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CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
Hearing Date:
Agenda Item:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
PROJECT: Church of Jesus Christ of Latter -Day Saints Temple
February 12, 2002
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James Campbell
(949) 644 -3210
ACTION: Approve a Professional Services Agreement with LSA Associates of
Irvine, California, for professional environmental services to prepare an
Environmental Impact Report for a not to exceed cost of $57,085.
BACKGROUND:
Council Policy F -14, Authority to Contract For Services, authorizes Department Heads to award
contracts for services of less than $30,000.00 without further review. However, contracts in excess
of $30,000.00; contracts for service not specified in the approved budget; and contracts for services
which exceed the amount authorized by the City Council in the budget must be submitted to the
City Council for specific approval before the contract is awarded. Additionally, the City Attorney is
required to review all specific contract documents prior to contract award.
• It should also be noted that the City's standard practice for more than 20 years has been to select
environmental consultants from a list of firms previously qualified by the City, when agreed to by
the applicant. The City has followed this practice because the time limits on EIR preparation make
it impractical to do a full selection process for each case. No City funds are involved in these
contracts, as the applicant is responsible for all costs.
SUMMARY:
The Church of Jesus Christ of Latter -Day Saints proposes to construct a 17,757 sq. ft. temple on
a 8.65 acre parcel located at the northeast corner of the intersection of Bonita Canyon Drive and
Prairie Road. Staff has conducted a preliminary evaluation of the proposed project and has
concluded, in consultation with the applicant, that an Environmental Impact Report should be
prepared for the project. Staff has selected LSA Associates as the most desirable consultant to
perform the work due to their qualifications and knowledge of the site. LSA has conducted
extensive field studies of the site in conjunction with previous environmental documents for the
development of the existing LDS Church. LSA has provided a proposal to perform professional
environmental services for the City of Newport Beach for the preparation and processing of a
project level Environmental Impact Report and supporting documents for the temple proposed by
the Church of Jesus Christ of LDS. A copy of the proposal submitted by LSA is attached to the
draft professional services agreement that is attached to this report as Exhibit No. 1. The proposal
contains the scope of services through the completion of the Draft Project EIR, proposed budget,
• and time schedule for preparation and processing the environmental documentation.
Staff has reviewed the scope of services and believes that it will be adequate to meet or exceed the
minimum requirements set forth by the California Environmental Quality Act. The environmental •
consulting fees for tasks described in the scope of services including LSA staff hours, technical
studies, direct expenses, and printing have been reviewed by staff and are considered appropriate
and warranted. However, negotiation on the fees is still ongoing. Therefore, staff requests
authorization to enter into the contract for an amount not to exceed $57,085.
Submitted by: Prepared by:
PATRICIA L. TEMPLE JAMES W. CAMPBELL
Planning Director
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Senior Planner ` ��
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1. Draft Professional Services Agreement with draft proposal from LSA.
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PROFESSIONAL SERVICES AGREEMENT
• THIS AGREEMENT, entered into this _ day of February, 2002, by and between
City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and
LSA Associates, Inc, whose address is One Park Plaza, Suite 500, Irvine, California,
92614, (hereinafter referred to as "Consultant'), is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of the City.
B. City intends to prepare an Environmental Impact Report and other
environmental documents in accordance with the California Environmental
Quality Act for the Newport Beach Mormon Temple, located at 2300 Bonita
Canyon Drive in Newport Beach, California.
C. City desires to engage Consultant to provide environmental services for the
Project upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant for purpose of this Project are, Robert
W. Balen, Principal and Maria Levario, Assistant Project Manager.
• E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
1. TERM
The term of this Agreement shall commence on the _ day of February, 2002,
and shall terminate when the City takes final action on the Environmental Impact Report,
and a notice of determination is filed as required in accordance with unless terminated
earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A° attached hereto and incorporated herein by reference. All
work and documents shall be prepared in accordance with and shall contain all items
required by the California Environmental Quality Act (CEQA), CEQA Implementing
• Guidelines and City of Newport Beach ordinances and policies. Consultant shall furnish
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all environmental documents and forms to City in electronic format, Microsoft Word 2000,
or other format acceptable to City. •
2.1 If Consultant is requested by City to revise or supplement the draft or final
Environmental Impact Report, with additional data, information or analysis as a result of
the Environmental Impact Report's failure to comply with requirements of CEQA,
Consultant shall provide such revision or supplement at no additional cost to City
provided that such revisions are within the scope of work required in Exhibit "A ".
2.2 If changes to existing laws, rules, regulations or policies of any state, federal
or local governmental authority having jurisdiction over the project occur during the term
of this Agreement that require modification of the draft or final Environmental Impact
Report, Consultant will perform such additional services on a time - and - materials basis.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section, and the scheduled billing rates set forth in Exhibit "A ". No rate changes shall be
made during the term of this Agreement without prior written approval of the Project
Administrator. Consultant's compensation for all work performed in accordance with this
Agreement shall not exceed the total contract price of Fifty -Seven Thousand and Eighty-
Five dollars and zero cents ($57.085.00).
3.1 Consultant shall maintain accounting records of its billings which includes •
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City, and based upon Exhibit
"A"
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of the City. Any authorized compensation shall be paid in
accordance with the schedule of the billing rates as set forth in Exhibit "A ". .
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of sub - consultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges. •
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C. Actual costs and/or other costs and/or payments specifically authorized in
• advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of five
percent (5 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
All of the services shall be performed by Consultant or under Consultants
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.1 Consultant shall not be responsible for delay, nor shall Consultant be
• responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to fumish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
in means of performing the work provided that Consultant is compliance with the terms of
this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
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6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated •
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Maria Levario to be its Project
Manager. Consultant shall not remove or reassign any personnel designated in this
Section or assign any new or replacement person to the Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect to
removal or assignment of non -key personnel.
7.1 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of services upon written request of the City.
Consultant warrants it will continuously furnish the necessary personnel to complete the
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule •
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for the Project, each party
hereby agrees to provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to •
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ensure that the Project proceeds in a manner consistent with City goals and policies.
• 10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
• shall apply even in the event of negligence of City, or its employees, or other contractors,
excepting only the sole negligence or willful misconduct of City, its officers or employees,
and shall include attorneys' fees and all other costs incurred in defending any such claim.
Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees
in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business in the State of California,
with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class
• VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless
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otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of •
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either parry, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give to City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. Consultant shall also
procure and maintain, at its own cost and expense, any additional kinds of insurance,
which in its own judgment may be necessary for its proper protection and prosecution of
the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture. •
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15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant' s deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be entitled to rely
upon the accuracy of data information provided by City or others without independent
review or evaluation. City will provide all such materials in a timely manner so as not to
cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by
Temple, Planning Director shall be considered the
the authority act for City under this Agreement.
authorized representative shall represent City in all
be rendered pursuant to this Agreement.
19. RECORDS
the Planning Department. Patricia
Project Administrator and shall have
The Project Administrator or histher
matters pertaining to the services to
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine, audit and
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make transcripts or copies of such records during normal business hours. Consultant
shall allow inspection of all work, data, documents, proceedings and activities related to •
the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to appeal
to the City Manager or his designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of seven percent (7 0/6) per
annum from the date of withholding of any amounts found to have been improperly
withheld.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
22. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose
financial interest that may foreseeably be materially affected by the work performed under •
this Agreement, and (2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure
to do so constitutes a material breach and is grounds for termination of this Agreement by
City. Consultant shall indemnify and hold harmless City for any and all claims for
damages resulting from Consultant's violation of this Section.
23. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
24. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
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All notices, demands, requests or approvals from Consultant to City shall be
• addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone (949) 644 -3200
Fax (949) 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc.
One Park Plaza, Suite 500
Irvine, California 92614
Phone (949) 553 -0666
Fax: (949) 553 -8076
25. TERMINATION
• In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
25.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
26. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
27. WAIVER
• A waiver by either party of any breach, of any term, covenant or condition
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contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
28. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
29. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
City of Newport Beach
ATTEST:
LaVonne Harkless
City Clerk
Attachments: Consultant Proposal (Exhibit A)
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CITY OF NEWPORT BEACH
A Municipal Corporation
Homer Bludau
City Manager
City of Newport Beach
CONSULTANT:
Robert W. Balen
LSA Associates, Inc.
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February 7, 2002
James W. Campbell
Senior Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Subject: Revised Proposal to Prepare an Initial Study and Focused Environmental Impact
Report for the Newport Beach Temple
Dear Mr. Campbell:
LSA Associates, Inc. (LSA) is pleased to provide the City of Newport Beach (City) with this
proposal to prepare an Initial Study/Focused Environmental Impact Report (EIR) for the proposed
Newport Beach Temple. This proposal is based on our knowledge of the project area, discussions
with you and the project applicant, review of the completed Environmental Information Form, two
visits to the site, and attendance at four meetings at City Hall.
LSA will review and incorporate the information included in the Biological Resource Assessment,
Archaeological Assessment, Paleontologic Resource Assessment, and Initial Study/Mitigated
Negative Declaration (IS/M1,4D) previously prepared for the project site in 1992. A biological
resources update is included in this scope of work. LSA's work effort outlined in this proposal is to
prepare an IS and to prepare and circulate a Focused EIR, providing focused study of the potential
environmental effects of construction and operation of a Temple on the existing church site,
primarily discussing visual, traffic, water quality, and air quality effects. Should the scope of work
change due to the City's desire to address additional issues in the Focused EIR, a budget amendment
would be requested prior to initiation of additional work.
Our proposed scope of work, schedule, and budget are attached. Should you have any questions,
please call me at (949) 553 -0666.
Thank you for the opportunity to assist you with this project. RECEIVED BY
N P NFOT
Sincerely, CIO WnPTREA H
LSA ASSOCIATES, INC.
Rob Balen
Principal
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SCOPE OF WORK
Based on LSA's knowledge of the project, the project area, and a review of project supporting
documentation, we have prepared a pragmatic work program for the EIR. This work program will
provide the City of Newport Beach with the following:
• A project level EIR to allow environmental clearance of proposed development components
consistent with the level of project information available.
• A sensitivity to cost considerations. To this end, LSA will utilize 1) all relevant documentation
provided by the City, and 2) previous environmental clearance documents for the previously
proposed project on the site.
• An environmental analysis consistent with California Environmental Quality Act (CEQA) and
City requirements and procedures in a document that is defensible and complete.
• A responsive schedule to include the timely consideration of certification of the Final EIR.
TASK 1: ENVIRONMENTAL ISSUE IDENTIFICATION AND ANALYSIS .
LSA will assemble all pertinent data provided by the Applicant, the City, and any responsible agency
essential for preparation of an Initial Study and Notice of Preparation, as well as other appropriate
informational documents prepared for projects in the vicinity.
A Screencheck Initial Study (IS), for review by the City, will be prepared to evaluate potential
impacts of the proposed project. The IS will be prepared in compliance with CEQA and the CEQA
Guidelines, as well as City CEQA Guidelines, if applicable. The IS will utilize the Environmental
Checklist Form (Appendix G of the CEQA Guidelines), and will include thorough responses to each
of the checklist questions to determine the potential environmental effects of the proposed project.
To enable LSA to proceed with this first task, the following information must be provided by the
applicant to clearly define the project description and conduct the environmental analysis:
• Complete Plans and Elevations
• Visual Simulations (if required, applicant will provide calculations and data files of visual
simulations for peer review)
• Geotechnical Report
• Photos of the site and surroundings
• Schedule and description of the facility uses, hours, number of persons attending, and an estimate
of the maximum number of persons attending church at any one time •
• Traffic Phasing Ordinance and Parking Study
PAcnn230\E1RPropo 1..pda1129ro2>
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LSA ASSOCIATES. INC. PROPOSAL
JANUARY 2002 NEWPORT BEACH TEMPLE
• Engineered hydrology and water quality plans and studies
The IS document will contain all applicable environmental components required by CEQA, including
project description, IS Checklist, and Checklist responses. The methodology for addressing each
environmental topic is addressed below. For each of the environmental impact sections, the existing
environmental setting will be compared to the proposed project.
Biological Resources
LSA will utilize the previously prepared Biological Resources Assessment, other documentation
related to biological resources on the site, and a site visit in its analysis of this issue. Because a
portion of the project site is currently being used for overflow parking from the adjacent church
facility and a majority of the site has been graded, it is not anticipated that significant impacts related
to biological resources will occur.
As an additional task, LSA will complete a performance evaluation on the Church coastal sage scrub
mitigation site, located north of the proposed project. LSA will evaluate the continuing progress of
the mitigation site since its acceptance by the agencies. The number of California gnatcatcher pairs
will also be noted. The findings will be incorporated into the environmental documentation currently
being prepared for the City of Newport Beach (City) for the LDS Temple project.
Cultural Resources
LSA will review and incorporate the findings and recommendations of the previously prepared
Archaeological Assessment and Paleontologic Resource Assessment, as well as other documentation
related to cultural resources. No significant cultural resource issues are anticipated.
Geology and Soils
LSA will summarize the findings of the geotechnical report provided by the applicant. In addition to
a discussion of seismic concerns, the discussion will focus on the proposed grading on the site.
Land Use and Planning
This section will describe the existing land use setting and analyze the project's compatibility with
the surrounding land uses, as well as its conformance with the City's General Plan Land Use
Element, Zoning Ordinance, and other applicable plans and policies. The City's preliminary review
of the project revealed that the proposed facility is a conditionally permitted use under the Bonita
Canyon Specific Plan EIR and complies with the City's General Plan policies.
• Noise
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LSA ASSOCIATES, INC. PROPOSAL
JANUARY 2002 NEWPORT BEACH TEMPLE
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This section will focus primarily on temporary noise impacts generated by project construction. In
addition, an analysis of traffic noise impacts of the project and potential impacts to the surrounding
area will be included in the discussion.
Agricultural Resources, Hazards and Hazardous Materials, Mineral Resources, Public
Services, Recreation, Utilities /Service Systems
Given the project location and nature/intensity of use, no significant impacts are anticipated for these
environmental topics. Therefore, LSA will describe the existing conditions and provide a limited
assessment of the impacts of the project. This analysis will be based on existing information
contained within the City's General Plan Elements and other applicable City policies, as well as
previous environmental analysis relevant to the project site.
TASK 2: DRAFT INITIAL STUDY/NOTICE OF PREPARATION
After receiving comments from the City on the Screencheck IS, LSA will make the necessary
revisions to the document and supporting technical studies and will prepare a Draft IS to attach to a
Notice of Preparation for public review.
We will provide a pre -print version/revised screencheck of the Draft IS/NOP to the City and
applicant for a limited final review prior to printing. The purpose of this review will be to verify that •
the City is satisfied with the new and revised text. At the pre -print stage, no substantive changes to
technical analyses or conclusions are provided for in the schedule or budget.
TASK 3: PREPARATION OF FOCUSED ENVIRONMENTAL IMPACT
REPORT (EIR)
LSA will prepare a Screencheck EIR in accordance with the requirements of CEQA and CEQA
Guidelines for review by the City. The document 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, and lists of references, persons consulted, and EIR preparers. The document that is
submitted to the City will be in a screencheck form, reflecting LSA internal review and quality
control.
The Focused EIR will address the following issues:
Aesthetics
This section will evaluate potential visual impacts of the proposed project from selected viewpoints,
and will address potential light and glare issues. This analysis will focus primarily on the project's
potential to impact views from the sports park southwest of the project site (currently under
construction), Bonita Canyon Road, the homes immediately northeast of the site in the Bonita •
Canyon Development, as well as homes south of the site. The analysis will utilize visual simulations
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LSA ASSOCIATES. INC.
JANUARY 2002
PROPOSAL
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to be provided by the applicant. Additionally, LSA will conduct a peer review of the visual
simulations provided by the applicant or, if appropriate, LSA will provide additional visual
simulations with viewpoints selected by the City and the applicant (optional task). Visual
simulations are not included in this scope of work and budget. If potentially significant visual
impacts are predicted from the project, mitigation measures will be proposed to endeavor to reduce
visual impacts to less than significant levels.
Air Quality
The air quality section will contain a qualitative discussion of the air quality impacts generated by
the project as required by the South Coast Air Quality Management District. Special emphasis will
be placed on temporary air quality impacts generated by project construction.
Hydrology and Water Quality
Water quality concerns continue to increase with regard to projects in California, as the public and
the Regional Water Quality Control Boards increase their scrutiny over development projects. LSA
will review and incorporate findings of previously prepared hydrology reports, previous
environmental analysis relevant to the project site, and updated hydrology and water quality
information provided to LSA by the applicant's project engineer.
•
Transportation/Traffic
This section will evaluate the on -site and off -site traffic circulation system and parking associated
with the proposed project. Because the majority of Temple activities occurs during off -peak hours,
traffic is not expected to be a significant issue. LSA will utilize the Traffic Phasing Ordinance Study
and Parking Study prepared by Urban Crossroads for the proposed project.
The Screencheck EIR, including appendices and supporting documentation, will be submitted for
City review. After receiving comments from City staff on the Screencheck EIR, LSA will make
necessary revisions to the document.
Prior to circulation of the Draft EIR, we will provide a pre -print version of the Draft EIR to the City
for a limited final review prior to printing the Draft EIR. The purpose of this review will be to
review the changes to the Screencheck and to verify that the City is satisfied with the new and
revised text. LSA specifies six hours of professional staff time to make final corrections.
Prior to completion of the Draft EIR, LSA will work with the City to compile the distribution list and
will prepare a draft Notice of Completion for City review and signature. Copying and distribution of
the Draft EIR to Responsible Agencies and interested parties will be completed by LSA on a cost
plus expenses basis.
During the public review period, LSA will prepare responses to those comments as comments on the
• Draft EIR are received. We will work with the team to determine responsibilities for those responses
based on information developed by others (comments on engineering issues or applicant supplied
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LSA ASSOCIATES, INC.
JANUARY 2002
PROPOSAL
NEWPORT BEACH TEMPLE
•
technical studies). Once we have reviewed the comments and prior to preparing the responses, we
will present a strategy for the response document and will discuss that strategy with the team. The
strategy will address the following types of issues: whether comments will be responded to
individually or grouped by topic and subtopic; tracking system for cross referencing and ensuring
that all comments are answered; approach to answering comments on issues that may be more
philosophical than technical (such as the project objectives). LSA's objectives for the response to
comments are: 1) to be aggressive in establishing the strategy and determining responsibilities in
order to maintain the schedule and minimize later revisions; 2) to prepare a document that is well
organized and usable by all parties, including the public; and 3) to adequately respond to all
comments. Although the focus of the responses will be those comments that are truly subject to
CEQA review, we will also endeavor to answer all questions in an informative manner.
The responses will be assembled into the response to comments component of the Final EIR.
Providing a budget estimate for responding to comments on the Draft EIR is extremely difficult
because it is impossible to predict the volume and nature of the comments. This proposal lists the
tasks we will complete and the conditions of our scope of work. These conditions are the basis for
our budget estimate. They are based on our knowledge of the project and our projections of the
volume and nature of the comments received. Significant new analysis is not included in this task.
We have allocated 24 hours of LSA professional staff time for responses to comments. LSA may
rely on technical input and advice from LDS consultants and the architect for responses to comments
received on the accuracy of the view simulations. In addition, LSA may have to rely on the City's •
traffic consultant, Urban Crossroads, for responses to technical questions about the traffic report.
The City will independently verify all responses prior to public release.
Following City of Newport Beach review of responses to comments, LSA will prepare a proposed
Final EIR (Volume III), which will consist of 1) City of Newport Beach Resolutions (provided by the
City of Newport Beach), including mitigation monitoring program (discussed below); 2) comment
letters and responses thereto with supporting appendices material; 3) any modifications that may be
needed to the Draft EIR document (to be accomplished through preparation of an errata document, if
deemed necessary by the City of Newport Beach); and 4) findingststatement of overriding
considerations (provided by the City).
LSA will prepare a mitigation monitoring program. The monitoring program is intended to ensure
that the adopted mitigation measures are implemented. The monitoring program will contain an
inventory of mitigation measures, method of verification, timing of verification, and the responsible
staff or agency assigned to monitor the condition.
TASK 4: PUBLIC MEETINGS
As requested by the City, LSA will attend two public hearings.
TASK 5: VISUAL SIMULATION PEER REVIEW
LSA will contract with a subconsultant to conduct a peer review of the photo simulations prepared is
for the applicant by RNM Architects Planners (RNM). In order to conduct peer review, RNM will be
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LSA ASSOCIATES. INC. PROPOSAL
JANUARY 2002 NEWPORT BEACH TEMPLE
required to submit calculation and data files, photos, view simulations, and renderings used in the
creation of the photosimulations to the subconsultant for its review and evaluation.
TASK 6: PROJECT MANAGEMENT AND ATTENDANCE AT PROGRESS
MEETINGS
This task represents an active project management role and includes attendance at various project
meetings and coordination with the City and interested parties. The project management role pro-
vides a mechanism to ensure that there is adequate exchange of information during project start-up
and preparation of the Draft EIR. This task includes notifying the City of Newport Beach of pro-
blems as they are encountered, and working expeditiously to resolve problems. 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 Principal in Charge or the Project Manager,
Ms. Maria Lavario, will maintain ongoing verbal and e-mail communication with the client.
The following is a preliminary estimate of the breakdown of LSA's attendance at progress meetings
during the EIR process. The budget anticipates attendance by one or two LSA staff persons at the
meetings, depending upon the issues to be discussed. During the environmental documentation
• process, LSA will monitor the number of meetings we attend to determine actual compliance with
this estimate. Any additional meetings beyond the ten identified will be at the City's approval and at
rates and provisions consistent with LSA's standard fee schedule. The number of meetings specified
is as follows: 1) one kickoff meeting at City of Newport Beach, 2) one meeting with Homeowners
Associations, 3) one meeting regarding visual simulations at City of Newport Beach, 4) one meeting
at site to preview view simulation locations and to view and photograph crane depicting height of
steeple, 5) one meeting with City Attorney to discuss scope of Focused EIR, 6) one meeting
regarding the Screencheck Initial Study, and 7) one meeting regarding the Screencheck Draft EIR.
Additional meetings beyond the six specified here will be charged on a time and materials basis.
LSA DELIVERABLES/PRODUCTS
LSA will provide the following products:
• Screencheck IS/NOP
• Pre-Print Draft IS/NOP
• Distribute IS/NOP
• Screencheck EIR
• Pre -Print Draft EIR
• Draft EIR
• • Screencheck Response to Comments
• Final EIR including Final Response to Comments
P:\cnb230\EIR Pmpo aiwpd GI/29/02>
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LSA ASSOCIATES, INC.
JANUARY 2002
PROPOSAL
NEWPORT BEACH TEMPLE
is
• Mitigation Monitoring Program
SCHEDULE
LSA can complete the scope of work according to the following schedule, contingent upon receiving
all required materials prior to initiating Task 1. Significant changes in the project design or scope of
work will cause delays in the schedule.
Task
Time Required
Running Time
Task 1: Screencheck IIS/NOP
2 weeks
2 weeks
Task 2: IS/NOP
1 week
3 weeks
Task 3: Preparation of Draft EIR, MMP
5 weeks
8 weeks
Task 4: Meetings
as needed
Task 5: Visual Simulations Peer Review
concurrent
Task 6: Project Management and Meetings
concurrent
Task 7: 30 day DEIR Review
5 weeks
13 weeks
Task 8: Prepare Final EIR
2 weeks
15 weeks
Task 9: Circulate Final EIR
2 weeks
17 weeks •
Task 10: Final Public Hearing
1 weeks
18 weeks
Total
18 weeks
18 weeks
Estimated Budget
LSA proposes to accomplish the tasks described in this proposed scope of work for an estimated
labor fee of $50,760, charged on an hourly basis consistent with the attached rates and provisions.
With reimbursables, the total fee will be $57,085. This amount will not be exceeded without your
authorization. Table A provides a breakdown of the estimated fees by task. This fee is based on past
experience of 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. We are willing to negotiate this fee and reduce costs based
on mutually agreeable scope of work specifications.
Table A: Fee Estimate by Milestone Task
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LSA ABBOCIATEB, INC. PROPOSAL
JANUARY 2002 NEWPORT BEACH TEMPLE
Products
Total
1. Project Initiation
$2,530
2. NOP/IS
$5,820
3. SCEIR Document
$24,100
4. Draft EIR (includes distribution)
$5,210
5. Final EIR (includes distribution)
$7,700
6. Public Hearings
$1,500
7. Project Management/Progress Meetings
$3,900
Labor Subtotal
$50,760
eimbursables
$6,325
LSA FEES
$57,085
BUDGET SPECIFICATIONS
Where LSA will be reviewing and incorporating technical studies provided by others, our budget is
based on: 1) receipt of a complete analysis addressing all the issues needed for the EIR, as specified
herein; and 2) receipt of each technical study, with graphics, on diskette or electronic file.
Printing costs are difficult to quantify, since the size and composition (i.e., graphics size and
medium) are uncertain at this time. For budget purposes, we have estimated a cost of $40 per EIR
copy, without color copies. Depending upon which of the Appendices is included, the cost could
increase. A summary of LSA work products and the number of copies of documents used to estimate
printing costs is provided below:
• NOP/Initial Study
• Screencheck Draft EIR/
Appendices
• Print Check Draft EIR
• Draft EIR
• Notice of Completion
• Draft Response to Comments
P:knb230\EIR Proposal.wpd C129/02>
40 copies for distribution
4 copies for City
1 copy for LDS Church
1 copy for City
1 copy for LDS Church
1 camera ready and 40 copies of DEIR for
distribution
1 copy for distribution
5 copies for distribution
1 copy for LDS Church
8 ZI
LSA ASSOCIATES, INC.
JANUARY 2008
• Proposed Final EIR
• Notice of Determination
PROPOSAL
NEWPORT BEACH TEMPLE
4 copies for City review
2 copies for City to file with County Clerk
• Final EIR 1 camera ready, 20 hard copies for
distribution
3 copies for LDS Church
As stated in Task 5, developing a budget estimate for responses to comments to a DEIR is difficult
because it is impossible to predict the volume and nature of the comments. We have based the
budget for responses to comments on our previous experience on similar projects of this nature,
potential for controversy, and understanding of the project. Specifications for estimating this budget
item are provided in the Work Program Section of this proposal.
Our budget is based on the specification that the project description/design will not change during
preparation of the EIR. Some other factors that can affect the budget include issues raised in
response to the NOP, schedule delays and multiple start-ups, and legislation/regulation changes.
These fees are based on past experience with the level of effort needed to complete the CEQA
process in the City of Newport Beach. When appropriate, LSA will aggressively identify strategies
for reducing the overall work effort while maintaining the City's objectives and the legal adequacy of
the work products. We propose to conduct this work under an hourly contract, as described in the
attached schedule of standard contract provisions and billing rates (Attachment A). The estimate of
$57,085 will not be exceeded without your prior authorization.
P:Mnb230\EIR Proposal.wpd <1/29/02>
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