HomeMy WebLinkAbout09 - Santa Barbara Condominium ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
October 12, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, (949) 644 -3208
rung @city.newport-beach.ca.us
SUBJECT: Professional Services Agreement to prepare a Mitigated Negative
Declaration for the Santa Barbara Condominiums project
RECOMMENDATION:
Approve a Professional Services Agreement with David Evans and Associates, Inc., for
professional environmental services to prepare an Initial Study, Mitigated Negative
Declaration, and air quality and noise studies not to exceed cost of $43,963.00, and
authorize the City Manager to the sign Agreement.
DISCUSSION:
The applicant (Lennar Homes) proposes the development of 79 residential
condominium units on a 4.25 -acre site located at 900 Newport Center Drive. The site is
currently improved as the Newport Beach Marriott Hotel's tennis complex. The
application includes a request for approval of a General Plan Amendment, Zone
Change, Tract Map, Parcel Map, and Modification Permit to construct the new
residential development.
Staff has conducted a preliminary evaluation of the proposed project and has concluded
that a Mitigated Negative Declaration should be prepared for the project. Council Policy
K -3 allows the City to select a qualified consultant for environmental services without a
competitive bidding process. However, staff requested a proposal from three
consultants and the proposal from David Evans and Associates, Inc. was selected for
approval due to experience, cost, scope of services provided and timeline.
The consultant has provided a proposal to perform professional environmental services for
the City of Newport Beach for the preparation and processing of the Initial Study and
Mitigated Negative Declaration and supporting documents for the project at a cost of
Santa Barbara Condo Project
October 12, 2004
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$38,228.00. A copy of the proposal is attached to the draft professional services
agreement that is attached to this report.
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 scope of services will include the noise and air quality studies in addition to the
preparation of the Initial Study and Mitigated Negative Declaration documents. The
environmental consulting fees for tasks described in the scope of services including staff
hours, technical studies, direct expenses, and printing have been reviewed by staff and
are considered appropriate and warranted. In addition to the above mentioned fee, staff is
requesting the City Council to authorize the City Manager to grant an additional fifteen
percent (15 %) above the proposed cost to cover any unforeseeable amendments to the
proposed project. The total cost plus an additional 15 percent would be $43,963.00.
Funding Availability:
The cost of the contract, including staff time associated with its review and production,
will be the responsibility of Lennar Homes.
Prepared by: Submitted by:
R salinh M. Un tAoociate Planner
Patricia L. Temple, PI nning Director
Attachments: 1. Draft Professional Services Agreement with draft proposal
from David Evans and Associates, Inc.
Attachment No. 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of 2004, by and
between City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and David Evans and Associates, whose address is 23382 Mill Creek Drive, Suite
225, Laguna Hills, CA 92653, (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 Califomia and the Charter of the City.
B. City intends to prepare an Initial Study and Mitigated Negative Declaration and
other environmental documents in accordance with the California Environmental
Quality Act for the Santa Barbara Condominiums proiect (PA2004 -169), located at
900 Newport Center Drive, 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 member of Consultant for the purpose of implementing this
Agreement is Karen L. Ruggels, Vice President Principahin- Charge of David
Evans and Associates.
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:
TERM
The term of this Agreement shall commence on the 15th day of October, 2004,
and shall terminate when the City takes final action on the Mitigate Negative Declaration,
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
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required by the California Environmental Quality Act (CEQA), CEQA Implementing
Guidelines and City of Newport Beach ordinances and policies. Consultant shall furnish
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
Mitigated Negative Declaration, with additional data, information or analysis as a result
of the Mitigated Negative Declaration'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 Mitigated Negative
Declaration, 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 Thirty -eight thousand two hundred
twenty -eight dollars ($38,228).
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 the
billing schedule outlined in 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 such approval.
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
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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.
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 ten
percent (10 %) 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 Consultant's
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 furnish 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.
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
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City only in the results of the services.
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 Dustin Fuller to be the
Environmental Task Leader (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.
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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
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE LAW 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.
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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
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.
D. Professional errors and omissions insurance that covers the services to be
performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000), if available.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled or materially altered by either party, 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
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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.
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 the Planning Department. Patricia L.
Temple, Planning Director, shall be considered the Project Administrator and shall have
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the authority act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
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
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 %) per
annum from the date of withholding of any amounts found to have been improperly
withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. 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.
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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.
24. 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.
25. 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.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Patricia L. Temple
Planning Director
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone: (949) 644 -3200
Fax: (949) 644 -3229
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
David Evans and Associates, Inc.
Karen L. Ruggels
Vice President Principal -in- Charge
23382 Mill Creek Drive, Suite 225
Laguna Hills, California 92602
Phone: (949) 588-5050
Fax: (949) 588 -5058
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
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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
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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
In
Robin Clauson
Assistant City Attorney
City of Newport Beach
ATTEST:
LaVonne Harkless
City Clerk
City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
Homer Bludau
City Manager
City of Newport Beach
CONSULTANT:
Karen L. Ruggels
Vice President Principal -in- Charge
David Evans and Associates, Inc.
Attachments: Consultant Proposal (Exhibit A)
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EXHIBIT A
October 1, 2004
City of Newport Beach
3300 Newport Blvd., PO Box 1768
Newport Beach, CA 92658
Attn: Rosatinh Una,
U
SuC.iert: ;✓4 .YC�t:L'C rr<CV`E ENV'FCNMENTAL SERVICES TO THE C TY CF NEW CPT
BEACH r! �:E r= ±CSc S.�?iTr BARBARA Ea.Rfi CONDOMINIUMS PF.G E T
Dear Ms. Ung:
David Evans and Associates, Inc. (DEA) has the specific qualifications needed to provide environmental services
for The City of Newport Beach in its review of the proposed Santa Barbara Condominiums project. DEA is a full -
service multi - disciplined consulting firm. Our combined expertise and experience enable us to provide
professional environmental services, as well as a wide array of planning engineering, surveying, and landscape
architecture services to private and public sector clients.
DEA recognizes that the preparation of an understandable, well - written and objective environmental report is a
critical part of the project review and implementation processes, and DEA has the staff and resources to ensure that
we can respond to your needs. We have a proven management plan that will ensure that task orders will be
completed on time and within budget.
DEA's Laguna Hills office will function as the headquarters for tasks and work assignments associated with this
project. We have selected Dustin Fuller as your environmental task leader. Karen Ruggels, Vice President, will
be your Principal -in- Charge. Supported by our in -house staff of environmental analysts and specialists, as well as
our team of subconsultants specifically selected for this project, we will provide the City with the particular
expertise necessary to ensure the successful completion of the EIR. The DEA team is ready to "step in" and
complete the environmental review for the project. The address and telephone numbers for our office are presented
below:
David Evans and Associates, Inc.
23382 Mill Creek Drive, Suite 225
Laguna Hills, California 92653
Phone: (949) 588 -5050; Fax: (949) 588 -5058
`Y The DEA project team is your consultant team of choice. It has been assembled to provide the City of Newport
Beach with the quality of professional consulting services necessary for the project in the most efficient and
comprehensive manner possible. DEA maintains strong relationships with our clients due to the quality of services
we provide, and we will take every step to meet or exceed your environmental review expectations for the Santa
Barbara Condominiums project.
We would like to express our sincere enthusiasm over the prospect of working with the City of Newport Beach.
Please feel free to contact me should questions arise from this proposal, during contract negotiations, or throughout
the duration of the contract. If you need additional information, or if DEA can be of service to the City in any way,
please do not hesitate to reach me at (949) 588 -5050.
Sincerely,
DAVID EVANS AND ASSOCIATES, INC.
rC''<
Karen L. Ruggels, Vice President D in Fuller
Principal -in- Charge Project Manager
Ii
o a
Prepared for:
City of Newport Beach
Attn: Rosalinh Ung, Associate Planner
3300 Newport Boulevard
Newport Beach, CA 92658
Phone: (949) 644 -3208
Prepared bk
David Evans and Associates, Inc.
23382 Mill Creek Drive, Suite 225
Laguna Hills, California 92653
Dustin Fuller, Project Manager
Phone: (949) 588-5050; Fax: (949) 588 -5058
E -mail: djf @deainc.com
October 1, 2004
: 15
Section 1 Introduction
Section 2 Proposed Work Program
Section 3 DEA Team
Section 4 Project Schedule
Section 5 Fee Schedule
Section 6 Relevant Experience and References
APPENDIX: Resumes of Key Staff
PROPOSAL TO PREPARE AN INITIAL STUDYAND MITIGATED NEGATIVE
DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT
OCTOBER 1, 2004 (o
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David Evans and Associates (DEA) is pleased to offer this proposal to provide professional
environmental services for the proposed Santa Barbara Condominiums project. DEA is particularly
qualified to provide the necessary services for the preparation and processing of the Initial Study and
Mitigated Negative Declaration for the proposed project. Since 1976, we have been fulfilling the
need for high- quality environmental planning, engineering, landscape architecture, planning and
surveying services that are timely, accurate, and cost - efficient. Founded upon these disciplines,
DEA has grown from a site development firm to the multi - disciplinary firm it is today. DEA
maintains strong relationships with our clients. We are organized around a system where one
professional staff member is the central contact for each client. This system ensures that there is
always at least one person responsible for maintaining the relationship and working with the client.
DEA's Environmental Services
Successfully balancing social, economic, and environmental interests in our world today is a
challenge for people, companies, and agencies. DEA helps our clients meet these regulatory
challenges by staying up -to -date on the latest scientific information and environmental regulations;
maintaining a staff of trained, certified, and experienced environmental professionals; and
considering the whole project when solving environmental issues.
DEA provides environmental planning services to both public agencies and private sector clients. We
specialize in preparing environmental documents in compliance with the California Environmental
Quality Act (CEQA) and National Environmental Policy Act (NEPA). Specifically, DEA provides
the following services:
✓ CEQA/NEPA documents (Notice of Exemption, Initial Studies (IS), Negative
Declarations (ND), Mitigated Negative Declarations (NIND), Environmental
Assessments (EA), Finding of No Significant Impacts, Environmental Impact
Reports (EIR), Environmental Impact Statements (EIS))
Technical studies in support of environmental documents
Mitigation monitoring and reporting plans (MMRP)
Permit processing with local, state and federal agencies (Section 404 permits,
Section 401 Certifications, 1601/1603 Streambed Alteration Agreements, and
NPDES).
Our staff has prepared NDs, MNDs, Initial Studies, EIRs, EISs, EAs, and related environmental
clearance documents for a range of public and private projects throughout California, including
those for residential, commercial, industrial, and mixed -use developments; school, colleges and
other institutional uses; public facilities; and redevelopment projects, general plans, annexations,
and transportation plans. Our staff is also skilled in preparing Zoning Ordinances, Specific Plans,
Design Guidelines and Development Standards, Local Coastal Program Amendments, Rezones,
Community and General Plans and amendments, and permit applications.
By accurately establishing existing conditions, conducting detailed impact evaluation, developing
implementable mitigation measures, and understanding the mechanisms available for applying
effective mitigation monitoring and reporting programs, DEA adds efficiency to the environmental
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review process and allows for modification and interaction as the review process evolves. In the
long run, this can eliminate unnecessary delays as the process comes to a close.
Our approach to environmental analysis is structured not only to be comprehensive, but also to
provide maximum flexibility and control. This approach ensures selection of the appropriate
environmental document and that all needed analysis can be undertaken efficiently and
expeditiously, without affecting the project schedule. Our staff has successfully completed the
environmental review and permitting for a variety of public and institutional projects and is
thoroughly familiar with the issues that can surround a project of public interest.
DEA's expertise and proficiency in local, state and federal permitting requirements are qualities that
DEA is proud to bring to the City of Newport Beach. Our knowledge of environmental regulations
allows us to readily understand the overlap of requirements and scheduling of critical events in a
manner which avoids duplication and unnecessary project delays. By knowing what is required for
each project, we are able to visualize the end result and carefully strategize the steps necessary to
get there. When an unexpected obstacle is confronted, we have the knowledge and tools to
maneuver and quickly remedy the situation.
DEA's environmental services are proven by our positive results. Environmental reports and
documentation prepared by DEA meet or exceed the requirements of federal and state
environmental laws and related regulations, and DEA has demonstrated success in working with
regulatory and resource agencies. DEA's environmental analysts are supported by professionals in
a variety of other disciplines that include planning, Geographic Information Systems (GIS); civil,
structural, environmental and transportation engineering; and landscape architecture.
DEA's graphics are prepared by professionals experienced in graphic arts, layout, computer design,
and landscape architecture. Documents prepared by DEA are professionally produced using a
variety of publishing techniques to ensure high quality products. These are easy to read and
reproduce for public review and decision -maker consideration. Our report production expertise is
supported by access to large data banks, which assist in our research. DEA's strengths include GIS
applications and implementation, involving services such as user needs assessments, database
design, data conversion, base and utility mapping, programming, equipment acquisition, training,
and support. We use various computer programs including ARC /INFO, Auto CAD, Intergraph,
WILDsoft, and Softdesk and Sun and Intergraph workstations. We have also customized these
programs for use as tools in our engineering, land use planning, environmental, and transportation
planning efforts.
DEA has experience in working directly with staff members of a variety of public jurisdictions and
private clients to achieve successful processing of projects. Working directly with local community
groups, other agencies and jurisdictions, and local interested citizens, we can understand and
analyze the simplest to the most complex of issues. Our environmental documents have withstood
this severe scrutiny and evaluation. Our experiences have gained us recognition for preparing high -
quality, legally defensible environmental documents, which are well- received by reviewing bodies.
DEA is accustomed to working with applicants and clients with aggressive schedules. We are
experienced in developing work programs which meet the project's scheduling challenges through
efficient management techniques including, but not limited to, conducting tasks in a concurrent
Q mffimer, close and regular coordination with the Project Team, agency staff and subconsultants;
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beginning tasks as early as possible; and avoiding down -time by active participation in all aspects
of the project's review and approval processes.
Understanding the Project
The Santa Barbara Condominiums project proposes the
,• _: x >- _. ;r development of 79 residential condominium units on a
4.25 -acre site, located at 900 Newport Center Drive in the
City of Newport Beach. Development is anticipated to
include five residential structures, with a total livable floor
5' area of approximately 205,000 square feet and
approximately 100,000 square feet within subterranean
parking garages. The structures would vary between three and four stories and be approximately
fifty to sixty feet tall. In order to allow the proposed project, a General Plan Amendment, Zone
Change, Tentative Parcel Map, and a Tentative Tract Map from the City of Newport Beach, and a
Coastal Development Permit from the California Coastal Commission would be required.
The site is currently developed with eight tennis courts, a clubhouse, and associated parking for the
Newport Beach Marriott Hotel. Uses surrounding the site include the Newport Beach Country Club
Golf Course to the west, the Newport Beach Police Station, a fire station and the Newport Beach
Chamber of Commerce to the north - - -, the Newport Beach Marriott Hotel to the south, and multi-
family residential and commercial office spaces to the east.
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines,
the proposed development is considered a "project" and subject to environmental review. The City
of Newport Beach is serving as the Lead Agency and is soliciting a proposal for environmental
consultant services that would be needed for the project. Based on the City's preliminary analysis,
it is anticipated that an Initial Study in support of of a Mitigated Negative Declaration (MND)
would be needed for the project. A traffic study will be prepared by a separate consultant and
provided to the environmental consultant for use in the Initial Study analysis.
The City would like to retain the services of an environmental consultant to prepare the requisite
documentation and assist the City in the environmental clearance for the project. These services
would include:
Phase 1
• Review of the Traffic Study; and
• Preparation of the Initial Study.
Phase 2
• Preparation of the Mitigated Negative Declaration;
• Circulation of the draft documents for public review;
• Response to comments on the Mitigated Negative Declaration;
• Preparation of notices and other necessary related documents; and
J Attendance at meetings and hearings on the environmental review process.
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It is anticipated that an Air Quality Study and a Noise Study would be needed to support the
analysis in the Initial Study. The Request for Proposals does not specify the need for these studies,
as such, DEA will provide these studies as optional tasks.
Based on our understanding of the project and a site survey, issues that are expected to be of
concern for the project include:
O Increases in traffic volumes on Santa Barbara Drive;
• Increases in air emissions of criteria pollutants from
increased traffic;
• Noise impacts from project - related traffic on
existing and proposed sensitive receptors;
• The consistency of the amendments to the General
Plan and Zoning Ordinance with the City's goals
and policies; and
• Changes in views of the site from adjacent parcels.
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DEA is offering our environmental consultant services to the City of Newport Beach to prepare the
appropriate environmental documentation for the proposed Santa Barbara Condominiums project.
Under the direction of the City's assigned Project Manager, DEA will be responsible for preparing
and processing the Initial Study and Mitigated Negative Declaration. DEA will incorporate the
findings of the technical studies prepared for the project into the Initial Study. DEA will then be
responsible for the processing these environmental documents, including preparation and filing of
the necessary notices, public distribution of the documents during the review period, preparation of
response to letters of comments, final documents, and attendance at public hearings for the project.
Although not requested by the Request for Proposal, a Coastal Development Permit would be
required by the project. DEA has extensive experience processing a wide variety of permits
through various public agencies, including the California Coastal Commission. If requested, DEA
can provide an additional scope and cost to process a coastal development permit.
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Presented below is DEA's anticipated work program for completing and processing the Initial
Study/MND for the proposed Santa Barbara Condominiums project. Additional issues or
refinements to the scope of work may be warranted as a result of additional review by the City.
Minor project changes can be easily incorporated into the environmental document without
significantly affecting the overall project scope, schedule, and costs. In some cases, however,
major changes occur to a project, requiring wholesale modifications to the project description,
which must be reflected throughout the document text and graphics. Should this occur as part of
the proposed Santa Barbara Condominiums project, we will discuss the project changes with the
City and determine if an amendment to our Scope of Work and Budget is warranted. DEA will
make every effort to work within our proposed Scope of Work and Budget, and will make a
commitment to stay on- schedule, depending on the extent of modifications, which may arise during
our preparation, and processing of the Initial Study and MND.
All environmental documents prepared by DEA as presented in this proposal shall be prepared in
accordance with the City of Newport Beach's environmental review procedures; with the criteria,
standards and procedures of the California Environmental Quality Act (CEQA) of 1970, as
amended, (Public Resources Code Sections 21000 et seq.) and the CEQA Guidelines (Public
Resources Code Section 15000 et seq.); and with other applicable regulations, requirements and
procedures of any other responsible public agency or any agency with jurisdiction by law.
Our scope of work includes the completion of the Initial Study during Phase I and the completion
of the Mitigated Negative Declaration and the environmental review process under Phase 2.
PHASE 1— INITIAL STUDY PREPARATION
1.1 Organizational Project Team Meeting
At project initiation, DEA will meet the City's Project Manager to identify project goals and
objectives; to obtain project plans, studies and related information; and to establish and cent= the
project schedule and deliverables. This will be beneficial in avoiding duplicated efforts and setting
up a process directed at project efficiency and timeliness.
1.2 Site Analysis/Data Collection
DEA will conduct a physical site analysis based on the information provided by the City, other
technical experts associated with the project and other data we have gathered for the project. This
task will also include a review of the conceptual Site Plan, the City's General Plan, Zoning
Ordinance and other relevant ordinances, and any studies completed for the site and the project.
The review of the available documents will focus on developing a clear and concise project
description of the proposed Santa Barbara Condominiums project, for use in the Initial Study.
1.3 Technical Studies
DEA's scope of work includes the optional tasks of the preparation of an Air Quality Study and a
Noise Study. We have provided scopes below for these optional tasks under this work program.
Review of Traffic Study - DEA traffic engineers will provide an independent review of the
Traffic Impact Analysis (TIA) to be prepared by others, for accuracy and completeness.
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DEA will then provide the City with comments or suggested revisions, if any. We assume
that the applicant's consultant will then be responsible for any revisions. DEA will
summarize the findings of the traffic study for use in the analysis of traffic impacts.
Optional Air Quality Study - An optional air quality study will be prepared by Giroux and
Associates. Work scope items to implement this analysis include:
• Characterize the existing air environment, highlighting any development opportunities
presented or constraints imposed by existing (and projected future) air quality.
• Evaluate air quality implications of proposed project using the U-RBEMIS2002 model.
• Prepare air pollution burden calculations resulting from project - related traffic, and
energy use.
• Analyze development plan consistency with SCAQMD regional air quality strategy and
State Implementation Plan (SIP).
• Identify relevant mitigation measures for general development, particularly the
jobs/housing balance goals and appropriate transportation control measures of the last
adopted (1994) SIP.
Optional Noise Study - An optional Noise Study can be prepared by Giroux and
Associates. The tasks for completing this study are outlined below:
• Perform limited on -site ambient noise monitoring to develop a baseline noise
characterization.
• Develop a baseline noise exposure profile (CNEL or Leq as appropriate).
• Analysis of demolition and construction activity impacts on nearby sensitive land uses
• Analysis of site related noise constraints from ambient and future traffic volumes, as
well as current loading dock operations at the Marriott Hotel.
• Relate project noise impacts to the noise /land use compatibility guidelines in the City
of Newport Beach's Noise Element and Noise Ordinance.
• Develop a noise mitigation plan for any predicted noise impacts that represent a
constraint to the project area development opportunities.
1.4 Initial Study
The Environmental Analysis discussion in the Initial Study will form the basis for the Mitigated
Negative Declaration and will provide the necessary background for determining the potential for
significant environmental effects associated with project implementation. DEA will need to
complete an Initial Study in accordance with CEQA Guidelines Section 15063 and Initial Study
Checklist (Appendix G) in the CEQA Guidelines.
In order to achieve the objective of a Negative Declaration determination, the Initial Study (IS)
must be thorough. Each of the topics identified on the environmental assessment form contained in
the State CEQA Guidelines will be analyzed to document the nature and extent of any potential
environmental consequences and the need for mitigation. Many of the issue areas addressed in the
Initial Study will not have the potential for significant effects (i.e., "No Impact ") due to the location
and nature of the proposed project. The specific purpose of the analysis in the Initial Study will be
to identify all potential significant adverse environmental impacts and incorporate mitigation
measures to reduce or eliminate the adverse consequences.
DEA will prepare a draft Initial Study document, in accordance with CEQA and the CEQA
OGuidelines, and will include the following sections:
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O Introduction. This section will introduce the Initial Study, describe the purpose of the
Initial Study and determination for the preparation of the Mitigated Negative
Declaration and will provide a brief summary of the findings of the Initial Study.
4 Environmental Setting. The Environmental Setting will describe existing physical
setting and characteristics of the project site, as well as the setting and character of the
surrounding area. Additionally, this section will summarize the various land use
policies in the City and present their relevancy to the proposed project.
0 Project Description. The Project Description will provide a detailed, yet concise,
description of the proposed Santa Barbara Condominiums project. The purpose and
need of the project will be clearly stated, along with the benefits of the proposed
project. Discretionary actions (GPA, ZC, TTM and CDP) needed to implement the
project would also be identified.
4 Environmental Analysis. This section will provide an expanded discussion of the
environmental issues as presented in the Environmental Initial Study checklist. Each
checklist question will be presented along with a response. A statement will be
provided to clearly support the checklist response to each question. References used as
the basis for the analysis would also be listed after each response.
Based on our understanding of the project and the proposed site for the Santa Barbara
Condominiums project, we expect that more detailed discussion of the following issues will be
needed in the Initial Study.
• Land Use and Community Character — The consistency of the Santa Barbara
Condominiums project with the City's General Plan and Zoning Ordinance and
conformity of the project with other land use plans and policies for the site and
the surrounding area will be analyzed. The analysis will also focus on land use
compatibility with adjacent commercial land uses and residential development.
• Traffic — Impacts associated with the increase in vehicle traffic volumes on
Santa Barbara Drive and the surrounding roadways would be identified, along
with the needed roadway improvements to maintain acceptable operating levels
of service. The analysis will be based on the traffic study to be prepared by
others.
• Short -term Noise and Air Quality Impacts — Construction of the Santa
Barbara Condominiums project will result in short -term noise and air quality
impacts. Scheduling construction/demolition activities and adherence to local
regulations regarding hours for construction would avoid significant impacts
associated with construction noise. Relative to air quality impacts, dust is
normally the primary concern during the construction of new buildings and
infrastructure. The air quality impacts of the proposed project would be
analyzed in accordance with the requirements of the SCAQMD, as provided in
the District's CEQA Air Quality Handbook. Air quality and noise impacts
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associated with increases in vehicle traffic on area roadways would also be
analyzed.
• Aesthetics — The site and the surrounding area have views of the adjacent golf
course. Construction of the condominiums on the site would change views of
the site and through the site. This would be analyzed in the Initial Study.
Since the project site is developed with the existing tennis courts, clubhouse and associated surface
parking lot, no biological resources or cultural resources are expected to be present on the site.
Also, since the site is in use, it is anticipated that public services and utility and infrastructure
systems are present to serve the site and the proposed project. While significant adverse impacts
are not expected on these environmental issues, as well as on population and housing, mineral
resources, and recreation, a detailed analysis of the impacts and the findings will be provided in the
Initial Study. This will provide the needed supporting documentation for the Mitigated Negative
Declaration.
O Mandatory Findings of Significance. This section of the document will provide a
discussion of the project's impacts, as they relate to the mandatory findings of
significance under CEQA.. Similar to the discussion in the Environmental Analysis
section, a response will be presented for each of the Mandatory Findings of
Significance questions, as found in the Initial Study Checklist. Any mitigation
measures developed to reduce adverse impacts will also be identified, to support the
determination of a Mitigated Negative Declaration.
O Appendix The Environmental Initial Study checklist will be included as an appendix
to the document, along with the technical studies prepared for the project.
1.5 City Review
Once the draft Initial Study is completed, they will be presented to the City of Newport Beach's
Project Manager for review and comment. This task will ensure that the information provided in
the Initial Study relative to the project actions and description is accurate and that the Initial Study
reflects any modifications to the project which may have occurred during the time the Initial Study
was being prepared.
I.6 Mitigation Monitoring and Reporting Program
In compliance with AB 3180 (PRC 21081.6), which requires the monitoring of mitigation measures
and reporting their implementation to ensure compliance as part of specific project approvals, DEA
will prepare the Mitigation Monitoring and Reporting Program for the project. Monitoring would
be linked to specific stages of project development, such as building permit, and/or certificate of
occupancy, to ensure that all mitigation measures are implemented.
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PHASE 2 — MND AND ENVIRONMENTAL REVIEW
2.1 Mitigated Negative Declaration (MiVD)
Based on the findings in the Initial S udy,DEA will prepare the MND, which will include a brief
summary of the project and the environmental analysis, identify the needed mitigation measures;
and provide the City's findings for adoption of the MND.
2.2 Public Distribution
Following review of the Initial Study and MND by the City of Newport Beach, DEA will make the
necessary revisions to the draft Initial Study and MND and prepare the documents for public
review. We assume one revision of the preliminary document, prior to the document being
circulated for public review. DEA will also prepare the Notice of Availability/Notice of Intent.
DEA will distribute the Notice and draft Initial Study and MND to City staff, responsible agencies
and other interested parties to initiate the public review period, but we assume that the City will be
responsible for providing the mailing list and posting and/or noticing in the local newspaper.
2.3 Response to Letters of Comment
Upon completion of the 30 -day public review period, DEA will prepare written responses to all
letters of comment received. All comments received in response to the Initial Study and Mitigated
Negative Declaration will be discussed with the City of Newport Beach's Project Manager, and an
approach to the responses will be agreed upon prior to preparation of the responses. Draft
responses to comments will be submitted to the City for review. Once fmalized, DEA will provide
copies of the responses to agencies and parties that provided written comments on the Initial Study
and MND. DEA will then revise the Initial Study and Mitigated Negative Declaration in
accordance with staff's directions, will prepare the final documents. The Final Initial Study and
MND will include necessary agreed upon revisions requested by staff or as a result of the Public
Review process, Letters of Comment and Responses, and the Mitigation Monitoring and Reporting
Program.
2.4 Meetings and Public Hearings
During preparation of the environmental document, DEA may be requested to attend project team
meetings where environmental issues are the focus. Additionally, DEA may be requested to attend
meetings with the City where impact assessments and/or mitigation strategies are discussed.
Our proposal assumes that DEA will attend one (1) organizational Project Team meeting, three (3)
meetings with City staff, and two (2) public hearings. Additional meetings will be performed on a
time and materials basis, as requested by the City. Teleconference calls to discuss the project
status, various project features or issues and other matters related to the project would be part of
project coordination and would not be counted as meetings.
DEA will also prepare and file the Notice of Determination for the project, after the City's adoption
of the Mitigated Negative Declaration. In addition, we will prepare the Certificate of Fee
Exemption/De Minimis Impact Finding, in accordance with Section 711.2 of the Fish and Game
Code. After obtaining signatures on these documents by the City, DEA will file the Notice and
Certificate with the County Clerk.
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The successful preparation of an environmental document and implementation of an effective
mitigation program is due in large part to the quality of the project team, whose expertise is
essential in providing technical analyses and supporting documentation in an efficient manner.
Similar to every project, each project team is unique. With the size of our firm and the diverse
expertise of each individual at DEA, we have the ability to choose a proven project manager with
the necessary expertise to suit the needs of the project. Similarly, we can designate an experienced
team to provide the various technical elements that are required for the project.
DEA has organized an experienced group of individuals for the preparation of the Initial
Study /MND for the proposed Santa Barbara Condominiums project that will provide the City of
Newport Beach with a responsive, technically competent, and efficient team. DEA is proud to
present a strong team with the knowledge, experience, and enthusiasm to achieve the City's goals.
To serve the City of Newport Beach, we have selected Karen Ruggels to serve as the Principal -in-
Charge and Quality ControUQuality Assurance Manager. Ms. Ruggels is a senior member of the
DEA staff, with 25 years of experience on environmental projects for California. Dustin Fuller
will directly support Ms. Ruggels and will be the Environmental Task Leader for the project.
DEA's qualified staff of environmental planners and technical experts will support Ms. Ruggels and
Mr. Fuller to ensure accurate analysis of environmental issues and efficient use of staffing and
resources for the project. Organization of our project team is illustrated below. A brief introduction
to DEA's primary project team members follows our organizational chart. Complete resumes are
provided in the Appendix.
Environmental Analysis /Review & Report Preparation
elmanT� rVny Gramlich = Hans Groiuc Ailia VW
Analyst Envvontttental Ana" Sr, Scientist It-
PROPOSAL Transportation Engineer
DEA Geolni and Associ DEA
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e Karen Ruggels — Principal -in- Charge
Ms. Ruggels brings to your project nearly 25 years of environmental experience in both the private
and public sectors. Her expertise includes implementing environmental review under CEQA and
NEPA, as well project management, resource agency coordination, site and policy planning and
public presentations. She has managed a wide variety of projects ranging from large -scale land
development to public facilities and is skilled in working directly with public interest groups to
discern and evaluate potential public concerns.
Particularly relevant to the work effort necessary for the Santa Barbara Condominiums project is
Ms. Ruggels' ability to work side -by -side with public agency staff. Ms. Ruggels has been working
directly with City and County staff members in a variety of jurisdictions throughout her
professional planning experience. She has developed an outstanding relationship based on her
professionalism, responsiveness, conscientiousness and honesty. Additionally, Ms. Ruggels
regularly works with staff of other jurisdictions, U.S. Army Corps of Engineers (ACOE), U.S. Fish
and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), California
Coastal Commission and Caltrans. Ms. Ruggels is able to coordinate the interrelationship of a
variety of public agencies with local approvals. Added to Ms. Ruggels' wealth of experience is her
ability to work directly with public interest groups to discern and evaluate potential public concern
relative to a particular project. For the Santa Barbara Condominiums, Ms. Ruggels will serve as our
team's QA/QC officer.
e Dustin Fuller — Environmental Task Leader
Mr. Fuller is a project manager with DEA and has over eight years of experience in the
environmental planning field. His experience includes preparation of CEQA and NEPA documents
for general plans, redevelopment projects, and mixed -use projects for a variety of commercial and
residential uses. Mr. Fuller has wide - ranging experience in the preparation of Environmental
Impact Reports (EIRs), Negative Declarations, Environmental Impact Statements (EISs), and Air
Quality and Noise Quality Technical Reports. Additionally, Mr. Fuller has training and knowledge
with a wide variety of land use and planning issues such as: zoning, general plans, variances,
setbacks, housing, historical buildings, community planning, transportation, and growth
inducement. Of particular relevance is Mr. Fuller's project experience including a General Plan
Amendment and rezone for the Espanada Specific Plan in Chula Vista; preparation of
environmental documents in support of, and acquisition of Coastal Development Permits from the
California Coastal Commission and City of Del Mar for the North County Transit District. Lastly,
Mr. Fuller brings the ability to work well in project teams to prepare documents that are thorough
and legally defensible.
For the Santa Barbara Condominiums project, Mr. Fuller will be the Environmental Task Leader
and will be responsible for coordinating with the City and the efforts of our staff, in preparing the
Initial Study /MND and associated documentation, and ensuring that all deliverables are prepared
on- schedule.
a Jeremy Fusselman —Environmental Analyst
Mr. Fusselman is an environmental planner and analyst with DEA. His experience in
environmental planning includes research and writing EIRs, and other environmental resource
studies for the private sector. Additionally, Mr. Fusselman is knowledgeable with preparing and
processing project applications. He is familiar with Geographic Information Systems (GIS), water
Oresources /toxicology, natural resource management, and urban planning. Mr. Fusselman is also
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efficient in data collection, research and analysis. A few projects that he has provided
environmental research and report preparation for include the Annexation 156/Pre- zoningiFoothill
Boulevard Street Improvement Project 1S /MND in Fontana, Espanada Specific Plan EIR, and the
Costco National City EIR. He will assist in the preparation of the environmental documents for the
Santa Barbara Condominiums.
a Amy Gramlich — Planning Analyst
Ms. Gramlich is an environmental planner and analyst with DEA. Her experience in environmental
planning includes assisting in the research and preparation of Initial Studies and Mitigated Negative
Declarations (IS/MNDs), and EIRs. Ms. Gramlich is familiar with issues pertaining to natural
resource management/conservation and city planning issues. She has provided environmental
research and report preparation for the Francis Parker Upper and Middle School 1S /MND, Empire
North Fontana Project EIR, Esplanade Specific Plan 1S/MND, Espanada Specific Plan EIR, and the
San Jose Community Day School 1S /MND. She will assist in the Initial Study research and
analysis for this project.
e Julia Wu — Transportation Engineer
Ms. Wu is a transportation engineer with professional experience in transportation/ traffic operation
analysis, traffic impact study, mitigation design, and preliminary engineering for Major Investment
Study. She also has professional PS &E experience in traffic signals, signing, striping, detour /traffic
control, highway and street improvement design. Ms. Wu will provide independent review of the
traffic study prior to our use in the 1S.
Giroux & Associates
Giroux & Associates, under the direction of Hans Giroux, has been providing air quality and noise
consulting services for wastewater projects for over twenty years. Mr. Giroux has extensive
experience in the Inland Empire and southern California region. He has written community noise
ordinances and General Plan Noise Elements. Hans' noise expertise is in the conduct of impact
assessments for roadway sources, construction equipment and gravel plants, industrial equipment,
gas recovery plants, recreational activities and oil refineries. He also has extensive experience in
monitoring ambient noise levels and the calibration of highway traffic noise using the FHWA -RD-
77 -108 model. In addition, he has prepared noise mitigation studies, including barrier design,
location, equipment noise control and residential retrofits.
Mr. Giroux's air quality experience includes air quality impact assessments for transportation
systems; industrial emission sources; commercial, residential, institutional and recreational uses.
He has also developed numerical airflow analyses and conducted numerous meteorological and air
quality data acquisition programs. He has a strong emphasis in arid environment, geothermal
development, odors and nuisance, and regional pollution impacts in Southern California. The
optional air quality and noise studies will be provided by Giroux and Associates, if the City decides
on these studies.
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DE.9 has been commended many times for meeting and beating project schedules set by our clients.
We realize the importance that has been placed upon our firm to provide a quality product in a
timely manner. "On time " and "On budget" are some of the terms frequently used by clients, but
very few consultants are able to live up to these standards. DEA has an excellent reputation for
meeting both of these criteria. When DEA takes on a project, we are committed to seeing that
project through to a positive completion. The best indicator of our ability is in our repeat business
with various clients and agencies. We understand the need for accelerated schedules and have a
great deal of confidence in our ability to meet project schedules.
The demonstrated proficiency with which DEA manages concurrent complex, multi - disciplinary
task projects is a major factor in the demonstrated success of our Turn and the exceptional quality of
our documents. We have consistently maintained excellent performance while managing several
simultaneous assignments of diverse scopes. Specific aspects of DEA's internal operation, which
allow an efficient management of personnel assigned to the project, will prove valuable to the
completion of work assignments in a timely manner. Specifically, the following personnel
resources management plan will be applied to the project:
d Consistent with DEA policy, we have assigned a Project Manager with specific relevant
experienced to see the project through to completion;
0 The Project Manager will maintain a 3 -montb staff workload of all environmental
projects within DEA, updated weekly to ensure that staff is available to complete tasks
and meet project milestones and target dates.
• At project initiation, a project work plan will be defined, detailing scope, schedule,
budget, and assignments.
• Total Quality Management requirements will be identified at project on -set to match
the specific project discipline.
• A project kick -off meeting will be conducted involving all key project personnel.
• A project team roster will be prepared and kept updated, including project- specific e-
mail distribution lists to rapidly exchange information.
• Internal to DEA is our centralized accounting system, which will track labor weekly
and bill monthly.
DEA will work closely with the City staff to ensure the completion of work products within
established schedules. To assist DEA's project managers in meeting tight schedules, DEA utilizes
computer software, such as Microsoft Project and Primavera, to create a critical path schedule and
to identify start and end times for each task, slack times for non - critical tasks, and dependencies
between tasks. Once adopted, the schedule is reviewed on a weekly or bi- weekly basis to ensure
that tasks are progressing as planned. When deviations to the schedule result from factors beyond
our control, the schedule is updated to reflect current estimates for completion dates and staffing
requirements. If a scheduling conflict is identified during the team's weekly meeting, the project
manager is responsible for resolving the conflict.
Provided below is a preliminary Project Timeline for DEA's work efforts that has been developed
for the project and will be refined as part of the initial phase of our work efforts. The schedule
defines milestones and assigns tasks based on the required scope for the project. The schedule
Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT
OCTOBER 1, 2004
S,
V
reflects the required CEQA review for the Initial Study and MND (30 days). Once a start date has
been developed, DEA will meet with the City to refine the project schedule, as necessary. A
detailed schedule will then be submitted to the City.
DEA will monitor and adjust the schedule regularly as the project progresses. This management
procedure will alert DEA and City staff to any delays, rescheduling needs, or assignment of
additional staff. As shown, DEA will be able to provide the City with the draft Initial Study ten
weeks after the Notice to Proceed and the time we receive the plans and studies for the project. It is
also anticipated that the environmental review process would be completed within approximately
20 weeks.
Task&
Dmatfim - - - - --
,93lb3R I O C13T UTS
— - - -- ..— "
1 --2. 3 - 4- _5- _6-_7- -8..9. 10 11.
12
13
14
15
16
1T
18
19
21
Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT
OCTOBER 1, 2004
30
0
Our proposed fee schedule is presented on the following page. As shown, professional services will
cost $34,728.00. Direct costs for other items incurred on the City's behalf are estimated at
$3,500.00, and will cover reproduction and mailing costs of the Initial Study during the public
review period and delivery or messenger services. The total fee for our environmental services, as
presented in this proposal, would be $38,228.00. The optional air quality and noise studies are
expected to add $4,180.00 to the fees, if selected. Fees and costs proposed in our budget are in
effect for one year from the point we receive the Notice to Proceed.
Budget control will be the responsibility of DEA's Program Manager. We will monitor the time our
staff spend on assigned tasks to ensure that we maintain our agreed upon budget. Additionally,
DEA's project manager will regularly communicate, via phone calls and e-mail, with all members
of our project team, as well as City staff, to provide regular updates of our work efforts. This will
ensure that our efforts progress efficiently and will be valuable in alerting City staff in an
expeditious manner of any critical issues that may develop during our work. Invoices for work
completed will be submitted to the City staff on a monthly basis.
PHASE 1: INITIAL STUDY PREPARATION
1.1 Organizational Team Meeting
1.2 Site Tour and L lerafure Review
1.3 Technical Studies
Review of Tratfic Study
Optonal Air Quality Study
Optional Noise Study
1.4 In4ial Study
1.5 City Review
1.6 MMRP
Subtotal
PHASE 2: MND and Environmental Review
2.1 Prepare Mitigated Negative Declaration
2.2 Public Distribution
2.3 Response to Letters of Comment
Preparation of Final MIND
Notice of Determination
2.4 Meetings and Public Hearings (assumes 2 mtgs and i Hearing
Project Management
Subtotal
. N
e F
U C 6 C
m 0 �
W V
O 0 O C U L
C > 9 S C � p
a` w a w` a r w Taal
. Hours
Fee
4
4
6
2
1,040
920
1,540
1,980
2,200
10.330
2.634
920
4
81
4
2
10
18
2
1
5
8
4
5
1
2
4
12
12
4
36
75
20
2
8
20
0
3
$13,164
4
8
10
56
177
14
23
$21.564
. Hours
Fee
1
4
6
2
1.066
1.082
2,616
1,470
630
3,120
3180
4
7
4
2
10
18
2
1
5
8
5
1
2
4
12
12
6
24
23
1
43
0
t3
$13,164
TOTAL 33 117 154 14 36 $34,728
Estimated Reimburseable Costs [Includes out -of- pocket expenses (including, but not limited to blueprirning, printing, $3,500
duplicating/copying, reproduction, photography and deliver services) and services performed for unexpected work. Direct
expenses will b
GRAND TOTAL $38.228
Without the optional air quality and noise studies, the proposed budget total would be:
ICE
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$34.048
31
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DE4 is particularly qualified to provide the necessary environmental
consultant services for the Santa Barbara Condominiums project. Our ability
0 o to conduct environmental analyses and prepare high quality written reports is
expanded by our abilities to prepare and process a variety of agency permits.
DEA's expertise and proficiency in local, state and federal permitting
requirements are qualities that DEA is proud to bring to the City of Newport
Beach. Our knowledge of environmental regulations allows us to readily
understand the overlap of requirements, necessary timing of surveys, and scheduling of critical
events in a manner which avoids duplication and unnecessary project delays. By knowing what is
required for each project, we are able to visualize the end result and carefully strategize the steps
necessary to get there. When an unexpected obstacle is confronted, we have the knowledge and
tools to maneuver and quickly remedy the situation.
Relevant Project Experience
DE.4 has prepared environmental documentation for a wide variety of projects in the Southern
California region. DEA's work on similar projects provides the City with the experience and knowledge
necessary to complete the environmental documentation for this project. This list represents only a
sample of our resume and is not intended to be comprehensive.
Murray Canyon Apartments, San Die,o, California
DEA is providing environmental planning services for the Murray Canyon Apartments
project. The project is located in the Mission Valley area of the City of San Diego. DEA is
coordinating the environmental documentation for the project. The project involves the
development of 276 one and two bedroom apartments with parking and recreational areas.
The site is also adjacent to an existing sand and gravel quarry.
Espanada Specific Plan Project, Chula Vista, California
The proposed Espanada Specific Plan project proposes redevelopment of a 4.2 -acre site
with two fifteen -story residential towers, sixteen residential townhomes, approximately
13,000 square feet (s.f.) retail commercial, and a high -end restaurant component
comprising approximately 8,900 s.f. Surface parking would serve the R
townhouse, retail and restaurant uses; while a two -level below -grade
parking facility would serve the two residential towers. The
proposed Espanada Specific Plan would establish a new mixed -use
zone for approximately 3.5 acres of the project site. This new zone
would be designated as the Urban Residential/Commercial Zone and
is intended to be compatible with the proposed Mixed -use Transit
Focus Area land use classification identified in the City of Chula Vista's General Plan
Update. The project proposes high- density, transit - oriented, residential development with
complementary retail commercial uses to serve workers and residents of the surrounding
Urban Core and the City of Chula Vista.
\♦ PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT
OCTOBER 1. 2004
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Empire Center South, Fontana, California
DEA prepared an Initial Study /MND for the Empire Center South project
..� in the City of Fontana. The document analyzes the potential environmental
impacts of a proposed General Plan Amendment, Zone Change, Specific
Plan Amendment, Tentative Tract Map, and Tentative Parcel Map for a
108 -acre site in the southern section of the City of Fontana. The project
proposed the development of 414 single family homes, a neighborhood
commercial area, and a park on the site. The project site was located on potential habitat for
Delhi Sands Flower - loving Flies, a federally endangered species, although no individuals of
the species was recorded on the project site. The IS /MND also addressed the project's
potential to result in impacts to traffic.
University Gardens, San Diego, California
DEA was responsible for the environmental review and permitting for a senior housing
project in University City. DEA was instrumental in developing mitigation for potential
impacts to wetlands caused by an offsite sewer extension, which is required to serve the
project. The sewer line improvement is located within the Marion Bear Park, an important
open space preserve in San Diego. Coordination for the project involves working with a
variety of consultants, the City of San Diego Parks and Recreation and Development
Review Departments.
Glendora Condominium and Subdivision EIRs, Glendora, California
DEA prepared two FIRS for residential projects in the City of Glendora. The nine -unit
condominium FIR analyzed the potential for adverse impacts on an adjacent senior housing
project and pre - school, while the 18 -lot subdivision FIR analyzed
impacts on the various residential land uses surrounding the site. Both
projects involved a zone change to a lower density designation,
development plan review, and approval of subdivision maps. Issues S
addressed in these FIRS include land use compatibility, view obstruction,
ORA1�
noise, and air quality impacts, traffic and circulation, and public services
and utilities.
Student Apartment Complex, California State University San Bernardino ( CSUSB). San
Bernardino, California
DEA prepared an Initial Study and Addendum to the Master Plan Revision EIR for the
construction of a student housing facility on the CSUSB campus. The Student Apartment
Complex included a 600 -bed complex in nine separate structures, with four to six
apartment suites in each structure. This apartment complex would be utilized by existing
and future students at CSUSB, as anticipated by the University's recently adopted Campus
Master Plan. The Initial Study evaluated the potential impacts of the apartment complex, in
relation to the impacts discussed in the EIR for the Campus Master Plan Revision.
Orange County Animal Shelter, Tustin. California
DEA prepared an Initial Study/Mitigated Negative Declaration for the Orange County
Animal Care Center, which is proposed within the reuse area of former Marine Corps Air
Station, Tustin (MCAS Tustin) in the City of Tustin. A Program EIR and Environmental
Impact Statement (EIR/EIS) applies to the land use plan governing the broader reuse area,
�O
PROPOSAL TO PREPARE AN INITIAL STUDY AND WiGA TED NEGATNE
DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT
OCTOBER 1, 2004 Q
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and the MND discusses the project's relationship to the EIlUEIS. The proposed facility
would house the relocated Orange County Animal Care Center, including a main building,
animal enclosures, and a parking area. Issue areas for the project include its proximity to
ongoing hazardous materials remediation on the former military base and potential air
quality impacts.
References
The following is a list of private clients and public agency references that can attest to the quality of
work by DEA.
City of Fontana
Don Williams
Planning Manager
(909) 350 -6723
County of Los Angeles
Sam Sklar
Facilities Project Manager
(626) 300 -3014
City of San Diego
Dick Rol
Water and Wastewater Facilities
(619) 533 -5124
City of San Bernardino
Valerie Ross, Director
Community Development Department
(909) 384 -5057
City of Fontana
Debbie Brazill
Community Development Director
(909) 350 -7613
County of Riverside
Ron Goldman
Planning Department
(909) 955 -1897
O
Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT f
OCTOBER 1. 2004 S( 1