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13-1217_LSA ASSOCIATES, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of December, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and LSA Associates, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to prepare the Draft Environmental Impact Report (DEIR) for the proposed Spieker Senior Development, a Continuing Care Retirement Community; 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 March 31, 2015. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $295,040 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. 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. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the 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 3 employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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 51 insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: David Contreras, Senior Planner 5 To Consultant: LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, CA 92614 Attn: Ashley Davis 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] 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO B�'� Y Sam Allevato, Mayor CONSULTANT APPROVED AS TO FORM: Hans an ten, City_Attorney 7 . 1GCa n ag�rrrg yPrirrci��t' �.� C� �� LS Associates, Inc. ' Preparation Environmental Impact Report for Spieker A Continuing Care Retirement Community City of San Juan Capistrano Prepared y L S A LSA ASSOCIATES, INC. Fuscoe Engineering, Ninyo&Moore VisionScape Imagery, Inc, SLSA ASSOCIATES, INC. 20 EXECUTIVE PARK, SUITE 200 A � IRVINE, CALIFORNIA 92614 December 9, 2013 Mr. David Contreras, Senior Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 BERKELEY FRESNO RIVERSIDE 949.553.0666 TEL CARLSBAD PALMSPRINGS ROCKLIN 949.553.8076 FAX FORT COLLINS PT. RICHMOND SAN LUIS OBISPO Subject: Proposal for Professional Services: Environmental Impact Report for the Spieker Senior Development — A Continuing Care Retirement Community Dear Mr. Contreras: LSA Associates, Inc. (LSA) is pleased to respond to the City of San Juan Capistrano's (City) Request for Proposals to prepare an Environmental Impact Report (EIR) for the Spieker Senior Development Project. The attached proposal is based on LSA's understanding of the proposed project, knowledge of the City, and experience preparing FIRS for projects that are similar to the proposed project. The City planning policies have historically reflected a sensitivity toward agriculture and agriculture - related properties. While such an application has been anticipated for some time, we equally anticipate that the City will conduct a thorough and exhaustive environmental and policy analysis before arriving at a decision regarding this application. LSA is willing and able to come alongside the City to assist in preparing the necessary environmental analysis that will support the City's findings in considering and deciding on this land use application. LSA has a long and successful history working in and with the City and looks forwards to working with its staff in advancing the aforementioned City's goals and objectives by providing a technically sound and legally defensible environmental document. LSA is proposing Ashley Davis as the most qualified Project Manager for this project. Ms. Davis brings over 16 years of environmental planning experience and EIR expertise. LSA has extensive experience and history working directly with the City (e.g., La Pata Avenue Gap Closure and Camino del Rio Extension Project, Del Obispo Street from Alipaz Street to Paseo Adelanto On -Call Cultural Resources monitoring, Lower Ortega Widening EIR, St. Margaret's Episcopal School and Church Expansion Initial Study/Mitigated Negative Declaration [IS/MND], Interstate 5 High -Occupancy Vehicle [HOV] Lane Extension Project [south of Avenida Pico to south of San Juan Creek Road] Initial Study/Environmental Assessment [IS/EA], and Trabuco Creek Bank Restoration for Saddleback Valley Christian School). LSA also prepared the City's first Strategic Transportation Plan (STP), which was approved by the City in October 2002. The STP was to guide the implementation of major transportation improvements in and around the City. Mr. Les Card (CEO of LSA) served as Project Manager and primary author of the STP. It involved a comprehensive examination of all proposed arterial highways in and around the City (including La Pata) to analyze benefits and/or concerns of traffic impacts. The STP identifies specific strategies to avoid through traffic impacts in the City and priorities for highway improvement phasing. This experience has fostered an excellent understanding of the project area, and LSA will bring this experience to the Spieker Senior Development Project. 12/9/13 t LAPROPOSAL\ZZZ2418A1 - Speiker Senior Development EIR\Proposal_New Schedule-Budget.docxv PLANNING I ENVIRONMENTAL SCIENCES I DESIGN ISA ASID Jt1E , .til;. BACKGROUND AND EXPERIENCE LSA is an environmental, transportation, and community planning firm with offices located throughout California and in Colorado. Preparation and review of California Environmental Quality Act (CEQA) documents has been an LSA core service since the founding of the firm in 1976. Over the years, LSA has expanded its services offered to include virtually all CEQA-related services in order to provide a "one-stop" firm. LSA has a successful track record of preparing environmental documents that are technically sound and legally defensible as well as innovative and solution oriented. One of the unique aspects of the company lies in its ownership (i.e., LSA is 100 percent employee owned). All full-time employees own stock in the company and all employees benefit from its success on each and every project. LSA's employee stock ownership program and profit sharing foster an exceptionally positive work environment where staff are motivated to strive for excellence and continue to build on the company's already solid reputation. This is one of the reasons for LSA's remarkable employee retention, which will directly benefit the City. Based on the firm's many successful years of preparing CEQA documents (e.g., EMS, Negative Declarations [NDs], and Categorical Exemptions [CEs]) for projects similar to the proposed Spieker Senior Development project (including senior housing projects, new hotels, residential developments, and mixed-use projects throughout the State of California), LSA is confident that its team of professionals will meet the needs of the City in a timely and cost-effective manner. GENERAL METHODOLOGY: THE LSA APPROACH While LSA prides itself on its technical document preparation skills, the company believes the most important aspect of its overall services is its project management skills. LSA's track record of providing quality products and meeting demanding schedules, coupled with its reputation with past and current clients, provides the best guarantee of success in meeting the City's needs for the required environmental services. The following are LSA's methods and procedures for managing schedules and budgets and the tactics LSA employs to ensure quality control: Communication: Good project management extends beyond the use of sophisticated tools. It has been LSA's experience that the most critical element for successful completion of a project is the early development of clear channels of communication between LSA's project management and all parties involved. Ongoing and frequent communication among Principal in Charge Frank Haselton, Project Manager Ashley Davis, and City staff will serve as the primary vehicle for identifying emerging project issues and developing solutions early so as to minimize schedule impacts. Understanding the Issues/Project Schedule: LSA's staff is made up of seasoned veterans. The staff has developed the ability to identify key issues and solutions, which assists in foreseeing problems and avoiding potential cost overruns or schedule delays. These skills are used to advise LSA's clients of impending issues and to assist in resolving those issues. Additionally, LSA's significant technical and regulatory experience results in a "big picture" understanding of the processes, permits, and agency requirements that are key to completing an on-time document delivery. 12/9/13 <<LAPR0P0SAUZZZ2418A1 - Speiker Senior Development EIRTroposal_New Schedule-Budget.docx» LSA A8$0c:1A1'hS, i.Nt::. • Product Review: To ensure that LSA's product meets the best technical and professional quality demanded by its clients, and to satisfy agency requirements, the firm has developed an internal document review program. Once a document is prepared, it is reviewed and corrected by a professional editor and then receives Principal review prior to its release. This process is assured through LSA's formally adopted Quality Control Plan, which is available for review by clients. • Budget Control: Billing for LSA's projects is tracked by internal accounting software on a bimonthly schedule. Each Project Manager and Principal receives reports indicating project budget status every week to assist in maintaining tight control over project budgets. • Commitment of Senior Personnel: When necessary, LSA uses upper level, experienced personnel not just as supervisors, but as the primary investigators and authors of technical reports, EIRs, and planning documents. This use of upper level staff eliminates the need for multiple internal reviews. LSA has found that in some situations, it is most efficient to use senior staff members qualified in their areas of expertise. • In -House Preparation of Technical and Environmental Documents: To facilitate communication and project coordination, LSA can usually prepare all portions of its environmental documents using in-house staff, reserving the use of subconsultants for the provision of specialized expertise (e.g., for hazardous materials investigations and geotechnical investigations). • Commitment to Scheduling Needs: LSA's commitment to meeting scheduling needs and project demands extends to doing whatever it takes to complete the job. LSA's work in the past has demanded staff time at nights and on weekends. LSA has also reduced handling time by using 24-hour reprographic houses capable of compiling, printing, packaging, and mailing completed documents in a single, efficient operation. STATEMENT OF UNDERSTANDING/KEY ELEMENTS A full environmental analysis is anticipated in order to support the City's findings and decision regarding this land use application. However, there are several key elements that uniquely characterize the proposed project's site. Land Use The site is part of a larger agriculturally related area in this portion of the City. Figure COS -1 of the City's General Plan Conservation and Open Space Element identifies the property as Agri -Business, exhibiting both an agricultural and open space quality. Changing the land use designation will amend its Floor Area Ratio (FAR) from its current 0.05:1 intensity to 0.25:1 intensity (Public & Institutional). The site is next to the Kinoshita Farm, a City -owned agricultural production area that is part of the City's Public Lands System. Also, it is adjacent to a church to the north and schools to the south, which are uses traditionally occupied by sensitive receptors. This proposed change in land use will impact the property in question as well as the surrounding land uses and occupants. 12/9/13 «LAPR0P0SAUZ.ZZ2418A1 - Speiker Senior Development EIR\Proposal_New Schedule-Budget.docx» i i i 1.S:A AS$Q(.-; EATE S, 'N(:. Traffic The trip generation of the proposed use will need to be compared to the existing generation rates of the nursery. A general assumption may be that traffic generation will automatically increase; however, it will be important to understand the self- contained nature of the proposed project and the unique trip -generating qualities associated with this type of use. Del Obispo Street and Alipaz Street are identified as secondary arterials on the City's Arterial Highway System (Figure C-2 of the City's General Plan Circulation Element). Both of these arterials provide access to existing neighborhoods, schools, and other local venues. Del Obispo Street provides a regional connection to the communities to the south. The project's Alipaz Street provides access to several impact on these roadways as well as others will be an neighborhoods and other local venues. important component of the EIR. Visual The City is very protective of its visual quality, as evidenced by its Community Design Element. The site is at a lower elevation than Del Obispo Street, and it appears that the proposed project's design will take advantage of this topographic difference. However, areas to the north and west are elevated and directly view the site. Also, a visual impact may occur for the Kinoshita Farm occupants and visitors as a result of the proposed project. Air Quality The City is very protective of its visual environment. There are residential neighborhoods to the north, east, and west. In addition, there is an elementary school and community center to the south and a church to the north. Air quality impacts created by the construction and operations of the proposed project will require careful assessment and analysis that take into consideration the sensitive receptors occupying these areas. Several schools occupied by sensitive receptors are near the project's site. 12/9/13 «L:\PR0P0SAL\ZZZ2418A1 - Speiker Senior Development EIR\Proposal_New Schedule-Budget.docx» iv LS.A AS.c CF CS ATI', , [NC. Cultural Although the proposed project site is paved and semi -paved, there is always the possibility of impacting a cultural site within the City. LSA is very familiar with the pre -historic and historic context of the City and the need to proceed with caution out of respect for its cultural heritage. Kinoshita Farm and the Congdon House site are important cultural resources warranting protection and preservation. STATEMENT OF VALIDITY Please note that I, Frank Haselton, have authorization to bind the firm, and the information and budget estimate provided in this proposal will remain valid for no less than 90 days from the date of this letter. Thank you in advance for your consideration of this proposal. Although every effort has been made to anticipate your needs, LSA welcomes the opportunity to discuss the details of its approach. If you have any questions, please contact either me or Ashley Davis at (949) 553-0666. Sincerely, LSA ASSOCIATES, INC. Frank L. Hasel on Managing Principal Attachment: Proposal for the Spieker Senior Development Project 12/9/13 «LAPR0P0SAUZZZ2418AI - Speiker Senior Development EIRTroposal_New Schedule-Budget.docxu V City nfSari Juan Capistrano Spieker Senior Development Environmental Impact Report Table of Contents 1.0 SCOPE OFWORK ............. ......... .......... .......... .................... ............ ..... ........ .................. .~.~1 Task 1.0: Project Initiation/Project Description ........ ........ ... ... ... ................ -------...... ^......... —1 Information tobeProvided bythe City ........................................................................................................ 1 ProjectKickoff Meeting ................................................................................................................................ 2 2.0 TECHNICAL STUDXESAREPORTS.................... ................... .......... ....... ..~..... ... .......... ____ ....... .4 TaskZ1� Traffic Impart Analysis (Tl&) ......... ......,............._..._..—.......... '...,,....... _,... ___ 4 Coordinationwith City Staff ......................................................................................................................... 5 DataCollection ............................................................................................................................................. S ExistingConditions ....................................................................................................................................... 6 Project Trip Generation, Distribution, and Assignment ............................................................................... 6 ProjectImpact Assessment .......................................................................................................................... 7 MitigationMeasures .................................................................................................................................... 8 Preparation ofTraffic Impact Analysis ......................................................................................................... 8 Task 2.2: Air Quality Impact and Greenhouse Gas Analysis .......... ...__~._.......... ._.__..__..8 AirQuality Impact Analysis ........................................................................................................................... 8 Greenhouse Gas Emissions/Cl imate Change Impact Analysis .................................................................... lO Tas1<I3: Noise ....... --------...... --...... ...... ____ ....... —... ....... —�1Z LocalNoise Standards ................................................................................................................................. lZ ConstructionImpacts ................................................................................................................................. 12 Mobile Sources Noise Impacts ................................................................................................................... 1Z Stationary Source Noise Impacts ................................................................................................................ 2 MitigationMeasures ................................................................................................................. ................ l3 Preparation ofNoise Impact Analysis ......................................................................................................... 13 Task 2.4: Biological Resources K8emor ndum..—~.------..--..----------------.1l Task2.5: Cultural Resources Report.._._.. ---._--.—_—_~..~._~,~.~._.—...~...._..13 RecordsSearch ........................................................................................................................................... 13 Native American Consultation .................................................................................................................... 14 HistoricArchitecture .................................................................................................................................. 14 ArchaeologicalSurvey ................................................................................................................................ l4 ReportofFindings ...................................................................................................................................... l6 Task2.6: Report—~—.---..----.~........ .~.............. ..~............. ..........,..,.-1S LiteratureReview ....................................................................................................................................... 1S ProjectArea Field Survey ............................................................................................................................ l6 Technical Study Report ----------------------_—.---------------'l6 Task 2,7: Geotechnical Report Peer Review. ... .___ ....... .~~....... ......... ......^.'.---'..—.--... 16 Preliminary Geotechnical Evaluation ......................................................................................................... 16 Task 2.8: Hazards Report Peer Review_ ... .... '...... ___ ........ ......... ---.'—.—^........ --------.I7 PhaseESA Review ..................................................................................................................................... 17 Task 2.9: Hydrologic Report Peer Review— ................... ......... .._18 Hydrology &HydromodificatonReview ................................................................................ .................... 18 Water Quality Management Plan Review .................................................................................................. l8 Task2.10: Visual -Aesthetic Impact Analysis ...—.......... _---........ --'_—.—......... —_-..1n � LSA ^aSoa,^`v,. mo� ~~^ _ ~ -~ City mfSari Juan Capistrano Spieker Senior Development Environmental Impact Report 3j0 ENVIRONMENTAL DOCUMENTATION ............ ............ ......... ......... .~.............. .,.................... 2D Task 3.1: Notice ofPnepa ng -----.-.-....----.,....-..~~.-..~..-......~2Q NoticeufPreparation ................................................................................................................................. ZU Distributionofthe NOR .............................................................................................................................. 2O Scoping....................................................................................................................................................... ZO Task3.2: Screencheok8R.......... ---- ....... ...------.-.-...... ............ -................... ............ .... -28 Task 3.3: Public Review Draft BR.-- ... __--...-._................... ....... ---..-....... '----.... 21 Task 3.4: Certified Final BR .... —,...... ........ .._......... —_.--_.--.'_-.'_-^---~..-...... 22 ResponsestoComments ............................................................................................................................ Z FinalE|R...................................................................................................................................................... 23 Mitigation Monitoring and Reporting Program .......................................................................................... 23 Findings ofFact and Statement ofOverriding Considerations ................................................................... 23 4J0 PROJECT MANAGEMENT AND MEETING ATTENDANCE ............... ,............. .................. ............. 24 Deliverables............. ..-.... -... -........ -................................ -.... ................... -.-._'...... ..... .... ..24 Notices... .......... ...... ... ....... .... ...... --- .... ....... .-_..... �....... ......... .^......... ....... ~^'~^.^`'^-.... 25 5.0 PROJECT SCHEDULE ... ......... ......... ............... .......... _............... ~~...... �~~__~~~,^^~~~,~_..... ^,,26 6.0 RELEVANT PROJECT EXPERIENCE0kKEY TEAM PERSONNEL. ......... ^....-............... .,.................... 28 Relevant Project Experience ... ..---...-....-.-----..~....... ................... .~.-....... ..... -.38 Other Representative Projects Prepared byLSA ........................................................................................ 1 KeyStaff ... ........... ...... ~...._......... ~....... ~............... .... .......... .-... ... ......... -......... ....... -...... 33 ProjectManager Resume ........................................................................................................................... 37 7.0 FEE ESTIMATE, ....................... .......... ~.^.,.,~~_,^~,,,~,,~,,,,~,~.~.~.,`,^,,,',,,,,,.,.~`,.^,,_~-39 Figure Organizational Chart ....................... no= Spieker Senior Development E|RSchedule ........................................................................................... BudgetSpreadsheet .............................................................................................................................. A: SCHEDULE OFSTANDARD CONTRACT PROVISIONS AND BILLING RATES ~^ S���U���� ISA °`avv,^rmx' INC. - ��� 34 26 40 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report R 0 SCOPE OF WORK Through its review of the documentation provided by the City of San Juan Capistrano (City), visits to the project site, and working knowledge of the area, LSA has gained an understanding of the issues to be addressed in Environmental Impact Report (EIR) for the proposed Spieker Senior Development Project (project), a Continuing Care Retirement Community (Spieker Senior Development Partners). TASK 1.0, -PROJECT MITIATION/PROJECT DESCRIPTION Tasks associated with the project start-up phase will include review of the preliminary project plans, technical reports related to the project site, local planning documents, and any previous environmental documentation for the project area. LSA will work closely with the City during the project definition stage of work. As a result of and subsequent to this collaborative effort, LSA will prepare a thorough Project Description for use in the IS and EIR. LSA will coordinate with City representatives to refine and finalize the Project Description and develop a mutual understanding of the issues to be addressed to satisfy California Environmental Quality Act (CEQA) requirements. The Project Description will include project -level plan information for project construction and operation. Information f Provided by the City The detailed Project Description will be based on the proposed plans and program information provided by the City's planning team. This Project Description will be used by LSA to determine the potential environmental effects of project implementation and to set forth the analysis program. To enable LSA to proceed with this first task, the City team must provide LSA with the following to clearly define the project: • 51-onaept Site Plan: Project plans and any related statistical summary of the proposed project (e.g., structures/facilities, vehicle access locations and circulation concept, parking spaces provided, site coverage, grading plans, and landscape plans) • oncep gal Lighting Plans: Lighting plan specifications for all new lighting for the proposed building, parking, and recreation areas • P ll g LPny11 , s: Engineering plans or information/analysis by the grading designer of site hydrology as well as any mitigation measures (beyond compliance with applicable standards and code requirements) and best management practices (BMPs) necessary to control project drainage impacts • Aesthetic lnforma to r: Conceptual building elevations, description of the expected range of building materials, architectural themes, conceptual landscape plans, etc. L S A r� d E3. �a 1 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report • Infrastructure Flares: Conceptual infrastructure improvement plans, including sewer, water, and storm drainage facilities • Construction Information: Length of construction, project phasing, staging areas, and grading quantities (cubic yards of export/import required) In addition to the above, LSA will review any available prior environmental documents for the proposed project site with City staff. LSA will use existing studies, the City's General Plan, and other project EIRs to the extent feasible and appropriate in order to minimize the work effort needed and expedite the project schedule. Project Kickoff Meeting To ensure the orderly flow of project efforts, a project kickoff meeting will be undertaken at the outset of the work effort. The meeting will be held with City staff to accomplish the following: • Establish a mutual understanding of the project objectives, explore community concerns regarding the project, and discuss City expectations for the consultant's work effort. • Obtain relevant plans, reports, ordinances, and studies applicable to the project. • Obtain relevant project description information, including but not limited to preliminary site plans, elevations, construction and operational details, design specifications, drawings, and maps. • Identify City departments, governmental agencies, and business, environmental, and service organizations whose input will be vital to the successful completion of the EIR. • Refine the scope of work to be performed to satisfy CEQA requirements. • Define communication protocols for requesting information from City staff. • Refine the project schedule, establish protocols for product review with the City, and define project milestones and decision points. • Obtain the City's mailing list for environmental documents. LSA will work with the City to determine the significance criteria based on current community or industry standards, including but not limited to the State CEQA Guidelines, local guidelines, State and federal regulations (i.e., United States Environmental Protection Agency [EPA], United States Army Corps of Engineers [Corps], and clean water legislation and regulations), and consistency with State and/or local land use planning documents such as the City of San Juan Capistrano General Plan. Baseline conditions for specific existing conditions will also be reviewed. LSA suggests that the project kickoff meeting also include a preliminary discussion of project alternatives and the manner in which cumulative impacts will be addressed in the environmental document. LSA will identify key critical path items that are necessary to meet the EIR schedule. Commencement of the L S A .. wam 2 City of Sari Juan Capistrano Spieker Senior Development Environmental Impact Report environmental work effort will require the receipt by LSA of all previously prepared technical reports as well as other relevant project -related data. LSA has already visited the project site to establish an understanding of existing site conditions, the physical setting of the proposed project site, and the relationship between the project site and adjacent land uses. Additional site visits will be conducted as deemed necessary by LSA staff. ..5.4 L i k t S , I ii .; 3 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report 2.0 TECHNICAL1 LSA has built its environmental services business on 37 years of strong performance, client satisfaction, and repeat/referral business. At times, it is necessary to invite other firms to supplement in-house personnel in order to meet clients' technical needs. For this reason, LSA maintains a network of specialized subconsultants, many of which are certified as Small, Disadvantaged, Minority, Woman, and Disabled Veteran Business Enterprises (SBE, DBE, MBE, WBE, DVBE, respectively), that are able to promptly respond to requests for supplemental expertise. For this contract, LSA has included: (a) Ninyo & Moore (MBE) for preparation of a Preliminary Geotechnical Evaluation and Phase I Environmental Site Assessment (ESA) Review; (b) Fusco Engineering, Inc. (Fuscoe) for peer review of the Water Quality Management Plan (WQMP) and Hydrologic Report; and (c) VisionScape Imagery, Inc. (VSI) for preparation of visual simulations. LSA often teams with these firms on development projects and finds them to be highly responsive and professional. A discussion of the technical reports recommended and included in this scope of work is provided below. As indicated in the Request for Proposals (RFP), already completed plans and studies to be provided to LSA will include the following: • Geotechnical Due Diligence Evaluation, August 2013 • Phase 1 Environmental Site Assessment, April 2013 • WQMP, December 2008 • Hydrologic Report (date unknown) According to the City, a Water Supply Assessment (WSA) will be required pursuant to the California Water Code. According to State CEQA Guidelines, a WSA must be prepared by the governing body of a public water system, or the City or County lead agency, pursuant to and in compliance with Sections 10910 to 10915 of the California Water Code when a proposed development would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 -dwelling -unit project. TASK w1.- TRAFFIC IMPACT ANALYSIS" The TIA scope of services provided below is consistent with the description of technical studies/reports identified in the RFP and discussions with the City's Traffic Engineer and traffic model consultant. The TIA for the proposed Spieker Senior Development Project will be prepared pursuant to: City of San Juan Capistrano Administrative Policy 310, Preparation and Use of Traffic Reports; Orange County Congestion Management Program (CMP) TIA Guidelines; and provisions of CEQA. For the purposes of this proposal, the traffic study will focus on the project's traffic impacts at up to 26 intersections and 22 roadway segments in the study area, as identified in the City's RFP scope of work. The TIA for the proposed project will need to examine the following four development scenarios: rLgv L S A __4 r. 4 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report: - 1. Existing Conditions 2. Existing Plus Project Conditions 3. Existing Plus Project Plus Cumulative Conditions (future near-term year, corresponding to project opening) 4. Existing Plus Project Plus Build Out Conditions (future long-range, corresponding to build out of the City's General Plan) The following tasks are recommended to provide a complete TIA for the proposed Spieker Senior Development Project. Coordination with City Staff LSA will coordinate with representatives of the Development Services Department and/or Public Works Department to confirm the scope of work and discuss issues related to the proposed project with City staff. This will include confirmation of specific analysis methodologies and assumptions, land use assumptions, designation of study area intersections and roadway segments, identification of cumulative background traffic conditions (i.e., approved/pending projects list and ambient growth rate), and discussion of specific concerns regarding the project. Two specific issues to be discussed with staff include: (1) trip generation and parking characteristics of the proposed project compared to standard trip and parking generation rates contained in industry manuals (e.g., Institute of Transportation Engineers [ITE], San Diego Association of Governments [SANDAG], Urban Land Institute [ULI]); and (2) future land use assumed on the property in the General Plan compared to the proposed land use. Data Collection Based on the meeting discussed above, LSA and City staff will confirm the study area intersections. The following information will be needed prior to preparation of the TIA: • Existing Traffic Counts: LSA will request existing traffic counts from the City. If the City does not have this data available (i.e., counts conducted within 1 year of the notice to proceed), LSA will conduct new intersection turn -movement counts in the a.m. and p.m. peak hours and new roadway segment counts over 24 hours. National Data & Surveying Services will be the independent count company used to collect the data. In addition, LSA will collect geometric and traffic control data at the study area intersections. For the purposes of this scope of work and budget estimate, LSA will count up to 26 intersections and 22 roadway segments. • Curnulaflve Conditions: A cumulative year (future, near-term) scenario corresponding to the projected opening year of the proposed project will be analyzed. To determine the cumulative baseline conditions, LSA will request from the Development Services Department a current list of approved and/or committed projects up to the project opening year. LSA will also request the traffic studies and/or environmental documents for these projects to develop cumulative baseline traffic volumes. If these documents are not available, LSA staff will assign approved/pending project trips A", L S A � r d � „ 5 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report 5�7 to the study area circulation network using the "manual method" of trip assignment. LSA anticipates using the manual method for up to 10 projects. An ambient growth rate will be applied to represent the near-term conditions, as discussed with City staff. • Build Out Conditions: A build out year (future, long-term) scenario corresponding to the build out of the City's General Plan will be analyzed. To develop the forecast year conditions, LSA will work with the City's traffic model consultant (Urban Crossroads). LSA has received a proposal from Urban Crossroads to provide the forecast data necessary for this project. Existing Conditions Existing a.m. and p.m. peak -hour traffic conditions and levels of service (LOS) will be assessed for the intersections identified for examination using intersection capacity utilization (ICU) and Highway Capacity Manual (HCM) methodologies for signalized intersections and the HCM methodology for any unsignalized intersections, per the General Plan Growth Management Element. An average daily traffic (ADT) and peak -hour link analysis will also be performed for the study area roadway segments using the methodology and performance standards contained in the City's General Plan Growth Management Element. In addition to analysis of the study area, LSA will describe the existing transit, pedestrian, and bicycle conditions, including bus service to the project area, locations of transit stops and stations, bicycle lanes, and pedestrian facilities providing access to the project site. Project Trip Generation, Distribution, and Assignment Daily a.m. and p.m. peak -hour trips will be generated for build out of the proposed project, including senior housing and assisted living use. LSA will develop the trip generation estimate based on trip rates contained in the latest ITE Trip Generation manual. As an alternative (to be discussed with City staff), the trip generation of the project could be identified based on surveys conducted at similar Continuing Care Retirement Community (CCRC) facilities (e.g., Morningside, La Costa Glen). Should this alternative be pursued, LSA will develop a scope and budget for the surveys necessary to identify the specific trip generation of this project. The key element is to identify the peak -hour ingress and egress of vehicles associated with these uses while recognizing that on-site amenities may not produce additional trips on the circulation system. Project -related trips will be distributed through the study area intersections based on a select zone assignment obtained from the City's Traffic Model consultant. Project trip generation volumes will be assigned to the arterial street system based on the trip distribution identified above. The resulting project trip assignments will be overlaid onto the existing and cumulative traffic bases to determine the Existing and Cumulative Plus Project traffic volumes, respectively. Project volumes for build out conditions will be based on the South County Sub Area Model (SCSAM). L S A J City of Sari Juan Capistrano Spieker Senior Development' 1 Environmental Impact Report �' • Project Impact Assessment Existing Phis Project LSA will analyze the Existing Plus Project traffic conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS when the project is added to the Existing condition. The resulting Existing Plus Project traffic volumes will be examined to determine peak -hour intersection and roadway LOS. Project impacts will be identified assuming existing intersection geometries. Cumulative Plus Project Traffic conditions for the Cumulative Plus Project condition will be analyzed in the TIA. The cumulative traffic conditions will be developed based on the contribution of committed and/or approved developments' peak -hour traffic volumes to the City's circulation system and ambient growth. The ambient growth percentage per year will be determined based on discussion with City staff. In conjunction with City staff, LSA will obtain a current approved/committed projects list, as well as the traffic studies prepared for these developments, to derive the project study area cumulative traffic volumes and approved circulation system improvements. For cumulative projects without a traffic study, trip generation will be based on ITE trip generation rates. LSA will assign the approved/committed projects' traffic volumes and the Spieker Senior Development Project trip generation to the existing traffic base to determine the Cumulative Plus Project conditions. LSA will analyze the Existing Plus Project Plus Cumulative LOS conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS within a short-term horizon (opening year of the project). BI -61c,", Out Plus Pro'k-Ict LSA will analyze the forecast conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS within a long-range (General Plan Build Out) horizon. The Build Out Plus Project condition will be based on output from the SCSAM model. The City's traffic model consultant will develop the forecast data for LSA's use in the TIA. The resulting forecast traffic volumes will be examined to determine peak -hour intersection and roadway segment LOS. LSA will conduct an operational analysis along Del Obispo Street using the Synchro software. The following intersections will be analyzed: Del Obispo Street/Plaza Drive, Del Obispo Street/Camino Capistrano, Del Obispo Street/Paseo Adelanto and Del Obispo Street/Alipaz Street. Data for this operational analysis will be based on the conditions analyzed above. Levels of service will be identified and compared to the minimum standards in the City's Growth Management Element. Vehicle queues will be reviewed to ensure adequate distance between the closely spaced intersections. fl�es A.' IYYsa LSAL S S !}4„ s:' 7 f� Y�b"Y� � ✓+ T(Q >Y S City of San Juan Capistrano C-0 Spieker Senior DevelopmentPp Environmental Im act Re cert Site Plan Analysis An on-site circulation and access analysis of the proposed internal circulation system will be performed based on the current project site plan. Peak -hour intersection operation at the proposed project driveways via Del Obispo Street, Alipaz Street, and Via Positiva will be addressed to determine the adequacy of the interface with the arterial street system. LSA will also review the potential for vehicle queues, the need for acceleration/deceleration lanes, and adequate sight distance at the project driveways. LSA will review the City's Municipal Code off-site parking requirements for the land uses proposed as part of the project and determine whether adequate parking will be provided on site. Similar to trip generation, LSA will discuss with City staff the function of the different uses within the Spieker Senior Development Project and determine whether conducting surveys to identify the peak parking demand would be required. The parking demand surveys are not part of the scope and budget of this proposal. Mitigation Measures Based on the results of the Project Impact Assessment, mitigation measures (physical and/or operational) will be proposed to address impacts created by the project in the Existing, Cumulative, and Build Out conditions. Mitigation measures (if any) will be consistent with City Council Administrative Policy 111 (Fair Share Methodology). Preparation f Traffic Impact Analysis A TIA will be prepared discussing the Existing, Cumulative and Build Out (with and without the proposed project) conditions. Identification of intersection, roadway segment, and on-site improvements required to accommodate project development will be provided. References will be identified and included in the report as appropriate. A Draft TIA will be submitted to the City for review. Upon completion of the review, LSA will modify the draft report to address the City's comments and submit the Final TIA. TASK 2.2: AIR QUALITYIMPACT AND GREENHOUSES ANALYSIS Air Quality Impact Analysis The proposed project is located in the South Coast Air Basin (Basin). Air quality regulations in this area are administered by the South Coast Air Quality Management District (SCAQMD). The Air Quality Impact Analysis will evaluate the proposed land use for its potential impacts specific to the City and SCAQMD air quality impact study requirements. LSA will prepare a technical Air Quality Impact Analysis consistent with applicable procedures and requirements. The Air Quality Impact Analysis will answer the following questions: • Will the project: o Conflict with or obstruct implementation of the applicable air quality plan? L S A LSA ASSOCIATES, INC. 1 I c R1 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report a o Violate any air quality standard or contribute substantially to an existing or projected air quality violation? o Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? o Expose sensitive receptors to substantial pollutant concentrations? o Create objectionable odors affecting a substantial number of people? Regulatory Setting and Significance 1-17 eshol s A thorough discussion of all applicable federal, State, and local regulations will be included to ensure a comprehensive impact analysis. This will be followed by a clear discussion of all applicable significance thresholds. Baseline Air Quality Conditions Baseline and project setting meteorological and air quality data developed through the California Air Resources Board (ARB) and climatological and air quality profile data gathered by SCAQMD will be utilized for the description of existing ambient air quality. Air quality data from the nearest air quality monitoring station published for the past 3 years will be included to help highlight existing air quality local to the proposed project site. Other sources such as regulatory documents, professional publications, and LSA's experience in the project area will supplement background information. A summary of current air quality management efforts that may be related to the proposed project will be provided. A brief overview of the nature and location of existing sensitive receptors will be provided to set the context in which such uses may be affected by the proposed project. Short -Term Construction Emissions Construction would occur during implementation of the proposed project. Air quality impacts from demolition, site preparation, grading, and construction sources include the equipment used, length of time for a specific construction task, equipment power type (gasoline or diesel engine), equipment emission factors approved by the EPA (AP -42 Handbooks), horsepower, load factor, and percentage of time in use. Exhaust and dust emissions from worker commutes and equipment travel will also contribute to the construction emissions. Fugitive dust emissions would result from wind erosion of exposed soil and soil storage piles, grading operations, and vehicles traveling on paved and unpaved roads. LSA will calculate the construction emissions commensurate with available project -specific information using the CalEEMod (Version 2013.2.2) air quality model. Standard measures for construction activities recommended by SCAQMD will be identified and incorporated as part of the project's standard conditions. L S A LSA AS.'�OICTATES, INC. G City of San Juan Capistrano a. Spieker Senior Development�c�. Environmental Impact Report Long -Term Mobile and Stationary Source Emissions The proposed project will potentially affect the number of vehicle trips in the project area. It is also expected that stationary source emissions (e.g., on-site energy consumption) will be associated with the proposed project. Emissions from long-term mobile and stationary sources associated with this project will be calculated with CalEEMod (Version 2013.2.2) air quality models and follow the SCAQMD CEQA Air Quality Handbook guidelines. Potential cumulative air quality impacts associated with the proposed project will be evaluated. Lona -Term Carbon Monoxide Hot -Spot Impact Analysis Vehicular traffic on major arterials and local streets in the project vicinity will be affected by trips associated with the proposed project. A screening -level carbon monoxide (CO) hot -spot analysis will be conducted based on the current CO concentrations in the project vicinity and project -related traffic trips. If warranted, a detailed CO hot -spot analysis will be prepared using CALINE4 and EMFAC2011 models based on project -related peak -hour turn volumes at intersections in, and background CO concentrations in, the project vicinity. Localized Significance Analysis A localized significance analysis will be performed to evaluate the potential impacts on nearby sensitive receptors from emissions from both short-term construction activities and long-term on-site operations. The project is greater than the S -acre threshold identified by SCAQMD for the localized significance threshold (LST) screening -level analysis. However, construction LST and operational LST impacts will first be evaluated using SCAQMD LST screening level thresholds due to their more conservative baseline. If warranted, a dispersion modeling will be conducted to further determine the project's impacts on LST. Mitigation and Minimization Measures LSA will work with the Applicant, the City, and, if necessary, the SCAQMD to identify feasible mitigation measures for potential air quality impacts. Mitigation measures will be developed as indicated in the impact analysis. Preparation of Air Quality Impact Analysis LSA will complete the Air Quality Impact Analysis within 3 weeks of receiving the authorization to proceed and all necessary project information (including the traffic data). The findings summarized in the Air Quality Impact Analysis will also include the settings and regulatory requirements and will be ready for inclusion into the environmental document for review and approval. Greenhouse Gas ErmssionsiGhmate Charge Impact Analysis A greenhouse gas (GHG) emissions analysis will be included in the Air Quality Impact Analysis and will include all procedures and methodologies considered "state-of-the-art" at the time of the analysis and will answer the following questions: L S A �'0,""1� F4 tea As4octr�zsr_ 10 City of San Juan Capistrano"'" Spieker Senior Development Environmental Impact Report , Will the project: o Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment? o Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs? Global Climate Cbat7 e/GHG Emissions Climate change and GHG emissions are an environmental concern being raised on statewide, national, and global levels. Regional, State, and federal agencies are developing strategies to control pollutant emissions that contribute to global warming, including the State's Assembly Bills 1493 and 32 (AB1493 and AB32), Executive Orders S-3-05 and S-01-07, and Senate Bill 97 (SB97). The EPA is finalizing national GHG emissions standards under the Clean Air Act (CAA), and the National Highway Traffic Safety Administration (NHTSA) is finalizing Corporate Average Fuel Economy (CAFE) standards under the Energy Policy and Conservation Act. The recent California Office of Planning and Research (OPR) CEQA Guideline changes will be followed, and the project's total GHG emissions will be compared to regional and Statewide emissions. LSA will calculate the GHG emissions associated with construction activities commensurate with the project -specific information provided. For specific details not provided, assumptions based on standard construction practices will be used. GHG emissions will be calculated and compared to area emission levels. Standard emissions control measures for construction activities recommended by SCAQMD will be identified and incorporated as part of the project's standard conditions. The proposed project is expected to result in increased GHG emissions from increased vehicle usage and on-site energy consumption as well as lighting and landscape maintenance. Emissions of carbon dioxide (CO2) (i.e., a key GHG identified in AB32), and other major GHGs such as methane (CH4) and nitrous oxide (N2O) from project -related sources will be calculated. Potential cumulative GHG impacts associated with the proposed project will be evaluated. Milig ibgb' : f f i? ttYs7f ;a%?L f`# Avleri 't. re LSA will work with the Applicant, the City and, if necessary, the SCAQMD to identify feasible mitigation measures for potential GHG impacts. Mitigation and/or minimization measures will be developed as indicated in the impact analysis. ,lltx;o..'�3I,��.7 {...,7�:J.`a.ata vltjt'�t(ip 1C.'t`i��.`'.,`�e L;f Y.rt.s LSA will complete the GHG/Climate Change Impact Analysis within 3 weeks of receiving the authorization to proceed and all necessary project information (including the traffic data). The findings summarized in the GHG/Climate Change Impact Analysis will also include the settings and regulatory requirements, and will be ready for inclusion into the environmental document for review and approval. L�,A L �1( S AT � A �C 11 d -a City of San Juan Capistrano a Spieker Senior Development Environmental Impact Report TASK 2.3.- NOISE IMPACT ANALYSIS The Noise Impact Analysis will evaluate the proposed land use for its potential noise impacts. LSA will prepare a Noise Impact Analysis consistent with applicable procedures and requirements. Local Noise Standards LSA will review applicable exterior noise criteria from the City for the proposed project site and its vicinity. Noise standards identified in the Noise Element of the General Plan and the Municipal Code noise control ordinance of the City will be discussed for land uses on and adjacent to the project site. Construction Impacts Noise impacts from construction sources will be analyzed based on the equipment expected to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The EPA -recommended noise emission levels will be used for the construction equipment. The construction noise impact will be evaluated in terms of maximum instantaneous noise levels (Lmax), hourly equivalent continuous noise levels (Leq), and the frequency of occurrence at adjacent sensitive locations. Analysis requirements will be provided based on the sensitivity of the area directly adjacent to the project site and the City's Municipal Code noise control ordinance specifications. Mobile Sources Noise Impacts Noise impacts from vehicular traffic will be conducted using the United States Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108, December 1978). Model input data needed include: ADT volumes; day/night percentages of autos, medium, and heavy trucks; vehicle speeds; ground attenuation factors; and roadway widths. The 24-hour weighted Community Noise Equivalent Level (CNEL) or day -night average noise level (Ldp) along area roadways that would be potentially affected will be tabulated. In addition, potential train noise impacts on the proposed land uses will be evaluated. Project -related noise impacts on off-site sensitive land uses in the project vicinity will be analyzed. Traffic noise impacts on the proposed on-site uses will also be provided. The City's noise criteria for outdoor living areas will be assessed. Stationary Source Noise Impacts Potential noise impacts from on- or off-site noise -generating sources on sensitive uses on and adjacent to the project site will be provided based on the project's layout and potential noise generating source areas. Equipment noise levels obtained from the Federal Highway Administration (FHWA) 2006 Highway Construction Noise Handbook will be used as reference noise levels for noise impact analysis purposes. [.SA AS'OCIATES, IN . 12 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report Mitigation Measures Noise mitigation measures designed to reduce short-term construction noise impacts and long-term stationary and mobile source noise impacts to acceptable noise levels will be determined. Preparation of Nadas Impact Analysis LSA will complete the above Noise Impact Analysis within 3 weeks of receiving the authorization to proceed and all necessary project information (including traffic data). The Noise Impact Analysis will include analysis to ensure that the City's interior and exterior noise standards will be met for the proposed on-site sensitive receptors. Noise mitigation measures, such as sound barrier(s) to attenuate traffic noise, double -paned windows, and/or mechanical ventilation to allow windows to remain closed, will be included if significant noise impacts are identified. The findings summarized in the Noise Impact Analysis will also include the settings and regulatory requirements, and will be ready for inclusion into the environmental document for review and approval. "ASK . BIOLOGICAL RESOURCES MEMORANDUM Based on the location and existing conditions of the project site, LSA does not anticipate any substantive biological resource issues associated with the proposed development of the site. However, to verify this expectation conclusively, LSA proposes to complete a general evaluation of the existing biological resources on site. Prior to conducting a reconnaissance -level survey of the project site, a qualified LSA biologist will review key biological database records and other available technical documentation (including aerial photographs) pertaining to the project area. Following the site survey, LSA will prepare a letter report documenting any existing or potential biological resources of interest or concern as well as any applicable avoidance, minimization, or mitigation measures. The letter report will be provided in draft form for client review. LSA anticipates only one round of review, after which the report will be finalized based on any comments or suggested revisions and submitted to the City. LSA does not anticipate the need for more extensive, focused biological studies or attendance at any meetings. If such services are needed and/or requested, LSA can provide an applicable scope of work and budget. TASK .; CULTURAL RESOURCES REPOR-I All cultural resources work will be completed per CEQA and City Council Policy Number 601. Records Search LSA will conduct an archaeological and historical records review and literature search through the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System, located at California State University, Fullerton. The SCCIC houses the pertinent archaeological site and survey information necessary to determine whether previously recorded cultural resources exist within the study area boundaries. The objectives of this archival research will be: (1) to establish the status and extent of previously recorded sites, surveys, and excavations within the project area; and (2) to note S A USANSSOC INC. 13 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report what types of sites might be expected to occur within the proposed project area based on the existing data from archaeological sites within 0.25 mile of the project area. All pertinent references will be reviewed, and all information will be summarized in the report of findings. Native American Consultation in 2004, sections of California's Government Code and Public Resources Code were amended to address the potential environmental impact of projects on California Native American Cultural Places. These changes were prompted by passage of Senate Bill 18 (Burton) (SB18). The new regulations apply to all General Plan and/or Specific Plan updates and amendments proposed on or after March 1, 2005.' SB18 requires planning agencies to consult with California Native American tribes during the preparation, updating, or amendment of General/Specific Plans. The purpose of the consultation is to identify and preserve specified places, features, and objects located within the City's jurisdiction that have a unique and significant meaning to California Native Americans. LSA has extensive experience consulting with Native American groups in Southern California, including the various Juaneno groups. Based on the City's protocol for handling SB18 consultation, LSA understands that the City will conduct the SB18 consultation and that LSA will include a summary of the Native American consultation in the report of findings. If the City requires further assistance or consultation, a budget augment may be required. LSA can assist the City with the consultation process as described below. Following the California OPR guidelines (OPR, November 14, 2005), LSA will contact the California Native American Heritage Commission (NAHC) for a search of the Sacred Lands File and a list of Native American tribes/groups/individuals to be invited to consult on the project. Based on the City's protocol, the City will contact each party to solicit their involvement in the consultation process. If requested by the City, LSA can provide the following: one facsimile letter to the NAHC, one mailing with map (sent via certified mail) to all listed parties, follow-up telephone calls (up to two per party) to those who have not responded to the letter, and one meeting with the interested parties. Additional consultation is beyond the scope of this proposal. Historic Architecture Preliminary research has determined that none of the buildings within the project area has reached a sufficient age (50 years old) to warrant significance evaluation under CEQA. Thus there is no need for any historic architecture evaluation or report. Archaeological Survey Based on the results of the records search, a systematic on-site pedestrian survey will be conducted to determine the presence of archaeological resources on previously unsurveyed property. Previously recorded sites within the project area, if any, will be field checked, and existing Department of Parks and The General Plan land use designation of the 8 -acre retail component is changing from Farm Market to General Commercial, and the 34 -acre site is being amended from Agribusiness to Public & Institutional (Specific Plan). L S A 14 City of San Juan Capistrano Spieker Senior Development Environmental impact Report Recreation (DPR) Series 523 forms will be updated consistent with the guidelines established by the State Office of Historic Preservation (OHP). Newly identified sites will also be documented on DPR Series 523 forms. The archaeological survey will be conducted at the same time as the paleontological survey by field personnel trained to recognize both archaeological and paleontological resources. The accuracy of the field survey depends on ground visibility. Depending on the type of vegetation and built environment resources present within the project area that obscure the ground surface, resources may not be observed during the survey but will become apparent once project -related ground -disturbing activities begin. Report of Findings Upon completion of the records search and field survey, LSA will prepare a Cultural Resources Assessment report. If findings are negative and if acceptable to the City, the report will be in the form of a letter and will include the results of the records search and survey as well as a project location map. If findings are positive and/or the City prefers a full-length report, LSA will prepare a report consistent with the guidelines of the OHP's Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. This report will contain an abstract (management summary and recommendations) and sections that present the project description and location map, the natural setting, the cultural setting, methods, results, a discussion, recommendations, references, and (if findings are positive) a confidential appendix that contains the DPR Series 523 forms. For this project, it is anticipated that findings will be negative. Therefore, the budget is based on a report in the form of a letter. If archaeological findings are positive, a budget amendment may be necessary to prepare DPR Series 523 forms and an ARMR-style report. TASK 2.6: PALEONTOLOGICAL REPORT Literature Review LSA will examine current geologic maps of the project area in order to obtain geological information pertinent to the project area. In addition, LSA will conduct a paleontological locality review and literature search of its own records as well as records maintained at the Natural History Museum of Los Angeles County (LACM) in the vicinity of the project to obtain paleontological information pertinent to the project area. If available, LSA will also examine any geotechnical reports that have been prepared for the project to obtain additional information on subsurface conditions related to the project. The objectives of this archival research will be: (1) to determine the geology of the project area, (2) to note what types of fossils might occur within or near the proposed project area, and (3) to determine the paleontological sensitivity for the sediments that may be encountered during ground -disturbing activities. e9� 7 �t i s L S A 15 a DAl 3 ,yF t fi i 4 � E City of Sura Juan Capistrano Spieker Senior Development Na e Environmental Inipact Report J Project Area Field Survey A field survey will be conducted to verify the accuracy of the geologic mapping, attempt to relocate any known paleontological recourses, and locate any previously unrecorded paleontological resources. LSA will use surveyors who are familiar with the area geology and the types of paleontological resources that would be expected within the geological formations present within the project. This survey will be done concurrently with the cultural resources survey, and the cost will be covered by the cultural resources scope and budget. LSA utilizes surveyors who are familiar with both paleontological and cultural resources. Technical Study Report LSA will document the results of the literature review and field survey in a Paleontological Assessment Report. The Paleontological Assessment Report will be consistent with the City of San Juan Capistrano City Council Policy 601 and the guidelines of the Society of Vertebrate Paleontology (SVP). It will include a project description, a location map, geology map, as well as a methods, results, and discussion section. The report will discuss the potential of the project to adversely impact resources and, if needed, will include mitigation measures and other recommendations. If the research and field survey indicate there is no potential to impact paleontological resources, the Paleontological Assessment Report will state that the project will not impact any resources and that mitigation of paleontological resources will not be required. LSA will initially prepare a draft report that will be submitted for comment and review. Once comments have been received, LSA will prepare a final report that incorporates and addresses any comments. TASK 2,7: GEOTECHNICAL REPORT PEER REVIEW LSA has included Ninyo & Moore on the Project Team to conduct geotechnical consulting services. The RFP indicates the Applicant has submitted a Geotechnical Due Diligence Evaluation for the proposed project. The purpose of Ninyo & Moore's peer review is to provide input to the preparation of the Draft EIR in accordance with CEQA Guidelines. Ninyo & Moore's CEQA-level evaluations will include a peer review of the Applicant's geotechnical and environmental studies to evaluate the potential geologic and seismic hazards that may affect the proposed project. Ninyo & Moore's scope of services is presented below. Preliminary in r otechnio l Evaluation Based on Ninyo & Moore's understanding of the project, geotechnical consulting services will include the following tasks: • Review of readily available topographic and geologic maps, published geotechnical literature, geologic hazard maps, geologic and seismic data, groundwater data, and aerial photographs. 16 V k +d L Na e L S A y 5� 3 _ A f, 16 City of San Juan Capistrano Spieker Senior Development Environmental impact Report • Review of the existing Geotechnical Due Diligence Evaluation, and review of geotechnical -related plans regarding the site(s) that have been provided by the Applicant to the City of San Juan Capistrano. • Geotechnical site reconnaissance to observe and document the existing surficial conditions at the site. • Assessment of the general geologic conditions and seismic hazards affecting the site, and evaluation of their potential impacts on the project. The impact assessment will include evaluation of surface fault rupture, ground shaking, liquefaction, soil erosion, settlement, and expansion or collapse of soils. • Compilation and analysis of existing geotechnical data pertaining to subsurface conditions. Ninyo & Moore's scope of services will not include subsurface exploration or laboratory testing. • Preparation of a Geotechnical Peer Review letter regarding Ninyo & Moore's peer review findings, conclusions, and preliminary mitigation recommendations regarding the various geologic impacts for the project as well as conclusions and recommendations relative to the geotechnical aspects of the project's conceptual plan. TASK 2.8: HAZARDS REPORT" PEER REVIEW LSA has included Ninyo & Moore on the Project Team to conduct environmental consulting services. The RFP indicates the Applicant has submitted a Phase I ESA for the proposed project. The purpose of Ninyo & Moore's peer review is to provide input to the preparation of the Draft EIR in accordance with CEQA Guidelines. Ninyo & Moore's CEQA-level evaluations will include a peer review of the Applicant's environmental study to evaluate the potential of encountering hazardous materials within the project boundaries. Ninyo & Moore's scope of services is presented below Phase I ESA Review The purpose of Ninyo & Moore's Phase I Peer Review will be to develop an opinion regarding the likelihood of significant, unidentified environmental conditions at the site. To accomplish this, Ninyo & Moore will review the Phase I ESA report submitted by the Project Applicant to the City. Upon completion of Ninyo & Moore's review, a letter report will be prepared that summarizes findings regarding potential impact to the site from issues identified in the report. If Ninyo & Moore's review suggests that additional site assessment would be beneficial to understanding the environmental condition of the site, Ninyo & Moore will provide a scope and fee to perform a subsurface investigation. The services for the peer review of the Phase I ESA will include the following tasks: • A site visit to visually evaluate site characteristics for possible contaminated surface soil or surface water, improperly stored hazardous materials, possible sources of polychlorinated biphenyls (PCBs), and possible indications of site contamination from activities at the site. 'nV L S A �SA k", s,. 17 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report • A site vicinity reconnaissance to evaluate characteristics of adjacent properties for possible environmental influences on the site. Properties within and adjoining the site will be visually evaluated from public rights-of-way only. • Review of the database search provided in the Phase I ESA of readily available government and regulatory agency environmental listings. Review of the historical land use of the site provided in the Phase I ESA. • Prepare a letter report that provides a discussion of findings and conclusions as to the adequacy of any mitigation measures regarding the current environmental condition of the site and recommendations for supplemental assessment, as appropriate. S d: HYDROLOGIC REPORT PEER REViEW LSA has included Fuscoe Engineering, Inc. (Fuscoe) on the Project Team to conduct a peer review of the hydrology and water quality technical documents already prepared by the Project Applicant. Hydrology & Hydromodification review Using the most current Hydromodification Management Plan (October 2012), Fuscoe will conduct a peer review of the project's approach to hydromodification and flood control requirements. Fuscoe will also review the South Orange County Hydrology (SOHM) Model results and flow duration curves to determine compliance with flow duration requirements. The peer review will confirm the capacity of the downstream flood control facilities in order to show that the peak -flow runoff from the project site is adequately controlled. Water Quality Management ent Plea Review Fuscoe will provide a peer review of the preliminary WQMP, including a review of the proposed Low Impact Development (LID) features consistent with the most current WQMP. Fuscoe will evaluate the size and design of the features in relation to the required design capture volume, and evaluate adherence to the LID hierarchy requirements of the WQMP and Technical Guidance Document. Fuscoe will also incorporate the WQMP Checklist as part of the peer review and provide a written summary of the review, including the checklist comments. TASK 2.10: VISUAL -AESTHETIC VISUAL—AESTHETICIMPACT ANALYSIS LSA has included VSI on the project team to prepare five view simulations for the development of the proposed Spieker Senior Development Project. LSA anticipates view simulations from the following five locations: 1. Southwestern view from Alipaz Street 2. Northern view from Via Positiva L S Ato r_Sa Ass0t;�6z.. INC. k . ,r Q 18 City of San Juan Capistrano Spieker Senior Development-~ k Environmental impact Report 3. Eastern view from Del Obispo Street 4. Southwestern view from Mariners Church and adjacent community 5. Northwestern view from Alipaz Street Photographs for the view simulations will be taken during standard daytime hours. View simulation details will include the project site, site grade, project buildings, and landscaping, and will be developed based on provision of the Applicant's design drawings. VSI will utilize a global positioning system (GPS) and photographs to ensure accurate alignment of the view simulations. The proposed buildings will be created in detail, and people and cars will be included in the view simulations, where applicable. The compatibility of proposed on-site development with surrounding properties will be assessed, and any potential change in views will be described. The proposed development will be analyzed to determine any substantial changes to the visual character of the study area as well as potential light and glare impacts. I.SA ASSOCIATES, INC 19 uh 0 4P City of San Juan Capistrano Spieker Senior Development . Environmental Impact Report 3.0 ENVIRONMENTAL O CUM T TASK 3.1z NOTICE OF PREPARATION/SCOPING Notice of Preparation LSA will prepare a Notice of Preparation (NOP) for the proposed project per Section 15082 of the State CEQA Guidelines. The NOP will include a project description, the topics to be evaluated in the EIR, and the process for completing the EIR. LSA will revise the NOP in response to the City's comments and finalize the notice for public review. Distribution of to NOP LSA will copy and distribute up to 20 hard copies and 50 electronic copies (on CDs) of the NOP. LSA will distribute the NOP to the OPR, responsible and trustee agencies, and interested parties identified on the City's mailing list. The City will be responsible for placing an ad in a local newspaper and posting the NOP on the City's website. scoping LSA, in consultation with the City, will hold a public scoping meeting during the 30 -day NOP public review period. Although City staff will administer the scoping meeting, LSA staff will be available to provide explanation of the CEQA process and answer questions related to the scope of the EIR. Following the 30 -day NOP review period, LSA will prepare a summary of issues raised by public agencies, residents, business owners, and other interested parties. This summary will identify any new applicable issues to be incorporated into the EIR and determine whether any additional analysis, outside of this scope of work, is necessary for completion of the EIR. TASK 3.2: SCREENCHECK EIR LSA will prepare a Screencheck EIR for review by the City in accordance with the requirements of CEQA and the State CEQA Guidelines. The detailed technical investigations and methodologies for each environmental topic are previously described in further detail in this proposal under Task 2.0, Technical Studies/Reports. To the extent feasible, existing information will be utilized to develop baseline conditions. The Screencheck EIR will contain all applicable environmental components required by CEQA, including: Introduction, Background, Project Description/Characteristics/Phasing, and Discretionary Approvals; Setting, Impacts (Project and Cumulative), Mitigation, and Level of Significance; and mandatory CEQA topics (e.g., Growth Inducement), Alternatives, Lists of References, Persons Consulted, and EIR Preparers. The Executive Summary impact table and draft Mitigation Monitoring and Reporting Program (MMRP) will not be provided with the Screencheck EIR, but will be submitted for the City's review with the Public Review Draft EIR once the level of environmental impacts is agreed upon and the mitigation z � 'L S A g 20 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report e�� measure language is close to being finalized. The EIR that is submitted to the City will be in Screencheck form, reflecting LSA internal review and quality control. Each topic in the Screencheck EIR will include a discussion of the existing setting, thresholds of significance, project analysis, cumulative impacts, mitigation measures (if necessary), and level of significance after mitigation. The EIR will compare the existing setting to the post -project environmental setting. Mitigation measures will be identified to address potentially significant impacts. Each section will discuss the potential short-term environmental impacts associated with project construction, the long-term effects associated with project operation, and the cumulative impacts associated with implementation of the proposed project. LSA proposes to analyze at least three (3) feasible project alternatives, including the No Project/No Development Alternative required by CEQA, as well as other alternatives developed during the environmental analysis process. The Alternatives section will also include a statement identifying the environmentally superior alternative. After reviewing the Screencheck EIR, City staff will forward comments to LSA. This scope of work assumes two rounds of review of the Screencheck EIR. Comments received from the City must be consolidated (i.e., LSA must receive one set of non -conflicting consolidated comments per round). Additional budget may be necessary if the review exceeds two rounds or if LSA receives multiple sets of comments. Three (3) bound copies, one (1) unbound reproducible, and one (1) digital copy of the Screencheck EIR will be submitted for review by City staff. City staff will reconcile any discrepancies between internal staff comments prior to forwarding one consolidated set of comments to LSA. TASK m LIC REVIEW W ` R AFT EIR After receiving comments from City staff on the Screencheck EIR, LSA will make the necessary revisions to the document, including completion of the Executive Summary impact table and the Draft MMRP. LSA will provide two (2) preprint versions of the Public Review Draft EIR to City staff for a limited final review prior to printing the Public Review Draft EIR. The purpose of this review will be to review the entire document with all appendices, technical reports, and the MMRP, and to verify that the City is satisfied with the Public Review Draft EIR. Prior to completion of the Public Review Draft EIR, LSA will work with the City to update the distribution list for the NOP, as needed; compile the distribution list; and prepare a draft Notice of Completion (NOC) for City review and signature and a draft public Notice of Availability (NOA) of the Public Review Draft EIR. The City will be responsible for coordinating noticing requirements, including publication of notices in news publications and on the City's website. LSA will reproduce and distribute the NOC and Public Review Draft EIR to the State Clearinghouse and Responsible Agencies as well as the NOA to interested parties. s L S A 21 City Of San Juan Capistrano Spieker Senior Development Environmental impact Report In order to reduce reproduction and distribution, copies of the Public Review Draft EIR and appendices will be provided primarily on CDs as Portable Document Format (PDF) files. LSA will provide the City with 10 bound copies, one (1) unbound reproducible, and 75 digital copies (or other electronic version, as determined by the Project Manager) in addition to the 15 copies required to be sent to the State Clearinghouse (which will be produced as PDF files on CDs accompanied by 15 hard copies of the Executive Summary). In addition, LSA will distribute one (1) hard copy of the complete Public Review Draft EIR and appendices to the local library for public review. TASK 3.4-. CERTIFIED FINAL EIR The Final EIR will consist of three volumes. The Public Review Draft EIR and technical appendices will constitute Volumes I and II, and the documentation described below will be included in Volume III. Staff reports and resolutions related to the proposed project and EIR will be prepared by the City. Responses to Comments, Findings of Fact, and the Draft Statement of Overriding Considerations (if necessary) will be prepared by LSA. Responses to mmf After the close of the public review period, the LSA Team will work with the City to determine responsibilities for preparing responses to the comments received on the Public Review Draft EIR that raise substantive environmental issues. General responses will be prepared for significant repetitive comments. LSA's objectives for the responses to comments are to: (1) be aggressive in establishing a strategy and determining responsibilities in order to maintain the schedule and minimize later revisions; (2) prepare a document that is well organized and usable by all parties, including the public; and (3) adequately respond to all comments. Although the focus of the response will be those comments that are truly subject to CEQA review, LSA will also endeavor to answer all questions in an informative manner. Providing a budget estimate for responding to comments on the Public Review Draft EIR is extremely difficult because it is impossible to predict the volume and nature of the comments. The following estimate is based on LSA's knowledge of the project and projections of the volume and nature of the comments received. Significant new analysis is not included in this task at this time. LSA has allocated 80 hours of professional staff time and 24 hours of word processing time to organize, prepare, and compile the Response to Comments document. However, this estimate may need to be revisited once the comments are submitted and reviewed by the City and LSA, and their actual number and nature are known. Following finalization of the Responses to Comments, LSA will provide the City with two (2) bound copies of the Responses to Comments and will distribute the document in PDF format on CDs to any agency that submitted written comments on the Public Review Draft EIR. � 6 t� y � Fa: L S A ,,S:3 fjis l.r. I !\i; 22 413 ter: City of San Juan Capistrano Spieker Senior Development Environmental Impact Report Following City review of the Responses to Comments, LSA will prepare a Proposed Final EIR that will consist of: (1) the MMRP (discussed below); (2) comment letters and responses; and (3) any modifications that may be needed to the Public Review Draft EIR document (to be accomplished through preparation of an errata document). LSA will be responsible for the production of up to two (2) bound copies, one (1) unbound reproducible, and one (1) digital copy of the Final EIR for the City for use during the EIR certification process. Mitigation Monitoring and Reporting Frogs As part of the Final EIR, LSA will prepare a Final MMRP pursuant to CEQA Public Resources Code (PRC) Section 21081.6. The MMRP is intended to ensure compliance with mitigation measures through project completion and during any monitoring that may be required after project completion. The monitoring program will contain an inventory of mitigation measures, timing for implementation (e.g., prior to issuance of grading permits), the responsible staff or agency assigned to monitor the condition, and a compliance/noncompliance statement. The Draft MMRP will be submitted to the City for review and comment. The approved Final MMRP will be attached to the City's resolutions for consideration by the City Planning Commission and City Council. Findings of Fact and Statement of Overriding Considerations LSA will prepare a draft Findings of Fact and Statement of Overriding Considerations (if required) summarizing the findings and mitigation measures contained in the Final EIR. The draft Findings of Fact and Statement of Overriding Considerations will be prepared and delivered to City staff in electronic format for one round of review. The draft Findings of Fact and Statement of Overriding Considerations will then be revised and submitted for legal counsel review and finalization by the City. This document is separate from the Final EIR. A L S A 23 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report PROJECT4.0 T This task represents an active project management role and includes attendance at various project meetings and coordination with agencies and interested parties. The project management role provides a mechanism to ensure there is an adequate exchange of information during project startup and preparation of the EIR. This task includes notifying the City of problems as they are encountered and working expeditiously to resolve them. Important elements of this task will be to maintain the project schedule, oversee the budget, and coordinate efforts with other consultants. To facilitate dissemination of information, LSA's Project Manager will maintain ongoing verbal and email communication with the City and its staff. The following table is a preliminary estimate of LSA's attendance at periodic project team meetings and public meetings during the environmental review process, as described in Tasks 3.1 through 3.4 above. The budget anticipates attendance by one or two LSA staff members at each meeting. During the environmental documentation process, LSA will monitor the number of meetings it attends to determine actual compliance with this estimate. Any additional meetings beyond those identified below will be with the approval of the City. Meeting Type Quantity Project Orientation/Kickoff (1 hour) 1 Scoping Meeting (3 hours) 1 Project Status Meetings (1 hour each) 2 Planning Commission Hearings (3 hours each) 2 City Council Hearings (3 hours each) 2 Total 8 DELIVERABLES LSA proposes to prepare and submit the deliverables as presented below: • OP; Up to twenty (20) hard copies and fifty (50) digital copies. • Screencheck EIR: Three (3) bound copies, one (1) unbound reproducible, and one (1) digital copy • Public Review Draft EIR with Technical Appendices: Ten (10) bound copies, one (1) unbound reproducible, and seventy-five (75) digital copies or other electronic version as determined by the Project Manager. • Public Review Draft EIR. to State Clearinghouse: Fifteen (15) digital copies and fifteen (15) hard copies of the Executive Summary. • Response to Comments: Two (2) bound copies and digital copies to any agency that submitted written comments on the Public Review Draft EIR • Certified Final EIR: Two (2) bound copies, one (1) unbound reproducible, and one (1) digital copy containing all information required herein L S A £�, ,'_ 24 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report • Notices: Copies of the required notices posted with the County Clerk and State Clearinghouse • Findings of Fact and Statement of Overriding Considerations (if required) NOTICES LSA shall prepare and post all required notices with the County Clerk and the State Clearinghouse, including: • Notice of Preparation: LSA shall prepare and mail the NOP to all public agencies and interested parties using the mailing list developed in conjunction with the City. • Notice of Availability: LSA shall prepare and submit the NOA to the County Clerk's Office in Orange County. The NOA of the Public Review Draft EIR must be posted for 30 days in the office of the County Clerk. • Notice of Completion- LSA shall prepare the NOC and submit it with the required number of digital copies of the Public Review Draft EIR with Technical Appendices and the required copies of the Executive Summary to the State Clearinghouse. • Notice of Fee Exemption: In the event the Public Review Draft EIR concludes there are no impacts to biological resources and the project qualifies for an exemption from payment of the California Department of Fish and Wildlife (CDFW) fee, LSA shall prepare and submit a request for fee exemption to CDFW when the Draft EIR is released for public review, or as early as possible in the public comment period. • Notice of Determination (NOW: The consultant shall prepare and post the NOD with the County Clerk -Recorder within 5 days of the City's certification of the Final EIR. However, the payment of any CDFW fee, if required, will be the responsibility of the Project Applicant. LSA Ss',O ,IAFUs. INC. 25 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report PROJECT5.0 LE 0 The following schedule takes into consideration key factors such as the timely receipt of project information by LSA, the extent of comments received on the Public Review Draft EIR, and/or consolidated and non -conflicting set of comments by City Staff. It should also be noted that several of the tasks listed below would occur concurrently. Spieker Senior Development EIR Schedule Tasks Duration Project Initiation/Project Description: Kickoff Meeting 1 Day Prepare Draft Project Description 1 Week City Review of Project Description 1 Week Total 2 Weeks NOP/Scoping: Preparation of Administrative Draft NOP 1 Week City Review of Draft NOP 1 Week Final LSA Revisions to Draft NOP; Production and Distribution of NOP 1 Week Public Review of and Comment on NOP 30 Days Scoping Meeting 1 Day Total 7 Weeks Technical Analyses (Prepared Concurrently with NOP Tasks): Traffic Impact Analysis 6 Weeks Air Quality Impact and Greenhouse Gas Analysis 6 Weeks Noise Impact Analysis 4 Weeks Biological Resources Memorandum 4 Weeks Cultural Resource Report 4 Weeks Paleontological Report 4 Weeks Geotechnical Report Peer Review 4 Weeks Hazards Report Peer Review 4 Weeks Hydrologic Report Peer Review 4 Weeks Visual -Aesthetic Impact Analysis 4 Weeks Total 6 Weeks Screencheck EIR (Preparation of Several Tasks Overlap): Preparation of Screencheck Draft EIR 7 Weeks City Review of Screencheck Draft EIR 2 Weeks LSA Revisions to Screencheck Draft EIR 2 Weeks Total 11 Weeks Public Review Draft EIR: Preparation of Public Review Draft EIR 2 Weeks City Review of Public Review Draft EIR 2 Weeks LSA Revisions to Public Review Draft EIR 1 Week City Final Review of Revised Public Review Draft EIR 3 Days Final Revisions to and Production of Public Review Draft EIR for Public Review 1 Week Public Review Draft EIR Submitted to State Clearinghouse; 45 -day Public Review 45 Days Total 12 Weeks L S A 26 r � Y City of San jUan Capistrano , Spieker Senior Development � 4 Environmental Impact Report Spieker Senior Development EIR Schedule Tasks Duration Certified Final EIR (Preparation of Several Tasks Overlap): Preparation of Draft Responses to Comments 2 Weeks City Review of Draft Responses to Comments 2 Weeks LSA Revisions to Responses to Comments 1 Week LSA Preparation of MMRP, Errata, Findings of Fact, and SOC 2 Weeks City Review of MMRP, Errata, Findings of Fact, and SOC 1 Week LSA Revisions to MMRP, Errata, Findings of Fact, and SOC 1 Week Final Revisions to Final EIR 1 Week Reproduction of Responses to Comments and Final EIR 1 Week Distribution of Responses to Comments to Commenting Agencies 10 Days Prior to Hearings Public Hearings (Planning Commission and City Council) TBD Total 8 Weeks Complete EIR Schedule Approximately 38 Weeks EIR = Environmental Impact Report MMRP = Mitigation Monitoring and Reporting Program NOP = Notice of Preparation SOC = Statement of Overriding Considerations F � x3' 3K uz L S A 27 f o I City of San Juan Capistrano Spieker Senior Development' Environmental impact Report .0 RELEVANT PROJECTPER KEY TEAM PERSONNEL As requested by the RFP, provided below is a sampling of select projects completed by the Project Manager and key staff that are similar to the proposed project. The sample projects are followed by a brief experience summary of the Project Manager and key staff members assigned to the project. The key staff members who will participate in and contribute to the preparation of the environmental document have extensive experience preparing environmental documents and technical studies in accordance with CEQA requirements. Working under the direction of Project Manager Ashley Davis, each key team member will be responsible for responding to project needs in his/her area of expertise and will direct qualified supporting staff as necessary to assist in completing specifically requested assignments. Through submission of this proposal, LSA guarantees that the key team members and, most importantly, Principal in Charge Frank Haselton and Ms. Davis, the Project Manager, will remain assigned to this project for the length of the contract. Ongoing and frequent communication between the Project Manager and City staff is the primary vehicle for early identification of emerging project issues and their solutions in order to minimize schedule impacts. LSA staff will be available and easily accessible to the City for daytime and evening meetings as required. RELEVANTJE ` EXPERIENCE Senior Residential Apartments is/MND Location: Costa Mesa, California Key Staff= Astley Davis LSA prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for a 230 -unit Senior Residential Community Project located on a 7.55 -acre site in the City of Costa Mesa. The IS/MND analyzed the environmental effects of the proposed project, which included 230 senior housing units,' 258 parking spaces, related infrastructure, and recreationalrk amenities. Proposed construction included two buildings that .. were two to four stories high with common outdoor amenities and parking areas. Discretionary actions associated with the proposed project included a rezone of the commercial site from C -1S (Shopping Center) and C2 (General Business) to PDC (Planned Development Commercial), a Master Plan for the new development of a senior apartment complex, and a variance request to designate private outdoor patios/balconies as exempt from the City's Noise Ordinance. Primary environmental issues of concern included geotechnical/soils analysis, noise, and aesthetics/visual impacts due to the project being immediately adjacent to existing residential uses. The City Council adopted the IS/MND and approved the project in November of 2010. 1.:*h SASSOCIATU.,, IN' 92 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report South Shores Church EIR Locatiow Dana Point, California Key Staff: Ashley Davis, Frank Haselton, and Deborah McLean Melrose Triangle EIR Location- West Hollywood, California Key Staff: Ashley Davis, Leo Simone, and Tony Chung, Ph.D, Al A ,,'1,! I 0'� S A : IC J, !NC 29 City ufSari Juan Capistrano Office Project. The project included the construction and operation of single -story, approximately Spieker Senior Development would include Environmental Impact Report Phase 1 became Dana Point Harbor Marina Improvement Project Subsequent BR Location: Dana Point, California Key Staff: Ashley Davis, FrankHase|ton LSA recently oomo�tedprepara�onofthe3ubsequentE�Rfnr . the waterside component (Marina Improvements) of the Dana Point Harbor Revitalization_ Proiect_ The --untv of Orange developed a plan to upgrade, refurbish, and expand existing harbor facilities to meet the current and projected needs of merchants and harbor visitors. A Program Final BR was prepared for the overall Harbor Revitalization Project (|and»ide and waterside areas) and certified by the County Board of Supervisors on January 31' 2006. The Marina Improvement Project, recently managed by W1o. Davis, had oeen evaluated az a pvexmmany, or program, /eve/ in znaz Final E|R.The Subsequent E|Rwas required tnfocus on significant effects not discussed in the previous Program Final E|K.The Subsequent E|Raddnessed the impacts of replacing all slips, docks, and pilings within the Harbor and focused on compliance with California Coastal Ac (CCA) policies, marine biological resources, hydrology and water quality issues, and cumulative impacts related to construction activities. The Subsequent EIR was certified by the County Board of Supervisors on December 11, 2012. Blue Mountain Senior Villas EIR Location: Grand Terrace, California LSA Staff: Lynn Hayes In response to u legal challenge, the City of Grand Terrace contracted LSA to prepare an E|R for a proposed senior' oriented residential/recreation facility. The proposed development includes atwo'story, 120'unitsenior residential facility totaling approximately 100000 sf, an approximately 7,800 sfone'story senior center, and on approximately Z.6' acre passive park. Issues assessed in the E|R included �.—~� ,���~�m�n_—~^-~— � wr — ' �- aesthetics, quality, qua|i�noise, land use and planning, popu|ation, and housing. The E|R process received vigorous attention from local citizens. During the environmental documentation for this project LSA became well acquainted with neighborhood and community concerns. Kaiser Permanente Medical Office Location- Lake Forest, California = u LSA Staff: Nicole Dubois KA!SE8PERK8ANENTE° LSA was responsible preparing an |5/IVIND and technical studies for the Kaiser Permanente Medical Office Project. The project included the construction and operation of single -story, approximately 36,022 sf medical office building proposed to be developed in two phases. The first phase would include development and operation of approximately 21,531 sf of medical office space. Phase 1 became L S A LS^ASSop^zu, INC. 30 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report operational in April 2013. The second phase includes development and operation of an additional 14,491 sf of medical office space. At build out, the medical facility will include 24 offices, an outpatient pharmacy, a laboratory, an imaging/radiology center, administrative offices, and storage. As part of the preparation of the environmental documentation for this project, LSA prepared air quality, noise, and GHG technical analyses. LSA also conducted a biological survey of the project site and provided archaeological and paleontological monitoring during construction. The project and the IS/MND were approved by the City Planning Commission in November 2011. Other Representative: Projects Prepared by LSA La Pata Avenue Gap Closure and Camino Del Pio Extensions Project Locations: San Juan Capistrano, California LSA Staff: i es Card, Angie Kung LSA managed a team consisting of a project engineer, three geotechnical consultants, a traffic consultant, a utility consultant, and a public relations firm to prepare technical studies, a Project Report, and an EIR to complete two links on the Master Plan of Arterial Highways. The project would extend La Pata Avenue through the Prima Deshecha Landfill, under electric transmission lines, and between the communities of Talega and Forster Ranch. The project would also extend a local roadway to intersect with the new arterial. The project's location required extensive coordination with Orange County (OC) Public Works, OC Waste and Recycling, OC Parks, Southern California Edison, San Diego Gas and Electric, the City of San Clemente, the City of San Juan Capistrano, and local residents. A previous effort to establish a preferred alignment was not successful in forging consensus among all of the interested parties. Preparation of technical studies included a biological assessment. LSA conducted floristic -level plant surveys, general wildlife surveys, jurisdictional delineation, and habitat mapping. LSA prepared presentations for public meetings, presentations to local homeowner associations, and updates to the County of Orange 5th District Supervisor. LSA shepherded the project through the process resulting in: a new alignment accepted by the majority of local homeowners, an approved Project Report, and a certified EIR. Following the successful completion of the preliminary design and CEQA work, LSA was awarded a second contract to prepare a National Environmental Policy Act (NEPA) document to enable the procurement of federal funding and to process the regulatory permits for construction of the road improvements. This work is currently underway in close coordination with OC Waste & Recycling. 34202 Del Obispo Street Project EIR Location; Gana Paint, California LSA Staff: Ashley Davis, Alyssa Helper LSA is currently contracted with the City of Dana Point to address potential environmental impacts associated with the construction and operation of the 34202 Del Obispo Street project. The project 31 L S A 31 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report proposes to develop a currently vacant site with a mixed-use development consisting of approximately 169 residential condominium units, 2,471 square feet of commercial uses, and a 0.45 -acre park. The proposed project is located in the California Coastal Zone and is adjacent to commercial, residential, and recreation uses. LSA is responsible for providing oversight on CEQA compliance, and ensuring that the EIR addresses any potential project impacts and includes mitigation to address impacts. Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Location San Juan Capistrano, California LSA Staff: Debbie McLean, Logan Freeberg, Ivan Strudwick As part of a personal services agreement for on-call archaeological and paleontological monitoring with the City of San Juan Capistrano, and in compliance with CEQA, LSA has recently completed monitoring for the Del Obispo Widening Project. The project consisted of widening Del Obispo Street from Alipaz Street to Paseo Adelanto. Widening included the addition of one traffic lane in the westerly direction, as well as burying plastic conduit for running underground utilities, excavation for locating previous utilities, excavation of bioswales for control of precipitation runoff during construction, and moving of curbs and sidewalks. The project occurred along Del Obispo Street on both sides of Trabuco Creek at the intersections of Alipaz Street and Paseo Adelanto. No archaeological or paleontological resources were observed during the course of the project. State Route 74 -- Lower Ortega Highway Widening EIR Location- San Juan Capistrano, California LSA Staff: Deborah Praciflo, King ,rhornas, Jayna Harris, Angie. Kura; LSA prepared an EIR to address the Lower Ortega Highway Widening project. The project will widen Ortega Highway (State Route 74 [SR -74]) from two to four lanes (adding one lane in each direction) through the City of San Juan Capistrano from Calle Entradero to the City/County line, a distance of 0.9 mile,. The EIR addresses the comments received by Caltrans during public review of the previous MND prepared by Caltrans in addition to comments received during public review of the Draft EIR prepared by LSA. Updated technical studies that LSA prepared in support of the EIR include a Hazardous Waste Initial Site Assessment (ISA), Supplemental Natural Environment Study (NES), Noise Analysis, and Air Quality Analysis. The Visual Impact Analysis was prepared by RBF Consulting as a subconsultant to LSA. The Final EIR was approved by Caltrans in November 2009. Caltrans has entered into a settlement agreement with the City of San Juan Capistrano and the Hunt Club Community Association regarding the Lower Ortega Widening Project. The City is currently working on securing funding for the design phase of this project. St. Margaret's Episcopal School and Church Expansion Location: San Juan Capistrano, California LSA Staff, Ashley Davis LSA prepared a Draft IS/MND for the St. Margaret's Episcopal School and Church Expansion. The proposal included a new master site development plan, including architectural design concepts for new buildings and additions, alternative development standards for building heights, and a shared parking agreement. The project proposed partial demolition of certain existing buildings and construction of new buildings, or building additions, with a total 282,392 gross square feet of building area. The A-P �' L S A f, ..��W (.SA ASSOCTATUS, INC r ri Al 32 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report proposed project included a planned capacity of 1,307 students, which is an increase of 151 students over existing levels, and an increase of current staff from 210 to 225 staff members. Primary issues of concern addressed in the IS/MND included visual/aesthetic impacts, cultural resources, and traffic. interstate 5 MOV bane Extension Project Location: San Juan Capistrano, San Clernente., and Lana Point, California Project Staff. Deborah Pracilio, Jayna Harris LSA was the environmental task lead for the IS/EA. The Orange County Transportation Authority (OCTA) and Caltrans propose improvements on Interstate 5 (I-5) from 0.1 mile south of the Avenida Pico Undercrossing (UC) (Post Mile [PM] 3.0) to 0.1 mile south of the San Juan Creek Road UC (PM 8.7) in the Cities of San Clemente, Dana Point, and San Juan Capistrano. The project proposes to extend the high - occupancy vehicle (HOV) lanes in both directions on 1-5 from the existing terminus near State Route 1 (SR -1) (PM 8.691) to Avenida Pico (PM 3.279). In addition, the proposed project would construct auxiliary lanes at various locations and improve several existing on- and off -ramps to address the traffic demand and improve operations. The MND/Finding of No Significant Impact (FONSI) identified Alternative 4 with Design Option A as the Preferred Alternative. Design of the Preferred Alternative will be complete in mid -2013. Construction between San Juan Creek Road and Avenida Vista Hermosa will start in 2013 and be completed in 2015, and construction between Avenida Vista Hermosa and Avenida Pico will start in 2014 and be completed in 2017. An organizational chart of key staff is provided on the following page. FRANK HASELTON, LSA Principal in Charge Mr. Haselton specializes in large, mixed-use land use projects characterized by sensitive environmental and community issues. He has a successful history of resolving issues and potential conflicts among the project proponent, regulatory agencies, and the community through responsible design and effective communication. Mr. Haselton has over 32 years of professional planning experience. He has practiced in both the private and public sectors, providing his clients with a broad and valuable background. AsHiEY DAVis,, LSA Project Manager Ms. Davis contributes to project planning for large land use proposals and development projects. Her primary responsibilities include preparation and management of environmental documents pursuant to CEQA. She believes in developing strong client relationships through ongoing communication and has assisted and managed the preparation of environmental planning documents at LSA for over 16 years. Ms. Davis' most recent relevant project experience includes: Banning General Plan Amendment EIR, Dana Point Harbor Marina Improvement Project EIR, Melrose Triangle EIR, and Mesa Verde Senior Residential Community Project IS/MND. 4 -�14'Py�h• L S A $f! r+ _ F K .:✓ 33 d -a h+ � t U ? n E s. 9J Pl O O M- C L.% Ln W a City of San Juan Capistrano` Spieker Senior Development 3 Environmental Impact Report TONS CHUNG, PH.D., LSA Air Quality/Moist Dr. Chung has performed more than 900 CEQA/NEPA-related and stand-alone noise studies for community noise analyses, including field measurement, modeling, and data analysis. Typical noise analysis includes construction, vehicular traffic, and long-term stationary -source operations. Dr. Chung performed more than 700 air quality studies for projects such as transportation facilities, landfills, office buildings, and ocean bay enhancement/sediment management projects. Dr. Chung also guides LSA's response to global climate change analysis. He monitors State and federal standards, case law, and scientific research to ensure that LSA's analyses reflect the rapid changes in this evolving field. Dr. Chung works with clients to develop a customized approach to global climate change analysis that not only meets, but anticipates, regulatory expectations. DEBORAH McLEAN, RISA, LSA Cultural Resources Ms. McLean is responsible for coordinating and directing archaeological projects in compliance with NEPA, CEQA, and National Historic Preservation Act (NHPA) Section 106. Ms. McLean oversees laboratory operations, prepares technical reports, and has been with LSA since 1993. Ms. McLean's field and laboratory experience includes 8 years of prehistoric and historic archaeology in California. She has laboratory experience with prehistoric and historic archaeology collections from various parts of the United States, including extensive work with California archaeological and paleontological collections. Ms. McLean provides Principal oversight and review of cultural documents produced by the Irvine office and assists with review of cultural documents produced by other LSA offices. Jim HARRISON, LSA Biological Resources As a Principal and Senior Botanist in LSA's Irvine office, Mr. Harrison is primarily responsible for botanical assessments, including floristic inventories, rare plant surveys, vegetation/habitat classification and mapping, impact analyses, and mitigation planning. He has been with LSA since August 1994, and his botanical expertise has involved a wide variety of native plant species and communities throughout Southern and Central California. Mr. Harrison also has extensive experience working with various resource and regulatory agencies to analyze impacts and recommend mitigation measures as part of CEQA/NEPA documentation for numerous private- and public -sector projects. Mr. Font provides overall strategic responsibility for VS], a visualization firm that creates extraordinary imagery, highly accurate simulations, virtual tours, and interactive sales office solutions for the building industry and abroad. Specializing in the production of highly accurate and incredibly photorealistic still image renderings, visual simulations, animations, and interactive presentations, the company's expertise lies in providing the visual tools needed throughout all stages of development, from planning, U L S A - a,w_�&A r;cr . Nc. LIZ - 35 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report OfD municipality work, and entitlement to marketing and sales. Mr. Font's passion for the building industry began when his father joined Pardee Homes in 1972, an Award Winning Builder of New Homes in California and Nevada. At an early age, Mr. Font found his strengths in art, architecture, business marketing, and technology. While working with his father, Mr. Font attended the University of Southern California and received his Bachelor of Architecture degree in 1992. He joined his brother Joe in co-founding VSI. VSI will be assisting with the visual aesthetics for this project. MICHAEL ROGERs, NIN'YO & MOORE Solls/ eotechnical Michael Rogers is a Senior Project Geologist responsible for providing geotechnical consulting services and project management for public works, commercial, and residential projects. He performs geologic and seismic hazard evaluations, provides geotechnical design services, and conducts forensic evaluations for a variety of projects throughout California. Mr. Rogers' project experience includes water treatment plants, power generating facilities, transmission lines, pipelines, renewable energy projects, commercial properties, and commercial and residential buildings. He conducts geologic field evaluations (including detailed logging of borings, rock cores, and trenches), analyzes site geologic conditions and potential geologic hazards, and develops recommendations for site preparation and mitigation of adverse conditions. Mr. Rogers will be available for peer review of the soil and geotechnical report. JOHN JAY ROBE€ Ts, NINYO & M0071 Soils/Geotechnical As a Senior Geologist, John Jay Roberts has extensive experience performing environmental and geotechnical investigations of commercial and industrial properties and environmental site assessments of school sites, including Phase I, Preliminary Environmental Assessments (PEAS), Supplemental Site Investigations (SSIs), Removal Action Workplans (RAWs), Remedial Action Plans (RAPS), and Operations and Maintenance (0&M) plans. Mr. Roberts has completed characterization, remediation, and human health assessments on numerous properties. He has prepared successful applications for Brownfields clean-up grants and managed and performed hydrogeologic investigations, groundwater resource evaluations, and water supply studies. He also provides expert witness and litigation support for environmental, geotechnical, and mining matters. Mr. Roberts will be available for peer review of the soil and geotechnical report. IAN A3Am, FuscOE Hydrologic Report Mr. Adam is a firm Principal and Fuscoe's Storm Water Management team leader. His specialty is water resources, with an emphasis in water quality regulations and Resource Agency interaction. His emphasis in storm water regulations and water quality BMP design has served as a valuable resource for cities, private developers, and public entities. Mr. Adam is currently working as the storm water consultant to several cities in Orange County for the development and implementation of and training on numerous storm water programs. He regularly interacts with the Regional Water Quality Control Board (RWQCB) c%� City of San Juan Capistrano Spieker Senior Development Environmental Impact Report and County of Orange on water quality issues, grant opportunities, and LID solutions. Mr. Adam will be available as -needed for water quality support. Project Manager Resume As requested in the RFP, a one-page resume of the proposed Project Manager for this project, Ashley Davis, is provided on the following page. L LSA 4\SSOCTA ES, INC 37 ASHLEY DAVIS ASSOCIATE EXPERTISE Environmental Impact Assessment California Coastal Act Policies EDUCATION University of California, Irvine, B.A., Social Ecology, 1982. PROFESSIONAL ORGANIZATIONS/ MEMBERSHIPS Association of Environmental Professionals PROFESSIONAL EXPERIENCE Associate, LSA Associates, Inc., Irvine, California, 1983-1987; 2002—present. Intem/Assistant Planner, City of Irvine, Irvine, California, 1982-1983. PROFESSIONAL RESPONSIBILITIES Ms. Davis contributes to project planning for large land use proposals and development projects. Her primary responsibilities include preparation and management of environmental documents pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). PROJECT EXPERIENCE Senior Residential Apartments IS/MND Costa Mesa, California Ms. Davis served as the Project Manager and prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for this 230 -unit senior residential community project located on a 7.55 -acre vacant site in the City of Costa Mesa. South Shores Church Dana Point, California LSA is contracted with the City of Dana Point to address potential environmental impacts associated with the construction and operation of the South Shores Church Master Plan. As Project Manager, Ms. Davis is responsible for providing oversight on CEQA compliance and ensuring that the Environmental Impact Report (EIR) addresses project impacts and includes mitigation to address these impacts. Dana Point Harbor Marina Improvement Project Dana Point, California Ms. Davis managed the completion of the Supplemental EIR (SEIR) for the waterside component (Marina Improvements) of the Dana Point Harbor Revitalization Project. A Program Final EIR was prepared for the overall Harbor Revitalization Project (landside and waterside areas) and certified by the County Board of Supervisors on January 31, 2006. The SEIR addressed the impacts of replacing all slips, docks, and pilings in the harbor and focused on compliance with California Coastal Act (CCA) policies, marine biological resources, hydrology and water quality issues, and cumulative impacts related to construction activities. The SEIR was certified by the County Board of Supervisors on December 11, 2012. Melrose Triangle West Hollywood, California Ms. Davis is managing preparation of the EIR for this approximately 300,000 - square -foot, mixed-use development in West Hollywood. Technical work performed by the LSA Team includes view simulations, a traffic impact analysis, an air quality analysis, a greenhouse gas analysis, a noise analysis, a biological constraints analysis, a cultural resource assessment, and a paleontological assessment. LSA has made recommendations to the City of West Hollywood and the applicant for needed technical work related to drainage, water quality, soils, and groundwater management in order to prepare a comprehensive EIR. Banning General Plan Amendment EIR Banning, California Ms. Davis is currently serving as Project Manager for preparation of an EIR for the City of Banning to amend its General Plan Circulation Element. Topics addressed in the EIR include traffic and circulation, cultural resources (Native American consultation in accordance with Senate Bill 18 requirements), land use and planning, air quality, climate change, and noise. Alternatives being addressed in the EIR include a combination of level of service thresholds with and without the interchange and also with no Interstate 10 (I-10)/Highland Home Road improvements. City of San Juan Capistrano Spieker Senior Development Environmental Impact Report 7�O FEE ESTIMATE LSA proposes to accomplish the tasks described in this proposed scope of work for an estimated total fee of $295,040 for the EIR. This amount will not be exceeded without your authorization. Fees are charged on an hourly basis consistent with LSA's Schedule of Standard Contract Provisions and Billing Rates (provided in Appendix A). Reimbursable expenses will be charged separately per the standard contract provisions. Direct expenses for mileage and meals will be billed on a pass-through basis. Copying and materials will be billed on a cost -plus -10 -percent basis. This fee is based on past experience with the level of effort needed to complete the CEQA process. LSA will aggressively identify strategies for reducing the overall work effort while maintaining the client's objectives and the legal adequacy of the work products. A fee by project task is provided in the table below. EIR Task Description Cost by Task Task 1.0: Project Initiation/Project Description $6,895 Task 2.0: Technical Reports 2.1 Traffic Impact Analysis $40,110 2.2 Air Quality/Greenhouse Gas Analysis $9,660 2.3 Noise Analysis $8,340 2.4 Biological Resources Memorandum $4,865 2.5 Cultural Resources Report $3,625 2.6 Paleontological Resources Report $4,520 2.7 Geotechnical Report Review $6,702 2.8 Hazardous Materials Technical Study Review $7,008 2.9 Hydrology and Water Quality Peer Review $5,347 2.10 Aesthetics/View Simulations $12,940 Task 2.0 Subtotal $103,117 Task 3.0 Environmental Documentation 3.1 NOP/Scoping $9,050 3.2 Screencheck Draft EIR $60,820 3.3 Draft EIR $42,240 3.4 Final EIR $17,920 Task 3.0 Subtotal $144,690 Task 4.0 Project Management & Coordination/Meetings $15,780 LABOR SUBTOTAL $255,822 Reimbursable Expenses* $39,218 Total $295,040 * Reimbursables are based on deliverables as outlined in the RFP. A complete breakdown of costs by position, hourly rate, task, and hours budgeted for each task is provided on the following page. L S A 39 �n a W w LL y ❑ E z ao Qtr d to > o � v 7 N 02- = E N W N ~ F Na, s W U = W N �l11111■1I1,1■1u1111 �I■IVI�It��BI�l I��itl�l !le 11� W LL y o E z mo Q 2 � � o 0 D N =Lu O N O E F P N O Y W y a W N X U) m City of San Juan Capistrano") k Spieker Senior Development ?d Environmental Impact Report - BUDGET SPECIFICATIONS AND REIMBURSABLESTS Direct costs (including outside vendors used for photocopying) are to be reimbursed at cost, unless other arrangements are made in advance and are not included in the hourly fee for professional services provided above. Direct costs can be invoiced separately at the City's request. Appendix A provides LSA's current fee schedule for direct costs. Printing costs are difficult to quantify, since the size and composition (i.e., graphics size and medium) are uncertain at this time. LSA stresses that the cost of reproducing a document is not known until the document is complete. Reproduction of technical reports generally costs approximately $100 per report, and EIRs can range from $135 to over $500 each; therefore, LSA emphasizes that the cost of reproducing a document is not known until the document is complete. For the purposes of the reimbursable estimate provided above, LSA estimates a cost of $250 per draft document (with technical information on CD) and $325 for the proposed final document (Draft EIR and Responses to Comments document in print, with technical information on CD). Reimbursable expenses also include mileage for site visits, team meetings, public meetings, and mailing costs (e.g., overnight delivery for documents at the start of the public review period). In accordance with the RFP, LSA proposes to prepare and submit the deliverables as presented below. Each deliverable below has been identified and discussed within the corresponding task presented in Task 3.0 of this proposal. • IJP: Up to twenty (20) hard copies and fifty (50) digital copies. Screenc:eck Elly. Three (3) bound copies, one (1) unbound reproducible, and one (1) digital copy • Public Review a Draft EIR with Technical Appendices: Ten (10) bound copies, one (1) unbound reproducible, and seventy-five (75) digital copies or other electronic version as determined by the Project Manager • Public Review Draft EIR to State Clearinghouse: Fifteen (15) digital copies and fifteen (15) hard copies of the Executive Summary. • Responses to Comments: Two (2) bound copies, and digital copies to any agency that submitted written comments on the Public Review Draft EIR • Certifies Final EIR: Two (2) bound copies, one (1) unbound reproducible, and one (1) digital copy containing all information required herein • Notices: Copies of the required notices posted with the County Clerk and State Clearinghouse • Findings of Fact and Statement of Overriding Considerations (if required) Should any significant changes to the scope of the IS and EIR be required, a budget adjustment may be necessary. This proposal is valid for a period of 90 days from the date of this proposal. If acceptance and L S A i i�rf 42 Ci Of S.In j Uan Capistrano Spieker Se6m Development Environmental Ima Report � authorization to proceed are not received within that period, LSA reserve ƒ e right to renegotiate the estimated costs andscope of work. Consulting srvcs will be provided in accordance with the "Standard Trmsand Conditions" and"Standard Fee Schedule," which are integral to this prpo2E L S A 43 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report APPENDIX A Ir"" HzE eFS+AN9ARe PeH+,RAe+ FReVISIeNS ikHe BILLING RATES ."M L S A �'A ASSOCIATES, IN- CP N O Q Vl h 00 0 q6q 0 0 Vl Is 641 �lq Elq o 46S V�I x ad�nrn C7 Qin O L7 S'" Ij O � •by °� GU'cn a.¢v�r�3wxaa3wx¢wwC-0¢ L Y O O O O 0 . C) � a�ci�cG U� UQ .o •o d o., U cC cd o o � � Cci L." cyd Q Nu f, a,¢OX Na ¢Ha a+ L_ N cd 3 � U � ami of N N � = w U cn M ..a LSA ASSOCIATES, INC. LSA IN-HOUSE DIRECT EXPENSES JUNE 2013 LACORP\contract.doc «06/04/13» Unit Cost Reproduction 8.5 x 11 B/W $.07 per page Reproduction 8.5 x 11 Color $.40 per page Reproduction 11 x 17 B/W $.10 per page Reproduction 11 x 17 Color $.75 per page CD Production $5.00 per CD Plotting $3.75 per sf Mileage On Road $.565 per mile Mileage Off -Road $.715 per mile GPS Unit $75.00 per da Total Station Surveying Instrument $50.00 per day Level Laser or Optical) $25.00 per da Laser Rangefinder $25.00 per da Sound Meter $75.00 per da Aerial Photo Cost Boat Rental $50.00/day Water Quality Meter $25.00/day LACORP\contract.doc «06/04/13» CITY OF SAN JUAN CAPISTRANO BID RECAP REPORT Ile Date: 12/13/13 From: David Contreras/Nancy Gutierrez Service or Product Requested: Preparation of Draft EIR for the Spieker Project. ( ) Informal Quotes ( ) Informal Bid (X) Formal Bid ( ) Sole Source Bids/proposals were solicited from available, qualified firms for the above referenced project. The following firm(s) were/was considered: 1. Environmental Advisors 2. Environmental Intelligence 3. Keeton Kreitzer Consulting 4. LSA Associates 5. UltraSystems After evaluating the bids/proposals submitted, it is our recommendation that the contract be awarded to LSA Associates, Inc. in an amount, not to exceed $295,040. This vendor was selected because: LSA Associates submitted a comprehensive proposal demonstrating a clear understanding of the project and all of its subcomponents. The LSA team is comprised of experienced personnel, who are known and respected in the environmental profession and by City staff. Additionally, the completion schedule proposed by LSA is aggressive yet realistic, and within the time frame estimated by staff. If bids were not received, document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and if applicable why it is not practical to receive three quotes. If Sole Source purchase or contract, provide detailed justification for this selection: N/A If applicable, date approved by City Council: anticipated approval date is 12/17/13. �U VV % ,. Date. 12/13/2013 CITY OF SAN JUAN CAPISTRANO DOCUMENT TRANSMITTAL FORM This form is for the transmittal of documents for signature. (e.g. Agreements, Contracts, Deeds, Easements) Agenda Item No. (if AT,-'* Cita' Council, SJCHA or SACRA Meeting Date (if applicable): 12/17/2013 Brief description of document and/or services provided. Preparation of Draft Environmenta Senior Development, a Continuing Care Retirement Community Submitting Department' DeveloprnenLS,,,i-- Please siun (Ple, S copy origit Step nn014 o$ V �$1 ✓0 $4. Put ❑ Put Rest Step 2 ® T �✓ 1` Director's V Step 3 0 Q Ap ® No ❑ Not City Attorne, Step 6 0 In 0 Commerc Auto Lial: Profession 0 Public Wo VrA CAWIP&I f;"" : 1 Uva Staff Contact: David Contreras ndicated and circulate in the belt )current is fully executed, the City ,rices Department (when applicabt °ements (if applicable) Required — STOP—fitrtlrer routing not necessary) _,iC _.,c a signed will mail a signed 1 Approval: or Resolution. No.:_ fired) *) *Date of Council Approval: or we are 1 ` 04,6 4j- OUV � GpY►-�rLtc�' is 0a� C° - jn {� a cJA Al swb%Ii \r"r�`� _._w.,.iat az Performance Bonds Step 7 0 City Clerk (For Final Routing) Step 4 [01 Finance Funding Available Q No Funding Available Budget Amendment Required Notes: Finance Initials/Date Step 5 ❑ City Manager ❑ Approved Denied City Manager's Initial's/Date: `rements included in the attached document. 0 Additional Insured Endorsement 0 Worker's Compensation 0 Not Applicable Approval Process Completed — Copy of Contract Transmittal Form with documents forwarded to FS Department or back to the originating department as appropriate. 0 Denied — Returned to submitting department. Please provide the following and return to the City Clerk's Office: IAwou_ (s (—,cob . City Initial's/Date: MaA" Page 1 of 2 City of San Juan Capistrano Agenda R port TO: Karen P. Brust, City Manage FROM: Nelson Miller, Interim Development Services Directork j h Prepared by: Nancy Gutierrez, Contract Planner Submitted by: David Contreras, Senior Planner DATE: December 17, 2013 12/17/2013 D11 SUBJECT: Consideration of a Personal Services Agreement with LSA Associates, Inc. (LSA) for the Preparation of an Environmental Impact Report (EIR) Pursuant to the California Environmental Quality Act (CEQA) for the proposed Spieker Senior Development Continuing Care Retirement Community (Spieker Development Partners) RECOMMENDATION: By motion; approve a Personal Services Agreement with LSA Associates, Inc. (LSA) for the Environmental Impact Report (EIR) Pursuant to the California Environmental Quality Act (CEQA) for the proposed Spieker Senior Development Continuing Care Retirement Community at a cost not to exceed $ 295,040. EXECUTIVE SUMMARY: Pursuant to the City's Purchasing Policy, City staff has solicited and received proposals from five planning and environmental consulting firms for the preparation for the Environmental Impact Report (EIR) for the proposed Spieker Senior Development Continuing Care Retirement Community. The cost of the preparation of the EIR will be funded by the project applicant, Spieker Senior Development. Staff recommends that the City Council approve an agreement with LSA Associates, Inc. (LSA) for the completion of this work (Attachment 1). DISCUSSION/ANALYSIS: The Spieker Continuing Care Retirement Community (CCRC) is proposed for development on a 34 acre portion of an existing 43.5 acre parcel commonly referred to as the Vermeulen Ranch. The remaining 8 acres is currently accommodating a retail center, which is not a part of the CCRC and will continue to operate at its present level of intensity. 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: LSA Associates, Inc., City Council Agenda Report December 17, 2013 Page 2 of Keeton Kreitzer Consulting, Environmental Intelligence, Environmental Advisors, and UltraSystems. Staff evaluated the submitted proposals and conducted telephone interviews with three of the five firm's project managers to confirm the qualifications, experience, and capability of each of the consulting firms consistent with the requirements of State law. As a result of the proposal review and interview process, staff determined that LSA Associates, Inc. (LSA) was the most qualified firm to conduct this work. All proposals are a matter of public record and are available for review on request. FISCAL IMPACT: The entire California Environmental Quality Act (CEQA) work performed under this 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 prior to the City issuing a Notice to Proceed to the consultant. ENVIRONMENTAL IMPACT: Not applicable. The action by City Council is exempt from review under California Environmental Quality Act (CEQA). PRIOR CITY COUNCIL REVIEW: On August 20, 2013, City Council adopted Resolution No. 13-08-20-01 initiating consideration of a General Plan Amendment for the proposed Spieker Senior Development Continuing Care Retirement Community. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Environmental Advisors Environmental Intelligence LSA Associates UltraSystems Keeton Kreitzer Consulting ATTACHMENTS: Attachment 1 - Personal Services Agreement with LSA Associates, Inc. (LSA) Attachment 2 - Request for Proposals (RFP) for Preparation of an Environmental Impact Report for Spieker Senior Development — a Continuing Care Retirement Community (Spieker Senior Development Partners) PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of December, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and LSA Associates, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to prepare the Draft Environmental Impact Report (DEIR) for the proposed Spieker Senior Development, a Continuing Care Retirement Community; 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 March 31, 2015. Section 3. Compensation. 3.1 Amount. w Total compensation for the services hereunder shall not exceed $295,040 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 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. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the 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 W boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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 M the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 61 Attn: David Contreras, Senior Planner To Consultant: LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, CA 92614 Attn: Ashley Davis 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] IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO Sam Allevato, Mayor CONSULTANT By: fion; ianag its" C Q LS Associates, Inc. O �h 7 LAl, SA EXECUTIVE , C.S 20 EXECUTIVE PARK, SUITE 200 IRVINE, CALIFORNIA 92614 December 9, 2013 Mr. David Contreras, Senior Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 EXHIBIT "A" BERKELEY FRESNO RIVERSIDE 949.5530666 TEL CARLSBAD PALM SPRINGS ROCKLIN 949.553..8076 FAX FORT COLLINS PT. RICHMOND SAN LUIS OBISPO Subject: Proposal for Professional Services: Environmental Impact Report for the Spieker Senior Development — A Continuing Care Retirement Community Dear Mr. Contreras: LSA Associates, Inc. (LSA) is pleased to respond to the City of San Juan Capistrano's (City) Request for Proposals to prepare an Environmental Impact Report (EIR) for the Spieker Senior Development Project. The attached proposal is based on LSA'$ understanding of the proposed project, knowledge of the City, and experience preparing EIRs for projects that are similar to the proposed project. The City planning policies have historically reflected a sensitivity toward agriculture and agriculture - related properties. While such an application has been anticipated for some time, we equally anticipate that the City will conduct a thorough and exhaustive environmental and policy analysis before arriving at a decision regarding this application. LSA is willing and able to come alongside the City to assist in preparing the necessary environmental analysis that will support the City's findings in considering and deciding on this land use application. LSA has a long and successful history working in and with the City and looks forwards to working with its staff in advancing the aforementioned City's goals and objectives by providing a technically sound and legally defensible environmental document. LSA is proposing Ashley Davis as the most qualified Project Manager for this project. Ms. Davis brings over 16 years of environmental planning experience and EIR expertise. LSA has extensive experience and history working directly with the City (e.g., La Pata Avenue Gap Closure and Camino del Rio Extension Project, Del Obispo Street from Alipaz Street to Paseo Adelanto On -Call Cultural Resources monitoring, Lower Ortega Widening EIR, St. Margaret's Episcopal School and Church Expansion Initial Study/Mitigated Negative Declaration [IS/MND], Interstate 5 High -Occupancy Vehicle [HOV] Lane Extension Project [south of Avenida Pico to south of San Juan Creek Road] Initial Study/Environmental Assessment [IS/EA], and Trabuco Creek Bank Restoration for Saddleback Valley Christian School). LSA also prepared the City's first Strategic Transportation Plan (STP), which was approved by the City in October 2002. The STP was to guide the implementation of major transportation improvements in and around the City. Mr. Les Card (CEO of LSA) served as Project Manager and primary author of the STP. It involved a comprehensive examination of all proposed arterial highways in and around the City (including La Pata) to analyze benefits and/or concerns of traffic impacts. The STP identifies specific strategies to avoid through traffic impacts in the City and priorities for highway improvement phasing. This experience has fostered an excellent understanding of the project area, and LSA will bring this experience to the Spieker Senior Development Project. 12/9/13 (&\PR0P0SAL\ZZZ2418A1 - Speiker Senior Development EIRTroposal_New Schedule-Budget.docx» PLANNING I ENVIRONMENTAL SCIENCES I DESIGN EXHIBIT A LSA ASSOCIATES, INC. BACKGROUND AND EXPERIENCE LSA is an environmental, transportation, and community planning firm with offices located throughout California and in Colorado. Preparation and review of California Environmental Quality Act (CEQA) documents has been an LSA core service since the founding of the firm in 1976. Over the years, LSA has expanded its services offered to include virtually all CEQA-related services in order to provide a "one-stop" firm. LSA has a successful track record of preparing environmental documents that are technically sound and legally defensible as well as innovative and solution oriented. One of the unique aspects of the company lies in its ownership (i.e., LSA is 100 percent employee owned). All full-time employees own stock in the company and all employees benefit from its success on each and every project. LSA's employee stock ownership program and profit sharing foster an exceptionally positive work environment where staff are motivated to strive for excellence and continue to build on the company's already solid reputation. This is one of the reasons for LSA's remarkable employee retention, which will directly benefit the City. Based on the firm's many successful years of preparing CEQA documents (e.g., EIRs, Negative Declarations [NDs], and Categorical Exemptions [CEs]) for projects similar to the proposed Spieker Senior Development project (including senior housing projects, new hotels, residential developments, and mixed-use projects throughout the State of California), LSA is confident that its team of professionals will meet the needs of the City in a timely and cost-effective manner. GENERAL METHODOLOGY: THE LSA APPROACH While LSA prides itself on its technical document preparation skills, the company believes the most important aspect of its overall services is its project management skills. LSA's track record of providing quality products and meeting demanding schedules, coupled with its reputation with past and current clients, provides the best guarantee of success in meeting the City's needs for the required environmental services. The following are LSA's methods and procedures for managing schedules and budgets and the tactics LSA employs to ensure quality control: Communication: Good project management extends beyond the use of sophisticated tools. It has been LSA's experience that the most critical element for successful completion of a project is the early development of clear channels of communication between LSA's project management and all parties involved. Ongoing and frequent communication among Principal in Charge Frank Haselton, Project Manager Ashley Davis, and City staff will serve as the primary vehicle for identifying emerging project issues and developing solutions early so as to minimize schedule impacts. Understanding the Issues/Project Schedule: LSA's staff is made up of seasoned veterans. The staff has developed the ability to identify key issues and solutions, which assists in foreseeing problems and avoiding potential cost overruns or schedule delays. These skills are used to advise LSA's clients of impending issues and to assist in resolving those issues. Additionally, LSA's significant technical and regulatory experience results in a "big picture" understanding of the processes, permits, and agency requirements that are key to completing an on-time document delivery. 12/9/13 aLAPR0P0SALZZZ2418A1 - Speiker Senior Development EIRTroposal_New Schedule-Budget.docx» LSA ASSOCIATES. INC. • Product Review: To ensure that LSA's product meets the best technical and professional quality demanded by its clients, and to satisfy agency requirements, the firm has developed an internal document review program. Once a document is prepared, it is reviewed and corrected by a professional editor and then receives Principal review prior to its release. This process is assured through LSA's formally adopted Quality Control Plan, which is available for review by clients. • Budget Control: Billing for LSA's projects is tracked by internal accounting software on a bimonthly schedule. Each Project Manager and Principal receives reports indicating project budget status every week to assist in maintaining tight control over project budgets. • Commitment of Senior Personnel: When necessary, LSA uses upper level, experienced personnel not just as supervisors, but as the primary investigators and authors of technical reports, EIRs, and planning documents. This use of upper level staff eliminates the need for multiple internal reviews. LSA has found that in some situations, it is most efficient to use senior staff members qualified in their areas of expertise. • In -House Preparation of Technical and Environmental Documents: To facilitate communication and project coordination, LSA can usually prepare all portions of its environmental documents using in-house staff, reserving the use of subconsultants for the provision of specialized expertise (e.g., for hazardous materials investigations and geotechnical investigations). • Commitment to Scheduling Needs: LSA's commitment to meeting scheduling needs and project demands extends to doing whatever it takes to complete the job. LSA's work in the past has demanded staff time at nights and on weekends. LSA has also reduced handling time by using 24-hour reprographic houses capable of compiling, printing, packaging, and mailing completed documents in a single, efficient operation. STATEMENT OF UNDERSTANDING/KEY ELEMENTS A full environmental analysis is anticipated in order to support the City's findings and decision regarding this land use application. However, there are several key elements that uniquely characterize the proposed project's site. Land Use The site is part of a larger agriculturally related area in this portion of the City. Figure COS -1 of the City's General Plan Conservation and Open Space Element identifies the property as Agri -Business, exhibiting both an agricultural and open space quality. Changing the land use designation will amend its Floor Area Ratio (FAR) from its current 0.05:1 intensity to 0.25:1 intensity (Public & Institutional). The site is next to the Kinoshita Farm, a City -owned agricultural production area that is part of the City's Public Lands System. Also, it is adjacent to a church to the north and schools to the south, which are uses traditionally occupied by sensitive receptors. This proposed change in land use will impact the property in question as well as the surrounding land uses and occupants. 12/9/13 <&\PR0P0SAL\ZZZ2418A1 - Speiker Senior Development EIRTroposal_New Schedule-Budget.docx>> ill LSA ASSOCIATES, INC. Traffic The trip generation of the proposed use will need to be compared to the existing generation rates of the nursery. A general assumption may be that traffic generation will automatically increase; however, it will be important to understand the self- contained nature of the proposed project and the unique trip -generating qualities associated with this type of use. Del Obispo Street and Alipaz Street are identified as secondary arterials on the City's Arterial Highway System (Figure C-2 of the City's General Plan Circulation Element). Both of these arterials provide access to existing neighborhoods, schools, and other local venues. Del Obispo Street provides a regional connection to the communities to the south. The project's Alipaz Street provides access to several impact on these roadways as well as others will be an neighborhoods and other local venues. important component of the EIR. Visual The City is very protective of its visual quality, as evidenced by its Community Design Element. The site is at a lower elevation than Del Obispo Street, and it appears that the proposed project's design will take advantage of this topographic difference. However, areas to the north and west are elevated and directly view the site. Also, a visual impact may occur for the Kinoshita Farm occupants and visitors as a result of the proposed project. Air Quality The City is very protective of its visual environment. There are residential neighborhoods to the north, east, and west. In addition, there is an elementary school and community center to the south and a church to the north. Air quality impacts created by the construction and operations of the proposed project will require careful assessment and analysis that take into consideration the sensitive receptors occupying these areas. Several schools occupied by sensitive receptors are near the project's site. 12/9/13 «L:\PR0P0SAL\ZZZ2418A1 - Speiker Senior Development EIR\Proposal_New Schedule-Budget.docx» iv LSA ASSOCIATES, INC. Cultural Although the proposed project site is paved and semi -paved, there is always the possibility of impacting a cultural site within the City. LSA is very familiar with the pre -historic and historic context of the City and the need to proceed with caution out of respect for its cultural heritage. Kinoshita Farm and the Congdon House site are important cultural resources warranting protection and preservation. STATEMENT OF VALIDITY Please note that I, Frank Haselton, have authorization to bind the firm, and the information and budget estimate provided in this proposal will remain valid for no less than 90 days from the date of this letter. Thank you in advance for your consideration of this proposal. Although every effort has been made to anticipate your needs, LSA welcomes the opportunity to discuss the details of its approach. If you have any questions, please contact either me or Ashley Davis at (949) 553-0666. Sincerely, LSA ASSOCIATES, INC. Frank L. Haselon Managing Principal Attachment: Proposal for the Spieker Senior Development Project 12/9/13 uL:\PR0P0SAL\ZZZ2418AI - Speiker Senior Development EIR\Proposal_New Schedule-Budget.docx» City of San Juan Capistrano � a Spieker Senior Development j 1 Environmental Impact Report Table of Contents 1.0 SCOPE OF WORK.........................................................................................................................1 Task 1.0: Project Initiation/Project Description...........................................................................................1 Information to be Provided by the City........................................................................................................1 ProjectKickoff Meeting................................................................................................................................2 2.0 TECHNICAL STUDIES/REPORTS....................................................................................................4 Task 2.1: Traffic Impact Analysis (TIA)...........................................:.............................................................4 Coordinationwith City Staff.........................................................................................................................5 DataCollection.............................................................................................................................................5 ExistingConditions.......................................................................................................................................6 Project Trip Generation, Distribution, and Assignment...............................................................................6 ProjectImpact Assessment..........................................................................................................................7 MitigationMeasures....................................................................................................................................8 Preparation of Traffic Impact Analysis.........................................................................................................8 Task 2.2: Air Quality Impact and Greenhouse Gas Analysis .. ....... ............................................................8 AirQuality Impact Analysis...........................................................................................................................8 Greenhouse Gas Emissions/Climate Change Impact Analysis....................................................................10 Task 2.3: Noise Impact Analysis.. ................. ......... ................ .......................... .......... ......................... 12 LocalNoise Standards.................................................................................................................................12 ConstructionImpacts.................................................................................................................................12 MobileSources Noise Impacts...................................................................................................................12 Stationary Source Noise Impacts................................................................................................................12 MitigationMeasures..................................................................................................................................13 Preparation of Noise Impact Analysis.........................................................................................................13 Task 2.4: Biological Resources Memorandum...........................................................................................13 Task 2.5: Cultural Resources Report..........................................................................................................13 RecordsSearch...........................................................................................................................................13 NativeAmerican Consultation....................................................................................................................14 HistoricArchitecture..................................................................................................................................14 ArchaeologicalSurvey................................................................................................................................14 Reportof Findings......................................................................................................................................15 Task2,6: Paleontological Report ............................... ......................................... ...... ........................... ..... 15 LiteratureReview.......................................................................................................................................15 ProjectArea Field Survey............................................................................................................................16 TechnicalStudy Report..............................................................................................................................16 Task 2.7: Geotechnical Report Peer Review..............................................................................................16 Preliminary Geotechnical Evaluation.........................................................................................................16 Task 2.8: Hazards Report Peer Review.......................................................................................................17 PhaseI ESA Review.....................................................................................................................................17 Task 2.9: Hydrologic Report Peer Review.................................................................................................18 Hydrology & Hydromo.dification Review....................................................................................................18 Water Quality Management Plan Review..................................................................................................18 Task 2.10: Visual -Aesthetic Impact Analysis.............................................................................................. 18 L S A 3 LSA ASSOCIATES. INC. City of San Juan Capistrano Spieker Senior Development Environmental Impact Report 3.0 ENVIRONMENTAL DOCUMENTATION........................................................................................20 Task 3.1: Notice of Preparation/Scoping...................................................................................................20 Noticeof Preparation.................................................................................................................................20 Distributionof the NOP..............................................................................................................................20 Scoping.......................................................................................................................................................20 Task3.2: Screencheck EIR............................:..........:.........................................................................:........20 Task 3.3: Public Review Draft EIR............................................................................................................... 21 Task 3,4: Certified Final EIR.................................................................................................... 22 Responses to Comments............................................................................................................................22 FinalEIR......................................................................................................................................................23 Mitigation Monitoring and Reporting Program..........................................................................................23 Findings of Fact and Statement of Overriding Considerations...................................................................23 4.0 PROJECT MANAGEMENT AND MEETING ATTENDANCE..............................................................24 Deliverables................................................................................................................................................ 24 Notices........................................................................................................................................................ 25 5.0 PROJECT SCHEDULE ........................................................ 26 6.0 RELEVANT PROJECT EXPERIENCE & KEY TEAM PERSONNEL........................................................28 Relevant Project Experience........................:..............................................................................................2i3 Other Representative Projects Prepared by LSA........................................................................................31 KeyStaff...................................................................................................................................................... 33 ProjectManager Resume...........................................................................................................................37 7.0 FEE ESTIMATE...........................................................................................................................39 Budget Specifications and Reimbursable Costs..........................................................................................42 Figure OrganizationalChart................................................................................................................................... 34 T 'a, I % 11 tib' Spieker Senior Development EIR Schedule................................................................................................. 26 BudgetSpreadsheet....................................................................................................................................40 ppendi A: SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES L S A City of San Jean Capistrano Spieker Senior Development Environmental Impact Report ,G SCOPE OFIVIORK Through its review of the documentation provided by the City of San Juan Capistrano (City), visits to the project site, and working knowledge of the area, LSA has gained an understanding of the issues to be addressed in Environmental Impact Report (EIR) for the proposed Spieker Senior Development Project (project), a Continuing Care Retirement Community (Spieker Senior Development Partners). TASK 1.0: PROJECT INITIATION/PROJECT DESCRIPTION Tasks associated with the project start-up phase will include review of the preliminary project plans, technical reports related to the project site, local planning documents, and any previous environmental documentation for the project area. LSA will work closely with the City during the project definition stage of work. As a result of and subsequent to this collaborative effort, LSA will prepare a thorough Project Description for use in the IS and EIR. LSA will coordinate with City representatives to refine and finalize the Project Description and develop a mutual understanding of the issues to be addressed to satisfy California Environmental Quality Act (CEQA) requirements. The Project Description will include project -level plan information for project construction and operation. The detailed Project Description will be based on the proposed plans and program information provided by the City's planning team. This Project Description will be used by LSA to determine the potential environmental effects of project implementation and to set forth the analysis program. To enable LSA to proceed with this first task, the City team must provide LSA with the following to clearly define the project: • Conceptual Site Plan: Project plans and any related statistical summary of the proposed project (e.g., structures/facilities, vehicle access locations and circulation concept, parking spaces provided, site coverage, grading plans, and landscape plans) • C_onceptuai Lighth g Mans. Lighting plan specifications for all new lighting for the proposed building, parking, and recreation areas • Preliminary Engineering Plans: Engineering plans or information/analysis by the grading designer of site hydrology as well as any mitigation measures (beyond compliance with applicable standards and code requirements) and best management practices (BMPs) necessary to control project drainage impacts • A6tirrflc Conceptual building elevations, description of the expected range of building materials, architectural themes, conceptual landscape plans, etc. �r L &A W", W ,, tisa n:;sOetn'rts, INC. City of San Juan Capistrano Spieker Senior Development Environmental Impact Report • nfrast a tune Pla,ns� Conceptual infrastructure improvement plans, including sewer, water, and storm drainage facilities • Camstruction �nfamnatwm Length of construction, project phasing, staging areas, and grading quantities (cubic yards of export/import required) In addition to the above, LSA will review any available prior environmental documents for the proposed project site with City staff. LSA will use existing studies, the City's General Plan, and other project EIRs to the extent feasible and appropriate in order to minimize the work effort needed and expedite the project schedule. Ptr cJ 0 K ,- ave ff 111 ei n To ensure the orderly flow of project efforts, a project kickoff meeting will be undertaken at the outset of the work effort. The meeting will be held with City staff to accomplish the following: • Establish a mutual understanding of the project objectives, explore community concerns regarding the project, and discuss City expectations for the consultant's work effort. • Obtain relevant plans, reports, ordinances, and studies applicable to the project. • Obtain relevant project description information, including but not limited to preliminary site plans, elevations, construction and operational details, design specifications, drawings, and maps. • Identify City departments, governmental agencies, and business, environmental,. and service organizations whose input will be vital to the successful completion of the EIR. • Refine the scope of work to be performed to satisfy CEQA requirements. • Define communication protocols for requesting information from City staff. • Refine the project schedule, establish protocols for product review with the City, and define project milestones and decision points. • Obtain the City's mailing list for environmental documents. LSA will work with the City to determine the significance criteria based on current community or industry standards, including but not limited to the State CEQA Guidelines, local guidelines, State and federal regulations (i.e., United States Environmental Protection Agency [EPA], United States Army Corps of Engineers [Corps], and clean water legislation and regulations), and consistency with State and/or local land use planning documents such as the City of San Juan Capistrano General Plan. Baseline conditions for specific existing conditions will also be reviewed. LSA suggests that the project kickoff meeting also include a preliminary discussion of project alternatives and the manner in which cumulative impacts will be addressed in the environmental document. LSA will identify key critical path items that are necessary to meet the EIR schedule. Commencement of the a�. L S A LSA ASSOCIATES, INC. N City of San Juan Capistrano Spieker Senior Development Environmental Impact Report environmental work effort will require the receipt by LSA of all previously prepared technical reports as well as other relevant project -related data. LSA has already visited the project site to establish an understanding of existing site conditions, the physical setting of the proposed project site, and the relationship between the project site and adjacent land uses. Additional site visits will be conducted as deemed necessary by LSA staff. L S A -k': r City of San Juan Capistrano Spieker Senior Development Environmental Impact Report 2,0 TECHNICAL ST"LJOVESIREPORTS LSA has built its environmental services business on 37 years of strong performance, client satisfaction, and repeat/referral business. At times, it is necessary to invite other firms to supplement in-house personnel in order to meet clients' technical needs. For this reason, LSA maintains a network of specialized subconsultants, many of which are certified as Small, Disadvantaged, Minority, Woman, and Disabled Veteran Business Enterprises (SBE, DBE, MBE, WBE, DVBE, respectively), that are able to promptly respond to requests for supplemental expertise. For this contract, LSA has included: (a) Ninyo & Moore (MBE) for preparation of a Preliminary Geotechnical Evaluation and Phase I Environmental Site Assessment (ESA) Review; (b) Fusco Engineering, Inc. (Fuscoe) for peer review of the Water Quality Management Plan (WQMP) and Hydrologic Report; and (c) VisionScape Imagery, Inc. (VSI) for preparation of visual simulations. LSA often teams with these firms on development projects and finds them to be highly responsive and professional. A discussion of the technical reports recommended and included in this scope of work is provided below. As indicated in the Request for Proposals (RFP), already completed plans and studies to be provided to LSA will include the following: • Geotechnical Due Diligence Evaluation, August 2013 • Phase 1 Environmental Site Assessment, April 2013 • WQMP, December 2008 • Hydrologic Report (date unknown) According to the City, a Water Supply Assessment (WSA) will be required pursuant to the California Water Code. According to State CEQA Guidelines, a WSA must be prepared by the governing body of a public water system, or the City or County lead agency, pursuant to and in compliance with Sections 10910 to 10915 of the California Water Code when a proposed development would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 -dwelling -unit project. `ASK °fir j . TRAFFi „Y !MPACT LYS S fTW� The TIA scope of services provided below is consistent with the description of technical studies/reports identified in the RFP and discussions with the City's Traffic Engineer and traffic model consultant. The TIA for the proposed Spieker Senior Development Project will be prepared pursuant to: City of San Juan Capistrano Administrative Policy 310, Preparation and Use of Traffic Reports; Orange County Congestion Management Program (CMP) TIA Guidelines; and provisions of CEQA. For the purposes of this proposal, the traffic study will focus on the project's traffic impacts at up to 26 intersections and 22 roadway segments in the study area, as identified in the City's RFP scope of work. The TIA for the proposed project will need to examine the following four development scenarios: L S A. t LSA ASSOCIATES, INC. 4 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report \_J 1. Existing Conditions 2. Existing Plus Project Conditions 3. Existing Plus Project Plus Cumulative Conditions (future near-term year, corresponding to project opening) 4. Existing Plus Project Plus Build Out Conditions (future long-range, corresponding to build out of the City's General Plan) The following tasks are recommended to provide a complete TIA for the proposed Spieker Senior Development Project. LSA will coordinate with representatives of the Development Services Department and/or Public Works Department to confirm the scope of work and discuss issues related to the proposed project with City staff. This will include confirmation of specific analysis methodologies and assumptions, land use assumptions, designation of study area intersections and roadway segments, identification of cumulative background traffic conditions (i.e., approved/pending projects list and ambient growth rate), and discussion of specific concerns regarding the project. Two specific issues to be discussed with staff include: (1) trip generation and parking characteristics of the proposed project compared to standard trip and parking generation rates contained in industry manuals (e.g., Institute of Transportation Engineers [ITE], San Diego Association of Governments [SANDAG], Urban Land Institute [ULI]); and (2) future land use assumed on the property in the General Plan compared to the proposed land use. Based on the meeting discussed above, LSA and City staff will confirm the study area intersections. The following information will be needed prior to preparation of the TIA: Existing Traffic Counts. LSA will request existing traffic counts from the City. If the City does not have this data available (i.e., counts conducted within 1 year of the notice to proceed), LSA will conduct new intersection turn -movement counts in the a.m. and p.m. peak hours and new roadway segment counts over 24 hours. National Data & Surveying Services will be the independent count company used to collect the data. In addition, LSA will collect geometric and traffic control data at the study area intersections. For the purposes of this scope of work and budget estimate, LSA will count up to 26 intersections and 22 roadway segments. Cu u- aav'v7 c nd3 iuns, A cumulative year (future, near-term) scenario corresponding to the projected opening year of the proposed project will be analyzed. To determine the cumulative baseline conditions, LSA will request from the Development Services Department a current list of approved and/or committed projects up to the project opening year. LSA will also request the traffic studies and/or environmental documents for these projects to develop cumulative baseline traffic volumes. If these documents are not available, LSA staff will assign approved/pending project trips 0 L S A . .. LSA ASSOCIA7'ES, I\C. 0 City of San Juan Capistrano Spieker Senior Development Environmentalimpact Report draa`'� to the study area circulation network using the "manual method" of trip assignment. LSA anticipates using the manual method for up to 10 projects. An ambient growth rate will be applied to represent the near-term conditions, as discussed with City staff. • 80d Uput Conditions; A build out year (future, long-term) scenario corresponding to the build out of the City's General Plan will be analyzed. To develop the forecast year conditions, LSA will work with the City's traffic model consultant (Urban Crossroads). LSA has received a proposal from Urban Crossroads to provide the forecast data necessary for this project. Existing Conditions Existing a.m. and p.m. peak -hour traffic conditions and levels of service (LOS) will be assessed for the intersections identified for examination using intersection capacity utilization (ICU) and Highway Capacity Manual (HCM) methodologies for signalized intersections and the HCM methodology for any unsignalized intersections, per the General Plan Growth Management Element. An average daily traffic (ADT) and peak -hour link analysis will also be performed for the study area roadway segments using the methodology and performance standards contained in the City's General Plan Growth Management Element. In addition to analysis of the study area, LSA will describe the existing transit, pedestrian, and bicycle conditions, including bus service to the project area, locations of transit stops and stations, bicycle lanes, and pedestrian facilities providing access to the project site. Project Trip Generation, Mstributkin, and Assgnrnienl Daily a.m. and p.m. peak -hour trips will be generated for build out of the proposed project, including senior housing and assisted living use. LSA will develop the trip generation estimate based on trip rates contained in the latest ITE Trip Generation manual. As an alternative (to be discussed with City staff), the trip generation of the project could be identified based on surveys conducted at similar Continuing Care Retirement Community (CCRC) facilities (e.g., Morningside, La Costa Glen). Should this alternative be pursued, LSA will develop a scope and budget for the surveys necessary to identify the specific trip generation of this project. The key element is to identify the peak -hour ingress and egress of vehicles associated with these uses while recognizing that on-site amenities may not produce additional trips on the circulation system. Project -related trips will be distributed through the study area intersections based on a select zone assignment obtained from the City's Traffic Model consultant. Project trip generation volumes will be assigned to the arterial street system based on the trip distribution identified above. The resulting project trip assignments will be overlaid onto the existing and cumulative traffic bases to determine the Existing and Cumulative Plus Project traffic volumes, respectively. Project volumes for build out conditions will be based on the South County Sub Area Model (SCSAM). L S f City of San Juan Capistrano Spieker Senior Development;` Environmental Impact Report S ',',ri.r��„". Project Impact Assessment Existing Plus Project LSA will analyze the Existing Plus Project traffic conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS when the project is added to the Existing condition. The resulting Existing Plus Project traffic volumes will be examined to determine peak -hour intersection and roadway LOS. Project impacts will be identified assuming existing intersection geometrics. Cumulative Plus Project Traffic conditions for the Cumulative Plus Project condition will be analyzed in the TIA. The cumulative traffic conditions will be developed based on the contribution of committed and/or approved developments' peak -hour traffic volumes to the City's circulation system and ambient growth. The ambient growth percentage per year will be determined based on discussion with City staff. In conjunction with City staff, LSA will obtain a current approved/committed projects list, as well as the traffic studies prepared for these developments, to derive the project study area cumulative traffic volumes and approved circulation system improvements. For cumulative projects without a traffic study, trip generation will be based on ITE trip generation rates. LSA will assign the approved/committed projects' traffic volumes and the Spieker Senior Development Project trip generation to the existing traffic base to determine the Cumulative Plus Project conditions. LSA will analyze the Existing Plus Project Plus Cumulative LOS conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS within a short-term horizon (opening year of the project). Build Out Plus Project LSA will analyze the forecast conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS within a long-range (General Plan Build Out) horizon. The Build Out Plus Project condition will be based on output from the SCSAM model. The City's traffic model consultant will develop the forecast data for LSA's use in the TIA. The resulting forecast traffic volumes will be examined to determine peak -hour intersection and roadway segment LOS. Operational Analysis LSA will conduct an operational analysis along Del Obispo Street using the Synchro software. The following intersections will be analyzed: Del Obispo Street/Plaza Drive, Del Obispo Street/Camino Capistrano, Del Obispo Street/Paseo Adelanto and Del Obispo Street/Alipaz Street. Data for this operational analysis will be based on the conditions analyzed above. Levels of service will be identified and compared to the minimum standards in the City's Growth Management Element. Vehicle queues will be reviewed to ensure adequate distance between the closely spaced intersections. U_ LrCSSSOCIATES, INC. VA City of San Juan Capistrano Spieker Senior DevelopmentbEnvironmental cr Impact Report Site Plan Analysis An on-site circulation and access analysis of the proposed internal circulation system will be performed based on the current project site plan. Peak -hour intersection operation at the proposed project driveways via Del Obispo Street, Alipaz Street, and Via Positiva will be addressed to determine the adequacy of the interface with the arterial street system. LSA will also review the potential for vehicle queues, the need for acceleration/deceleration lanes, and adequate sight distance at the project driveways. LSA will review the City's Municipal Code off-site parking requirements for the land uses proposed as part of the project and determine whether adequate parking will be provided on site. Similar to trip generation, LSA will discuss with City staff the function of the different uses within the Spieker Senior Development Project and determine whether conducting surveys to identify the peak parking demand would be required. The parking demand surveys are not part of the scope and budget of this proposal. Mitigation Measure,, Based on the results of the Project Impact Assessment, mitigation measures (physical and/or operational) will be proposed to address impacts created by the project in the Existing, Cumulative, and Build Out conditions. Mitigation measures (if any) will be consistent with City Council Administrative Policy 111 (Fair Share Methodology). Preparfon,. of Traffic i , :,A Anaiysis A TIA will be prepared discussing the Existing, Cumulative and Build Out (with and without the proposed project) conditions. Identification of intersection, roadway segment, and on-site improvements required to accommodate project development will be provided. References will be identified and included in the report as appropriate. A Draft TIA will be submitted to the City for review. Upon completion of the review, LSA will modify the draft report to address the City's comments and submit the Final TIA. Air Quality Impact Analysis The proposed project is located in the South Coast Air Basin (Basin). Air quality regulations in this area are administered by the South Coast Air Quality Management District (SCAQMD). The Air Quality Impact Analysis will evaluate the proposed land use for its potential impacts specific to the City and SCAQMD air quality impact study requirements. LSA will prepare a technical Air Quality Impact Analysis consistent with applicable procedures and requirements. The Air Quality Impact Analysis will answer the following questions: • Will the project: O Conflict with or obstruct implementation of the applicable air quality plan? E3 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report o Violate any air quality standard or contribute substantially to an existing or projected air quality violation? o Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? o Expose sensitive receptors to substantial pollutant concentrations? o Create objectionable odors affecting a substantial number of people? Regulatory Setting and Significance Thresholds A thorough discussion of all applicable federal, State, and local regulations will be included to ensure a comprehensive impact analysis. This will be followed by a clear discussion of all applicable significance thresholds. Baseline Air Quality Conditions Baseline and project setting meteorological and air quality data developed through the California Air Resources Board (ARB) and climatological and air quality profile data gathered by SCAQMD will be utilized for the description of existing ambient air quality. Air quality data from the nearest air quality monitoring station published for the past 3 years will be included to help highlight existing air quality local to the proposed project site. Other sources such as regulatory documents, professional publications, and LSA's experience in the project area will supplement background information. A summary of current air quality management efforts that may be related to the proposed project will be provided. A brief overview of the nature and location of existing sensitive receptors will be provided to set the context in which such uses may be affected by the proposed project. Short -Terre Construction Emissions Construction would occur during implementation of the proposed project. Air quality impacts from demolition, site preparation, grading, and construction sources include the equipment used, length of time for a specific construction task, equipment power type (gasoline or diesel engine), equipment emission factors approved by the EPA (AP -42 Handbooks), horsepower, load factor, and percentage of time in use. Exhaust and dust emissions from worker commutes and equipment travel will also contribute to the construction emissions. Fugitive dust emissions would result from wind erosion of exposed soil and soil storage piles, grading operations, and vehicles traveling on paved and unpaved roads. LSA will calculate the construction emissions commensurate with available project -specific information using the CalEEMod (Version 2013.2.2) air quality model. Standard measures for construction activities recommended by SCAQMD will be identified and incorporated as part of the project's standard conditions. ................. .. LLSSSOCIATA,:'\ I] City of San Juan Capistrano Spieker Senior Development(►5�, Environmental Impact Report Long -Term Mobile and Stationary Source Emissions The proposed project will potentially affect the number of vehicle trips in the project area. It is also expected that stationary source emissions (e.g., on-site energy consumption) will be associated with the proposed project. Emissions from long-term mobile and stationary sources associated with this project will be calculated with CaIEEMod (Version 2013.2.2) air quality models and follow the SCAQMD CEQA Air Quality Handbook guidelines. Potential cumulative air quality impacts associated with the proposed project will be evaluated. Long -Term Carbon Monoxide Hot -Spot Impact Analysis Vehicular traffic on major arterials and local streets in the project vicinity will be affected by trips associated with the proposed project. A screening -level carbon monoxide (CO) hot -spot analysis will be conducted based on the current CO concentrations in the project vicinity and project -related traffic trips. If warranted, a detailed CO hot -spot analysis will be prepared using CALINE4 and EMFAC2011 models based on project -related peak -hour turn volumes at intersections in, and background CO concentrations in, the project vicinity. Localized Significance Analysis A localized significance analysis will be performed to evaluate the potential impacts on nearby sensitive receptors from emissions from both short-term construction activities and long-term on-site operations. The project is greater than the 5 -acre threshold identified by SCAQMD for the localized significance threshold (LST) screening -level analysis. However, construction LST and operational LST impacts will first be evaluated using SCAQMD LST screening level thresholds due to their more conservative baseline. If warranted, a dispersion modeling will be conducted to further determine the project's impacts on LST. Mitigation and Minimization Measures LSA will work with the Applicant, the City, and, if necessary, the SCAQMD to identify feasible mitigation measures for potential air quality impacts. Mitigation measures will be developed as indicated in the impact analysis. Preparation of Air Quality Impact Analysis LSA will complete the Air Quality Impact Analysis within 3 weeks of receiving the authorization to proceed and all necessary project information (including the traffic data). The findings summarized in the Air Quality Impact Analysis will also include the settings and regulatory requirements and will be ready for inclusion into the environmental document for review and approval. A greenhouse gas (GHG) emissions analysis will be included in the Air Quality Impact Analysis and will include all procedures and methodologies considered "state-of-the-art" at the time of the analysis and will answer the following questions: L S LSA ASSOCIAIES, INC. k. 10 City of San Juan Capistrano n6q Spieker Senior Development Environmental Impart Report ., • Will the project: o Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment? O Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs? Global Climate Change/GHG Emissions Climate change and GHG emissions are an environmental concern being raised on statewide, national, and global levels. Regional, State, and federal agencies are developing strategies to control pollutant emissions that contribute to global warming, including the State's Assembly Bills 1493 and 32 (AB1493 and AB32), Executive Orders S-3-05 and S-01-07, and Senate Bill 97 (SB97). The EPA is finalizing national GHG emissions standards under the Clean Air Act (CAA), and the National Highway Traffic Safety Administration (NHTSA) is finalizing Corporate Average Fuel Economy (CAFE) standards under the Energy Policy and Conservation Act. The recent California Office of Planning and Research (OPR) CEQA Guideline changes will be followed, and the project's total GHG emissions will be compared to regional and Statewide emissions. LSA will calculate the GHG emissions associated with construction activities commensurate with the project -specific information provided. For specific details not provided, assumptions based on standard construction practices will be used. GHG emissions will be calculated and compared to area emission levels. Standard emissions control measures for construction activities recommended by SCAQMD will be identified and incorporated as part of the project's standard conditions. The proposed project is expected to result in increased GHG emissions from increased vehicle usage and on-site energy consumption as well as lighting and landscape maintenance. Emissions of carbon dioxide (CO2) (i.e., a key GHG identified in AB32), and other major GHGs such as methane (CH4) and nitrous oxide (N20) from project -related sources will be calculated. Potential cumulative GHG impacts associated with the proposed project will be evaluated. Mitigation and Minimization Measures LSA will work with the Applicant, the City and, if necessary, the SCAQMD to identify feasible mitigation measures for potential GHG impacts. Mitigation and/or minimization measures will be developed as indicated in the impact analysis. Preparation of GHG/Climate Change Impact Analysis LSA will complete the GHG/Climate Change Impact Analysis within 3 weeks of receiving the authorization to proceed and all necessary project information (including the traffic data). The findings summarized in the GHG/Climate Change Impact Analysis will also include the settings and regulatory requirements, and will be ready for inclusion into the environmental document for review and approval. LI;01f A I !- AI:,. 11 City of .San Juan Capistrano Spieker Senior Development Environmental Impact Report The Noise Impact Analysis will evaluate the proposed land use for its potential noise impacts. LSA will prepare a Noise Impact Analysis consistent with applicable procedures and requirements. LSA will review applicable exterior noise criteria from the City for the proposed project site and its vicinity. Noise standards identified in the Noise Element of the General Plan and the Municipal Code noise control ordinance of the City will be discussed for land uses on and adjacent to the project site. Noise impacts from construction sources will be analyzed based on the equipment expected to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The EPA -recommended noise emission levels will be used for the construction equipment. The construction noise impact will be evaluated in terms of maximum instantaneous noise levels (Lmix), hourly equivalent continuous noise levels (Leq), and the frequency of occurrence at adjacent sensitive locations. Analysis requirements will be provided based on the sensitivity of the area directly adjacent to the project site and the City's Municipal Code noise control ordinance specifications. Noise impacts from vehicular traffic will be conducted using the United States Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108, December 1978). Model input data needed include: ADT volumes; day/night percentages of autos, medium, and heavy trucks; vehicle speeds; ground attenuation factors; and roadway widths. The 24-hour weighted Community Noise Equivalent Level (CNEL) or day -night average noise level (Ldp) along area roadways that would be potentially affected will be tabulated. In addition, potential train noise impacts on the proposed land uses will be evaluated. Project -related noise impacts on off-site sensitive land uses in the project vicinity will be analyzed. Traffic noise impacts on the proposed on-site uses will also be provided. The City's noise criteria for outdoor living areas will be assessed. tatoriacy Source A emK,,a t Potential noise impacts from on- or off-site noise -generating sources on sensitive uses on and adjacent to the project site will be provided based on the project's layout and potential noise generating source areas. Equipment noise levels obtained from the Federal Highway Administration (FHWA) 2006 Highway Construction Noise Handbook will be used as reference noise levels for noise impact analysis purposes. LSA. ASSOCIAT@S, [NC 12 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report Mitigation Measures Noise mitigation measures designed to reduce short-term construction noise impacts and long-term stationary and mobile source noise impacts to acceptable noise levels will be determined. LSA will complete the above Noise Impact Analysis within 3 weeks of receiving the authorization to proceed and all necessary project information (including traffic data). The Noise Impact Analysis will include analysis to ensure that the City's interior and exterior noise standards will be met for the proposed on-site sensitive receptors. Noise mitigation measures, such as sound barrier(s) to attenuate traffic noise, double -paned windows, and/or mechanical ventilation to allow windows to remain closed, will be included if significant noise impacts are identified. The findings summarized in the Noise Impact Analysis will also include the settings and regulatory requirements, and will be ready for inclusion into the environmental document for review and approval. TASK 2.,4-, BiOLOGICA'!_ RESOURCES MEMORANDUM. Based on the location and existing conditions of the project site, LSA does not anticipate any substantive biological resource issues associated with the proposed development of the site. However, to verify this expectation conclusively, LSA proposes to complete a general evaluation of the existing biological resources on site. Prior to conducting a reconnaissance -level survey of the project site, a qualified LSA biologist will review key biological database records and other available technical documentation (including aerial photographs) pertaining to the project area. Following the site survey, LSA will prepare a letter report documenting any existing or potential biological resources of interest or concern as well as any applicable avoidance, minimization, or mitigation measures. The letter report will be provided in draft form for client review. LSA anticipates only one round of review, after which the report will be finalized based on any comments or suggested revisions and submitted to the City. LSA does not anticipate the need for more extensive, focused biological studies or attendance at any meetings. If such services are needed and/or requested, LSA can provide an applicable scope of work and budget. 'TASK 2,51 CULTURA11- RESOURCES RTEPORT All cultural resources work will be completed per CEQA and City Council Policy Number 601. ec;or; Se r h LSA will conduct an archaeological and historical records review and literature search through the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System, located at California State University, Fullerton. The SCCIC houses the pertinent archaeological site and survey information necessary to determine whether previously recorded cultural resources exist within the study area boundaries. The objectives of this archival research will be: (1) to establish the status and extent of previously recorded sites, surveys, and excavations within the project area; and (2) to note LS ALSA ASSOCIATM 1N, a 13 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report what types of sites might be expected to occur within the proposed project area based on the existing data from archaeological sites within 0.25 mile of the project area. All pertinent references will be reviewed, and all information will be summarized in the report of findings. Native Aryiericari rsultatiov In 2004, sections of California's Government Code and Public Resources Code were amended to address the potential environmental impact of projects on California Native American Cultural Places. These changes were prompted by passage of Senate Bill 18 (Burton) (SB18). The new regulations apply to all General Plan and/or Specific Plan updates and amendments proposed on or after March 1, 2005.' SB18 requires planning agencies to consult with California Native American tribes during the preparation, updating, or amendment of Genera [/Specific Plans. The purpose of the consultation is to identify and preserve specified places, features, and objects located within the City's jurisdiction that have a unique and significant meaning to California Native Americans. LSA has extensive experience consulting with Native American groups in Southern California, including the various Juaneno groups. Based on the City's protocol for handling SB18 consultation, LSA understands that the City will conduct the SB18 consultation and that LSA will include a summary of the Native American consultation in the report of findings. If the City requires further assistance or consultation, a budget augment may be required. LSA can assist the City with the consultation process as described below. Following the California OPR guidelines (OPR, November 14, 2005), LSA will contact the California Native American Heritage Commission (NAHC) for a search of the Sacred Lands File and a list of Native American tribes/groups/individuals to be invited to consult on the project. Based on the City's protocol, the City will contact each party to solicit their involvement in the consultation process. If requested by the City, LSA can provide the following: one facsimile letter to the NAHC, one mailing with map (sent via certified mail) to all listed parties, follow-up telephone calls (up to two per party) to those who have not responded to the letter, and one meeting with the interested parties. Additional consultation is beyond the scope of this proposal. Historic ArchRe tore Preliminary research has determined that none of the buildings within the project area has reached a sufficient age (50 years old) to warrant significance evaluation under CEQA. Thus there is no need for any historic architecture evaluation or report. As 1^:a�u Based on the results of the records search, a systematic on-site pedestrian survey will be conducted to determine the presence of archaeological resources on previously unsurveyed property. Previously recorded sites within the project area, if any, will be field checked, and existing Department of Parks and The General Plan land use designation of the 8 -acre retail component is changing from Farm Market to General Commercial, and the 34 -acre site is being amended from Agribusiness to Public & Institutional (Specific Plan). L S A 14 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report Recreation (DPR) Series 523 forms will be updated consistent with the guidelines established by the State Office of Historic Preservation (OHP). Newly identified sites will also be documented on DPR Series 523 forms. The archaeological survey will be conducted at the same time as the paleontological survey by field personnel trained to recognize both archaeological and paleontological resources. The accuracy of the field survey depends on ground visibility. Depending on the type of vegetation and built environment resources present within the project area that obscure the ground surface, resources may not be observed during the survey but will become apparent once project -related ground -disturbing activities begin. j14 .c ^ : Upon completion of the records search and field survey, LSA will prepare a Cultural Resources Assessment report. If findings are negative and if acceptable to the City, the report will be in the form of a letter and will include the results of the records search and survey as well as a project location map. If findings are positive and/or the City prefers a full-length report, LSA will prepare a report consistent with the guidelines of the OHP's Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. This report will contain an abstract (management summary and recommendations) and sections that present the project description and location map, the natural setting, the cultural setting, methods, results, a discussion, recommendations, references, and (if findings are positive) a confidential appendix that contains the DPR Series 523 forms. For this project, it is anticipated that findings will be negative. Therefore, the budget is based on a report in the form of a letter. If archaeological findings are positive, a budget amendment may be necessary to prepare DPR Series 523 forms and an ARMR-style report. TASK 2.6: PALEONTOLOGICAL REPORT Literature Review LSA will examine current geologic maps of the project area in order to obtain geological information pertinent to the project area. In addition, LSA will conduct a paleontological locality review and literature search of its own records as well as records maintained at the Natural History Museum of Los Angeles County (LACM) in the vicinity of the project to obtain paleontological information pertinent to the project area. If available, LSA will also examine any geotechnical reports that have been prepared for the project to obtain additional information on subsurface conditions related to the project. The objectives of this archival research will be: (1) to determine the geology of the project area, (2) to note what types of fossils might occur within or near the proposed project area, and (3) to determine the paleontological sensitivity for the sediments that may be encountered during ground -disturbing activities. ISA ASSOCIATES. INC 15 City of San Juan Capistrano Spieker Senior Development ; Environmental Impact Report ��� -}^'AFie,pd u, �4`,�p A field survey will be conducted to verify the accuracy of the geologic mapping, attempt to relocate any known paleontological recourses, and locate any previously unrecorded paleontological resources. LSA will use surveyors who are familiar with the area geology and the types of paleontological resources that would be expected within the geological formations present within the project. This survey will be done concurrently with the cultural resources survey, and the cost will be covered by the cultural resources scope and budget. LSA utilizes surveyors who are familiar with both paleontological and cultural resources. LSA will document the results of the literature review and field survey in a Paleontological Assessment Report. The Paleontological Assessment Report will be consistent with the City of San Juan Capistrano City Council Policy 601 and the guidelines of the Society of Vertebrate Paleontology (SVP). It will include a project description, a location map, geology map, as well as a methods, results, and discussion section. The report will discuss the potential of the project to adversely impact resources and, if needed, will include mitigation measures and other recommendations. If the research and field survey indicate there is no potential to impact paleontological resources, the Paleontological Assessment Report will state that the project will not impact any resources and that mitigation of paleontological resources will not be required. LSA will initially prepare a draft report that will be submitted for comment and review. Once comments have been received, LSA will prepare a final report that incorporates and addresses any comments. 'TASK 2,7. GEOTECHNICAL REPORTPEER REVIEW LSA has included Ninyo & Moore on the Project Team to conduct geotechnical consulting services. The RFP indicates the Applicant has submitted a Geotechnical Due Diligence Evaluation for the proposed project. The purpose of Ninyo & Moore's peer review is to provide input to the preparation of the Draft EIR in accordance with CEQA Guidelines. Ninyo & Moore's CEQA-level evaluations will include a peer review of the Applicant's geotechnical and environmental studies to evaluate the potential geologic and seismic hazards that may affect the proposed project. Ninyo & Moore's scope of services is presented below. Based on Ninyo & Moore's understanding of the project, geotechnical consulting services will include the following tasks: • Review of readily available topographic and geologic maps, published geotechnical literature, geologic hazard maps, geologic and seismic data, groundwater data, and aerial photographs. P ' L tI L+ A ASSOCIATE s, INC. _...a .- 16 City of San Juan Capistrano Spieker Senior Development Environmental impact Report Review of the existing Geotechnical Due Diligence Evaluation, and review of geotechnical -related plans regarding the site(s) that have been provided by the Applicant to the City of San Juan Capistrano. • Geotechnical site reconnaissance to observe and document the existing surficial conditions at the site. Assessment of the general geologic conditions and seismic hazards affecting the site, and evaluation of their potential impacts on the project. The impact assessment will include evaluation of surface fault rupture, ground shaking, liquefaction, soil erosion, settlement, and expansion or collapse of soils. • Compilation and analysis of existing geotechnical data pertaining to subsurface conditions. Ninyo & Moore's scope of services will not include subsurface exploration or laboratory testing. • Preparation of a Geotechnical Peer Review letter regarding Ninyo & Moore's peer review findings, conclusions, and preliminary mitigation recommendations regarding the various geologic impacts for the project as well as conclusions and recommendations relative to the geotechnical aspects of the project's conceptual plan. TASK 2-8, HAZARDS REPORT1 PEER REVIEW LSA has included Ninyo & Moore on the Project Team to conduct environmental consulting services. The RFP indicates the Applicant has submitted a Phase I ESA for the proposed project. The purpose of Ninyo & Moore's peer review is to provide input to the preparation of the Draft EIR in accordance with CEQA Guidelines. Ninyo & Moore's CEQA-level evaluations will include a peer review of the Applicant's environmental study to evaluate the potential of encountering hazardous materials within the project boundaries. Ninyo & Moore's scope of services is presented below The purpose of Ninyo & Moore's Phase I Peer Review will be to develop an opinion regarding the likelihood of significant, unidentified environmental conditions at the site. To accomplish this, Ninyo & Moore will review the Phase I ESA report submitted by the Project Applicant to the City. Upon completion of Ninyo & Moore's review, a letter report will be prepared that summarizes findings regarding potential impact to the site from issues identified in the report. If Ninyo & Moore's review suggests that additional site assessment would be beneficial to understanding the environmental condition of the site, Ninyo & Moore will provide a scope and fee to perform a subsurface investigation. The services for the peer review of the Phase I ESA will include the following tasks: • A site visit to visually evaluate site characteristics for possible contaminated surface soil or surface water, improperly stored hazardous materials, possible sources of polychlorinated biphenyls (PCBs), and possible indications of site contamination from activities at the site. LSA ASSOCIATES, i\C. 17 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report co, • A site vicinity reconnaissance to evaluate characteristics of adjacent properties for possible environmental influences on the site. Properties within and adjoining the site will be visually evaluated from public rights-of-way only. • Review of the database search provided in the Phase I ESA of readily available government and regulatory agency environmental listings. • Review of the historical land use of the site provided in the Phase I ESA. • Prepare a letter report that provides a discussion of findings and conclusions as to the adequacy of any mitigation measures regarding the current environmental condition of the site and recommendations for supplemental assessment, as appropriate. LSA has included Fuscoe Engineering, Inc. (Fuscoe) on the Project Team to conduct a peer review of the hydrology and water quality technical documents already prepared by the Project Applicant. 3f 3"moi+ 3 y a,,,i� dro,."a � dd'f,, at�f :.,§r, Re ­view Using the most current Hydromodification Management Plan (October 2012), Fuscoe will conduct a peer review of the project's approach to hydromodification and flood control requirements. Fuscoe will also review the South Orange County Hydrology (SOHM) Model results and flow duration curves to determine compliance with flow duration requirements. The peer review will confirm the capacity of the downstream flood control facilities in order to show that the peak -flow runoff from the project site is adequately controlled. Fuscoe will provide a peer review of the preliminary WQMP, including a review of the proposed Low Impact Development (LID) features consistent with the most current WQMP. Fuscoe will evaluate the size and design of the features in relation to the required design capture volume, and evaluate adherence to the LID hierarchy requirements of the WQMP and Technical Guidance Document. Fuscoe will also incorporate the WQMP Checklist as part of the peer review and provide a written summary of the review, including the checklist comments. TASK .10., VISA AL -AE HET IMPACT ALYSI LSA has included VSI on the project team to prepare five view simulations for the development of the proposed Spieker Senior Development Project. LSA anticipates view simulations from the following five locations: 1. Southwestern view from Alipaz Street 2. Northern view from Via Positiva L -sJ } [.: 3 AS;SOCIATF.S, INC. S A1 * 18 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report .4 3. Eastern view from Del Obispo Street 4. Southwestern view from Mariners Church and adjacent community 5. Northwestern view from Alipaz Street Photographs for the view simulations will be taken during standard daytime hours. View simulation details will include the project site, site grade, project buildings, and landscaping, and will be developed based on provision of the Applicant's design drawings. VSI will utilize a global positioning system (GPS) and photographs to ensure accurate alignment of the view simulations. The proposed buildings will be created in detail, and people and cars will be included in the view simulations, where applicable. The compatibility of proposed on-site development with surrounding properties will be assessed, and any potential change in views will be described. The proposed development will be analyzed to determine any substantial changes to the visual character of the study area as well as potential light and glare impacts. L LSA ASSOC:IATFS., INC. 19 City of San Juan Capistrano Spieker Senior Development�� Environmental Impact Report LSA �x • •. LSA will prepare a Notice of Preparation (NOP) for the proposed project per Section 15082 of the State CEQA Guidelines. The NOP will include a project description, the topics to be evaluated in the EIR, and the process for completing the EIR. LSA will revise the NOP in response to the City's comments and finalize the notice for public review. Distribution of the NO LSA will copy and distribute up to 20 hard copies and 50 electronic copies (on CDs) of the NOP. LSA will distribute the NOP to the OPR, responsible and trustee agencies, and interested parties identified on the City's mailing list. The City will be responsible for placing an ad in a local newspaper and posting the NOP on the City's website. a,aikµa LSA, in consultation with the City, will hold a public scoping meeting during the 30 -day NOP public review period. Although City staff will administer the scoping meeting, LSA staff will be available to provide explanation of the CEQA process and answer questions related to the scope of the EIR. Following the 30 -day NOP review period, LSA will prepare a summary of issues raised by public agencies, residents, business owners, and other interested parties. This summary will identify any new applicable issues to be incorporated into the EIR and determine whether any additional analysis, outside of this scope of work, is necessary for completion of the EIR. TASK 3,2, SCREEANCHE"CK ErAR LSA will prepare a Screencheck EIR for review by the City in accordance with the requirements of CEQA and the State CEQA Guidelines. The detailed technical investigations and methodologies for each environmental topic are previously described in further detail in this proposal under Task 2.0, Technical Studies/Reports. To the extent feasible, existing information will be utilized to develop baseline conditions. The Screencheck EIR will contain all applicable environmental components required by CEQA, including: Introduction, Background, Project Description/Characteristics/Phasing, and Discretionary Approvals; Setting, Impacts (Project and Cumulative), Mitigation, and Level of Significance; and mandatory CEQA topics (e.g., Growth Inducement), Alternatives, Lists of References, Persons Consulted, and EIR Preparers. The Executive Summary impact table and draft Mitigation Monitoring and Reporting Program (MMRP) will not be provided with the Screencheck EIR, but will be submitted for the City's review with the Public Review Draft EIR once the level of environmental impacts is agreed upon and the mitigation LSA �x {, LSA ASSOCIATES, IN(.pl 20 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report C. measure language is close to being finalized. The EIR that is submitted to the City will be in screencheck form, reflecting LSA internal review and quality control. Each topic in the Screencheck EIR will include a discussion of the existing setting, thresholds of significance, .project analysis, cumulative impacts, mitigation measures (if necessary), and level of significance after mitigation. The EIR will compare the existing setting to the post -project environmental setting. Mitigation measures will be identified to address potentially significant impacts. Each section will discuss the potential short-term environmental impacts associated with project construction, the long-term effects associated with project operation, and the cumulative impacts associated with implementation of the proposed project. LSA proposes to analyze at least three (3) feasible project alternatives, including the No Project/No Development Alternative required by CEQA, as well as other alternatives developed during the environmental analysis process. The Alternatives section will also include a statement identifying the environmentally superior alternative. After reviewing the Screencheck EIR, City staff will forward comments to LSA. This scope of work assumes two rounds of review of the Screencheck EIR. Comments received from the City must be consolidated (i.e., LSA must receive one set of non -conflicting consolidated comments per round). Additional budget may be necessary if the review exceeds two rounds or if LSA receives multiple sets of comments. Three (3) bound copies, one (1) unbound reproducible, and one (1) digital copy of the Screencheck EIR will be submitted for review by City staff. City staff will reconcile any discrepancies between internal staff comments prior to forwarding one consolidated set of comments to LSA. TASK 3,3. PUBUCY DRAFT EIR After receiving comments from City staff on the Screencheck EIR, LSA will make the necessary revisions to the document, including completion of the Executive Summary impact table and the Draft MMRP. LSA will provide two (2) preprint versions of the Public Review Draft EIR to City staff for a limited final review prior to printing the Public Review Draft EIR. The purpose of this review will be to review the entire document with all appendices, technical reports, and the MMRP, and to verify that the City is satisfied with the Public Review Draft EIR. Prior to completion of the Public Review Draft EIR, LSA will work with the City to update the distribution list for the NOP, as needed; compile the distribution list; and prepare a draft Notice of Completion (NOC) for City review and signature and a draft public Notice of Availability (NOA) of the Public Review Draft EIR. The City will be responsible for coordinating noticing requirements, including publication of notices in news publications and on the City's website. LSA will reproduce and distribute the NOC and Public Review Draft EIR to the State Clearinghouse and Responsible Agencies as well as the NOA to interested parties. 21 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report In order to reduce reproduction and distribution, copies of the Public Review Draft EIR and appendices will be provided primarily on CDs as Portable Document Format (PDF) files. LSA will provide the City with 10 bound copies, one (1) unbound reproducible, and 75 digital copies (or other electronic version, as determined by the Project Manager) in addition to the 15 copies required to be sent to the State Clearinghouse (which will be produced as PDF files on CDs accompanied by 15 hard copies of the Executive Summary). In addition, LSA will distribute one (1) hard copy of the complete Public Review Draft EIR and appendices to the local library for public review. TASK 3.4: CERTIFIED i AL, EIR The Final EIR will consist of three volumes. The Public Review Draft EIR and technical appendices will constitute Volumes I and II, and the documentation described below will be included in Volume III. Staff reports and resolutions related to the proposed project and EIR will be prepared by the City. Responses to Comments, Findings of Fact, and the Draft Statement of Overriding Considerations (if necessary) will be prepared by LSA. After the close of the public review period, the LSA Team will work with the City to determine responsibilities for preparing responses to the comments received on the Public Review Draft EIR that raise substantive environmental issues. General responses will be prepared for significant repetitive comments. LSA's objectives for the responses to comments are to: (1) be aggressive in establishing a strategy and determining responsibilities in order to maintain the schedule and minimize later revisions; (2) prepare a document that is well organized and usable by all parties, including the public; and (3) adequately respond to all comments. Although the focus of the response will be those comments that are. truly subject to CEQA review, LSA will also endeavor to answer all questions in an informative manner. Providing a budget estimate for responding to comments on the Public Review Draft EIR is extremely difficult because it is impossible to predict the volume and nature of the comments. The following estimate is based on LSA's knowledge of the project and projections of the volume and nature of the comments received. Significant new analysis is not included in this task at this time. LSA has allocated 80 hours of professional staff time and 24 hours of word processing time to organize, prepare, and compile the Response to Comments document. However, this estimate may need to be revisited once the comments are submitted and reviewed by the City and LSA, and their actual number and nature are known. Following finalization of the Responses to Comments, LSA will provide the City with two (2) bound copies of the Responses to Comments and will distribute the document in PDF format on CDs to any agency that submitted written comments on the Public Review Draft EIR. LLSSSOCIATES. CNC 22 pp � City of San Juan Capistrano 01i Spieker Senior DevelopmentEnvironmental Impact Report Following City review of the Responses to Comments, LSA will prepare a Proposed Final EIR that will consist of: (1) the MMRP (discussed below); (2) comment letters and responses; and (3) any modifications that may be needed to the Public Review Draft EIR document (to be accomplished through preparation of an errata document). LSA will be responsible for the production of up to two (2) bound copies, one (1) unbound reproducible, and one (1) digital copy of the Final EIR for the City for use during the EIR certification process. As part of the Final EIR, LSA will prepare a Final MMRP pursuant to CECIA Public Resources Code (PRC) Section 21081.6. The MMRP is intended to ensure compliance with mitigation measures through project. completion and during any monitoring that may be required after project completion. The monitoring program will contain an inventory of mitigation measures, timing for implementation (e.g., prior to issuance of grading permits), the responsible staff or agency assigned to monitor the condition, and a compliance/noncompliance statement. The Draft MMRP will be submitted to the City for review and comment. The approved Final MMRP will be attached to the City's resolutions for consideration by the City Planning Commission and City Council. LSA will prepare a draft Findings of Fact and Statement of Overriding Considerations (if required) summarizing the findings and mitigation measures contained in the Final EIR. The draft Findings of Fact and Statement of Overriding Considerations will be prepared and delivered to City staff in electronic format for one round of review. The draft Findings of Fact and Statement of Overriding Considerations will then be revised and submitted for legal counsel review and finalization by the City. This document is separate from the Final EIR. LLSSSOCIATES, INC 23 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report This task represents an active project management role and includes attendance at various project meetings and coordination with agencies and interested parties. The project management role provides a mechanism to ensure there is an adequate exchange of information during project startup and preparation of the EIR. This task includes notifying the City of problems as they are encountered and working expeditiously to resolve them. Important elements of this task will be to maintain the project schedule, oversee the budget, and coordinate efforts with other consultants. To facilitate dissemination of information, LSA's Project Manager will maintain ongoing verbal and email communication with the City and its staff. The following table is a preliminary estimate of LSA's attendance at periodic project team meetings and public meetings during the environmental review process, as described in Tasks 3.1 through 3.4 above. The budget anticipates attendance by one or two LSA staff members at each meeting. During the environmental documentation process, LSA will monitor the number of meetings it attends to determine actual compliance with this estimate. Any additional meetings beyond those identified below will be with the approval of the City. Meeting Type Quantity Project Orientation/Kickoff (1 hour) 1 Scoping Meeting (3 hours) 1 Project Status Meetings (1 hour each) 2 Planning Commission Hearings (3 hours each) 2 City Council Hearings (3 hours each) 2 Tota I 8 LIVER R'G LSA proposes to prepare and submit the deliverables as presented below: • NOP: Up to twenty (20) hard copies and fifty (50) digital copies. • Screencheck B. , Three (3) bound copies, one (1) unbound reproducible, and one (1) digital copy • Public Review Draft Elio with Technical Appendices- Ten (10) bound copies, one (1) unbound reproducible, and seventy-five (75) digital copies or other electronic version as determined by the Project Manager. • rubR 'Revew Dora E i' o Stat Fifteen (15) digital copies and fifteen (15) hard copies of the Executive Summary. • RPsp nie u) Corn tints Two (2) bound copies and digital copies to any agency that submitted written comments on the Public Review Draft EIR • .: City of San Juan Capistrano Spieker Senior Development, Environmental Impact Report • Notices: Copies of the required notices posted with the County Clerk and State Clearinghouse Findings of Fact and Statement of Overriding Considerations (if required) NOTICES LSA shall prepare and post all required notices with the County Clerk and the State Clearinghouse, including: • Notice of Preparation: LSA shall prepare and mail the NOP to all public agencies and interested parties using the mailing list developed in conjunction with the City. • Notice of Availability: LSA shall prepare and submit the NOA to the County Clerk's Office in Orange County. The NOA of the Public Review Draft EIR must be posted for 30 days in the office of the County Clerk. • Notice of Completion: LSA shall prepare the NOC and submit it with the required number of digital copies of the Public Review Draft EIR with Technical Appendices and the required copies of the Executive Summary to the State Clearinghouse. • Notl e of I ee Exeo'nipdrim In the event the Public Review Draft EIR concludes there are no impacts to biological resources and the project qualifies for an exemption from payment of the California Department of Fish and Wildlife (CDFW) fee, LSA shall prepare and submit a request for fee exemption to CDFW when the Draft EIR is released for public review, or as early as possible in the public comment period. • Mice of er te r rr ador, p The consultant shall prepare and post the NOD with the County Clerk -Recorder within 5 days of the City's certification of the Final EIR. However, the payment of any CDFW fee, if required, will be the responsibility of the Project Applicant. c USAAS90 CIAI'ES, [NC 25 p^" City of San Juan Capistrano Spieker Senior Development Environmental Impact Pepoct The following schedule takes into consideration key factors such as the timely receipt of project information by LSA, the extent of comments received on the Public Review Draft EIR, and/or consolidated and non -conflicting set of comments by City Staff. It should also be noted that several of the tasks listed below would occur concurrently. Spieker Senior Development EIR Schedule Tasks Duration Project Initiation/Project Description: Kickoff Meeting 1 Day Prepare Draft Project Description 1 Week City Review of Project Description 1 Week Total 2 Weeks NOP/Scoping: Preparation of Administrative Draft NOP 1 Week City Review of Draft NOP 1 Week Final LSA Revisions to Draft NOP; Production and Distribution of NOP 1 Week Public Review of and Comment on NOP 30 Days Scoping Meeting 1 Day Total 7 Weeks Technical Analyses (Prepared Concurrently with NOP Tasks): Traffic Impact Analysis 6 Weeks Air Quality Impact and Greenhouse Gas Analysis 6 Weeks Noise Impact Analysis 4 Weeks Biological Resources Memorandum 4 Weeks Cultural Resource Report 4 Weeks Paleontological Report 4 Weeks Geotechnical Report Peer Review 4 Weeks Hazards Report Peer Review 4 Weeks Hydrologic Report Peer Review 4 Weeks Visual -Aesthetic Impact Analysis 4 Weeks Total 6 Weeks Screencheck EIR (Preparation of Several Tasks Overlap): Preparation of Screencheck Draft EIR 7 Weeks City Review of Screencheck Draft EIR 2 Weeks LSA Revisions to Screencheck Draft EIR 2 Weeks Total 11 Weeks Public Review Draft EIR: Preparation of Public Review Draft EIR 2 Weeks City Review of Public Review Draft EIR 2 Weeks LSA Revisions to Public Review Draft EIR 1 Week City Final Review of Revised Public Review Draft EIR 3 Days Final Revisions to and Production of Public Review Draft EIR for Public Review 1 Week Public Review Draft EIR Submitted to State Clearinghouse; 45 -day Public Review 45 Days Total 12 Weeks SSA pill City of San Juan Capistrano a Spieker Senior Development Environmental impact Report 1� / Spieker Senior Development EIR Schedule Tasks Duration Certified Final EIR (Preparation of Several Tasks Overlap): Preparation of Draft Responses to Comments 2 Weeks City Review of Draft Responses to Comments 2 Weeks LSA Revisions to Responses to Comments 1 Week LSA Preparation of MMRP, Errata, Findings of Fact, and SOC 2 Weeks City Review of MMRP, Errata, Findings of Fact, and SOC 1 Week LSA Revisions to MMRP, Errata, Findings of Fact, and SOC 1 Week Final Revisions to Final EIR 1 Week Reproduction of Responses to Comments and Final EIR 1 Week Distribution of Responses to Comments to Commenting Agencies 10 Days Prior to Hearings Public Hearings (Planning Commission and City Council) TBD Total 8 Weeks Complete EIR Schedule Approximately 38 Weeks EIR = Environmental Impact Report MMRP = Mitigation Monitoring and Reporting Program NOP = Notice of Preparation SOC = Statement of Overriding Considerations ................. 27 City of Sari Juan Capistrano Spieker Senior Development } Fnvir6nrnental Impact Report i` W As requested by the RFP, provided below is a sampling of select projects completed by the Project Manager and key staff that are similar to the proposed project. The sample projects are followed by a brief experience summary of the Project Manager and key staff members assigned to the project. The key staff members who will participate in and contribute to the preparation of the environmental document have extensive experience preparing environmental documents and technical studies in accordance with CEQA requirements. Working under the direction of Project Manager Ashley Davis, each key team member will be responsible for responding to project needs in his/her area of expertise and will direct qualified supporting staff as necessary to assist in completing specifically requested assignments. Through submission of this proposal, LSA guarantees that the key team members and, most importantly, Principal in Charge Frank Haselton and Ms. Davis, the Project Manager, will remain assigned to this project for the length of the contract. Ongoing and frequent communication between the Project Manager and City staff is the primary vehicle for early identification of emerging project issues and their solutions in order to minimize schedule impacts. LSA staff will be available and easily accessible to the City for daytime and evening meetings as required. Senior Residential Apartments IS/MND Location: Costa Mesa, California Key Staff: Ashley Davis LSA prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for a 230 -unit Senior Residential Community Project located on a 7.55 -acre site in the City of Costa Mesa. The IS/MND analyzed the environmental effects of the proposed project, which included 230 senior housing units, 258 parking spaces, related infrastructure, and recreational amenities. Proposed construction included two buildings that ' were two to four stories high with common outdoor amenities and parking areas. Discretionary actions associated with the proposed project included a rezone of the commercial site from C -IS (Shopping Center) and C2 (General Business) to PDC (Planned Development Commercial), a Master Plan for the new development of a senior apartment complex, and a variance request to designate private outdoor patios/balconies as exempt from the City's Noise Ordinance. Primary environmental issues of concern included geotechnical/soils analysis, noise, and aesthetics/visual impacts due to the project being immediately adjacent to existing residential uses. The City Council adopted the IS/MND and approved the project in November of 2010. LSA LSA ASSOCIATES, INC 28 { ir City of San Juan Capistrano' ' p� SpiekerSenlorDevelopment_ ani j Environmental Impact Report ri South Shorey Church EIR Location: Dana Point, California Key Staff: Ashley Davis, Frank Haselton, and Deborah McLean LSA is currently contracted with the City of Dana Point to prepare an EIR addressing potential environmental impacts associated with the construction and operation of the South Shores Church Master Plan. The project proposes to demolish the existing preschool, administration and fellowship hall, chapel, and parking lot, and to construct approximately 70,000 square feet (sf) of new building space, including a new administration building, two Christian education buildings, a community life center, and a two-level partially subterranean parking structure. The project is located in the California Coastal Zone along a scenic view corridor and is adjacent to open space, residential, and recreation uses. LSA is responsible for providing oversight on CEQA compliance and ensuring that the EIR addresses project impacts and includes mitigation to address impacts. Melrose Triangle EIR Location: West Hollywood, California Key Staff: Ashley Davis, Leo Simone, and Tony Chung, Ph.D. LSA [. ', ASSOCIATES, INC 29 Abtr� � City of San Juan Capistrano Spieker Senior Development 40% F �. Environmental Impact Report �,° Dana Point Harbor Marina Improvement Project Subsequent EIR Location: Dana Point, California Key Staff: Ashley Davis, Frank Haselton LSA recently completed preparation of the Subsequent EIR for the waterside component (Marina Improvements) of the Dana Point Harbor Revitalization Project. The County of Orange developed a plan to upgrade, refurbish, and expand existing harbor facilities to meet the current and projected needs of merchants and harbor visitors. A Program Final EIR was prepared for the overall Harbor Revitalization Project (landside and waterside areas) and certified by the County Board of Supervisors on January 31, 2006. The Marina Improvement Project, recently managed by Ms. Davis, had been evaluated at a preliminary, or program, level in that Final EIR. The Subsequent EIR was required to focus on significant effects not discussed in the previous Program Final EIR. The Subsequent EIR addressed the impacts of replacing all slips, docks, and pilings within the Harbor and focused on compliance with California Coastal Act (CCA) policies, marine biological resources, hydrology and water quality issues, and cumulative impacts related to construction activities. The Subsequent EIR was certified by the County Board of Supervisors on December 11, 2012. Blue Mountain Senior Villas EIR Location: Grand Terrace, California LSA Staff: Lynn Hayes ,.1 ,. a... T",7�.. In response to a legal challenge, the City of Grand Terrace contracted LSA to prepare an EIR for a proposed senior - oriented residential/recreation facility. The proposed development includes atwo-story, 120 -unit senior residential ,n facility totaling approximately 100,000 sf, an approximately 7,000 sf one-story senior center, and an approximately 2.6 - acre passive park. Issues assessed in the EIR included aesthetics, air quality, noise, land use and planning, population, and housing. The EIR process received vigorous attention from local citizens. During the environmental documentation for this project, LSA became well acquainted with neighborhood and community concerns. Kaiser Permanente Medical Office $ �tt►ri> Location: Lake Forest, California LSA Staff: Nicole Dubois KAISER PERMANENTE LSA was responsible preparing an IS/MND and technical studies for the Kaiser Permanente Medical Office Project. The project included the construction and operation of a single -story, approximately 36,022 sf medical office building proposed to be developed in two phases. The first phase would include development and operation of approximately 21,531 sf of medical office space. Phase 1 became LSA ` LSA ASSOCIATES, ;Ni 30 City of San Juan Capistrano Spieker Senior Development Environmental impact Report operational in April 2013. The second phase includes development and operation of an additional 14,491 sf of medical office space. At build out, the medical facility will include 24 offices, an outpatient pharmacy, a laboratory, an imaging/radiology center, administrative offices, and storage. As part of the preparation of the environmental documentation for this project, LSA prepared air quality, noise, and GHG technical analyses. LSA also conducted a biological survey of the project site and provided archaeological and paleontological monitoring during construction. The project and the IS/MND were approved by the City Planning Commission in November 2011. • . . .. -. . La Pata Avenue Gap Closure and Camino Del Rio Extension Project Location: San Juan Capistrano, California LSA Staff: Les Card, Angie Kung LSA managed a team consisting of a project engineer, three geotechnical consultants, a traffic consultant, a utility consultant, and a public relations firm to prepare technical studies, a Project Report, and an EIR to complete two links on the Master Plan of Arterial Highways. The project would extend La Pata Avenue through the Prima Deshecha Landfill, under electric transmission lines, and between the communities of Talega and Forster Ranch. The project would also extend a local roadway to intersect with the new arterial. The project's location required extensive coordination with Orange County (OC) Public Works, OC Waste and Recycling, OC Parks, Southern California Edison, San Diego Gas and Electric, the City of San Clemente, the City of San Juan Capistrano, and local residents. A previous effort to establish a preferred alignment was not successful in forging consensus among all of the interested parties. Preparation of technical studies included a biological assessment. LSA conducted floristic -level plant surveys, general wildlife surveys, jurisdictional delineation, and habitat mapping. LSA prepared presentations for public meetings, presentations to local homeowner associations, and updates to the County of Orange 5th District Supervisor. LSA shepherded the project through the process resulting in: a new alignment accepted by the majority of local homeowners, an approved Project Report, and a certified EIR. Following the successful completion of the preliminary design and CEQA work, LSA was awarded a second contract to prepare a National Environmental Policy Act (NEPA) document to enable the procurement of federal funding and to process the regulatory permits for construction of the road improvements. This work is currently underway in close coordination with OC Waste & Recycling. 34202 Del Obispo Street Project EIR Location: Dana Point, California LSA Staff: Ashley Davis, Alyssa Helper LSA is currently contracted with the City of Dana Point to address potential environmental impacts associated with the construction and operation of the 34202 Del Obispo Street project. The project 5, "L S n LSA ASSOCIATES. INC. + �. 31 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report proposes to develop a currently vacant site with a mixed-use development consisting of approximately 169 residential condominium units, 2,471 square feet of commercial uses, and a 0.45 -acre park. The proposed project is located in the California Coastal Zone and is adjacent to commercial, residential, and recreation uses. LSA is responsible for providing oversight on CEQA compliance, and ensuring that the EIR addresses any potential project impacts and includes mitigation to address impacts. Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Location: San Juan Capistrano, California LSA Staff: Debbie McLean, Logan Freeberg, Ivan Strudwick As part of a personal services agreement for on-call archaeological and paleontological monitoring with the City of San Juan Capistrano, and in compliance with CEQA, LSA has recently completed monitoring for the Del Obispo Widening Project. The project consisted of widening Del Obispo Street from Alipaz Street to Paseo Adelanto. Widening included the addition of one traffic lane in the westerly direction, as well as burying plastic conduit for running underground utilities, excavation for locating previous utilities, excavation of bioswales for control of precipitation runoff during construction, and moving of curbs and sidewalks. The project occurred along Del Obispo Street on both sides of Trabuco Creek at the intersections of Alipaz Street and Paseo Adelanto. No archaeological or paleontological resources were observed during the course of the project. State Route 74 — Lower Ortega Highway Widening EIR Location: San Juan Capistrano, California LSA Staff. Deborah Pracilio, King Thomas, Jayna Harris, Angie Kung LSA prepared an EIR to address the Lower Ortega Highway Widening project. The project will widen Ortega Highway (State Route 74 [SR -74]) from two to four lanes (adding one lane in each direction) through the City of San Juan Capistrano from Calle Entradero to the City/County line, a distance of 0.9 mile,. The EIR addresses the comments received by Caltrans during public review of the previous MND prepared by Caltrans in addition to comments received during public review of the Draft EIR prepared by LSA. Updated technical studies that LSA prepared in support of the EIR include a Hazardous Waste Initial Site Assessment (ISA), Supplemental Natural Environment Study (NES), Noise Analysis, and Air Quality Analysis. The Visual Impact Analysis was prepared by RBF Consulting as a subconsultant to LSA. The Final EIR was approved by Caltrans in November 2009. Caltrans has entered into a settlement agreement with the City of San Juan Capistrano and the Hunt Club Community Association regarding the Lower Ortega Widening Project. The City is currently working on securing funding for the design phase of this project. St. Margaret's Episcopal School and Church Expansion Location: San Juan Capistrano, California LSA Staff: Ashley Davis LSA prepared a Draft IS/MND for the St. Margaret's Episcopal School and Church Expansion. The proposal included a new master site development plan, including architectural design concepts for new buildings and additions, alternative development standards for building heights, and a shared parking agreement. The project proposed partial demolition of certain existing buildings and construction of new buildings, or building additions, with a total 282,392 gross square feet of building area. The L5� 32 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report J+w proposed project included a planned capacity of 1,307 students, which is an increase of 151 students over existing levels, and an increase of current staff from 210 to 225 staff members. Primary issues of concern addressed in the IS/MND included visual/aesthetic impacts, cultural resources, and traffic. Interstate 5 HOV Lane Extension Project Location: San Juan Capistrano, San Clemente, and Dana Point, California Project Staff: Deborah Pracilio, Jayna Harris LSA was the environmental task lead for the IS/EA. The Orange County Transportation Authority (OCTA) and Caltrans propose improvements on Interstate 5 (1-5) from 0.1 mile south of the Avenida Pico Undercrossing (UC) (Post Mile [PM] 3.0) to 0.1 mile south of the San Juan Creek Road UC (PM 8.7) in the Cities of San Clemente, Dana Point, and San Juan Capistrano. The project proposes to extend the high - occupancy vehicle (HOV) lanes in both directions on 1-5 from the existing terminus near State Route 1 (SR -1) (PM 8.691) to Avenida Pico (PM 3.279). In addition, the proposed project would construct auxiliary lanes at various locations and improve several existing on- and off -ramps to address the traffic demand and improve operations. The MND/Finding of No Significant Impact (FONSI) identified Alternative 4 with Design Option A as the Preferred Alternative. Design of the Preferred Alternative will be complete in mid -2013. Construction between San Juan Creek Road and Avenida Vista Hermosa will start in 2013 and be completed in 2015, and construction between Avenida Vista Hermosa and Avenida Pico will start in 2014 and be completed in 2017. j. _' -, TAI An organizational chart of key staff is provided on the following page. FRANK HASELTON, LSA Principal in Charge Mr. Haselton specializes in large, mixed-use land use projects characterized by sensitive environmental and community issues. He has a successful history of resolving issues and potential conflicts among the project proponent, regulatory agencies, and the community through responsible design and effective communication. Mr. Haselton has over 32 years of professional planning experience. He has practiced in both the private and public sectors, providing his clients with a broad and valuable background. ASHLEY DAvls, LSA Project Manager Ms. Davis contributes to project planning for large land use proposals and development projects. Her primary responsibilities include preparation and management of environmental documents pursuant to CEQA. She believes in developing strong client relationships through ongoing communication and has assisted and managed the preparation of environmental planning documents at LSA for over 16 years. Ms. Davis' most recent relevant project experience includes: Banning General Plan Amendment EIR, Dana Point Harbor Marina Improvement Project EIR, Melrose Triangle EIR, and Mesa Verde Senior Residential Community Project IS/MND. a L S 33 a a City of San Juan Capistrano Spieker Senior Development` t � Environmental Impact Report t TONY CHUNG, PH.D., LSA Air Quality/Noise Dr. Chung has performed more than 900 CEQA/NEPA-related and stand-alone noise studies for community noise analyses, including field measurement, modeling, and data analysis. Typical noise analysis includes construction, vehicular traffic, and long-term stationary -source operations. Dr. Chung performed more than 700 air quality studies for projects such as transportation facilities, landfills, office buildings, and ocean bay enhancement/sediment management projects. Dr. Chung also guides LSA's response to global climate change analysis. He monitors State and federal standards, case law, and scientific research to ensure that LSA's analyses reflect the rapid changes in this evolving field. Dr. Chung works with clients to develop a customized approach to global climate change analysis that not only meets, but anticipates, regulatory expectations. Cultural Resources Ms. McLean is responsible for coordinating and directing archaeological projects in compliance with NEPA, CEQA, and National Historic Preservation Act (NHPA) Section 106. Ms. McLean oversees laboratory operations, prepares technical reports, and has been with LSA since 1993. Ms. McLean's field and laboratory experience includes 8 years of prehistoric and historic archaeology in California. She has laboratory experience with prehistoric and historic archaeology collections from various parts of the United States, including extensive work with California archaeological and paleontological collections. Ms. McLean provides Principal oversight and review of cultural documents produced by the Irvine office and assists with review of cultural documents produced by other LSA offices. Jim HARRISON, LSA Biological Resources: As a Principal and Senior Botanist in LSA's Irvine office, Mr. Harrison is primarily responsible for botanical assessments, including floristic inventories, rare plant surveys, vegetation/habitat classification and mapping, impact analyses, and mitigation planning. He has been with LSA since August 1994, and his botanical expertise has involved a wide variety of native plant species and communities throughout Southern and Central California. Mr. Harrison also has extensive experience working with various resource and regulatory agencies to analyze impacts and recommend mitigation measures as part of CEQA/NEPA documentation for numerous private- and public -sector projects. ELL mrI 1=a: ii cr, VSS Visual/Aesthetics Mr. Font provides overall strategic responsibility for VSI, a visualization firm that creates extraordinary imagery, highly accurate simulations, virtual tours, and interactive sales office solutions for the building industry and abroad. Specializing in the production of highly accurate and incredibly photorealistic still image renderings, visual simulations, animations, and interactive presentations, the company's expertise lies in providing the visual tools needed throughout all stages of development, from planning, L S A 2 LSA ASSOCIATES. INC. , , C`9 35 City of San Juan Capistrano .Spieker Senior Development Environmental Impact Report (12 municipality work, and entitlement to marketing and sales. Mr. Font's passion for the building industry began when his father joined Pardee Homes in 1972, an Award Winning Builder of New Homes in California and Nevada. At an early age, Mr. Font found his strengths in art, architecture, business marketing, and technology. While working with his father, Mr. Font attended the University of Southern California and received his Bachelor of Architecture degree in 1992. He joined his brother Joe in co-founding SISI. VSI will be assisting with the visual aesthetics for this project. MICHAEL ROGERS, N rYV0 & Soils/Geotechnical Michael Rogers is a Senior Project Geologist responsible for providing geotechnical consulting services and project management for public works, commercial, and residential projects. He performs geologic and seismic hazard evaluations, provides geotechnical design services, and conducts forensic evaluations for a variety of projects throughout California. Mr. Rogers' project experience includes water treatment plants, power generating facilities, transmission lines, pipelines, renewable energy projects, commercial properties, and commercial and residential buildings. He conducts geologic field evaluations (including detailed logging of borings, rock cores, and trenches), analyzes site geologic conditions and potential geologic hazards, and develops recommendations for site preparation and mitigation of adverse conditions. Mr. Rogers will be available for peer review of the soil and geotechnical report. JOHN JAY ROBERTS, NINYO & MOORE Soils/Geotechnical As a Senior Geologist, John Jay Roberts has extensive experience performing environmental and geotechnical investigations of commercial and industrial properties and environmental site assessments of school sites, including Phase I, Preliminary Environmental Assessments (PEAS), Supplemental Site Investigations (SSIs), Removal Action Workplans (RAWs), Remedial Action Plans (RAPS), and Operations and Maintenance (O&M) plans. Mr. Roberts has completed characterization, remediation, and human health assessments on numerous properties. He has prepared successful applications for Brownfields clean-up grants and managed and performed hydrogeologic investigations, groundwater resource evaluations, and water supply studies. He also provides expert witness and litigation support for environmental, geotechnical, and mining matters. Mr. Roberts will be available for peer review of the soil and geotechnical report. IAN ADAM, FUSCOE Hydrologic Report Mr. Adam is a firm Principal and Fuscoe's Storm Water Management team leader. His specialty is water resources, with an emphasis in water quality regulations and Resource Agency interaction. His emphasis in storm water regulations and water quality BMP design has served as a valuable resource for cities, private developers, and public entities. Mr. Adam is currently working as the storm water consultant to several cities in Orange County for the development and implementation of and training on numerous storm water programs. He regularly interacts with the Regional Water Quality Control Board (RWQCB) LSA LSA ASSOCIATES, INC. 36 k City ofSan Juan Capistrano Spieker Senior Development Environmental Impact Report 0 and County ofOrange onwater quality issues, grant opportunitiesand LID solutions. Mr. Adam will be available as -needed for water quality support. ger As requested in the RFP' a one-page resume of the proposed Project Manager for this project, Ashley Davis, is provided on the following page. 37 ASHLEY DAVIS ASSOCIATE EXPERTISE Environmental Impact Assessment California Coastal Act Policies EDUCATION University of California, Irvine, B.A., Social Ecology, 1982. PROFESSIONAL ORGANIZATIONS/ MEMBERSHIPS Association of Environmental Professionals PROFESSIONAL EXPERIENCE Associate, LSA Associates, Inc., Irvine, California, 1983-1987; 2002—present. Intern/Assistant Planner, City of Irvine, Irvine, California, 1982-1983. LSA PROFESSIONAL RESPONSIBILITIES Ms. Davis contributes to project planning for large land use proposals and development projects. Her primary responsibilities include preparation and management of environmental documents pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). PROJECT EXPERIENCE Senior Residential Apartments IS/MND Costa Mesa, California Ms. Davis served as the Project Manager and prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for this 230 -unit senior residential community project located on a 7.55 -acre vacant site in the City of Costa Mesa. South Shores Church Dana Point, California LSA is contracted with the City of Dana Point to address potential environmental impacts associated with the construction and operation of the South Shores Church Master Plan. As Project Manager, Ms. Davis is responsible for providing oversight on CEQA compliance and ensuring that the Environmental Impact Report (EIR) addresses project impacts and includes mitigation to address these impacts. Dana Point Harbor Marina Improvement Project Dana Point, California Ms. Davis managed the completion of the Supplemental EIR (SEIR) for the waterside component (Marina Improvements) of the Dana Point Harbor Revitalization Project. A Program Final EIR was prepared for the overall Harbor Revitalization Project (landside and waterside areas) and certified by the County Board of Supervisors on January 31, 2006. The SEIR addressed the impacts of replacing all slips, docks, and pilings in the harbor and focused on compliance with California Coastal Act (CCA) policies, marine biological resources, hydrology and water quality issues, and cumulative impacts related to construction activities. The SEIR was certified by the County Board of Supervisors on December 11, 2012. Melrose Triangle West Hollywood, California Ms. Davis is managing preparation of the EIR for this approximately 300,000 - square -foot, mixed-use development in West Hollywood. Technical work performed by the LSA Team includes view simulations, a traffic impact analysis, an air quality analysis, a greenhouse gas analysis, a noise analysis, a biological constraints analysis, a cultural resource assessment, and a paleontological assessment. LSA has made recommendations to the City of West Hollywood and the applicant for needed technical work related to drainage, water quality, soils, and groundwater management in order to prepare a comprehensive EIR. Banning General Plan Amendment EIR Banning, California Ms. Davis is currently serving as Project Manager for preparation of an EIR for the City of Banning to amend its General Plan Circulation Element. Topics addressed in the FIR include traffic and circulation, cultural resources (Native American consultation in accordance with Senate Bill 18 requirements), land use and planning, air quality, climate change, and noise. Alternatives being addressed in the EIR include a combination of level of service thresholds with and without the interchange and also with no Interstate 10 (I-10)/Highland Home Road improvements. City of San Juan Capistrano Spieker Senior Development Environmental Impact Report 7.0 FEE ESTIMATE LSA proposes to accomplish the tasks described in this proposed scope of work for an estimated total fee of $295,040 for the EIR. This amount will not be exceeded without your authorization. Fees are charged on an hourly basis consistent with LSA's Schedule of Standard Contract Provisions and Billing Rates (provided in Appendix A). Reimbursable expenses will be charged separately per the standard contract provisions. Direct expenses for mileage and meals will be billed on a pass-through basis. Copying and materials will be billed on a cost -plus -10 -percent basis. This fee is based on past experience with the level of effort needed to complete the CEQA process. LSA will aggressively identify strategies for reducing the overall work effort while maintaining the client's objectives and the legal adequacy of the work products. A fee by project task is provided in the table below. EIR Task Description Cost by Task Task 1.0: Project Initiation/Project Description_ $6,895 Task 2.0: Technical Reports 2.1 Traffic Impact Analysis $40,110 2.2 Air Quality/Greenhouse Gas Analysis $9,660 2.3 Noise Analysis $8,340 2.4 Biological Resources Memorandum $4,865 2.5 Cultural Resources Report $3,625 2.6 Paleontological Resources Report $4,520 2.7 Geotechnical Report Review $6,702 2.8 Hazardous Materials Technical Study Review $7,008 2.9 Hydrology and Water Quality Peer Review $5,347 2.10 Aesthetics/View Simulations $12,940 Task 2.0 Subtotal $103,117 Task 3.0 Environmental Documentation 3.1 NOP/Scoping $9,050 3.2 Screencheck Draft EIR $60,820 3.3 Draft EIR $42,240 3.4 Final EIR $17,920 Task 3.0 Subtotal $144,690 Task 4.0 Project Management & Coordination/Meetings $15,780 LABOR SUBTOTAL $255,822 Reimbursable Expenses* $39,218 Total $295,040 Reimbursables are based on deliverables as outlined in the RFP. A complete breakdown of costs by position, hourly rate, task, and hours budgeted for each task is provided on the following page. LSAUSS2VC 39 q � 9 I I IIIIIIIIIIIIIIIIII Millillillillillilillill mt I, City of San Juan Capistrano Spieker Senior Development tca. K Environmental Impact Report \ ` Direct costs (including outside vendors used for photocopying) are to be reimbursed at cost, unless other arrangements are made in advance and are not included in the hourly fee for professional services provided above. Direct costs can be invoiced separately at the City's request. Appendix A provides LSA's current fee schedule for direct costs. Printing costs are difficult to quantify, since the size and composition (i.e., graphics size and medium) are uncertain at this time. LSA stresses that the cost of reproducing a document is not known until the document is complete. Reproduction of technical reports generally costs approximately $100 per report, and EIRs can range from $135 to over $500 each; therefore, LSA emphasizes that the cost of reproducing a document is not known until the document is complete. For the purposes of the reimbursable estimate provided above, LSA estimates a cost of $250 per draft document (with technical information on CD) and $325 for the proposed final document (Draft EIR and Responses to Comments document in print, with technical information on CD). Reimbursable expenses also include mileage for site visits, team meetings, public meetings, and mailing costs (e.g., overnight delivery for documents at the start of the public review period). In accordance with the RFP, LSA proposes to prepare and submit the deliverables as presented below. Each deliverable below has been identified and discussed within the corresponding task presented in Task 3.0 of this proposal. • M4=': Up to twenty (20) hard copies and fifty (50) digital copies. • Screencheck EM: Three (3) bound copies, one (1) unbound reproducible, and one (1) digital copy • Pub,lc G`eviery Daft 'E.9s with f'echn'ca pp dnces; Ten (10) bound copies, one (1) unbound reproducible, and seventy-five (75) digital copies or other electronic version as determined by the Project Manager • PubHc Re0ew Draft EIR. to State Oeadnghouse: Fifteen (15) digital copies and fifteen (15) hard copies of the Executive Summary. • I;s a .z ^. a hr . Two (2) bound copies, and digital copies to any agency that submitted written comments on the Public Review Draft EIR • Certified Fi aai EIR; Two (2) bound copies, one (1) unbound reproducible, and one (1) digital copy containing all information required herein • Notices: Copies of the required notices posted with the County Clerk and State Clearinghouse • Findings of Fact and Statement of Overriding Considerations (if required) Should any significant changes to the scope of the IS and EIR be required, a budget adjustment may be necessary. This proposal is valid for a period of 90 days from the date of this proposal. If acceptance and t= e. . L S A ust nsscicaarFs, cnz;. 42 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report authorization to proceed are not received within that period, LSA reserves the right to renegotiate the estimated costs and scope of work. Consulting services will be provided in accordance with the "Standard Terms and Conditions" and "Standard Fee Schedule," which are integral to this proposal. LSA LSA ASSOCIATES, INC 43 City of San Juan Capistrano Spieker Senior Development Environmental Impact Report: 294M -al ANB-BILLING RATES L S A LSA ASSOCIATES, INC. d' M .a O a yq 69 6R ff3 69 5A bo9 6A b9 x _� U U IE O U n O N U C = U J N N y Vf 'pA y N Vi — 72 Un V� =m � Q = o oa3w2 ZZ: mmv Q L ti U lu iu c c c o 0 Q d a iY c4 sU-. of N ca y _ � .- .O - i C�4 RcaO O .0 ca 'y U U T O •fl vOi U C L O c O � y C. m ami ti O v C iO ^p cYa C) LLI N ca ca It C� C 7E 79 C C C G a ¢v Wc. W ci dwa r U ,b U N F" � 3 = y ttf •L > id N U .. .� � � � •N .c �, � � m � w � � o wL¢ d' M .a LSA ASSOCIATES, INC. LSA IN-HOUSE DIRECT EXPENSES JUNE 2013 L:\CORP\contmct.doc u06/04/13» Unit Cost Reproduction (8.5 x I I)B/W $.07 per page Reproduction (8.5 x I I)Color _ _ $.40 per page Reproduction (I1 x 17) B/W $.10 per page Reproduction 11 x 17 Color $.75 per page CD Production $5.00 per CD Plotting $3.75 per sf Mileage On Road -- — $.565 per mile — - Mileage Off -Road $.715 per mile GPS Unit $75.00 perda Total Station Surveying Instrument $5000 per day Level Laser or tical $25.00 per da Laser Rangefinder $25.00 per day Sound Meter Aerial Photo Cost Boat Rental $50.00/day Water Quality Meter $25.00/da L:\CORP\contmct.doc u06/04/13» /1776 CITY OF SAN JUAN CAPISTRANO REQUEST FOR PROPOSALS FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR SPIEKER SENIOR DEVELOPMENT — A CONTINUING CARE RETIREMENT COMMUNITY (SPIEKER SENIOR DEVELOPMENT PARTNERS) SUBMIT OR E-MAIL YOUR PROPOSAL BY NOON (12:00 PM) ON THURSDAY, DECEMBER 5, 2013 TO: City of San Juan Capistrano Attn: David Contreras, Senior Planner Development Services Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 dcontreraas@sanjuancapistrano.or. (949) 443-6320 1. INTRODUCTION The City of San Juan Capistrano is soliciting proposals for the preparation of an Environmental Impact Report (EIR) for the Spieker Senior Development Project, a 43 - acre continuing care retirement community. The development is a project of Spieker Senior Development Partners, whose project description is provided as an attachment. 2. SCOPE OF WORK The scope of work requirements is attached as a separate document. 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. Specific requirements: ATTACHMENT 2 Request for Proposals (RFP) CEQA Documentation Spieker Senior Development City of San Juan Capistrano 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 dcontreras( ,)sanivancapistrano.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 comprised of City staff will review the proposals pursuant to City Council Consultant Selection Policy with particular emphasis on the following factors consistent with the City's adopted Purchasing Policies and Procedures to select the most qualified consultant: 5.1 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. 5.2 Completeness of proposal. 5.3 Firm's experience and resources. 5.4 Professional qualifications of key personnel. After evaluation of the proposal, the City will determine if are needed. Please reserve Monday, December 9 between 1:00 and 5:30 pm for a potential phone interview with your firm's proposed project manager. The City will select the most qualified consultant with whom 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 -2- Request for Proposals (RFP) CEQA Documentation Spieker Senior Development City of San Juan Capistrano Juan Capistrano Professional Services Agreement (attached). 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 committee 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. 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. Proposals that 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 -3- Request for Proposals (RFP) CEQA Documentation Spieker Senior Development City of San Juan Capistrano action or liability arising under the Public Records Act. 9. QUESTIONS Questions regarding this RFP should be sent in writing to David Contreras, Senior Planner, via email to dcontreras(a?sanjuancapistrano.orq. 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. Attachments: Preliminary Project Description Scope of Work Requirements Standard City Personal Services Agreement (PSA) Me Project Description Senior Development Partners Spieker Senior Development Project Description Project Definition Spieker Senior Development is proposing to develop a continuing care retirement community (CCRC) as defined by the California Department of Social Services. The proposed community is designed for residents over the age of sixty (60) and contains three defining elements. First, the community provides residences of varying sizes and styles, ranging from affordable one -bedroom apartments to spacious single -story homes. Second, residents of the community are provided extensive services and access to convenient amenities including a state-of-the-art fitness center and recreation facilities, fine dining in multiple on-site restaurant venues, housekeeping and transportation services and much more. Third, unlimited access to assisted living, memory care services and long term care in a skilled nursing facility are provided in the adjacent health care center in the event residents develop a need for a higher level of care. When combined in an elegant, high-quality setting the three elements provide comfort, security and peace of mind to residents looking to enjoy their retirement free from the traditional burdens of home maintenance and worries associated with long term care. The community will be licensed as a CCRC through the State of California Department of Social Services (DSS) Continuing Care Branch, and as a Residential Care Facility for the Elderly (RCFE). The adjacent health care center will be licensed to provide assisted living and special care (dementia services) as an RCFE by DSS and to provide skilled nursing by the California Department of Public Health. Project Operator Spieker contracts with Continuing Life (CL) and Life Care Services in the operation of its communities. The team has over twenty years of experience operating award-winning' continuing care retirement communities throughout California. The company currently operates communities in Orange, San Diego, Ventura and Alameda Counties. .:... -�� oe STONERIDGE _^- GREE PLEASANT-- l�jOrniri/}+�/�`� A R L S B A D side La Costa Glen UNIVERSITY VILLAGE - lJ.�.--- ACONTINUING LIFE" RETIREMENT COMMUNITY A Co1,r.11- LP C-11111 THOUSAND OAKS A(bulvwivN Lilo` Re4rcmnd ('vmmuuily ' Awards include "Top Service Enhanced Senior Housing Project", National Council on Seniors Housing, 'Best Seniors Project, Active Adult", Pacific Coast Builders Conference, and "Category Winner; Active Adult and Assisted Living", Builders Magazine Project Description Spieker Senior Development Project Location As illustrated below, the proposed continuing care retirement community (CCRC) development is located on approximately 34 acres between Del Obispo St. and Alipaz St. north of Via Positiva. The property is currently used as a regional distribution and growing center by a commercial nursery operator. As a Public/Institutional land use, the CCRC use is consistent with neighboring Public/Institutional uses including assisted living facilities, churches and schools. In addition, the residential appearance of the community will blend with the single and multi -family residential uses neighboring the property. In connection with the proposed CCRC development, the applicant is proposing to enhance the existing 8 acre retail parcel adjacent to the proposed community. Continuing Care Retirement Community (CCRC) The proposed CCRC is composed of two main components: Independent Living residences, for those seniors capable of residing in the community without daily assistance; and the Health Care Center, for those residents requiring daily assistance or medical attention. Independent Living The independent living portion of the proposed community comprises the majority of the project's acreage and square footage. It includes 426 residences of various sizes and types as well as common buildings and amenities designed to provide recreational opportunities and deliver services. Project Description B uoi;duosaa ;oafoid 419 ems i �s s�s �sirixs a spa n m �s �.: .: m y gs juawdolanap aoivaS aa�aidS Spieker Senior Development Courtyard Apartments The community's two hundred ninety (290) courtyard apartments range in size from one to three bedrooms and from approximately seven hundred (700) to twenty-four hundred (2,400) square feet. Each residence includes an active emergency call system to help facilitate the community's obligation to monitor the overall well being of the community's residents. Buildings housing the residences are three stories and are located as conveniently as possible to the community clubhouse where residents will generally walk several times each day to dine in the restaurants and participate in community activities. Each individual residence is single level and accessed through interior corridors with convenient elevator access. Garden Terraces The community's sixty four (64) garden terraces are two story variants of the traditional independent living residences built in a garden apartment configuration with windows on two sides and large outdoor living areas or lanais. Individual residences range in size from approximately fourteen hundred (1,400) to approximately sixteen hundred (1,600) square feet. Each residence is single level and is accessed via a covered exterior walkway or elevator. Villas The community's seventy two (72) villas are constructed as single level attached duplexes and provide residents with an alternative to the apartment style independent living options. Each residence features an attached garage and private patio. Similar to the community's garden terraces, villas range in size from fourteen hundred (1,400) to twenty four hundred (2,400) square feet. Clubhouse This two-story clubhouse building serves as the social nucleus of the community. It contains many of the common facilities utilized by the residents of the community including two restaurant -style dining venues (served by a commercial kitchen), private dining rooms, a library, resident lounges, a banking center, card and billiard rooms, a computer center and mail room. The building also houses the community's administrative offices. Recreation Building The one-story recreation building, located adjacent to the resident pool, houses an exercise and fitness center, a health spa/beauty salon, an art studio, and a performing.arts auditorium. Maintenance Building The community's two-story maintenance building serves three functions. It houses the community's maintenance department which includes a workshop, data center, key card machines, offices, an employee lounge and plan storage. The building also contains a commercial laundry which provides services to the residents of the community and the Project Description Spieker Senior Development health care center. Finally, the maintenance building functions as the community's plant, housing the control center for the community's high efficiency HVAC network and other utility systems. Outdoor Amenities In addition to those amenities provided inside the buildings described above, residents will have access to a number of outdoor amenities, both passive and active, including water front dining, a short game golf course, croquet lawn, bocce ball courts, tennis court, dog park, walking paths and a gardening center. Resident Services Although residents in the Independent Living portion of the community can typically live comfortably without regular support, each has access to on-site services designed to provide convenience and peace of mind while extending the period in their lives where they can live independently. These services include regular housekeeping and home maintenance; landscape maintenance; a twenty-four (24) hour emergency call system monitored by trained first response professionals; scheduled and unscheduled transportation to shopping, medical, entertainment and religious venues; and unlimited access to assisted living, memory support services, and long term care in a skilled nursing facility in the adjacent health care center. Health Care Center The health care center is located immediately adjacent to the independent living portion of the community with convenient vehicular and pedestrian access connecting the two areas of the campus. The proposed center is comprised of four service levels in two separately licensed facilities. Assisted Living The two-story assisted living facility will contain sixty (60) apartments including studio, one -bedroom and two-bedroom floor plans. Here, specially trained staff assist residents with Activities of Daily Living (ADL) such as personal laundry, medication monitoring, assistance with bathing, eating and dressing, etc. The facility is designed around a landscaped central courtyard. Twenty one (21) of the assisted living apartments will comprise the community's memory support center built around a dedicated courtyard. Residents are provided with regular activities, social opportunities, and care designed to accommodate their unique needs. Skilled Nursing The single -story skilled nursing facility will include nursing services in twenty (20) private and twenty one (21) semi -private accommodations centered around a landscaped courtyard. The facility will be located immediately adjacent to the Project Description Spieker Senior Development assisted living component of the health care center. Here, residents will receive twenty-four (24) hour nursing and rehabilitative care. A specially designed therapy center will be located within the skilled nursing facility to provide speech, occupational and physical therapy to residents of both the health care center and the independent living portion of the retirement community. Environmental Impacts It is proposed that the environmental impacts of the proposed project will be analyzed as part of a comprehensive environmental impact report conducted by the city of San Juan Capistrano and its consultants. Below is an initial overview of the potential impacts. Aesthetics The Project Area currently consists of several dozen commercial greenhouses, loading docks and supporting infrastructure on paved and unpaved surfaces. No portions of the property remain undisturbed in a natural condition; public roadways, commercial retail, mobile home parks, public schools, an assisted living community, a large community church, and open space surround the site. Visual compatibility of the Project to existing structures and the natural environment will all be taken into careful consideration in planning documents. Because assessments of the visual impact of the Project to the surrounding area is highly subjective, computer-generated visual simulations will be used to illustrate the change to the visual landscape. If appropriate, mitigation measures will be proposed to reduce the effects of potentially significant impacts. The Project Area is not located within the view shed of a state or City -designated scenic highway corridor and, therefore, would not have a substantial adverse effect on these resources. Project Description Spieker Senior Development The Project is expected to increase site illumination levels relative to the Project Area's current conditions. The Project, however, will utilize a variety of techniques such as scheduled dimming and installation of a combination of shielded and cutoff fixtures which will greatly reduce light illumination levels and light intensity. Agriculture and Forest Resources Although the Project Area is currently used for commercial agricultural warehousing and production in large scale greenhouses, the site is neither bound under the Williamson Act contract nor classified as prime farmland by the state of California. Because of the large footprint of existing commercial greenhouses on the property and the lack of any in - ground growing operations, concerns regarding conversion of forest land to non -forest use or farmland to non- agricultural use are anticipated to be insignificant. Air Quality Because construction -related activities are generally short-term in duration, it is not anticipated that there will be any thresholds of significance for their associated emissions. In addition, construction -level air quality emissions are typically not compared with a quantified threshold in that the construction industry is already an existing source of emissions within San Juan Capistrano and its surrounding areas. However, as standard practice, mitigation measures such as daily sweeping, water, covering trucks, hydro -seed, etc., will be used throughout all construction phases to reduce impacts associated with construction dust. Air emission point sources such as boilers and combustion equipment that produce electricity or generate heat and smaller point sources such as commercial water heaters are often found throughout CCRC properties. Forward thinking paired with state-of-the-art technology has allowed Spieker to reduce air emissions that would be associated with more traditional facilities. From installing high -efficiency HVAC systems down to using green building materials, Spieker prides itself on reducing its environmental impact. Biological Resources The Project will re -develop a currently developed site, all of which has been previously disturbed and much of which is covered by concrete and asphalt paving and enclosed greenhouses. This redevelopment lessens the potential disturbance to biological resources when compared to new development proposed on an undisturbed site. The Project Area is not designated as a protected wetland and therefore would not have an adverse impact as defined by Section 404 of the Clean Water Act. The Project would not conflict with any local policies or ordinances protecting biological resources or interfere with migratory wildlife and, therefore, does not fall under the provisions of an adopted Habitat Plan Natural Community. Cultural Resources The modern facilities that are currently on the Project Area are not of historical value or listed in the California Register of Historical Resources. Prior to grading, Spieker will consult an archaeologist with expertise in California prehistoric archaeology. If it is determined that the Project could potentially impact important archaeological resources, an appropriate archaeological monitoring program will be designed. Should an archaeological resource be encountered, Spieker will then contact City and tribal representatives to determine the appropriate disposition of the findings. If human remains are discovered, the County Coroner will be immediately contacted. If the coroner determines that the remains are of Native American heritage, Spieker will notify the California State Native American Heritage Commission. Project Description 8 uoildiaosaa ;oafoad �uewdoJanaQ aoivaS aa){aidS Spieker Senior Development Geology and Soils The state of California is located on the Pacific Ring of Fire, a region of high seismic activity — most notably the San Andres fault which caused the 1812 Wrightwood earthquake (which is also known as the San Juan Capistrano earthquake). The project is located near the Newport -Inglewood (offshore) and San Joaquin Hills faults, as zoned under the Alquist-Priolo Earthquake Fault Zoning Act 1974- 2007, and considered a seismically active region of Southern California. However, the Hazard Zone Maps for the Dana Point quadrangle indicate that the Project Area is not located within a zone susceptible to earthquake -induced landslides. Worst-case check analysis was performed assuming a groundwater table at a depth of 20 feet and results of the analysis indicated that only very discrete, thin layers of soils would be subject to liquefaction. Neither seismic settlement nor lateral spreading is anticipated to represent a significant design constraint, especially when the lack of groundwater noted on-site is considered. Greenhouse Gas Emissions The Project does not foresee generating greenhouse gas emissions that will have a significant impact on the environment. When compared to the current use of the property, the Project will increase the Project Area's current greenhouse gas emissions. However, the pedestrian orientation of the Project, (where all residents can and will walk to most of their daily activities), combined with the community's shuttle service (provided at no additional charge to residents) produce low emission levels when compared to comparably sized residential or commercial developments. Furthermore, Spieker is committed to reducing Greenhouse Gas Emissions and has experience with a significant number of green initiatives designed to reduce the generation and impact of greenhouse gasses associated with its communities. Hazards and Hazardous Materials While the Project will involve the routine use of hazardous materials such as gardening fertilizers and pool chemicals, no significant hazard to the public or the environment is anticipated to occur. Stage 1 soil testing has also shown no contamination within the Project Area and the site is not listed on registers of hazardous materials sites. Neither a public nor private airstrip is located around the property and, therefore, the Project does not pose a aviation related safety hazard for those living or working within the Project Area. Similarly, there are no public thru-streets that divide the property; the Project would pose no interference to an adopted emergency response plan or emergency evacuation plan. Because the Project Area is surrounded by development, there are no heavily wooded areas near or adjacent to the property that could potentially create a high fire hazard. Hydrology and Water Quality Completed Stage 1 reports indicate groundwater will likely not be encountered during grading and should not be an issue during construction. The Project intends to utilize public utilities and will not deplete water supplies. The Project Area does not contain a stream or river. As such, no alterations to existing drainage patterns are anticipated. The Project Area is not located within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map. Project Description 9 Spieker Senior Development Land Use Planning Since the Project Area is of contiguous acreage, no division will be created within an established community. The Project is not anticipated to create potentially damaging environmental effects and will therefore not conflict with any applicable land use plan for the purpose of avoiding or mitigating environmental effects. The Project Area will not conflict with any applicable habitat conservation plan and is not regulated by the California Department of Fish and Game or U.S. Fish and Wildlife service, recognized as a federally protected wetland, or shown on Farmland Mapping and Monitoring Program of the California Resources Agency. Mineral Resources Stage 1 reports indicate that subsurface conditions consist of alluvial deposits that originate from the San Juan Creek watershed, silts, clay, cobble layers, and bedrock. No known natural resources of value to the residents of the state are within the Project Area and the Project would, therefore, not result in a loss of available resources. Noise Spieker designs its communities to provide for the comfort and convenience of its residents, including absence of noise pollution. Residences are designed to meet single event interior noise levels of 50 dBA or less in bedrooms and 55 dBA or less in other rooms. Like much of the Capistrano Valley, the Project Area is subject to occasional train horns, but the distance from the railroad tracks and other sources of groundbourne noise levels minimize the potential for resident exposure to groundbourne vibration and associated noise levels. The Project Area is not located within two miles of a public or private airstrip and would not expose residents to its associated noise levels. The Project Area is currently in use as a commercial nursery distribution and growing center requiring dozens of daily delivery and pickup operations by commercial trucks as well as regular work crews operating machinery throughout the site. During Project construction, a temporary increase in noise levels is anticipated. However, noise reduction efforts will be utilized. Once completed, the noise generated by the Project will be insignificant. Population and Housing While the project will provide much needed senior housing to the broader community, it will not displace any residents or facilitate the need to build replacement residential housing elsewhere. Public Services Because the Project does provide new housing, basic governmental services such as fire and police protection will be required. However, the Project will install state-of-the-art fire suppression and emergency response systems and provide its own security services and 24/7 first response team which will reduce its impact on public services. As an age restricted Residential Care Facility for the Elderly (RCFE), the Project will not have any negative impact on local public schools. Recreation The Project is designed to provide numerous on site recreational facilities for its residents including bocce ball, tennis, short game golf course, dog park, theater, billiards and card rooms, art studio, gardening areas, wood shop, fitness center, swimming pool, spa and more. As a result the impact of the communities residents on local parks and other public recreation amenities is expected to be insignificant. The construction of these facilities would not have an adverse physical effect on the environment. Project Description 10 Spieker Senior Development Transportation/Traffic It is not anticipated that the Project's impacts to the area's transportation and traffic systems will materially effect public transit or safety standards. Features will be installed to reduce potentially hazardous design while still allowing more than adequate emergency access. Although the Project's traffic impacts will be more significant than those of the current land use, the impacts will be much less significant than those of residential or other uses of comparable size. The close proximity to OCTA bus lines and the Capistrano Depot commuter rail station will further reduce traffic impacts of residents and employees. The Project Area is immediately adjacent to three roadways and several existing and potentially new intersections. The Project' points of entry and vehicular flows will be designed to to minimize its impact on neighboring traffic circulation. Utilities and Service Systems The Project's impact on utilities and service systems is not anticipated to be detrimental to existing facilities. Landfill use will be reduced through in-house recycling in both resident and commercial structures. In-house back up generators and emergency supplies will reduce any potential demand on existing public systems. Mandatory Findings of Significance The Project Area is not located on land that is listed as significant interest to the City, U.S. Fish and Wildlife Service, Department of Fish and Game, federally protected wetlands as defined by Section 404 of the Clean Water Act, Farmland Mapping and Monitoring Program of the California Resources Agency, or the California Department of Forestry and Fire Protection. It is also not zoned under the California Agricultural land Evaluation and Site Assessment Model (1997), zoned for Timberland Production, zoned under the Williamson Act contract, or considered farmland of Prime, Unique, or of Statewide Importance and will not cause substantial adverse environmental effects. Spieker has policies in place to monitor and protect sites that may be of historical, archaeological, paleontological, or geologic importance and will notify the appropriate City or Native American tribal representatives with regards to potentially significant resources. Project Description 11 Juot SCOPE OF WORK REQUIREMENTS FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR ms SPIEKER SENIOR DEVELOPMENT — A CONTINUING CARE •�,;dRETIREMENT COMMUNITY (SPIEKER SENIOR DEVELOPMENT PARTNERS) The Environmental Impact Report (EIR) shall provide a comprehensive reporting on the potentially significant, adverse, environmental impacts of the proposed project consistent with the provisions of the California Environmental Quality Act and the City's adopted Environmental Review Guidelines. 1. PROJECT DESCRIPTION 1.1. Project Location: The Spieker Senior Development project is located in the City of San Juan Capistrano in Southern Orange County. The proposed project is located on approximately 43 acres at 32382 Del Obispo Street. The site is an active commercial nursery site with a Farm -to -Market grocery store, an Armstrong Garden Center, and a regional distribution and growing facility. The retail component with the grocery store and garden center is located on approximately 8 acres in the southwest area of the site. The remaining 34 acres consists of several green houses, growing areas, storage sheds, office space for employees, and associated facilities. The project site is generally bordered to the west by Del Obispo Street, to the east by Alipaz Street, to the south by Via Positiva and Kinoshita Elementary School, and to the north by a 55+ mobile home park community and a church with K-8 private academy. 1.2. Project Description: The project consists of two components: a continuing care retirement community and a retail center. 1.2.1 Continuing Care Retirement Community (CCRC) (34 acres) The CCRC will be located on the existing growers site. The CCRC is comprised of two components: independent living residences and a heath care facility with assisted care and skilled nursing services. There are also outdoor recreation amenities, a recreation building, and a clubhouse. Independent Living (426 units) Courtyard Apartments (290 units) ranging in size from 700 to 2,400 square feet. The buildings housing the residences are three stories with elevators and interior corridors. • Garden Terraces (64 units) ranging in size from 1,400 to 1,600 square feet. The buildings housing the residences are two stories and accessed via exterior walkways or elevator. Scope of Work Environmental Impact Report Spieker Senior Development City of San Juan Capistrano Villas (72 units) ranging in size from 1,400 to 2,400 square feet. Single -level attached duplexes with attached garage and private patio. Health Care Center • Assisted Living Apartments (60 units) including studio, one- bedroom, and two-bedroom floor plans in a two-story building. Trained staff is on-site to assist residents. • Skilled Nursing Services (41 beds) in a single -story, 24-hour facility. Clubhouse Includes two restaurant -style dining venues, a library, a banking center, lounges, recreational rooms, mailroom, and the community's administrative offices. Recreation Building Includes an exercise and fitness center, beauty salon, art studio, performing arts auditorium, and outdoor pool. Maintenance Building Two-story building that houses the maintenance services, an employee lounge, and a commercial laundry. 1.2.2 Retail Center (8 acres) The retail component is located on the existing retail site. It is intended to remain a retail center. 1.3. Discretionary Actions: Project implementation will necessitate approval of the following discretionary actions: General Plan Amendment, Rezone Amendment, Specific Plan, Tentative Parcel Map, Architectural Control, Conditional Use Permit, and grading plan modification. Additionally, a development agreement will be executed between the City and the developer. 1.3.1 General Plan Amendment The General Plan land use designation of the 8 -acre retail component will be changed from Farm Market to General Commercial. The 34 -acre site will be amended from Agri- business to Public & Institutional (Specific Plan). 1.3.2 Rezone Amendment The 8 -acre retail component has a zoning designation of Farm Market and the growers site has a zoning designation of Agri -business. The project changes the zoning on both components to Specific Plan/Precise Plan District. 1.3.3 Specific Plan A specific plan will establish the land use and development plan for the site. 1.3.4 Tentative Parcel Map (TPM) A TPM is required for the site. 1.3.5 Architectural Control The site plan and architectural design of the project must be reviewed and approved. -2- Scope of Work Environmental Impact Report Spieker Senior Development City of San Juan Capistrano 1.3.6 Conditional Use Permit The CCRC must obtain a conditional use permit. 1.3.7 Grading Modification Plan The grading modification plan allows grades to be altered by more than two feet. 1.4. Project Phasing: A phasing plan will be considered through the application process. 1.5. Project Operation and Management: The CCRC will be licensed through the State of California Department of Social Services (DPSS) Continuing Care Branch, and as a Residential Care Facility for the Elderly (RCFE). Additionally, the health center will be licensed to provide skilled nursing services by the California Department of Public Health. Management of the CCRC will be provided by Continuing Life (CL) and Life Care Services. 2. TECHNICAL STUDIES/REPORTS: The consultant will prepare or contract for the preparation of all necessary technical studies/reports, which will serve as substantive and technical foundation of the Environmental Impact Report (EIR). Such studies/reports shall use methodologies consistent with professionally accepted practice subject to City review and acceptance, as well as City -established guidelines. The consultant is expected to propose an appropriate scope of technical work based on their knowledge and understanding of the proposed project, the requirements of CEQA, and the City's established significance thresholds. However, the City anticipates the following technical reports will be required: 2.1 Traffic impact analysis A traffic report shall be prepared consistent with the City's Administrative Policy 310 - Preparation and Use of Traffic Reports in consultation with the City's Senior Engineer -Traffic. Mitigation measures for any off-site improvements determined necessary to mitigate the project's direct impacts 9existing plus project impact) must be consistent with City Council Administrative Policy 111 - Fair Share Methodology. The traffic report shall include the following: 2.1.1 Level of Service (LOS) using both ICU and HCM methods at the following intersections based on the City's minimum "D" level -of -service per the General Plan Growth Management Element. All traffic counts used for this evaluation shall have been taken within one year of the notice to proceed for this traffic study. Traffic signal cycle lengths and peak hour factors used in any calculations shall be verified prior to intersection calculations being performed. 1. Ortega Highway / Del Obispo Street 2. Ortega Highway/ EI Camino Real 3. Ortega Highway / Verdugo Street / Camino Capistrano 4. Del Obispo Street / Camino Capistrano -3- Scope of Work Environmental Impact Report Spieker Senior Development City of San Juan Capistrano 5. Del Obispo Street / Paseo Adelanto 6. Del Obispo Street / Alipaz Street 7. Del Obispo Street / Via Belardes / Paseo Carolina 8. Del Obispo Street / Aguacate Road 9. Del Obispo Street / Calle Aspero 10. Del Obispo Street / Project Driveway 11. Del Obispo Street / Vermeulen Driveway 12. Del Obispo Street / Camino Del Avion 13. Alipaz Street / Project Driveway 14. Alipaz Street / Via Positiva 15. Alipaz Street / Camino Del Avion 16. Via Positiva / Project Driveway 17. Camino Del Avion / Via Positiva 18. Camino Capistrano / Forster Street 19. Camino Capistrano / San Juan Creek Road 20. Camino Capistrano / 1-5 Southbound Ramps 21. San Juan Creek Road / Valle Road 22. Valle Road / La Novia Avenue / 1-5 Northbound Ramps 2.1.1 Level of Service (LOS) using ADT and peak -hour Link Capacity Analysis Methodology on the following links based on the City's minimum "C" level -of service per the General Plan Growth Management Element: 1. Ortega Highway: Del Obispo Street - EI Camino Real 2. Ortega Highway: EI Camino Real - Camino Capistrano 3. Del Obispo Street: Ortega Highway - Camino Capistrano 4. Del Obispo Street: Camino Capistrano - Paseo Adelanto 5. Del Obispo Street: Paseo Adelanto - Alipaz Street 6. Del Obispo Street: Aguacate Road - Calle Aspero 7. Del Obispo Street: Calle Aspero - Project Driveway (two-lane) 8. Del Obispo Street: Project Driveway - Vermeulen Driveway (two- lane) 9. Alipaz Street: Del Obispo Street - Project Driveway 10. Alipaz Street: Project Driveway - Via Positiva 11. Alipaz Street: Via Positiva - Camino Del Avion 12. Via Positiva: Alipaz Street - Project Driveway 13. Via Positiva: Project Driveway - Camino Del Avion 14. Camino Capistrano: Ortega Highway/Verdugo Street - Del Obispo Street 15. Camino Capistrano: Del Obispo Street - San Juan Creek Road 16. Camino Capistrano: San Juan Creek Road - 1-5 SB Ramps 17. San Juan Creek Road: Camino Capistrano Valle Road -4- Scope of Work Environmental Impact Report Spieker Senior Development City of San Juan Capistrano 18. Valle Road: San Juan Creek Road - La Novia Avenue/1-5 NB Ramps 2.1.2 The "existing". "existing plus project". "existing plus project plus cumulative (near-term)" and "existing plus project plus buildout" scenarios. In addition, at locations where direct project -related impacts are identified (existing plus project), the project's "Fair Share" shall be calculated, and shall be that percentage based on the ratio of traffic generated by the project to the total future projected peak hour traffic generation from potential development within the City at that particular intersection/street segment. In calculating fair share, existing traffic and future through traffic will be subtracted out and will not be considered in the calculations. 2.1.3 Level of Service (LOS) using an operational analysis (SYNCHRO) at the following intersections, based on the City's minimum "D" LOS per the General Plan Growth Management Element. Traffic counts from the adjacent counted upstream intersection shall be used for traffic entering the operational analysis area. 1. Del Obispo Street/Plaza Drive 2. Del Obispo Street/Camino Capistrano 3. Del Obispo Street/Paseo Adelanto 4. Del Obispo Street/Alipaz Street 2.1.4 Evaluate up to four (4) additional links and four (4) additional intersections to be determined by the City's traffic engineer subsequent to the completion of the trip generation, trip distribution and/or project impact evaluation sections of the traffic report. 2.1.5 An on-site traffic circulation and parking review. 2.1.6 Reference material. All pertinent materials, studies, or persons consulted in the preparation of the report shall be listed within the appendices. The identity of all Federal, State, and local agencies, or other organizations and private individuals consulted in the report preparation and the identity of all persons, firms, and City staff preparing the report by contact or other authorization, shall also be listed. Reference to these sources within the text of the appropriate sections shall be made by footnote or other means acceptable to the City. 2.2 Other anticipated required reports and studies 2.2.1 Air quality impact and greenhouse gas analysis consistent with South Coast Air Quality Management District (SCAQMD) and state and federal guidelines. 2.2.2 Noise impact assessment. 2.2.3 Hydrologic report. -5- Scope of Work Environmental Impact Report Spieker Senior Development City of San Juan Capistrano 2.2.4 Soil and geotechnical report. 2.2.5 Cultural resource report consistent with City Council Policy 601. 2.2.6 Visual -aesthetic impact analysis using digitized photo - simulation technique including 5 vantage points. 2.3 Plans and Studies to be Provided to the Consultant. It is anticipated that the project applicant will provide the following plans and studies for consultant use. 2.3.1 Geo -technical Due Diligence Evaluation, August 2013. 2.3.2 Phase 1 Environmental Site Assessment, April 2013. 2.3.3 Water Quality Management Plan (WQMP) 3. TRAFFIC IMPACT ANALYSIS REPORT REQUIRMENTS The traffic report shall be prepared and submitted per the following requirements. 3.1 Project schedule. The consultant will be required to meet the following schedule: 3.1.1 Screencheck draft traffic report. Submitted to the City's Senior Engineer -Traffic within five (5) weeks of notice to proceed. 3.1.2 Draft traffic report. Due within one (1) week of receipt of City comments on the screencheck. 3.1.3 Final traffic report. Due within one (1) week of final approval/acceptance by the City's Senior Engineer -Traffic. 3.2 Deliverables. The following products will be prepared by the consultant as part of this contract: 3.2.1 Screencheck draft traffic report. Three (3) bound copies for staff review. 3.2.2 Draft traffic report. Five (5) bound copies for Environmental Administrator review. 3.3.3 Final traffic report. Five (5) bound copies plus one unbound reproducible, and one digital (pdf) copy. 3.3 Project cost. The EIR proposal shall include a detailed cost estimate of the tasks outlined in Section 2.1 of this scope of work, with the exception of subsection 2.1.4. The cost for evaluating the four links and four additional intersections should not be included in the base cost, but as an additive item listed per link or per intersection. Scope of Work Environmental Impact Report Spieker Senior Development City of San Juan Capistrano 4. CONTENTS OF THE SCREENCHECK EIR The contents of the Screencheck EIR shall be consistent with all applicable provisions of Sections 15120 through 15132 of the California Environmental Quality Act Guidelines. 4.1 Alternatives to the Proposed Project (Section 15126.6, CEQA Guidelines): This section shall include a discussion of at least three (3) feasible project alternatives, including the no project alternative, which would achieve the basic project objectives. The City considers the purpose of the alternatives analysis is to evaluate project alternatives which effectively reduce or eliminate significant adverse impacts, without regard to attainment of project financial/economic objectives. In determining the feasibility of alternative sites, the report will consider site suitability, economic viability, infrastructure availability, General Plan consistency, other regulatory limitations, and whether the applicant can reasonably acquire, control, and/or have access to the site. A general discussion of all significant, adverse, environmental impacts associated with each project alternative, and a summary matrix which provides a comparative analysis of the project and project alternatives with respect to significant environmental impacts will be included in the DEIR. 4.2 Process Documentation The EIR shall contain all official documents related to processing of the EIR including the Notice of Preparation, Notice of Completion, Notice of Determination (NOD), and public hearing minutes. 4.3 References All pertinent materials, studies, or persons consulted in the preparation of the EIR shall be listed within a separate section of the report. The identity of all Federal, State, and local agencies, or other organizations and private individuals consulted in the EIR preparation and the identity of all persons, firms, and City staff preparing the EIR by contact or other authorization, shall also be listed in the EIR. Reference to these sources within the text of the appropriate sections shall be made by footnote or other means acceptable to the City. 6. CONTENTS OF THE PUBLIC REVIEW DRAFT EIR The contents shall be consistent with all applicable provisions of the California Environmental Quality Act and shall include the Screencheck Draft EIR with revisions directed by the Environmental Administrator and City's project manager. 7. CONTENTS OF THE FINAL EIR The contents shall be consistent with all applicable provisions of the California Environmental Quality Act (1970) and shall include: 7.1 The Public Review Draft EIR. 7.2 Comments & Responses to Comments: A copy of all written comments received on the Public Review Draft EIR during the mandated public review -7- Scope of Work Environmental Impact Report Spieker Senior Development City of San Juan Capistrano process, and appropriate responses to comments consistent with the requirements of CEQA. 7.3 Mitigation Monitoring & Reporting Program (MMRP) 7.4 Findings of Fact 7.5 Draft Statement of Overriding Considerations (if applicable). 8. MEETINGS The consultant's proposal shall include provision for conducting/attending the following meetings and making presentations at the public meeting/hearings: 8.1 Orientation. One (1) orientation/kick-off meeting with City staff (1 hour). 8.2 Scoping Meeting. One (1) scoping meeting to be conducted by the consultant within two weeks of issuance of the Notice to Proceed with City staff, applicant, and interested parties (3 hours) 8.3 Meetings with staff. Two (2) project status/update meetings with City staff, if needed (1 hour each). 8.4 Planning Commission. Two (2) Planning Commission public hearings (3 hours each). 8.5 City Council. Two (2) City Council public hearings (3 hours each). 9. SCHEDULE The consultant's proposal must include a proposed schedule that provides for the most efficient and expeditious preparation of the Environmental Impact Report consistent with the requirement of the Streamline Permitting Act. 10. DELIVERABLES The consultant shall provide the following deliverables in accordance with the work schedule: 10.1 Screencheck EIR draft. Three (3) bound copies, (1) unbound reproducible, and one (1) digital copy. 10.2 Public Review Draft EIR with Technical Appendices. Ten (10) bound copies, (1) unbound reproducible, and 75 digital copies or other electronic version as determined by the Project Manager. 10.3 Certified Final EIR. Two (2) bound copies, (1) unbound reproducible, and one (1) digital copy containing all information required herein. 10.4 Notices. Copies of the required notices posted with the County Clerk. 10.5 SOC. Statement of Overriding Considerations (SOC), if required. 10.6 Findings. Findings of Fact. n Scope of Work Environmental Impact Report Spieker Senior Development City of San Juan Capistrano 11. NOTICES The consultant shall be responsible for preparing, posting with the County Clerk, and mailing if required, all necessary public notices required by CEQA including: 11.1 Notice of Preparation. The consultant shall prepare and mail the Notice of Preparation (NOP) to all public agencies using the public agency mailing list provided by the City. 11.2 Notice of Completion. The consultant shall prepare the Notice of Completion (NOC) and mail that along with the required number of digital copies of the Public Review Draft EIR with Technical Appendices and the required copies of the Executive Summary with the Notice of Completion to the State Clearinghouse (SCH) following completion of that document. 11.3 Notice of Fee Exemption (CDFW). In the event the Draft Environmental Impact Report concludes no impacts to biological resources and the consultant determines the project may qualify for an Exemption from payment of the California Department of Fish & Wildlife (DFW) fee, consultant shall prepare a request for fee exemption to California Department of Fish & Wildlife (DFW) within ten days of publication of the Notice of Completion (NOC). 11.4 Notice of Determination. The consultant shall prepare and post the Notice of Determination (NOD) with the County Clerk -Recorder. However, the payment of any California Department of Fish & Wildlife (DFW) fees, if required, will be the responsibility of the project applicant. M PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this ____ day of , 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and __________ (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to ; 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. [OPTION 1: ONGOING SERVICES, NO END DATE] This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. [OPTION2: SPECIFIC TERM] This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $_____ [either, total contract amount, or amount per month or per fiscal year; also specify whether the total compensation includes expenses, etc.], [as set forth in Exhibit "B," attached and incorporated herein by reference [if Consultant provides a cost proposal or rate schedule]]. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be, made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 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 2 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. 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' 3 fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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, El Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK EXCLUDED FROM GENERAL LIABILITY] Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. 5 In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: To Consultant: Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO la Karen P. Brust, City Manager CONSULTANT 7