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12-0822_KEETON KREITZER CONSULTING_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this�Cday of August, 2012, 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 Rancho San Juan Apartments; 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 the 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, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $122,720 (one -hundred and twenty-two thousand, seven -hundred and twenty 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. 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 the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency'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 the 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 the 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. 2 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 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. 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. 3 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 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). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 insured 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, 4 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. 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: Nick Taylor, Associate Planner To Consultant: Keeton Kreitzer, Principal Keeton Kreitzer Consulting P. O. Box 3905 Tustin, CA 92781-3905 5 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Ma ia'lVlorris, bts Cl k APPROVED AS TO FORM: - ON d& I Omar Sando a , City Attorney CITY (J SA J , A CAPISj-RANO K en P. Br st, City Manager CONSULTANT 10 A KeetloM Kreitzer Keeton Kreitzer EXHIBIT A PROPOSAL FOR THE PREPARATION OF A DRAFT DRAFT ENVIRONMENTAL IMPACT REPORT RANCHO SAN JUAN APARTMENTS CITY OF SAN JUAN CAPISTRANO 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 Rancho San Juan Apartment project that proposes 100 multiple -family residential dwelling units on a 10 -acre (gross) site on Vista Montana in the City of San Juan Capistrano. As indicated by City staff, the proposed project is requesting the approval of a General Plan Amendment, Rezone, Architectural Control, and Grading Plan Modification. A Draft EIR SCH No. 2005121149 dated November 7, 2007 was prepared for the Villa Montana Apartment Homes residential project and processed through the City of San Juan Capistrano. The Draft EIR evaluated a range of environmental issues, including but not limited to, traffic and circulation, land use, noise, air quality, drainage and hydrology, soils and geology. Several technical studies were prepared to support the findings and conclusions presented in the 2007 EIR prepared for the Villa Montana Apartment Homes project. It is understood that the Draft EIR was not certified by the City of San Juan Capistrano. The Villa Montana project proposed 163 -unit apartment homes within the Whispering Hills Estates Planned Community in the City of San Juan Capistrano on approximately four net acres of the approximately 10 -acre property. Approval of that project included the approval of several discretionary actions, including a General Plan Amendment, Rezone, Architectural Control, Vesting Tentative Tract Map, and Affordable Housing Implementation Agreement. Although the Draft EIR concluded that the potential impacts identified as a result of implementing the project could be reduced to a less than significant level (i.e., no significant, unavoidable impacts after mitigation is implemented), the Villa Montana project was denied based on the project's inconsistency with the goals and policies articulated in the City's Land Use and Housing Elements. The project has been redesigned to reduce the number of dwelling units as indicated above (i.e., 100 apartment units). 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 are thoroughly and adequately addressed. 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 Draft EIR prepared by KKC will analyze the project accordingly to ensure that each of the significant issues identified by the City is 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 City of San Juan Capistrano staff and technical consultants is also a Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO significant element of the scope of work proposed by KKC. Finally, KKC also recognizes the need to meet with the City as an integral component of the environmental review process to provide necessary support to the City 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 attendance at public hearings and completion of the required findings and other related documents to support the environmental analysis. The scope of the Draft EIR cannot be precisely determined until an initial study is completed so it is not possible to accurately identify the nature and extent of the potential environmental issues that would be addressed in the EIR. Because it is anticipated that an EIR would be prepared, the scope of work does not include a task to undertake and complete an initial study. However, should the City require the preparation of an initial study, a new task will be identified and a budget augmentation submitted prior to proceeding with its preparation. Therefore, the proposal that follows reflects our understanding of the project and our view of the issues associated with the development of a multiple -family residential development on the existing project site in the City of San Juan Capistrano. It is important to note that, if necessary, the scope of work will be finalized upon determination by City of San Juan Capistrano Development Service Department/Planning Division staff and/or following the scoping meeting that may be conducted by the City. Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 2 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO 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) research and analysis required for the preparation of the Draft EIR; (3) preparation of a Draft EIR, including requisite technical studies to support the environmental analysis presented in the EIR; (4) EIR processing and public participation; (5) preparation of the Final EIR; (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; and (7) attendance at public hearings. Each work task to be undertaken is identified and described below. Task One — Proiect Coordination Project coordination will be an integral part of the planning process. As a result, this task will involve 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 and/or technical consultants retained by the applicant, City of San Juan Capistrano Planning Division staff, and/or other agencies having an interest in the proposed project. Specifically, this task will accommodate up to three (3) such meetings. In addition, if determined necessary by the City of San Juan Capistrano, 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 by City staff and in NOP comments. In addition, the entire work effort will be conducted pursuant to the City of San Juan Capistrano environmental review process. As a result, close coordination with the City's project manager will be necessary. In summary, this task will include: Coordination with project applicant's technical consultants to ensure that the technical studies prepared for the project adequately address issues and meet all CEQA requirements; Consultation with the City's Planning Division and other relevant Department staff and other responsible agencies as determined necessary to address the environmental review process and environmental issues; and Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 3 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO Attendance at up to three (3) meetings with City staff and the consultant team and attendance at one (1) scoping meeting, if determined necessary by the City of San Juan Capistrano. Estimated Time Frame: As Required Estimated Budget: $6,000.00 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) traffic and circulation; and (4) aesthetics (visual simulations). 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 Giroux & Associates (2) Air Quality/GHG Giroux & Associates (3) Traffic and Circulation Kimley-Horn Associates, Inc. or other approved by City (4) Visual Simulations VisionScape Imagery Estimated Time Frame: 4 — 6 Weeks Estimated Budget: $ 2,450.00 (Noise) $ 2,750.00 (Air Quality/GHG) $59,100.00 (Traffic and Circulation) $ 9,600.00 (Visual Simulations) 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 Proposed Project include: Soils and Geology Hydrology/Water Quality Management Plan Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 4 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO 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 proposed Project. The project applicant will submit the studies identified above to the City, which will be submitted to KKC. SB 18 Review Because project implementation would require the approval of a General Plan Amendment, the City of San Juan Capistrano must comply with the requirements of SB 18 by submitting a request to the Native American Heritage Commission (NAHC). 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. Although the scope of the Draft EIR will be formally determined by City's Planning Division staff, comments received on the Notice of Preparation (NOP), and during the scoping meeting (if determined necessary), this proposal assumes that the Draft EIR will address all of the City's CEQA Environmental Checklist issues based on a preliminary review of the proposed project as well as direction provided by Planning Division staff. 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. Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 5 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO Draft EIR Table of Contents Rancho San Juan Apartments City of San Juan Capistrano CHAPTER 1.0 - EXECUTIVE SUMMARY 1.1 Description of the Proposed Project 1.1.1 Project Location 1.1.2 Project Description 1.1.3 Project Phasing 1.1.4 Project Objectives 1.2 Alternatives 1.2.1 Summary of Alternatives 1.2.2 Environmentally Superior Alternative 1.3 Areas of Controversy 1.4 Issues to be Resolved 1.5 Impact Summary Table CHAPTER 2.0 - INTRODUCTION 2.1 Purpose of the Draft EIR 2.1.1 Authority 2.1.2 Incorporation by Reference 2.1.3 Intended Uses of the Draft EIR 2.1.4 Related Approvals 2.1.5 Agencies Having Jurisdiction 2.1.6 Availability of the Draft EIR 2.2 Methodology 2.2.1 Existing Environmental Setting 2.2.2 Significance Criteria 2.2.3 Project Design Features/Standard Conditions 2.2.4 Environmental Impact Analysis 2.2.5 Mitigation Measures 2.2.6 Level of Significance After Mitigation Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 6 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO CHAPTER 3.0 - PROJECT DESCRIPTION 3.1 Project Location 3.2 Definition of the Project Site 3.3 Environmental Setting 3.4 History and Evolution of the Proposed Project 3.5 Project Description 3.6 Project Phasing 3.7 Project Objectives CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS 4.1 Land Use/Relevant Planning 4.2 Traffic and Circulation 4.3 Air Quality 4.4 Noise 4.5 Public Health and Safety 4.6 Drainage and Hydrology 4.7 Biological Resources 4.8 Cultural/Scientific Resources 4.9 Soils and Geology 4.10 Public Services and Facilities 4.10.1 Police Protection 4.10.2. Fire Protection 4.10.3. School Facilities 4.10.4. Parks and Recreation Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 7 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES . RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO 4.11 Utilities 4.11.1 Sewer Facilities and Service 4.11.2 Water Facilities and Service 4.11.3 Solid Waste Facilities 4.12 Aesthetics 4.13 Climate Change/Greenhouse Gas CHAPTER 5.0 - CUMULATIVE IMPACTS 5.1 Description of Cumulative Projects 5.2 Cumulative Impacts Analysis CHAPTER 6.0 - ALTERNATIVES TO THE PROPOSED PROJECT 6.1 Introduction 6.1.1 Purpose and Scope 6.1.2 Criteria of Alternatives 6.1.3 Identification of Alternatives 6.2 Analysis of Alternatives' 6.3 Summary of Alternatives 6.4 Identification of Environmentally Superior Alternative CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED CHAPTER 8.0 - GROWTH -INDUCING IMPACTS CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS CHAPTER 11.0 - GLOSSARY CHAPTER 12.0 - ORGANIZATIONS AND PERSONS CONSULTED CHAPTER 13.0 - BIBLIOGRAPHY 'A maximum of four alternatives. including 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 City staff. Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 8 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO TECHNICAL APPENDIX A. Notice of Preparation B. NOP Comment Letters C. Traffic Analysis D. Air Quality/Climate Change Analysis E. Noise Analysis A summary of the information and analyses to be included in each of the sections identified in the preceding table of contents is presented below. 1.0 Executive Summary A summary of the project location, description and objectives will be presented in this section as well as a summary of the potential impacts, mitigation measures, and unavoidable environmental consequences, presented in a matrix or table format. This section will also include a brief description of each alternative (including identification of the "environmentally superior" alternative), a list of potential areas of controversy, and issues to be resolved as required by the State CEQA Guidelines. 2.0 Introduction This introductory section will identify the purpose and scope of the Draft EIR, the contents of the document, the authority by which it has been required, the agencies having jurisdiction over the project, and the intended uses of the document (i.e., subsequent discretionary and/or permit approvals). 3.0 Project Description A complete description of the project, including its history and evolution, location, parameters, phasing (if available), and all actions necessary to implement the proposed project will be presented in this section. The description will include a narrative component and statistical tables as appropriate to adequately describe the nature, scope and intensity of the project. This section will also include a brief presentation of background information necessary to provide a context for the applications. 4.0 Environmental Analysis The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions on the subject property and in the environs and to identify the potential impacts or consequences that may result from implementation of the proposed project. This section will contain the environmental analysis for each issue that has been determined to be the subject of the Draft EIR. The extent of the analysis and documentation for each issue will be identified by Planning Division staff as well as in NOP comments and during the public scoping meeting (if determined necessary by Planning Division staff). 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 Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO determined necessary, additional issues would also be evaluated based on relevant comments received during the NOP/scoping process. Although the scope of work included in this proposal does not include the preparation of any of the technical studies (i.e., hydrology/hydraulics, noise, air quality, cultural/scientific resources, visual simulations, and biological resources), these studies, which will be provided to KKC, will be summarized and their findings and recommendations presented in the Draft EIR. In addition, it should be noted that the land use studies and other technical documentation prepared by/for the applicant and/or City of San Juan Capistrano will also be utilized to the extent they are applicable to the proposed project. In order to facilitate the analysis of each issue, a standard format will be employed to analyze each issue thoroughly. This format is presented below with a brief discussion of the information included within each topic. Existing Environmental Setting This introductory section describes the existing environmental conditions related to each issue analyzed in the Draft EIR. In accordance with the State CEQA Guidelines, both the local and regional settings are discussed as they exist prior to implementation of the proposed project. This documentation will serve as the baseline upon which the project -related impacts will be evaluated. Significance Criteria Specific criteria will be identified and presented in this section of the Draft EIR upon which the significance of the project -related potential impacts is determined. The significance criteria which are the basis of the environmental analysis contained in the Draft EIR will be derived from the significant effects presented in the State CEQA Guidelines, adopted local (i.e., City of San Juan Capistrano, County of Orange, 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., City of San Juan Capistrano, 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 by Planning Division staff, NOP comments and, if necessary, during the scoping meeting. 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 Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 10 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO 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 analysis will identify and describe potentially significant short-term (construction) and long-term (operational) impacts anticipated to occur as a result of project implementation Mitigation Measures Where a potential significant environmental effect has been identified based on the criteria identified in analysis and that impact cannot be avoided, mitigation measures will be identified and included in this section of the document which "... minimize significant adverse impacts .. . for each significant environmental effect identified in the EIR", as prescribed in the State CEQA Guidelines. Level of Significance after Mitigation Unavoidable significant adverse impacts are those effects that either cannot be mitigated or they remain significant even after mitigation is incorporated into the proposed project. These significant effects, if determined to a result of project implementation after mitigation, will be identified in this section of the Draft EIR. Prior to approval of the proposed project, the San Juan Capistrano City Council will be required to adopt a Statement of Overriding Considerations that identifies and describes the public benefit(s) associated with project implementation that offset the significant impacts. Additionally, the State CEQA Guidelines requires a discussion of "any inconsistencies between the proposed project and applicable general plans and regional plans." This discussion will occur within Section 4.1 (Land Use/Relevant Planning). 5.0 Cumulative Impacts This section of the Draft EIR will focus on other projects that are proposed or approved in the project environs that would create demands on servicing agencies and affect the ability of those agencies to continue to provide an adequate level of service, The City of San Juan Capistrano will identify any projects that have been proposed or are approved in the vicinity of the proposed project within its jurisdiction. In addition, KKC 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. Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 11 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO 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's Planning Division staff. Three potential land use alternatives will be identified by the City during the initial stages of the analysis. The Draft EIR will analyze a maximum of four alternatives, including the "no project" alternative as prescribed by the State CEQA Guidelines, which will be selected following the completion of the environmental impact analysis by KKC and approved by the City's Project Manager. 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 Glossary This section will include a listing of the relevant acronyms used in the Draft EIR in order to facilitate the reader's understanding of those terms. 12.0 Organizations and Persons Consulted A comprehensive listing of each individual and the organization with which the individual is associated will be included in this Chapter of the Draft EIR to document the source of the information utilized in the environmental analysis. Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 12 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO 13.0 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 provide a digital copy in MS -Word format of the document and submit them to the City's Planning Division for review and comment. Estimated Time Frame: 10 Weeks Estimated Budget: $20,700.00 Task Five — Preparation of the Draft EIR All comments on the information and analysis contained in the Screencheck EIR made by City staff during their review will be forwarded to KKC for incorporation into the Draft EIR. It is anticipated that the City's review will be completed within a two-week period. The City will review the document to ensure that the information contained within it is adequate and complete before the Draft EIR is printed and distributed. A total of ten (10) copies of the Draft EIR and technical appendix will be printed once it is approved by Planning Division staff. In addition, thirty-five digital copies will also be produced, which will be sent to each of the agencies, individuals, and organizations on the City's NOP/EIR Distribution List. 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 digital 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: $2,760.00 Task Six — Response to Public Comments At the end of the State -mandated 45 -day public review period, all comments received by the City from local, State and other responsible agencies and interested parties will be forwarded to the EIR consultant. Each comment will be addressed as it relates to the adequacy of the Draft EIR. An appendix to the Draft EIR will be prepared that includes a listing of each agency/individual commenting on the Draft EIR, the correspondence received from the commentator, and the responses prepared for each relevant comment. A total of fifteen (15) copies of the responses to public comments appendix (i.e., Draft Final EIR) will be submitted to the City of San Juan Capistrano. Estimated Time Frame: 2 Weeks Estimated Budget: $4,600.00 Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 13 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO Task Seven — Final EIR Once the Draft EIR is certified, the Final EIR will be prepared. That document will consist of the response to comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the Final EIR will include "redline/strikeout" revisions that reflect changes resulting from comments received during the public review and comment period. A total of two (2) printed copies of the Certified Final EIR will submitted to the Planning Division. Estimated Time Frame: 2 Weeks Estimated Budget: $1,380.00 Task Eight — Mitigation Monitoring Pro ram/Findin s/Statement of Overriding Considerations/Board of Supervisors Resolution The EIR consultant will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. This document will be presented to the City of San Juan Capistrano and will identify each mitigation measure to be carried out if the project is implemented, the entity that will be responsible for implementing the mitigation measure(s), and when each measure will be implemented. In addition, the Findings of Fact and Statement of Overriding Consideration, if determined necessary (i.e., unavoidable significant adverse impacts remain after mitigation), will also be prepared and submitted to the City for review and presentation to the San Juan Capistrano Planning Commission and City Council for certification prior to approval of the proposed project. Estimated Time Frame: 4 Weeks Estimated Budget: $4,600.00 Task Nine — Public Hearings KKC will attend up to four (4) public hearings, including two (2) public hearings before the San Juan Capistrano Planning Commission and two (2) public hearings before the 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 Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 14 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO III. PROJECT SCHEDULE The scope of services through Task Four (i.e., submittal of the Screencheck EIR) presented in this proposal can be accomplished in approximately 16 weeks from issuance of the Notice to Proceed. This schedule is presented below. Task Description Estimated Time e 1 Project Management As Required 2 Preparation of the NOP NOP Comment Period 4 Weeks 3 Sub -Consultant Studies 6 Weeks -- 4 Preparation of Screencheck EIR 10 Weeks ' 5 Preparation of Draft EIR 4 Weeks Notice of Completion/Draft EIR Public Comment Period 6 Weeks 6 Response to Comments 2 Weeks 7 Preparation of Final EIR 2 Weeks 8 Preparation of Findings/Mitigation Monitoring Program/ Statement of Overriding Considerations 4 Weeks2 9 Public Hearings As Required 'Preparation of Screencheck EIR dependent on completion/approval of technical studies prepared by applicant's consultant team. 2Would be prepared during the 45 -day public review and comment period, Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 15 EXHIBIT B PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO IV. ESTIMATED BUDGET The scope of services and work project described in Section II of this proposal will be undertaken and completed for an estimated fee of $122,720.00. This fee includes project management, preparation of the technical studies identified in Task Three, the environmental impact analysis (including the Draft and Final EIRs), printing and distribution of the Draft EIR, attendance at public hearings, and payment of filing fees (i.e., NOD filing and CDFG fees). Estimated Budget Rancho San Juan Apartment Project San Juan Capistrano Estimated Task Description Budget 1 Project Management $ 6,000.00 $ 1,380.00 2 Notice of Preparation Sub -Consultant Studies Traffic Impact Analysis $ 59,100.00 Air Quality Analysis 2,750.00 3 Noise Analysis 2,450.00 Visual Simulations 9,600.00 Sub Total - Sub -Consultant Studies $ 73,900.00 4 Preparation of Screencheck EIR $ 20,700.00 5 Preparation of Draft EIR $ 2,760.00 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/Board of $ 4,600.00 Supervisors EIR Certification Resolution 9 Public Hearings $ 2,400.00 Printing and Reproduction Printing/Reproduction $ 4,500.00 Certified Mail/Delivery/Supplies 500.00 Total Printingand Reproduction $ 5,000.00 Total Estimated Budget $122,720.00 'Estimate only. Estimated budget reflects 40 hours. Fee is subject to review and negotiation based on nature and extent of public comments received durin the public review period. Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 16 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO V. RESPONSIBILITY OF PROJECT APPLICANT The following information shall be provided to the consultant in order to complete the analysis described in this proposal. 1. All previous environmental documents prepared for the subject property and vicinity of the property. 2. All pertinent technical analyses previously prepared for the prior project (Vista Montana) and for the applicant and/or City of San Juan Capistrano necessary to prepare the Draft EIR, including, but not limited to: (1) preliminary geotechnical report; (2) hydrology and engineering (i.e., pre- and post -development drainage, sewer assessment, and water supply assessment); (3) Water Quality Management Plan (WQMP); (4) 'Phase I and (if necessary) Phase II Environmental Site Assessments; (5) Traffic Impact Analysis; (6) biological resources assessment; (7) cultural/scientific resources assessment; (8) noise assessment; (9) air quality assessment; and (10) visual simulations. 3. A large-scale topographic map (i.e., 1" = 100') of the subject property (in reproducible form). 4. Topographic in reproducible form. 5. Aerial photograph, if available. 6. A complete project description, including a statistical summary of the proposed project and plans reflecting the proposed development plan and related discretionary action necessary to implement the proposed project. 7. Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan, etc. 8. Phasing/Development Plan that provides statistical summary of the anticipated sequence of development. 9. Large-scale plans reflecting grading and site design. 10. Cross-sections illustrating "existing" and "post -development" conditions. 11. Project objectives. Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 17 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES RANCHO SAN JUAN APARTMENTS — CITY OF SAN JUAN CAPISTRANO VI. STATEMENT OF OFFERITERMS OF AGREEMENT Keeton Kreitzer Consulting and technical consultants identified in this proposal are prepared to begin work on the Rancho San Juan 100 -unit multiple -family residential development 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 $122,720.00. 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: August 6, 2012 Proposal for Environmental Consulting Services Rancho San Juan Apartments - City of San Juan Capistrano August 6, 2012 18 FMS68 - GLSUM - GLSUM: ACCOUNT SUMMARY inn Account Inquiries Next Screen Account Sum Encumb Detail Adj lnq yy��C��urrent Year Dg Monthrrype DU Status Control Dlglt FlQi cW San-JuAvLy°'F7MIigP.t @P- ()opsl{' RCtaut('. Account 2i-00000-4541.0- 00 TypeS EXPENDITURE As of 08115 12 Xccount Name DEVELOPER DEPOSIT REVENUE %Pis A ACTIVE Accounting Entries Current Balance 122,720.00 - MTD Debits 0+ Credits 122,720.00 - YTD Debits 0+ Credits 122,720.00 - http://sjc300v/fmstFINANCE/GLSUM.ASP Budget Entries Original Budget Carry Over Encumbrance Budget Adjustments Revised Budget Expended YTD Encumbered Available Balance 0+ 0+ 0+ 0+ 122,720.00- 0+ 122,720.00+ Fling Fire Back Next Last OK Page I of 1 8/15/2012 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org TRANSMITTAL TO: Keeton Kreitzer, Principal P.O. Box 3905 Tustin, CA 92781-3905 DATE: August 22, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Draft Environmental Impact Report (DEIR) Rancho San Juan Apartments Thank you for providing 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 the agreements. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Bill Ramsey, Assistant Development Services Director at (949) 443-6334. Enclosed is an original agreement for your records. Cc: Bill Ramsey, Assistant Development Services Director Nick Taylor, Associate Planner San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper Today's Date: V15/ l2 CONTRACT TRANSMITTAL COUNCIL MEETING DATE (if applicable): WA Transmittal Routing (Check All That Apply) City Attorney City Manager City Clerk Project Manager's Last Name: i�AmSP.�/NTOY' Phone Extension: MP3 (p3Z7 CIP No. (if any): NIA APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair V- City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded - only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement - unless the mailing address is included within the body of the agreement: OTHER INSTRUCTIONS: -ft(S a PSA k*r Draft 6.�1�12�"{a' (lanoh0 Stat Jugn/�pevtment: (pevelepv9 Pnjec+). 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