Loading...
10-0526_KEETON KREITZER CONSULTING_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this Aa— day of May, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Keeton Kreitzer Consulting (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to prepare the Draft Environmental Impact Report (DEIR) for the proposed Plaza Banderas Hotel development project; 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. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $135,513.00 (One - hundred and thirty-five thousand, five -hundred and thirteen dollars and no cents) as set forth in Exhibit "B," attached and incorporated herein by reference. 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 and as set forth in Exhibit "C", attached and incorporated herein by reference. 1 3.3 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. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed 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 the 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. 0 Section 9. Compliance with Law: E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.00v, or access the registration page at https://www.vis-dhs.com/employerregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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. 3 • Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City, Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 01 0 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party 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. 5 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: David Contreras, Senior Planner To Consultant: Keeton Kreitzer, Principal Keeton Kreitzer Consulting 17291 Irvine Boulevard, Suite 305 Tustin, CA 92780 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: i O City Clerk CITY OF SAN JUAN ClAPIISSTRANO By: Joe Tait, City Manager CONSULTANT M APPROVED AS TO FORM: IRA,�.�.� Exhibit A, Keeton Kreitzer Consulting Proposal to Prepare the Draft Environmental Impact Report (DEIR) for the Plaza Banderas Hotel project. Exhibit B, Rate Schedule. Exhibit C, Payment for Services Schedule. 9 0 Exhibit A PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT — SAN JUAN CAPISTRANO, CA PROPOSAL FOR THE PREPARATION OF A DRAFT DRAFT ENVIRONMENTAL IMPACT REPORT PLAZA BANDERAS PROJECT SAN JUAN CAPISTRANO, CA INTRODUCTION Keeton Kreitzer Consulting (KKC) regards the environmental review process as a critical one because if a project is ever going to be challenged, it will be done so first through the environmental review process. Due to the nature of the proposed project and the potential for significant effects upon the existing environment wherein the project is located, it is important that an environmental impact report (EIR) be prepared that adequately and thoroughly addresses the issues that may be identified by the City of San Juan Capistrano for the proposed Plaza Banderas Project. In accordance with Section 15161 of the California Environmental Quality Act (CEQA) Guidelines, a .'project" EIR will be prepared by KKC that will analyze the approval of the discretionary actions requested by the project applicant in order to implement the proposed project to ensure that each of the significant issues that may be identified. As indicated by the City, the discretionary approvals requested by the project applicant include'. (1) Architectural Control (AC); (2) General Plan Amendment;" (3) Rezone; and (4) Tentative Parcel Map. The analysis included in the project Draft EIR will address potential impacts associated with the specific discretionary actions identified above that are necessary to implement the proposed project. Where necessary, appropriate mitigation measures shall be recommended to reduce potential impacts to a less than significant level. The consultant team assembled by KKC is aware of the significance of this project. The Draft EIR prepared by KKC will analyze the project accordingly to ensure that each of the significant issues identified by the City are thoroughly and adequately addressed. As presented in the scope of work that follows, we have presented a step-by-step approach to respond to the mandated environmental review process. Coordination with the San Juan Capistrano Planning Department staff and technical consultants is also a significant element of the scope of work proposed by KKC. Finally, KKC also recognizes the need to meet with the City and the community as an integral component of the environmental review process to provide necessary support to the San Juan Capistrano Planning Department when describing the need for, as well as the nature and extent of, the environmental analysis to be undertaken. Other important components of the scope of work include the preparation of several technical studies, attendance at public hearings, and completion of the required findings and other related documents to support the environmental analysis. The proposal that follows reflects our understanding of the project and our view of the issues associated with the development of the proposed Plaza Banderas project site in the City of San Juan Capistrano. It is important to note that, if necessary, the scope of work will be finalized upon completion of the NOP public comment period and/or following the scoping meeting conducted by the City. Proposal for Environmental Consulting Services Plaza Banderas Project - San Juan Capistrano, CA May l7, 2010 • 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT — SAN JUAN CAPISTRANO, CA SCOPE OF SERVICES As indicated above, the scope of services for the Draft Environmental Impact Report (Draft EIR) comprises several discrete steps that implement both the State and City of San Juan Capistrano and California Environmental Quality Act (CEQA) Guidelines. The major objective to be achieved is the certification of the Draft EIR that will require the implementation of several tasks to be undertaken that include, but not limited to, the following: (1) project management and coordination; (2) preparation of technical studies; (3) preparation of the Draft EIR; (4) EIR processing and public participation; (5) preparation of the Final EIR; and (6) preparation of the legal documents that support the Final EIR, including the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Consideration, if necessary. Each work task to be undertaken is identified and described below. Task One - Proiect Management Project management will be an integral part of the planning process. As a result, this task will involve management and coordination of all work to be undertaken to prepare the Draft EIR. In order to ensure that work associated with the preparation of the Draft EIR is progressing in accordance with the schedule, meetings as determined necessary will be conducted that include representatives of the EIR consultant, project applicant, City of San Juan Capistrano, and/or other agencies having an interest in the proposed project. Specifically, this task will accommodate up to three (3) such meetings. In addition, KKC will also attend one (1) scoping meeting conducted by the City for the proposed project. It is important to note that the scope of work may be modified as a result of the issues and concerns identified during the NOP review period and/or public input received at the scoping meeting. Should such modifications be necessary, a revised budget and scope will be prepared and submitted to the City for approval. The remainder of this task encompasses day-to-day project management and coordination necessary to complete the environmental analysis. The KKC project manager will coordinate the work efforts of the individual technical consultants to ensure that their work addresses the issues identified during the scoping meeting and in NOP comments. In addition, the entire work effort will be conducted pursuant to the City's environmental review process. As a result, close coordination with the City's project manager will be necessary. In summary, this task will include Management and supervision of the EIR consultant team and project applicant consultants to ensure that the technical studies prepared for the project are adequate; Coordination of the proposed project and environmental document with the City of San Juan Capistrano staff to ensure that City policy is reflected in the Draft EIR; Consultation with the City of San Juan Capistrano staff and other responsible agencies as determined necessary; and Attendance at up to three (3) meetings with City staff and the consultant team and attendance at one (1) scoping meeting. Proposal for Environmental Consulting Services Plaza Banderas Project- San Juan Capistrano, CA May 17, 2010 0 J PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT —SAN JUAN CAPISTRANO, CA Estimated Time Frame: As Required Estimated Budget: $5,520.00 Task Two — Preparation of the Notice of Preparation (NOP) Because the City has determined that an EIR will be required, an initial study will not be prepared. As a result, KKC will prepare the Notice of Preparation (NOP). The NOP will be distributed via certified mail (return receipt) to all recipients included on a master distribution list established in consultation with City staff as determined appropriate by the City of San Juan Capistrano. The recipients will include all responsible and trustee agencies as well as interested organizations and individuals as determined by the City. Estimated Time Frame. 1 Week (including City review) Estimated Budget: $1,380.00 Task Three - Sub Consultant Studies In order to adequately evaluate project -related impacts, it will be necessary to undertake several technical studies, including: (1) noise; (2) air quality; (3) cultural resources; (4) paleontological resources; (5) aesthetics (visual simulations); (6) traffic and circulation; and (7) Biological Assessment. The scopes and budget for each of the technical studies reflected in this proposal for environmental consulting services are attached. These studies, which will be conducted by the project team members, are identified below: (1) Noise The Planning Center (2) Air Quality The Planning Center (3) Traffic and Circulation Linscott, Law & Greenspan, Engineers, Inc. (4) Biological Assessment Glenn Lukos & Associates Estimated Time Frame: 4 — 6 Weeks Estimated Budget: $10,974.00 (Noise) $10,809.00 (Air Quality) $52,660.00 (Traffic and Circulation) $ 3,870.00 (Biological Resources) Additional Technical Studies In addition to the technical studies identified above, other studies and reports that must be prepared and submitted to KKC for inclusion in the Draft EIR for the Plaza Banderas Project include: Soils and Geology Hydrology/Water Quality Management Plan Phase I and/or Phase II Environmental Site Assessment Cultural Resources Assessment Visual Simulations (6) Proposal for Environmental Consulting Services Plaza Bandetas Project — San Juan Capistrano, CA May f 7, 2010 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT— SAN JUAN CAPISTRANO, CA It must be noted that the fees for the preparation of the technical studies identified above are not included in either the scope of work or budget proposed for the preparation of the Draft EIR for the Plaza Banderas Project. The project applicant will submit the studies identified above to the City, which will submit the to KKC. S8 18 Review Because project implementation would require the approval of a General Plan Amendment, the City of San Juan Capistrano must comply with the requirements of SB 18 by submitting a request to the Native American Heritage Commission (NAHC). Compliance with SB 18 includes a requirement that the City send letters to the appropriate Native American representatives. The purpose of the letters is to inform each of the Native American representatives of the proposed project in accordance with the provisions of SB 18. The information that may be provided by the NAHC and Native American representatives prior to the completion of the Draft EIR will be reflected in the discussion of impacts to cultural resources in that document Task Four - Preparation of the Screencheck EIR The most significant task to be undertaken as part of the proposed work program is that of preparing the EIR, A Screencheck EIR will be the precursor to the Draft document and will be submitted to the City for review and comment prior to the preparation of the Draft EIR. This work effort will encompass both primary and secondary research to establish the ambient environmental conditions, understand in detail the environmental impacts associated with the proposed project, evaluate proposed mitigation measures and/or recommend additional mitigation measures to eliminate or reduce environmental impacts to an acceptable level. The Draft EIR outline proposed for the project is presented below, followed by a brief discussion of the information that will be included in each section of the document. Draft EIR Table of Contents Plaza Banderas Project San Juan Capistrano, CA CHAPTER 1.0 - EXECUTIVE SUMMARY 1.1 Description of the Proposed Project 1.1.1 Project Location 1.1.2 Project Description 1.1.3 Project Phasing 1.1A Project Objectives Proposal for Environmental Consulting Services Plaza Banderas Project— San Juan Capistrano, CA May 17, 2010 10 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT —SAN JUAN CAPISTRANO, CA 1.2 Alternatives 1.2.1 Summary of Alternatives 1.2.2 Environmentally Superior Alternative 1.3 Areas of Controversy 1.4 Issues to be Resolved 1.5 Impact Summary Table CHAPTER 2.0 - INTRODUCTION 2.1 Purpose of the Draft EIR 2.1.1 Authority 2.1.2 Incorporation by Reference 2.1.3 Intended Uses of the Draft EIR 2.1.4 Related Approvals 2.1.5 Agencies Having Jurisdiction 2.1.6 Availability of the Draft EIR 2.2 Methodology 2.2.1 Existing Environmental Setting 2.2.2 Significance Criteria 2.2.3 Project Design Features/Standard Conditions 2.2.4 Environmental Impact Analysis 2.2.5 Mitigation Measures 2.2.6 Level of Significance After Mitigation CHAPTER 3.0 -PROJECT DESCRIPTION 3.1 Project Location 3.2 Definition of the Project Site 3.3 Environmental Setting 3.4 History and Evolution of the Proposed Project 3.5 Project Description 3.6 Project Phasing 3.7 Project Objectives Proposal for Environmental Consulting Services Plaza Banderas Project - San Juan Capistrano, CA May 17, 2010 5 • PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT — SAN JUAN CAPISTRANO, CA CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS 4.1 Land Use/Relevant Planning 4.2 Traffic and Circulation 4.3 Air Quality 4.4 Noise 4.5 Public Health and Safety 4.6 Drainage and Hydrology 4.7 Biological Resources 4.8 Cultural/Scientific Resources 4.9 Soils and Geology 4.10 Population and Housing 4.11 Public Services and Facilities 4.11.1 Police Protection 4.11.2 Fire Protection 4.11.3 School Facilities 4.11.4 Parks and Recreation 4.12 Utilities 4.12.1 Sewer Facilities and Service 4.12.2 Water Facilities and Service 4.12.3 Solid Waste Facilities 4.13 Aesthetics CHAPTER 5.0 - CUMULATIVE IMPACTS 5.1 Description of Cumulative Projects 5.2 Cumulative Impacts Analysis Proposal for Environmental Consulting Services Plaza Banderas Project — San Juan Capistrano, CA May 17, 2010 6 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT— SAN JUAN CAPISTRANO, CA CHAPTER 6.0 - ALTERNATIVES TO THE PROPOSED PROJECT 6.1 Introduction 6.1.1 Purpose and Scope 6.1.2 Criteria of Alternatives 6.1.3 Identification of Alternatives 6.2 Analysis of Alternatives' 6.3 Summary of Alternatives 6.4 Identification of Environmentally Superior Alternative CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED CHAPTER 8.0 - GROWTH -INDUCING IMPACTS CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED CHAPTER 12.0 - BIBLIOGRAPHY TECHNICAL APPENDIX A. Notice of Preparation B. NOP Comment Letters C. Traffic Analysis D. Air Quality Analysis E. Noise Analysis F. Hydrology Analysis G. Biological Resources Assessment H. Cultural Resources Assessment A summary of the information and analyses to be included in each of the sections identified in the preceding table of contents is presented below. 'A maximum of four alternatives, inducing the "No Project' alternative will be evaluated. The specific nature of the land use(s) of each of the alternatives will be determined in consultation with the City of San Juan Capistrano and selected technical consultants. Proposal for Environmental Consulting Services Plaza Banderas Project— San Juan Capistrano, CA May 17, 2010 7 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT— SAN JUAN CAPISTRANO, CA 1.0 Executive Summary A summary of the project location, description and objectives will be presented in this section as well as a summary of the potential impacts, mitigation measures, and unavoidable environmental consequences, presented in a matrix or table format. This section will also include a brief description of each alternative (including identification of the "environmentally superior" alternative), a list of potential areas of controversy, and issues to be resolved as required by the State CEQA Guidelines. 2.0 Introduction This introductory section will identify the purpose and scope of the Draft EIR, the contents of the document, the authority by which it has been required, the agencies having jurisdiction over the project, and the intended uses of the document (i.e., subsequent discretionary and/or permit approvals). 3.0 Project Description A complete description of the project, including its history and evolution, location, parameters, phasing (if available), and all actions necessary to implement the proposed project will be presented in this section. The description will include a narrative component and statistical tables as appropriate to adequately describe the nature, scope and intensity of the project. This section will also include a brief presentation of background information necessary to provide a context for the applications. 4.0 Environmental Analysis The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions on the subject property and in the environs and to identify the potential impacts or consequences that may result from implementation of the proposed project. This section will contain the environmental analysis for each issue that has been determined to be the subject of the Draft EIR. The extent of the analysis and documentation for each issue will be identified in Task Two as well as in NOP comments and during the public scoping meeting. In some cases, the discussion will be a summary of a technical study prepared by a member of the applicant's consultant team. In each case where a technical study will be the basis for the environmental analysis contained in the EIR, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project -related impacts, and identify/recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. As indicated in the recommended Table of Contents, the environmental analysis will evaluate potential associated with a wide range of issues. In addition, if determined necessary, additional issues would also be evaluated based on relevant comments received during the NOP/scoping process. The scope of work included in this proposal also includes the preparation of several technical studies (i.e., hydrology/hydraulics, noise, air quality, cultural/scientific resources, visual simulations, and biological resources). However, it should be noted that the land use studies and other technical documentation prepared by/for the applicant and/or City of San Juan Capistrano will also be utilized to the extent they are applicable to the proposed project. In order to facilitate the analysis of each issue, a standard format will be employed to analyze each issue thoroughly. This format is presented below with a brief discussion of the information included within each topic. Proposal for Environmental Consulting Services Plaza Banderas Project — San Juan Capistrano, CA May 17, 2010 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT — SAN JUAN CAPISTRANO, CA Existing Environmental Setting This introductory section describes the existing environmental conditions related to each issue analyzed in the Draft EIR. In accordance with the State CEQA Guidelines, both the local and regional settings are discussed as they exist prior to implementation of the proposed project. This documentation will serve as the baseline upon which the project -related impacts will be evaluated. Significance Criteria Specific criteria will be identified and presented in this section of the Draft EIR upon which the significance of the project -related potential impacts is determined. The significance criteria which are the basis of the environmental analysis contained in the Draft EIR will be derived from the significant effects presented in the State CEQA Guidelines, adopted local (i.e., City of San Juan Capistrano, etc.), State and/or federal policies and programs that may apply; and other commonly accepted technical and non-technical standards prescribed by responsible agencies (i.e., County of Orange, South Coast AQMD, Caltrans, etc.) determined to be appropriate by the lead agency. Project Design Features/Standard Conditions This section of the document will identify specific project design features (PDF) that will be incorporated into the proposed project that are intended to preempt project -related impacts (e.g., incorporation of mature landscaping, etc.) by the applicant as well as standard conditions (SC) that are typically imposed by regulatory agencies (e.g., adherence to the Uniform Building Code) on development in order to ensure safety and minimize adverse environmental effects. The discussion of potential environmental impacts in Chapter 4 will reflect the incorporation of any PDFs and SCs included this section. Environmental Impact Analysis The environmental analysis for each issue, which has been determined to be the subject of the Draft EIR, is contained in this section of the document. The extent of the analysis and documentation for each issue will be identified during the NOP scoping process (refer to Task Two). In some cases, the discussion will be a summary of a technical study prepared by a member of the consultant team. In such case, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project -related impacts, and identify/recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. All project -related impacts, including those associated with all phases of the proposed project, will be clearly and adequately analyzed in accordance with the State CEQA Guidelines. It should be noted that any previous land use studies and/or other technical documentation prepared by/for the applicant and/or City of San Juan Capistrano will be utilized to the extent it is applicable to the proposed project. In order to facilitate the impact analysis, the following outline will be utilized in preparing the project -related environmental analysis. Potential Effects of the Project Found to be Insignificant Proposal for Environmental Consulting Services Plaza Sanderas Project — San Juan Capistrano, CA May 17, 2010 9 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT — SAN JUAN CAPISTRANO, CA Short-Term/Construction Impacts Long-Term/Operational Impacts Potential Effects of the Project Found to be Significant Short-Term/Construction Impacts Long-Term/Operational Impacts Mitigation Measures Where a potential significant environmental effect has been identified based on the criteria identified in analysis and that impact cannot be avoided, mitigation measures will be identified and included in this section of the document which ".. , minimize significant adverse impacts ... for each significant environmental effect identified in the EIR", as prescribed in the State CEQA Guidelines. Level of Significance after Mitigation Unavoidable significant adverse impacts are those effects that either cannot be mitigated or they remain significant even after mitigation is incorporated into the proposed project. These significant effects, if determined to a result of project implementation after mitigation, will be identified in this section of the Draft EIR. Prior to approval of the proposed project, the San Juan Capistrano City Council will be required to adopt a Statement of Overriding Consideratior s that identifies and describes the public benefit(s) associated with project implementation that offset the significant impacts. Additionally, the State CEQA Guidelines requires a discussion of "any inconsistencies between the proposed project and applicable general plans and regional plans." This discussion will occur within Section 4.1 (Land Use/Relevant Planning). 5.0 Cumulative Impacts This section of the Draft EIR will focus on other projects that are proposed or approved in the project environs that would create demands on servicing agencies and affect the ability of those agencies to continue to provide an adequate level of service. The City of San Juan Capistrano will identify any projects that have been proposed or are approved in the vicinity of the proposed project within its jurisdiction. In addition, the City will query adjacent municipalities in an effort to identify additional projects in the vicinity of the subject property. These other projects will be evaluated with the proposed project to determine project -related cumulative impacts. This section of the Draft EIR will also provide a discussion of these cumulative projects and their potential impacts on the several issues analyzed in Chapter 4.0 of the document. 6.0 Alternatives to the Proposed Project Chapter 6.0 will provide a qualitative impact analysis of the alternatives identified by KKC and the City of San Juan Capistrano. Three potential land use alternatives will be identified by the City during the initial stages of the analysis. The Draft EIR will analyze a maximum of four alternatives, including the "no project' alternative as prescribed by the State CEQA Guidelines, which will be selected following the Proposal for Environmental Consulting Services Plaza Banderas Project — San Juan Capistrano, CA May 17, 2010 10 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT — SAN JUAN CAPISTRANO, CA completion of the environmental impact analysis by KKC and approved by the Environmental Administrator. 7.0 Significant Irretrievable Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented Those impacts, which cannot be avoided, even with the implementation of mitigation measures, will be identified and summarized from the discussions contained in Chapter 4.0. 8.0 Growth -Inducing Impacts The manner in which the project could foster economic and/or population growth, either directly or indirectly, in the surrounding area will be thoroughly discussed. The characteristics of the project, which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively, will also be discussed in this chapter. 9.0 Inventory of Mitigation Measures This chapter of the document will include a comprehensive listing of the mitigation measures that will be required as a result of project implementation. This listing of mitigation measures will be used to create the mitigation monitoring and reporting program that will stipulate the timing and responsibility for each mitigation measure. 10.0 Inventory of Unavoidable Significant Adverse Impacts A comprehensive listing of the potential unavoidable adverse impacts (i.e., those that cannot be mitigated to a less than significant level) that are anticipated as a result of project implementation will be presented in this section of the Draft EIR. In addition, cumulative impacts that are significant and unavoidable will also be identified and listed. 11.0 Organizations and Persons Consulted A comprehensive listing of each individual and the organization with which the individual is associated will be included in this Chapter of the Draft EIR to document the source of the information utilized in the environmental analysis. 12.0 Bibliography Each document used as a reference or source of information will also be identified and presented in the Bibliography that will serve as a reference to those reviewing the Draft EIR. Pursuant to current CEQA requirements, the location(s) where each of the bibliographic references is maintained will be identified in this chapter to facilitate the review should the reference materials be needed. Upon completion of the Screencheck EIR, the EIR consultant will print three (3) copies of the document and submit them to the City's Planning Department for review and comment. In addition, one (1) CD- ROM copy in MS Word format will also be submitted to the City with the three printed screencheck documents. Estimated Time Frame: 8 Weeks Proposal for Environmental Consulting Services Plaza Banderas Project — San Juan Capistrano, CA May 17, 2010 11 • PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT— SAN JUAN CAPISTRANO, CA Estimated Budget: $27,600.00 Task Five - Preoaration of the Draft EIR All comments on the information and analysis contained in the Screencheck EIR made by City staff during their review will be forwarded to the EIR consultant for incorporation into the Draft EIR. It is anticipated that the City's review will be completed within a two-week period. The City will review the document to ensure that the information contained within it is adequate and complete before the Draft EIR is printed and distributed. Once released by City staff, the environmental consultant will distribute the Draft EIR with the Notice of Completion (NOC) for a 45 -day public review and comment period. The document will be mailed via certified mail (return receipt) to the entities identified on the master distribution list that also received the NOP. Estimated Time Frame: 4 Weeks Estimated Budget: $3,680.00 Task Six - Response to Public Comments At the end of the State -mandated 45 -day public review period, all comments received by the City from local, State and other responsible agencies and interested parties will be forwarded to the EIR consultant. Each comment will be addressed as it relates to the adequacy of the Draft EIR. An appendix to the Draft EIR will be prepared that includes a listing of each agency/individual commenting on the Draft EIR, the correspondence received from the commentator, and the responses prepared for each relevant comment. (Note: The estimated budget for this task is based on 40 hours at a billable rate of $115.00/hour.) Estimated Time Frame: 2 Weeks Estimated Budget: $4,600.00 Task Seven - Final EIR Once the Draft EIR is certified, the Final EIR will be prepared. That document will consist of the response to comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the Final EIR will include "redline/strikeout" revisions that reflect changes resulting from comments received during the public review and comment period. Estimated Time Frame: 2 Weeks Estimated Budget: $1,380.00 Task Eight - Mitigation Monitoring Program/Findings/Statement of Overriding Considerations/City Council Resolution The EIR consultant will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. This document will be presented to the City of San Juan Capistrano and will identify each mitigation measure to be carried out if the project is implemented, the entity that will be responsible for implementing the mitigation measure(s), and when each measure will be implemented. In addition, Proposal for Environmental Consulting Services Plaza aanderas Project — San Juan Capistrano, CA May 17, 2010 12 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT — SAN JUAN CAPISTRANO, CA the Findings of Fact and Statement of Overriding Consideration, if determined necessary (i.e., unavoidable significant adverse impacts remain after mitigation), will also be prepared and submitted to the City for review and presentation to the City of San Juan Capistrano Planning Commission and City Council for certification prior to approval of the proposed project. In addition, KKC will also prepare the City Council EIR Certification resolution. Estimated Time Frame: 4 Weeks Estimated Budget: $4,140.00 Task Nine - Public Hearings As stipulated by the City, the EIR consultant will attend up to four (4) advisory commission meetings, including those of the San Juan Capistrano Traffic Commission and Planning Commission. The estimated budget proposed for this task will also accommodate two (2) public hearings before the San Juan Capistrano City Council. The Project Manager will attend each and be responsible for making all presentations and responding to questions raised during the public meetings and/or hearings as directed by City staff. Should additional meetings and/or hearings be required, they will be charged at the appropriate hourly rate, upon authorization by the City of San Juan Capistrano. Estimated Time Frame. As Required Estimated Budget: $2,400.00 III. ESTIMATED BUDGET The scope of services and work project described in Section II of this proposal will be undertaken and completed for an estimated fee of $135,513.00. This fee includes project management, preparation of the technical studies identified in Task Three, the environmental impact analysis (including the Draft and Final EIRs), printing and distribution of the Draft EIR, attendance at public hearings. The proposed budget does not include the payment of required filing fees (i.e., NOD filing and CDFG fees). Proposal for Environmental Consulting Services Plaza Banderas Project - San Juan Capistrano, CA May 17, 2010 13 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT —SAN JUAN CAPISTRANO, CA Estimated Budget Plaza Banderas Project Draft EIR San Juan Capistrano, CA Estimated Task Description Bud et 1 Project Management $ 5,520.00 2 Notice of Preparation $ 1,380.00 Sub -Consultant Studies ($ 78,313.00 Noise 10,974.00 3 Air Quality 10,809.00' Traffic and Circulation 52,660.00' Biological Resources 3,870.00 4 Preparation of Screencheck EIR $ 27,600.00 5 Preparation of Draft EIR $ 3,680.00 6 Response to Public Comments $ 4,600.00 7 Preparation of Final EIR $ 1,380.00 Preparation of Findings/Mitigation Monitoring 8 Program/Statement of Overriding Considerations/City Council $ 4,140.00 EIR Certification Resolution 9 Public Hearings $ 2,400.00 Sub -Total - Professional Fees $ 129,013.00 Printing and Reproduction/Supplies/Postage $ 6,500.00 Total Estimated Budget $135,513.00 Budget includes attendance at two (2) public hearings, including one (1) before the Planning Commission and (1) before the City Council. 'Estimate only. Subject to review and negotiation based on nature and extent of public comments received during the public review period. 'Includes printing and reproduction associated with copies specified in deliverables. 'Total estimated budget does not include the preparation of the following technical studies, which will be the responsibility of the project applicant: (1) Preliminary Geotechnical Analysis; (2) Preliminary Hydrology Analysis, (3) Water Quality Management Plan; (4) Cultural Resources Assessment; and (5) Phase I Environmental Site Assessment. Proposal /or Environmental Consulting Services Plaza Banderas Project - San Juan Capistrano, CA May 17, 2010 14 i 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT —SAN JUAN CAPISTRANO, CA IV. DELIVERABLES As stipulated by the City, KKC will provide the City with the following deliverables: Three (3) hard copies and one (1) CD-ROM copy in MS Word Format of the Screencheck EIR Fourteen (14) hard copies and fifty (50) CD-ROM copies in *.pdf format of the Public Review Draft EIR. Five (5) hard copies and fifty (50) CD-ROM copies in *.pdf format of the Technical Appendices. Fifteen (15) hard copies and one (1) CD-ROM in *.pdf format of the Draft Final EIR. Three (3) hard copies and one (1) CD-ROM copy in MS Word format and *.pdf format of the Certified Final EIR. Copies of CEQA-required Notices posted with the County Clerk (i.e., Notice of Preparation, Notice of Completion, and Notice of Determination). Statement of Overriding Considerations (SOC), if required. Mitigation Monitoring and Reporting Program (MMRP). Findings of Fact. V. RESPONSIBILITY OF PROJECT APPLICANT AND/OR CITY OF SAN JUAN CAPISTRANO The following information shall be provided to the consultant in order to complete the analysis described in this proposal. All previous environmental documents prepared for the subject property and vicinity of the property. 2. All pertinent technical analyses prepared for the applicant and/or City and identified in Task 3, including, but not limited to: (1) soils and geology study, (2) hydrology and engineering (i.e., pre- and post -development drainage studies); (3) Water Quality Management Plan (WQMP); (4) Cultural Resources Assessment; (5) Phase I and (if necessary) Phase II Environmental Site Assessments; and (6) Visual Simulations. 3. A large-scale topographic map (i.e., 1" = 100') of the subject property (in reproducible form). 4. Topographic in reproducible form. Proposal for Environmental Consulting Services Plaza Banderas Project — San Juan Capistrano, CA May 17, 2010 15 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PLAZA BANDERAS PROJECT— SAN JUAN CAPISTRANO, CA 5. Aerial photograph, if available. 6. A complete project description, including a statistical summary of the proposed project and plans reflecting the proposed development plan and related discretionary action (e.g., General Plan Amendment, Architectural Control, etc.) necessary to implement the proposed project. 7. Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan, etc. (Large Scale Plans.) 8. Phasing/Development Plan that provides statistical summary of the anticipated sequence of development. 9. Cross-sections illustrating "existing" and 'post -development' conditions. 10. Adopted City of San Juan Capistrano General Plan (all elements) and Zoning Ordinance. 11. Impact significance criteria adopted by the City of San Juan Capistrano (if any). 12. List of cumulative projects (i.e., proposed, approved and pending). 13. Notice of Preparation distribution list. VI. STATEMENT OF OFFER/TERMS OF AGREEMENT The EIR consultant and technical consultants identified in this proposal are prepared to begin work on the Plaza Banderas Project Draft EIR immediately upon execution of the contract. You may be assured that should we be selected to provide the environmental services described in this proposal, we shall devote our full resources to the project and will approach it with the highest degree of enthusiasm, objectivity, and professionalism possible. We shall perform all work described in this proposal for an estimated budget of $135,513.00. This offer is valid for a period of sixty (60) days. It should be emphasized that these costs are based upon the assumptions made on the scope of the project; should the scope change significantly, necessitating a change to the work program, we will contact you immediately and amend both the scope of services and estimated budget accordingly. Keeton K. Kreitzer, Principal, is the individual authorized to bind the offer made above. Offer Presented By: Keeton K. Kreitzer, Principal KEETON KREITZER CONSULTING Date: May 17, 2010 Proposal for Environmental Consulting Services Plaza Banderas Project — San Juan Capistrano, CA May 17, 2010 16 0 Exhibit B RATE SCHEDULE Environmental Impact Report (EIR) Plaza Banderas Hotel Project E Estimated Budget Plaza Banderas Project Draft EIR San Juan Capistrano, CA Estimated Task Description Budget 1 Project Management $ 5,520.00 2 Notice of Preparation $ 1,380.00 Sub -Consultant Studies ($78,313.0 ? Noise 10,974.00 3 Air Quality 10,809.00' Traffic and Circulation 52,660.00' Biological Resources 3,870.00 4 Preparation of Screencheck EIR $ 27,600.00 5 Preparation of Draft EIR $ 3,680.00 6 Response to Public Comments $ 4,600.00 7 Preparation of Final EIR $ 1,380.00 Preparation of Findings/Mitigation Monitoring 8 Program/Statement of Overriding Considerations/City Council $ 4,140.00 EIR Certification Resolution 9 Public Hearings $ 2,400.00 Sub -Total - Professional Fees $ 129,013.00 Printing and Reproduction/Supplies/Postage $ 6,500.00 Total Estimated Budget $135,513.00 Budget includes attendance at two (2) public hearings, including one (1) before the Planning Commission and (1) before the City Council. 2Estimate only. Subject to review and negotiation based on nature and extent of public comments received during the public review period. 3Includes printing and reproduction associated with copies specified in deliverables. °Total estimated budget does not include the preparation of the following technical studies, which will be the responsibility of the project applicant: (1) Preliminary Geotechnical Analysis; (2) Preliminary Hydrology Analysis; (3) Water Quality Management Plan, (4) Cultural Resources Assessment; and (5) Phase I Environmental Site Assessment. 0 Exhibit C PAYMENT FOR SERVICES Environmental Impact Report (EIR) Plaza Banderas Hotel Project 0 Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed $135,513. This fee shall include all costs incurred by the CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses necessary to complete all work specified in the "Scope of Work" (Exhibit "A"). Section II. Contract Administration and Payment A. Prepayment by Applicant: The CITY shall require that the applicant shall, upon execution of this agreement, deposit with the CITY, the amount referenced in Section I. above. B. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT according to the following schedule: Payment for Services Environmental Impact Report Contract Amount $135,513 Maximum Cumulative Maximum Cumulative Project Milestone Percentage Payment Payment Following completion of the Notice of Preparation (NOP) process, scoping meeting, and submission of the EIR project description. 10% $13,551 During preparation and submission of the technical reports and during preparation the screencheck draft EIR 60% $81,308 Following submission of the EIR project alternatives section. 70% $94,859 Following submission of a complete Screencheck Draft EIR. 75% $101,635 Following submission of a public review Draft EIR. 80% $108,410 During the public review period on the draft EIR. 85% $115,186 Following the submission of the proposed Final EIR and the Draft Responses to Comments to the Findings of Fact, and the Mitigation Monitoring Program (MMP), and if applicable, the Statement of Overriding Considerations. 95% $128,737 Following submission of the Final EIR. 1 100% 1 $135,513 QuickReport E 0 Page 1 of 1 A��1� Misr'%+■ ,®, =,�,+ i,'_tr.�'�r_t x CITY OF SAN JUAN CAPISTRANO Income Statement by Fund For the Period Ending May 24, 2010 FY BEGIN: July 1, 2009 FY END: June 30, 2010 RUN DATE: May 25, 2010 REPORT DATE FROM July 1, 2009 TO May 24, 2010 FUND 25: DEVELOPER DEPOSIT FUND Current Period to Original Revised Date Account Number Account Name Budget Budget Actual REVENUES 25-00000-45410- DEVELOPER DEPOSIT 80133-000 REVENUE Total Revenues EXPENDITURES Excess (Deficiency) of Revenues over Expenditures Current Year to Percent of Date Available Budget Actual Budget Remaining 0.00 0.00 135,000.00 135,000.00 (135,000.00) 0.00% 0.00 0.00 135,000.00 135,000.00 (135,000.00) 0.00% 0.00 0.00 135,000.00 135,000.00 (135,000.00) 0.00% http:llsjc300v/QuickAppIGemsObjectsIQuickFrame.aspx?Startpage=..IQuickReportslQRMenu.as... 5/25/2010