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13-1015_THE PLANNING CENTER/ DC&E_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this \C)-61y of October, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and The Planning Center/DC&E (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide a service for preparation of an Initial Study pursuant to the California Environmental Quality Act (CEQA) for Urban Village, Architectural Control (AC) 13-23; 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, 2014. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $79,624 as set forth in Exhibit "A," 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. 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 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 5. 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 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 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. 4 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 (1 0) 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 (1 0) 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 (1 0) 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: To Consultant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: William A. Ramsey, AICP, Assistant Director The Planning Center/DC&E 3 MacArthur Place, Suite 1 00 Santa Ana, CA 92707 Attn: Nicole Morse, Esq. Section 17. Attorneys' Fees. 5 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. Section 20. Counterparts and Facsimile signatures. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: CITY F SAN J~AN CAPISTRANO CONSULTANT By:~~ 7 9wo~na Meer~, AICP, P1 i11Ci1'8~ The Planning Center/DC&E Keith McCann, CEO -- EXHIBIT "A" September 27, 2013 William Ramsey, AICP Assistant Development Services Director City of San Juan Capistrano, Development Services Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposal to Prepare an Initial Study for Architectural Control (AQ 13-23, Urban Village (San Juan Hotel & Villas) in the Oty of San Juan Capistrano (P2013-0824S) Dear Mr. Ramsey: Thank you for the opportunity to propose our services to prepare an Initial Study (IS) for the Urban Village project in the heart of the Historic Town Center in San Juan Capistrano. We have a team of highly qualified staff with expertise in infill development and the City. Nicole Morse, Esq., Senior Associate, will be assigned as the project manager. She prepared the Historic Town Center Master Plan (HTCMP), General Plan Amendment, Rezone Environmental Impact Report (EIR) (SCH No. 2011011 036) and is very familiar with the area and the environmental issues facing the City and its residents. As requested by the City, we have proposed to prepare an IS that will tier from the HTCMP Program EIR. Based on our preliminary analysis, we see the challenge in adopting a Mitigated Negative Declaration (MND) may be the project's potentially significant air quality impacts resulting from earth movement during construction operations. If significant impacts are identified that can be mitigated to less than significant we will prepare an MND. However, if impacts are identified that cannot be mitigated then we will consider the preparation of an Addendum or Supplemental or Subsequent EIR to the HTCMP Program EIR. We will utilize as much of the environmental analysis from the Program EIR as possible (see CEQA Guidelines Section 151 52). Regulatory changes and the existing conditions will need to be updated, and the analysis will focus on site- specific impacts of the San Juan Hotel & Villas Project. Key staff and resources have been assigned to this project. Dwayne Mears will serve as project director and will ensure that The Planning Center I DC&E is responsive to the City throughout this process and that we provide a quality, legally defensible product. As project manager, Nicole Morse, Esq., will be the primary day-to-day contact for this assignment and will be responsible for directing the services to be provided and reviewing work products for legal defensibility. Nicole is a member of the State Bar of California and specializes in environmental and land use law. She has over 14 years of experience in environmental planning and has prepared over 100 environmental documents during her career. She has also served on the State Legislative Committee for Association of Environmental Professionals (AEP) for the past nine years. This proposal includes our scope of services, estimated costs, and preliminary schedule for preparation and processing the CEQA documentation for the San Juan Hotel & Villas Project. This project shall remain valid for a period of 90 days from the date of submittal. We remain open to adjusting our scope and approach to best match the needs of the City. We look forward to working with you again to bring about the successful completion of the San Juan Hotel & Villas IS/MND. Orange County · www.planningcenter.com September 27, 2013 Page 2 Understanding of the Project PROJECT BACKGROUND On April 2012, the City of San Juan Capistrano adopted the Historic Town Center Master Plan (HTCMP) and form- based code and certified the accompanying Program EIR. The HTCMP Program EIR covered a 150-acre area bounded by Acjachema Street to the north, the San Diego Freeway (1-5) to the east, Avenue La Paloma and existing retail to the south, and Paseo Adelanto to the west. It included three subareas, one of which is the Historic Town Center or Revitalization Area. The Revitalization Area consists of 44 acres and is the centerpiece of the City's HTCMP. This downtown area includes retail uses on both sides of Camino Capistrano, as well as retail, office, and associated parking that surrounds Historic Town Center Park. The HTCMP provides the physical vision for the Historic Town Center's future; policies, standards, and guidelines for public and private improvements; and an implementation strategy. The intent is to ensure that the historic character and function of the Town Center as the civic and commercial heart of the City are preserved, enhanced, and expanded over time. The HTCMP's main focus is on the central "Revitalization" area, where the majority of the land use changes are intended to take place. The HTCMP Program EIR analyzed the addition of 142,801 square feet (sf) of retail, 11 5,164 sf of commercial/office, 36,853 sf of civic, 71 residential units, and 214 hotel units within the Revitalization area. In addition, the EIR analyzed the removal of 79,781 sf of nonresidential uses from this area. PROJECT DESCRIPTION The 3.17-acre San Juan Hotel & Villas project is in the Historic Town Center. The site is bounded on the north by Forster Street and the City-owned Historic Town Center Park, and to the south by private commercial properties, including the Farmers and Merchants Bank, the Plaza de Prosperidad Office Building, and the Mercado Plaza. The property is bounded on the west by Camino Capistrano and the Judge Richard Egan House and to the east by private commercial property (O'Reilly Auto Parts store) and Orange County Fire Authority Station #7. The San Juan Hotel & Villas project consists of a Tentative Tract Map, Architectural Control, a Cirading Modification Plan, a Sign Program, a Tree Removal Permit, and Administrative Modifications to the Form Based Code to allow for the development of a hotel and 33 townhouse-style villas. The hotel is designed to reflect classic Spanish colonial architecture with ornately landscaped grounds, resort amenities, and multiple pedestrian pathways. The "branded" hotel consists of 136 guest rooms in 69,282 sf and connects to the spa, restaurant, and event space. The spa and retail comprise 2,664 square feet, with the opportunity for one to three retail bays fronting Forster Street with additional access from the hotel. The 6,301 sf restaurant includes 2,814 sf of ground floor retail, 721 sf of outdoor dining, and a 2,766 sf roof deck for dining and bar. The project site's residential portion includes 33 townhouse-style villas with complementary Mediterranean and Spanish colonial architecture and averaging ±2,1 00 sf of gross floor area per unit. The proposed villas include two design concepts-one with an auto courtyard providing access to side-loaded garages, and a more conventional concept with garage doors facing the private streets. The villas are designed with expansive indoor-outdoor spaces, using pocket doors and ±300 sf roof decks for additional private open space. The homes are inspired by the live, work, and play components described in the HTCMP, with office lofts for virtual workers allowing residents to maximize the benefits of a walkable town center. 2 September 27, 2013 Page 3 Parking will be provided through garages (villas), onsite surface parking, and a subterranean parking garage, which together will provide a total of 217 parking spaces. Guest parking for the Villas will be provided by both the onsite surface parking and subterranean parking. The downtown location also provides the opportunity for potential overflow parking during peak hotel capacity via the City's "park once" strategy established by the Historic Town Center Master Plan and codified in Title 9, Land Use Code. The downtown location provides the opportunity for reduced overall parking demand due to the close access to transit (OQ A bus service) and the Metrolink and Amtrak railroad service, which conveniently link the downtown to other cities in the region and state. The hotel will be developed in one phase, and the residential uses will be developed in three phases (11 units per phase). PROJECT OBJECTIVES The project objectives for the San Juan Hotel & Villas project closely parallel and support the objectives that were established for the HTCMP. These objectives, listed below, will be considered in the environmental process to determine consistency with the City's HTCMP and inform the alternatives analysis. • To create a design which will complement Mission San Juan Capistrano, by reflecting the historic character of the Mission and the City. • To provide needed services to residents and visitors to San Juan Capistrano, including hotel, spa, restaurant and retail. • To increase the City's revenue-generating tax base through transient occupancy tax (TOT) receipts, sales taxes and property taxes so as to support the provision of needed public services to the proposed project (i.e. water, sewer, drainage, fire, police, etc.) . • To promote business activity in downtown San Juan Capistrano with loft office and event space along with sales generated from hotel guests. • To construct and dedicate the public right-of-way for Forster Street which will connect Camino Capistrano and Del Obispo creating additional road capacity and commercial street frontage as well as pedestrian connections within the Historic Town Center. • To provide live, work and play uses which minimize parking demand and reduce total average daily trips (ADT). Scope of Work The Planning Center I DC&E proposes to prepare an Initial Study (IS) and Mitigated Negative Declaration (MND) as detailed in the scope of work. TASK 1: TECHNICAL STUDIES Visual and Aesthetic Impact Analysis The project would require an administrative modification of the form-based code with respect to the maximum building height of residential structures, the minimum rear yard setback for residential structures, and the minimum required hotel parking as follows; 3 September 27, 2013 Page 4 • Table 2A of the Form Based Code limits residential structures to a maximum height of two stories and 35 feet, whereas the project proposes residential structures with a third-story mezzanine but with a maximum height less than 35 feet. • Table 2A of the Form Based Code requires a minimum 1 0-foot rear yard setback, whereas the project proposes a variable rear yard setback with a minimum of 5 feet and average of 8 feet for residential structures adjoining the project's perimeter. • Table 2B of the Form Based Code requires a minimum of 1.0 parking space 'per hotel guest room, whereas the project proposes 0.8 guest space. An analysis of the proposed project's visual and aesthetic impacts on the surrounding environment will be prepared using digitized photographic view simulations. In order to create the photographic view simulations, the Planning Center I DC&E will prepare a three-dimensional (3D) model simulation of the proposed project and adjacent properties. The 3D simulations will take into consideration several factors, including local geography, topography, height and bulk of the project's structural elements, and sensitivity of adjacent land uses. This simulation will include architectural detailing and landscaping if it is provided by the client; in the alternative, this simulation would include a general mass modeling of the proposed project and adjacent building structures. Analysis wifl include review of the project description, site constraints, and identification of sensitive views to and from the project. Upon consultation with the City, The Planning Center I DC&E will select viewpoints from the most sensitive viewsheds to reflect the experience of potential viewers. The Planning Center I DC&E will conduct a site visit in order to describe the environmental setting and take photographs from the selected viewpoints. The photographs will be digitally simulated with the 3D model to create rendered photographs as the basis of the visual and aesthetic impact analysis. The Planning Center I DC&E will prepare five computer-generated photographic renderings to illustrate the potential visual and aesthetic impacts of the proposed project within the existing site context. Analysis will include the original photograph for comparison of before and after conditions of the proposed project. Deliverable(s): -5 photographic renderings, as described above -Client to provide the Planning Center I DC&E with base data, including CAD files of proposed project and adjacent properties, 3D digital file of proposed project, and specifications of existing and proposed conditions on proposed project site. Air Quality and Greenhouse Gas Emissions The Planning Center I DC&E will prepare an air quality and greenhouse (GHG) emissions technical analysis to evaluate the potential air quality impacts associated with the San Juan Hotel & Villas project. Modeling of criteria air pollutants and assessment of air quality and GHG emissions impacts will be based on the current methodology of the South Coast Air Quality Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB). Modeling of criteria air pollutant emissions and GHG emissions will be conducted using the California Emissions Estimator Model (CaiEEMod). The Planning Center I DC&E recently beta tested CaiEEMod 2013. The analysis will be integrated into the initial study, and modeling included as a technical appendix. Air Quality Existing Environmental Setting: To establish the existing air quality conditions in the project area. the initial study will discuss the regional meteorology with emphasis on local wind patterns that affect air pollutant transport and dispersion. Existing air quality conditions will be described based on the most current five years of air quality data in the SoCAB from a monitoring station operated by SCAQMD. 4 September 27, 2013 Page 5 Construction Emissions: The air quality technical analysis will provide an estimate of the increase in short-term criteria air pollutant emissions generated from construction activities associated with the San Juan Hotel & Villas. Construction emissions will be modeled using CaiEEMod based on the phasing developed for the project, construction durations, preliminary list of construction equipment, demolition volumes for each construction phase, and an estimate of soil export required for each phase associated with the subterranean parking garages. Based on the information in the RFP, development of the hotel will be completed in one phase, and development of the residential villas will be completed in three phases, each with its own construction schedule. Where information is unavailable, we will use CaiEEMod defaults, as appropriate, and work with the City and the applicant to develop the construction assumptions. Localized air pollution impacts from construction equipment exhaust and fugitive dust will be compared to SCAQMD's screening-level localized significance thresholds (LST) for their potential to elevate concentrations of air pollutants at the adjacent land uses surrounding. Mitigation measures to reduce potential impacts will be identified, as necessary. Existing Criteria Air Pollutant Emissions Inventory: The existing land uses within the project site generate criteria air pollutant emissions from transportation sources, energy (natural gas), and area sources (landscape emissions, consumer products). The existing criteria air pollutant emissions inventory will be developed for the project based on the existing land uses onsite and modeled using CaiEEMod. Trip generation provided by the traffic consultant for existing land uses will be incorporated into the model. San Juan Hotel & Villas Criteria Air Pollutant Emissions Inventory: The air quality technical analysis will provide an estimate of the increase in long-term criteria air pollutant emissions from operation of the San Juan Hotel & Villas using CaiEEMod. The criteria air pollutant emissions analysis will be based on the average daily trip generation provided by IBI Group. Total criteria air pollutant emissions generated at buildout of the San Juan Hotel and Villas will be compared to the SCAQMD's regional significance thresholds. Mitigation measures to reduce potential impacts will be identified, as necessary. AQMP Consistency: The SoCAB is designated nonattainment under the California and National ambient air quality standards (AAQS) for ozone, particulate matter (PM10 and PM2 5), nitrogen dioxide, and lead (Los Angeles County only). Consistency of the project's regional emissions will also be evaluated against the SCAQMD Air Quality Management Plan. Localized Impacts and Odors: The SoCAB has been designated attainment for carbon monoxide (CO) under both the California and National AAQS. Therefore, a qualitative assessment of CO hotspots will be discussed. A qualitative assessment of potential odor generation will also be included. Air Quality Compatibility: New land uses within the San Juan Hotel and Villas are not industrial in nature, and the proposed project would not create substantial sources of air toxics. However, Interstate 5 is approximately 550 feet from the residential villas. SCAQMD has given special attention to the siting of new sensitive receptors for exposure to elevated concentrations of toxic air contaminants. A health risk assessment (HRA) for major sources within 1,000 feet of the villas will be conducted. Based upon data obtained through the SCAQMD's online database, we assume that approximately five stationary sources will be evaluated. There also may be non permitted emission sources in the vicinity of the project site that would require characterization. Those facilities include, but are not limited to, automotive repair businesses and restaurants with charbroilers. Additionally, the Metrolink rail line operates approximately 440 feet west of the villas. The Metrolink trains utilize diesel locomotives, and freight traffic may use the rail line. Therefore, toxic air contaminant emissions from the rail line traffic will be evaluated. Dispersion modeling will be conducted using AERMOD. In addition, the initial study will identify mitigation measures to reduce potential impacts to sensitive receptors. 5 September 27, 2013 Page 6 Greenhouse Gas Emissions Existing Environmental Setting: The environmental setting will address the effects of climate change in California and the City of San Juan Capistrano and will describe the history of California's GHG emissions regulations. To establish the baseline environmental setting for GHGs, the initial study will discuss existing GHG regulations in California Passage of Assembly Bill 32 (AB 32), the Global Warming Solutions Act. The initial study will include a discussion the GHG reduction targets of AB 32 as identified in the California Air Resources Board's (CARB) Scoping Plan and regional per capita transportation targets for the Southern California Association of Governments (SCAG) for passenger vehicles under Senate Bill 375 (SB 375). Existing GHG Emissions Inventory: The existing land uses within the project site generate GHG emissions from transportation sources, energy (natural gas and indirect emissions from purchased electricity), area sources (landscape emissions, consumer products), indirect emissions from water use and wastewater generation, and indirect emissions from waste disposal. The existing GHG emissions inventory will be developed for San Juan Hotel & Villas based on the existing land uses onsite and modeled using the California Emissions Estimator Model (CaiEEMod). Trip generation and/or vehicle miles traveled provided by IBI Group for existing land uses will be incorporated into the model. San Juan Hotel & Villas GHG Emissions Inventory: Long-term GHG emissions impacts generated by the San Juan Hotel and Villas will be quantified using CaiEEMod. GHG emissions generated by the project include transportation sources, area sources (landscaping fuel, architectural coatings, and consumer products), energy sources (natural gas consumption, energy use), water and wastewater use, and waste generation associated with the project. in addition, total GHG emissions from construction activities will be amortized into the GHG emissions inventory. The GHG analysis will incorporate reductions in trips provided by IBI Group. GHG emissions will be compared to SCAQMD's proposed significance thresholds. Mitigation measures will be incorporated, as necessary, to reduce potentially significant GHG impacts of the project. Project Consistency with Plans Adopted to Reduce GHG Emissions: The CEQA Guidelines require an assessment of whether the project would conflict with plans adopted for the purpose of reduce GHG emissions. Applicable plans include the California Air Resources Board's 2008 Scoping Plan and the SCAG's 2012 Reg1onal Transportation Plan/Sustainable Communities Strategy (RTP/SCS). Project consistency with these statewide/regional GHG emissions reduction strategies will be reviewed. The Orange County Transportation Authority (OGA) has adopted their own SCS (Orange County SCS), which was integrated into SCAG's 2012 RTP/SCS. Therefore, the project will also be assessed for consistency with the individual policies within the GCCOG's SCS. Deliverable(s): -Air Quality and GHG Analysis text provided in Task 2, below -Air Quality and GHG Modeling Data for the Technical Appendices. Tree Survey (Ardea Consulting) Trees located within the project area will be surveyed by Joseph P. Sullivan, Ph.D., of Ardea Consulting. The primary objective of the tree survey is to provide a list of all trees on the project area with a brief description of their condition and to determine which trees require a Tree Removal Permit. Each tree on the project area will be identified to genus, species, and common name. Some ornamental trees might be of a variety that does not have a complete taxonomic designation (i.e., no genus species designation). All trees will be numbered and the locations determined with a GPS capable of submeter accuracy, and the trees marked on a current geo-rectified aerial image of the site. The current condition of each tree will be documented with a digital photograph. The diameter of all trees will be measured. Any trees with a diameter of six inches or greater will be noted and shown on a site map. 6 September 27, 2013 Page 7 Deliverable(s): -Tree Survey Report for the Technical Appendices Cultural Resources (Cogstone) The project site is adjacent to the Judge Richard Egan House, Mercado Village, and Historic Town Center Park, an open space area intended to preserve a variety of subgrade archaeological resources. Cog stone performed the cultural studies for the HTCMP and we use the site records and research materials from that project as background materials. Cog stone will verify that no construction has occurred in the project area since the HTCMP studies were performed in 2011 in order to use the HTCMP record searches without updates (the purpose of updates is to capture any new site records since the previous study). Cog stone will review the data from HTCMP for the project area and obtain geotechnical boring data from the applicant's geologist for relevance to paleontology given the planned underground garage. Cogstone will overlay known information on historical and archaeological resources in GIS to analyze the potential impacts. The draft cultural technical memorandum will call out appropriate mitigation per City Council Policy 601. After receiving City comments, the memorandum will be revised to final. Deliverable(s): -Cultural Resources Technical Memorandum for the Technical Appendices. Noise and Vibration The Planning Center I DC&E will prepare a noise and vibration analysis for construction and operational activities associated with the San Juan Hotel & Villas Project. The noise analysis will be consistent with the noise standards and criteria of the State of California Building Code and the City of San Juan Capistrano General Plan and Municipal Code. We will incorporate applicable and analysis and mitigation measures from the HTCMP Program EIR into the initial study. To document the existing ambient noise conditions in the vicinity of the project site, ambient noise level measurements will be taken in the vicinity of the project site at up to five locations for a period of 15 minutes. To quantify the existing and future traffic noise, modeling will be conducted using the Federal Highway Administration's (FHWA) Highway Traffic Noise Model. The noise analysis will also describe changes in the noise environment generated by conversion of existing land uses. Changes in ambient traffic noise levels at buildout of the project and from cumulative growth in the study area will be analyzed to determine if the project-related traffic significantly increases the noise environment. The noise analysis will assess noise compatibility of the proposed residential and hotel uses based on the City's noise compatibility guidelines and 65 dBA CNEL exterior and 45 dBA CNEL interior noise standards in the City's General Plan. In addition to long-range traffic and rail noise to the project site, the noise analysis will identify potential noise impacts from activities at the HTC Park such as concerts, festivals, and the weekly farmers market. The noise analysis will provide an estimate of short-term noise and vibration levels at nearby uses associated with construction activities. The level of significance will be based on the magnitude of noise and vibration generated at adjacent noise-sensitive receptors and the length of construction activities. Mitigation measures that reduce temporary and long-term noise and vibration impacts will be identified, as necessary. The Planning Center I DC&E will summarize the analysis in the noise section of the DEIR with background data and calculations in an appendix. Deliverable(s): -Noise Analysis text provided in Task 2, below -Noise Modeling Data for the Technical Appendices. 7 September 27, 2013 Page 8 TASK 2: PREPARE SCREENCHECK INITIAl STUDY (IS) The Planning Center I DC&E will coordinate with City staff to prepare the project description and obtain all available technical studies and up-to-date plans. It is assumed for this analysis that the project applicant will prepare and submit a number of technical studies that will be available to The Planning Center I DC&E for review and incorporation into the IS: • Traffic Impact Analysis and Parking Study • Preliminary Hydrology Study-Camino Capistrano Hotel & Subdivision • Preliminary Water Network Analysis-Comino Capistrano Hotel & Subdivision • Preliminary Water Quality Management Plan (WQMP)-Camino Capistrano Hotel & Subdivision • Urban Village (San Juan Hotel & Villas)-Phase I Environmental Site Assessment (February 18, 2013) • Soils-Geotechnical Analysis Report In accordance with Section 15063 of the CEQA Guidelines, the IS will contain: 1) a description and location of the project, 2) identification of the environmental setting, 3) identification of environmental effects, 4) discussion of mitigation measures, if required, 5) examination of consistency with existing zoning, plans, or other applicable land use controls, and 6) list of preparers. If after including all existing plans, policies, and programs, and mitigation measures, environmental impacts are less than significant. then a MND will be prepared for the project consistent with CEQA Guidelines Section 15071. The IS will be clearly written and will avoid the use of technical jargon so that the document is easily understood. If technical terms need to be introduced for accuracy, they will be clearly defined. The analysis of issues will be thorough, yet concise. Thresholds of significance will be identified for each impact category based on the City's IS checklist and City standards. The environmental analysis will identify the primary and secondary effects of the project on the existing environment. Since the project site is currently developed and the IS will be tiered from the HTCMP Program EIR, it is expected that many of the environmental topics in the IS checklist will have been covered by the previous analysis. It is expected that site-specific issues that will require particular focus will include aesthetics, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hydrology/water quality, noise, and traffic impacts. We will address all of the following environmental impact categories consistent with the Environmental Checklist Form in CEQA: • Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology/Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology/Water Quality • Land Use/Planning • Mineral Resources • Noise • Population/Housing 8 September 27, 2013 Page 9 • Public Services • Recreation • Transportation/Traffic • Utilities/Service Systems • Mandatory Findings of Significance: Pursuant to CEQA Section 21083.9, a scoping meeting is not required for this project, but could be provided at the request of the client or lead agency subject to a contract amendment. Deliverable(s): -Screencheck IS (one CD-R disk in MS Word format and one hard copy) TASK 3: PUBLIC DRAFT IS/MND The Planning Center I DC&E will incorporate City comments on the Screen check Draft IS. This task includes one round of review of the IS. The Planning Center I DC&E will meet with City staff to discuss and resolve any major areas of concern or to clarify areas of misunderstanding, etc. If the IS determines that all project impacts can be mitigated to a less than significant level, then we will prepare an MND. Deliverable(s): -Draft IS/MND (single-side reproducible Draft IS/MND, 1 CD-R disk in MS Word, 4 double-sided hard copies, 20 CD-R disks in PDF). NOTE: The PDF files will be indexed and all individual PDF chapters will be smaller than 5 MB and appropriately named according to the City's criteria. -Draft IS/MND (15 hard copies for State Clearinghouse) -Distribution of the Draft MND via certified and overnight mail, as required -Notice of Intent to Adopt a MND TASK 4: RESPONSE TO COMMENTS/FINAl MND Although formal written responses are not required for a MND, the Response to Comments/Final MND will be prepared using the criteria established in CEQA Guidelines Section 15089. The Response to Comments must reflect the lead agency's independent judgment and analysis and is presented to the City Council for consideration and approval. Following receipt of all comments on the Draft MND, written responses will be prepared for each comment. A Response to Comments section will be created for the Final MND and will contain an introduction describing the public review process for the Draft MND, copies of all comment letters, and written responses to all comments. Responses will focus on comments that address the adequacy of the Draft MND. Comments that do not address MND adequacy will be noted as such and no further response will be provided unless deemed necessary by the City. Responses will be prepared by The Planning Center I DC&E with input from our technical specialists, as needed. The Final MND will also include any revisions, updates, or corrections needed to respond to comments or address minor errors in the Draft MND. The estimated budget assumes that no additional basic research will be required to respond to comments, that the comments will be directed at the substance and technical adequacy of the MND, and that the comments will be compiled by the City and transmitted in writing to the consultant. Modification to the scope of work, budget, and time frame may be necessary if comments received from agencies or the general public require substantially increasing the scope of impacts and issues addressed in the MND. The Planning Center I DC&E will revise the Responses to Comments based on revisions provided by the client and the city. 9 September 27, 2013 Page 10 Following project approval, the Planning Center I DC&E will prepare a Notice of Determination (NOD) to be filed with the Orange County Clerk by the project applicant. California Department of Fish and Wildlife Fees and County administrative filing fees will be paid by the project applicant and are not included in this cost proposal. Deliverable(s): -Screencheck Response to Comments/Final MND (digital copy in MS Word) -Final MND (single-sided reproducible hardcopy, 1 CD-R disk in MS Word, 4 double-sided hard copies, 20 CD-R copies in PDF) -Distribution of the Final Response to Comments to commenters via California Overnight or Certified Mail -Notice of Determination TASK 5: MITIGATION MONITORING AND REPORTING PROGRAM A Mitigation Monitoring and Reporting Program (MMRP) will be prepared pursuant to Section 21081.6 of the Public Resources Code. The MMRP will include any mitigation measures in the EIR. The MMRP will list the significant impacts that would result from the project; proposed mitigation measures for each impact; the times at which the measures will need to be implemented; the entity responsible for implementation; the City departments or other agencies responsible for monitoring the mitigation effort and ensuring its success; and compliance verification criteria. Deliverable(s): -Mitigation Monitoring Reporting Program (digital copy in MS Word) TASK 6: MEETINGS AND PUBLIC HEARINGS Our scope of work and cost estimate assume a total of five meetings (9 hours). Meetings will consist of participation/attendance by The Planning Center I DC&E's project manager at one kick-off meeting with City staff (1 hour); two project status/update meetings with City staff (1 hour each); one Planning Commission Hearing (3 hours); and one City Council Hearing (3 hours). Additional conference call participation or hearing attendance by other The Planning Center I DC&E staff upon the City's request will be billed on a time-and-materials basis in accordance with the hourly rates for the personnel involved. Deliverable(s): -One kick-off meeting -Up to two status updates -Two public hearings (Planning Commission and City Council) TASK 7: PROJECT MANAGEMENT The Planning Center I DC&E's project manager will coordinate closely with the client to ensure that the EIR and associated documents are legally defensible, accurate, and useful to decision makers considering the approval of the project. The project management task is based on the estimated schedule for the proposed project provided below in Table 2. If the schedule of the project is extended for reasons beyond The Planning Center I DC&E's control, a contract amendment may be required for additional fees for project management and coordination efforts. Deliverable(s): -Ongoing project management for the duration of the project schedule 10 September 27, 2013 Page 11 Proposed Schedule The Planning Center I DC&E will prepare the initial study in accordance with the schedule shown in Table 1. T bl 1 P a e ropose d S h d I c e ue TASK DUE DATE Contract Execution October 2013 Screencheck Initial Study (1 0 weeks) 12/6/13* City Review of Initial Study (4 weeks) 1/6/14 Publish Notice of Intent to adopt a Mitigated Negative 1/1 5/14-2/13/14 Declaration/Initial Study for 30-day Review Prepare Response to Comments (1 week) 2/24/14 City Review of Response to Comments (1 week) 3/3/14 Prepare Final Response to Comments 3/6/14 Planning Commission Hearing 2/12/14 Planning Commission Action 2/26/14 City Council Hearing and Action 3/19/14 *This schedule may be shortened if requested by the City. Receipt of the project description and traffic study are critical path to completed the screencheck initial study. It is expected that the project description, including construction equipment and a detailed construction schedule will be obtained in early October and the traffic study will be received by mid-November. 11 September 27, 2013 Page 12 Cost Estimate Table 2 provides our cost estimate for IS by project task and estimated reimbursable expenses. A detailed breakdown by hours is provided as Attachment A. As shown in these tables, the Planning Center I DC&E will complete the IS for a fee not to exceed fee of $79,624. These costs are based on our billing rates, shown in Table 3. Table 2. Cost Estimate TASK COST 1 Technical Studies . Visual and Aesthetic Impact Analysis 4,050 Air Quality and GHG Emissions 12,925 Tree Survey (Ardea Consulting) 2,970 Cultural Resources (Cogstone) 10,102 Noise and Vibration 7,090 2 Prepare Screencheck Draft IS 19,490 3. Public Draft IS/MND 5,920 4. Final Response to Comments 6,460 5. Mitigation Monitoring Reporting Program 540 6. Meetings with City Staff 2,075 7. Project Management 3,500 Subtotal $75,122 TPC I DC&E Reimburseables (includes 2% of Labor of Office Expenses) 4,502 Subtotal $4,502 GRAND TOTAL $79,624 12 September 27, 2013 Page 13 Table3. The Planning CenterjDC&E-2013 Standard Fee Schedule STAFF LEVEL Principal Associate Principal Senior Associate/Senior Scientist Associate/Scientist Project Planner/Project Scientist Planner/Assistant Scientist Graphics Specialist Clericai/\Nord Processing Intern Other direct costs and subconsultants are billed at cost plus 10%. Mileage reimbursement rate is the standard IRS-approved rate. Acknowledgment HOURLY BILL RATE $180-$250 $155-$190 $130-$185 $90--$150 $80-$120 $60-$100 $65-$90 $40--$105 $60--$85 This proposal shall remain valid for a period of 90 days from the time of submittal. The attached Service Authorization, which includes our General Terms of Consulting Agreement, is a part of this proposal. If the contents of this Proposal and Agreement are satisfactory, please indicate your approval by signing the Service Authorization and sending it to our Corporate office. As Principal, I am authorized to bind The Planning Center I DC&E and the project team to the contents of this proposal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to call me at 714.966.9220 or e-mail me at dmears@planningcenter.com. Respectfully submitted, THE PLANNING CENTER! DC&E ~"~ Principal Attachment A. Cost Proposal Attachment B. Project Manager Resume Attachment C. Key Staff 13 CO S T PR O P O S A L ~ ~ - - - - - ~ - - - - - - - - - - - - - - - - - - r - - - - - - IFR O E L I C ~ - - - - - ~ ~-'--+- BR Y L S K J M E A R S + MO R S E VER M I L I O N MAN T E Y FIT Z G E R A L D VA N G ClE N D E J r i N G PO T T E R - - - - ~ ~ - - - - - - - · · · · - - - - - - - - - - - ~ - - - - - - - r - - - - ... . . . , ... """ " " " " ' EIR P I ' C J e C l 1 Ait Q U i h l y / G H G He a l l h R i s t '" " ' " ' " " " I I ,I I Sul>cons. """ " " EIR P r l l ' l l ; ! p . ! I Man a g u r A1 t Q u a l i l y / G H G ... . He i l l l h A i s k an d P i a m e r An e s s m e n l Pr o ) f l t l p t ; a i V l l f Gri p h l c s Stsm u r Ed i t o r WP I C U : I U C A L TP C j l l C & E TPCJDC&E I I c ...... L.MtorTotal _ .. . "1 11 4 0 $2 5 0 11 7 5 $1 5 5 $ 1 6 5 $1 6 5 $95 $1 7 0 19 0 $9 0 19 0 $7 5 Ho u r s la b o r Total Tree SUrvey ......... , '", I TOTAL LABOR fr e c h n i c a l Stu d i e s 0: $0 $0 $0 Visu a l a n d A e s t h e t ~ t m p a c t A n a l y s i s _ _ _ =-- - - - - - = · ·· - - - - r - - - - 45 45 ' $4,050 $0 $4,050 Air Qua l i t y an d Gre e n h o u s e Gas Emo s s ~ n s ___ _ _ _ _ _ _ 1 1 _ 1 , . . $12,925 $0 $12,925 _ 'T r e e S U N e y ( A r d e a C o n s u t t i n g ) _ - - - - - - - - - - - -~ - t - - - --~- _ ~-- - - - ! - - - - - - - - $0 -~[----$2,970 .. $2,970 _ ___ _ J : _ u _ t t u r a i R e s o u r c e s ( C o g s t o n e ) _ _ _ _ _ _ -- - - - - - ~ - - - - - - - - - _ _ _ _ _ _ _ _ -- - f - - - - - - - - - - - - - :- __ _ _ _ _ 0_ ---~,.----9,184 $10~!--------$10,102_ No i s e an d Vib r a t i o n _ _ _ _ _ --~ - - -1 - - - - - _4_ _ __ -- r - - - - - - 66 $7,090 $0 $7,090 2" r e p a r e In i t i a l Stu d y OS) 0, $0 $0 $0 Pro j e c t Desc r ~ t i o r v £ x • l i n g Co n d i t i o n s -- - - - - - - ~ ~ r - - - - - - - _ _ f- - - - - - - 1 0 1 $1,070 $0 $1,070 32 96 13 8 $16,010 $0 $16,080 En v 1 r o n m e n t a l l m p a c l Ana l y s i s - - - - - - -; - - - - - - - f - - - 16 12 28- $2,340 $0 $2,340 Sc r e e n c h e c k MN D -QA / Q C !!:= ~ = n l s / F i n a i M N D _ _ _ _ -- - - - - - - -~ + -: - ~ - - -+ - · - - ~tt i g a t i o n Mo n • o r i n g Re p o r t i n g Pro g r a . n _ _ _ _ _ 6.M e e t i n g s a n d P u b l i c H e a r i n g s _ _ _ _ _ _ _ 7-, P r o j e c l Ma n a g e m e n l -- + - - ~ - - - -- : 4 ~ - -~ - - - - ~ 20 En v i r o n m e n t a l Do c u m e n t a t i o n Su b t o t a l 99 14 12 la b o r To t a l 99i 14 ; 12 Su b c o n s u l l a n l s Re i m i H J r s a b l e Ex p e n s e s TP C J D C & E Re i n ! b u r s a b l e Ex p e n s e s 2'1 1 . of la b o r fo r Offo c e Ex p e n s e s RE I M B U R S A B L E EX P E N S E S TO T A L -+ . ~ __ B ,- - - - _ 52 $5,920 $0 $5,920 4 '4 --- s D T $6,460 $0 $6,460 6 ~ - - + - -- - - " ! - - - - -+ - ~ · - - -- - - - + - - - - ~ - - - - - - - - + - - - - - + - - 22 12 5 0- 15 0 49 28 22 12 5 Q; 15 0 49 1 28 6. $540 $540 - - - -~ 11 ' - -$2,075 $0 $2,075 2U - $3,500 $0 $3,500 24 53 1 $62,0501 sz,7ool S9.JB41 m.o121 m,122 241 53 7 ; 620501 2700 91841 13072.41 $75,1221 $0 $3,000 $1,502.00 $4,502 CI ~ A N D lU I A\ \ I'J b2,1 TH E Pl A N N I N G CE N T E R J O C & E 14 P811t1ol1 September 27, 2013 Page 18 the Interior's Standards and Guidelines for Archaeology and Historic Preservation. She has expertise in research, survey, assessment of impacts/effects, significance criteria and determinations, management plans, mitigation implementation, and bone identification and analysis. ARDEA CONSULTING Joseph P. Sullivan, PhD I Environmental Consultant Role: Tree Survey Dr. Sullivan has more than 20 years of postgraduate-school experience conducting wildlife, biology, and toxicology studies; field monitoring; and performing ecological risk assessments. He also has extensive experience with wetland delineations and Geographic Information Systems (GIS) mapping and spatial analysis. Dr. Sullivan established Ardea Consulting in 1997 in Morrisville, PA, and moved to Woodland, CA, in 2001. Since its founding, clients served have ranged from the federal government (US Army, US Environmental Protection Agency, US Fish and Wildlife Service), large and small businesses, private landowners, and subcontracting on military base projects. His network of professional associates enables him to provide colleagues' distinct knowledge about various special status species and other areas of expertise. 18 (JJC(). -:~0 10/15/2013 08 City of San Jua Capistrano Age rt TO: Karen P. Brust, City M/n FROM: Nelson Miller, Interim Development Services Director~.~Jn ~ ~ Prepared by: William Ramsey, AICP, Asst. Develop~~t1 Se~~~s DirecL. ,~ '(:) DATE: October 15, 2013 SUBJECT: Consideration of a Personal Services Agreement with The Planning Center for the Preparation of an Initial Study (IS) Pursuant to the California Environmental Quality Act (CEQA) for Architectural Control (AC) 13-23, Urban Village (San Juan Hotel & Vilf;:~c:\ RECOMMENDATIO By motion; approve Preparation of an lni1 (CEQA) for ArchitectL a cost not to exceed $ EXECUTIVE SUMMAF ·{\.·.· -~ rf\\-o/ ~ J •• ,\\ \"-·; e Planning Center for the Environmental Quality Act an Juan Hotel & Villas) at ·~ applicant. Pursuant to the City's f and received proposals from five planning and preparation of an Initial Study (IS) for the propo as). Staff recommends that the City Council ap1 th The Planning Center for the completion Of th ·-.1. vvurK performed Under thiS agreement will be solely funded by trrt: proJect applicant, San Juan Hotel & Villas. DISCUSSION/ANALYSIS: The San Juan Hotel & Villas mixed-use project would be situated in the "heart" of San Juan Capistrano's Historic Town Center with programming to include a hotel and spa, restaurant, commercial tenant space, and branded townhouse-style villas. The project's multiple pedestrian pathways are designed to connect the downtown, the Historic Town Center Park, the Egan House, Mercado Village and retail uses along Del Obispo. The "branded" hotel consists of 136 guest rooms in 69,282 square feet, a spa, restaurant and event space. The spa and retail comprise 2,664 square feet fronting Forster Street with convenient hotel access. The 6,301 square foot restaurant includes 2,814 square feet of ground floor retail, 721 square feet of outdoor dining and a 2,766 square foot roof deck for dining and a bar. City Council Agenda Report October 15, 2013 Page 2 of 3 The residential portion of the project includes 33 townhouse-style villas with complementing Mediterranean and Spanish colonial architecture averaging ±2, 100 square foot per unit. The proposed villas include two design concepts, a concept with an auto courtyard providing access to side-loaded garages, and a more conventional concept with garage doors facing the private streets. The villas are designed with expansive indoor-outdoor spaces, using pocket doors and ±300 square foot roof decks for additional private open space. The homes are intended to embody the live, work and play components envisioned by the Historic Town Center Master Plan, with office lofts for virtual workers allowing residents to maximize the benefits of a walkable town center. Parking will be provided through garages (villas), on-site surface parking and a subterranean parking garage which together will provide a total of 217 parking spaces. Guest parking for the Villas will be provided by both the on-site surface parking and subterranean parking. The downtown location also provides the opportunity for potential overflow parking during peak hotel capacity via the City's "park once" strategy established by the Historic Town Center Master Plan and codified in the Title 9, Land Use Code. The downtown location provides the opportunity for reduced overall parking demand due to the close access to transit (Orange County Transportation Authority bus service) and the Metrolink and Amtrak railroad service which conveniently links the downtown to other cities in the region and State. The City's Request for Proposals (RFP) included scope of work requirements which provided the general framework for the consulting firm's proposals (Attachment 2). In response to the RFP, the City received proposals from five firms including Environmental Advisors, Environmental Intelligence, LSA Associates, Templeton Planning Group, and The Planning Center. Staff evaluated the submitted proposals and conducted telephone interviews with those four of the five firm's project managers who responded to staff's request for contact information to arrange the phone interview. One firm did not respond to staff's request to provide a contact name and phone number. The review focused on the qualifications, experience, and capability of each of the consulting firms consistent with the requirements of State law and the City's purchasing policies. As a result of the proposal review and interview process, staff determined that The Planning Center was the most qualified firm to conduct this work based on the experience, knowledge and skill of the firm's project manager reflected in responses to the interview questions. The project managers with the two lowest bidding firms did not demonstrate a comparable level of experience, knowledge, and skill. The following cost information provides an understanding of the range of the consulting firm's anticipated effort in conducting the CEQA review of this project: Consulting Firm Amount Environmental Advisors $68,439 Environmental Intelligence $62,480 LSA Associates $96,585 Templeton Planning Group $93,499 The Planning Center $79,624 City Council Agenda Report October 15, 2013 Page 3 of 3 The applicant has been provided with copies of the proposals received by the City and has concurred with staff's recommended selection of The Planning Center. FISCAL IMPACT: All work performed under this Personal Services Agreement will be solely funded by the project applicant. Should the City Council approve the agreement, the applicant will be required to deposit the entire contract amount with the City prior to the City issuing the consultant a Notice to Proceed to begin work. ENVIRONMENTAL IMPACT: Not applicable. The action by City Council is exempt from review under California Environmental Quality Act (CEQA). PRIOR CITY COUNCIL REVIEW: None. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Environmental Advisors Environmental Intelligence LSA Associates Templeton Planning Group The Planning Center Joshua Host, Urban Village (San Juan Hotel & Villas) ATIACHMENTS: Attachment 1 -Personal Services Agreement with The Planning Center Attachment 2 -Request for Proposals (RFP) for Preparation of an Initial Study for the Proposed Urban Village (San Juan Hotel & Villas) project PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this __ day of October, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and The Planning Center (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide a service for preparation of an Initial Study pursuant to the California Environmental Quality Act (CEQA) for Urban Village, Architectural Control (AC) 13-23; 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, 2014. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $79,624 as set forth in Exhibit "A," 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. ATTACHMENT 1 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 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 5. 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 3 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 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 4 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 (1 0) 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 (1 0) 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 (1 0) 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: To Consultant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: William A. Ramsey, AICP, Assistant Director The Planning Center/DC&E 3 MacArthur Place, Suite 1 00 Santa Ana, CA 92707 Attn: Nicole Morse, Esq. 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. Section 20. Counterparts and Facsimile signatures. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. [SIGNATURE PAGE FOLLOWS] 6 September 27, 2013 William Ramsey, AICP Assistant Development Services Director City of San Juan Capistrano, Development Services Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposal to Prepare an Initial Study for Architectural Control (AQ 13-23, Urban Village (San Juan Hotel & Villas) in the City of San Juan Capistrano (P2013-Q824S) Dear Mr. Ramsey: Thank you for the opportunity to propose our services to prepare an Initial Study (IS) for the Urban Village project in the heart of the Historic Town Center in San Juan Capistrano. We have a team of highly qualified staff with expertise in infill development and the City. Nicole Morse, Esq., Senior Associate, will be assigned as the project manager. She prepared the Historic Town Center Master Plan (HTCMP). General Plan Amendment, Rezone Environmental Impact Report (EIR) (SCH No. 2011011 036) and is very familiar with the area and the environmental issues facing the City and its residents. As requested by the City, we have proposed to prepare an IS that will tier from the HTCMP Program EIR. Based on our preliminary analysis, we see the challenge in adopting a Mitigated Negative Declaration (MND) may be the project's potentially significant air quality impacts resulting from earth movement during construction operations. If significant impacts are identified that can be mitigated to less than significant we will prepare an MND. However, if impacts are identified that cannot be mitigated then we will consider the preparation of an Addendum or Supplemental or Subsequent EIR to the HTCMP Program EIR. We will utilize as much of the environmental analysis from the Program EIR as possible (see CEQA Guidelines Section 15152). Regulatory changes and the existing conditions will need to be updated, and the analysis will focus on site- specific impacts of the San Juan Hotel & Villas Project. Key staff and resources have been assigned to this project. Dwayne Mears will serve as project director and will ensure that The Planning Center I DC&E is responsive to the City throughout this process and that we provide a quality, legally defensible product. As project manager, Nicole Morse, Esq., will be the primary day-to-day contact for this assignment and will be responsible for directing the services to be provided and reviewing work products for legal defensibility. Nicole is a member of the State Bar of California and specializes in environmental and land use law. She has over 14 years of experience in environmental planning and has prepared over 100 environmental documents during her career. She has also served on the State Legislative Committee for Association of Environmental Professionals (AEP) for the past nine years. This proposal includes our scope of services, estimated costs, and preliminary schedule for preparation and processing the CEQA documentation for the San Juan Hotel & Villas Project. This project shall remain valid for a period of 90 days from the date of submittal. We remain open to adjusting our scope and approach to best match the needs of the City. We look forward to working with you again to bring about the successful completion of the San Juan Hotel & Villas IS/MND. Orange County • www.planningcenter.com September 27, 2013 Page 2 Understanding of the Project PROJEO BACKGROUND On April 2012, the City of San Juan Capistrano adopted the Historic Town Center Master Plan (HTCMP) and form- based code and certified the accompanying Program EIR. The HTCMP Program EIR covered a 150-acre area bounded by Acjachema Street to the north, the San Diego Freeway (1-5) to the east. Avenue La Paloma and existing retail to the south, and Paseo Adelanto to the west. It included three subareas, one of which is the Historic Town Center or Revitalization Area. The Revitalization Area consists of 44 acres and is the centerpiece of the City's HTCMP. This downtown area includes retail uses on both sides of Camino Capistrano, as well as retail, office, and associated parking that surrounds Historic Town Center Park. The HTCMP provides the physical vision for the Historic Town Center's future; policies, standards, and guidelines for public and private improvements; and an implementation strategy. The intent is to ensure that the historic character and function of the Town Center as the civic and commercial heart of the City are preserved, enhanced, and expanded over time. The HTCMP's main focus is on the central "Revitalization" area, where the majority of the land use changes are intended to take place. The HTCMP Program EIR analyzed the addition of 142,801 square feet (sf) of retail, 115,164 sf of commercial/office, 36,853 sf of civic, 71 residential units, and 214 hotel units within the Revitalization area. In addition, the EIR analyzed the removal of 79,781 sf of nonresidential uses from this area. PROJEG DESCRIPTION The 3.17-acre San Juan Hotel & Villas project is in the Historic Town Center. The site is bounded on the north by Forster Street and the City-owned Historic Town Center Park, and to the south by private commercial properties, including the Farmers and Merchants Bank, the Plaza de Prosperidad Office Building, and the Mercado Plaza. The property is bounded on the west by Camino Capistrano and the Judge Richard Egan House and to the east by private commercial property (O'Reilly Auto Parts store) and Orange County Fire Authority Station #7. The San Juan Hotel & Villas project consists of a Tentative Tract Map, Architectural Control, a Grading Modification Plan, a Sign Program, a Tree Removal Permit and Administrative Modifications to the Form Based Code to allow for the development of a hotel and 33 townhouse-style villas. The hotel is designed to reflect classic Spanish colonial architecture with ornately landscaped grounds, resort amenities, and multiple pedestrian pathways. The "branded" hotel consists of 136 guest rooms in 69,282 sf and connects to the spa, restaurant, and event space. The spa and retail comprise 2,664 square feet, with the opportunity for one to three retail bays fronting Forster Street with additional access from the hotel. The 6,301 sf restaurant includes 2,814 sf of ground floor retail, 721 sf of outdoor dining, and a 2, 766 sf roof deck for dining and bar. The project site's residential portion includes 33 townhouse-style villas with complementary Mediterranean and Spanish colonial architecture and averaging ±2, 100 sf of gross floor area per unit. The proposed villas include two design concepts-one with an auto courtyard providing access to side-loaded garages, and a more conventional concept with garage doors facing the private streets. The villas are designed with expansive indoor-outdoor spaces, using pocket doors and ±300 sf roof decks for additional private open space. The homes are inspired by the live, work, and play components described in the HTCMP, with office lofts for virtual workers allowing residents to maximize the benefits of a walkable town center. 2 September 27, 2013 Page 3 Parking will be provided through garages (villas), onsite surface parking, and a subterranean parking garage, which together will provide a total of 217 parking spaces. Guest parking for the Villas will be provided by both the onsite surface parking and subterranean parking. The downtown location also provides the opportunity for potential overflow parking during peak hotel capacity via the City's "park once" strategy established by the Historic Town Center Master Plan and codified in Title 9, Land Use Code. The downtown location provides the opportunity for reduced overall parking demand due to the close access to transit (OG A bus service) and the Metrolink and Amtrak railroad service, which conveniently link the downtown to other cities in the region and state. The hotel will be developed in one phase, and the residential uses will be developed in three phases (11 units per phase). PROJEO OBJEOIVES The project objectives for the San Juan Hotel & Villas project closely parallel and support the objectives that were established for the HTCMP. These objectives, listed below, will be considered in the environmental process to determine consistency with the City's HTCMP and inform the alternatives analysis. • To create a design which will complement Mission San Juan Capistrano, by reflecting the historic character of the Mission and the City. • To provide needed services to residents and visitors to San Juan Capistrano, including hotel, spa, restaurant and retail. • To increase the City's revenue-generating tax base through transient occupancy tax (TOT) receipts, sales taxes and property taxes so as to support the provision of needed public services to the proposed project (i.e. water, sewer, drainage, fire, police, etc.) . • To promote business activity in downtown San Juan Capistrano with loft office and event space along with sales generated from hotel guests. • To construct and dedicate the public right-of-way for Forster Street which will connect Camino Capistrano and Del Obispo creating additional road capacity and commercial street frontage as well as pedestrian connections within the Historic Town Center. • To provide live, work and play uses which minimize parking demand and reduce total avera~Je daily trips (ADT). Scope of Work The Planning Center I DC&E proposes to prepare an Initial Study (IS) and Mitigated Negative Declaration (MND) as detailed in the scope of work. TASK 1: TECHNICAl STUDIES Visual and Aesthetic Impact Analysis The project would require an administrative modification of the form-based code with respect to the maximum building height of residential structures, the minimum rear yard setback for residential structures, and the minimum required hotel parking as follows; 3 September 27, 2013 Page 4 • Table 2A of the Form Based Code limits residential structures to a maximum height of two stories and 35 feet, whereas the project proposes residential structures with a third-story mezzanine but with a maximum height less than 35 feet. • Table 2A of the Form Based Code requires a minimum 1 0-foot rear yard setback, whereas the project proposes a variable rear yard setback with a minimum of 5 feet and average of 8 feet for residential structures adjoining the project's perimeter. • Table 2B of the Form Based Code requires a minimum of 1.0 parking space per hotel guest room, whereas the project proposes 0.8 guest space. An analysis of the proposed project's visual and aesthetic impacts on the surrounding environment will be prepared using digitized photographic view simulations. In order to create the photographic view simulations, the Planning Center I DC&E will prepare a three-dimensional (3D) model simulation of the proposed project and adjacent properties. The 3D simulations will take into consideration several factors, including local geography, topography, height and bulk of the project's structural elements, and sensitivity of adjacent land uses. This simulation will include architectural detailing and landscaping if it is provided by the client; in the alternative, this simulation would include a general mass modeling of the proposed project and adjacent building structures. Analysis will include review of the project description, site constraints, and identification of sensitive views to and from the project. Upon consultation with the City, The Planning Center J DC&E will select viewpoints from the most sensitive viewsheds to reflect the experience of potential viewers. The Planning Center I DC&E will conduct a site visit in order to describe the environmental setting and take photographs from the selected viewpoints. The photographs will be digitally simulated with the 3D model to create rendered photographs as the basis of the visual and aesthetic impact analysis. The Planning Center I DC&E will prepare five computer-generated photographic renderings to illustrate the potential visual and aesthetic impacts of the proposed project within the existing site context. Analysis will include the original photograph for comparison of before and after conditions of the proposed project. Deli vera ble(s): -5 photographic renderings, as described above -Client to provide the Planning Center I DC&E with base data, including CAD files of proposed project and adjacent properties, 3D digital file of proposed project, and specifications of existing and proposed conditions on proposed project site. Air Quality and Greenhouse Gas Emissions The Planning Center I DC&E will prepare an air quality and greenhouse (GHG) emissions technical analysis to evaluate the potential air quality impacts associated with the San Juan Hotel & Villas project. Modeling of criteria air pollutants and assessment of air quality and GHG emissions impacts will be based on the current methodology of the South Coast Air Quality Management District (SCAQMD} for projects within the South Coast Air Basin (SoCAB}. Modeling of criteria air pollutant emissions and GHG emissions will be conducted using the California Emissions Estimator Model (CaiEEMod). The Planning Center! DC&E recently beta tested CaiEEMod 2013. The analysis will be integrated into the initial study, and modeling included as a technical appendix. Air Quality Existing Environmental Setting: To establish the existing air quality conditions in the project area, the initial study will discuss the regional meteorology with emphasis on local wind patterns that affect air pollutant transport and dispersion. Existing air quality conditions will be described based on the most current five years of air quality data in the SoCAB from a monitoring station operated by SCAQMD. 4 September 27, 2013 Page 5 Construction Emissions: The air quality technical analysis will provide an estimate of the increase in short-term criteria air pollutant emissions generated from construction activities associated with the San Juan Hotel & Villas. Construction emissions will be modeled using CaiEEMod based on the phasing developed for the project, construction durations, preliminary list of construction equipment, demolition volumes for each construction phase, and an estimate of soil export required for each phase associated with the subterranean parking garages. Based on the information in the RFP, development of the hotel will be completed in one phase, and development of the residential villas will be completed in three phases, each with its own construction schedule. Where information is unavailable, we will use CaiEEMod defaults, as appropriate, and work with the City and the applicant to develop the construction assumptions. Localized air pollution impacts from construction equipment exhaust and fugitive dust will be compared to SCAQMD's screening-level localized significance thresholds (LST) for their potential to elevate concentrations of air pollutants at the adjacent land uses surrounding. Mitigation measures to reduce potential impacts will be identified, as necessary. Existing Criteria Air Pollutant Emissions Inventory: The existing land uses within the project site generate criteria air pollutant emissions from transportation sources, energy (natural gas), and area sources (landscape emissions, consumer products). The existing criteria air pollutant emissions inventory will be developed for the project based on the existing land uses onsite and modeled using CaiEEMod. Trip generation provided by the traffic consultant for existing land uses will be incorporated into the model. San Juan Hotel & Villas Criteria Air Pollutant Emissions Inventory: The air quality technical analysis will provide an estimate of the increase in long-term criteria air pollutant emissions from operation of the San Juan Hotel & Villas using CaiEEMod. The criteria air pollutant emissions analysis will be based on the average daily trip generation provided by IBI Group. Total criteria air pollutant emissions generated at buildout of the San Juan Hotel and Villas will be compared to the SCAQMD's regional significance thresholds. Mitigation measures to reduce potential impacts will be identified, as necessary. AQMP Consistency: The SoCAB is designated nonattainment under the California and National ambient air quality standards (AAQS) for ozone, particulate matter (PM 10 and PM2 5), nitrogen dioxide, and lead (Los Angeles County only). Consistency of the project's regional emissions will also be evaluated against the SCAQMD Air Quality Management Plan. Localized Impacts and Odors: The SoCAB has been designated attainment for carbon monoxide (CO) under both the California and National AAQS. Therefore, a qualitative assessment of CO hotspots will be discussed. A qualitative assessment of potential odor generation will also be included. Air Quality Compatibility: New land uses within the San Juan Hotel and Villas are not industrial in nature, and the proposed project would not create substantial sources of air taxies. However, Interstate 5 is approximately 550 feet from the residential villas. SCAQMD has given special attention to the siting of new sensitive receptors for exposure to elevated concentrations of toxic air contaminants. A health risk assessment (HRA) for major sources within 1 ,000 feet of the villas will be conducted. Based upon data obtained through the SCAQMD's online database, we assume that approximately five stationary sources will be evaluated. There also may be nonpermitted emission sources in the vicinity of the project site that would require characterization. Those facilities include, but are not limited to, automotive repair businesses and restaurants with charbroilers. Additionally, the Metro/ink rail line operates approximately 440 feet west of the villas. The Metrolink trains utilize diesel locomotives, and freight traffic may use the rail line. Therefore, toxic air contaminant emissions from the rail line traffic will be evaluated. Dispersion modeling will be conducted using AERMOD. In addition, the initial study will identify mitigation measures to reduce potential impacts to sensitive receptors. 5 September 27, 2013 Page 6 Greenhouse Gas Emissions Existing Environmental Setting: The environmental setting will address the effects of climate change in California and the City of San Juan Capistrano and will describe the history of California's GHG emissions regulations. To establish the baseline environmental setting for GHGs, the initial study will discuss existing GHG regulations in California Passage of Assembly Bill 32 (AB 32), the Global Warming Solutions Act. The initial study will include a discussion the GHG reduction targets of AB 32 as identified in the California Air Resources Board's (CARB) Scoping Plan and regional per capita transportation targets for the Southern California Association of Governments (SCAG) for passenger vehicles under Senate Bill 375 (SB 375). Existing GHG Emissions Inventory: The existing land uses within the project site generate GHG emissions from transportation sources, energy {natural gas and indirect emissions from purchased electricity), area sources (landscape emissions, consumer products). indirect emissions from water use and wastewater generation, and indirect emissions from waste disposal. The existing GHG emissions inventory will be developed for San Juan Hotel & Villas based on the existing land uses onsite and modeled using the California Emissions Estimator Model (CaiEEMod). Trip generation and/or vehicle miles traveled provided by IBI Group for existing land uses will be incorporated into the model. San Juan Hotel & Villas GHG Emissions Inventory: Long-term GHG emissions impacts generated by the San Juan Hotel and Villas will be quantified using CaiEEMod. GHG emissions generated by the project include transportation sources, area sources (landscaping fuel, architectural coatings, and consumer products), energy sources (natural gas consumption, energy use), water and wastewater use, and waste generation associated with the project. In addition, total GHG emissions from construction activities will be amortized into the GHG emissions inventory. The GHG analysis will incorporate reductions in trips provided by IBI Group. GHG emissions will be compared to SCAQMD's proposed significance thresholds. Mitigation measures will be incorporated, as necessary, to reduce potentially significant GHG impacts of the project. Project Consistency with Plans Adopted to Reduce GHG Emissions: The CEQA Guidelines require an assessment of whether the project would conflict with plans adopted for the purpose of reduce GHG emissions. Applicable plans include the California Air Resources Board's 2008 Scoping Plan and the SCAG's 2012 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). Project consistency with these statewide/regional GHG emissions reduction strategies will be reviewed. The Orange County Transportation Authority (OG A) has adopted their own SCS (Orange County SCS), which was integrated into SCAG's 2012 RTP/SCS. Therefore, the project will also be assessed for consistency with the individual policies within the GCCOG's SCS. Deliverable(s): -Air Quality and GHG Analysis text provided in Task 2, below -Air Quality and GHG Modeling Data for the Technical Appendices. Tree Survey {Ardea Consulting) Trees located within the project area will be surveyed by Joseph P. Sullivan, Ph.D., of Ardea Consulting. The primary objective of the tree survey is to provide a list of all trees on the project area with a brief description of their condition and to determine which trees require a Tree Removal Permit. Each tree on the project area will be identified to genus, species, and common name. Some ornamental trees might be of a variety that does not have a complete taxonomic designation (i.e., no genus species designation). All trees will be numbered and the locations determined with a GPS capable of submeter accuracy, and the trees marked on a current gee-rectified aerial image of the site. The current condition of each tree will be documented with a digital photograph. The diameter of all trees will be measured. Any trees with a diameter of six inches or greater will be noted and shown on a site map. 6 September 27, 2013 Page 7 Deliverable(s): -Tree Survey Report for the Technical Appendices Cultural Resources (Cogstone} The project site is adjacent to the Judge Richard Egan House, Mercado Village, and Historic Town Center Park, an open space area intended to preserve a variety of subgrade archaeological resources. Cog stone performed the cultural studies for the HTCMP and we use the site records and research materials from that project as background materials. Cogstone will verify that no construction has occurred in the project area since the HTCMP studies were performed in 2011 in order to use the HTCMP record searches without updates (the purpose of updates is to capture any new site records since the previous study). Cogstone will review the data from HTCMP for the project area and obtain geotechnical boring data from the applicant's geologist for relevance to paleontology given the planned underground garage. Cogstone will overlay known information on historical and archaeological resources in GIS to analyze the potential impacts. The draft cultural technical memorandum will call out appropriate mitigation per City Council Policy 601. After receiving City comments, the memorandum will be revised to final. Deliverable(s): -Cultural Resources Technical Memorandum for the Technical Appendices. Noise and Vibration The Planning Center I DC&E will prepare a noise and vibration analysis for construction and operational activities associated with the San Juan Hotel & Villas Project. The noise analysis will be consistent with the noise standards and criteria of the State of California Building Code and the City of San Juan Capistrano General Plan and Municipal Code. We will incorporate applicable and analysis and mitigation measures from the HTCMP Program EIR into the initial study. To document the existing ambient noise conditions in the vicinity of the project site, ambient noise level measurements will be taken in the vicinity of the project site at up to five locations for a period of 15 minutes. To .quantify the existing and future traffic noise. modeling will be conducted using the Federal Highway Administration's (FHWA) Highway Traffic Noise Model. The noise analysis will also describe changes in the noise environment generated by conversion of existing land uses. Changes in ambient traffic noise levels at buildout of the project and from cumulative growth in the study area will be analyzed to determine if the project-related traffic significantly increases the noise environment. The noise analysis will assess noise compatibility of the proposed residential and hotel uses based on the City's noise compatibility guidelines and 65 dBA CNEL exterior and 45 dBA CNEL interior noise standards in the City's General Plan. In addition to long-range traffic and rail noise to the project site, the noise analysis will identify potential noise impacts from activities at the HTC Park such as concerts, festivals, and the weekly farmers market. The noise analysis will provide an estimate of short-term noise and vibration levels at nearby uses associated with construction activities. The level of significance will be based on the magnitude of noise and vibration generated at adjacent noise-sensitive receptors and the length of construction activities. Mitigation measures that reduce temporary and long-term noise and vibration impacts will be identified, as necessary. The Planning Center I DC&E will summarize the analysis in the noise section of the DEIR with background data and calculations in an appendix. Deliverable(s): -Noise Analysis text provided in Task 2, below -Noise Modeling Data for the Technical Appendices. 7 September 27, 2013 Page 8 TASK 2: PREPARE SCREENCHECK INITIAL STUDY (IS) The Planning Center I DC&E will coordinate with City staff to prepare the project description and obtain all available technical studies and up-to-date plans. It is assumed for this analysis that the project applicant will prepare and submit a number of technical studies that will be available to The Planning Center I DC&E for review and incorporation into the IS: • Traffic Impact Analysis and Parking Study • Preliminary Hydrology Study-Camino Capistrano Hotel & Subdivision • Preliminary Water Network Analysis-Camino Capistrano Hotel & Subdivision • Preliminary Water Quality Management Plan (WQMP)-Camino Capistrano Hotel & Subdivision • Urban Village (San Juan Hotel & Villas)-Phase I Environmental Site Assessment (February 18, 2013) • Soils-Geotechnical Analysis Report In accordance with Section 15063 of the CEQA Guidelines, the IS will contain: 1) a description and location of the project, 2) identification of the environmental setting, 3) identification of environmental effects, 4) discussion of mitigation measures, if required, 5) examination of consistency with existing zoning, plans, or other applicable land use controls, and 6) list of preparers. If after including all existing plans, policies, and programs, and mitigation measures, environmental impacts are less than significant, then a MND will be prepared for the project consistent with CEQA Guidelines Section 15071. The IS will be clearly written and will avoid the use of technical jargon so that the document is easily understood. If technical terms need to be introduced for accuracy, they will be clearly defined. The analysis of issues will be thorough, yet concise. Thresholds of significance will be identified for each impact category based on the City's IS checklist and City standards. The environmental analysis will identify the primary and secondary effects of the project on the existing environment. Since the project site is currently developed and the IS will be tiered from the HTCMP Program EIR, it is expected that many of the environmental topics in the IS checklist will have been covered by the previous analysis. It is expected that site-specific issues that will require particular focus will include aesthetics, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hydrology/water quality, noise, and traffic impacts. We will address all of the following environmental impact categories consistent with the Environmental Checklist Form in CEQA: • Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology/Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology/Water Quality • Land Use/Planning • Mineral Resources • Noise • Population/Housing 8 September 27, 2013 Page 9 • Public Services • Recreation • Transportation(fraffic • Utilities/Service Systems • Mandatory Findings of Significance: Pursuant to CEQA Section 21083.9, a scoping meeting is not required for this project, but could be provided at the request of the client or lead agency subject to a contract amendment. Deliverable(s): -Screencheck IS {one CD-R disk in MS Word format and one hard copy) TASK 3: PUBLIC DRAFT IS/MND The Planning Center 1 DC&E will incorporate City comments on the Screencheck Draft IS. This task includes one round of review of the IS. The Planning Center! DC&E will meet with City staff to discuss and resolve any major areas of concern or to clarify areas of misunderstanding, etc. If the IS determines that all project impacts can be mitigated to a less than significant level, then we will prepare an MND. Deliverable(s): -Draft IS/MND (single-side reproducible Draft IS/MND, 1 CD-R disk in MS Word, 4 double-sided hard copies, 20 CD-R disks in PDF). NOTE: The PDF files will be indexed and all individual PDF chapters will be smaller than 5 MB and appropriately named according to the City's criteria. -Draft IS/MND (15 hard copies for State Clearinghouse) -Distribution of the Draft MND via certified and overnight mail, as required -Notice of Intent to Adopt a MND TASK 4: RESPONSE TO COMMENTS/FINAL MND Although formal written responses are not required for a MND, the Response to Comments/Final MND will be prepared using the criteria established in CEQA Guidelines Section 15089. The Response to Comments must reflect the lead agency's independent judgment and analysis and is presented to the City Council for consideration and approval. Following receipt of all comments on the Draft MND, written responses will be prepared for each comment. A Response to Comments section will be created for the Final MND and will contain an introduction describing the public review process for the Draft MND, copies of all comment letters, and written responses to all comments. Responses will focus on comments that address the adequacy of the Draft MND. Comments that do not address MND adequacy will be noted as such and no further response will be provided unless deemed necessary by the City. Responses will be prepared by The Planning Center I DC&E with input from our technical specialists, as needed. The Final MND will also include any revisions, updates, or corrections needed to respond to comments or address minor errors in the Draft MND. The estimated budget assumes that no additional basic research will be required to respond to comments, that the comments will be directed at the substance and technical adequacy of the MND, and that the comments will be compiled by the City and transmitted in writing to the consultant. Modification to the scope of work, budget, and time frame may be necessary if comments received from agencies or the general public require substantially increasing the scope of impacts and issues addressed in the MND. The Planning Center! DC&E will revise the Responses to Comments based on revisions provided by the client and the city. 9 September 27, 2013 Page 10 Following project approval, the Planning Center! DC&E will prepare a Notice of Determination (NOD) to be filed with the Orange County Clerk by the project applicant. California Department of Fish and Wildlife Fees and County administrative filing fees will be paid by the project applicant and are not included in this cost proposal. Deliverable(s): -Screencheck Response to Comments/Final MND (digital copy in MS Word) -Final MND (single-sided reproducible hardcopy, 1 CD-R disk in MS Word, 4 double-sided hard copies, 20 CD-R copies in PDF) -Distribution of the Final Response to Comments to commenters via California Overnight or Certified Mail -Notice of Determination TASK 5: MITIGATION MONITORING AND.REPORTING PROGRAM A Mitigation Monitoring and Reporting Program (MMRP} will be prepared pursuant to Section 21081 .6 of the Public Resources Code. The MMRP will include any mitigation measures in the EIR. The MMRP will list the significant impacts that would result from the project; proposed mitigation measures for each impact; the times at which the measures will need to be implemented; the entity responsible for implementation; the City departments or other agencies responsible for monitoring the mitigation effort and ensuring its success; and compliance verification criteria. Deliverable(s): -Mitigation Monitoring Reporting Program (digital copy in MS Word) TASK 6: MEETINGS AND PUBLIC HEARINGS Our scope of work and cost estimate assume a total of five meetings (9 hours). Meetings will consist of participation/attendance by The Planning Center I DC&E's project manager at one kick-off meeting with City staff (1 hour); two project status/update meetings with City staff (1 hour each); one Planning Commission Hearing (3 hours); and one City Council Hearing (3 hours). Additional conference call participation or hearing attendance by other The Planning Center I DC&E staff upon the City's request will be billed on a time-and-materials basis in accordance with the hourly rates for the personnel involved. Deliverable(s}: -One kick-off meeting -Up to two status updates -Two public hearings (Planning Commission and City Council) TASK 7: PROJECT MANAGEMENT The Planning Center I DC&E's project manager will coordinate closely with the client to ensure that the EIR and associated documents are legally defensible, accurate, and useful to decision makers considering the approval of the project. The project management task is based on the estimated schedule for the proposed project provided below in Table 2. If the schedule of the project is extended for reasons beyond The Planning Center I DC&E's control, a contract amendment may be required for additional fees for project management and coordination efforts. Deliverable(s}: -Ongoing project management for the duration of the project schedule 10 September 27, 2013 Page 11 Proposed Schedule The Planning Center! DC&E will prepare the initial study in accordance with the schedule shown in Table 1. Ta bl e 1. Propose d h d I Sc e u e TASK DUE DATE Contract Execution October 2013 Screencheck Initial Study (1 0 weeks) 12/6/13* City Review of Initial Study (4 weeks) 1/6/14 Publish Notice of Intent to adopt a Mitigated Negative 1/15/14-2/13/14 Declaration/Initial Study for 30-day Review Prepare Response to Comments (1 week) 2/24/14 City Review of Response to Comments (1 week) 3/3/14 Prepare Final Response to Comments 3/6/14 Planning Commission Hearing 2/12/14 Planning Commission Action 2/26/14 City Council Hearing and Action 3/19/14 *This schedule may be shortened if requested by the City. Receipt of the project description and traffic study are critical path to completed the screencheck initial study. It is expected that the project description, including construction equipment and a detailed construction schedule will be obtained in early October and the traffic study will be received by mid-November. 11 September 27, 2013 Page 12 Cost Estimate Table 2 provides our cost estimate for IS by project task and estimated reimbursable expenses. A detailed breakdown by hours is provided as Attachment A. As shown in these tables, the Planning Center I DC&E ~ill complete the IS for a fee not to exceed fee of $79,624. These costs are based on our billing rates, shown in Table 3. Table 2 Cost Estimate TASK COST 1. Technical Studies - Visual and Aesthetic Impact Analysis 4,050 Air Quality and GHG Emissions 12,925 Tree Survey (Ardea Consulting) 2,970 Cultural Resources (Cogstone) 10,102 Noise and Vibration 7,090 2. Prepare Screencheck Draft IS 19,490 3. Public Draft 15/MND 5,920 4. Final Response to Comments 6,460 5. Mitigation Monitoring Reporting Program 540 6. Meetings with City Staff 2,075 7. Project Management 3,500 Subtotal $75,122 TPC I DC&E Reimburseables (includes 2% of Labor of Office Expenses) 4,502 Subtotal $4,502 GRAND TOTAL $79,624 12 September 27, 2013 Page 13 Table3. The Planning Center I DC&E -2013 Standard Fee Schedule STAFF LEVEL Principal Associate Principal Senior Associate/Senior Scientist Associate/Scientist Project Planner/Project Scientist Planner/Assistant Scientist Graphics Specialist Clerical/Word Processing Intern Other d1rect costs and subconsultants are b11fed at cost plus 10%. Mileage reimbursement rate is the standard IRS-approved rate. Acknowledgment HOURLY BILL RATE $180-$250 $155-$190 $130-$185 $90-$150 $80-$120 $60-$100 $65-$90 $40-$105 $60-$85 This proposal shall remain valid for a period of 90 days from the time of submittal. The attached Service Authorization, which includes our General Terms of Consulting Agreement, is a part of this proposal. If the contents of this Proposal and Agreement are satisfactory, please indicate your approval by signing the Service Authorization and sending it to our Corporate office. As Principal, I am authorized to bind The Planning Center 1 DC&E and the project team to the contents of this proposal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to call me at 714.966.9220 or e-mail me at dmears@planningcenter.com. Respectfully submitted, THE PlANNING CENTER I D_C&E ~G~ Principal Attachment A. Cost Proposal Attachment B. Project Manager Resume Attachment C. Key Staff 13 CO S T PR O P O S A L -~ ~ - - · - " ' ~ --i)r BR V L S I O ME A R S MOR S E . VE R H U O H MAN T E Y FIT Z G E R A L D YAN G CL E N O f N I I G PO T T E R FR O E U C H ... . , EIR P r o j e c l Aii ' Q u l l l t y i G H G ~R i s k Ren d e r i n g ' E I R Subcons . '" ' ... . . , _ ·- EIR P r l n c i p a l ... , . , , AII ' Q u a l k y / G H G "" ' " Hea t h AI " tn d P i a n n e t As s u s m e m PrO J i d P i a n n o r .. _. Se ! N o t E d l l : o r WP i C L f i U C A L TP C I O C & E TPCfDCIE ~ UborTotal """ " ' ... . ' 11 4 0 $2 5 0 $17 5 115 5 $16 S 11 6 5 $9 5 $17 0 190 19 0 $9 0 $75 ... . . . I.Mo<TDiil , ......... -1·1 ... l10~, TOTAL LABOR 1 ,T e c : h n i c a l Slu d i e s 0 so so so Vis u a l an d Ae s t h e t i c lm~ a c t An~ s i s 45 45 ' $4,050 so S4,050 Atr Qu a l i t y an d Gre e n h o u s e Ga s Em i s s 1 0 n s 14 22 75 1n S12.125 so S12,925 - Tre e Sur v e ~ {A r d e a Co n s u l t i n g l so 2,700 S2,970 S2.970 - ,C u U u r a i R e s o u r c e s ( C o g s t o ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - - 1 2 Oi so 9,184 $10,102 S10,102 Noi S e an d Vib r a t i o n _ __§ Q '- - - 4 66 · S7,090 so S7,090 - 2 Pre p a r e J n i t i a l Sb H i y (I ~ - 1:1 so so so --- · ~ D e s c r i p l i o n / E x 1 6 l i n g Con d i t i o ~ s _ _ _ _ _ _ _ _ _ _ _ _ 2 - - - , - - - - r- - 8 S1.070 so S1.070 En v i r o n m e n t a l im p a c t An a l y s t s 6 4 32 96 13 8 ' S16,01G so $16,080 Sc r e e n c h e c k MN D -QA I Q C 16 12 281 SU40 so S2.340 3 ·P u b l i c Dra f t IS / M N D - - - - - - - - - - - 16 20 B B 52 i S5.120 so S5,920 4: Res p o n s e _ to Co m i J I I ! l 1 l s / F i n a l MN D 2 20 - - - - - - - - - - - - - - - - 20 4 4 so l $6.460 so $6,460 _s. M i t ! g a t i o n Mon i l o r i ~ Re ~ r t i ~ P r ~ - 1-- · 6 6 S540 '$540 6 Me e t ~ s an d Pu b i c Hea r i f 1 9 5 . 2 9 11 ' S2,075 so S2,075 7 Pr o j e c t Ma n a g e m e n t 20 20! $3,500 so $3,500 En v i r o n m e n t a l Do c u m e n t a t i o n Su b t o t a l 6 8 99 14 12 22 12 5 0 15 0 49 29 24 53 7 5&2.050 $2.7110 S9,184 $13,072 S75,122 La b o r To t a l 6 8 99 , 14 1 12 22 , 12 5 0, 150 1 49 281 24 53 7 62050 27001 9184 13072.4j_ $75,122 Su b c o n s u h a n t s Re i m b u r s a b l e Exp e n s e s $0 TP C f D C I E Re i m b u r s a b l e Ex , , n s e s $3,000 2% of la b o r fo r Off i c e Exp e n s e s S1,502.00 RE I M B U R S A B L E EX P E N S E S TO T A L S4,502 GR A N D IO l A I \I'll.!·! TH E PL A N N I N G CE N T E R I D C & E 14 P~ge~1of1 September 27, 2013 Page 18 the Interior's Standards and Guidelines for Archaeology and Historic Preservation. She has expertise in research, survey, assessment of impacts/effects, significance criteria and determinations, management plans, mitigation implementation, and bone identification and analysis. ARDEA CONSULTING Joseph P. Sullivan, PhD I Environmental Consultant Role: Tree Survey Dr. Sullivan has more than 20 years of postgraduate-school experience conducting wildlife, b1ology, and toxicology studies; field monitoring; and performing ecological risk assessments. He also has extensive experience with wetland delineations and Geographic Information Systems (GIS) mapping and spatial analysis. Dr. Sullivan established Ardea Consulting in 1997 in Morrisville, PA, and moved to Woodland, CA. in 2001. Since its founding, clients served have ranged from the federal government (US Army, US Environmental Protection Agency, US Fish and Wildlife Service), large and small businesses, private landowners, and subcontracting on military base projects. His network of professional associates enables him to provide colleagues' distinct knowledge about various special status species and other areas of expertise. 18 CITY OF SAN JUAN CAPISTRANO REQUEST FOR PROPOSALS FOR PREPARATION OF AN INITIAL STUDY (IS) FOR ARCHITECTURAL CONTROL (AC) 13-23, URBAN VILLAGE (SAN JUAN HOTEL & VILLAS) SUBMIT OR E-MAIL YOUR PROPOSAL BY CLOSE OF BUSINESS ON FRIDAY, SEPTEMBER 20, 2013 TO: City of San Juan Capistrano Attn: William Ramsey, AICP, Assistant Development Services Director Development Services Department 1. INTRODUCTION 32400 Paseo Adelanto San Juan Capistrano, California 92675 bramsey@sanjuancapistrano.org (949) 443-6334 The City of San Juan Capistrano is soliciting proposals for the preparation of an Initial Study (IS). The detailed project description is provided in the scope of work requirements and the project plans are provided as a separate document. The project is situated within the Historic Town Center (HTC) planning area and is subject to the City's Historic Town Center Form Based Code. In April 2012, the City Council certified a Program Environmental Impact Report, approved the Historic Town Center Master Plan and adopted the Form Based Code. The certified Program EIR for the HTC Master Plan provides significant technical analysis and information that may be incorporated into the Initial Study (IS) for the proposed project. Based on the project's location, the project does not require a determination from the Army Corps of Engineers (ACE) and California Department of Fish & Game (DFG) as to whether the project requires a Section 404 Permit, Section 1601/1602 Permit, and/or Section 8 approval pursuant to applicable provisions of Federal and/or State law (e.g. Federal Clean Water Act, Federal National Environmental Policy Act (NEPA), Federal 1 ATTACHMENT 2 Request for Proposals (RFP) Initial Study (IS) Urban Village (San Juan Hotel & Villas) 4 of2 City of San Juan Capistrano Endangered Species Act (ESA), the California Endangered Species Act (CESA), and the California Public Resources Code, etc.). 2. SCOPE OF WORK The scope of work requirements are provided as a separate document. The scope of work identifies technical documents which will be needed to support a thorough discussion of the significant environmental issues related to the proposed project. 3. PROPOSAL REQUIREMENTS The proposal will include a transmittal letter including a statement of understanding of the scope of the project, the general methodology to be used, and a description of the firm's background and experience. The Proposal shall be signed by an individual authorized to bind the consultant and shall contain a statement that the proposal is valid for at least a 90-calendar day period. 3.1 A proposed scope-of-work (SOW) including a description of the specific work tasks that will be completed and work products that will be produced. 3.2 A list of similar projects completed by the project manager and key staff to be used on this project. 3.3 One-page resume of the project manager. 3.4 Project Schedule. 3.5 Total project budget and not-to-exceed cost including a tabular breakdown of all costs by position, hourly rate, task, hours budgeted for each task as well as any reimbursable costs (i.e. travel, meeting attendance, copying, etc.). 4. PROPOSAL SUBMISSION Interested firms or persons should submit their proposal in pdf format (600 dpi resolution, color or black & white) by e-mail to bramsey@sanjuancapistrano.org in the Development Services Department, City of San Juan Capistrano by the time and date indicated on the coversheet of this RFP. 5. SELECTION PROCESS A selection committee composed of City staff will review the proposals pursuant to City Council Consultant Selection Policy with particular emphasis on the following factors to select the most qualified firm/person: 5.1 The appropriateness of the consultant's proposal with respect to the specific work tasks that will be completed and the work products that will be produced. 2 Request for Proposals (RFP) Initial Study (IS) Urban Village (San Juan Hotel & Villas) 4 of3 5.2 Completeness of the consultant's proposal. City of San Juan Capistrano 5.3 Consultant's experience and resources available to complete the work. 5.4 Professional qualifications of the consultant's project manager and key personnel. After evaluation of the proposal, and subsequent interviews if needed, the City will select the most qualified consultant to negotiate an agreement to provide the consulting services through the completion of the Project. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the respective proposals received. 6. AGREEMENT /INSURANCE REQUIREMENTS The consultant selected for the study will be required to execute a standard City of San Juan Capistrano Professional Services Agreement. Proposals will include a statement that the submitting firm/person is amenable to all provisions in the City's standard agreement. If a proposing firm/person takes exception to any of the terms in the Professional Services Agreement, the firm/person must notify the City of their specific issue(s) as soon as possible and determine whether the provision may be modified. Insurance and indemnification requirements are not negotiable. 7. CITY'S RIGHTS The City may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by a proposer, and require additional evidence of qualifications to perform the services described herein. The CITY reserves the right to: 7.1 Reject any or all of the proposals and issue a subsequent Request for Proposals. 7.2 Cancel the entire Request For Proposal. 7.3 Remedy technical errors in the Request for Proposal process. 7.4 Appoint an evaluation committees to review proposals. 7.5 Seek the assistance of outside technical experts in proposal evaluation. 7.6 Approve or disapprove the use of particular subcontractors. 7.7 Award a contract to one or more proposers. 3 Request for Proposals (RFP) Initial Study (IS) Urban Village (San Juan Hotel & Villas) 4 of4 City of San Juan Capistrano 7.8 Waive non-substantive errors or irregularities in proposals. This RFP in no way commits the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in the preparation and submission of proposals or in anticipation of a contract. 8. PUBLIC RECORDS ACT Responses to this RFP become the exclusive property of the City and subject to the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in Civil Code section 3426.1 (d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Proposers which indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive. In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", the proposer agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorneys' fees, in any action or liability arising under the Public Records Act. 9. QUESTIONS Questions regarding this RFP should be sent in writing to Bill Ramsey, AICP, Assistant Development Services Director via e-mail to: bramsey@sanjuancapistrano.org. Questions concerning information already contained in the RFP will be answered in writing; questions requiring clarification or additional information may be addressed in an addendum to this RFP. All return correspondence involving questions and answers, will be communicated to all other known proposers. 4 CITY OF SAN JUAN CAPISTRANO DOC~NTTRANSNUTTALFORM This form is for the transmittal of documert"' •~--' (e.g. Agreements, Contracts, Deeds, I Date: 10/14/2013 Agenda Item No. (it City Council, SJCHA or SACRA Meeting Date (if applicable): _c--'-;ty ______ _ Brief description of document and/or services provided: preparation ot an Initial Study pursuant Act (CEQA) for Urban ViHage project. Submitting Department: Development Services Staff Contact: Bill Ramsey ----~--------------- Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to the contractor/consultant. Step 1 Ill Purchasing-For Procurement Contracts/ Agreements (if applicable) c:J $3,000 or less -(Department Head's Authority-No Purchase Order Required-STOP-jimher routing not necessary) E3 $3,001 -$10,000-(Department Head's Authority) $10,001 -$45,000-(City Manager's Authority) (2] $45,001 or over-(City Council Approval Required*) *Date of Council Approval: or Resolution. No.: ____ ~ c:J Public Contracts $45,000 or less-(City Manager's Authority Required) CJ Public Contracts over $45,000-(City Council's Authority Required*) *Date of Council Approval: ______ or Resolution. No.: Step 2 D Department Head c:J Approved 0 Not Approved D Not Applicable Director's Initials/Date Step 3 Ill City Attorney c::J Approved D Not Approved D Not Applicable City Attorney's Initials/Date Step 4 Ill Finance tJe Ote 8Y 4 ~ ~·c:J .. •F•u•n•di•.n•g•A•v•a•ila•b•le .............. ~~~ D No Funding A vail able -fl-e 0 Budget Amendment Required ~cJk,t'. Notes: ___________ _ Finance Initials/Date Step 5 0 City Manager c:J Approved 0Denied City Manager's Initial's/Date: ____ _ Step 6 Ill Insurance Requirements (if applicable) *Mark the requirements included in the attached document. 00 Commercial/General Liability v-/ 00 Auto Liabilitr 0Professional/Errors and Omissions CJ Public Works Contracts-Labor/Material & Performance Bonds Step 7 Ill City Clerk (For Final Routing) 00 Additional Insured Endorsement- [][]Worker's Compensation---- C) Not Applicable [9-::\pproval Process Completed-Copy of Contract Transmittal Form with documents forwarded to FS Department or back to the originating department as appropriate. D Denied-Returned to submitting department. Please provide the following and return to the City Clerk's Office: ------City Clerk's Initial's/Date:<---. '/ 1l Jh-;r\1 ~ ,--..._ Page 1 of2 1. Contractor/Consultant Name: The Planning Center, Inc I DC&E 2. Business License*: 0 Yes Ill No ~!bfr~ Cf.b ~x~~tion. ___ _ *If work is performed in the City, a Business License is required. 3. Contract Amount: $ 79,624 -------VJt g -c.!ut~tt OVI ro/r~/t"?. 4. Budget Account Number: 25-62100-62281-95-000 5. City Services and Facilities to be provided (If Applicable): N/A 6. Is this a standard City contract? Ill Yes 0 No If no, explain: 7. Are two original contracts submitted? Ill Yes 0 No If no, explain: 8. Contract Date: 1 0115113 --------Expiration Date: _1_21_3_1_11_4 ___ _ 9. Insurance Certificate (if applicable) attached: Ill Yes Ill No If no, explain: 10. Purchase (if applicable) Requisition attached:--Yes ~No If no, explain: !fs ~~ ~u M ~ 'of~ ilqk· ~. 11. Bid Recap (if applicable) attached: 0 Yes Ill No If no, explain: it is explained in the staff report for 10/15 CC meeting. 12. W-9 Form (if applicable) attached: Ill Yes 0 No If no, explain: 13. New Vendor Application Form (if applicable) attached: Ill Yes 0 No If no, explain: 14. Does this document need to be recorded? 0 Yes Ill No If Yes, please provide only one original copy. The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by fmance through the City Clerk's Office. Page 2 of2 ·---------·-··-·-·-·----·----------------------------- 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: The Planning Center/DC&E 3 MacArthur Place, Suite 100 Santa Ana, CA 92707 Attn: Nicole Morse, Esq. DATE: October 18, 2013 FROM: Manny Ruelas, Office Assistant (949) 443-6308 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO ROY L. BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement -For preparation of an Initial Study pursuant to the California Environmental Quality Act (CEQA) for Urban Village. 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 agreement. If you have questions related to insurance requirements, please call Manny Ruelas, Office Assistant at (949) 443-6308. If you have questions concerning the agreement, please contact Bill Ramsey, Assistant Director of Development Services at (949) 443-6334. Enclosed is an Original Agreement for your records. Cc: Bill Ramsey, Assistant Director of Development Services San Juan Capistrano: Presen·ing the P'ast to Enhance the Future " ~.J Pr~rted on 100% recycled paper