23-0620_T&B PLANNING, INC._E9_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Director
PREPARED BY: Paul Garcia, AICP, Acting Principal Planner
DATE: June 20, 2023
SUBJECT: Professional Services Agreement with T&B Planning, Inc. for the
Preparation of an Environmental Impact Report for Proposed
General Plan Amendment (GPA) 23-002, Code Amendment (CA)
23-001 and Rezone (RZ) 23-001 to Expand the El Camino Specific
Plan to Encompass a 7.3-Acre Area Comprised of Privately-owned
and City-owned Parcels Located Along El Camino Real Between
26874 Old Mission Road and 31882 Camino Capistrano; and, a
Finding That Said Action is Not Subject to Requirements of the
California Environmental Quality Act (CEQA) Pursuant to Section
15378 and is Otherwise Exempt Pursuant to Section 15061(b)(3) of
the State CEQA Guidelines.
RECOMMENDATION:
Approve and authorize the City Manager to execute a Professional Services Agreement
(Attachment 1) with T&B Planning, Inc. for the preparation of an Environmental Impact
Report, pursuant to the California Environmental Quality Act (CEQA), at a cost not-to-
exceed $329,491.53 to be funded by the Applicant.
EXECUTIVE SUMMARY:
On June 6, 2023, the City Council initiated a General Plan Amendment, Code
Amendment, and Rezone study of a request by Camino Capistrano OZ, LLC (Applicant)
to amend the existing 1.68-acre El Camino Specific Plan to include a 5.61-acre area
located between 31806 El Camino Real and 31882 Camino Capistrano, thereby creating
an expanded 7.3-acre Specific Plan area (Attachment 2). The additional area that is
proposed to be included in the Specific Plan is comprised of three privately-owned parcels
and five City-owned parcels, including the Blas Aguilar Adobe and Historic Town Center
Park (HTC) parcels. The expanded Specific Plan includes development proposals for a
6/20/2023
E9
City Council Agenda Report
June 20, 2023
Page 2 of 5
95-unit apartment complex with related commercial uses on the privately-owned parcels
and a Performing Arts Center on one of the City-owned parcels.
Staff has determined that the preparation of an Environmental Impact Report (EIR) would
be necessary to analyze the environmental impacts of the proposed Specific Plan
amendment project. Staff solicited and received a proposal from T&B Planning, Inc. for
preparation of the necessary EIR. Staff has reviewed the proposal and believes it contains
a complete and thorough scope of work. As a result, staff is recommending that the City
Council approve and authorize the City Manager to execute a Professional Services
Agreement (PSA) with T&B Planning, Inc. for preparation of an EIR for the Amendment
of the El Camino Specific Plan Project.
DISCUSSION/ANALYSIS:
On June 6, 2023, the City Council initiated a General Plan Amendment, Code
Amendment, and Rezone study that includes development proposals for a 95-unit
apartment complex on the privately-owned parcels and a Performing Arts Center on one
of the City-owned parcels. Project-specific development entitlement applications for both
the apartment complex and Performing Arts Center have been submitted by the
Applicant. The details of the proposed development proposals associated with the
initiation request are summarized below.
Forster & El Camino Mixed-Use Project Component
The proposed Forster & El Camino mixed-use commercial/residential project is on a
privately-owned 3.17-acre area generally located at the intersection of Forster Street and
El Camino Real, commonly referred to as the former Kimpton Hotel site. The residential
component would consist of 95 market-rate apartment units with a gross floor area of
110,224 sq. ft. located within three-story and four-story buildings, a resort-style pool and
a 3,500 sq. ft. clubhouse building. The commercial component would consist of a single-
story 4,294 sq. ft. restaurant adjacent to Camino Capistrano and a 3,000 sq. ft. fitness
center. The mixed-use project would be supported by 171 parking stalls.
Performing Arts Center Project Component
The proposed Performing Arts Center project would be located on the eastern portion of
the City-owned Historic Town Center Park. The conceptual development plans identify
that the Performing Arts Center would provide 49,076 sq. ft. of floor area. Any potential
lease or sale of City-owned parkland for use as a Performing Arts Center would require
future City Council approval.
Environmental Impact Report
Staff has determined that the proposed project requires the preparation of an EIR in
accordance with the California Environmental Quality Act (CEQA). Since T&B Planning,
Inc. is on the City Council-approved Master Consultants List, which means that the firm
has successfully completed the prequalification process for preparing CEQA documents
for projects within San Juan Capistrano, and has experience preparing environmental
City Council Agenda Report
June 20, 2023
Page 3 of 5
documents for other projects in the downtown, only T&B Planning, Inc. was requested to
submit a proposal for preparation of the El Camino Specific Plan project EIR. The
Applicant, which covers the full cost of the EIR, was agreeable to this approach.
T&B Planning, Inc. submitted a proposal which identified a scope of work that involves
the preparation of multiple technical reports, including a Traffic Impact Analysis, for the
proposed project. Staff has reviewed the proposal and believes it is thorough and
complete. While the project Applicant supports staff’s recommendation, T&B Planning,
Inc. will operate independently and report only to City staff, not the Applicant.
Upon execution of the PSA, T&B Planning, Inc. would commence preparation of an EIR,
which is expected to be completed in approximately one year. Once the EIR is completed
it would be presented, along with the proposed project applications, to the Planning
Commission for review. The Planning Commission’s recommendation on the proposed
project would ultimately be presented to the City Council for a final decision.
FISCAL IMPACT:
Preparation of the EIR for the proposed project, including all technical studies, would be
solely funded by the project Applicant. Should the City Council approve the proposed
PSA with T&B Planning, Inc., the Applicant would be required to deposit the entire
contract amount prior to the City issuing a Notice to Proceed to the consultant.
ENVIRONMENTAL IMPACT:
In accordance with CEQA, the recommended action is not a project subject to CEQA
pursuant to State CEQA Guidelines section 15378, and even if it is a project then the
action is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3).
Section 15378 defines a project as an activity that “has a potential for resulting in either
a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment.” (State CEQA Guidelines, § 15378(a).) Here, the approval of
a PSA with T&B Planning, Inc. for the preparation of an EIR has no potential to result in
either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment. In addition, Section 15378 explicitly excludes from
its definition of “project” the following: “organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment.”
(State CEQA Guidelines, § 15378(b)(5).) The approval of a PSA for the preparation of
an EIR constitutes an administrative activity that will not result in a physical change in the
environment, and it therefore is not subject to CEQA.
Further, even if the proposed action is considered a “project” subject to CEQA, it is exempt
under the common sense exemption set forth in Section 15061(b)(3), which provides that
an activity is not subject to CEQA “where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.”
Approving the PSA with T&B Planning, Inc. to prepare the EIR would not be an activity
with potential to cause significant effect on the environment, and therefore is exempt from
CEQA.
City Council Agenda Report
June 20, 2023
Page 4 of 5
Staff recommends that the City Council direct staff to file a Notice of Exemption with the
County Clerk’s Office within 5 working days of the project approval.
PRIOR CITY COUNCIL REVIEW:
• On June 6, 2023, the City Council initiated a General Plan Amendment, Code
Amendment, and Rezone to expand the 1.68-acre El Camino Specific Plan (SP
22-01) to a 7.3-acre Specific Plan.
• On October 18, 2022, the City Council adopted Ordinance No. 1104, approving
Code Amendment 22-002 and Rezone 22-001, in order to create the El Camino
Specific Plan (SP 22-01).
• On October 4, 2022, the City Council adopted Resolution No. 22-10-04-01,
approving General Plan Amendment 22-001 to create the El Camino Specific Plan.
• On May 3, 2022, the City Council initiated a General Plan Amendment, Rezone
and Code Amendment study to create a 1.68-acre Specific Plan.
• On April 6, 2021, the City Council initiated a study of a proposed General Plan
Amendment, Code Amendment and Rezone for a proposed 7.3-acre Specific Plan.
Subsequently, the City received a request from the Applicant to withdraw all of the
project entitlement applications associated with the 7.3-acre Specific Plan.
• On January 19, 2021, the City Council initiated a study of a proposed General Plan
Amendment, Code Amendment and Rezone for a proposed Forster & El Camino
mixed-use project. Subsequently, the City received a request from the Applicant
to merge the proposed Camino Real Playhouse project initiated on September 1,
2020, with the proposed Forster & El Camino mixed use project initiated on
January 19, 2021, into one Specific Plan study area that would include adjacent
City-owned property, which was initiated by the City Council on April 6, 2021.
• On September 1, 2020, the City Council initiated a study of a proposed General
Plan Amendment, Code Amendment and Rezone for a proposed
office/commercial project at the Camino Real Playhouse site.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
The following individuals have been notified of this item:
Dan Almquist, Camino Capistrano OZ, LLC (Applicant)
T&B Planning, Inc.
Interested Parties Notification List
City Council Agenda Report
June 20, 2023
Page 5 of 5
ATTACHMENT(S):
Attachment 1 - Professional Services Agreement with T&B Planning, Inc.
Attachment 2 - Project Vicinity Map
1
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (this “Agreement”) is made and entered into as of
June 20, 2023, by and between the City of San Juan Capistrano, a public agency organized and
operating under the laws of the State of California with its principal place of business at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675 (the “City”) and T&B Planning, Inc., a California
corporation with its principal place of business at 3200 El Camino Real, Suite 100, Irvine, CA
92602 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually
referred to as a “Party” and collectively as the “Parties” to this Agreement.
RECITALS
A. The City is a public agency of the State of California and is in need of professional
services for the following project:
Preparation of an Environmental Impact Report (EIR) for the El Camino
Specific Plan Project (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b), below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $329,491.53. This amount is to cover all printing and
related costs, and the City will not pay any additional fees for printing expenses. Periodic
payments shall be made within 30 days of receipt of an invoice which includes a detailed
description of the work performed. Payments to Consultant for work performed will be made on
a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
2
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times for
inspection by the City during the contract period and for four (4) years from the date of final
payment under this Agreement.
5. Term.
Consultant shall perform its services in a prompt and timely manner within the term of this
Agreement and shall commence performance upon receipt of written notice from the City to
proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement
of work.
6. Delays in Performance.
a. Neither the City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing Party. For purposes of this Agreement, such circumstances include, but are not
limited to: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other
civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or
judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes, and
regulations of the federal, state, and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
3
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of the City.
No employee or agent of Consultant shall be deemed an employee of the City by virtue of this
Agreement. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from the City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
such subcontractor has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; or (3) products/completed operations liability. The policy shall not contain any
other exclusion contrary to this Agreement.
4
(v) The policy shall give City, its officials, officers, employees, agents,
and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents,
and City-designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Worker’s Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
5
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to all limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of this Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days’ prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days’ prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
6
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period: if (a) the retroactive date is advanced
past the effective date of this Agreement; (b) if the policy is cancelled or not renewed; or (c) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant
or others providing insurance evidence in compliance with these specifications to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the
City, and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of this Agreement any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, the City has the right, but not the obligation, to obtain the insurance
it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant
or the City may withhold from Consultant payments all amounts sufficient to pay all premiums.
In the alternative, the City may cancel this Agreement.
7
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents,
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants, or agents in connection with the performance of the Consultant’s services, the
Project, or this Agreement, including without limitation the payment of all damages, expert witness
fees, attorneys’ fees, and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers. Consultant’s indemnity obligations shall survive the
termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be
8
mandatory upon the Consultant and all subconsultants to comply with all California Labor Code
provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774
and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records
(Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement
to submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. The City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, Consultant shall immediately give the City title to and possession of all original field notes,
drawings and specifications, written reports, and other documents produced or developed for that
portion of the work completed and/or being abandoned. The City shall pay Consultant the
9
reasonable value of services rendered for any portion of the work completed prior to termination.
If said termination occurs prior to completion of any task for the Project for which a payment
request has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by the City and
Consultant of the portion of such task completed but not paid prior to said termination. The City
shall not be liable for any costs other than the charges or portions thereof which are specified
herein. Consultant shall not be entitled to payment for unperformed services, and shall not be
entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to the City, and only in the event of
substantial failure by the City to perform in accordance with the terms of this Agreement through
no fault of Consultant. The City shall have the full thirty (30) calendar days’ time to cure the
alleged failure to perform.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, drawings and specifications, and other documents
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Nicole Morse as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above and in those exhibits attached hereto and incorporated herein.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Paul Garcia, Acting Principal Planner
CONSULTANT:
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
Attn: Nicole Morse, Principal
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
10
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age, or other interests protected by the State or Federal
Constitutions and applicable law. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
24. Entire Agreement
This Agreement, together with its exhibits, represents the entire understanding of the City
and Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises, or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises, or agreements have been made by any person which are not
incorporated herein, and that any other representations, inducements, promises, and agreements
are void. This Agreement may not be modified or altered except in writing signed by both Parties
hereto. This is an integrated Agreement.
25. Severability
A finding by a court of competent jurisdiction as to the unenforceability, invalidity, or
illegality of any provision(s) of this Agreement shall not render the remaining provisions
unenforceable, invalid, or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators, and assigns of each Party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties, or obligations without the prior written consent of the City. Any attempted
assignment without such consent are invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party,
unless such waiver is specifically specified in writing. Any waiver of any condition or breach of
this Agreement shall not be construed as a waiver of any other condition or breach, whether of
the same or different nature, before or after occurring.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
The City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
11
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, the City
shall have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer, or employee of the City, during the term of his or her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
12
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND T&B PLANNING, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO T&B PLANNING, INC.
By: By:
Benjamin Siegel
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
13
EXHIBIT A
Scope of Services
Page 1
T&B Planning, Inc.
June 13, 2023
City of San Juan Capistrano
Development Services Department
30448 Rancho Viejo Rd. # 110
San Juan Capistrano, CA 92675
RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE EL CAMINO SPECIFIC PLAN AMENDMENT PROJECT, LOCATED
IN CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
Dear Paul Garcia:
T&B Planning, Inc. (dba T&B Planning) is pleased to present this proposal to provide CEQA Consulting services and
prepare an Environmental Impact Report (EIR) for the El Camino Specific Plan Amendment Project, located in City
of San Juan Capistrano, California. We understand that the Project Applicant proposes to expand the boundary of
the previously approved El Camino Corridor Specific Plan at 31878 Camino Capistrano and redevelop the expanded
4.65-acre site with mixed-used development with 7,394 square feet of commercial uses, 95 apartment unit, and
associated amenities on the 3.15-acre vacant site. The Project also identifies a future phase for a potential
performing arts center on 1.5-acre site. No development will occur on the 1.0-acre Blas Aguilar Adobe Museum
property.
T&B Planning has been in business since 1974 and has proudly served many public and private sector clients over
our 49-year history. We have extensive experience preparing CEQA documents that are comprehensive and legally
defensible. The enclosed proposal consists of the following exhibits, which concisely set forth our methodology
for completing services in a timely and efficient manner.
• SCOPE OF WORK - EXHIBIT A • HOURLY RATES AND BILLING POLICY - EXHIBIT C
• PROJECT BUDGET - EXHIBIT B • AUTHORIZATION FORM - EXHIBIT D
Our philosophy at T&B Planning is for our Principals to be directly involved in project management. Nicole Morse
will be Principal-in-Charge and Project Manager. We will be supported in this effort by our project managers,
environmental analysts, technical writers, and GIS/graphics specialists.
Thank you for the opportunity to work on this exciting Project. If you have questions or require any clarification
pertaining to this proposal, please contact me at (714) 505-6360 Ext. 126 or by e-mail at nmorse@tbplanning.com.
Sincerely,
T&B Planning, Inc.
Nicole Morse, Esq.
Vice President
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 2
T&B Planning, Inc.
EXHIBIT A: SCOPE OF WORK
Project Understanding
The Project Applicant (Frontier Real Estate Investments) is seeking to expand the previously approved El Camino
Corridor Specific Plan located in the City of San Juan Capistrano. Approved in October 2022, the El Camino Corridor
Specific Plan consisted of a development 27,457 square feet (sf) of commercial uses and a four-story parking
structure with a 2,607 sf retail space on a 1.68-acre site. The proposed Specific Plan Amendment would expand
the Specific Plan Area to a total of 7.33 acres for the development of mixed-use community and performing arts
center. The expanded Specific Plan Area is located at 31878 Camino Capistrano (APNs: 124-160-011, 124-160-12,
124-160-37, 124-160-52, and 124-160-51) and is bordered by the Approved Specific Plan Area to the north,
commercial uses to the east and south, and El Camino Real and Camino Capistrano to the west.
The mixed-use development will consist of a free-standing 4,294 sf restaurant, a 3,100 sf of commercial space
attached to the residential building, 95 multi-family homes with a mix of one- and two-bedroom apartment
homes, 113,516 sf surrounding a resort-style pool and recreational facility, a 3,271 square foot clubhouse, 28,072
square feet of open space, and 171 above and underground parking stalls on the 3.15-acre vacant site.
A potential performing arts center on a 1.5-acre site located at eastern portion of the City-owned Historic Town
Center Park is also identified as a future phase. Access and parking for the future performing arts center will be
integrated with the mixed-use development. No development will occur on the 1.0-acre Blas Aguilar Adobe
Museum property.
Proposed Entitlements:
The City of San Juan Capistrano General Plan designates the 3.15-acre property as General Commercial and a
zoning designation of Town Center. The Historic Town Center Park and Blas Aguilar Adobe Museum site has a
General Plan land use designation of Specialty Park and a zoning designation of Community Park District.
Implementation of the El Camino Specific Plan Project (Project) would require a General Plan Amendment, Code
Amendment, and Rezone to expand the previously approved El Camino Corridor Specific Plan to encompass the
proposed development. If approved, the allowable uses and development standards of the site would be governed
by the Specific Plan and not the Municipal Code.
The City has determined that an EIR is required to comply with the California Environmental Quality Act (CEQA).
CEQA Guidelines Section 10563 states that when the lead agency can determine that an EIR will clearly be required
for the Project, an initial study is not required. Accordingly, our approach is to prepare a Notice of Preparation
(NOP) and move forward immediately with an Environmental Impact Report (EIR) without preparing an initial
study.
Scope of Work
Provided below is T&B Planning’s proposed work program and budget for completing the required EIR for the El
Camino Specific Plan Amendment Project. Please note that the SCOPE OF WORK described below will likely not be
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 3
T&B Planning, Inc.
undertaken chronologically as presented. To expedite the process, there may be overlap on the timing of each
task.
PHASE 1 ENVIRONMENTAL SCOPING
Task 1.1 Project Initiation and Data Acquisition/Review
T&B Planning will initiate work by collecting and reviewing information about the Project and property provided
by the City, including materials on file with the City and provided by the Project Applicant, Project engineer, and
Project architect. The following project materials and technical studies are anticipated to be prepared by the
Project Applicant, peer reviewed and approved by the City, and provided to T&B Planning:
• Full application plan set
• Specific Plan Amendment
• Visual Simulations
• Geotechnical Report
• Phase I Environmental Site Assessment (ESA)
• Hydrology Report
• Water Quality Management Plan
T&B Planning will conduct a field visit and take photographs to document existing site conditions, surrounding
development, and other aspects of the site’s physical and environmental setting that will warrant consideration
in the environmental analysis. We will invite City staff to accompany us, if City staff would like to participate in the
field visit. The site visit will also provide T&B Planning with a foundation for reviewing the complete entitlement
application package submitted by the Project Applicant. The photos we collect will be GPS-referenced and will be
used as the baseline for EIR analysis as required by CEQA.
Task 1.2 Prepare Project Description
T&B Planning will work with the City staff to prepare a formal Project Description that will be used throughout the
CEQA compliance process. The Project Description will include both text and exhibits and describe the proposed
Project and its construction and operational details. We expect that a majority of the exhibits will be taken from
the Project Applicant’s application materials that are on file with the City, with minimal graphic manipulation
required by T&B Planning for legibility. Because the Project Description will form the basis for analysis within the
CEQA document, we recommend that the Project Applicant be contacted to verify accuracy of the assumed
construction and operational characteristics associated with the proposed Project. Additionally, the Project
Description will describe any required off-site improvements.
The budget for this task anticipates that the Project Applicant’s civil engineer and architect will provide technical
files and plans to T&B Planning in both CAD format (including all x-refs, fonts, and pen settings) and in Portable
Document Format (PDF).
Task 1.3 Prepare NOP and Evaluate NOP Comment Letters
Based on discussions with the City, we understand that an Initial Study will not be prepared because the City has
determined that an EIR is required. T&B Planning will prepare a draft NOP for City review and signature. T&B
Planning will distribute the NOP for public review to the State Clearinghouse, responsible agencies and interested
parties, and the County of Orange Clerk Recorder as provided under Task 5.3. This task assumes that the City will
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 4
T&B Planning, Inc.
publish the NOP in the newspaper and mail the notice to adjacent landowners. During the 30-day public review
period of the NOP, T&B Planning will periodically contact City staff and request that they forward copies of any
public comment letters as they are received. We will review the comment letters to ensure that relevant
comments are addressed in the EIR. If any comments necessitate an expanded scope of analysis in the EIR, we will
immediately reevaluate our scope of work and notify the City.
PHASE 2 TECHNICAL REPORT PREPARATION
The following reports will be prepared by subconsultants under sub-contract to T&B Planning. If the Project
Applicant opts to prepare any of the reports for our use, we will revise the scope of work presented to below to
provide peer review of Applicant-submitted reports.
Task 2.1 Air Quality, Construction Health Risk, Greenhouse Gas, and Energy (Urban Crossroads)
Urban Crossroads will prepare an air quality impact analysis (AQIA), construction health risk (HRA), greenhouse
gas (GHG) emissions, and energy technical analysis to evaluate potential air quality impacts associated with the
Project based on the current methodology of the South Coast Air Quality Management District (South Coast
AQMD), and modeled using the California Emissions Estimator Model (CalEEMod).
The air quality study will evaluate the existing conditions of the Project study area, identify construction-related
air quality impacts from associated construction activities at the Project site, evaluate operational emissions for
the proposed project, evaluate potential odor impacts resulting from the proposed Project qualitatively discuss
cumulative impacts within the context of planned and foreseeable projects for short-term construction and long-
term operational activity, and identify and recommend mitigation measures that are feasible to implement and
that will reduce any potential impacts to the maximum extent possible.
The construction HRA includes source characterization, identifying contaminant release characteristics,
estimation of ambient air concentrations, and risk calculation. It is anticipated that the United States
Environmental Protection Agency’s (US EPA’s), Air Dispersion Model (AERMOD) will be utilized for modeling
purposes along with sequentially processed meteorological data to represent local weather conditions.
The GHG analysis will evaluate applicable federal and state regulatory requirement, evaluate applicable GHG
emissions associated with heavy-duty construction equipment combustion that will likely occur during the various
phases of construction, evaluate operational GHG emissions for the proposed Project, evaluate Project
significance based on an applicable climate action plan, and identify and recommend mitigation measures that
are feasible to implement and that will reduce any potential impacts to the maximum extent possible.
The energy analysis will Identify applicable local, State, and federal energy regulations and programs applicable
to the proposed Project, quantify direct and indirect electricity energy and natural gas consumption, identify
energy efficiency features of the proposed Project, and identify and recommend mitigation measures that are
feasible to implement and that will reduce any potential impacts to the maximum extent possible.
Task 2.2 Noise and Vibration (Urban Crossroads)
Urban Crossroads will evaluate potential noise and vibration impacts for the construction and operational phases
of the proposed Project. The noise study will discuss identify and review applicable Federal, State and Local Noise
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 5
T&B Planning, Inc.
criteria. This includes the City of San Juan Capistrano Noise Element, Municipal Code and the El Camino Specific
Plan to determine appropriate noise standards and significance criteria.
Urban Crossroads will collect long-term 24-hour ambient noise level measurements in the Project study area at
up to eight locations to quantify the existing noise environment. All noise level measurement equipment will
satisfy American National Standards Institute (ANSI) standard specifications for sound level meters ANSI S1.4-
2014/IEC 61672-1:2013. The noise level measurements will be collected consistent with the criteria outlined in
the Municipal Code.
The findings of the technical analyses and impact assessment will be summarized in a noise impact analysis report
addressing the potential impacts associated with the Project and provide the appropriate measures to reduce the
impacts to levels of less than significant.
Task 2.3 Archaeological and Paleontological Resources Report (Cogstone)
Cogstone will prepare a combined archaeological and paleontological resources assessment report. The report
will characterize the results of the records searches, consultation efforts to determine baseline conditions, assess
potential impacts to cultural and paleontological resources resulting from the project, and make appropriate
recommendations to avoid or minimize any potentially significant impacts.
Cogstone’s qualified archaeologist cross-trained in paleontology will complete an intensive-level pedestrian
survey. Several archaeological sites are located within the Project site. Cogstone also assume no archaeological
resources will require recording and evaluation on California Department of Parks and Recreation 523 (DPR 523)
forms.
Task 2.4 Historical Resources Analysis Report (Urbana Preservation & Planning, LLC)
Urbana Preservation & Planning, LLC will provide a Historical Resources Analysis Report (HRAR). Urbana will
conduct a field survey, observe and record styles present, modifications, and character-defining features,
photograph all buildings, structures, and objects within the Project site and in the parcels fronting the Project site,
and Prepare DPR 523 series forms for all age-eligible buildings.
Task 2.5 Focused Traffic Impact Analysis, Parking Analysis, VMT (Linscott, Law & Greenspan, Engineers)
Linscott, Law & Greenspan, Engineers (LLG) will provide a Focused Traffic Impact Analysis (TIA), updated Parking
Demand Analysis, and updated Vehicle Miles Traveled (VMT) analysis for the proposed Project pursuant to City of
San Juan Capistrano Administrative Policy 310, Vehicle Miles Traveled (VMT) Guidelines and Thresholds
Memorandum, and parking requirements. As previously discussed with City staff, we understand that the City is
currently making minor revisions to Administrative Policy 310 and the City’s General Plan Circulation Element to
provide consistency between the two documents and refine/clarify LOS standards and significance thresholds.
For the purposes of this proposal, the Focused TIA will focus on the Project’s traffic impacts at ten (10)
intersections, up to four (4) Project Driveways, seven (7) roadway segments and Synchro Operational Analysis for
one (1) roadway segment consisting of up to six (6) intersections for the study area. With concurrence of City staff,
traffic counts will be collected at the study intersections and roadway segments to establish existing Year 2023
baseline conditions. It is noted that up to three (3) days of traffic counts will be collected (these counts were
collected on late April 2023.
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 6
T&B Planning, Inc.
Task 2.6 Biological Resources Letter Report (Glenn Lukos Associates)
Glenn Lukos Associates (GLA) will provide a Biological Resources Technical Report which will consist of a literature
review using the California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife Service (USFWS) species
occurrence data, and a site review of potential habitat for sensitive species that could pose a constraint to a
Project. Based on the existing developed conditions and GLA’s familiarity with the site, it is not expected that
focused surveys for special-status plant would be necessary. However, focused bat surveys are proposed due to
the number of ornamental trees on and adjacent to the site. GLA’s previous tree survey (2021) will be incorporated
into the report. The Project site also does not support any jurisdictional waters and the report is intended to
include a jurisdictional determination of those findings.
A Biological Technical Report will document the findings of the general and focused biological surveys and
habitat assessments. The biological technical report will provide a full description of the existing conditions
on the site including vegetation communities (vegetation map included), sensitive plants or animals identified
onsite (sensitive species map to be included), wildlife movement corridors present on site (if applicable), and
a discussion of sensitive plants and animals not identified onsite and whether there are sensitive plants
and/or animals with potential to occur on the site in a constraining role. The biological technical report will
evaluate project impacts to biological resources, including special status species and will develop mitigation
measures where project impacts to biological resources have been determined to be significant.
PHASE 3 PREPARE DRAFT ENVIRONMENTAL IMPACT REPORT
Task 3.1 Prepare Administrative Draft EIR
T&B Planning will prepare a Preliminary Draft EIR in accordance with State and City of San Juan Capistrano
guidelines. We will begin by preparing all EIR sections that are not reliant on technical studies. EIR sections that
are reliant on technical studies will be prepared following City of San Juan Capistrano approval of each respective
technical study. The EIR will include the following sections:
Executive Summary. This introductory section will provide a synopsis of each Project component; a
summary of the Project Alternatives, including an identification of the “Environmentally Superior
Alternative,” and a brief discussion of areas of controversy and issues to be resolved by the decision-
making body. The Executive Summary also will include a Summary Table which will identify the impact,
level of impact significance before mitigation measures, mitigation measures, and level of impact
significance after mitigation measures are applied.
Introduction. The Introduction will explain the purpose of the EIR, the legal authority for preparation of
the EIR, and the EIR process. Relationship to the City’s General Plan and General Plan EIR will be discussed.
In addition, the Introduction will identify the Lead Agency (City of San Juan Capistrano), Responsible
Agencies, and/or Trustee Agencies. The relationship of each component of the Project to future Project
approvals and/or environmental permits also will be described.
Environmental Setting. The Environmental Setting will describe the Project’s location, geographic and
physical setting, surrounding land uses, and the physical environmental conditions of the property as they
existed on the date of the EIR’s NOP issuance. A brief overview of the environmental conditions of the
Project area also will be provided. In addition, a summary of the existing planning and policy context will
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 7
T&B Planning, Inc.
be presented, including the property’s relationship to the General Plan, zoning, and other applicable
regional plans and policy documents.
Project Description. The Project Description, which will be based on the Project Description prepared as
part of Task 1.2, will be used as the basis for the impact analysis throughout the EIR. This section will
include a brief description of the Project’s location and setting. This section also will identify the Project’s
objectives, which will form the basis for subsequent analysis of Project Alternatives. In addition, an
extensive description of the proposed Project will be included, which will consist of a summary of actions
that may be associated with implementation of the proposed Project. Any areas anticipated to be
impacted by off-site improvements also will be described in this section. Finally, the Project Description
will document any and all anticipated subsequent approvals, including approvals that may be required
from federal, State, and/or local agencies. Exhibits will be included in this section as necessary to describe
the proposed Project.
Environmental Analysis. The analysis of environmental effects section will address each environmental
issue identified in the NOP and scoping process for evaluation, in the following general manner. The
existing conditions/environmental setting as it relates specifically to the environmental topic under
evaluation will be described to establish a baseline for conducting the environmental analysis. As
necessary and appropriate, a description of key terminology and concepts associated with the
environmental issue area will be presented, followed by a discussion of any regulatory requirements that
may apply. Next, the significance criteria will be listed and accompanied by a justification as to the
appropriateness of the criteria selected for evaluation. An analysis will then be presented for each
significance criteria, and the analysis will provide a clear description and conclusion as to the level of
significance of Project impacts, prior to mitigation.
The analysis also will include a discussion of potential growth inducing impacts and potential cumulative
impacts, which are defined as those which by themselves may not result in significant impacts but when
combined with similar impacts from existing, approved-but-not-yet-built or planned projects would be
cumulatively significant. T&B Planning will rely on City staff and LLG to identify surrounding projects to be
included in the cumulative impact analysis. For each significant impact identified, feasible and enforceable
mitigation measures will be presented. Finally, each chapter in this section will provide a conclusion as to
the level of significance following implementation of recommended mitigation measures will be
determined.
Based on our preliminary knowledge of the proposed Project and our suggested approach for completing
the environmental documentation, this proposal assumes the following 17 environmental issue areas will
be addressed in the EIR:
o Aesthetics
o Air Quality
o Biological Resources
o Cultural Resources
o Energy
o Geology/Soils
o Greenhouse Gas Emissions
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 8
T&B Planning, Inc.
o Hazards & Hazardous Materials
o Hydrology/Water Quality
o Land Use/Planning
o Noise
o Population/Housing
o Public Services
o Recreation
o Transportation
o Tribal Cultural Resources
o Utilities/Service Systems
Environmental Effects Found Not to be Significant. The EIR will summarize unavoidable impacts of the
Project and will identify whether or not the impacts will be mitigated to below a level of significance. The
EIR also will disclose significant irreversible environmental changes which would be involved in the
proposed action should it be implemented. A discussion of growth inducement will focus on elements of
the proposed Project that could remove obstacles to growth in the area, such as expanded water and
sewer service capabilities or the provision of improved roadway connections. Lastly, this section will
disclose effects that were found not to be significant and that do not warrant an in-depth analysis in the
EIR (i.e., assumed as Agriculture & Forestry Resources; Mineral Resources; Wildfire).
Project Alternatives. The Project Alternatives section will be based on a description of reasonable Project
Alternatives defined in consultation with City staff and the Project Applicant. Each alternative identified
in this section will be intended to meet the Project’s primary objectives while minimizing or eliminating
significant environmental effects associated with the proposed Project. For purposes of budgeting for this
task, it is expected that three (3) alternatives will be presented in the EIR, including the No Project/No
Development Alternative and No Project/Existing Zoning. If exhibits illustrating the alternatives are
required, the exhibits shall be provided by the Project Applicant’s engineer, at a level of detail that
facilitates their analysis as required under CEQA.
References. This required section will identify all reference sources used and persons contacted in order
to prepare the EIR.
Upon completion of the Preliminary Draft EIR, the EIR document and its supporting technical reports will be
submitted to the City of San Juan Capistrano.
Task 3.2 Revise Administrative Draft EIR per City Comment
Based on City of San Juan Capistrano staff review of the Administrative Draft EIR document, T&B Planning will
revise the EIR document to respond to comments, questions, and requests for clarification. This proposal
anticipates that comments will be moderate in scope and complexity. If requested, all document revisions will be
indicated in strikeout/underline format based on comments provided by City staff. For the purpose of creating a
budget for this task, we anticipate that the City will not require substantial changes to the Project Description or
request substantial expansions to any technical studies prepared in support of the EIR.
Upon completion of the revised Administrative Draft EIR, the EIR document will be submitted to the City for
review. The budget for this task anticipates that only minor document revisions will be requested from the City
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 9
T&B Planning, Inc.
following submittal of the revised Administrative Draft EIR document. Following City review of the revised
Administrative Draft EIR document, it is anticipated that the City will clear the EIR for public review. We anticipate
that two review cycles of the Administrative Draft EIR will be sufficient; however, if the City requests a third review,
T&B Planning may arrange a meeting with appropriate City staff to discuss the City’s comments and recommend
appropriate ways to address their concerns. Additional budget would be required to revise the Administrative
Draft EIR should a third review of the document be necessary.
Task 3.3 Prepare Mitigation, Monitoring, and Reporting Program
T&B Planning will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law
and City requirements to ensure implementation of mitigation measures, standard conditions, and project design
features assumed in the EIR’s analysis of impacts. The MMRP will identify the conclusions drawn by the EIR,
identify the level of impact significance for each significance threshold, and list every mitigation measure listed in
the EIR, with the implementation timing and responsible parties noted. T&B Planning staff is experienced in
preparing practical, easily-implemented mitigation monitoring plans for a wide range of mitigation requirements.
This proposal includes one round of moderate revisions to the MMRP in strikeout/underline format based on
comments provided by City staff.
Task 3.4 Prepare Public Review Draft EIR and Public Notices
Upon receiving City authorization to publish the Draft EIR, T&B Planning will prepare and print for public
distribution the Draft EIR and its Technical Appendices per City direction and State requirements. The budget for
this task assumes distribution of the Draft EIR and Technical Appendices primarily in PDF format, burned to CDs
or USBs with a custom-designed label. A small number of hard copies will be required for distribution to the City
or agencies that require paper copies.
T&B Planning will prepare the Notice of Completion (NOC) and other public notices required for the Draft EIR’s
45-day public review period. T&B Planning also will compile a mailing list that will be based on the list used for the
NOP distribution, with any modifications requested by the City and supplemented by any interested parties who
may have previously requested notification. T&B Planning will request that the City prepare an advertisement for
publication in the local newspaper as required by CEQA. T&B Planning will conduct the DEIR mailing/distribution,
under Task 5.3.
During the 45-day review period, written public comment will be directed to the City. We will request that the
City forward copies of the comment letters to T&B Planning as they are received, and then send us the complete
set of original letters at the close of the public comment period. This will ensure that we have a complete package
and allow for scanning at the best quality possible. If any comments necessitate an expanded scope of analysis in
the Final EIR, we will immediately evaluate our scope-of-work and notify the Project Applicant.
PHASE 4 PREPARE FINAL EIR AND RESPONSES TO PUBLIC COMMENT
Task 4.1 Prepare Administrative Draft Final EIR
Upon completion of the 45-day public review period, T&B Planning will prepare written responses to all comment
letters received. All comments received in response to the Draft EIR will be discussed with City staff, the Project
Applicant, legal counsel, and the technical consultants as necessary, and an approach to the responses will be
agreed upon prior to preparation of the draft Response to Comments. The draft Response to Comments will be
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 10
T&B Planning, Inc.
submitted to the City and the Project Applicant for review and approval. The budget assumes 120 hours of staff
time to complete.
Concurrently, we also will incorporate any necessary revisions into the EIR document to clarify or correct
information in support of the draft Response to Comments. Any such revisions will be shown in
strikeout/underline format. If any comments necessitate an expanded scope of analysis in the Final EIR or
additional technical analysis, T&B Planning will immediately evaluate our scope-of-work and notify the City. A new
section in the EIR (“Final EIR”) will be drafted to document the public review process for the EIR, summarize the
comment letters received, and identify the nature, location, and reason for any and all revisions incorporated into
the final document. This new section also will provide a discussion and rationale for why recirculation of the Draft
EIR for an additional 45-day public review period is not required pursuant to CEQA Guidelines Section 15088.5.
The Final EIR section and any changed pages in the Draft EIR will be submitted for the City’s initial review, along
with copies of the draft Response to Comments and electronic versions of the Final EIR section, changed pages,
and Responses to Comments. Following receipt of comments from the City and/or the Project Applicant, T&B
Planning will incorporate revisions to the Response to Comments and draft Final EIR and re-submit the documents
for City staff approval. At this stage, major revisions are not expected, nor budgeted. Once approved by City staff,
T&B Planning will publish copies of the draft Final EIR for use by decision-makers and City staff during the public
hearing process. The budget assumes 40 hours of staff time to complete revisions to the Final EIR; the Public
Review Draft Final EIR will be prepared under Task 4.3.
Task 4.2 Prepare Findings of Fact and Statement of Overriding Considerations
T&B Planning will prepare the CEQA documents required for the Final EIR public hearings, including the draft
Statement of Overriding Considerations (if required) and the Section 15091 CEQA Findings of Fact (requiring a
summary of each effect, identification of one or more of the required CEQA findings, listing of the associated
mitigation measures, and the rationale for implementing the measures). This document will be submitted to the
City Attorney for review.
Following review of the first draft, it is anticipated that the City Attorney may request minor revisions to clarify or
expand on the findings and/or rationale for adopting a Statement of Overriding Considerations. The budget for
this task assumes one round of revisions to the Findings of Fact/Statement of Overriding Considerations, following
which the final document will be submitted to the City for final review and approval.
Task 4.3 Prepare Final EIR and NOD
Upon receiving the City’s approval of the Response to Comments, T&B Planning will finalize the administrative
draft Final EIR document and print an appropriate number of copies for use by the decision makers during the
public hearing stages. As required pursuant to CEQA Guidelines Section 15088(b), the Response to Comments
must be distributed to all public agencies that commented on the Draft EIR at least 10 days prior to certification
of the Final EIR. T&B Planning will distribute the Response to Comments electronically or via certified mail under
Task 5.3.
After certification of the Final EIR by the Lead Agency, T&B Planning will prepare a Notice of Determination (NOD)
form pursuant to Section 15094 of the CEQA Guidelines. Once reviewed and approved by City staff, T&B Planning
will post the NOD with the County Clerk. Timely filing of the NOD – within five (5) working days of final decision
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit A: Scope of Work
Page 11
T&B Planning, Inc.
by the lead agency (City of San Juan Capistrano) – reduces the statute of limitations on court challenges to the
CEQA approval from 180 days to 30 days.
PHASE 5 MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL
Task 5.1 Project Management, Meetings, Public Scoping Meeting
This task is intended to cover coordination tasks associated with T&B Planning’s work. This includes time spent by
T&B Planning in attending meetings, preparing/updating project schedules, or in coordinating/communicating via
phone, e-mail, letter and/or web-based conferencing with City staff, City Attorney, and public agencies. This task
includes ten (10) meetings with staff, including a kick-off meeting, progress meetings to discuss preparation of the
Administrative Draft EIR, Draft EIR, and responses to public comments. This task will commence upon
authorization of this contract and will continue throughout the duration of the Project. We have budgeted for 8
hours per month over a 12-month schedule (72 hours).
Task 5.1 also includes attendance at an EIR Scoping Meeting, which will be conducted in-person. Nicole Morse will
attend the Scoping Meeting, expected to be presented in an open house format. She will be available to respond
to CEQA related questions and discuss the various aspects of the Project to solicit comments regarding the scope
and content of the EIR, in coordination with City staff. Project-related graphics are expected to be provided by the
Project Applicant. The Scoping Meeting will be noticed along with the NOP (see Task 1.3).
Task 5.2 Attend Public Hearings
Nicole Morse will attend public hearings to represent the EIR. We expect one (1) hearing before the City Planning
Commission and one (1) hearing before the City Council. We anticipate that City staff will prepare all visuals and
handouts for the public hearings to represent the EIR. The budget assumes 12 hours per meeting for preparation
and attendance.
Task 5.3 Document Publishing and Distribution
Work conducted under this task includes compilation, printing, and distribution of the NOP, Administrative Draft
EIRs, Draft EIR, and Final EIR. These documents are required to be distributed in both PDF and hard copy formats.
Work efforts include creating master PDFs, burning documents to CDs or flash drives, creating custom CD labels,
coordinating hard copy printing, and document distributions via mail, certified mail, delivery service, or other
methods. This task includes reimbursable expenses including printing, postage, delivery fees, California
Department of Fish and Wildlife fees, and County Clerk fees.
14
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit B: Project Budget
Page 12
T&B Planning, Inc.
EXHIBIT B: PROJECT BUDGET
The services set forth in EXHIBIT A, Scope of Work, shall be provided pursuant to the following cost estimate:
Phase/Task Description Fee Type
Budget
Amount
Phase 1 Environmental Scoping
Task 1.1 Project Initiation and Data Acquisition/Review Fixed Fee $3,730.00
Task 1.2 Prepare Project Description Fixed Fee $2,980.00
Task 1.3 Prepare NOP and Evaluate NOP Comment Letters Fixed Fee $1,700.00
Sub-Total - Phase 1: $8,410.00
Phase 2 Technical Report Preparation
Task 2.1 AQIA, HRA, GHG, HRA and Energy Sub-Consultant $27,540.00
Task 2.2 Noise and Vibration Sub-Consultant $13,900.00
Task 2.3 Archaeological and Paleontological Resources Report Sub-Consultant $14,760.50
Task 2.4 HRAR Sub-Consultant $22,960.00
Task 2.5 Focused TIA, Parking Analysis, and VMT Sub-Consultant $62,900.00
Task 2.6 Biological Resources Letter Report Sub-Consultant $25,960.00
5% Subconsultant Processing Fee Sub Processing Fee $8,401.03
Sub-Total - Phase 2: $176,421.53
Phase 3 Prepare Draft Environmental Impact Report
Task 3.1 Prepare Administrative Draft EIR Fixed Fee $49,140.00
Task 3.2 Revise Administrative Draft EIR per City Comment Estimated Fee $10,200.00
Task 3.3 Prepare MMRP Fixed Fee $1,150.00
Task 3.4 Prepare Public Review Draft EIR and Public Notices Fixed Fee $6,120.00
Sub-Total - Phase 3: $66,610.00
Phase 4 Prepare Final EIR and Responses to Public Comment
Task 4.1 Prepare Administrative Draft FEIR Estimated Fee $22,640.00
Task 4.2
Prepare Findings of Fact and Statement of Overriding
Considerations Fixed Fee $6,880.00
Task 4.3 Prepare Final EIR and NOD Fixed Fee $6,480.00
Sub-Total - Phase 4: $36,000.00
Phase 5 Meetings, Project Management, and Quality Control
Task 5.1 Project Management, Meetings, Public Scoping Meeting Estimated Fee $22,490.00
Task 5.2 Attend Public Hearings Estimated Fee $5,640.00
Task 5.3 Document Publishing and Distribution Estimated Fee $5,670.00
Sub-Total - Phase 5: $33,800.00
Total Project Budget: $321,241.53
Reimbursable Expense Allowance (printing, deliveries, etc.): $8,250.00
Total Project Budget (Including Reimbursables): $329,491.53
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit C: Hourly Rates and Billing Policy
Page 13
T&B Planning, Inc.
EXHIBIT C: HOURLY RATES AND BILLING POLICY
If at any time during the completion of this project, we are requested to perform services beyond the Scope of
Work or if T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for
such work in accordance with the hourly rates provided below. The rates identified below shall be in effect for the
calendar year in which our contract was signed, and may be subject to annual adjustments not to exceed 10%
annually.
• Senior Principal .............................................................................................. $275.00/Hour
• Principal .......................................................................................... $225.00 - $275.00/Hour
• Director .......................................................................................... $205.00 - $225.00/Hour
• Senior Associate ............................................................................. $185.00 - $205.00/Hour
• Senior Project Manager/Development Manager .......................... $185.00 - $205.00/Hour
• Project Manager ............................................................................. $145.00 - $165.00/Hour
• Graphics Manager/GIS Specialist ................................................... $135.00 - $155.00/Hour
• Senior Planner ................................................................................ $135.00 - $155.00/Hour
• Assistant Project Manager ............................................................. $125.00 - $145.00/Hour
• Project Coordinator .......................................................................... $90.00 - $135.00/Hour
• Development Associate/Environmental Analyst/Planner ................ $85.00 - $125.00/Hour
• Technician – Graphics & GIS ............................................................. $75.00 - $115.00/Hour
• Executive Assistant/Accounting Manager .......................................... $65.00 - $90.00/Hour
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery
services). Printing will be billed at cost and other expenses will be billed at cost plus 15% for
administration. Expert testimony and litigation support services will be billed at double the above rates. Mileage
is charged at the current Internal Revenue Service reimbursement rate.
We invoice on a monthly basis in proportion to the time spent on the project to date. Time and materials labor
is rounded to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of task complete. Unless
pre-arranged, all billing statements are due and payable within thirty (30) days of the submittal date. A finance
charge of 1½% per month will be charged on all invoices not paid within forty-five (45) days of submittal. T&B
Planning’s procedure for prioritizing work is strongly influenced by timely payment of invoices by the Client. T&B
Planning reserves the right to reallocate Estimated Fees from one Task or Subtask to another Task or Subtask to
account for efficiencies and/or unexpected work efforts that may require additional budget.
Outside professional services performed by other individuals/firms that are sub-contracted through T&B Planning
will be performed only following authorization from the Client. Billing for any services that are sub-contracted will
be billed at our actual cost plus 5% for administrative handling.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T&B Planning, its sub-consultants and vendors is not
dependent on agency concurrence or approvals.
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit C: Hourly Rates and Billing Policy
Page 14
T&B Planning, Inc.
The Client agrees that to the fullest extent permitted by law, the total liability, in the aggregate, of T&B Planning,
T&B Planning’s officers, directors, partners, employees, agents, and subconsultants, to Client, and anyone claiming
by, through, or under Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or
in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence,
professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the
total compensation received by T&B Planning or $50,000 whichever is greater.
All work products, including but not limited to correspondence, reports and maps, generated for this project and
retained by T&B Planning in its files shall be stored for a period of five years after completion of the project and
then discarded, unless T&B Planning is advised in writing by the Client to retain or transfer such files.
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, and delivery services). Provided
below are the estimated costs of such expenses.
• Black/White 8.5 x 11 Copy/Print ........................................................................ $0.12/page
• Black/White 11 x 17 Copy/Print ......................................................................... $0.24/page
• Color 8.5 x 11 Copy/Print. .................................................................................. $1.20/page
• Color 11 x 17 Copy/Print ................................................................................... $1.45/page
• 11 X 17 Folding .................................................................................................. $0.15/page
• Photo Grade Color Prints ................................................................................. $7.20/ sq. ft.
• Color Bond Plot .............................................................................................. $12.00/sq. ft.
• Plan Folding ....................................................................................................... $0.48/sq. ft.
• USB ................................................................................................................... $10.00/each
• Aerial Photographs ........................................................................................ $225.00/each
• Binding Materials ..................................................................................................... At Cost
• Mileage ....................................................................................................... Current IRS Rate
• Mailing............................................................................................ Current U.S. Postal Rate
• Overnight Deliveries ............................................................................. Current Carrier Rate
• Same-Day Deliveries .......................................................... Current Messenger Service Rate
El Camino Specific Plan Amendment CEQA Consulting Proposal
Exhibit D: Authorization Form
Page 15
T&B Planning, Inc.
EXHIBIT D: AUTHORIZATION FORM
I hereby authorize T&B Planning, Inc. (dba T&B Planning) to proceed with the services provided for by this proposal,
which include: 1) Environmental Scoping; 2) Technical Report Preparation; 3) Prepare Draft Environmental Impact
Report; 4) Prepare Final EIR and Responses to Public Comment; and 5) Meetings, Project Management, and
Quality Control. Task 1.1, Task 1.2, Task 1.3, Task 3.1, Task 3.3, Task 3.4, Task 4.2, and Task 4.3, as described in the
SCOPE OF WORK, will be provided for a fixed fee budget of $78,180.00. Task 3.2, Task 4.1, Task 5.1, Task 5.2, and
Task 5.3, as described in the SCOPE OF WORK, will be provided on a Time and Materials basis under an estimated
fee budget of $66,640.00, on an as-needed or on-going basis, as described in Exhibit B, INTENDED APPROACH. Work
shall be performed under these tasks on a Time and Materials basis to the maximum fee indicated, in accordance
with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). Tasks 2.1–2.6 represent subconsultant fees totaling
$176,421.53, including a 5% subconsultant processing fee. Reimbursable expenses total $8,250.00. Total cost
contracted is $329,491.53, including reimbursable expenses.
I have read and approved the full attached proposal which details these services and budget. As T&B Planning
proceeds with work under this contract, T&B Planning will bill CLIENT on a monthly basis for work completed during
the month. CLIENT will remit payment of the monthly invoices within 30 days. If T&B Planning does not receive
payment within 30 days, then CLIENT understands that all work on the Project will stop until the invoice is paid. All
invoices that are past 30 days due will be subject to a 1.5% per month late fee.
T&B Planning and CLIENT agree that CLIENT may request that T&B Planning cease or suspend work on the Project at
any time. In that event, T&B Planning shall prepare and submit an invoice for work completed as of the date T&B
Planning was notified to cease or suspend work. CLIENT agrees to compensate T&B Planning for work performed
under this proposal through the date work was ceased or suspended.
I hereby authorize T&B Planning to proceed with the services provided for by this proposal.
I have read and approved the full attached proposal which details these services, time frames, and budget.
T&B PLANNING, INC.
Signature
Name and Title (Print) Nicole Morse, Esq.
Vice President
Date: June 13, 2023
Date
PROJECT VICINITY MAP
EXISTING SPECIFIC
PLAN AREA
PROPOSED AREA
TO BE ADDED CAMINO CAPISTRANO