HomeMy WebLinkAbout08 - Hyatt Regency Newport Beach Expansion EIR PreparationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
April 11, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: James Campbell, Senior Planner
Planning Department
949/644 -3210. jampbelI @city.newport- beach.ca.us
SUBJECT: Professional Services Agreement to prepare an Environmental Impact
Report for the Hyatt Regency Newport Beach Expansion.
RECOMMENDATIONS
1) Approve a Professional Services Agreement with The Planning Center of Costa
Mesa, California, for professional environmental services to prepare an
Environmental Impact Report for an amount not to exceed $135,565; and
2) Authorize City Manager to sign the Agreement.
DISCUSSION
Hyatt Regency Newport Beach proposes to expand by adding 88 new timeshare units,
a new 24,387 square foot ballroom, a 10,072 square foot spa, and two -level parking
garage. Implementation of the project will require the demolition of 12 villas and the
existing 3,190 square foot ballroom and the elimination of the executive golf course.
The application for the Hyatt Regency expansion includes requests for a code
amendment to revise the Coastal Height Limitation Zone map boundaries so as to
include the subject property in the 32/50 height zone rather than the 26/35 height zone,
a Local Coastal Program Amendment to revise the Coastal Height Limitation Zone map
boundaries to exclude subject property, an amendment to the existing Use Permit, a
Use Permit to allow for structure height in excess of 32 feet and below 50 feet in height
and a Development Agreement for the timeshare units.
Hyatt Regency EIR
April 11, 2006
Page 2
Environmental Impact Report Preparation
Staff conducted a preliminary evaluation of the proposed project and concluded that an
Environmental Impact Report should be prepared. The EIR will focus on Traffic and
Circulation, Visual /Scenic Resources, Biological Resources, Hydrology and Water
Quality and Land Use and Planning although the full scope of the review will include all
topics.
Planning Department staff conducted a competitive proposal process for EIR proposals,
and the Planning Center was selected on the basis of experience, cost, and scope of
services provided. The consultant has provided a proposed Scope of Work to perform
professional environmental services for the City of Newport Beach for the preparation and
processing of an Environmental Impact Report and supporting documents. The Scope of
Work including a schedule for completion is included as Exhibit "A" to the draft
professional services agreement attached to this report. Exhibit "B" to the agreement sets
forth the itemized costs for preparation of the EIR and Exhibit "C" details the consultant
billing rates.
Staff has reviewed the Scope of Work for the EIR contract and believes it is adequate to
meet or exceed the minimum requirements set forth by the California Environmental
Quality Act. Traffic analysis will be provided by the IBI Group and Cultural Resource
analysis will be provided by Cogstone Resource Management Inc., both as subcontractors
to The Planning Center. The environmental consulting fees for tasks described in the
Scope of Work including staff hours, technical studies, direct expenses, and printing have
been reviewed by staff and are considered appropriate and warranted.
Funding Availability:
The cost associated with the agreement will be the responsibility of the Hyatt Regency
Newport Beach.
Submitted by: Prepared by:
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PATRICIA L. TEMPLE
Planning Director
,.J OPS W. CAMP ELL
Senior Planner
Attachments: 1. Draft Professional Services Agreement between the City of
Newport Beach and The Planning Center
PROFESSIONAL SERVICES AGREEMENT WITH
THE PLANNING CENTER FOR PREPARATION OF AN EIR
FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION
THIS AGREEMENT is made and entered into as of this day of , 2006, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
THE PLANNING CENTER, a corporation, whose address is 1580 Metro Drive, Costa
Mesa, California 92626 ( "Consultant'), and 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
City.
B. City is planning to prepare an Environmental Impact Report (EIR) in conjunction
with the proposed Hyatt Regency Newport Beach Expansion.
C. City desires to engage Consultant to prepare an Environmental Impact Report
( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be JoAnn
Hadfield.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth 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 above written date, and shall
terminate on the 30`h day of April, 2007, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
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.
3.1 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 that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 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.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the Schedule of
Compensation attached hereto as Exhibit B, and the Billing Rates attached
hereto as Exhibit C, both incorporated herein by reference. Consultant's
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and sub - consultant fees, shall not exceed One
Hundred Thirty-five Thousand Five Hundred Sixty-Five Dollars and nol100
($135,565) without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
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4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of sub - consultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved 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.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit C.
5. PROJECT MANAGER
Consultant shall designate 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 Agreement term. Consultant has designated JoAnn Hadfield to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
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 City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be the Project Administrator and shall have the authority to 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. In performing duties set forth in the Scope
of Services in Exhibit "A ", Consultant shall report to, coordinate with, receive
direction from, and be responsive to David Lepo, Senior Project Manager for
Hogle- Ireland, Inc. under separate contract with City, as an authorized
representative of the Project Administrator.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 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 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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 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.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims'), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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 approval
for 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 means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance 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
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
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any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi, The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
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F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: 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. 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.
16. SUBCONTRACTING
City and Consultant agree that sub - consultants may be used to complete the work
outlined in the Scope of Services. The sub - consultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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 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.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
20. 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 and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular 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 to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant 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
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shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. 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 any 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 immediate
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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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:
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Attn: Patricia Temple
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3200
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: JoAnn Hadfield
The Planning Center
1580 Metro Drive
Costa Mesa, CA 92626
Phone: (714) 966 -9220
Fax: (714) 966 -9221
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
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county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. 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.
29. 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 herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
33. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
33. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
an
Mayor
for the City of Newport Beach
CONSULTANT:
By:
The Planning Center
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C - Billing Rates
EXHIBIT "A"
SCOPE OF SERVICES
Project Understanding
The City of Newport Beach solicited proposals for a project EIR for the Hyatt Regency
Newport Beach expansion. The CEQA Guidelines identify a Project EIR as one which
examines the environmental impacts of a specific development project and focuses
primarily on the changes in the environment that would result from the development
project.
The project includes requests for a code amendment to revise the Coastal Height
Limitation Zone map boundaries so as to include the subject property in the 32/50
height zone rather than the 26/35 height zone, a Local Coastal Program Amendment to
revise the Coastal Height Limitation Zone map boundaries to exclude subject property,
an amendment to the existing Use Permit, a Use Permit to allow for structure height in
excess of 32/50 base height limit, a Coastal Development Permit, and a Development
Agreement for the timeshare units.
Scope of Work
The following tasks are proposed for the completion of the Environmental Impact
Report (EIR):
Task 1: initial Study /Notice of Preparation
Brief, written responses will be prepared for all items included on the City's standard
Initial Study checklist. Each response will explain the basis for the No Impact, Less
Than Significant Impact, Less Than Significant With Mitigation Incorporated, or
Potentially Significant Impact response. The Initial Study will clearly indicate why a
particular issue would not result in a significant impact and does not require further
evaluation, as well as identify those issues that require further analysis in an EIR to fully
determine the extent and significance of potential impacts and to identify mitigation
measures that could avoid or reduce such impacts to a level of less than significant.
Given the City's decision to prepare an EIR for the proposed project, it is assumed that
many of the checklist responses will consist of brief responses that explain the scope of
the analysis anticipated in the EIR. A limited number of topical areas, however, are
expected to be eliminated from further environmental review through documentation in
the Initial Study. At this time it is anticipated that the following topics may be sufficiently
addressed in the Initial Study and not require additional review: mineral resources,
agriculture, population and housing, recreation, schools, solid waste services, and
hazards and hazardous materials. A complete list of reference sources used to prepare
the Initial Study will be provided.
A Notice of Preparation (NOP) will be prepared, using the City's standard form. A copy
of the Initial Study will be attached to provide an immediate explanation of the
preliminary scope of issues to be included in the EIR. After City approval of the NOP,
The Planning Center will copy and distribute the NOP to the State Clearinghouse,
responsible and trustee agencies, and other interested parties as identified by the City.
A brief cover letter will be prepared to explain the purpose and content of the NOP and
to clearly identify the time period, contact person, and address established for
submitting responses.
Deliverables:
• Draft Initial Study /NOP (3 review copies plus digital copy)
• Final Initial Study /NOP (up to 50 copies and one reproducible original and digital
copy)
• Certified mailing of up to 50 copies of the Initial Study /NOP
Task 2: Public Scoping Meeting
The Planning Center will assist the City in organizing and conducting one public scoping
meeting to present the main characteristics of the proposal submitted by the applicant
and to solicit comments regarding the scope and content of the environmental issues to
be addressed in the EIR. Pre - meeting assistance will include scheduling the meeting,
preparing public notices and agendas for City staff review, and mailing and publishing
the final notices. It is assumed that the City will provide addresses of surrounding
property owners and residents selected to receive copies of the Scoping Meeting
notice. At the meeting, we will be prepared to discuss the environmental review process
and to answer specific questions, as desired by the City. If requested, we will also
prepare informational items to be distributed at the meeting, such as:
• Flowchart defining the entire environmental review process, highlighting
opportunities for public input;
• Selected reduced -sized copies of applicant's master plan exhibits and textual
summary of project characteristics; and
• Questionnaire designed to obtain
Deliverables
• Mailing of a maximum of 250 Public Scoping Meeting notices to public agencies,
interested parties, and surrounding residents
• Draft and Final Public Notice of Scoping Meeting
• Draft newspaper notice (to be published by the City)
• Attendance and participation in one Public Scoping Meeting
• Scoping meeting materials, including agenda
Task 3: Screencheck Draft EIR
The Planning Center will prepare a Screencheck Draft EIR to include the following
sections in accordance with the CEQA Guidelines:
A. General Information
Introduction
This section is intended as a convenience to the reader who is not familiar with CEQA
or the environmental review process. The purpose and standards of adequacy for an
EIR will be defined. A discussion the environmental review process for this project will
be presented. Characteristics of an EIR and the reasons for preparing an EIR for this
project will be described, and the intended use of this document as the master
environmental clearance for the proposed project.
Summary
This section will consist of a concise summary of the information presented in the main
body of the EIR. This will include (a) a brief project description; (b) a tabular summary of
findings regarding project and cumulative impacts, mitigation measures, and any
unavoidable, significant impacts; (c) a summary of discretionary approvals required for
the project; (d) a brief description of the alternatives considered, noting which one was
considered the environmentally superior alternative; and (e) areas of controversy and
issues to be resolved.
Project Description
The project applicant will be identified, along with a statement of project objectives.
Specific characteristics of the project will be defined, including both short-term
construction and demolition plans and long -term operation plans. Construction
information will include proposed equipment use, grading export estimates, scheduling,
and available plans for parking and traffic management. Detailed land use,
infrastructure, circulation plans, and available architectural information will be
documented and supported by illustration. The project description will also explain the
required entitlements and identify responsible agencies for the CEQA process,
including the California Coastal Commission.
Environmental Settinq
A general description of the regional and local setting will be provided to establish the
environmental and planning context within which this project occurs. In addition to
physical characteristics that comprise the environmental setting, relevant regional and
local planning programs will be discussed to establish whether this project is consistent
or inconsistent with applicable planning policies and programs. The property's location
relative to surrounding land uses, including the Back Bay, Newport Dunes, Fashion
Island, police and fire stations, and various residential uses will be described. The
proposed project will be reviewed relative to the General Plan update in progress and
unique local regulations with respect to traffic generation and proposed development
(City Charter Section 423, etc.). More detailed descriptions of existing conditions and
pertinent policies will be provided, where appropriate, as part of the discussions under
each of the specific impact topics in the main body of the EIR. Surrounding land uses
will be identified on a vicinity map. Based on information readily available from the City
of Newport Beach and County of Orange, development trends occurring in this general
area will be described, and any other major development projects planned or proposed
in the vicinity will be highlighted. Planned, pending, and approved /not built projects
throughout Newport Beach will be listed and total development by land use category will
be quantified. Other relevant projects such as infrastructure improvements or
community facilities which could have a direct effect upon this project or local growth
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trends, and which are planned to occur during the time frame of the proposed project,
will also be identified.
B. Discussion of Existing Conditions, Environmental Impacts, and Mitigation Measures
Each topical section of the document will: (a) describe existing environmental conditions
and pertinent regulatory policies and programs that apply to this project, (b) define the
criteria by which impacts will be determined to be significant, (c) determine the
environmental changes that would result from the project, (d) evaluate the significance
of those changes with respect to the impact significance criteria, (e) define mitigation
measures to reduce or avoid all potentially significant adverse impacts, and (f) provide a
conclusion as to whether significant impacts would remain, even after successful
implementation of recommended mitigation measures. A worst -case scenario approach
will be followed for all analyses included in the EIR.
The EIR will be clearly written and will avoid the use of technical jargon so that the
document is easily understood. If technical terms need to be introduced for accuracy,
they will be clearly defined. The analysis of issues will be thorough, yet concise.
Mitigation measures will be formulated that are practical and feasible and will relate
directly to the primary and secondary effects identified in the impact sections of the
document.
EIR scoping is yet to be completed, and the final determination of impacts to be
addressed in the EIR may change during that process. At this time, however, it is
anticipated that the following impacts can be addressed adequately within the Initial
Study to conclude less that significant impacts:
• Mineral Resources
• Agriculture
• Population and Housing
• Recreation
• Schools
• Solid Waste Services
• Hazards and Hazardous Materials
However, if the scoping process results in a more comprehensive EIR, we will adjust
our scope of work, schedule, and budget estimates accordingly. Analytical approaches
to each of the EIR topics are described in the following pages.
Aesthetics/Visual Impact
Potential impacts to existing views are likely to be a critical concern of some
surrounding property owners, particularly Harbor Cove residents situated to the
northeast of the project site. Potential view impacts to recreational users of the Back
Bay and Bayview Senior Housing residents may also be an issue. Project
implementation will intensify on -site land uses by removing open space (golf course),
introducing new structures (including a two -story parking structure), and increasing the
maximum height of structures on -site. Grading, landscaping, and lighting will be
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modified. The removal and relocation of existing palm trees will also represent a
noticeable change to the visual resources at the project site and may be controversial.
The project applicant will provide visual simulations of the proposed improvements, as
well as landscaping and lighting plans and photometric calculations. The Planning
Center will perform the following tasks to determine potential aesthetic impacts
associated with the project:
• Review and incorporate the view simulations to evaluate the portions of the
project that would be visible from sensitive surrounding viewing locations, and
the characteristics of the view sheds that would be affected by the proposed
expansion. (As appropriate, The Planning Center may request the preparation of
view simulations from additional locations).
• Discuss the results of the photometric calculations and lighting plans relative to
light and glare impacts on surrounding sensitive land uses.
• Document pertinent City of Newport Beach General Plan policies and
Development Code.
• Evaluate the proposed land use plan with regard to the existing topography and
the ability to support the land uses proposed.
• Review the proposed master design elements for aesthetic quality in relation to
existing and proposed uses and adjacent roadways.
• Discuss any potentially significant aesthetic impacts associated with project
implementation.
Air Quality
The Planning Center will prepare the air quality analysis for the project, and supporting
modeling information will be included in the Appendix of the EIR. The proposed activities
associated with project construction and increased vehicular traffic generated by future
tourist and conference facility use have the potential to generate fugitive dust, various
stationary source emissions, and mobile emissions. The following will be included in the
EIR:
• Description of the atmospheric environment setting based on data from the
South Coast Air Quality Management District (SCAQMD).
• Calculation of temporary construction activity emission using procedures
identified within the SCAQMD CEQA Air Quality Handbook (1993) and the
emissions inventory computer model URBEMIS2002.
• Calculation of regional vehicular emissions using the SCAQMD's emissions
inventory computer model URBEMIS2002.
• Evaluation of the potential for any microscale air pollution "hotspot" formation at
up to four project area intersections, using the California Department of
Transportation's CALINE4 line source dispersion model.
• Discussion of project consistency with the regional air quality management plan
in terms of land use planning consistency.
• Identification of any potentially applicable mitigation measures, including any
relevant transportation control measures incorporated into the South Coast Air
Basin portion of the California State Implementation Plan (SIP).
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• Discussion of the potential effects on local air quality of cumulative development
in the area.
Biological Resources
The Planning Center will conduct a third -party review of the biological assessment to be
prepared by Glenn Lukos Associates. The project site is completely developed, and on-
site biological resources are anticipated to be primarily non - native, ornamental
vegetation. Although a unique variety of palm trees are represented on the project site,
these trees do not represent a sensitive biological resource. Of particular concern will
be the project's potential indirect impacts to sensitive resources associated with the
Newport Bay and Ecological Reserve. Short-term construction activities and long -term
intensification of land uses could result in air quality, noise, and lighting impacts that
could adversely affect wildlife. Hydrological and water quality impacts could also result
in indirect impacts to biological resources. Based on our site visit, the northeast
boundary of the project site also abuts sensitive coastal sage scrub habitat.
The EIR will describe plant and vertebrate wildlife species observed based on the site
assessment/habitat survey, and floral and faunal lists. The site assessment will determine
the vegetation communities present on -site, the presence or absence of sensitive plant
and animal species, and related surrounding biological resources. Based on the proposed
land use plan, an analysis of project impacts to the biological resources identified on -site,
including the removal /relocation of trees, will be conducted. Indirect impacts (such as
lighting and noise) to sensitive biological resources adjacent to the project site, particularly
to the north, will also be analyzed.
Cultural Resources
Although the project site is completely developed, there is a possibility of discovery of
archaeological and /or paleontological resources upon excavation of the site for project
improvements. Cogstone Resource Management Inc. ( Cogstone) will prepare a cultural
resources study for the proposed project. A literature study will be conducted to determine
the existence of previously recorded cultural and paleontological resources within the
project boundaries plus a one -mile radius. In addition, a paleontology record search will
be requested from the Natural History Museum of Los Angeles County (staff must
perform the search). Records pertaining to archaeology and history will be searched at
the South Central Coastal Information Center at California State University, Fullerton. The
results of the cultural resources literature study report, record searches, the literature
review, and other research resources will be incorporated into the cultural resources
section of the EIR. An analysis of the project impacts will be conducted and management
recommendations and mitigation, if required, will be provided.
Geology and Soils
The Planning Center will conduct a third -party review of the geotechnical and soils report
to be prepared by Kleinfelder on behalf of the project applicant. Results of the study will
be incorporated into the EIR. Potential impacts related to geology and soils on -site and in
the project vicinity will be discussed in this section of the EIR based on information in that
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study. This section will define the existing geologic, soils, and groundwater characteristics
that occur on -site; identify regional seismic influences; and note and explain the
characteristics of any areas containing constraints to site development. Based on the
proposed land use plan and the site constraints previously identified, an analysis of
project impacts will be conducted. Mitigation measures known to be successful in
addressing the various geotechnical constraints affecting proposed expansion areas will
be defined.
Hazards and Hazardous Materials
The project site is developed and at this time no known historical use of the site is
expected to have resulted in residual hazardous wastes. The Planning Center's site
assessment team will conduct a records search and evaluate past and present site
activities and proposed construction and development activities to determine whether the
site currently contains materials that are hazardous to human health or the environment,
and whether the proposed uses of this site could result in such hazards. The results of
the assessment will be incorporated into the EIR, including a narrative discussion of the
presencelabsence and significance of hazardous waste risks, together with
recommendations for remediation measures, if needed. The potential hazards from
wildland fires that could occur in the native vegetation directly adjacent to the northern
portion of the site, which is proposed for development of the timeshare units, will also be
analyzed in the EIR.
Hydrology/Water Quality
Project development will alter existing drainage patterns and improvements that will affect
both on -site and off -site surface runoff. Potential hydrological and water quality impacts,
particularly to the sensitive Back Bay and coastal resources, will be an important issue to
be addressed in the EIR. On behalf of the applicant, Fuscoe Engineering is preparing the
drainage plan for the applicant. This proposal assumes that Fuscoe Engineering will
provide a hydrology study documenting existing and proposed drainage, detailing
proposed improvements, and quantifying before - and -after flows. It is also our
understanding the Fuscoe Engineering is also preparing a Water Quality Management
Plan. This EIR section will comprehensively address project - related stormwater and water
quality impacts based on the studies provided by Fuscoe Engineering. A thorough review
of regulatory requirements and phasing of proposed best management practices (BMP)
to ensure that runoff will not contain contaminants that will impact receiving waters will be
included.
Land Use and Planning
The proposed project is consistent with the existing General Plan and is anticipated to be
consistent with the General Plan update currently under preparation. Project
implementation, however, is subject to an amendment of the Coastal Height Limitation
Zone Boundary and existing Use Permit. Subsequent to City approval of the project and
certification of the EIR, the project will also require approval of an LCP amendment and
Coastal Development Permit through the California Coastal Commission. This section will
describe these entitlements and processes.
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An assessment of the project's consistency with the goals and policies of each element of
the General Plan will be provided. As appropriate, the EIR will also review potential
updates in the General Plan and whether the project will remain consistent with the
General Plan update if approved prior to approval of this project. Also key to this section
will be a compatibility analysis of proposed improvements with existing, surrounding land
uses. This assessment will include an overview of visual, noise, lighting, traffic, and air
quality impacts to conclude whether or not the project will be compatible. The Planning
Center will:
• Inventory all existing and planned land uses in the project area.
• Analyze recent development trends within the general area and assess the
consistency of the proposed development with both current development trends
as well as relevant local and regional land use planning programs.
• Provide a nexus between the project's environmental impacts in aggregate and
the environmental compatibility of the proposed project with surrounding uses.
• Propose mitigation measures to reduce potential conflicts between the proposed
development and the surrounding uses and future development to the maximum
extent feasible.
Noise
The proposed activities associated with the project implementation have the potential to
substantially increase noise levels near existing sensitive receptors, and may expose
future residents to adverse noise levels from adjacent major roadways. Noise modeling
and calculations will be included in the appendices of the EIR. The following tasks will be
included to assess noise:
• Perform limited on -site ambient noise monitoring at up to four locations, as
needed, to develop a baseline noise characterization and to provide input data to
prepare a site - specific calibration of the FHWA Traffic Noise Prediction Model
(FHWA -77 -108).
• Develop a baseline noise exposure profile in terms of the CNEL noise metric,
using the FHWA Model with the latest California vehicle noise curves
(CALVENO).
• Prepare a construction noise analysis to determine if potential significant noise
impacts would occur at the nearest noise - sensitive uses.
• Prepare a vibration assessment to determine whether construction or operational
phase activities attributable to the project would result in levels of vibration that
would exceed the thresholds established by the Federal Transit Administration.
• Prepare a no- project versus with - project mobile noise impact comparison.
Identify specific sensitive receiver locations where mobile source noise impacts
may adversely affect City of Newport residents.
• Relate project noise impacts to the Noise element noise /land use compatibility
guidelines in the City of Newport General Plan Noise Element and other
applicable noise exposure regulations.
• Determine noise increases due to cumulative traffic growth from existing
conditions to future conditions with project - related traffic.
• Develop a noise impact mitigation plan for any predicted noise impacts that
exceed target noise exposure limits.
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Public Services
The City of Newport Beach is a full- service City providing its own police, fire, emergency,
water, and sewer services. The City's providers will be contacted to identify existing
facilities that would be affected by the project, existing service levels and capacities
available to serve the proposed land uses, and intensity of proposed development. The
demand placed on these services and utilities will be identified on the basis of standard
planning factors provided by each agency or from the City's General Plan, and the ability
of the agencies to accommodate this growth will be assessed. The need for additional
public facilities or personnel to serve the proposed project and maintain adequate levels
of service will be determined in consultation with the agencies. Measures to avoid or
reduce the significance of project - related public service impacts will be developed and
included in the EIR. The public services to be addressed will include:
• Fire and Emergency Services
• Police Protection
• Water and Sewer Services
Traffic and Circulation
The traffic generated by the project is anticipated to exceed the threshold for requiring a
traffic impact analysis (TIA) as per the requirements of the City of Newport Beach. The
proposed scope of work is prepared in accordance with the procedures and
methodologies of the City of Newport Beach. As part of the Traffic Impact Analysis, the
following operating scenarios for the Hyatt Regency Newport expansion will be
evaluated:
• Existing Condition (with applied growth factors to bring counts to 2006)
• Existing + Growth + Approved Projects Conditions (TPO analysis)
• Existing + Growth + Approved Projects + Project Conditions (TPO analysis)
• Existing + Growth + Approved Projects + Cumulative Project Conditions (CEQA
Analysis)
• Existing + Growth + Approved Projects + Cumulative Projects + Project Conditions
(CEQA Analysis)
Project Definition
The Project Definition task is the initial phase of the traffic impact analysis. This task is
conducted to quantify the proposed project, calculate the trip generation, and develop
the trip distribution assumptions. The project study area will be determined based on
the City of Newport Beach guidelines.
IBI will estimate trip generation, trip distribution and assignment of project traffic for
weekday AM and PM peak hours. A detailed description of the land use will be
tabulated for the purposes of project trip generation. Questions have been identified
about the potential automobile traffic generated by the proposed ballroom expansion,
and if NBTAM and ITE trip generation rates accurately reflect the trips likely to be
generated by this facility. IBI Group will work with the City to establish an acceptable trip
generation rate for this use. This work effort will include a survey of 5 -7 surrounding
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hotels in Orange County to determine the ratio between the number of hotel rooms in
each facility and the size of the ballroom /conference facilities. The objective of this
survey will be to determine if the proposed ballroom facility at the Hyatt Regency is
proportional to the size of the hotel as whole when compared to similar nearby hotels.
The end result of this task will be the identification of a reasonable and supportable trip
generation rate for the project taking into consideration the size of the proposed
ballroom.
If necessary, traffic counts and trip generation studies can be completed at one or two
comparable hotel locations. The attached budget includes these counts and studies as
an optional task in this scope of work.
Task 1 will include an initial scoping meeting with City of Newport Beach staff to verify
the project study intersections, trip generation, trip distribution, and finalize the scope of
the traffic study.
Existing Conditions
IBI will evaluate existing traffic and circulation conditions within the study area which
includes the following components: 1) intersection operating conditions and traffic
counts for typical weekday AM and PM peak hour conditions, 2) descriptions of
geometric roadway conditions within the study area, and 3) access to the proposed site.
For the purposes of this scope, IBI Group has assumed that 10 intersections will be
included in the project study area. It is our understanding that the City of Newport
Beach will provide existing traffic counts for the 8 Primary Signalized Intersections
identified below. Traffic counts for the AM and PM peak periods will be conducted at
study intersections where counts are not currently available. The project budget
assumes the need collect counts at 2 intersections (Jamboree Road at Back Bay Drive
and Jamboree Road at Hyatt Newport Entrance /Island Lagoon). If the total number of
intersections varies significantly, modifications to the proposed study budget may be
required. The proposed study intersections are identified below:
• Coast Highway and Dover Drive
• Coast Highway and Bayside Drive
• Coast Highway and Jamboree Road
• Coast Highway and Newport Center Drive
• Coast Highway and Avocado Avenue
• Coast Highway and MacArthur Boulevard
• Jamboree Road and San Joaquin Hills Road
• Jamboree Road and Santa Barbara Road
• Jamboree Road and Hyatt Regency Newport Entrance /Island Lagoon
• Jamboree Road and Back Bay Drive
IBI will field review identified intersections to determine existing geometric conditions
including number and type of lanes, existing traffic control devices, sidewalk locations,
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and driveway locations. Existing intersection operating conditions (in terms of
volume /capacity ratios and level of service) will be quantified using the Intersection
Capacity Utilization (ICU) method of intersection analysis consistent with the City of
Newport Beach traffic impact analysis requirements. We will submit our traffic counts,
fieldwork results and other initial data early in the process for City review to help assure
a smooth approval process. IBI will use a state -of -the art traffic analysis software tool
named Traffix to analyze existing traffic operations and to assign cumulative and project
related traffic volumes to the roadway network.
Future Traffic Conditions — Traffic Phasing Ordinance Analysis
In accordance with the City's Traffic Phasing Ordinance, IBI will analyze the following
traffic conditions for one year after project opening year:
• Existing + Growth + Approved Projects Conditions
• Existing + Growth + Approved Projects + Project Conditions
Project opening year traffic conditions with approved projects anticipated to be
complete one year after the proposed project will be determined using trips from the
identified approved projects plus an ambient traffic growth rate. Based on discussions
with City staff, it is understood that the City will provide IBI with future automobile trips
generated by the approved projects as well as the assignment of these trips at the
study intersections.
Opening year with project conditions will also be analyzed. Trip distribution patterns for
project generated trips will be determined in coordination with City of Newport Beach
staff. Intersections which are forecast to experience an increase in level of service due
to the project and cumulative project - related traffic will be highlighted. Traffic impacts
associated with access or egress to and from the project site will also be analyzed.
Graphics and tables will be used to illustrate the above mentioned project opening year
scenarios. Traffic impacts associated with access or egress to and from the project site
will also be analyzed.
For those intersections which have identified impacts, IBI Group will identify mitigation
measures to meet the adopted intersection performance standards for the governing
agency for the intersection. Impacts will be identified using the methodology consistent
with the Traffic Phasing Ordinance. IBI Group will identify conceptual planning
alternatives to mitigate identified significant impacts. Improvements may include
signalization, signal coordination additional or if necessary, additional geometric
features at the intersections in the form of additional left and right turns and through
lanes. Documentation and diagrams illustrating the revised geometry (through and turn
lanes), forecast peak hour turning volumes, and revised LOS calculation for each
intersection will be provided along with conceptual cost estimates for the proposed
improvements. If right -of -way costs are necessary for the conceptual designs, IBI Group
will work with the City of Newport Beach to determine representative values. If
necessary, IBI Group can utilize a specialized right -of -way sub - consultant to prepare a
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conceptual right -of -way cost. The work effort of the specialized ROW sub - consultant
would be completed on a time and materials basis over and above the cost provided in
the budget.
Future Traffic Conditions — CEQA Analysis
IBI will forecast the following future traffic conditions for this task
• Existing + Growth + Approved Projects + Cumulative Project Conditions
• Existing + Growth + Approved Projects + Cumulative Projects + Project Conditions
Future traffic conditions with cumulative developments will be determined using trips
from the identified cumulative projects plus the approved projects and ambient traffic
growth rate applied in Task 3. It is understood that the City of Newport Beach will
provide the trip generation rates for the cumulative projects and that IBI Group will be
responsible for assigning these trips to the project study intersections. Significant traffic
impacts forecast to be caused by the project and cumulative project - related traffic will
be highlighted. Using the applicable City of Newport Beach guidelines, IBI will identify
the intersections with significant impacts. This task includes an analysis of vehicular
access or egress to and from the project site. Internal site circulation will also be
reviewed to ensure that the internal circulation system provides adequate access to the
proposed parking facilities.
For those intersections which have identified impacts, IBI Group will identify mitigation
measures to meet the adopted intersection performance standards for the governing
agency for the intersection. Impacts will be identified using the methodology consistent
with the Traffic Phasing Ordinance. IBI Group will identify conceptual planning
alternatives to mitigate identified significant impacts. Improvements may include
signalization, signal coordination additional or if necessary, additional geometric
features at the intersections in the form of additional left and right turns and through
lanes. Documentation and diagrams illustrating the revised geometry (through and turn
lanes), forecast peak hour turning volumes, and revised LOS calculation for each
intersection will be provided along with conceptual cost estimates for the proposed
improvements. If right -of -way costs are necessary for the conceptual designs, IBI Group
will work with the City of Newport Beach to determine representative values. If
necessary, IBI Group can utilize a specialized right -of -way sub - consultant to prepare a
conceptual right -of -way cost. The work effort of the specialized ROW sub - consultant
would be completed on a time and materials basis over and above the cost provided in
the budget.
Review of Applicant Parking Study
This task involves the review of a parking study currently being prepared by the project
applicant's consultant. IBI Group will peer review the parking study and comment on the
methodology, conclusions, and recommendations of the study as appropriate, based on
City of Newport Beach parking standards and guidelines contained in national parking
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publications, including Parking Generation Manual (3rd Edition) published by ITE and
Shared Parking (2nd Edition) published by ULI. The analysis completed for this task will
include a review of the proposed parking layout and on -site vehicle circulation. The
proposed improvements at the hotel will result in changes to existing on -site vehicle
circulation and parking access points. IBI Group will review the distribution of parking on
the site and verify that the proposed layout and distribution will be adequate to serve
the proposed uses. The layout for the proposed on -site parking garage and vehicle
queuing for the garage access points will also be reviewed for adequacy based on peak
parking demand. Comments will be summarized in the traffic study report.
Utilities and Service Systems
It is anticipated that project - related impacts to electricity, natural gas, cable, and
telephone services will be less than significant and can be eliminated from further
review in the Initial Study. This section will focus on the City's existing infrastructure and
capability to provide water and sewer service to the proposed expansion. Any proposed
improvements will be identified. Measures to avoid or reduce the significance of project -
related utility impacts will be developed and included in the EIR.
C. Alternatives to the Proposed Project
In compliance with Section 15126(d) of the CEQA Guidelines, alternatives to the
proposed project will be defined and analyzed. The Planning Center will consult with City
staff for assistance in defining the alternatives to be analyzed in the EIR. Alternatives will
be selected on the basis of their ability to: (1) avoid or reduce one or more of the project's
significant impacts; and (2) feasibly attain most of the basic objectives of the project. The
rationale for selecting each alternative will be explained, along with the principal features
and environmental effects of each one. If any alternatives were considered during the
project scoping process but rejected, reasons for rejecting those alternatives will be
provided.
Analyses of up to three alternatives, including the "No Project," will be conducted. The
EIR is also likely to evaluate an alternative site plan that does not require an amendment
to modify the existing height limitation and therefore would not require an LCP
amendment. Other modifications may be considered to minimize or eliminate any adverse
visual impacts of the proposed project. Based on the results of the traffic analysis, a land
use or circulation alternative may also be defined and evaluated.
Alternatives are included in the cost estimate for the EIR. Impacts associated with each
alternative will be compared to proposed project impacts, for each of the environmental
impact categories included in the preceding sections of the EIR. The environmentally
superior alternative will be identified; if it is the No- Project/No Development Alternative,
then one of the development alternatives will be identified as environmentally superior to
the others.
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D. CEQA- Mandated Sections
In addition to the topical issues discussed above, the following sections will be prepared
as mandated by CEQA:
1) Environmental effects found not to be significant during the Initial Study
Scoping process.
2) Adverse environmental impacts which cannot be avoided if the project is
implemented. This section will summarize those adverse project impacts that
cannot be mitigated to a level of less than significant.
3) Cumulative Impacts. A discussion of cumulative impacts will be presented for
each of the impact topics evaluated at length in the preceding sections of the
EIR. These discussions will be concise, quantified where appropriate, and will
evaluate cumulative impacts within an appropriate context for each issue.
4) Any irreversible environmental changes which will occur if the proposed
project is implemented.
5) Growth Inducing Impacts. This discussion will identify ways in which the
project could foster population or employment growth in this area, either
directly or indirectly.
Deliverables:
Screencheck Draft EIR (five review copies, one digital copy)
Task 4: Draft EIR
A. Screencheck Review /Revision
It is presumed that all City comments concerning the Screencheck EIR will be transmitted
in writing to The Planning Center at the same time. As appropriate, The Planning Center's
Project Manager will meet with City staff to discuss and resolve any major areas of
concern or to clarify areas of misunderstanding, etc. Follow -up with City departments or
other agencies will be conducted as necessary to respond to City staff comments. Upon
acceptance of the document as a Draft EIR, The Planning Center will reproduce and
distribute the Draft EIR to the State Clearinghouse, responsible and trustee agencies, as
other special interest groups and individuals identified on a distribution list to be
developed in consultation with the City. The Planning Center will prepare the Notice of
Completion (NOC) for City approval and signature and will transmit the NOC with all
copies of the Draft EIR.
B. Draft EIR Distribution and Noticing
The Planning Center will be responsible for the distribution and noticing of the Draft EIR,
including the preparation of the Notice of Availability and the certified mailing of the Draft
EIR. This scope assumes that the City will place the newspaper publication of the Notice
of Availability.
Deliverables:
Preliminary Draft EIR eight copies and one reproducible original and digital copy)
30
• Draft EIR
65 hard copies of the Draft EIR including technical appendices volume(s), one
reproducible original and digital copy);
• 15 copies of the Executive Summary plus digital copy to the State
Clearinghouse;
• Certified mailing of up to 65 copies of the Draft EIR (hard copies and CDs)
Preparation of Notice & Availability
Task 5: Final EIR /Responses to Comments
The Final EIR will be prepared in accordance with CEQA and will contain the City's
required elements, as follows:
A. Response to Comments
Following receipt of all comments on the Draft EIR, written responses will be prepared for
each comment. A list of persons, organizations, and agencies commenting on the Draft
EIR will be provided. A Response to Comments section will be created for the Final EIR,
which will contain an introduction describing the public review process concerning the
Draft EIR, copies of all comment letters received and minutes from public meetings where
oral comments were taken, plus written responses to all comments. Responses will focus
on comments which address the adequacy of the Draft EIR. Other comments which do
not address EIR adequacy will be noted as such and no further response will be provided,
unless deemed necessary by the City. Responses will be prepared by The Planning
Center, with input from our technical specialists, as needed.
A not -to- exceed budget for responses to comments has been established to cover efforts
by any member of the consulting team needed. If an unexpectedly large volume of
comments is received, or if certain comments result in the need for substantial additional
responses, or new research or analysis, the initial budget may not be sufficient. Should
this situation become apparent, we will discuss this concern with the City before the
responses budget is consumed and determine an appropriate course of action. As
required by CEQA, responses to agency comments will be provided to those agencies, a
minimum of 10 days prior to consideration of the Final EIR by the City Council.
B. Revisions to the Draft EIR
The Final EIR will also incorporate any necessary revisions to the Draft EIR including any
necessary clarifications /additions and /or corrections in response to issues raised in
comments to the Draft EIR.
Deliverables:
• Final EIR (20 copies and one original and digital copy)
Task 6: Mitigation Monitoring Program
A Mitigation Monitoring Program (MMP) will be prepared, pursuant to Section 21081.6
of the Public Resources Code. It will be presented in standard City format, and will
identify the significant impacts that would result from the project, proposed mitigation
measures for each impact, the times at which the measures will need to be conducted,
the entity responsible for implementing the mitigation measure, and the City department
or other agency responsible for monitoring the mitigation effort and ensuring its
success. A draft MMP can be prepared for consideration by the Planning Commission,
if desired, so that any comments they may have concerning the MMP can be
incorporated into the Final EIR that is prepared for City Council certification.
Task 7: Findings of Fact and Statement of Overriding Considerations
Section 15091 of the CEQA Guidelines requires that no public agency approve or carry
out a project for which an EIR has been completed and identifies one or more significant
effects, unless the public agency prepares findings for each significant effect. If required,
The Planning Center will prepare draft findings and facts in support of findings describing
each of the significant impacts identified by the EIR and the determination as to whether
those impacts would be reduced to below a level of significance by proposed mitigation
measures. These facts and findings will be incorporated into the resolution to be prepared
by City staff. Additionally, Section 15093 requires that when an agency approves a project
which will have significant adverse environmental effects that are unavoidable, the
agency must make a statement of its views on the ultimate balancing of the merits of
approving the project despite the environmental damage. The Planning Center will
prepare the Statement of Overriding Considerations for any unavoidable significant
impacts that may be identified by the Final EIR.
Task 8: Public Hearings /Meetings
The Planning Center will coordinate closely with City staff to ensure that the EIR and
associated documents delivered to the City are legally defensible and accurate and will
serve as useful tools for decision makers when considering the approval of the project.
Our scope of work assumes attendance by our project manager at the meetings and
public hearings listed below. Additional meeting attendance by The Planning Center or
attendance by other members of the consultant team will be billed on a time -and-
materials basis in accordance with the hourly rates for the personnel involved.
Deliverables:
• Staff coordination meetings (five)
• Public Hearings (up to four)
(Scoping Meeting is listed under Task 2)
Task 9: Notice of Determination
Within five days of EIR certification, The Planning Center will file an NOD with the State
Clearinghouse and County Clerk.
Deliverables:
• Notice of Determination
Task 10: Project Management and Coordination
As the lead consultant, The Planning Center will direct and manage all sub - consultants
included on the project team, and will act as the primary contact with the City of Newport
Beach. Our responsibilities will include: (1) task scheduling and assignment, management
�7.
of resources, monitoring of costs, and schedule adherence; (2) management and
coordination of sub - consultants, including contract administration and accounting;
(3) consultation and coordination with local and state agencies relative to
the environmental document and the environmental review process; (4) coordination and
communications with the City's project team to ensure that City policies, procedures, and
any applicable codes are complied with and, where applicable, are incorporated into the
EIR; (5) ensuring that the environmental review process and the EIR satisfy the statutes
and guidelines of CEQA and the City of Newport Beach CEQA Procedures; and (6)
representing the Consultant team in public meetings and project progress meetings as
requested by the City.
.3�;
HYATT REGENCY NEWPORT BEACH
ENVIRONMENTAL IMPACT REPORT SCHEDULE
TASK
Receipt of Technical Report from City /Applicant
Preparation of Initial Study /NOP
Review & Revise Initial Study /NOP
Circulation of Initial Study /NOP (30 -days)
Scoping Meeting
Completion of technical studies
Preparation of Screencheck Draft EIR
Submittal of Screencheck Draft EIR
City Review of Screencheck Draft EIR
Revisions to Screencheck Draft EIR
Circulation of Draft EIR (45 -day public review)
Preparation of Final EIR, Mitigation Monitoring
Program, and Facts, Findings and
Statement of Overriding Considerations
Submittal of Final EIR documents
City Review of Final EIR documents
Revisions to Final EIR documents
Review of Final EIR
Public Hearings and Certification of EIR
DATE
3/30/06
3/30/06 — 4/13/06
4/14/06 — 4/20/06
4/21/06 — 5/22/06
5/4/06
5/16/06
4/26/06 — 6/30/06
6/30/06
6/30/06 — 7/21/06
7/24/06 — 7/31/06
8/4/06 — 9/18/06
9/11/06 — 9/25/06
9/25/06
9/25/06 — 10/09/06
10/10/06 — 10/16/06
10/16/06
10/26/06 —11/21/06
3y
EXHIBIT "B"
SCHEDULE OF COMPENSATION
Task
Cost
THE PLANNING CENTER LABOR COSTS
Task 1. Initial Stud /Notice of Preparation
$ 4,250
Task 2. Public Scoping Meeting
2,640
Task 3. Screencheck Draft EIR
46,020
Task 4. Draft EIR
6,450
Task 5. Final EIR/Response to Comments
9,200
Task 6. Mitigation Monitoring Program
750
Task 7. Statement of Facts & Findings, Statement of
Overriding Considerations
1,400
Task 8. Hearings/Meetings
3,960
Task 9. Notice of Determination
200
Task 10. Project Management and Coordination
8,660
Labor Subtotal
$ 83,530
SUB- CONSULTANTS
IBI Group Traffic & Circulation
$ 26,010
Co stone Resource Management Inc. Cultural Resources
3,609
Sub - consultants Subtotal
$ 29,619
TOTAL LABOR
$113,149
REIMBURSABLE EXPENSES
Reimbursable Expenses2 Expenses
$ 22,416
GRAND TOTAL
$135,565
The budget for the Final EIR is an estimate only, based on
approximately 68 hours for the preparation of the Response to
Comments. The estimated budget assumes that no additional basic
research will be required to respond to comments, that the comments will
be directed at the substance and technical adequacy of the EIR, and that
the comments will be compiled by the City and transmitted in writing to the
consultant. Modification to the scope of work, budget, and time frame may
be necessary if comments received from agencies or the general public
require substantially increasing the scope of impacts and issues that the
EIR has addressed.
Reimbursable costs are an estimate based on the detailed Table 2.
These costs will be billed at actual cost plus 12.5 percent. These direct
costs are conservative because they assume that hard copies of both the
EIR and the technical appendices will be forwarded to the City's mailing
list. If the City determines to forward exclusively electronic copies, or hard
copies of only the EIR with electronic copies of the appendices, this cost
will be substantially reduced.
�2
EXHIBIT "C"
BILLING RATES (HOURLY)
THE PLANNING CENTER
2006 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION
HOURLY BILLING RATE
Principal
$200 -250
Director
150 -200
Senior Planner/Scientist/Designer II
125 -150
Senior Planner /ScientisUDesigner 1
100 -125
Associate Planner/Scientist/Designer II
85 -100
Associate Plan ner /ScientisUDesigner 1
80 -85
Assistant Planner/Scientist/Designer II
70 -80
Assistant Planner/Scientist/Designer 1
60 -70
GIS /CAD Operator 11
80 -95
GIS /CAD Operator 1
65 -80
Graphic Artist 11
75 -110
Graphic Artist 1
55 -75
Planning Tech /Intern
50 -60
Technical Editor
80
Word Processing
60
Clerical
55
Third -Party CEQA Review
200
Expert Witness
2 X Normal Hourly Rate
Reimbursable Costs (12.5% marku
Mileage ($0.485 per mile)
$100
IS /NOP — 50 copies at $30 + 1 digital
1,500
SCEIR — 5 copies at $130 + 1 digital
650
Preliminary DEIR — 3 copies at $130 + 1 original + 4 digital
390
DEIR — 65 copies (EIR & Appendices) at $200 + 2 original + 6 digital
13,000
DEIR — 25 CDS to SCH (15) and stage agencies (10) at $10
250
Responses to Comments — 24 copies at $20 +2 original
720
Mitigation Monitoring Program — 7 copies at $20 + 4 digital
140
Findings of Fact/SOC — 24 copies at $20 + 2 original + 6 digital
480
FEIR — 20 copies at $50 + 6 digital
1,000
Scoping Meeting Notices (max 250) + meeting handouts (max 60)
250
Misc. copying
200
Photographs
150
Postage — IS /NOP 50 copies mailed (certified)
250
Postage — SCEIR and Preliminary DEIR (overnight)
20
Postage — DEIR 65 copies (EIR & Appendices) (certified)
650
Postage — 25 CDs to SCH (overnight) and state agencies (certified)
125
County filing fees
50
36
IBI Group
2006 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION
Principal
Project Manager
Technical Staff
HOURLY BILLING RATE
$185
125
75
Cogstone Resources Management Inc.
2006 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE
Registered Prof. Archaeologist/Qualified Paleontologist $80
Supervision 65
Archaeologist/Paleontologist 48
Clerical 40
2 7