HomeMy WebLinkAboutC-3046 - Consultant Agreement for Newport Pavilion Environmental Impact ReportCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3005
TO: PURCHASING /FINANCE DEPARTMENT
FROM: CITY CLERK
DATE: May 11, 1995
SUBJECT: Contract No. C -3046
Description of Contract Consultant Agreement for Newport
Pavilion EIR
Effective date of Contract May 8, 1995
Authorized by Minute Action, approved on May 8, 1995
Contract with Environmental Perspectives
Address 600 N. Tustin Avenue
Santa Ana. CA 92705
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
J
• TO:
FROM:
City 4ncil Meeting May 8. 1995
Agenda Item No.
CITY OF NEWPORT BEACH
Mayor and Members of the City Council
Planning Department
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
M. -AY P 1995 i
OVEl-
SUBJECT: Professional Services Aueement for Preparation of an Environmental Impact
Report for the Newport Pavilion Project C - 3 C �(/'
SUGGESTED ACTION
If desired, authorize the City Manager and the City Clerk to execute a Professional Services
Agreement on behalf of the City with Environmental Perspectives to assist the Planning Department in
preparing an Environmental Impact Report for the Newport Pavilion project for a fee not to exceed
$53,750.00 plus reimbursable expenses, which would be paid by the applicant.
BACKGROUND
• The Irvine Company has submitted a request that the Planning Department begin the environmental
review process for the proposed development of a retail center located at the northwest comer of West
Coast Highway and MacArthur Boulevard. This site is currently designated for the future relocation of
the Newport Harbor Art Museum. The project to be considered would require amendments to the
General Plan and Newport Village Planned Community District Regulations, approval of a Traffic
Phasing Ordinance study, and approval of a use pemut to allow the development of a retail commercial
center with approximately 100,000 square feet of floor area.
Procedures for implementation of the California Environmental Quality Act, including environmental
consultant selection, are contained in Council Policy K -3. A qualifications -based selection procedure is
followed, with a consultant selected by the Environmental Affairs Committee (composed of the
Planning Director, Public Works Director and City Attorney) from the City's approved consultant list
based on the special expertise and capabilities required for the particular project. Following selection,
the consultant is invited to submit a proposal including a scope of work and budget. After reviewing
the proposal, any necessary modifications to the proposal are negotiated and a draft professional
services agreement is prepared by the Environmental Coordinator and the Environmental Affairs
Committee. The draft agreement is then submitted to the City Attorney and the City Council for
approval. In the event that two or more consultants are deemed equally qualified, more than one
• proposal may be solicited and an agreement is negotiated with the best qualified consultant based on
the Committee's review of the proposals. Consultant fees for privately - initiated projects are paid
entirely by the project applicant.
For the Newport Pavilion project, proposals were solicited from three well- qualified firms: Culbertson,
Adams and Associates, Environmental Perspectives, and Michael Brandman and Associates. Following
staffs review of the proposals, Environmental Perspectives was selected on the basis of the firm's
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experience With similar issues and the high level of understanding of project issues demonstrated in the
proposal. The draft agreement has been approved as to form by the City Attomey and is •
recommended for approval by the Environmental Affairs Committee.
Very truly yours,
PLANNING DEPARTMENT
JAMES D. HEWI ' R, Director
By:
Jo Dou AICP
Environment rdinator
Attachment
Draft Agreement
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CONSULTANT AGREEMENT
Newport Pavilion EIR
THIS AGREEMENT, entered into this 8'day of Al li l 1995, by and between CITY
OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and
Environmental Perspectives, whose address 600 N. Tustin Avenue, Santa Ana, CA 92705 (hereinafter
referred to as "Consultant "), is made with reference to the following:
RECJTALS
A City is a Municipal Corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being conducted under the
statutes of the State of California and the Charter of the City.
B. The principal member of Consultant firm who is responsible for the project described in
this Agreement is Keeton K. Kreitzer.
C. City desires to engage Consultant to prepare an Environmental Impact Report and
related documents, as further described in the Scope of Work (Exhibit "A ") attached hereto, according
to the terms and conditions contained in this Agreement.
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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 date executed and shall proceed to
completion of the project, unless terminated earlier as set forth herein, or as extended as set forth in
Section 8, below.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated
herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement in the
amount and manner set forth in the Project Budget at the hourly rates indicated (Exhibit "B ") attached
hereto and incorporated herein by this reference.. Payment to Consultant shall not exceed the Project
Budget unless extra compensation is authorized in writing pursuant to Section 19, below.
4. STANDARD OF CARE
All of the work 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
accepted 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
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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.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an employee
of the City. The manner and means of conducting the work are under the control of Consultant,
except to the extent they are limited by statute, Wile or regulation and the express terms of this
Agreement. No civil service status or other right of employment with City will be acquired by virtue of
Consultant's services. None of the benefits provided by City to its employees, including, but not limited
to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from
City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes,
FICA payments, PERS payments or other purposes normally associated with an employer- employee
relationship from any fees due Consultant. Payments of the above items, if required, are the
responsibility of Consultant.
6. COOPERATION
Consultant agrees to work closely and cooperate fiilly 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
The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of
the project. This Project Manager shall be available to the City at all times. The Consultant has
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designated Keeton Kreitzer to be its Project Manager. The Consultant shall not replace the Project
Manager with another person during the course of the project without the written consent of the City.
8. TIME OF PERFORMANCE
The tasks to be performed by Consultant under and pursuant to this Agreement shall
commence upon execution of this Agreement and, unless terminated earlier as provided in Section 32
below, shall proceed in a timely fashion until project completion according to a schedule to be mutually
agreed upon by City and Consultant (Exhibit "C "). For purposes of this Agreement, project
completion shall mean certification of the Final Ea If the EIR is not certified, project completion
shall mean either project denial or withdrawal of the application by the project proponent.
Assuming receipt of the technical studies and completion of the scoping/consultation process, a
time period of eight weeks (56 calendar days) is anticipated for completion of a screencheck document
for review by the City. Revisions to that document will be accomplished in a timely manner.
Responses to written comments received during the Draft EIR review period will be prepared and
submitted to the City within two weeks of the end of such review period, unless technical work outside
the scope of this Agreement is required. A key consideration in the schedule is the timely receipt by the
Consultant of the materials listed in Exhibit "D" attached hereto.
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.
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10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and federal
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 agrees to 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,
suits, costs and expenses for damages of any negligent and material nature whatsoever, including, but
not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs
arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the
performance of services or work conducted or performed pursuant to this Agreement.
Consultant shall indemnify and hold harmless City, its City Council, boards and commissions,
officers and employees from and against any and all loss, damages, liability, claims, suits, costs and
expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons,
firms or corporations firmishing or supplying work, services, materials, equipment or supplies arising
from or in any manner connected to the performance of services or work conducted or performed
pursuant to this Agreement.
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Newport Pavilion EIR
13. INSURANCE
Without limiting consultant's indemnification of City, 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 the City. Such policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to
exercising any right or performing any work pursuant to this Agreement. All insurance policies shall
add as insured the City, it selected officials, officers and employees for all liability arising from
Consultant's services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to city
certificates of insurance from an insurance company certified to do business in the State of California,
with original endorsements, and copies of policies, if requested by City, of the following insurance,
with Best's Class B or better carriers:
of California;
A. Worker's compensation insurance as may be required by the laws of the State
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;
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C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for
bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided
or canceled by either parry, or reduced in coverage or in limits 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 interest in
this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of
City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment,
hypothecation or transfer.
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The sale, assignment, transfer or other disposition of any of the issued and outstanding capital
stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in
changing the control of Consultant, shall be construed as an assignment of this Agreement. Control
means fifty percent (50%) or more of the voting power, or twenty -five percent (25 %) or more of the
assets of the corporation, partnership or joint venture.
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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, upon payment of all outstanding sums owed to the Consultant
under this Agreement. At the discretion of the Consultant, the final report may be withheld until all
outstanding sums due pursuant to this Agreement are in arrears more than 30 days.
No report, information or other data given to or prepared or assembled by Consultant pursuant
to this Agreement shall be made available to any individual or organization by Consultant without prior
approval by City.
Consultant shall, at such time and in such forms as City may require, flu-nish 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 the City.
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17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant maps, existing studies, ordinances, data and other existing
information as shall be requested by Consultant and materials in City's possession necessary for
Consultant to complete the work contemplated by this Agreement. City further agrees to 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. The Environmental
Coordinator or his/her designees shall be considered the Project Administrator and shall have the
authority act for the City under this Agreement. The Project Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the services to be rendered pursuant
to this Agreement.
19. EXTRA WORK
Consultant shall receive compensation only for such extra work as is authorized in writing in
advance by the Project Administrator. If major changes to the project description or the circumstances
surrounding the project require additional analysis beyond that described in the Scope of Work, the
Consultant shall be entitled to request an amendment to this Agreement. Major changes include, but
may not be limited to, the following:
1. Major changes in the project which require revisions of printed documentation
beyond those covered by the scope of work.
2. Substantial delays in the schedule beyond the parameters set forth in this
Agreement.
3. Meetings or hearings beyond those specified in the Scope of Work.
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4. Public comment of an exceptionally large volume.
5. Additional work by sub - consultants needed to respond to public comments or
to attend meetings or public hearings beyond those specified in the Scope of
Work.
Any additional work and compensation shall be as specified in an amendment to this
Agreement, and Consultant shall not be entitled to compensation for any extra work performed
without prior authorization by the Project Administrator.
20. RECORDS
Consultant shall keep records and invoices in connection with its 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 during normal business hours to examine, audit and make transcripts or copies of
such records. 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.
21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
Reimbursable expenses shall be itemized in detail in each invoice and shall be allocated by task as
described in Exhibit "A".
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's
fees contained in Exhibit "B" hereof. Each invoice will be itemized by task according to Exhibit "B ",
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and shall show the number of hours worked per person/consultant and the nature of the work
performed. Each invoice shall also contain a budget summary for each task area and shall provide the
following:
1) The total amount budgeted for the task;
2) The amount previously invoiced for the task;
3) The amount of this invoice for the task;
4) The estimated percentage of the total work for this task that has been
completed; and
5) The authorized budget amount remaining for the task.
23. PAYMENT OF COMPENSATION
City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice
unless City disputes the amount Consultant claims is owed under this Agreement, and provides written
documentation stating the reason for any amount in dispute within the same 30 -day period.
24. 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 its work for a period of thirty (30) days from
the date of withholding 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. The determination of
the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive
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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.
25. TEN PERCENT (10%) WITHHOLDING
City may withhold an amount equivalent to ten percent (10%) of the total compensation
provided herein, to be released to Consultant upon final adoption of the study by the Mayor and City
Council. The City reserves the right to refuse to pay all billings requesting amounts in excess of ninety
percent (90%) of the total compensation provided herein until the project is completed and adopted as
specified above.
26. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding
companies do not and will not discriminate against any subcontractor, consultant, employee or
applicable for employment because of race, religion, color, sex, handicap or national origin. Such
nondiscrimination shall include, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff; termination, rates of pay or other
forms of compensation and selection for training, including apprenticeship.
27. CITYS RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
28. CONFLICTS OF INTEREST
A. 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 foreseeable be materially affected by the work performed under this
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Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest.
B. 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 the
City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting
from the Consultant's violation of this Section.
29. SUBCONTRACTING
Consultant shall not subcontract any portion of the work required by this Agreement,
except as expressly identified in Exhibit A without prior written approval of the Project Administrator.
Consultant shall be responsible to pay all subcontractors in accordance with Exhibit B. Payment to
subcontractors shall not exceed the amounts specified in Exhibit B without prior written approval of
the Project Administrator.
30. 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 second business
day after the deposit thereof in the United States mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
at:
All notices, demands, requests or approvals from Consultant to City shall be addressed to City
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Attention: John Douglas, Environmental Coordinator
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All notices, demands, requests or approvals from City to Consultant shall be addressed to
Consultant at:
Keeton Kreitzer
Environmental Perspectives
PO Box 868
Santa Ana, CA 92701
31. TERNffNATION
In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the
time and in the manner required hereunder, Consultant shall be deemed in default in the performance of
this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2)
days are reasonably required to cure the default and Consultant fails to give adequate assurance of due
performance within two (2) days after receipt by Consultant from City of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, City may terminate
the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion, of terminating this Agreement without cause by
giving seven (7) days prior written notice to Consultant as provided herein. Upon termination of this
Agreement, each party shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
32. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by reason for an
alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from
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the losing party all costs and expenses in such amount as the court may adjudge to be reasonable
attorneys' fees.
33. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations
enacted or issued by City.
34. WAIVER
A waiver by City 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.
35. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
ATTEST:
Attachments
CITY OF NEWPORT BEACH
A Municipal Corporation
By: �
I in I
City Mang
CONSULTANT
By:
Keeton K. Kreitzer
Environmental Perspectives
Exhibit "A ": Scope of Work
Exhibit "B ": Budget and Fee Schedule
Exhibit "C ": Project Schedule
Exhibit "D ": Responsibility of the City and/or Project Applicant
F:\ WINDOWS \PLANNINGUGHN- D\NPT- PAV\EIR \CON -AGMT.
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EXHIBIT A
NEWPORT PAVILION SITE DRAFT EIR
SCOPE OF WORK
A. WORK PROGRAM
As indicated, a comprehensive work program, comprised of several discrete steps, has been
developed to ensure that the environmental review process is carried out in accordance with the
California Environmental Quality Act and the City of Newport Beach adopted CEQA
procedures. The major objectives envisioned by Environmental Perspectives to complete the
work identified by the City of Newport Beach include: (1) the provision of competent, effective
project management; (2) preparation of the environmental documentation (i.e., Draft EIR); (3)
processing of the environmental documentation and public participation; and (4) preparation of
the Final EIR, Findings, and Mitigation Monitoring Program. These several objectives will be
achieved through the completion of several work tasks. Each of these work tasks has been
identified and described below.
Task One - Project Management
Environmental Perspectives will be responsible for managing and coordinating all of the work
to be undertaken to prepare the required environmental document. Project coordination will be
an integral part of the planning process. As such, Environmental Perspectives proposes to have
a Project Initiation Meeting as the first step in that process, followed by a minimum of two
subsequent meetings to coordinate the preparation of the Draft document. The estimated budget
for this task can accommodate up to two (2) additional meetings (for a total of five) with City
staff, the project applicant, consultants and /or other agencies. The purpose of these meetings
is to ensure that the work described herein is proceeding in a satisfactory manner and to provide
the City with a clear indication of the progress made on the environmental document.
The initial meeting will be held at the first available time after the contract has been awarded
and executed by both parties. Participants in the meeting will include representatives of the City
of Newport Beach, the City's consultants, Environmental Perspectives, the Irvine Company, and
other technical consultants (if determined necessary). Topics of discussion will include project
start-up, responsibilities, sub - consultant studies, and the project schedule. At the conclusion of
this meeting, the date for the second meeting will be determined. The final of the three
meetings should be conducted just prior to the completion of the Screencheck Draft EIR.
In addition to these joint meetings with City staff, it may also be necessary to conduct additional
meetings with the project team consultants. As previously indicated, two (2) additional meetings
would be conducted. These meetings will occur as necessary during the work program to ensure
coordination of work efforts underway by Environmental Perspectives, the City of Newport
Beach, applicant and technical consultants.
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In summary, this task will include the following sub - tasks:
► Consultation and coordination of the proposed project and environmental
document with the City of Newport Beach to ensure that City policy is
incorporated into the Draft environmental document(s);
► Ensure that the environmental documents meet the requirements of CEQA, CEQA
Guidelines, and the City of Newport Beach CEQA procedures;
I. Coordination of several meetings as indicated above;
► Coordination with City staff, other consultants and the applicant regarding
scheduling, data requirements and analysis methodology; and
I. Contract administration.
Task Two - Public Meetings
Environmental Perspectives will attend three (3) public meetings, including: (1) a scoping
meeting for the proposed project which is intended to solicit public comments on the scope of
the Draft EIR; (2) attendance (and necessary technical support) at one hearing before the
Newport Beach Planning Commission; and (3) attendance (and necessary technical support) at
one hearing before the Newport Beach City Council. The Principal /Project Manager will attend
all of these hearings and be responsible for making all presentations and responding to questions
raised during the public hearings. Should the City require attendance of the consultant at either
public hearings or community meetings beyond those stipulated above, they will be charged at
the appropriate hourly rate.
Task Three - Initial Study /Notice of Preparation (NOP)
Environmental Perspectives will be responsible for the preparation of the Initial Study. This
analysis will identify the issues to be analyzed in the Draft EIR. The results of the Initial Study
will determine not only the issues to be analyzed in the Draft EIR but also the nature and extent
of the analysis to be undertaken. It should be emphasized that in addition to identifying the
issues which will be the subject of the Draft EIR, one of the objectives of conducting the Initial
Study will be to eliminate those issues from further analysis by providing the appropriate
documentation which supports a conclusion that no potentially significant impacts will occur.
Only those issues for which such a determination cannot be made will be the focus of the
environmental analysis contained in the Draft EIR.
Once completed, the Initial Study will be submitted to the City for review and comment.
Environmental Perspectives will revise the Initial Study based on the comments made by City
staff and its consultant(s). Environmental Perspectives will also prepare the Notice of
Preparation. The NOP, along with the Initial Study, will be distributed via certified mail to all
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responsible agencies as well as other public agencies, organizations, groups, and /or individuals
identified by the City which have an interest in the project.
Task Four (Optional) - Sub - Consultant Studies
Task Four is proposed as an optional task. Although acoustical and air quality analyses were
undertaken for a previous project which encompassed the site, it is possible that supplemental
analyses may be required based on the intensification of the land use proposed for the subject
property. To that end, Environmental Perspectives has identified a technical specialist who
would be responsible for preparing detailed technical documentation to revise the previous air
quality and noise studies to reflect the more intense site development and specifically address
the concerns of the nearby Harbor View Hills residents. The firm of Mestre Greve Associates
(MGA) would conduct an acoustical and /or air quality assessment to support the findings
contained in the Draft EIR if it is determined through the Initial Study that such detailed analyses
are necessary. In addition, the RFP identified the possible need to undertake a fiscal impact
analysis which, if determined necessary, would analyze the costs and revenues associated with
site development. Douglas Ford & Associates (DFA) would prepare the fiscal impact analysis,
consistent with the City's prescribed fiscal model, which will be incorporated into the Draft EIR.
Environmental Perspectives has worked with and has professional relationships with each of the
technical sub - consultants identified. The scopes of work for each of these optional analyses are
presented below.
Acoustical Analysis
The firm of Mestre Greve Associates will conduct a noise assessment for Planning Area
5 of the Newport Village Planned Community. The scope of work for the noise
assessment is presented below.
The FHWA highway noise model ( "FHWA Highway Traffic Noise Prediction Model ",
FHWA -RD -77 -108) will be used to describe existing noise levels in the project vicinity.
Existing noise measurements will be made in the area near the proposed project site.
Community standards relevant to the proposed project will be summarized and their
relevance to the project discussed.
The potential noise impacts can be divided into short-term construction noise, on -site
compatibility, and impacts on surrounding land uses. In order to document construction
noise impacts, the types of construction equipment that would be used for the proposed
construction would be identified in general terms as well as the potential noise levels
generated. Areas of potential impact will be identified and measures to mitigate such
construction - related impacts (e.g., limiting hours of construction) will be identified. The
potential operational impacts associated with the project's traffic will be assessed in terms
of CNEL noise scale. The increase in noise levels due to the project will be determined.
Areas that will experience a significant noise increase will be identified. For the project
scenario, the absolute noise levels experienced in these areas will then be determined,
and the resulting land use /noise compatibility discussed.
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Traffic noise levels within the project will be assessed for compatibility with the
proposed land uses. Noise levels within the project site will be determined. The noise
levels will then be compared to noise /land use compatibility guidelines contained in the
City of Newport Beach Noise Element, and those developed by the California
Department of Health.
For significant noise impacts identified for any sensitive noise receptors, noise mitigation
measures will be developed. Mitigation strategies will be identified for the control of
noise levels on the project site. Measures will be developed as necessary to mitigate off -
site noise impacts.
Air Quality Analysis
Mestre Greve Associates will also undertake an air quality analysis, the scope of which
is presented below.
The intersection of MacArthur Boulevard and Pacific Coast Highway is a very busy
intersection and, therefore, is important from a local air quality perspective. This
intersection and one other intersection (to be determined upon review of the traffic study)
will be assessed using the CALINE4 model. The existing air environment will be
described in terms of meteorology, local topography affecting pollutant dispersion, and
ambient air monitoring data. A summary of current air management efforts which may
be related to the proposed project will be provided with particular emphasis on the 1991
AQMP, and the requirements for air quality assessments identified in the SCAQMD's
CEQA Handbook. Sensitive receptor areas within the project vicinity will be identified.
The CALINE4 model, developed by the California Department of Transportation, will
be used to assess the local air quality. While the air quality data collected by the
SCAQMD is valuable in identifying concentrations experienced in the general area, the
CALINE4 Model is used to determine the pollutant pattern at key locations which the
project or alternatives may affect. Two key intersections will be addressed. The results
will be used as a baseline for future case projections.
Like noise impacts, air quality impacts are divided into short-term (i.e, local,
construction- related dust generation) and long -term (i.e., regional operational) air
pollution increases. Short-term dust and emission generation due to construction
activities will be forecasted. Measures to reduce dust generation are required by the
SCAQMD. Additionally, measures are contained in the 1991 AQMP for control of
construction activity emissions, and these also will be included in the list of mitigation
measures. The CALINE4 Model will be used to assess the pollutant concentrations at
the same two locations utilized for the baseline study. The local air quality analysis
assesses the resulting air pollutant levels that will result in the residential areas or other
sensitive areas directly adjacent to affected roadways and intersections. The increase or
decrease in concentrations due to the project will be highlighted. In addition, the
concentrations projected will be compared to State and federal air quality standards to
determine the significance of the potential impacts. Long -term emissions will be
generated due to increased traffic, the combustion of natural gas, and the generation of
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electricity. The emissions generated by these sources will be assessed for the project and
compared to regional emissions as an indicator of potential regional air quality impacts.
Consistency with the AQMP is an additional approach that will be used to evaluate the
potential for regional impacts. The jobs /housing ratio for the project will be contrasted
with the jobs /housing forecasts and preferred ratios that are contained in the Air Quality
Management Plan. A detailed discussion of the consistency of the project with the
AQMP will be included.
Measures will be developed to reduce significant air quality impacts to acceptable levels.
The SCAQMD's list of mitigation measures will be reviewed, and all reasonable
measures identified. Reasons for rejecting a measure will be detailed.
In addition to the acoustical and air quality analyses which may be prepared, one additional
optional study is also proposed which would be conducted at the discretion of the City of
Newport Beach. If determined necessary, a Fiscal Impact Analysis will be prepared by the firm
of Douglas Ford & Associates. The scope of that study is presented below.
Fiscal Impact Analysis
The scope of this work provides for development of a computer -based spreadsheet model of the
public agency (i.e., City of Newport Beach and other applicable jurisdictions) fiscal cost and
revenue parameters applicable to the proposed project. The revenue and cost factors applicable
to the GPA, as well as the current General Plan land use designation for the site, will be
examined both for one -time and on -going (i.e., long -term) impacts.
The net annual fiscal impacts of the project will be projected and analyzed by the model and the
analysis will be carried over a 30 -year time horizon. The resultant projections will allow the
full impact of the project over time to be documented. The fiscal analysis will include the
following elements.
► Assembly of Existing Fiscal Data Applicable to the Project
The FY 94/95 City Operating Budget will be used to develop the primary fiscal
parameters for the project. The budgetary data will be supplemented by conducting on-
site interviews with appropriate City staff and by review of the City's existing Fiscal
Impact Model. Data from industry and municipal data bases, along with proprietary data
developed by DFA will be incorporated into the fiscal impact analysis where appropriate.
► Development of the Computer -Based Fiscal Impact Model
The fiscal parameters developed from budgetary analysis will be used to develop a
computer -based 30 -year cash flow model. The model will include on -going costs and
revenues, along with all one -time costs and revenues (i.e., fees, charges, inspection and
one -time processing costs associated with development).
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The fiscal impact analysis format will allow direct input of results into the City's existing
Fiscal Impact Model, to enable comparative analysis. Parameters and assumptions used
in the fiscal impact analysis will be compared to the City's model parameters. Where
alternative assumptions are used, these differences and their supporting basis will be
discussed and documented.
P. Examination of General Plan Amendment and Project Alternatives
The computer -based fiscal analysis model allows identification of the specific impacts
related to the proposed GPA and its comparison to the existing land use designation
under the General Plan. Additionally, the model will provide the impact results for the
land use profiles which may be identified as alternatives to the proposed project analyzed
in the Draft EIR.
► Provision of Final Report
The fiscal impact analysis will be provided in a Final Report, along with supporting
analysis and documentation.
Task Five - Preparation of the Screencheck Draft EIR
As previously indicated, the Initial Study has not been completed and the issues which will be
the subject of the Draft EIR have not been identified. However, a tentative list of issues has
been identified by Environmental Perspectives for the purpose of establishing the scope of the
Draft EIR. A table of contents is presented below which identifies a full range of environmental
issues. Although the table of contents outlines a comprehensive list of issues, it must be
understood, that through either the Initial Study and /or scoping meeting comments, it is possible
one or more of these issues may be eliminated or additional issues may be identified which must
be addressed, necessitating a change in the scope of the Draft EIR as tentatively identified
below. In that event, it will also be necessary to revise the budget, particularly if additional
technical analysis is required.
Draft EIR
Newport Pavilion Site
Newport Beach, CA
1.0 INTRODUCTION AND SUMMARY
2.0 PROJECT DESCRIPTION
3.0 ENVIRONMENTAL SETTING
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4.0 ENVIRONMENTAL ANALYSIS
4.1
Land Use and Related Planning
4.2
Transportation and Circulation
4.3
Noise
4.4
Air Quality
4.5
Soils and Geology
4.6
Hydrology
4.7
Biological Resources
4.8
Cultural /Scientific Resources
4.9
Aesthetics
4.10
Public Services and Facilities
4.10.1
Water Supply and Quality
4.10.2
Sewer Facilities and Service
4.10.3
Storm Drain Facilities
4.10.4
Police Protection
4.10.5
Fire Protection
4.10.6
Solid Waste Facilities
5.0 CUMULATIVE IMPACTS
6.0 IMPACTS FOUND NOT TO BE SIGNIFICANT
7.0 UNAVOIDABLE ADVERSE IMPACTS
8.0 ALTERNATIVES TO THE PROPOSED PROJECT
0
9.0 THE RELATIONSHIP BETWEEN LOCAL SHORT -TERM USES OF MAN'S
ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-
TERM PRODUCTIVITY
10.0 IRREVERSIBLE AND IRRETRIEVABLE ENVIRONMENTAL CHANGES WHICH
WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE
IMPLEMENTED
11.0 GROWTH- INDUCING IMPACTS
12.0 CERTIFICATION STATEMENT OF THE ENVIRONMENTAL CONSULTANT
14.0 PERSONS AND ORGANIZATIONS CONSULTED
15.0 BIBLIOGRAPHY
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16.0 APPENDIX
A. Initial Study /Notice of Preparation
B. Traffic Analysis
C. Acoustical Analysis
D. Air Quality Analysis
The nature and extent of the analysis proposed for each of the elements of the Draft EIR
identified below are presented in the following discussion.
Introduction and Summary
This introductory section will identify the purpose and scope of the Draft EIR, the contents of
the document, the authority by which it has been required, and its intended uses. Finally, an
executive summary of the potential impacts, mitigation measures, and unavoidable environmental
consequences will be presented in a matrix format. This section will also include a brief
description of each alternative, a list of potential areas of controversy, and issues to be resolved
as required by the CEQA guidelines.
Project Description
A complete description of the project, including project location, project parameters, phasing
(as currently proposed or anticipated), and all actions necessary to implement the proposed
project will be presented in this section. The description will include a narrative component and
statistical tables (if appropriate) to adequately describe the nature, scope, and intensity of the
project. This section will also include a brief presentation of background information necessary
to provide a context for the applications.
Environmental Setting
A short discussion of the overall environmental setting for the proposed project will be provided
in this section. This is intended to better convey the City -wide and regional context for the
project aspects which might not be readily apparent in the focused discussions in the following
section of the Draft EIR.
Environmental Analysis
The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions
on the subject property and in the environs and to identify the potential impacts or consequences
that may result from implementation of the Proposed Project. Several issues are analyzed in this
EIR. In order to facilitate the analysis of each issue, a standard format will be employed to
analyze each issue thoroughly. This format is presented below with a brief discussion of the
information included within each topic.
M.
► Existing Environmental Setting
This introductory section describes the existing environmental conditions related to each
issue analyzed in the EIR. In accordance with Section 15125 of the State CEQA
Guidelines, both the local and regional settings are discussed as they exist prior to
implementation of the proposed project.
► Sipnificance Criteria
Specific criteria will be identified upon which the significance of project - related potential
impacts are determined. The significance criteria which are the basis of the
environmental analysis contained in the EIR will be derived from the significant effects
presented in Appendix G of the State CEQA Guidelines; adopted local (i.e., City of
Newport Beach), state and federal policies and programs which may apply; and other
commonly accepted technical and non - technical standards.
► Analysis of the Proposed Project
The environmental analysis for each issue which has been determined to be the subject
of the Draft EIR is contained in this section of the document. The extent of the analysis
and documentation for each issue will be identified in the Initial Study. In some cases,
the discussion will be a summary of a technical study prepared by one of the City's
consultants or, if determined necessary, by a technical specialist identified in this
proposal. The air quality, noise, aesthetic, and traffic discussions will be based on
original research conducted by both the City's consultants and those identified in this
proposal to undertake specific technical analysis. In each case, the technical report will
be condensed to present the existing environmental conditions, provide an assessment of
the potential project - related impacts, and identify /recommend appropriate mitigative
techniques to ensure that the environmental consequences are eliminated or reduced to
a level of insignificance, if feasible. All project - related impacts, including those
associated with all phases of the Proposed Project, will be clearly and adequately
analyzed in accordance with Section 15126 of the State CEQA Guidelines. It should he
noted that any previous land use studies and other technical documentation prepared
by /for the City of Newport Beach and /or the Irvine Company will be utilized to the
extent it is applicable to the proposed project. In order to facilitate the impact analysis,
the following outline has been utilized.
Potential Effects of Project Found to be Insignificant
Short - Term /Construction Impacts
Long- Term /Operational Impacts
Potential Effects of Project Found to be Significant
Short- Term/Construction Impacts
Long- Term/Operational Impacts
ME
► Mitigation Measures
Where a potential significant environmental effect cannot be avoided or reduced to an
insignificant level, mitigation measures will be identified and included in this section of
the document which "... minimize significant adverse impacts ... for each significant
environmental effect identified in the EIR", as prescribed in Section 15126 of the State
CEQA Guidelines.
► Unavoidable Significant Adverse Impacts
Unavoidable significant adverse impacts are those effects which either cannot be
mitigated or they remain significant even after mitigation. These significant effects will
be identified in this section of the EIR. Prior to approval of the Proposed Project, the
Newport Beach City Council will be required to adopt a Statement of Overriding
Considerations which identifies and describes the public benefit(s) associated with project
implementation which offset the significant impacts.
Additionally, Section 15125(b) of the CEQA Guidelines requires a discussion of "any
inconsistencies between the proposed project and applicable general plans and regional
plans. " This discussion will occur within Section 4.1 (Land Use and Related Planning).
Cumulative Impacts
This section of the Draft EIR will focus on other projects which are proposed or approved in
the project environs which would create demands on servicing agencies and affect the ability of
those agencies to continue to provide an adequate level of service. In addition to the projects
identified by the City of Newport Beach, other surrounding municipal jurisdictions will be
contacted to identify any projects which have been proposed or are approved in the vicinity of
the proposed project. These other projects will be evaluated with the proposed project to
determine cumulative impacts. This section of the Draft EIR will provide a discussion of these
cumulative projects and their potential impacts on the several issues analyzed in Chapter 4 of
the document.
Impacts Found Not To Be Significant
This section will document the findings presented in the Initial Study which conclude that
implementation of the proposed project will not result in significant environmental impacts. The
analysis contained in this section will be supported by both technical analysis and other
documentation provided by the City. Environmental Perspectives will incorporate the findings
of any technical studies which have been prepared by /for the City and /or the Irvine Company,
including such studies which address soils and geology, cultural resources, demographics,
biological resources, and Phase I site assessments. Any studies such as those identified above,
if available, will be used to support the finding of no significant impacts in the Draft EIR.
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Unavoidable Adverse Impacts
This section of the document will include a comprehensive listing of the potential unavoidable
adverse impacts which are anticipated from project implementation. In addition, cumulative
impacts which are unavoidable will also be identified and listed.
Alternatives to the Proposed Project
Several alternatives will be analyzed in the Draft EIR, including at least one alternative site.
In addition, the "No Project" and "No Development" alternatives will also be included and
analyzed. In effect, the No Project alternative analysis will assess the potential impacts of
implementing the existing General Plan/Zoning approved for the subject property; the No
Development alternative will assess the effects of not undertaking any development (i.e., open
space). The remaining alternatives analyzed in the document will be determined through
consultation with City staff.
The Relationship Between Local Short-Term Uses of Man's Environment and the
Maintenance and Enhancement of Long -Term Productivity
This section of the document will compare the conversion of the property to a retail
commercial /restaurant development to effects associated with the current use of the site and to
those associated with the Newport Beach Library expansion, previously proposed for the subject
property and its ultimate long -term productivity.
Irreversible and Irretrievable Environmental Changes Which Would Be Involved in the
Proposed Action Should It be Implemented
Those impacts which cannot be avoided even with the implementation of mitigative techniques
will be identified and summarized from the discussions contained in Chapter 4.
Growth- Inducing Impacts
The manner in which the project could foster economic and /or population growth, either directly
or indirectly, in the surrounding area will be thoroughly discussed. The characteristics of the
project which may encourage and facilitate other activities that could significantly affect the
environment, either individually or cumulatively, will also be discussed.
Task Six - Preparation of the Draft EIR
All comments on the information and analysis contained in the Screencheck Draft EIR made by
City staff during their review will be forwarded to Environmental Perspectives for incorporation
into the Draft EIR. It is anticipated that the City's review will be completed within a two -week
period. This task encompasses two (2) reviews by City staff and associated revisions by
Environmental Perspectives. Upon submittal of the Pre -Draft EIR, the City will review the
document to ensure that the information contained within it is adequate and complete before the
Draft EIR is printed and distributed. Should additional reviews be required by the City, a
/:Wil
supplemental budget will be developed to accommodate additional revisions which are beyond
the scope of work presented herein. Environmental Perspectives will also prepare and distribute
the Notice of Completion (NOC), both for the State Clearinghouse and the local NOC used by
the City of Newport Beach to distribute the Draft EIR to public agencies and interested
organizations (refer to Section III).
Task Seven - Final EIR and Findings
At the end of the State- mandated 45 -day public review period, all comments received by the City
from local, State and other responsible agencies and interested parties will be forwarded to
Environmental Perspectives. Each comment will be addressed as it relates to the adequacy of
the Draft EIR. An addendum will be prepared which includes a listing of each agency /person
commenting on the Draft EIR, the correspondence received from the commentor, and the
responses prepared for each comment.
Environmental Perspectives will prepare the required Findings of Fact, Mitigation Monitoring
Program, and Statement of Overriding Considerations (if necessary) for the proposed project.
These documents will be presented to the City of Newport Beach City Council for adoption at
such time as the EIR is certified and prior to approval of the proposed project. The Findings
of Fact will provide each of three elements required by law (i.e., the finding, evidence to
support the finding, and the nexus between the finding and the facts in the record). The
Mitigation Monitoring Program will identify each mitigation measure to be carried out if the
project is implemented, the entity who will he responsible for implementing the mitigation
measures, and when it will be implemented (i.e., timing). In addition, the Statement of
Overriding Considerations, if determined necessary, will be prepared which identifies specific
public benefits to be derived from project implementation should one or more of the potential
significant impacts not be reduced to a less than significant level.
This task also includes the following tasks which are identified in Section III:
► Distribution of the Responses to Public Comments
► Preparation of the De Minimus Impact Finding
► Preparation of the Notice of Determination
Task Eight - Project Support/Planning
As requested in the City's Request for Proposal, Environmental Perspectives will provide
planning support to the staff in preparing the revised Planned Community District Regulations
for the Newport Village PC. This work task will encompass reviewing the existing PC District
Regulations and developing new development standards and regulations based on the change in
land use proposed for the subject property. The revised PC text will address the following
topics which are currently contained in the Newport Village PC for Area 5:
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► Statistical Analysis
► General Notes
► Development Standards
The text revisions and development standards will consider the adjacent land uses and their
development standards to ensure that the proposed project is compatible with such uses,
particularly as the development relates to building heights, setbacks, parking, landscaping, and
other critical land use regulatory standards.
B. PERSONNEL
Project Manager
Keeton K. Kreitzer is the Owner /Principal of Environmental Perspectives. He has over 20
years of experience in preparing environmental studies pursuant to the California Environmental
Quality Act and National Environmental Policy Act for both public and private sector clients.
Mr. Kreitzer will act as Project Manager /Principal -in- Charge. Mr. Kreitzer is the firm's Project
Manager for all projects and represents Environmental Perspectives at all meetings and public
hearings. He has contributed to the preparation of or written over 100 EIRs and /or EISs. In
addition, Mr. Kreitzer serves as a special consultant to several public agencies, providing them
with additional CEQA and NEPA expertise. As Project Manager for the Newport Pavilion
project, he will be responsible for ensuring that all of the environmental analysis is conducted
in accordance with both the State CEQA Guidelines and the City's adopted CEQA Ordinance.
As an environmental consultant, Mr. Kreitzer most recently served in a Project Manager role
for the County of Orange during the preparation of the Draft and Revised Draft EIRs for the
Bolsa Chica project proposed by the Koll Real Estate Group for a nearly 1,700 -acre property.
This complex project encompassed a myriad of significant technical issues associated with the
development of over 3,000 dwelling units and the implementation of a major Wetlands
Restoration Program for a sensitive wetlands habitat in unincorporated Orange County. In his
capacity as Project Manager, he directed the work efforts of the County's EIR consultant, the
applicant, and other local and State agencies involved in the environmental review process. He
also managed document review on behalf of the County's Environmental Planning Division. The
EIR was certified by the Orange County Board of Supervisors in December 1994.
Contact Persons: Mr. Thomas B. Mathews, Director of Planning
Orange County EMA
834 -4643
Mr. Ron Tippets, Project Manager
Orange County EMA /Project Planning Division
(714) 834 -5394
Mr. Ed Mountford, Vice President
Koll Real Estate Group
(714) 379 -6488
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Another major project for which Mr. Kreitzer acted as Project Manager for the preparation of
an Environmental Impact Report was the La Mirada Hills project in the City of La Mirada.
This residential development was proposed on a portion of an inactive oil field in the Coyote
Hills. As such, several significant issues were addressed in the Draft EIR for the City of La
Mirada. For this major project in La Mirada, Mr. Kreitzer was directly responsible for
implementing the CEQA process, which encompassed the preparation of the Initial Study /Notice
of Preparation, preparing the Draft and Final EIRs (including the Mitigation Monitoring
Program, Findings and Statement of Overriding Considerations), coordination with technical
consultants, and liaison with City staff and the project applicant, Pacific Coast Homes.
Contact Persons: Mr. Gerald R. Winterburn, Planning Director
City of La Mirada
(310) 943 -0131
Mr. Don Means, Project Manager
Pacific Coast Homes
(714) 721 -9777
If Environmental Perspectives is selected to prepare the Draft EIR for the proposed Newport
Pavilion site, Mr. Kreitzer would dedicate approximately 30 percent of the total hours estimated
to complete the proposed project. This includes Project Management as well as preparation of
critical sections of the Draft and Final EIRs. This effort is anticipated to be adequate to ensure
that the project is carried out to the satisfaction of both the City of Newport Beach and applicant.
However, should the City determine that additional commitment by the Project Manager be
necessary, a reallocation of staff resources will be made to satisfy the City's desires for
increased management efforts and, in particular direct Project Manager involvement.
Project Staff
Michael T. DeVore is an Environmental Planner with Environmental Perspectives. He holds
both undergraduate and graduate degrees in Geography and Environmental Studies, respectively,
from California State University, Fullerton. Since joining Environmental Perspectives in 1991,
Mr. DeVore has undertaken a significant role in the preparation of environmental analyses. He
possesses specialized expertise in visual analysis, the physical environment, Geographic
Information Systems (GIS), and various computer applications. Mr. DeVore will support Mr.
Kreitzer as an Environmental Analyst with the firm.
Larry N. Lawrence, AICP, is an Associate of the firm. Mr. Lawrence holds a Master's degree
in City Planning and is a member of the American Planning Association and the American
Institute of Certified Planners. With over 20 years of experience in municipal planning, Mr.
Lawrence has prepared zoning codes, planned community ordinances, general plan elements,
sign and subdivision codes, hillside protection ordinances, specific plans, open space acquisition
programs, and annexation studies.
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Glenn T. Matsui is also an Associate of the firm. A licensed landscape architect in the State
of California, Mr. Matsui specializes in graphics presentations, landform impact analysis, land
use planning and graphic support. Mr. Matsui, a graduate of California State Polytechnic
University (Pomona), has been an Associate of the firm since 1984.
Resumes of each of these individuals which describe their education and professional experience
have been included with this proposal in Exhibit A. Fred Greve, Principal with Mestre Greve
Associates will act in the capacity of Project Manager for that firm and will be responsible for
the preparation of the acoustical and air quality analyses, if determined necessary. Doug Ford,
Principal with Douglas Ford & Associates will serve as Project Manager during the preparation
of the fiscal impact analysis.
C. ESTIMATED MANPOWER ALLOCATION
Environmental Perspectives will allocate staff resources as necessary to undertake and complete
the environmental analysis described in accordance with the scope of work and schedule
stipulated in this proposal. The manpower allocations deemed necessary to complete the Draft
and Final EIR documents as well as the revisions to the Planned Community District Regulations
have been established. Table 1 reflects the task -by -task breakdown of personnel and hours.
Table 1
Task -by -Task Manpower Allocation
to Prepare the Draft EIR for
Newport Pavilion Site
Staff Member
Task One - Project Management
Principal /Project Manager
Task Two - Public Meetings
Principal /Project Manager
Task Three - Initial Study /Notice of Preparation
Principal /Project Manager
Environmental Planner
Research
Graphics
Word Processing
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Estimated Hours
40 Hours
12 Hours
8 Hours
20 Hours
12 Hours
8 Hours
8 Hours
Table 1
(Continued)
Task -by -Task Manpower Allocation
to Prepare the Draft EIR for
Newport Pavilion Site
Staff Member
Task Four (Optional) - Sub - Consultant Studies
Estimated Hours
Air Quality Acoustical Analyses (Mestre Greve Associates)
Fiscal Impact Analysis (Douglas Ford & Associates)
Task Five - Screencheck EIR
Principal /Project Manager
80 Hours
Associate /Senior Planner
40 Hours
Environmental Planner
120 Hours
Research
40 Hours
Graphics
40 Hours
Word Processing
40 Hours
Task Six - Draft EIR
Principal /Project Manager 20 Hours
Environmental Planner 40 Hours
Word Processing 20 Hours
Task Seven - Final EIR
Principal /Project Manager 40 Hours
Associate /Senior Planner 20 Hours
Environmental Planner 40 Hours
Word Processing 40 Hours
Task Eight - Project Support/Planning
Principal /Project Manager 12 Hours
Associate /Senior Planner 40 Hours
Graphics 8 Hours
Word Processing 8 Hours
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r
EXHIBIT B
0
NEWPORT PAVILION SITE DRAFT' EIR
PROJECT BUDGET AND FEE SCHEDULE
Staff Member
Task One - Project Management
Principal /Project Manager
Sub -Total Task One
Task Two - Public Meetings
Principal /Project Manager
Sub -Total Task Two
Estimated Hours Billing Rate Estimated Budget
40 Hours $90.00 /Hour $ 3,600.00
40 Hours $90.00 /Hour $ 3,600.00
12 Hours $90.00 /Hour $ 1,080.00
12 Hours $ 1,080.00
Task Three - Initial Study /Notice of Preparation
Principal /Project Manager
8 Hours
$90.00 /Hour
$ 720.00
Environmental Planner
20 Hours
$50.00 /Hour
1,000.00
Research
12 Hours
$40.00 /Hour
480.00
Graphics
8 Hours
$35.00 /Hour
280.00
Word Processing
8 Hours
$30.00 /Hour
240.00
Word Processing
Sub -Total Task Three
56 Hours
1.200.00
$ 2,720.00
Task Four (Optional) - Sub - Consultant Studies
Acoustical and Air Quality Analyses (Mestre Greve Associates) $ 4,500.00
Fiscal Impact Analysis (Douglas Ford & Associates) 6,250.
Sub -Total Optional Task Four $ 10,750.00
Task Five - Screencheck EIR
Principal /Project Manager
80 Hours
$90.00 /Hour
$ 7,200.00
Associate /Senior Planner
40 Hours
$60.00 /Hour
2,400.00
Environmental Planner
120 Hours
$50.00 /Hour
6,000.00
Research
40 Hours
$40.00 /Hour
1,600.00
Graphics
40 Hours
$35.00 /Hour
1,400.00
Word Processing
40 Hours
$30.00 /Hour
1.200.00
Sub -Total Task Five
360 Hours
$ 19,800.00
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Project Budget and Fee Schedule
(Continued)
Staff Member Estimated Hours Billing Rate Estimated Budget
Task Six - Draft EHt
Principal /Project Manager
20 Hours
$90.00 /Hour $ 1,800.00
Environmental Planner
40 Hours
$50.00 /Hour 2,000.00
Word Processing
20 Hours
$30.00 /Hour 600.00
Sub -Total Task Six
80 Hours
$ 4,400.00
Task Seven - Final EH2
Principal /Project Manager
40 Hours
$90.00 /Hour
$ 3,600.00
Associate /Senior Planner
20 Hours
$60.00 /Hour
1,200.00
Environmental Planner
40 Hours
$50.00 /Hour
2,000.00
Word Processing
20 Hours
$30.00 /Hour
600.00
Sub -Total Task Seven
120 Hours
$ 7,400.00
Task Eight - Project Support/Planning
Principal /Project Manager 12 Hours
Associate /Senior Planner 40 Hours
Graphics 8 Hours
Word Processing 8 Hours
Sub -Total Task Eight 68 Hours
Total Not -to- Exceed Fee 736 Hours
$90.00 /Hour
$60.00 /Hour
$35.00 /Hour
$30.00 /Hour
1,080.**
2,400.00
280.00
240.00
$ 4,000.00
$ 53,750.00*
*Professional services only, including Optional Task Four. Direct overhead items,
including printing and reproduction, supplies and postage are billed at cost plus ten
percent (10 %). A budget of $5,000.00 is estimated for these items.
RN
•
EXHIBIT C
49
NEWPORT PAVILION SITE DRAFT EIR
PROJECT SCHEDULE
Environmental Perspectives and the sub - consultants propose to complete the scope of work
through Task Five (i.e., submittal of the Draft EIR) presented in this proposal in approximately
12 weeks from the notice to proceed as indicated in the project schedule.
Task
Schedule
1
Project Management
As Required
2
Public Meetings
As Required
3
Initial Study /Notice of Preparation
2 Weeks
4
Sub - Consultant Studies (Optional)
4 Weeks
5
Screencheck Draft EIR
8 Weeks'
6
Draft EIR
6 Weeks'
7
Final EIR and Findings
4 Weeks
8
Project Planning Support
As Required
'Subject to change, depending on the completion of the traffic and aesthetics
analyses.
'Includes two reviews by the City (i.e., Screencheck EIR and Pre -Draft EIR) and
appropriate revisions by Environmental Perspectives.
C -1
0
EXHIBIT D
•
NEWPORT PAVILION SITE DRAFT EIR
RESPONSIBILITY OF THE CITY OF NEWPORT BEACH AND /OR
PROJECT APPLICANT
The following information shall be provided to Environmental Perspectives in order to complete
the analysis described in this proposal.
1. A detailed project description, identifying the type of facilities to be constructed,
and a schedule for development phasing and completion of the proposed retail
commercial /restaurant center.
2. All necessary previous environmental documents prepared for the subject property
or surrounding properties.
3. All technical analyses prepared for the City and /or applicant related to the subject
property, including, but not limited to engineering studies, previous soils and
geotechnical analyses, visual analyses, hazardous material /contamination studies,
remediation reports, biological surveys, hydrology analyses, traffic studies,
cultural resource surveys, demographic studies, etc.
4. Aerial photographs and topographic contour maps of existing and proposed
conditions.
5. Grading plan of the proposed retail commercial center.
6. A list of related projects with the necessary project information (e.g., location,
types of uses, scale, schedule, etc.) to assess cumulative impacts.
7. Newport Beach General Plan, Newport Village Planned Community District
Regulations, and all other applicable policy documents.
D -1