineering & Building Director; Brian Perry, Senior Civil Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on r cvcled Pape, 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org October 7, 2005 Kenneth T. Steele, P.E. Willdan 2401 E. Katella Ave., Ste. 450 Anaheim, CA 92806 Dear Mr. Steele: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE SATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Personal Services Agreement related to the preparation of plans and specifications for the Camino Capistrano/Del Obispo Street intersection improvements is enclosed for your records. Thank you for maintaining documentation confirming current compliance with the terms of insurance under your agreements with the city. Please keep in mind that should this documentation lapse all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. ✓ Please be aware that your insurance documentation is due to expire on November 9, 2005. You may proceed with work under this agreement in coordination with the project manager, Brian Perry, Senior Civil Engineer (949) 443-6353. Thank you, Mitzi rti�G�� z Deputy City Clerk cc: Brian Perry, Senior Civil Engineer Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recycled paper 32400 PASEO ADEI ANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 E'Ax www. sanjuancapistrano. org October 5, 2005 Willdan 2401 E Katella Ave, Ste 450 Anaheim, CA 92806 Attn: Kenneth T. Steele, PE Dear Mr. Steele: 11 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO 1�Gy7 mfouoAAIEI DIANE BATHGATE ' f31X111SXfp 1961 MATT HART 1776 JOE SOTO • • DAVID M. SWERDLIN On October 4, 2005, the City Council approved a Personal Services Agreement related to preparation of plans and specification for the Camino Capistrano/Del Obispo Street intersection improvements. It is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK — followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Brian Perry, Senior Civil Engineer (949) 443-6353. Please call Mitzi Ortiz, Deputy City Clerk (949) 443-6310 if you have questions regarding the forms of insurance needed. nk you, My Mgr(ah'�n, CMC Ci erk \ cc: Brian Perry, Senior Civil Engineer Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future APrinted an recvcled caner 0 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. City's reuse of such materials on a project other than the project which is the subject of this agreement shall be at City's sole risk. Section 13. In emnit . Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses ordamages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property resulting from the negligent acts, errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. 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; $1,000,000 injury to more than one person/any one occurrence/and general aggregate. 14.2 Comprehensive Automobile Liability. c:Myf'iles\agree\pmonalsvcs.wpd 01/25/00 pACity Manager\cmgr shared\personalsvcs.wpd -4- i 0 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 maintain Errors and Omissions Coyerage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancel lation/Term I nation of Insurance. The above policy/policies shall not be cancelled, 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. 14.7 Terms of Compensation. c:\myfiles\agree\personalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\personalsvcs.wpd -5- 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 and Consultant 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 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Engineering & Building To Consultant: Willdan 2401 East Katella Ave., Suite 450 Anaheim. CA 92806 Attn: Kenneth T. Steele, P.E. 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. c:Vnyfi1m\agrce\per m1svcs.wpd 01/25/00 pACity Manager1cmgr shamd\pmom1svcs.wpd -6-