HomeMy WebLinkAboutC-3235 - Amendment No. 1-5, Newport Dunes Environmental Impact Reporta
The Newport Dunes Resort
Final Environmental
Impact Report
(Volumes I to IV)
is located in the
hall cabinet
AMENDMENT NO.6
PROFESSIONAL SERVICES AGREEMENT
Newport Dunes Environmental Impact Report
THIS AMENDMENT NO. 5 TO CONSULTANT AGREEMENT, made and entered into this 4th
day of May, 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ") and LSA Associates. Inc., whose address is One Park Plaza,
Suite 500, Newport Beach, California 92614 -5981 (hereinafter referred to as "CONSULTANT') is made
with reference to the following:
RECITALS:
A. On September 28. 1998. a Consultant Agreement was entered into by and between
CITY and CONSULTANT, hereinafter referred to as "AGREEMENT."
B. On November 2. 1998, an amendment to the AGREEMENT was executed by CITY
AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1."
C. On May 24. 1999, an amendment to the AGREEMENT was executed by CITY AND
CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2."
D. On November 17. 1999, an amendment to the AGREEMENT was executed by CITY
AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 3."
E. On January 10. 2000, an amendment to the AGREEMENT was executed by CITY AND
CONSULTANT, hereinafter referred to as "AMENDMENT NO. 4."
F. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by
AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4,
as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant's scope of services shall be amended to include the duties set forth in
Exhibit 'A" attached hereto and incorporated herein by reference.
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0
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Except as expressly modified herein, all other provisions, terms, and covenants set forth in
AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT NO. 3, and
AMENDMENT NO. 4, shall remain the same and shall be in full force and effect.
2. COMPENSATION TO CONSULTANT
Consultant's compensation shall be increased by thirty -seven thousand dollars, five hundred
($37,500.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT
NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO.4 shall not exceed the total
contract price of one hundred and seventy thousand dollars ($179,500.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the
date first above written.
A VED AS TO FORM:
lauson nt City Attorney
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH,
a municipal corporation
BY: Vljr.{✓ wr
Omer Blud
City Manager
CONSU T IpA
BY: U V c
Robert W. EYalen
LSA Associates, Inc.
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April 3, 2000
Patricia Temple, Planning Director
City of Newport Beach
3300 Newport Houlevard
Newport Beach, CA 92658 -8915
OTDEl 02" Ly9.
949553 -0664 TEL SERKELBY 11V113ID8
949.553.80748A% Pr. MCHMOND AOCKLIN
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Subject: Addendum to March 3, 2000, Contract Amendment Request
Dear Patricia:
This letter serves as an addendum to our contract amendment letter dated March 3, 2000 (attached),
and addresses the City's request for additional environmental consulting services related to.the
revised Newport Dunes project. As we understand it, the City and the applicant have reviewed our
March 3 letter and will recommend that the City Council approve the requested budget increase.
However, the City also wishes to ensure that the amendment to the Professional Services Agreement
includes all future costs by LSA Associates, Inc. (LSA), including a new analysis of the recent
revisions to the project and possible future revisions to the project that have not yet been proposed.
"Phis letter provides the scope of work and budget for our fume consulting services, and a final
budget to be included in the contract amendment.
SUMiL-4RY OFMARCH3, 2000, CONTRACTAIMENDMENT REQUEST
Our Mareb 3, 2000, contract amendment request (altac:hed) summarized the budget for completing
the following tasks!
• Draft responses to comments
• Environmental evaluation of revised Bayside Drive gate access
• Environmental evaluation of proposed service drive/mobile home park butter
Dover Shores noise study
• Draft FIR Errata
• Discussions with City as to approach to responses
• Printing and delivery charges
As a point of clarification, the budget amendment requested in our letter also includes fees accessary
to prepare the .Final F.IR document, attend the April 6, 2000, Planning Commission meeting and two
future City Council meetings, and conclude our contract with the City. This includes preparation of
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Exhibit A
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LSA ASSpCIATEd,10C-
the Findings of Fact/ Statement of Overriding Considerations, Final EIR (responses to comments,
Errata, and Draft EIR), and Notice of Determination. Our fee for completing this work is $22,000.
FiVV7RONMZNT4L EVULATIONOFREVISED PROJECT
In response to comments from the Planning Commission and the public during the public review
process, the applicant submitted a Revised Precise Plan, dated March 7, 2000. The major changes to
the plan include the following:
• Reduction in the number of hotel rooms from 400 to 370
• Reduction in the number of time share units from 100 to 75
Employee and service vehicle traffic redirection to access the hotel and time share resort site
through the RV Resort via Back Bay Drive, rather than Bayside Drive.
• Increase of setback between proposed hotel and mobile home park to a minimum of 80 feet;
including surface parking in this area in place of the previously proposed service drive and
loading dock
Relocation of loading dock to the southeast portion of the building, adjacent to the RV Resort
On March 23, 2000, the Planning Commission instructed the applicant to make additional revisions to
the project, including reduction 'in: 1) the height of the structures, 2) the number of rooms, and 3) the
size of the conference area. The applicant is expected to submit revised plans for review at the April
6, 2000, Planning Commission meeting.
An environmental analysis of the revised project is necessary for the purposes of CRQA to document
that the revised project has no new environmental impacts unanticipated in the DEIR or the
subsequent analyses prepared by LSA. In addition, the analysis should determine whether any of the
significant impacts identified in the DEIR have been reduced to .less than significance through the
redesign of the project. LSA will require the following items to conduct the environmental analysis:
• Revised precise plan
• Revised view simulations
• Revised traffic and parking analysis
• Revisions to PC District plan
Approach
I'o address these changes to the project after City staff accepts the revised plans, LSA will prepare an
analysis of the environmental impacts associated with this modification. Due to the substantial nature
of the above changes, LSA's analysis will focus on how the revised project reduces or eliminaws the
significant impacts identified in the DEIR. The D1TR identified significant unavoidable adverse
impacts related to traffic, air quality, and visual impacts. Noise impacts were also a major concern,
although these impacts were considered less than significant with the mitigation measures provided.
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Exhibit A
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LSA ABSOCIATES. INC.
Our analysis of the revised project will utilize revised technical studies prepared by WA and Mestre
Greve Associates (MGA), as well as technical analyses by LSA.
To adequately analyze the project revisions, the noise and air quality analyses will be updated by
1vlGA under LSA's direction, utilizing the updated WPA traffic analysis. In addition, the visual
analysis of View K, where a significant impact was found, will be reevaluated to determine whether a
significant impact to public views still exists at that location; the other views will be reevaluated at a
lesser level of detail to determine whether the revised project causes any new significant visual
impacts. In addition, the revised project will be evaluated in terms of the other environmental topics
included in The DEIR analysis. A brief outline of our approach to the environmental analysis follows.
T'ra,f tclCirculution
LSA will review ATA's updated traffic analysis and discuss the significant impacts of the traffic and
circulation impacts of the revised project. The revised project's traffic impacts wilI be compared with
those analyzed in the DEIIt LSA will also evaluate the on -site vehicular circulation of the revised
project. Redirecring employee and service traffic through the existing RV Resort may result in
increased pedestrian/vehicle conflicts. This conflict with guests at the RV Resort represents a
Potentially significant safety issue.
Air Quali(7
MGA will provide a letter report augmenting their original air quality analysis. The report wil l
calculate the air quality emissions of the revised project and compare those emissions to the
previously proposed project. This analysis will include an evaluation of construction emissions and
long -term operational emissions, and a CO hot spots analysis. The analysis will be based on WPA's
updated traffic analysis. LSA will integrate MGA's findings into our environmental analysis.
Noise
1MGA will provide a letter report augmenting the previous noise analysis. The report will quantify the
revised noise impacts generated by the project. The report will evaluate updated traffic estimates
along Bayside Drive (based on WPA's updated traffic analysis) and potential new noise levels in the
RV Resort from rerouted employee and service vehicle trips. The revised project will also be
evaluated to consider the continued need for a sound wall along the property line between the hotel
and the adjacent to the mobile home park. Noise impacts to the Dover Shores neighborhood will also
be reconsidered. LSA will integrate MCtA's findings into our environmental analysis.
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Exhibit A
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LSA "SOCSAT.XS. tHC.
Visual Resources
LSA will evaluate the visual simulations of the revised project to determine whether the remised
project's visual impact to View K, from the Swimming Lagoon Beach, is significant. LSA will also
conduct a brief review of the other revised view simulations to determine whether any new visual
impacts will be created by the revised project.
Other Environmental Impact Report Sections
LSA will prepare a brief update of each of the remaining environmental topic sections, similar to our
previous analyses of the project modifications, including: land use, population and housing, earth
resources, water resources, biological resources, cultural /scientific resources, public health and
safety, public services and utilities. This will be a comparative analysis to the project evaluated in the
DEIR, and no new quantitative analyses are assumed in this task. Each of these FIR topic areas will
be evaluated to determine whether the revised plan would create any new environmental impacts.
9DD1'IION IL ST9FF_9SSISTANCE
The City has asked LSA to include provisions within the budget to address future requests for
assistance with the EIR and CEQA process that may arise through future hearings at the Planning
Commission and City Council. This could include, but is not limited to, additional environmental
analysis of revisions to the project and attendance at additional meetings. LSA is requesting a reserve
of $5,000 for this purpose. This amount will be reserved for specific tasks as directed by the City.
SCHEDULE
LSA will require approximately three weeks to prepare the environmental analysis of the revised
project because MGA will require approximately two weeks from the receipt of WPA's revised
traffic analysis to prepare the updated air and noise studies, and LSA will require approximately one
additional week to review the MGA reports, summarize the findings, and complete our analysis.
BUDGET
The budget for completion of our contract for the Newport Dunes FEIR is summarized below, based
on the scope of work outlined above and in our March 3, 2000, letter (attached). LSA requests the
City's approval of this contract amendment for the tasks described above to complete the Final ElF,
to be billed on an hourly basis consistent with the rates and provisions in our existing contract with
the City of Newport Beach. A budget increase of $37,500 will be required for this scope of work.
When added to our approved budget of $142,000, the revised contract 'total will be $179,500. This
amount will not be exceeded without the City's approval. The budget increase is summarized below.
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Exhibit A
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Budget Amendment Summary
Tusk(4) Amount
Environmental Analysis ofAevised Project
LSA Analysis $6,000
MGA Air & Noise Studies 4,500
Subtotal $70,500
:ttarch 3, 2000, Augment Request 22,000
Additional Staff Assisumce 5,000
Total $37,500
Please do not hesitate to contact us if you have any questions regarding this contract amendment. We
look forward to completing the CEQA process on tha Newport Dunes project. We request ghat this
amendment be forward to the City Council as soon as possible so that we may be reimbursed for our
past expenses dating back as far as December, 1999. Also, prompt approval of this request will allow
us to begin our work on the environmental analysis once the revised project plans and traffic analysis
are received. Your verbal authorization of die above scope of work and budget will be adequate for
us to begin work on the environmental analysis.
Sincerely,
0 CIr1TES, lNC.
ale
Robert W. BL
Principal
cc: Sharon Wood
Patrick Alford
Les Card, Y.E., CEO
Rob McCann, President
James Baum, CPO
Attachmeut: March 3, 2000, Contract Amendment Request
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Exhibit A
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March 3, 2000
Patricia Temple, Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659 -8915
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Subject: Revised Contract Amendment to Address Additional Studies
Requested by City of Newport Beach and to Address Additional
Public Comments Received
Dear Patricia:
This letter outlines the additional tasks and budget necessary to perform additional wort; requested by
the City to complete the Final EIR, including: I) preparation of responses to comments beyond the
estimated work included in our contract; 2) preparation of additional studies for the applicant's new
proposal for gated access on Bayside Drive; 3) preparation of additional analysis for the applicant's
new proposal for an increased landscaped buffer and relocation of a block wall between the hotel
resort and the Bayside Village mobile homes; and 4) preparation of additional noise analysis study
rgardinq noise effccts on Dover Shores.
Responses to Cowntents
As we noted in letter, dated December 7, 1999, and January 3, 2000, responding to the comments
received during tale public review period required greater effort than originally specified in our
contract. As our contract states. "It is extremely difficult to accurately predict the level of effort
necessary to respond to those comments. A maximum of 40 LSA staff hours is specified for this
task. Should additional time be necessary to prepare responses to comments, a budget adjusrmcm
may be necessary." As we have notified you, additional work beyond the hours specified in the
contract was required to complete the responses to comments (RTC) task.
As we have discussed, the comments received by the City were numerous, extensive, and
complicated. According to CEQA, `There must be good faith, reasoned analysis in response to each
comment received. Conctusory statements unsupported by factual information will not suffice."
LSA staff diligently responded to all or the comments with the level of detail required by CEQA, in
order to provide the City a defensible FEIR.
3G3W(PXNH3340LJD0BTIRTC budgeO.wpdb
iLAN NINO INY:¢O N.RNTA; sUIN<IS DISION
Exhibit A
Sent bV:LSA "1-900 10154am From 94955380 - 146443250 Pave i. 7
Lbn ♦ssoct�Tc%' INC.
Due to the level of sophistication of the comments and the number of comments received,
compilation of the RTC document required a major effort, substantially beyond the 40 hours we
estimated in October, 1998, when we first prepared our scope of work and budget estimate. A total
of 75 comment letters was received during the public review process, and an additional ten comment
letters were received after the close of the comment period on November 15. A significant comment
letter was also generated by the City's Environmental Quality Affairs Committee (EQAC).
demanding particular attention and discussion with staff.
Development of the RTC involved the following effort:
1. Compiling, numbering, and tracking comments and responses;
2. Reviewing the EIR and referencing the corresponding Elk section for many of the responses;
3. Follow -up with subconsultants and technical specialists to address issues raised in the
comments;
4. Reviewing subconsultant responses and including them in The RTC document;
S. Discussions with the applicant and the City regarding response strategy and issues raised by
commentors;
o. Word processing, editing, and proofing by clerical staff;
Internal qualiri review of draft responses by an LSA Principal;
8. Responding to Ciq /applicant comments and questions on the RTC: and
9. Initiating several pieces of correspondence and telephone calls to City staff and the City
Attorney's office to complete the RTCs.
The RTCS required approximately 170 hours of LSA senior level personnel, in January alone.
Including November and December time, the total is approximately 284 hours for preparation of the
RTC package. An extra effort by LSA occurred in January, when approximately 117 hours of
overtime were spent by three senior level LSA personnel to complete the RTC package, the EIR
Errata, the EIR Addendum, and additional analysis for the above studies within the time frame
established by the City for a targeted Planning Commission hearing in mid - February. This
extraordinary effort was accomplished by LSA in good faith at the direction of Ms. Sharon Wood.
Addith mal Stadies and Draft EIR Errata
Three additional studies and an Errata to the Draft EIR were prepared at the request of the City for
the FEIR
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Exhibit A
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Lin AfiSOLL�Tt b, INC.
Sapplemerttal Analysis of Bayside Drive Modification
Subsequent to the public comment period, the applicant submitted a proposal to provide gated access
west of the entrances to Sayside Village Mobile Home Park. In order to adequately address this
change in the project. LSA conducted supplemental analysis of the environmental impacts associated
with this modification. Prior to the preparation of the analysis, LSA had expended seven hours
evaluating this issue, reviewing the proposal and related materials, and discussing with the City the
appropriate CEQA approach for this late change to the project,
The supplemental analysis included the following scope of work: an analysis of the modification's
effect on each EIR environmental topic and expanded discussion of the changed project's potential
environmental effects from traffic, noise, and air quality. To describe the traffic impacts of the
changed project, LSA utilized the City Traffic Engineer's evaluation of the plan and the queuing
analysis prepared by WPA. The findings of the queuing analysis were then incorporated into a
revised air quality and noise impacts analysis, utilizing the U.5. EPA approved CAL3QHC model for
CO hot spot analysis. We estimate that completing these analyses required an additional 40 hours of
LSA professional staff time, for a total of $3,000.
Dover Shores Noise Study
At the City's request, Mestm Greve Associates, the subconsultant charged with preparing the EIR's
air and noise studies, prepared a supplemental analysis addressing potential noise levels at the Dover
Shores community that would be generated by the proposed project. In addition, Mestre Greve
Associates responded to the technical comments received related to the noise and air studies in the
Draft EIR. LSA coordinated these efforts and summarized the additional information in the RTC
document. Mestre Greve Associates provided an estimate of 52,000 for this work. LSA time for
coordinating this requested study and incorporating the findings into the RTC is included in a
separate task, described below.
Service Drive, Wall, and Lwtdscaped.lrea Revised Plan Analysis
LSA prepared an EIR Addendum analyzing the changes to the proposed project submitted by the
applicant to the City in response to several EIR comment letters requesting expansion and changes to
the buffer area between the project and the $ayside Village mobile homes. This late change to the
project description was analyzed for each EIR environmental topic, and provided as an Addendum to
the Draft EIR. Approximately ten hours were spent on this task.
Drafi £IR Errata
Due to minor changes to the proposed project by the applicant, and minor wording changes and
editing to the Draft EIR requested by the City, an EIR Errata was prepared by LSA. This Errata was
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Exhibit A
Sent by:LSA Rer& 00 10 :55a,. From 94955380.7146443250
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submitted on February 3, 2000. Subsequent to submittal, LSA was requested by City staff to provide
an expanded introduction to the Errata citing CEQA sections, and additional edits to the wording.
Approximately 20 hours of senior LSA staff time were expended on this task.
Discussions with City Staff and City Attorney Regarding EIR Baseline, Starers of
Previously Approved Duxes Resort Project and SertlemenrAgreement, and RTC
Approach
LSA staff participated in a meeting held at City Hall to determine the proper CEQA approach to the
previously approved project, including the Senlement, Agreement. LSA staff had various telephone
conference calls before and after the meeting, further discussing the previously approved project and
the baseline for the analysis in the E19.
Printing and delivery Charges
Additional printing costs and delivery charges were incurred over what was budgeted in our original
contract to reproduce and distribute the RTC, Errata, Addendum, and additional technical studies.
Budget
LSA requests the City's approval of a contract amendment for the additional tasks described above to
complete the Final EIR, to be billed on an hourly basis consistent with the rates and provisions in our
existing contract with the City of Newport Beach. A budget of $23,000 will be required for the scope
of work. When added to our approved budget of $136,000, the revised contract total will be
$163,000. This amount will not be exceeded without the City's approval.
* See Note Below
Budgaf Amendment
This budget proposal covers LSA fees and reimbursable costs through February 15, 2000, and is
based upon actual hours billed to the project, as reflected in the attached table of LSA hours
expended for each product. The following table summarizes this budget estimate for completion of
the Final EIR and our contract:
Additional Studies
Bayside Drive Proposed Modification -Air Quality and
Noise Analysis $2,000
Analysis for Proposed Bayside Drive Modification, by Topic 52,000
Dover Shores Requested Noise Study and Air and Noise RTC $2,000
3r3100(4PXNa334MbGEnFLTC budgn3.wpdU
'Note: City Mamger approved $6000 budget increase to $142,000 January 10,2000.
Therefore the budget increase is $28,000- $6,000= $22,000. $22,000 +142,000= $164,000
Exhibit A
Sent b9:LSA
gpr900 10:55an
Liw wOtOGlwstl. ,Me.
Revised Project Plans for Wall/Landscaping/Buffer
Management/Coordination of Additional Studies
Endtled Project Baseline Analysis Re.' Air/Noise
frog: 94955380 1W 146443250
CEQA Approach Discussions Regarding Baseline Analysis
Meeting at City December 22, 1999
Additional Printing
Printing Additional Response to Comments
Printing Additional Studies/Errata
Subtotal Additional Studies
Additional LSA Fees to Prepare Response to Comments
$1,000
$ 1,500
$ 800
$ Soo
$1,100
$ 90o
S11,800
LSA Time Needed to Complete RTC S13,700
LSA Time Needed to Revise RTC after City /Applicant Review $2,000
RTC Coord' u-iation/Dis+ribution/Serategies $ SOU
Subtotal Response to Comments $16,200
page 5i 7
Grand Total $28,000
$6,000 Budget increase approved
$22,000 1110/00 .
As discussed witb you at our most recet:t meeting, LSA has proceeded in good faith, providing the
City with a thorough set of responses to the unexpected level of comments on the Draft FIR. In
December and again in early January, I made a specific point of informing you of the magnitude of
the effort we would make on behalf of tho City in preparing the responses to comments. I have
attached a ropy of the responses and the other products delivered to the City within the very
demanding schedule required by the City. As I indicated above, an extraordinary effort by several of
our staff was required to produce the documents requested by the City. We hope the City also
recognizes the inherent value, in the environmental documentation prepared by LSA and that it forms
a defensible basis enabling the EIR to move forward to be considered for certification by the City
Council.
313100((P:\CNB8341aUDGETRTC budgeUmpO
Exhibit A
Sent by:LSA
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LA A150CfnTSi. zvc.
We look forward to finalizing our contract to prepare the Final EIR. Please do not hesitate to contact
me if you have any questions.
Sincerely,
g CIATES, alen
Principal
cc: Sharon Wood
Patrick Alford
Les Card, P.E, CEO
Rob McCann, President
Attachments Table of Hours Expended
FEIR package
3!3 /00((P:%CR8A341$UDGE ,RTC bUQW.wWd
11
Exhibit A
Sent •by:LSN
pPr -03 -BB 3B =55an £ron 9495538076 *7146443250
DELIVERABLES
1Vtogth Staff Hours
1114100 SC Sayside Drive Gate Access Study
January
Tony C.
4.00
January
Paul N.
4.75
January
Steve
2100
January
Rob
3.00
1128100 Final Crate Access Study
January
Steve
3.00
1217/99 Initial Draft RTC
November
Steve
21.50
December
Steve
73.00
December
Deby
21.00
1/28/00 Draft RTC
January
Sieve
60.00 "
January
Deby
60.00
January
Rob
50.00
2/312000 Draft b1MRP
January
Steve
3.00
January
Rob
1.00
213/00 Draft Errata
January
Steve
30.00
January
Deby
1.00
January
Rob
100
2/3100 Draft Service Drive/lYJ1:[P Addendum
January
Steve
12.00
January
Rob
2.00
Word Processing - January through February 15
January
68.50
February
14.25
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Exhibit A
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Page 7, 7
aE`x'P °qr CITY OF NEWPORT BEACH Hearing Date:
COMMUNITY AND ECONOMIC
Agenda Item
DEVELOPMENT
No.:
^" PLANNING DEPARTMENT Staff Person:
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92655
(714) 6443200; FAX (714) 644 -3250
SUBJECT:
SUGGESTED
ACTION:
REPORT TO THE MAYOR AND CITY COUNCIL
Newport Dunes Resort Environmental Impact
(g) C,-3a35
25,2000
9
Sharon Z. Wood
(949) 644 -3222
AIR 2,5'-
Approve amendment to the professional services agreement with LSA
Associates, Inc.
The City Council approved an amendment to the professional services agreement with LSA
Associates with regard to changes in the project 'on April 11, 2000. This amendment is for
$10,500. The amendment with regard to additional work on responses to comments and
preparation of the Final EIR ($27,500) was continued, with requests for a status report on the
EIR and for the consultant to be present at the meeting of April 25.
LSA Associates has prepared the attached status report, and will have a representative at the
Council meeting. As the status report indicates, the consultant has provided additional responses
to comments and questions from the Environmental Quality Affairs Committee (EQAC). This
information was available for the Planning Commission's consideration on April 20. In addition,
EQAC's chairman intends to place this report on the EQAC agenda for May to enable the
Committee to make its recommendation on the adequacy of the EIR to the City Council when it
is conducting public hearings on the project.
Staff believes the requested amendment for additional work is justified, as there has been an
unusually high amount of public interest in the Newport Dunes Resort project and commensurate
amount of comments on the EIR.
SHARON Z. WOOD
Assistant City Manager
Attachment; Memorandum from LSA Associates, Inc.
LSA
*ASSOCIATES, INC.
ONE PARK PLAZA, SUITE 500
IRVINE, CALIFORNIA 92614
MEMORANDUM
•
949.553.0666 TEL
949553.8076 FAX
DATE: April 14, 2000
TO, Sharon Wood, Assistant City Manager
mom: Robert W. Balen, Principal
SUBJECT Status of Newport Dunes Resort EIR Process
OTHER OFFICES:
BERKELEY RIVERSIDE
PT. RICHMOND ROCKLIN
This memorandum is provided in response to the City Council's April 11 request for a status report
on the progress of the Newport Dunes Resort EIR. LSA Associates, Inc. (LSA) is in the process of
preparing the Final EIR package for review and certification by the City Council. The status is
summarized below.
Responses to Comments
LSA prepared a Draft Responses to Comments (DRTC) document on January 28, 2000, with the
input of the City Planning Department, the City Attorney's office, and subconsultants responsible for
preparing technical studies included in the DEIR, as well as the applicant. The DRTC included
responses to the comments raised by the City's Environmental Quality Affairs Committee (EQAC),
charged with reviewing the DEIR. The City Attorney's office has reviewed the DRTC and found the
document consistent with the requirements of CEQA.
On March 23, 2000, the EQAC submitted a letter to the Planning Commission listing their concerns
with the DRTC. In response to EQAC's letter, LSA has provided a memo report, dated April 14,
2000, which attempts to further clarify the responses with which EQAC had concerns. We believe
this memorandum provides additional clarification of issues, as well as an explanation of the level of
analysis required for compliance with CEQA.
At its meeting on April 6, 2000, this Planning Commission evaluated the adequacy of the DEIR, and
DRTC and found the documents to be consistent with the requirements of CEQA. Therefore, with
the City's approval, LSA will now prepare a Final Responses to Comments document for inclusion in
the Final EIR package.
Environmental Evaluation of the Revised Project
At its meeting on April 11, the City Council authorized LSA and its subconsultant, Mestre Greve
Associates, to prepare for its review an environmental analysis of the.revised Newport Dunes Resort
as modified by the Planning Commission. This revised environmental analysis is necessary for the
purposes of CEQA to document that the revised project has no new environmental impacts not
anticipated in the DEIR or the subsequent analyses of the project modifications prepared by LSA. Ir
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LSA ASSOCIATES. INC.
addition, the analysis will determine whether any of the significant impacts identified in the DEIR (air
quality, traffic, visual resources) have been reduced to less than significant levels through the
redesign of the project. LSA and Mestre Greve Associates are currently preparing this revised
analysis, and we plan to submit a draft copy to the City Planning Department for review on April 28.
Final EIR Package
LSA will compile the Final EIR package for certification by the City Council. The Final. EIR will
include Volumes I and II the Draft EIR, the Responses to Comments, Errata, the Revised
Environmental Analysis, Facts & Findings, Planning Commission and City Council staff reports and
resolutions, and a Statement of Overriding Considerations. This Final EIR package will be compiled
for certification by the City Council after the completion of the environmental evaluation of the
revised project.
LSA will continue to work expeditiously at the direction of the City staff to complete the CEQA
process for the Newport Dunes Resort project. Please do not hesitate to call me if there are any
issues that you would like to discuss.
4 /14 /00((PACNB8341AdminW -14 status memo.wp&
SUBJECT:
SUMMARY:
SUGGESTED
ACTION:
Background
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
Newport Dunes Resort Environmental Impact Report
C38�)
C -3a3S
April 11, 2000
Patrick J. Alford
(949) 644 -3235
OR I i
An amendment to the professional services agreement for consulting services to
prepare an environmental impact report for the Newport Dunes rt projept.
Approve the amendment to the professional services agreement with LSA
Associates for the preparation of an environmental impact report for the
Newport Dunes Resort project.
On September 28, 1998, the City Council approved a professional services agreement with LSA
Associates for the preparation of an environmental impact report (EIR) for the Newport Dunes Resort
project. Pursuant to Policy F -3, this amendment requires City Council approval because it exceeds
twenty five percent (25 %) of the agreement as amended by the City Council on May 24, 1999.
Analysis
The amendment is necessary to compensate the consultant for additional costs incurred during the
preparation of the Newport Dunes Resort EIR. These additional costs were due to changes in the
project design proposed by the applicant at the suggestion of the Planning Commission. These
revisions require additional technical studies and analysis by the consultant. Also, the City received an
unusually large number of comments from the public on the draft EIR and drafting responses to these
comments required additional studies and more time than was budgeted for in the original agreement.
Finally, there were additional printing costs associated with these tasks. These costs total $37,500.
The applicant has agreed to pay additional compensation to consultant to cover the costs associated
with additional review and analysis and to complete the EIR-
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICK J. ALFORD
Senior Planner
Attachments: 1. 61PSA AmendmentNo. 5.
2. Letter from the applicant agreeing to revised contract
CITY OF NEWT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
�c�E`wP6kp
0
� 1
PLANNING DEPARTMENT
U �
33� NEWPORT BOULEVARD
C'l�F00.N�P
NEWPORT BEACH, CA 92658
(949) 644-320o, FAX (949) 644-3250
SUBJECT:
SUMMARY:
SUGGESTED
ACTION:
Background
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
Newport Dunes Resort Environmental Impact Report
C38�)
C -3a3S
April 11, 2000
Patrick J. Alford
(949) 644 -3235
OR I i
An amendment to the professional services agreement for consulting services to
prepare an environmental impact report for the Newport Dunes rt projept.
Approve the amendment to the professional services agreement with LSA
Associates for the preparation of an environmental impact report for the
Newport Dunes Resort project.
On September 28, 1998, the City Council approved a professional services agreement with LSA
Associates for the preparation of an environmental impact report (EIR) for the Newport Dunes Resort
project. Pursuant to Policy F -3, this amendment requires City Council approval because it exceeds
twenty five percent (25 %) of the agreement as amended by the City Council on May 24, 1999.
Analysis
The amendment is necessary to compensate the consultant for additional costs incurred during the
preparation of the Newport Dunes Resort EIR. These additional costs were due to changes in the
project design proposed by the applicant at the suggestion of the Planning Commission. These
revisions require additional technical studies and analysis by the consultant. Also, the City received an
unusually large number of comments from the public on the draft EIR and drafting responses to these
comments required additional studies and more time than was budgeted for in the original agreement.
Finally, there were additional printing costs associated with these tasks. These costs total $37,500.
The applicant has agreed to pay additional compensation to consultant to cover the costs associated
with additional review and analysis and to complete the EIR-
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICK J. ALFORD
Senior Planner
Attachments: 1. 61PSA AmendmentNo. 5.
2. Letter from the applicant agreeing to revised contract
r�
0
AMENDMENT NO. 5
PROFESSIONAL SERVICES AGREEMENT
Newport Dunes Environmental Impact Report
THIS AMENDMENT NO. 5 TO CONSULTANT AGREEMENT, made and entered into this 12th
day of April, 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY") and LSA Associates. Inc., whose address is One Park Plaza,
Suite 500, Newport Beach, California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made
with reference to the following:
RECITALS:
A. On September 28. 1998. a Consultant Agreement was entered into by and between
CITY and CONSULTANT, hereinafter referred to as "AGREEMENT."
B. On November 2. 1998, an amendment to the AGREEMENT was executed by CITY
AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1."
C. On May 24. 1999, an amendment to the AGREEMENT was executed by CITY AND
CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2."
D. On November 17. 1999, an amendment to the AGREEMENT was executed by CITY
AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 3."
E. On January 10. 2000, an amendment to the AGREEMENT was executed by CITY AND
CONSULTANT, hereinafter referred to as "AMENDMENT NO. 4."
F. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by
AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4,
as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant's scope of services shall be amended to include the duties set forth in
Exhibit "A," attached hereto and incorporated herein by reference.
I
0 0
Except as expressly modified herein, all other provisions, terms, and covenants set forth in
AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT NO. 3, and
AMENDMENT NO. 4, shall remain the same and shall be in full force and effect.
2. COMPENSATION TO CONSULTANT
Consultant's compensation shall be increased by thirty-seven thousand dollars, five hundred
($37,500.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT
NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4 shall not exceed the total
contract price of one hundred and seventy thousand dollars ($179,500.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the
date first above written.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH,
a municipal corporation
F-YA
Homer Bludau
City Manager
CONSULTANT
M
`a
Robert W. Balen
LSA Associates, Inc.
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LSA
April 1, 2000
LSA ASSOCIATES, aNO.
ONE PARR PLAZA, SUITS 500
IUV1WA, CALIFORNIA 92614
Patricia Temple, Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
OTHER
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Subject: Addendum to March 3, 2000, Contract Amendment Request
Dear Patricia:
This letter serves as an addendum to our contract amendment letter dated March 3, 2000 (attached),
and addresses the City's request for additional environmental consulting services related to the
revised Newport Dunes project, As we understand it, the City and the applicant have reviewed out
March 3 letter and will recommend that the City Council approve the requested budget increase.
However, the City also wishes to ensure that the amendment to the Professional Services Agreement
includes all future costs by LSA Associates, Inc. (LSA), including a new analysis of the recent
revisions to the project and possible future revisions to the project that have not yet been proposed.
This letter provides the scope of work and budget for our future consulting services, and a final
budget to be included in the Contract amendment.
SUMMARY OFMARCH3,2000, CONTR9CTAMENDMENTREQUEST
.Our March 3, 2000, contract amendment request (attached) summarized the budget for completing
the following tasks-
• Drs$ responses to comments
• Environmental evaluation of revised Bayside Drive gate access
• Environmental evaluation of proposed service drive/mobile home park buffer
• Dover Shores noise study
Draft EM Errata
• Discussions with City as to approach to responses
• Printing and delivery charges
As a point of clarification, the budget amendment requested in our letter also includes fees necessary
to prepare the Final P,IR document, attend the April 6, 2000, Planning Commission meeting and two
future City Council meetings, and conclude our contract with the City. This includes preparation of
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Lab ASSOC1Ar Y3, 1NC-
the Findings of Fact/ Statement of Overriding Considerations, Final EIR (responses to comments,
Errata, and Draft EIR), and Notice of Determination. Our fee for completing this wort: is $22,000_
ENVIRONMENTAL E VAL UA TION OF RE VISED PROJECT
In response to comments from the Planning Commission and the public during the public review
process, the applicant submitted a Revised Precise Plan, dated March 7, 2000. The major changes to
the plan include the following:
• Reduction in the number of hotel rooms from 400 to 370
• Reduction in the number of time share units from 100 to 75
• Employee and service vehicle traffic redirection to access the hotel and time share resort site
through the RV Resort via Back Bay Drive, rather than Bayside Drive.
• Increase of setback between proposed hotel and mobile home park to a minimum of 80 feet
including surface parking in this area in place of the previously proposed service drive and
loading dock
Relucation of loading dock to the southeast portion of the building, adjacent to the RV Resort
On March 23, 2000, the Planning Commission instructed the applicant to make additional revisions to
the project, including reduction in: 1) the height of the structures, 2) the number of rooms, and 3) the
size of the conference area. The applicant is expected to submit revised plans for review at the April
6, 2000, Planning Commission meeting.
An environmental analysis of the revised project is necessary for the purposes of CF-QA to document
that the revised project has no new environmental impacts unanticipated in the DEiR or the
subsequent analyses prepared by LSA. In addition, the analysis should determine whether any of the
significant impacts identified in the DEIR have been reduced to less than significance through the
redesign of the project. LSA will require the following items to conduct the environmental analysis:
• Revised precise plan
• Revised view simulations
• Revised traffic and parking analysis
• Revisions to PC District plan
Approach
To address these changes to the project after City staff accepts the revised plans, LSA will prepare an
analysis of the environmental impacts associated with this modification. Due to the substantial nature
of the above changes, LSA's analysis will focus on how the revised project reduces or eliminates the
significant impacts identified in the DEM. The DEM identified significant unavoidable adverse
impacts related to traffic, air quality, and visual impacts. Noise impacts were also a major concern,
although these impacts were considered less than significant with the mitigation measures provided.
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LSA, ABSOC16rES, INC.
Our analysis of the revised project will utilize revised technical studies prepared by WPA and Mestre
Greve Associates (MGA), as well as technical analyses by LSA.
To adequately analyze the project revisions, the noise and air quality analyses will be updated by
MGA under LSA's direction, utilizing the updated WPA traffic analysis. In addition, the visual
analysis of View K, where a significant impact was found, will he reevaluated to determine whether a
significant impact to public views still exists at that location; the other views will be reevaluated at a
lesser level of detail to determine whether the revised project causes any new significant visual
impacts. In addition, the revised project will he evaluated in terms of the other environmental topics
included in the DEIR analysis. A brief outline of our approach to the environmental analysis follows.
Z'raf relarealarion
LSA will review uTA'S updated traffic analysis and discuss the significant impacts of the traffic and
circulation impacts of the revised project. The revised project's traffic impacts will be compared with
those analyzed in the DEIK LSA will also evaluate the on -site vehicular circulation of the revised
project. Redirecting employee and service traffic through the existing RV Resort may result in
increased pedestrian/volikle conflicts. This conflict with guests at the RV Resort represenis a
potentially significant safety issue.
Air Quda &
MGA will provide a letter report augmenting their original air quality analysis. The report will
calculate the air quality emissions of'the revised project and compare those emissions to the
previously proposed project. This analysis will include an evaluation of construction emissions and
long -term operational emissions, and a CO hot spots analysis. The analysis will be based on WPA's
updated traffic analysis. LSA will integrate MGA's findings into our environmental analysis.
Noise
MGA will provide a letter report augmenting the previous noise analysis. The report will quantify the
revised noise impacts generated by the project. The report will evaluate updated traffic estimates
along Bayside Drive (based on WPA's updated traffic analysis) and potential new noise levels in the
RV Resort from rerouted employee and service vehicle trips. The revised project will also be
evaluated to consider the continued need for a sound wall along the property line between the hotel
and the adjacent to the mobile home park. Noise impacts to the Dover Shores neighborhood will also
be reconsidered. LSA will integrate MCA's findings into our environmental analysis.
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LSA ASSOCIATES. INC.
Visual Resources
LSA will evaluate the visual simulations of the revised project to determine whether the revised
project's visual impact to View K, from the Swimming Lagoon Beach, is significant_ LSA will also
conduct a brief review of the other revised view simulations to determine whether any new visual
impacts will be created by the revised project.
Other.Environntentad Impact Report Sections
LSA will prepare a brief update of each of the remaining environmental topic sections, similar to our
Previous analyses of the project modifications, including: land use, population and housing, earth
resources, water resources, biological resources, cultural /scientific resources, public health and
safety, public services and utilities. This will be a comparative analysis to the project evaluated in the
DEIR, and no new quantitative analyses are assumed in this task. Each of these FIR topic areas will
be evaluated to determine whether the revised plan would create any new environmental impacts.
ADDITIONAL, STAFFASSISTANCE
The City has asked LSA to include provisions within the budget to address future requests for
assistance with the EIR and CEQA process that may arise through future hearings at the Planning
Commission and City Council. This could include, but is not limited to, additional environmental
analysis of revisions to the project and attendance at additional meetings. LSA is requesting a reserve
of $5,000 for this purpose. This amount will be reserved for specific tasks as directed by the City.
SCHEDULE
LSA will require approximately threw weeks to prepare the environmental analysis of the revised
project because MGA will require approximately two weeks from the receipt of WPA's revised
traffic analysis to prepare the updated air and noise studies, and LSA will require approximately one
additional week to review the MGA reports, summarize the findings, and complete our analysis.
BUDGET
The budget for completion of our contract for the Newport Dunes FEIR is summarized below, based
on the scope of work outlined above and in our March 3, 2000, letter (attached). I,SA requests the
City's approval of this contract amendment for the tasks described above to complete the Finial EIR,
to be billed on an hourly basis consistent with the rates and provisions in our existing contract with
the City of Newport Beach. A budget increase of $37,500 will be required for this scope of work_
When added to our approved budget of $142,000, the revised contract total will be $179,500. This
amount will not be exceeded without the City's approval. The budget increase is summarized below.
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Sent by :LSA
LSA 498001AT89i INC.
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Budget Amendment Summary
Task(s) Amount
Environmental Analysis of Revised Project
LSA Analysis $6,000
MGA Air & Noise Studies 4,500
Subtotal SI0,500
March 3, 2000, Augment bequest 22,000
Additional StaffAsststance 5,000
Total $37,500
Please do not hesitate to contact us if you have any questions regarding this contract amendment We
look forward to completing the CEQA process on the Newport Dunes project. We request that this
amendment be forward to the City Council as soon as possible so that we may be reimbursed for our
past expenses dating back as far as December, 1999. Also, prompt approval of this request will allow
us to begin our work on the environmental analysis once the revised project plans and traffic analysis
are received. Your verbal authorization ofthe above scope of work and budget will be adequate for
us to begin work on the environmental analysis.
Sincerely,
ZSOCUTES, INC.
Robert W. Bale�/un L 06e'
Principal
ce: Sharon Wood
Patrick Alford
Les Card, P-E., CEO
Rob McCann, President
James Baum, CFO
Attachment: March 3, 2000, Contract Amendment Request
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IRVIMR. CAL[LORNtw 91614 9,9.553.9076 WAx IT. IraVIVONO
March 3, 2000
Patricia Temple, Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
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Subject: Revised Contract Amendment to Address Additional Studies
Requested by City of Newport Beach and to Address Additional
Public Comments Received
Dear Patricia:
This letter outlines the additional tasks and budget necessary to perform additional work requested by
the City to complete the Final FlP, including: I) preparation of responses to comments beyond the
estimated work included in our contract; 2) preparation of additional studies for the applicant's new
proposal for gated access on Bayside Drive; 3) preparation of additional analysis for the applicant's
new proposal for an increased landscaped buffer and relocation of a block wall between the hotel
resort and the Bayside Village mobile homes; and 4) preparation of additional noise analysis study
regarding noise 46cts on Do mr Shores.
Responses to Comments
As we noted in letters dated December 7, 1999, and January 3, 2000, responding to the comments
received during the public review period required greater effort than originally specified in our
contract. As our contract states. "It is extremely difficult to accurately predict the level of effort
necessary to respond to those comments. A maximum of 40 LSA staff hours is specified for this
task. Should additional time be necessary to prepare responses to comments, a budget adjustment
may be necessary." As we have notified you, additional work beyond the hours specified in the
contract was required to complete the responses to comments (RTC) task.
As we have discussed, the comments received by the City were numerous, extensive, and
complicated. According to CEQA, "There must be good faith, reasoned analysis in response to each
comment received. Conclusory statements unsupported by factual information will not suffice."
LSA staff diligently responded to all of the comments with the level of detail required by CEQA, in
order to provide the City a defensible FEIR.
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Due to the Ievel of sophistication of the comments and the number of comments received,
compilation of the RTC document required a major effort, substantially beyond the 40 hours we
estimated in October, 1998, when we first prepared our scope of work and budget estimate. A total
of 75 comment letters was received during the public review process, and an additional ten comment
letters were received after the close of the comment period on November 15. A significant comment
letter was also generated by the City's Environmental Quality Affairs Committee (EQAC),
demanding particular attention and discussion with staff.
Developmenc of the RTC involved the following effort:
I . Compiling, numbering, and tracking comments and responses;
2. Reviewing the EIR and referencing the corresponding EIR section for many of the responses;
3. follow -up with subconsultants and technical specialists to address issues raised in the
comments;
4. Reviewing subconsultant responses and including them in the RTC document;
5. Discussions with the applicant and the City regarding response strategy and issues raised by
commentors;
6. Word processing, editing, and proofing by clerical staff;
7. Internal quality review of draft responses by an LSA Principal;
8. Responding to City /applicant comments and questions on the RTC; and
9. Initiating several pieces of correspondence and telephone calls to City staff and the City
Attorney's office to complete the RTCs.
The RTCs required approximately 170 hours of LSA senior level personnel, in January alone.
Including November and December time, the total is approximately 284 hours for preparation of the
RTC package. An extra effort by LSA occurred in January, when approximately 117 hours of
overtime were spent by three senior level LSA personnel to complete the RTC package, the EIR
Errata, the EIR Addendum, and additional analysis for the above studies within the time frame
established by the City for a targeted Planning Commission hearing in mid - February. This
extraordinary effort was accomplished by LSA in good faith at the direction of Ms. Sharon Wood.
Additional Studies and Draft EIR Errata
Three additional studies and an Errata to the Draft EIR were prepared at the request of the City for
the FEIR.
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Supplemental Analysis of Bays ide Drive Modification
Subsequent to the public comment period, the applicant submitted a proposal to provide gated access
west of the entrances to Bayside Village Mobile Home Park. In order to adequately address this
change in the project. LSA conducted supplemental analysis of the environmental impacts associated
with this modification. Prior to the preparation of Elic analysis, LSA had expended seven hours
evaluating this issue, reviewing the proposal and related materials, and discussing with the City the
appropriate CEQA approach for this late change to the project.
The supplemental analysis included the following scope of Work: an analysis of the modification's
effect on each EIR environmenral topic and expanded discussion of the changed project's potential
environmental effects from traffic, noise, and air quality_ To describe the traffic impacts of the
changed project, LSA utilized the City Traffic Engineers evaluation of the plan and the queuing
analysis prepared by WPA. The findings of the queuing analysis were then incorporated into a
revised air quality and noise impacts analysis, utilizing the U.S. EPA approved CAL3QIIC model for
CO hot spot analysis. We estimate that completing these analyses required an additional 40 hours of
LSA professional staff time, for a total of $4,000,
Dover Shores Noise Study
At the City's request. Mestre Greve Associates, the subconsultant charged with preparin.a the EIR's
air and noise studies, prepared a supplemental analysis addressing potential noise levels at the Dover
Shores community that would be generated by the proposed project. In addition, Mestre Greve
Associates responded to the technical comments received related to the noise and air studies in the
Draft EIR. LSA coordinated these efforts and summarized the additional information in the RTC
document. Mestre Greve Associates provided an estimate of $2,000 for this work. LSA time for
coordinating this requested study and incorporating the findings into the RTC is included in a
separate task, described below,
Service Drive, Wall, and Landscaped Area Revised Plan Analysis
LSA prepared an EIR Addendum analyzing the changes to the proposed project submitted by the
applicant to the City in response to several EIR comment letters requesting expansion and changes to
the buffer area between the project and the $ayside Village mobile homes. This late change to the
project deseription was analyzed for each EIR environmental topic, and provided as an Addendum to
the Draft EIR. Approximately ten hours were spent on this task.
Draft EIR Errata
Due to minor changes to the proposed project by the applicant, and minor wording changes and
editing to the Draft EIR requested by the City, an EIR Errata was prepared by LSA. This Errata was
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submitted on February 3, 2000. Subsequent to submittal, LSA was requested by City staff to provide
an expanded introduction to the Errata citing CEQA sections, and additional edits to the wording.
Approximately 20 hours of senior LSA staff time were expended on this task:
Discussions with City Staff and City Attorney Regarding EIR Baseline, Stares of
Previously Approved Dunes Resort Project and Settlement Agreement, and RTC
Approach
LSA staff participated in a meeting held at City Hall to determine the proper CEQA approach to the
previously approved project, including the Settlement Agreement. LSA staff had various telephone
conference calls before and after the meeting, further discussing the previously approved project and
the baseline for the analysis in the EIR.
Printing and Delivery Charges
Additional printing costs and delivery charges were incurred over what was budgeted in our original
contract to reproduce and distribute the RTC, Errata, Addendum, and additional technical studies.
Budget
LSA requests the City's approval of a contract amendment for the additional tasks described above to
complete the Final EIR, to be billed on an hourly basis consistent with the rates and provisions in our
existing contract with the City of Newport Beach. A budget of $28,000 will be required for the scope
of work. When added to our approved budget of $136,000, the revised contract total will be
$ 163,000. This amount will not be exceeded without the City's approval.
s See Note Below
Budget Amendment
This bud.aet proposal covers LSA fees and reimbursable costs through February 15, 2000, and is
based upon actual hours billed to the project, as reflected in the attached table of LSA hours
expended for each product. The following table summarizes this budget estimate for completion of
the Final EIR and our contract:
Additional Studies
Bayside Drive Proposed lvlodification -Air Quality and
Noise Analysis $2,000
Analysis for Proposed Bayside Drive Modification, by Topic 52,000
Dover Shores Requested Noise Study and Air and Noise RTC $2,000
3/3=0PACNn3341811tx'iMKTC buW.wpdA
'Note: City Manager approved $6000 budget increase to $142,000 January 10,2000.
Therefore the budget increase is $28,000- $6,000 = $22,000. $22,000 +142,000 = $164.000
Sent by:LSN
90 -00 10:55an
a.aw wsao c�sssa, Ike,
Revised Project Plans for Wail/IandscapinglBuffer
Management/Coordination of Additional Studies
Entitled Project Baseline Analysis Re: AirlNoise
frog, 949553 "is j7146443250
CEQA Approach Discussions Regarding Baseline Analysis
Meeting at City December 22, 1999
Additional Printing
Printing Additional Response to Comments
Printing Additional Studies/Errata
Subtotal Additional Studies
Additional LSA Fees to Prepare Response to Comments
$1,000
$ 1,500
$ 800
$ 500
$1,100
$ 900
S11,800
LSA Time Needed to Complete RTC $13,900
LSA Time Needed to Revise RTC after City /Applicant Review $200
RTC Coordination /DistnbutiowSbawgies
Subtotal Response to Comments $16,200
rage 5/ 7
Grand Total 52800
— $6,000 Budget increase approved
22,000 1/10/00 .
As discussed with you at our most recent meeting, LSA has proceeded in good faith, providing the
City with a thorough set of responses to the unexpected level of comments on the Draft EIR. In
December and again in early January, I made a speck point of informing you of the magnitude of
the effort we would make on behalf of the City in preparing the responses to comments. I have
attached a copy of the responses and the other products delivered to the City within the very
demanding schedule required by the City. As I indicated above, an extraordinary effort by several of
our staff was required to produce the documents requested by the City. We hope the City also
recognizes the inherent value in the environmental documentation prepared by LSA and that it forms
a defensible basis enabling the OR to move forward to be considered for certification by the City
Council.
3i3/a0iCFxWa8.1ARUDMMTC bvegca.wpd)) 5
S e'nk by tl,5p
r
"r we 19:55a%
1SA 4SSOCInTss. 194.
Fro% 949553897 146443258
oa9e 6, 7
We look forward to finalizin; our contract to prepare the Final FIR. Please do not hesitate to contact
me if you have any questions.
Sincerely,
LS. CIATES, INC.
o rt W. Bslen
Principal
cc: Sharon Wood
Patrick Alford
Les Card, P.E., CEO
Rob McCann, President
Attachments: Table of Hours Expended
FEIR Package
35/00 (P- A0M83A9U➢GEMTc bWpt3.wp &)
Sent by:LSN A,01 -00 10:55.. Prow 949553817146443250 page
DELIVERABLES
Month Staff Hours
1 /14100 SC Bayside Drive Gate Access Study
January
Tony C.
4.00
January
Paul N.
4.75
January
Steve
20.00
Rob
3.00
January
I/28100 Final Gate Access Study
January
Steve
3.00
1217199 Initial Draft RTC
November
Steve
21.50
December
Steve
73.00
December
Deby
21.00
1/28100 Draft RTC
January
Steve
60.00
January
Deby
60.00
January
Rob
50.00
2J3/2000 Draft NZIRP
January
Steve
3.00
January
Rob
1.00
2/3 /00 Draft Errata
January
Steve
10.00
January
Deby
1.00
January
Rob
2.00
2/3100 Draft Service Drive/M[HP Addendum
January
Steve
12.00
January
Rob
2.00
Word Processing - January through February 15
January
68.50
February
14.25
3r/ 00 ((P:iCN083441dmi"TCBudg- Stat�-*PdN
LI Pc�Ri DU 3
April 3, 2000
Mr. Patrick Alford, Senior Planner
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: Newport Dunes Project
Dear Mr. Alford:
Although we have serious concerns about the way LSA has handled the administration of the
contract for preparation of the Newport Dunes EIR, we think it best at this point to move
forward and complete the project.
Therefore, we are in agreement that the city should proceed with the contract amendment
request as set forth in LEA's letter of March 3, 2000, and as further addressed in their letter of
April 3, 2000.
Please call if you have any questions or need anything else from me on this matter.
Sincerely
Ron
Chief Financial Officer & General Counsel
RHG:rh
1131 Back Bay Drive -Newport Beach, Uifumia 92660 • (71d) 729 -DUNE
(33-)
p� CITY OF' NEWPORT BEACH
OkaE�/ "'Yp COMMUNITY AND ECONOMIC DEVELOPMENT Hearing Date: - January 25, 2000
PLANNING DEPARTMENT Agenda Item No.: 15
u :
3390 NEWPORT BOULEVARD Staff Person: Patrick J. Alford
{OpNT NEWPORT BEACH, CA 9260 (949) 644 -3235
(949) 644-32°°; FAX (949) 644-5250
REPORT TO THE MAYOR AND CITY COUNCIL 2
SUBJECT: Newport Dunes Resort Environmental Impact Report
SUMMARY: An amendment to the professional services agreement for consultuig ^
services to prepare an environmental impact report for the Newport Dunes
Resort project.
SUGGESTED
ACTION: Approve the amendment to the professional services agreement with LSA
Associates for the preparation of an environmental impact report for the
Newport Dunes Resort project.
Background
On September 28, 1998, the City Council approved a professional services agreement with LSA
Associates for the preparation of an environmental impact report for the Newport Dunes Resort
project. The agreement set the costs for these services at $79,500.00.
On October 21, 1998, the Acting City Manager approved an amendment to the agreement. The
amendment was necessary to expand the scope of work to address new water quality issues and to
provide an additional $17,500 in compensation to the consultant. The Acting City Manager was
authorized to approve the amendment under City Council Policy F -3 because the increase was less
than twenty five percent (25 %) of the original agreement.
On April 23, 1999, the Planning Department received a budget augment request from the consultant
for an additional $17,000 for additional technical studies. These studies consisted of additional
traffic and parking analysis relating to weekend activities and special events and functions that may
be conducted on the project site. This new information, in turn, required revisions to the noise
analysis and air quality analysis, since both of these studies are based on estimated traffic volumes.
This request, along with the previous amendment, exceeded twenty five percent (25 %) of the
original agreement and was submitted to the City Council for approval pursuant to City Council
Policy F -3. On May 24, 1999, the City Council approved this amendment to the agreement, which
established the new contract amount at $114,000.
On November 17, 1999, the City Manager approved an amendment to the agreement. The
amendment was necessary in order to compensate the consultant in the amount of $22,000 for
additional printing and labor costs. The additional labor costs resulted from the analysis of
additional technical studies conducted to address issues raised during the public review period.
These technical studies included an additional parking analysis, shadow studies, and entrance
alternatives. The additional printing costs were due to multiple printings of the screen check EIR
and the inclusion of additional color exhibits and foldouts. The City Manager was authorized to
0 0
approve the amendment under City Council Policy F -3 because the increase was less than twenty
five percent (25 %) of the amendment to the agreement approved by the City Council on May 24,
1999.
On January 7, 2000, the City Manager approved another amendment to the agreement. The
amendment was necessary in order to compensate the consultant in the amount of $6,000 for
additional technical studies. These studies were in response to a new, alternative design for the
improvement of Bayside Drive proposed by the applicant, which required supplemental traffic,
noise, and air quality analysis. The City Manager was authorized to approve the amendment under
City Council Policy F -3 because the increase was less than twenty five percent (25 %) of the
amendment to the agreement approved by the City Council on May 24, 1999.
Analysis
The amendment is necessary to compensate the consultant for additional costs incurred during the
preparation of the Newport Dunes Resort Environmental Impact Report (EIR). These additional
costs were due to changes in the project design proposed by the applicant, which required
additional technical studies and analysis by the consultant. Also, the City received an unusually
large number of comments from the public on the draft EIR and drafting responses to these
comments required additional studies and more time than was budgeted for in the original
agreement. Finally, there were additional printing costs associated with these tasks.
To address the costs associated with additional review and analysis and to complete the EIR, the
applicant has agreed to pay an additional $12,900 in compensation to consultant.
Submitted by: Prepared by:
SHARON Z. WOOD PATRICK J. ALFORD
Assistant City Manager Senior Planner
Attachments: PSA AmendmentNo. 5.
Newport Dunes PSA Amendment
May 24, 1999
Page 2
. •
AMENDMENT NO. 5
PROFESSIONAL SERVICES AGREEMENT
Newport Dunes Environmental Impact Report
THIS AMENDMENT NO. 4 TO CONSULTANT AGREEMENT, made and entered into this 25th
day of January, 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY') and LSA Associates. Inc., whose address is One Park Plaza.
Suite 500, Newport Beach. California 92614 -5981 (hereinafter referred to as "CONSULTANT") is made
with reference to the following:
RECITALS:
A. On September 28. 1998. a Consultant Agreement was entered into by and between
CITY and CONSULTANT, hereinafter referred to as "AGREEMENT."
B. On November 2. 1998, an amendment to the AGREEMENT was executed by CITY
AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1."
C. On May 24. 1999, an amendment to the AGREEMENT was executed by CITY AND
CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2."
D. On November 17. 1999, an amendment to the AGREEMENT was executed by CITY
AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 3."
E. On January 10. 2000, an amendment to the AGREEMENT was executed by CITY AND
CONSULTANT, hereinafter referred to as "AMENDMENT NO. 4."
F. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by
AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4,
as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant's scope of services shall remain the same and shall be in full force and effect as
set forth in AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT
• NO. 3, and AMENDMENT NO, 4
i
Except as expressly modified herein, all other provisions, terms, and covenants set forth in
AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT NO. 3, and
AMENDMENT NO. 4, shall remain the same and shall be in full force and effect.
2. COMPENSATION TO CONSULTANT
Consultant's compensation shall be increased by twelve thousand, nine hundred dollars
($12,900.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT
NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO.4 shall not exceed the total
contract price of one hundred and fifty -four thousand, nine hundred dollars ($154,900.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the
date first above written.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH,
a municipal corporation
Homer Bludau
City Manager
CONSULTANT
BY:
2
Robert W. Balen
LSA Associates, Inc.
0
7
0
AMENDMENT NO.3
PROFESSIONAL SERVICES AGREEMENT
Newport Dunes Environmental Impact Report
THIS AMENDMENT NO. 3 TO CONSULTANT AGREEMENT, made and
entered into this Vth day of November, 1999, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA
Associates, Inc., whose address is One Park Plaza, Suite 500, Newport Beach,
California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made with
reference to the following:
RECITALS:
A. On September 28, 1998, a Consultant Agreement was entered into by
and between CITY and CONSULTANT, hereinafter referred to as
"AGREEMENT."
B. On November 2. 1998. an amendment to the AGREEMENT was executed
by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1."
C. On May 24. 1999, an amendment to the AGREEMENT was executed by
CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2."
D. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as
amended by AMENDMENT NO. 1 and AMENDMENT NO. 2, as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant's scope of services shall be amended to include that the
Consultant will attend three (3) additional public meetings/hearings for a total of six (6)
public meetings/hearings.
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT, as amended by AMENDMENT NO. 1 AND AMENDMENT
NO. 2., shall remain the same and shall be in full force and effect.
I
9 0
2. COMPENSATION TO CONSULTANT
Consultant's compensation shall be increased by twenty -two thousand dollars
($22,00.00) for all work performed in accordance with AGREEMENT, as amended by
AMENDMENT NO. 1 and AMENDMENT NO. 2, and for additional work associated with
the completion of Task 4 as described Exhibit "A," attached hereto and incorporated
herein by reference, shall not exceed the total contract price of one hundred and thirty -
six thousand dollars ($136,000.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 3 on the date first above written.
QW&O � . • -
ATTEST:
LaVonne Harkless
City Clerk
2
CITY OF NEWPORT BEACH,
a municipal corporation
BY: 944W Z—AAIS i
Homer Blu au
City Manager
CONSULTANT
BY: A"' /T / �,—
Robert H. McCann
LSA Associates, Inc.
o
:4- Cep- - C -3x35
AMENDMENT NO.2
PROFESSIONAL SERVICES AGREEMENT
Newport Dunes Environmental Impact Report
THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and
entered into this 24th day of May, 1999, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA
Associates. Inc., whose address One Park Plaza, Suite 500, Newport Beach,
California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made with
reference to the following:
RECITALS:
A. On September 28. 1998, a Consultant Agreement was entered into by
and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT."
B. On November 2. 1998. an amendment to the AGREEMENT was executed
by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1."
C. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as
amended by AMENDMENT NO. 1, as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant's scope of services shall remain the same and shall be in full
force and effect as set forth in AGREEMENT, as amended by AMENDMENT NO. 1.
I
2. COMPENSATION TO CONSULTANT
Consultant's compensation shall be increased by seventeen thousand dollars
($17,00.00) for all work performed in accordance with AGREEMENT, as amended by
AMENDMENT NO. 1, and shall not exceed the total contract price of one hundred and
fourteen thousand dollars ($114,000.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 2 on the date first above written.
APPROVED AS AO FORM:
Ao��—
Robin Clauson
Assistant City Attorney
ATTEST:
&h,y z� J-kr) . �.larQ9:2
LaVonne Harkless
City Clerk T\
CITY OF NEWPORT BEACH,
a municipal corporation
BY: ,w/
'Homer Bludau
City Manager
CONSULTANT
BY: /14/ "4/
Rnhet - W -Balea Robert H. McCann
USA- Associates, Inc.
0
CITY OF NEWPBEACH
COMMUNM AND OMIC DEVELOPMENT
PLANNING DEPARTMENT
3" NEWPORT BOULEVARD
NEWPORT BEACH, CA 0655
(949) 644-5 FAX (949) 644-5
Hearing D
Agenda Item No.:
Staff Person:
May 24, 1999
15
Patrick J. Alford
REPORT TO THE MAYOR AND CITY COUNCIL MAY 2 4,
SUBJECT: Newport Dunes Hotel and Time -Share Resort Environmental
�L
SUMMARY: An amendment to the professional services agreement for consulting services to
prepare an environmental impact report for the Newport Dunes Hotel and Time -
Share Resort project.
SUGGESTED
ACTION: Approve the amendment to the professional services agreement with LSA
Associates for the preparation of an environmental impact report for the Newport
Dunes Hotel and Time -Share Resort project.
Background
On September 28, 1998, the City Council approved a professional services agreement with LSA
Associates for the preparation of an environmental impact report for the Newport Dunes Hotel and Time -
Share Resort project. The agreement set the costs for these services at $79,500.00.
On October 21, 1998, the Acting City Manager approved an amendment to the agreement. The
amendment was necessary to expand the scope of work to address new water quality issues and to provide
an additional $17,500 in compensation to the consultant. The Acting City Manager was authorized to
approve the amendment under City Council Policy F -3 because the increase was less than twenty five
percent (25 %) of the original agreement.
On April 23, 1999, the Planning Department received a budget augment request from the consultant for
an additional $17,000. This request, along with the previous amendment, would exceed twenty five
percent (25%) of the original agreement and must be submitted to the City Council for approval pursuant
to City Council Policy F -3.
Analysis
The amendment is necessary to compensate the consultant for additional costs incurred during the
preparation of the Newport Dunes Hotel and Time -Share Resort Environmental Impact Report (EIR).
Additional work was required by the consultant because of revisions to some of the technical studies that
occurred after the awarding of the original contract. Also, the applicant has continued to refine the
planned community development regulations and the design guidelines proposed for the project. This
required additional review and analysis by the consultant that was not provided for in the original
contract.
Based on community input received when the project was first submitted for public comments, it was
determined that additional traffic and parking analysis was necessary. The City's traffic consultant was
directed to provide additional data and analysis on traffic generation and parking demand associated with
weekend activities and special events and functions that may be conducted on the project site. This new
information, in turn, required revisions to the noise analysis and air quality analysis, since both of these
studies are based on estimated traffic volumes.
The consultant's original budget estimates were based on the assumption that traffic, noise, and air quality
technical studies were complete. The additional review and analysis of these technical studies required
significant rewriting of the corresponding sections of the EIR that resulted in cost overruns.
The applicant also experienced difficulty in preparing the planned community development regulations
for the project. On his own volition, the applicant hired a new consultant to prepare the draft regulations
and to add a set of design guidelines. This resulted in considerable delay in the submission of the final
draft document.
The late submission of the development regulations and the addition of design guidelines required the
consultant to make significant revisions to the project description, land use, and visual quality sections of
the EIR. These revisions were not anticipated in the original budget estimates and resulted in additional
cost overruns.
To address the costs associated with additional review and analysis and to complete the EIR, the City, the
consultant, and the applicant have agreed to provide an additional $17,000 in compensation to consultant.
This will bring the total contract cost of the EIR to $114,000. The applicant is responsible for the full cost
of the EIR. 0
Submitted by: Prepared by:
SHARON Z. WOOD PATRICK J. ALFORD
Assistant City Manager Senior Planner
;Joel
Attachments: PSA adment No. 2.
Newport Dunce PSA Amendment
May 24, 1999
Page 2
0
AMENDMENT NO.2
PROFESSIONAL SERVICES AGREEMENT
! Newport Dunes Environmental Impact Report
THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and
entered into this 24th day of May, 1999, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA
Associates. Inc., whose address is One Park Plaza, Suite 500, Newport Beach,
California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made with
reference to the following:
RECITALS:
A. On September 28. 1998. a Consultant Agreement was entered into by
and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT.".
! B. On November 2.1998, an amendment to the AGREEMENT was executed
1]
by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1."
C. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as
amended by AMENDMENT NO. 1, as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant's scope of services shall remain the same and shall be in full
force and effect as set forth in AGREEMENT, as amended by AMENDMENT NO. 1.
i
3
0 0
2. COMPENSATION TO CONSULTANT
Consultant's compensation shall be increased by seventeen thousand dollars
($17,00.00) for all work performed in accordance with AGREEMENT, as amended by
AMENDMENT NO. 1, and shall not exceed the total contract price of one hundred and
fourteen thousand dollars ($114,000.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 2 on the date first above written.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
2
CITY OF NEWPORT BEACH,
a municipal corporation
AW
Homer Bludau
City Manager
CONSULTANT
MM
Robert W. Balen
LSA Associates, Inc.
q
0
LJ
C 3a35
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
Newport Dunes Environmental Impact Report
THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and
entered into this 2nd day of November, 1998, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA
Associates, Inc., whose address One Park Plaza, Suite 500, Newport Beach,
California 92614 -5981 thereinafter referred to as "CONSULTANT ") is made with
reference to the following:
RECITALS:
A. On September 28, 1998. a Consultant Agreement was entered into by
and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT."
B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as
provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant's scope of services shall be amended to include the duties set
forth in Exhibit 'A" attached hereto and incorporated herein by reference.
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain the same and shall be in full force and effect.
2. COMPENSATION TO CONSULTANT
Consultant's compensation shall be increased by seventeen thousand, five
hundred dollars ($17,500.00) for all work performed in accordance with the
1
0
AGREEMENT as amended in Paragraph 1 and shall not exceed the total contract price
of ninety -seven thousand dollars ($97,000.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
APP S TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH,
a municipal corporation
BY:/iv.� c�
Dennis Danner
Acting City Manager
CONSULTa4MT
o
LSA Associates, Inc.
Principals
RDfI Men
Sena Brady
Lct Card
D.: ..:d Clom
Ro;s Dobberteen
Gnmhohn
R(d:ard H:oircher
Roger H.mn
Ar: Humrigbaasen
Lam Kennings
L,t:,ra Latler
C ,olhm Lobdl
8:2.11a vet
Rou .tfcC.+nn
.i•::Lmny Petrns
Rcb Schonbolrz
.I;.dm(m J. .Sprotrl
.i,; ocea re,
Ja -n's Ba:un
Can.ae cart,
Nc'en 1f: Conkling
G.:rr D,,»
Jack Easton
Ra ,,,d Erickson
Ke: in Pincher
C:nr Kett,,"
& w,,n Lec
J:,Jirb H. ilabonw
.S.. bnna Airholls
Jl. 1[i "Bi11" O'Conccil
Deh,nah Pracillin
.i nm skew e; -cox
Liners, stanthin,t
01 tt dson
Lloyd B. iota
LIJL 1 >•'• '•' DEPARThiEN
=:i 10 U8
PM
718,91-4 0111,12,11213141516
October 16, 1998
Patrick Alford, Senior Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658-8915
LSA Associates, Inc.
E=ironmental Analysis
Transportation Engineenng
Biology and Wetlands
Habitat Restoration
Resource -Management
Community and Land Pun..:ng
Landscape Architeaure
Arcbaeology and P,Ieonmd ,,
Subject: Revised Scope of Work and Budget Augment to Address New-
port Dunes Hotel Water Quality Issues
Dear Patrick:
Thank you for attending last Thursday.s meeting at John M. Tettemer Associates
to discuss water quality issues related to preparation of the Newport Dunes
Hotel Environmental Impact Report_ At the meeting, we discussed how to
address the concerns raised by the Orange County and the Regional Water
Quality Control Board. It was decided that Tettemer Associates would be
retained under contract with LSA Associates, Inc. (LSA) to respond to these
concerns. As this work is not included in our current scope of work, the pro-
ject scope of work and budget must be revised accordingly. The work to be
conducted is outlined below, and is more specifically described in the attached
proposal from Tettemer Associates:
A review of past water quality studies, hydrologic and hydraulic analy-
ses, and other related studies related to the Newport Bay.
Preparation of a Drainage Water Quality Management Plan that summa-
rizes the literature review and highlights the structural and non- struc-
tural Best Management Practices (BMPs) for managing water pollutants
generated by the site. This material will be used in the environmental
analysis section of the EIR. and will also be included as an attachment to
the document.
TettemerAssociates proposes to complete the above tasks within four weeks of
the authorization date for a cost not to exceed $14,500. Their proposal is
attached. LSA will work with Tettemer Associates to prepare these materials, as
outlined in their proposal. In order to assist Tettemer Associates, oversee the
work, and cover costs already incurred related to this issue, including our
October 8, 1998, meeting, it is estimated that this will result in an additional
$3,000 in LSA labor time in excess of our previous budget.
10/ 1698 «P:\CNW34\BUDGE PHYDROAt'G.LTR-
Otte Park Plaza, Suite 500 Telert -one 949 Other ol:fires located in Berkeley
(vine, California 92614-59 81 facsimile 949 5 55 -; : -n Pt. Richmond, Riversid4a+rrt_SaaarT"A"
f- mailir•irr.sa�JU- _:::.:cm NiiXj-j1�11SS��,.�1
0
• LSA.isux�:e, Inc.
Therefore, the total estimate for completion of the above tasks for the Newport
Dunes Hotel Environmental Impact Report is $17.500. In order to begin this
work, your authorization for these additional expenses would be appreciated at
your earliest convenience.
Please call either Rob Balen or me at (949) 553 -0666 if you have any questions
regarding the above tasks or the budgets associated with them.
Sincerely,
LSA ASSOCIATES, INC.
Steven D. Ross, AICP
Project Manager
Attachments
10/1698KP: \CNB834 BLt)GFrHMR0AL'G.LTR-
EXHIBIT "A"
2
A 2E6;b2f
JannrerrereaenssoaAresua
October 14, 1998 Orv6 On p! @ Prp COm111—
Mr. Rob Balen
LSA Associates, Inc.
One Park Plaza, Suite 500
Irvine, CA. 92614
Dear Rob:
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This letter presents our Scope of Work and Fee Estimate to develop and prepare a Drainage
Water Quality Management Plan ( DWQMP) for the Newport Dunes Hotel project. We
propose to evaluate and recommend, in our DWQMP report, appropriate structural and non-
structural Best Management Practices (BMPs). Such BMPs will be based on the County's
Drainage Area Management Plan criteria and will be sufficient to mitigate project pollutants
to the maximum extent practical. The DWQMP will be part of the Environmental Impact
Report your office is currently preparing for the subject project. Our Scope of Work and fee
estimate is enclosed for your review. Our total estimated fee is $14,500.
We propose to bill on a time and materials basis in accordance with the attached fee schedule.
We will not exceed our estimated total fee without your advance approval.
We are available to review our Scope of Work with you at your convenience. We appreciate
the opporbmity to work with you on this challenging project. Should you have any questions,
please feel free to call me or Alan Swanson.
Sincerely,
Max Vahid�
President
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Enclosures
cc: Mr. Patrick Alford, City of Newport Beach
ENGINEERING MANAGEMENT "MMIMG
5151 Airway Avenue, Suite Q -1 Costa Mesa, California 92626 714 434.9080 • FAX 714 434 -6120 • Email jmta@pacbell.net
EXHIBIT "A"
John M. Tettemer & Associates, Inc.
Newport Dunes Hotel
Preparation of
Drainage Water Quality Management Plan
Scope of Work and Fee Estimate
This Scope of Work identifies the individual Tasks and estimated fees to prepare a Drainage
Water Quality Management Plan (DWQMP) for the proposed Newport Dunes Hotel. The
DQWMP will be prepared in accordance with the standard format as described in the County
of Orange Drainage Area Management Plan (DAMP) criteria or revised as per the City of
Newport Beach requirements. The tasks and estimated fees are as identified below.
Task Estimated
No. Description Fee
Data Collection and Review
This task provides for collection and review of available data,
including the following:
• Hydrologic and Hydraulic Analyses
• Site Development Plan(s)
• Existing drainage conditions
• Applicable structural Best Management Practices (BMPs) for
this site
• Water quality reports and related in -bay and in- lagoon studies
• OCEMA related files
• Other related information such as previous development
agreements and related water quality conditions
$ 2,270
2. Development of Structural and Non-Structmal BMPs; for the $ 3,960
Hotel site
This task provides for the identification of specific on -site structural
BMPs which will mitigate, to the maximum extent practical, the
generation of pollutants from the project area. This task also provides
for the identification of non - structural BMP's which will be
specifically applicable to the site. Activities within this task will
utilize the results of Task No. I to select those structural BMP's which
represent the current state -of- the -art in control and management of
pollutants commonly generated from similar commercial sites.
EXHIBIT "A"
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Task Estimated
No. Description Fee
3. Prepare DWQMP Report $ 6,060
This task provides for preparing the draft and final DWQMP reports
in the appropriate format. The text will summarize the development
of applicable structural and non - structural BMPs and will include
graphics showing the siting of the structural BMP's based on the most
current conceptual site plan The intended purpose of each BMP will
be described in the report. This task includes incorporating
appropriate comments received by the County of Orange, City of
Newport Beach and LSA Associates, Inc. (LSA) into the final report.
4. Review of EIR Documentation $ 445
This task provides for a review and preparation of written comments
on water quality related text prepared by LSA. It is estimated that a
total of four hours of Project Manager and 1 hour of Administrative
Assistant time will be required for this task.
5. Meetings $ 1,180
This task provides for four anticipated team meetings identified as
follows:
• One coordination/data gathering meeting with Adams Streeter
Civil Engineers, Inc.
• Two coordination/progress meetings with LSA
• One meeting with the Project Team
Meetings will be attended by JMTA's assigned Project Manager and
the Project Engineer. Estimated fees are based on 1 hour of
preparation by the Project Engineer and 1 hour of meeting time by
both Project Manager and the Project Engineer for each of the four
meetings.
6. Reimbursable Expenses $ 400
This task provides for finding reimbursable costs such as identified on
the attached fee schedule.
Total Estimated Fee $14,315
Say $14,500
EXHIBIT "A"
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JOHN M. TET UMER & ASSOCIATES, INC.
A Division of The Keith Companies, Inc.
Principal S 130.00
Senior Project Manager $ 110.00
Project Manager S 100.00
Project Engineer S 95.00 -
Director, Environmental Services S 94.00
Assistant Project Engineer /Manager S 85.00
Design Engineer S 70.00
Environmental Services Staff S 70.00
CADD Designer S 65.00
Draftsman/Environmental Planner S 50.00
Administrative Assistant S 45.00
Expenses such as special project supplies and materials; food, lodging and transportation
(other than auto mileage) for time away from the area of our office; telephone; outside
reproduction; courier /express mail; and other costs directly applicable to the project will
be charged at cast.
Auto mileage will be charged at $0.325 per mile. Computer processing time will be
charged at $19.00 per hour. Normal xeroxing will be charged at $0.06 per page. 2510
Xerox will be charged at $0.50 per square foot for bond, $0.75 per square foot for vellum,
and $1.50 per square foot for mylar. CADD plotting will be charged at 52.00 per square
foot for bond, $2.25 per square foot for vellum, and $4.50 per square foot for mylar. Fax
transmittals will be charged at $1.00 per page.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 28"' day of September, 1998, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and LSA Associates, Inc. whose address is One Park Plaza, Suite 500,
Irvine, California, 92614, (hereinafter referred to as "Consultant "), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to prepare and process an environmental impact report for the
Newport Dunes Resort ( "Project').
C. City desires to engage Consultant to provide environmental services for
the project upon the terms and conditions contained in this Agreement.
D. The principal member of Consultant, are for purpose of this Project, Mr.
Robert W. Balen.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of October,1998,
and shall terminate when the City Council takes final action on the environmental impact
report, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the.total contract
price of seventy-nine thousand, five hundred dollars ($79,500.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit invoices to City payable by City within thirty (30)
days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and/or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the community professional
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standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is in
compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Mr. Robert W. Balen to be its
Project Manager. Consultant shall not remove or reassign the principal members
identified in the Recitals or assign any new or replacement person to the Project without
the prior written consent of City. City s approval shall not be unreasonably withheld with
respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of Cityi 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.
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8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule, may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each parry hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
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.
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12. HOLD HARMLESS
Consultant shall indemnity, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from -any and all acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence of City, or its employees, or other contractors, excepting
only the sole negligence or willful misconduct of City, its officers or employees, and shall
include attorneys' fees and all other costs incurred in defending any such claim.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business 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 Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance .covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
one million dollars ($1,000,000.00) combined single limit per occurrence
for bodily injury, personal injury and property damage. If commercial
.general liability insurance or other form with a general aggregate is used,
either the general aggregate shall apply separately to this Project, or the
general aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of one million dollars
($1,000,000.00) combined single limit per accident for bodily injury and
property damage.
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D. 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 ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either parry, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give 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,
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 for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint - venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City s sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this
Agreement by City or persons other than Consultant is waived against Consultant and
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City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy of
all existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without independent review or
evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
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percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional design, construction and/or a restoration expense shall be bome by
Consultant. Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
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 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.
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 City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
L
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LSA ASSOCIATES, INC. CONFLICT OF INTEREST LIST
Rob Balen
Santa Ana Unified School District
School District Board of Trustees
12/1/89 to 12/31/98
0Z'2 960AVALEMV"EMGNFLJCr.1S )
• •
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200 (Voice)
(949) 644 -3229 (Fax)
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc.
One Park Plaza, Suite 500
Irvine, CA 92614
(949) 553 -0666 (Voice)
(949) 544 -3067 (Fax)
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that parry shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting parry written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by 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
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agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin lauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: /�` <`c 7 nL m . �_llcrf2J�
LaVonne Harkless
City Clerk
08 -18-98
CITY OF NEWPORT BEACH
A Municipal C rp ration
By:
Mayor Thomas Edwards
for the City of Newport Beach
CONSULTANT
By: z" // � C�--- --
10
PROPOSAL TO
PREPARE AN
ENVIRONMENTAL
IMPACT REPORT FOR
NEWPORT DUNES
HOTEL
September 18, 1998
Prepared for.
City of Newport Beacb
0
PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT
FOR NEWPORT DUNES HOTEL
September 18, 1998
Prepared for.
City of Newport Beacb
Attu Mr. Patrick Alford
Prepared by:
LSAAsmciateg Inc-
] Park Plaza, Suite 500
hvine, California 92714
(714) 553.06W
. • LS4 Atrodate% I=
PAGE
SECTION 1.0 SCOPE OF SERVICES . ............................... 1
PROJECT APPROACH .............. ..............................1
Task 1: Project Initiation ..... .............................. 1
Task 2: Initial Study/Environmental Checklist/Notice of Preparation . 1
Task 3: Screencheck EIR .... ............................... 1
Task 4: Draft EIR .......... ............................... 2
Task 5: Final EIR .......... ............................... 2
PROJECT NANAGEMENT/ATTENDANCE AT MEETINGS ................ 3
PRODUCTS ...................... ..............................4
SPECIFICATIONS REGARDING WORK TO BE DONE BY CONSULTANT
AND WORK TO BE DONE BY THE CITY ....................... 4
TECHNICAL APPROACHMMODOLOGY ...........................5
Traffic Analysis ............ ............................... 5
Air Quality and Noise Impact Assessment ...................... 5
LandUse .................. ..............................5
Recreation/Access and Coastal Act Consistency .................. 6
Public Services/Energy/Utilities .............................. 6
Consistency with Water Resource Management Plans ............. 6
Hydrology................. ..............................6
Biological Resources ........ ..............................7
Potential Hazards Associated with Grading ..................... 7
Aesthetic and Visual Impact Analysis .......................... 7
Cumulative Impacts ........ ............................... 9
Growth Inducing Impacts ... ............................... 9
Effects Found Not to be Significant ........................... 9
Alternatives ................ ..............................9
SECTION 2.0 BUDGET .......... ............................... 10
SECTION 3.0 PROPOSED PROJECT SCHEDULE ...................... 10
A'TPACEINOMS
A - Schedule of Contract Provisions and Billing Rates
B - Proposed Project Schedule
9n7i9W:VZW634V&'WF0RTYR0* iii
SECTION 1.0 SCOPE OF SERVICES
This scope of work is to prepare a Focused Environmental Impact Report (EIR)
for the Newport Dunes Hotel in the City of Newport Beach. The work effort
will include the following tasks.
PROJECTAPPROACH
Task 1: Project Initiation
LSA will meet with City Planning Department staff to define and finalize the
project description, develop a mutual understanding of the issues and impacts
of the project, and refine the level of detail required in the EIR LSA proposes
to incorporate as much of the analysis in the previously prepared Negative
Declaration as possible
During the project initiation task, LSA will review existing information and the
Initial Study and Notice of Preparation with City staff to focus on the issues
necessary to cover in the EIR, prior to proceeding with detailed document
preparation (Tasks 3 and 4). This will include more specific details to be added
to the description of alternatives to be analyzed.
During this phase, it is also important to establish clear and concise project
objectives. Project benefits and City objectives for the project should be intro-
duced into the public record in the EIR, as provided by CEQA These project
objectives will be used throughout the EIR to measure impacts and weigh
project alternatives. In addition, overriding considerations may be required
that will need to address project objectives.
Task 2: Initial Study /Environmental Cbeckliwlfttice of Preparation
LSA will review the Notice of Preparation (NOP) prepared by the City for the
proposed project. The NOP can be used to help focus the issues to be ad-
dressed in the EIR and the reasons and rationale for excluding environmental
topics from further analysis in the EIR The NOP contains a description of the
analysis to be provided in the EIR, and the reasons for determining that some
effects would not be significant.
Task 3: Screencbeek EIR
LSA will prepare a Scrcencheck EIR for review by the City. The detailed tech-
nical investigations and methodologies for each environmental topic are de-
scribed in further detail later in this proposal.
The document will contain all applicable environmental components required
by CEQA, including Introduction, Background, Project Description/
Characteristics and Discretionary Approvals; Setting, Impacts, and Mitigation
and CEQA topics (i.e., Growth Inducement), Alternatives, and lists of referenc-
9mM%F --\ NB&%WEWPOR7.PR0»
El
• Lt4.4fJOdates. hw.
es, persons consulted, and Ent preparers. The Screencheck that is submitted to
the City will not include an Executive Summary Section, so as to save time on
the schedule and avoid redundant reviews. After this review and approval of
the Screencheck is accomplished, a second Screencheck document, with the
Executive Summary included, will be provided to the City for final review.
Task 4: Drq# EIR
LSA will meet in a workshop format with City departments to receive comments
on the Screencheck Draft EIR. Rob Balm Principal in Charge, will attend this
workshop. This meeting will provide a clear understanding of the City's
expectations for the Draft EIR and will provide a forum to resolve all issues in
an expedited manner that will avoid multiple rounds of review, correction, and
re- review.
Aker receiving comments on the Screencheck Draft EIR, the LSA team will make
necessary revisions to the document and supporting technical studies.
We will provide a pre -print version of the Draft EIR to the staff for a limited
final review prior to printing the Draft EIR The purpose of this review will be
to review the Draft EIR to ensure that the City is satisfied with the new and
revised text. At the pre-print stage, no substantive changes to technical analyses
or EIR conclusions are provided for in the schedule or budget
Prior to completion of the Draft EIR, LSA will work with the City to compile the
distribution list, and will prepare a draft Notice of Completion for City review
and signature. Concurrent with preparation and printing of the Draft EIR, LSA
will prepare mailing envelopes and certified mail forms (a total of up to 20 is
specified). LSA will utilize a delivery service or Federal Express to ensure that
State Clearinghouse copies are clocked in on schedule. If necessary, LSA Sacra-
mento staff will deliver copies directly to the Clearinghouse in order to meet
the proposed schedule.
LSA will distribute the Draft EIR (20 copies to be distributed by LSA) to the
agencies, groups, and individuals on the distribution list. Ten copies for the
City's use and placement in libraries will be delivered to City Hall.
A Notice of Availability of the Draft EIR will be provided to the City for place-
ment in one general circulation newspaper. LSA will provide a photo ready dis-
play ad to the City.
Task 5. Final EM
Response to Commenft Proposed Final EIR
As comments on the Draft EIR are received during the public review period,
LSA will prepare responses to those comments. City assistance is specified in
this task. The responses will be assembled into the response to comments
component of the Final EIR and submitted to the City for review. Because the
9n7,984W:VCNW34VMWPOaT.FBO•
s LSA w-
extent of public and agency comments are not known at this time, it is ex-
tremely difficult to accurately predict the level of effort necessary to respond to
those comments. A maximum of 40 LSA staff hours it specified for this task.
Should additional time be necessary to prepare responses to comments, a
budget adjustment may be necessary.
Following City review of responses to comments, LSA will prepare a proposed
Final EIR, which will consist of responses to comments and supporting
appendices material, as well as any modifications that may need to be made to
the Draft EIR document, specified to be accomplished through preparation of
an errata or addendum document, if deemed necessary by mutual agreement of
LSA and the City. A revision of the Draft EIR that incorporates corrections/
modifications resulting from the Responses to Comments is not provided for in
this scope of work and budget.
Mitigation Monitoring Program
Once the Draft EIR is distributed, pursuant to California Public Resources Code
Section 21081.6, LSA will prepare a mitigation monitoring program. The moni-
toring program is intended to ensure that conditions are implemented during
construction. The monitoring program will contain an inventory of mitigation
measures, timing for implementation (e.g., prior to issuance of grading per-
mits), the responsible City staff assigned to monitor the condition, and a com-
pliance/non -compliance statement.
Findings of Fact; Statement of Overriding Considerations
LSA will prepare findings of fact supporting the conclusions of the proposed
Final EIR to be incorporated into a resolution certifying the Final EIR as ade-
quate and complete. If the EIR identifies significant unavoidable impacts, LSA
will also prepare a Statement of Overriding Considerations. These documents
will be pattemed after existing City documents, will meet the requirements
contained in Sections 15091 through 15093 of the State CEQA Guidelines, and
will fully address all facts and findings, project benefits, and project impact and
benefit balancing considerations required of a statement of overriding consider-
ations.
PROJECT MANAGEMENT /ATTENDANCE AT MEEI7NGS
LSA proposes an active project management of the EIR effort, in coordination
with City stafE LSA will follow our well defined and rigorous Quality Control
Plan and Procedures adopted by our Principals in October, 1993. Of primary
importance in this task are meetings required with City staff and representatives
of the applicant to review work progress and identify concerns and issues
throughout the process. The project management role provides a mechanism
to ensure that there is adequate exchange of information developed during
project start -up and throughout preparation of the EIR Important elements of
this task will be to maintain the project schedule, control the budget' coordi-
9/17M-PXKM34WE' WPORT.PRW
PRODUCTS
,i rs,.,s=a arm r,-
nate subconsultants, and facilitate the Citys oversight of the preparation of the
DEIR and FOR. Since there is a substantial amount of information that is avail-
able under the previous environmental work effort, the number of coordina-
tion meetings that would be required is greatly reduced. LSA specifies no more
than four coordination meetings, averaging two hours duration.
LSA commits that a qualified Associate or Principal will be available for con-
tracted meetings and hearings. The Project Manager and Principal in Charge,
Mr. Rob Balen, will attend up to three public meetings/hearings and the speci-
fied coordination meetings. Mr. Balen has a conflict on the second and fourth
Tuesdays of each month through November 30, 1998, and is not available on
these days.
• Screencheck Draft EIR/
Appendices
• Pre-print Draft EIR
• Daft EIR
• Notice of Availability of Draft
EIR
• Proposed Response to
Comments
• Proposed Final EIR (RTC, Er-
rata and Draft EIR)
• Findings of Fact/Statement of
Overriding Considerations
• Notice of Determination
5 copies
S copies
I camera ready and 10 copies for
City; 20 copies of DEIR, including
appendices for LSA distribution
1 photo ready copy announcing
availability of Draft EIR for public
review
S copies for the City
1 camera ready copy for City; 20
copies for LSA distribution to com-
menting agencies and individuals
and 30 for City distribution
1 camera ready copy for City use
2 copies filed with County Clerk
and 1 copy for OPR
SPECIFICATIONS REGARDING WORK T'O BE DONE BYCONSLYLTANT AND WORK TO
BE DONE BY HM CITY
Our proposal is based upon the following information, data and materials
being supplied to LSA by the City of Newport Beach or the developer.
1. Detailed project description for all aspects of the project, including site
plans, elevation perspectives, access details (including resolution of
Bayside Drive access and bicycle lane issues), and on -site circulation
and parking analysis requirements, as approved by the City.
9n7A8•P: cN804wewrosr.rao.
• 0 LUASSOC(a/e& Inc
2. Geotechnical studies and other relevant seismic information for the
area, including precise mapping of Alquist -Priolo Special Study Zone
area and liquefaction areas.
3. City approved hydrology reports and drainage plans.
4. City adopted project plans and EIRs for projects in the area.
5. An aerial photo of the project site and surrounding land uses.
6. On -site and off -site infrastructure improvement plan.
7. Project elevation perspectives, cross sections, and view simulations.
8. Detailed lighting plan including shade types, elevation of pole lighting
and placement of wall security lighting.
TECHNICAL APPROACH /METHODOLOGY
The methodology for addressing each environmental topic is described below.
Trcffic Analysis
LSA will rely on a technical traffic analysis and parking demand study report
prepared by Wes Pringle Associates, already under contract to the City's Public
Works Department. We will review the report for completeness and adequacy
for CEQA purposes and summarize the technical report for use in the EIR.
Air Quality and Noise Impact Assessment
Land Use
LSA will rely on a technical analysis of regional and local air quality impacts
prepared by Mestre Greve Associates, submitted with this EIR scope of work as
an attachment. We will summarize the report for use in the EIR
LSA will utilize a technical noise impact analysis report to be produced by
Mestre Greve Associates. The application of the City (County) Noise Ordinance
to control construction noise will be discussed. We will summarize the techni-
cal report for inclusion in the EIR. LSA will administer the contract with Mestre
Greve Associates on behalf of the City.
There are two basic land use/environmental compatibility issues associated with
the project: 1) conversion of underutilized properties to commercial hotel
uses; and 2) compatibility of intensified land uses with nearby uses. Consis-
tency with the City's General Plan goals and objectives, and the City's zoning
requirements will also be assessed. LSA will assess the effects of the project on
9n7MWP -.224 s3flxErPORr.PRO* 5
• ! LSA Asrodarrx,,w-
the City's development strategies and land use compatibility policies included
in the General Plan.
Recreation /Access and Coastal Act Consistency
The change from partial public access and use as a recreational vehicle park to
hotel use will be assessed. Because there is no firm methodology for such an
analysis, ISA will draw on available information (such as recreational vehicle
use from the traffic study) and public use factors to prepare this analysis.
Information and policies from the LCP and Coastal Act requirements will also
be utilized in the analysis. Consistency with the California Coastal Act will also
be assessed.
Public 5erutcesJBnergy/Utillttes
This section will be based upon public service agencies' and utility providers'
responses to the NOP and direct surveys of service providers by LSA. The
ability of each agency and utility to provide necessary service will be described.
Capacity of the City's water and sewer Master Plans will be described in relation
to anticipated growth in the project area.
Consistency u*b Water Resource Management Plans
Er,Tj
Pursuant to Sections 10910 -10915 of the State Water Code, all affected water
purveyors must be notified of a proposed project that requites a General Plan
amendment and asked whether water demand associated with the proposed
project has been included and assessed in the water purveyors' "urban water
management plans." According to Section 10910(1), water purveyors are given
30 days to provide a written response to this request. LSA will contact the
responsible water purveyor to request a written response regarding capacity to
serve the proposed project. Once LSA has received this information, it will be
incorporated into the E1 L
LSA will summarize the findings of a hydrology /drainage assessment provided
by the project applicant and recommendations identified in the assessment to
mitigate potential hydrological, drainage, and soil erosion impacts. LSA will
coordinate with the developer's hydrologist to obtain appropriate water quality
analysis and develop mitigation related to urban runo% nuisance flows, and
"first flush" storm event effects of drainage entering Upper Newport Bay. LSA
will incorporate this information after City review and acceptance of the devel-
oper's report.
9n7/96WP- XNB$34VEWP0RTYRO»
n
L�
Biological Resources
• LSA Arwctater,1.
LSA will use a technical biological resources impact assessment report prepared
by Pacific Southwest Biological Services to prepare a section for the ERL We
will report the professional opinions and conclusions included in the report
regarding the environmental impacts to the terrestrial and aquatic resources
affected by the project, if any. LSA will perform peer review of the report prior
to inclusion into the EIR to assure completeness and adequacy for CEQA pur-
poses.
The OR will not address removal of the existing dredging fill or any site
remediation. It will be acknowledged that, in order to develop the hotel, the
site will need to be cleared and excavated, but such clearance is a separate
action, not part of the proposed project, and the grading and removal of
dredge material has been accomplished or will be finished prior to initiation of
development.
Aesthetic and Visual Impact Analysis
The existing visual character of the project site will be defined based on site
reconnaissance, site photos and definition of distance zones and descriptive
visual characteristics for the project site. LSA will utilize the existing site eleva-
tions and view simulations. However, it is our opinion that the information
supplied in the Negative Declaration should be supplemented with cross sec-
tions and additional view analyses from closer points of view. LSA will coordi-
nate the City's request to the applicant for this additional technical information.
The location of possible additional representative existing views from the site
and onto the project site from visual receptors will be determined jointly with
the City and the applicant. Composite photographs, perspective drawings,
sight line exhibits, cross section exhibits, and photographic simulations shall be
provided by the applicant, as directed by the City. These photographs and
materials will be analysed based on the following distance zones and descrip-
tive visual characteristics.
Views of the project site will be analyzed by establishing three basic viewing
distance zones. These distance zones characterize the dominant visual charac-
ter from a vantage point, and describe the view in terms that can be quantified
and compared.
9n7N8�P:\aM34W@9PORr.PRO* 7
tst Associates; r,.e
u
Foreground
Foreground views include elements that can be seen at a dose distance and
that dominate the entire view.
Middle Ground
Middle ground views include elements that can be seen at a moderate distance
and that partially dominate the view.
Background views include elements that are seen at a long distance and typi-
cally do not dominate the view, but are part of the overall visual composition of
the view.
Descriptive Visual Characteristics
The visual characteristics of the existing project area, the surrounding areas and
landforms near the project site will be categorized based on descriptive visual
characteristics. These visual characteristics are defined by topographic condi-
tions, vegetative cover, development intensity and land uses, as follows: urban,
semi -urban and disturbed valley/foothiftay view.
7bresbold q(Sign#Uance for Visual Analysis
Appendix G of the State CEQA Guidelines indicates that a project will normally
have a significant effect on the environment if it will:
Conflict with adopted environmental plans and goals of the community
where it is located; and/or
Have a substantial, demonstrable, negative aesthetic effect.
In addition, the relationships between the severity of the impacts to specific
visual characteristics, the location of the visual impacts relative to sensitive land
uses, and the direct viewing opportunities associated with these visual impacts
will be used to determine substantial aesthetic effect.
Visual Impaa Analysis and Mltlgation Measures
The visual impact analysis will utilize the. existing conditions described earlier
in the report, and will allow an analysis of before and after conditions through
the use of sight lines, cross sections, and photographic view simulations. The
photographs will depict existing conditions in the study area. View simulations
provided by the applicant will allow an examination of the visual effects of the
9/I7H8R AMBOMEWPOMPROr 8
0 • LMAssadara r�
proposed project as viewed from key viewpoints selected by the City at the view
intervals described above. Analysis of six views has been included in the budget.
Cumulative Impacts
The cumulative impacts of the project will be described, based upon potential
projects in the vicinity. ISA will research potential cumulative projects and
prepare a list. This list, along with other input from the City of Newport
Beach's traffic consultant for cumulative traffic growth on the regional arterials
will also be utilized. This information, in turn will provide input to the noise
and air analysis.
For other impacts, such as land use, coastal issues, marine biology, and aesthet-
ics, a more focused cumulative project analysis will be conducted, based on
reasonably foreseeable projects that might contribute to cumulative effects with
the project.
Growth Inducing Impacts
The potential growth inducing aspects of the project may not be discussed in
the EIR Given the developed nature of the surrounding area and the General
Plans in the area, the project is not anticipated to result in growth inducement.
LSA will further discuss the approach with City staff.
Effects Found Not to be Sign(ftcant
+rn
Findings on effects found not to be significant will be prepared. This is a very
important section in a Focused EIR. This section will bring forward the issues
addressed in the Initial Study that are determined to have no significant impact,
and will provide the rationale for not receiving full analysis in the MIL Based
on our understanding of the project, this section will address the Initial Study
(CEQA) Checklist items that are not analyzed more extensively in the EM For
example, this could include the topics of population, growth inducing effects,
and public health and safety impacts that may not be addressed further in the
EIR.
An alternatives analysis will be provided This section will analyze three project
alternatives consistent with project objectives and plans.. The alternatives
analyzed in the EIR will be alternatives that could avoid or lessen potentially
significant impacts, and will include a General Plan build out alternative, an-
other less intensive alternative that would include provisions for affordable
overnight accommodations, possibly retaining all recreational vehicle spaces
proposed to be removed by the proposed project and one design alternative.
The EIR will also address a No Build Alternative.
9A7,9":\CNe934WEwroar. %OW 9
0
SEl:ll7ON 2.0 BUDGET
0
144.4twictrr Inc.
Our proposed budget is in estimate based on our understanding of the project
and the desired +rrvirrc This includes report preparation, reproduction, and
diarribwtion. This budget is subject to adjustment based upon City of Newport
Beach directives and scoping requimmcuts, as addressed in Task 1. wr. pru-
pose to accomplish these tasks on an hourly basis subject to the attached rates
and provisions in Atucbment A. 11b Amount will not be exceeded without
your approval.
Tank Fero Proposed
I. Project Initiation (2,660
2. NOP/Initial Study Review $610
3. Screencheck ETR'City Review $34,815
4. Sub-consultants (air quality, noise, $ 13,000
and biological)
5. Draft EMNoticc of aw4abilits $7,300
6. Mb1RP $620
7. Final EIR (includes Response to
cornmcntbAteaolution,Woticcs) $6,345
8. Project Management, Meetings & $5.77(1
Hearings
Reimbursables' $8,380
EM Subtoral $79,5(x)
GRAND Total $79.500
SECTION 3.0 PROPOSED PROJECT SCHEME
The proposed project schedule is shown on Attachment B to this proposal. We
recovdix that tiutt;ly cvwp[etion of this project is a very important factor.
I Estimate based on Draft EIR cost of $'010 per copy.
97'9W:'CNU8141NUWMKrMK)w 10
•
ATTACHMENT A
. W Auodaln, Inc.
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed- -Fes Contracts
If a fixed -fee proposal, the professional services described in the Scope of
Services section of the attached proposal shall be provided for the fixed fee
noted in the Compensation and Terms section of the proposal. All other pro-
fessional services are considered extra services. Extra services shall be provided
on a time and expenses basis at the same rates specified for hourly contracts
unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the
Scope of Services section of the attached proposal shall be provided on a time
basis at current hourly rates. These rates are as shown on a Rate Schedule that
is attached or can be made available. Hourly rates are subject to review at least
annually on or about July 1 each year, and may be adjusted to reflect changing
labor costs at our discretion at that time.
Out of pocket expenses shall be reimbursed at cost plus 10 %, unless other
arrangements are made in advance, and are not included in the hourly fee for
professional services. Out of pocket expenses include, but are not limited to,
costs of 1) reproduction of reports and graphics furnished or prepared in
connection with the work of the contract, 2) long distance telephone and
telegraph charges, 3) laboratory services, 4) automobile travel at 31 centshnile,
5) truck travel at 46 cents /mile, 6) other travel, subsistence, vehicle rental, and
lodging in connection with the work of the contract, T) fees of specialized con-
sultants retained with the approval of the client and 8) facsimile transmittals at
one dollar per page.
The total estimated amount of time and expenses noted in the Compensation
and Terms section of this proposal will serve as a control on the services to be
provided The specified amount will not be exceeded without prior approval of
the client.
FREQUEWYOFBHlING
Monthly invoices shall be submitted for progress payment based on work
completed to date. Out of pocket expenses shall be billed on the same mon-
thly invoice and shall be identified as a separate item.
9/r7.99«r tC NB834WEWPOBT.Pxo.
PAYMENT OF ACCOUNTS
0 cu, fsodd:. an.
Accounts are due and payable upon receipt of invoice. A service charge of lei%
of the invoice amount (18% annual rate) may be applied to all accounts not
paid within 30 days of invoice date. Any attorney's fees or other costs incurred
in collecting any delinquent amount shall be paid by the Client.
TERMINATION OF SERVICES
These services may be terminated upon ten days written notice for good reason
by either parry. In this event, payment for all services and expenses incurred
prior to the date of termination shall be due and payable upon receipt of final
invoice in accordance with the provisions of the foregoing section.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said
proposal shall be considered revoked if acceptance is not received within 90
days of the date thereof, unless otherwise specified in the proposal.
9/1798*P:\CM34)hTWP01LT.PRO* 2
• • � 6ei.+.wema./r�
HOURLY BILLING RATES • EFFECTIVE AUGUST, 1998'
job Ctass{j?eatton
Hourly Rate2
PRINCIPAL
$100 -165
ASSOCIATE/PROJECT MANAGER
$ 75 -130
ASSISTANT PROJECT MANAGER
$ 50-85
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST
$ 45.80
ENVIRONMENTAL ANALYST/ASST. PUNNER/ASST. ENGINEER
$ 40-70
FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGY/BIOLOGY)
$ 45.60
RESEARCH ASSISTANT/fECHNICIAN
$ 25 -50
FIELD CREW
$ 20.45
GRAPHICS
$ 65
OFFICE ASSISTANT
$ 40
WORD PROCESSING
$ 60
' Revised August, 1998
2 The hourly rate for work involving actual expenses in court, giving
depositions or similar expert testimony, will be billed at $200 per hour
regardless of job classification.
9MWPACNS834wewe0RT.rao• 3
•
ATTACHMENT B
PROPOSED PROJECT SCHEDULE
9/17/98wP.\0=34Wk19P08T.M*w
I* ruMs. hw—
NEWPORT DUNES HOTEL EIR SCHEDULE
ID
Task Name
September
October November
December
January February
March
April
May
1
Screencheck EIR • Task 7
2
Traffic Technical Study (Wes Pringle)
3
Ak /Nolse Technical Studios (Maestro Grove)
i
' `•
4
Bb. Resources Technical Study (pacific SSoultrwest)
6
Review of Technical Studies
a
Revisions to Technical Studies
7
visual Analysis
a
Meeting with Applicant/Architect
( i ' •
8
Visual Simulations by Applicant
i
[ i
10
Review of Simulations
11
Revisions to Simulations by Appllcord
LSA Praparo EIR Sedlonrr
12
13
City Review of Preliminary SCEIR
l
i
W
t I
`•
i
' I
14
Revisions to Preliminary SCEIR
16
City Review of Final SCEIR
16
Prepare DEIR
17
DEIR Pdntinig/Distnbulion
i 1l11t i
18
DEIR Public Review Period
!
`I
i
j
It
Prepare Resporm to Comments
20
City Review of Response to Comments
21
Proposed FEIR/Flndings/Overriding Considerations
22
City Review of FEIR/Flndinga Overtldinp ConeWerotlons
t
23
EOAC Meeting
'• ` 2118
i
24
Planning Commission Meeting
3123
26
City Council Meeting
Project Newport Dunes Nolel
Teak Mlleatone Summary
Date: 9 /10/98
vounwwnuv i
..n-...wrvil VV , VILLS,SCHEDVL MPP Pagel
ta6`x'?ORT �
u �g
CITY OF NEWT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
330 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644-32M FAX (949) 644-5250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
,tea -IS
September 28, 1998
13
Patrick J. Alford
(949) 644 -3235
7-3M
SUBJECT: Proposal for Newport Dunes Resort Environmental
SUMMARY: A professional services agreement for consulting ser4ieeh-1
environmental impact report for the Newport Dunes Resort project.
SUGGESTED
ACTION: Approve the professional services agreement with LSA Associates for the
preparation of an environmental impact report for the Newport Dunes Resort
project.
Background
The initial study for the Newport Dunes Resort project identified potentially! significant adverse
environmental impacts that could be reduced to a level of insignificance with mitigation measures. A
draft mitigated negative declaration was then prepared and distributed for public review in June 1998.
•However, based on comments received from responsible and trustee agencies and the public during the
public review period for the draft mitigated negative declaration, it was determined that an environmental
impact report should be prepared.
Analysis
The Planning Department has received a proposal from LSA Associates to provide research and analysis
for the preparation of an environmental impact report (EIR) for the Newport Dunes Resort project. The
proposal sets the costs for these services at $79,500.00. City Council Policy F -14 specifies that contracts
in excess of $30,000.00 must be submitted to the City Council for approval before the contract is
awarded.
The proposal contains a scope of work, project schedule, and a cost breakdown for the EIR. The
preparation of the EIR includes an analysis of environmental impacts; mitigation measures, and
reasonable project alternatives and the preparation of responses to comments. The scope of work also
includes meetings with staff and attendance at meetings of the Environmental Quality Affairs Committee
(EQAC), Planning Commission and the City Council.
The project schedule estimates completion of the final EIR by March 1999. The final EIR is the
document that will be submitted to the Planning Commission and City Council for review and approval.
The final EIR includes responses to comments received during the required forty - five - -(45) day public
review period.
• The fee for these environmental services is "not to exceed" $79,500.00. The fee includes the cost of
subconsultant studies of potential noise, air quality and biological impacts. The fee also includes the
printing costs for the draft EIR and the final EIR.
0
The Planning Department has reviewed the proposal and determined that the services that will be
provided meet or exceed the minimum requirements set forth by the California Environmental Quality •
Act. Should the City Council approve the proposal, the applicant will pay for the costs for the EIR plus
an administrative fee covering the time spent by City staff on preparing and processing the EIR.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICK J. ALFORD
Senior Planner
Attachment: Proposal from LSA Associates for the Newport Dunes Resort EIR.
GPA 98 -2 (B)
August 24, 1998
Page 2
� 1
L J
r�
LJ
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this _day of October, 1998, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and LSA Associates, Inc. whose address is One Park Plaza, Suite 500,
Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to prepare and process an environmental impact report for the
Newport Dunes Resort ( "Project').
C. City desires to engage Consultant to provide environmental services for
the project upon the terms and conditions contained in this Agreement.
• D. The principal member of Consultant, are for purpose of this Project, Mr.
Robert W. Balen.
•
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of October,1998,
and shall terminate when the City Council takes final action on the environmental impact
report, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference.
1 i
J
Ll
9
3. COMPENSATION TO CONSULTANT is
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of seventy thousand dollars ($79,500.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit invoices to City payable by City within thirty (30)
days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance .
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the community professional
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• standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is in
• compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Mr. Robert W. Balen to be its
Project Manager. Consultant shall not remove or reassign the principal members
identified in the Recitals or assign any new or replacement person to the Project without
the prior written consent of City. City's approval shall not be unreasonably withheld with
respect to removal or assignment of non -key personnel.
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.
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8. TIME OF PERFORMANCE •
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule, may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail. •
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
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.
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• 12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence of City, or its employees, or other contractors, excepting
only the sole negligence or willful misconduct of City, its officers or employees, and shall
include attorneys' fees and all other costs incurred in defending any such claim.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
• employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business 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 Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
one million dollars ($1,000,000.00) combined single limit per occurrence
for bodily injury, personal injury and property damage. If commercial
general liability insurance or other form with a general aggregate is used,
either the general aggregate shall apply separately to this Project, or the
general aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of one million dollars
• ($1,000,000.00) combined single limit per accident for bodily injury and
property damage.
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D. 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 ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give 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,
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 for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership orjoint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and •
all liability arising out of changes made to Consultant's deliverables under this
Agreement by City or persons other than Consultant is waived against Consultant and
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• City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy of
all existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without independent review or
evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
• Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
• appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
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percent (7 %) per annum from the date of withholding of any amounts found to have •
been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional design, construction and /or a 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
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 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.
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 City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at: 0
City of Newport Beach
8
• 3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200 (Voice)
(949) 644 -3229 (Fax)
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc.
One Park Plaza, Suite 500
Irvine, CA 92614
(949) 553 -0666 (Voice)
(949) 544 -3067 (Fax)
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
• (2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by 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
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implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
08 -18 -98
10
CITY OF NEWPORT BEACH
A Municipal Corporation
A
Mayor Thomas Edwards
for the City of Newport Beach
CONSULTANT
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PROPOSALTO
PREPARE AN
ENVIRONMENTAL
IMPACT REPORT FOR
NEWPORT DUNES
HOTEL
September 18, 1998
Prepared for:
City of Newport Beach
•
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PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT
FOR NEWPORT DUNES HOTEL
September 18, 1998
Prepared for:
City of Newport Beacb
Attn: Mr. Patrick Alford
Prepared by:
LSA Asso cia tes, Inc.
I Park Plaza, Suite 500
Irvine, California 92714
(714) 553 -0666
n
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• • LSA Assoda tes, Im..
TABLE OF CONTENTS
• PAGE
SECTION 1.0 SCOPE OF SERVICES . ............................... 1
PROJECT APPROACH ............. ...............................
1
Task 1:
Project Initiation .... ...............................
1
Task 2:
Initial Study/Environmental ChecklisVNotice of Preparation . 1
Task 3:
Screencheck EIR .... ...............................
1
Task 4:
Draft EIR .......... ...............................
2
Task 5:
Final EIR .......... ...............................
2
PROJECT MANAGEMENT/ATTENDANCE AT MEETINGS ................ 3
PRODUCTS ...................... ..............................4
SPECIFICATIONS REGARDING WORK TO BE DONE BY CONSULTANT
AND WORK TO BE DONE BY THE CITY ....................... 4
TECHNICAL APPROACH/METHODOLOGY ...........................
5
Traffic Analysis ............ ...............................
5
Air Quality and Noise Impact Assessment ......................
5
LandUse .................. ..............................5
• Recreation/Access and Coastal Act Consistency ............
Public Services/Energy/Utilities
. ..... 6
.. 6
Consistency with Water Resource Management Plans .............
6
Hydrology................. ..............................6
Biological Resources ....... ...............................
7
Potential Hazards Associated with Grading .....................
7
Aesthetic and Visual Impact Analysis ..........................
7
Cumulative Impacts ........ ...............................
9
Growth Inducing Impacts ... ...............................
9
Effects Found Not to be Significant ...........................
9
Alternatives ................ ..............................9
•
SECTION 2.0 BUDGET .......... ............................... 10
SECTION 3.0 PROPOSED PROJECT SCHEDULE ...................... 10
ATTACHMENTS
A - Schedule of Contract Provisions and Billing Rates
B - Proposed Project Schedule
9 /17/98aP: \CN6834WEWPORT.PRO» iil
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• LSA Associates, Inc.
SECTION 1.0 SCOPE OF SERVICES
This scope of work is to prepare a Focused Environmental Impact Report (EIR) •
for the Newport Dunes Hotel in the City of Newport Beach. The work effort
will include the following tasks.
PROJECTT APPROACFI
Task 1: Project Initiation
LSA will meet with City Planning Department'staff to define and finalize the
project description, develop a mutual understanding of the issues and impacts
of the project, and refine the level of detail required in the EIR LSA proposes
to incorporate as much of the analysis in the previously prepared Negative
Declaration as possible
During the project initiation task, LSA will review existing information and the
Initial Study and Notice of Preparation with City staff to focus on the issues
necessary to cover in the EIR, prior to proceeding with detailed document
preparation (Tasks 3 and 4). This will include more specific details to be added
to the description of alternatives to be analyzed.
During this phase, it is also important to establish clear and concise project
objectives. Project benefits and City objectives for the project should be intro-
duced into the public record in the EIR, as provided by CEQA. These project .
objectives will be used throughout the EIR to measure impacts and weigh
project alternatives. In addition, overriding considerations may be required
that will need to address project objectives.
Task 2: Initial Study /Environmental Checklist /Notice of Preparation
LSA will review the Notice of Preparation (NOP) prepared by the City for the
proposed project. The NOP can be used to help focus the issues to be ad-
dressed in the EIR and the reasons and rationale for excluding environmental
topics from further analysis in the EIR. The NOP contains a description of the
analysis to be provided in the EIR, and the reasons for determining that some
effects would not be significant.
Task 3: Screencbeck EIR
LSA will prepare a Screencheck EIR for review by the City. The detailed tech-
nical investigations and methodologies for each environmental topic are de-
scribed in further detail later in this proposal.
The document will contain all applicable environmental components required
by CEQA, including Introduction, Background, Project Description/
Characteristics and Discretionary Approvals; Setting, Impacts, and Mitigation .
and CEQA topics (i.e., Growth Inducement), Alternatives, and lists of referenc-
9 /17/98 «P: \CNB834W E WPORT.PRo*
VW
• • LSA Associates, Inc.
es, persons consulted, and EIR preparers. The Screencheck that is submitted to
• the City will not include an Executive Summary Section, so as to save time on
the schedule and avoid redundant reviews. After this review and approval of
the Screencheck is accomplished, a second Screencheck document, with the
Executive Summary included, will be provided to the City for final review.
Task 4. Drat EIR
LSA will meet in a workshop format with City departments to receive comments
on the Screencheck Draft EIR. Rob Balen, Principal in Charge, will attend this
workshop. This meeting will provide a clear understanding of the Citys
expectations for the Draft EIR, and will provide a forum to resolve all issues in
an expedited manner that will avoid multiple rounds of review, correction, and
re- review.
After receiving comments on the Screencheck Draft EIR, the LSA team will make
necessary revisions to the document and supporting technical studies.
We will provide a pre -print version of the Draft EIR to the staff for a limited
final review prior to printing the Draft EIR. The purpose of this review will be
to review the Draft EIR to ensure that the City is satisfied with the new and
revised text. At the pre-print stage, no substantive changes to technical analyses
or EIR conclusions are provided for in the schedule or budget.
• Prior to completion of the Draft EIR, LSA will work with the City to compile the
distribution list, and will prepare a draft Notice of Completion for City review
and signature. Concurrent with preparation and printing of the Draft EIR, LSA
will prepare mailing envelopes and certified mail forms (a total of up to 20 is
specified). LSA will utilize a delivery service or Federal Express to ensure that
State Clearinghouse copies are clocked in on schedule. If necessary, LSA Sacra -
memo staff will deliver copies directly to the Clearinghouse in order to meet
the proposed schedule.
LSA will distribute the Draft EIR (20 copies to be distributed by LSA) to the
agencies, groups, and individuals on the distribution list. Ten copies for the
City's use and placement in libraries will be delivered to City Hall.
A Notice of Availability of the Draft EIR will be provided to the City for place-
ment in one general circulation newspaper. LSA will provide a photo ready dis-
play ad to the City.
Task 5. Final EIR
Response to Comments, Proposed Final EIR
As comments on the Draft EIR are received during the public review period,
LSA will prepare responses to those comments. City assistance is specified in
this task. The responses will be assembled into the response to comments
• component of the Final EIR and submitted to the City for review. Because the
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• • LSA Associates, Inc.
extent of public and agency comments are not known at this time, it is ex-
tremely difficult to accurately predict the level of effort necessary to respond to •
those comments. A maximum of 40 LSA staff hours is specified for this task.
Should additional time be necessary to prepare responses to comments, a
budget adjustment may be necessary.
Following City review of responses to comments, LSA will prepare a proposed
Final EIR, which will consist of responses to comments and supporting
appendices material, as well as any modifications that may need to be made to
the Draft EIR document, specified to be accomplished through preparation of
an errata or addendum document, if deemed necessary by mutual agreement of
LSA and the City. A revision of the Draft EIR that incorporates corrections/
modifications resulting from the Responses to Comments is not provided for in
this scope of work and budget.
Mitigation Monitoring Program
Once the Draft EIR is distributed, pursuant to California Public Resources Code
Section 21081.6, ISA will prepare a mitigation monitoring program. The moni-
toring program is intended to ensure that conditions are implemented during
construction. The monitoring program will contain an inventory of mitigation
measures, timing for implementation (e.g., prior to issuance of grading per-
mits), the responsible City staff assigned to monitor the condition, and a com-
pliance /non - compliance statement.
Findings of Fact, Statement of Overriding Considerations •
LSA will prepare findings of fact supporting the conclusions of the proposed
Final EIR to be incorporated into a resolution certifying the Final EIR as ade-
quate and complete. If the EIR identifies significant unavoidable impacts, LSA
will also prepare a Statement of Overriding Considerations. These documents
will be patterned after existing City documents, will meet the requirements
contained in Sections 15091 through 15093 of the State CEQA Guidelines, and
will fully address all facts and findings, project benefits, and project impact and
benefit balancing considerations required of a statement of overriding consider-
ations.
PROJECT MANAGEMENT /ATTENDANCE AT MEETINGS
LSA proposes an active project management of the EIR effort, in coordination
with City staff. LSA will follow our well defined and rigorous Quality Control
Plan and Procedures adopted by our Principals in October, 1993. Of primary
importance in this task are meetings required with City staff and representatives
of the applicant to review work progress and identify concerns and issues
throughout the process. The project management role provides a mechanism
to ensure that there is adequate exchange of information developed during
project start -up and throughout preparation of the EIR. Important elements of
this task will be to maintain the project schedule, control the budget, coordi- .
9 /17 /WPACNB834\NEWPORT.PRo»
• • LSA Associates, Inc.
nate subconsultants, and facilitate the City s oversight of the preparation of the
is DEIR and FEIR. Since there is a substantial amount of information that is avail-
able under the previous environmental work effort, the number of coordina-
tion meetings that would be required is greatly reduced. LSA specifies no more
than four coordination meetings, averaging two hours duration.
LSA commits that a qualified Associate or Principal will be available for con-
tracted meetings and hearings. The Project Manager and Principal in Charge,
Mr. Rob Balen, will attend up to three public meetings/hearings and the speci-
fied coordination meetings. Mr. Balen has a conflict on the second and fourth
Tuesdays of each month through November 30, 1998, and is not available on
these days.
PRODUCTS
• Screencheck Draft EIR/
5 copies
Appendices
• Pre -print Draft EIR
5 copies
• Draft EIR
1 camera ready and 10 copies for
City; 20 copies of DEIR, including
appendices for LSA distribution
• Notice of Availability of Draft
1 photo ready copy announcing
• EIR
availability of Draft EIR for public
review
• Proposed Response to
5 copies for the City
Comments
• Proposed Final EIR (RTC, Er-
1 camera ready copy for City; 20
rata and Draft EIR)
copies for LSA distribution to com-
menting agencies and individuals
and 30 for City distribution
• Findings of Fact/Statement of
1 camera ready copy for City use
Overriding Considerations
• Notice of Determination
2 copies filed with County Clerk
and 1 copy for OPR
SPECIFICATIONS REGARDING WORK TO BE DONE BY CONSULTANT AND WORK TO
BE DONE BY THE CITY
Our proposal is based upon the following information, data and materials
being supplied to LSA by the City of Newport Beach or the developer:
1. Detailed project description for all aspects of the project, including site
plans, elevation perspectives, access details (including resolution of
• Bayside Drive access and bicycle lane issues), and on -site circulation
and parking analysis requirements, as approved by the City.
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2. Geotechnical studies and other relevant seismic information for the •
area, including precise mapping of Alquist - Priolo Special Study Zone
areas and liquefaction areas.
3. City approved hydrology reports and drainage plans.
4. City adopted project plans and EIRs for projects in the area.
5. An aerial photo of the project site and surrounding land uses.
6. On -site and off -site infrastructure improvement plan.
7. Project elevation perspectives, cross sections, and view simulations.
8. Detailed lighting plan including shade types, elevation of pole lighting
and placement of wall security lighting.
TECHNICAL APPROACH /METHODOLOGY
The methodology for addressing each environmental topic is described below.
Traffic Analysis
LSA will rely on a technical traffic analysis and parking demand study report •
prepared by Wes Pringle Associates, already under contract to the City's Public
Works Department. We will review the report for completeness and adequacy
for CEQA purposes and summarize the technical report for use in the EIR.
Air Quality and Noise Impact Assessment
Land Use
LSA will rely on a technical analysis of regional and local air quality impacts
prepared by Mestre Greve Associates, submitted with this EIR scope of work as
an attachment. We will summarize the report for use in the EIR
LSA will utilize a technical noise impact analysis report to be produced by
Mestre Greve Associates. The application of the City (County) Noise Ordinance
to control construction noise will be discussed. We will summarize the techni-
cal report for inclusion in the EIR LSA will administer the contract with Mestre
Greve Associates on behalf of the City.
There are two basic land use/environmental compatibility issues associated with
the project: 1) conversion of underutilized properties to commercial hotel
uses; and 2) compatibility of intensified land uses with nearby uses. Consis-
tency with the City's General Plan goals and objectives, and the City's zoning •
requirements will also be assessed. LSA will assess the effects of the project on
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the Citys development strategies and land use compatibility policies included
• in the General Plan.
Recreation /Access and Coastal Act Consistency
The change from partial public access and use as a recreational vehicle park to
hotel use will be assessed. Because there is no firm methodology for such an
analysis, LSA will draw on available information (such as recreational vehicle
use from the traffic study) and public use factors to prepare this analysis.
Information and policies from the LCP and Coastal Act requirements will also
be utilized in the analysis. Consistency with the California Coastal Act will also
be assessed.
Public Services/Energy/Utilities
This section will be based upon public service agencies' and utility providers'
responses to the NOP and direct surveys of service providers by LSA. The
ability of each agency and utility to provide necessary service will be described.
Capacity of the City's water and sewer Master Plans will be described in relation
to anticipated growth in the project area.
Consistency urith Water Resource Management Plans
• Pursuant to Sections 10910 -10915 of the State Water Code, all affected water
purveyors must be notified of a proposed project that requires a General Plan
amendment and asked whether water demand associated with the proposed
project has been included and assessed in the water purveyors' "urban water
management plans." According to Section 10910(f), water purveyors are given
30 days to provide a written response to this request. LSA will contact the
responsible water purveyor to request a written response regarding capacity to
serve the proposed project. Once LSA has received this information, it will be
incorporated into the EIR.
Hydrology
•
LSA will summarize the findings of a hydrology /drainage assessment provided
by the project applicant and recommendations identified in the assessment to
mitigate potential hydrological, drainage, and soil erosion impacts. LSA will
coordinate with the developer's hydrologist to obtain appropriate water quality
analysis and develop mitigation related to urban runoff, nuisance flows, and
"fast flush" storm event effects of drainage entering Upper Newport Bay. LSA
will incorporate this information after City review and acceptance of the devel-
oper's report.
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Biological Resources
LSA will use a technical biological resources impact assessment report prepared •
by Pacific Southwest Biological Services to prepare a section for the EIR. We
will report the professional opinions and conclusions included in the report
regarding the environmental impacts to the terrestrial and aquatic resources
affected by the project, if any. LSA will perform peer review of the report prior
to inclusion into the EIR to assure completeness and adequacy for CEQA pur-
poses.
Potential Hazards Associated with Grading
The EIR will not address removal of the existing dredging fill or any site
remediation. It will be acknowledged that, in order to develop the hotel, the
site will need to be cleared and excavated, but such clearance is a separate
action, not part of the proposed project, and the grading and removal of
dredge material has been accomplished or will be finished prior to initiation of
development.
Aesthetic and Visual Impact Analysis
Existing Visual Character
The existing visual character of the project site will be defined based on site •
reconnaissance, site photos and definition of distance zones and descriptive
visual characteristics for the project site. LSA will utilize the existing site eleva-
tions and view simulations. However, it is our opinion that the information
supplied in the Negative Declaration should be supplemented with cross sec-
tions and additional view analyses from closer points of view. LSA will coordi-
nate the City's request to the applicant for this additional technical information.
The location of possible additional representative existing views from the site
and onto the project site from visual receptors will be determined jointly with
the City and the applicant. Composite photographs, perspective drawings,
sight line exhibits, cross section exhibits, and photographic simulations shall be
provided by the applicant, as directed by the City. These photographs and
materials will be analyzed based on the following distance zones and descrip-
tive visual characteristics.
Distance. Zones
Views of the project site will be analyzed by establishing three basic viewing
distance zones. These distance zones characterize the dominant visual charac-
ter from a vantage point, and describe the view in terms that can be quantified
and compared.
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Foreground
• Foreground views include elements that can be seen at a close distance and
that dominate the entire view.
Middle Ground
Middle ground views include elements that can be seen at a moderate distance
and that partially dominate the view.
Background
Background views include elements that are seen at a long distance and typi-
cally do not dominate the view, but are part of the overall visual composition of
the view.
Descriptive Visual Characteristics
The visual characteristics of the existing project area, the surrounding areas and
landforms near the project site will be categorized based on descriptive visual
characteristics. These visual characteristics are defined by topographic condi-
tions, vegetative cover, development intensity and land uses, as follows: urban,
• semi -urban and disturbed valley /foothill/bay view.
Threshold of Significance for Visual Analysis
Appendix G of the state CEQA Guidelines indicates that a project will normally
have a significant effect on the environment if it will:
Conflict with adopted environmental plans and goals of the community
where it is located; and/or
Have a substantial, demonstrable, negative aesthetic effect.
In addition, the relationships between the severity of the impacts to specific
visual characteristics, the location of the visual impacts relative to sensitive land
uses, and the direct viewing opportunities associated with these visual impacts
will be used to determine substantial aesthetic effect.
Visual Impact Analysis and Mitigation Measures
The visual impact analysis will utilize the existing conditions described earlier
in the report, and will allow an analysis of before and after conditions through
the use of sight lines, cross sections, and photographic view simulations. The
photographs will depict existing conditions in the study area. View simulations
• provided by the applicant will allow an examination of the visual effects of the
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proposed project as viewed from key viewpoints selected by the City at the view
intervals described above. Analysis of six views has been included in the budget. •
Cumulative Impacts
The cumulative impacts of the project will be described, based upon potential
projects in the vicinity. LSA will research potential cumulative projects and
prepare a list. This list, along with other input from the City of Newport
Beach's traffic consultant for cumulative traffic growth on the regional arterials
will also be utilized. This information, in turn will provide input to the noise
and air analysis.
For other impacts, such as land use, coastal issues, marine biology, and aesthet-
ics, a more focused cumulative project analysis will be conducted, based on
reasonably foreseeable projects that might contribute to cumulative effects with
the project.
Growth Inducing Impacts
The potential growth inducing aspects of the project may not be discussed in
the EIR. Given the developed nature of the surrounding area and the General
Plans in the area, the project is not anticipated to result in growth inducement.
LSA will further discuss the approach with City staff.
Effects Pound Not to be Significant
Alternatives
Findings on effects found not to be significant will be prepared. This is a very
important section in a Focused EIR. This section will bring forward the issues
addressed in the Initial Study that are determined to have no significant impact,
and will provide the rationale for not receiving full analysis in the EIR. Based
on our understanding of the project, this section will address the Initial Study
(CEQA) Checklist items that are not analyzed more extensively in the EIR. For
example, this could include the topics of population, growth inducing effects,
and public health and safety impacts that may not be addressed further in the
EIR.
An alternatives analysis will be provided. This section will analyze three project
alternatives consistent with project objectives and plans. The alternatives
analyzed in the EIR will be alternatives that could avoid or lessen potentially
significant impacts, and will include a General Plan build out alternative, an-
other less intensive alternative that would include provisions for affordable
overnight accommodations, possibly retaining all recreational vehicle spaces
proposed to be removed by the proposed project and one design alternative.
The EIR will also address a No Build Alternative.
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• S'EC TON 2.0 BUDGET
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Our proposed budget is an estimate based on our understanding of the project
and the desitrd arrvirry This includes report preparation, reproduction, and
distribution. This budget is subject to adjustment based upon City of Newport
Beach directives and scoping requirements, as addressed in Task J. Wt', pru-
pose to accomplish these tasks on an hourly basis subject to the attached rates
and provisions in Attacbmew A. This auwunt will not be exceeded without
your approval,
Task
'Pee Proposed
I.
project Initiation
$2,660
2.
NOP/Initial Study Review
$610
3.
Screencheck ETIMCity Review
$34,815
"i.
Sub- consuitants (air quality-, noise,
$13,000
and biological)
5.
Draft l,lrvNoticc of availability
$7,300
6.
NIMRP
$620
7.
Final EIR (includes Response to
(70mmects9tesolutiott Voticos)
86,345
• 8.
Project Management, Meetings &
$5,770
Hearings
Reimbursables'
$8,380
EIR subtotal
$79,5UU
GRAND Total
$79.500
SECTION 3.0 PROPOSED PROJECT
The proposed project schedule is shown on Attachment B to this proposal. We
recuguizc ilrai tittrely cunipletion of this project is a very important factor.
• ' Estimate based on Draft EIR cost of $70.00 per copy.
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ATTACHMENT A •
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed Fee Contracts
If a fixed -fee proposal, the professional services described in the Scope of
Services section of the attached proposal shall be provided for the fixed fee
noted in the Compensation and Terms section of the proposal. All other pro-
fessional services are considered extra services. Extra services shall be provided
on a time and expenses basis at the same rates specified for hourly contracts
unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the
Scope of Services section of the attached proposal shall be provided on a time
basis at current hourly rates. These rates are as shown on a Rate Schedule that
is attached or can be made available. Hourly rates are subject to review at least
annually on or about July 1 each year, and may be adjusted to reflect changing
labor costs at our discretion at that time.
Out of pocket expenses shall be reimbursed at cost plus 10 %, unless other •
arrangements are made in advance, and are not included in the hourly fee for
professional services. Out of pocket expenses include, but are not limited to,
costs of: 1) reproduction of reports and graphics furnished or prepared in
connection with the work of the contract, 2) long distance telephone and
telegraph charges, 3) laboratory services, 4) automobile travel at 31 cents /mile,
5) truck travel at 46 cents /mile, 6) other travel, subsistence, vehicle rental, and
lodging in connection with the work of the contract, 7) fees of specialized con-
sultants retained with the approval of the client and 8) facsimile transmittals at
one dollar per page.
The total estimated amount of time and expenses noted in the Compensation
and Terms section of this proposal will serve as a control on the services to be
provided. The specified amount will not be exceeded without prior approval of
the client.
FREQUENCY OF BILLING
Monthly invoices shall be submitted for progress payment based on work
completed to date. Out of pocket expenses shall be billed on the same mon-
thly invoice and shall be identified as a separate item.
•
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PAYMENT OF ACCOUNTS
• Accounts are due and payable upon receipt of invoice. A service charge of 11h%
of the invoice amount (18% annual rate) may be applied to all accounts not
paid within 30 days of invoice date. Any attorney's fees or other costs incurred
in collecting any delinquent amount shall be paid by the Client.
•
•
TERMINATION OF SERVICES
These services may be terminated upon ten days written notice for good reason
by either party. In this event, payment for all services and expenses incurred
prior to the date of termination shall be due and payable upon receipt of final
invoice in accordance with the provisions of the foregoing section.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said
proposal shall be considered revoked if acceptance is not received within 90
days of the date thereof, unless otherwise specified in the proposal.
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HOURLY BILLING RATES - EFFECTIVE AUGUST, 1998'
Job Classiftcation
Hourly Rate
•
PRINCIPAL
$100 -165
ASSOCIATERROJECT MANAGER
$ 75 -130
ASSISTANT PROJECT MANAGER
$ 50-85
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST
$ 45-80
ENVIRONMENTAL ANALYST /ASST. PLANNEWASST. ENGINEER
$ 40 -70
FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGYBIOLOGY)
$ 45 -60
RESEARCH ASSISTANT/FBCHNICIAN
$ 25 -50
FIELD CREW
$ 20 -45
GRAPHICS
$ 65
OFFICE ASSISTANT
$ 40
WORD PROCESSING
$ 60 •
' Revised August, 1998
2 The hourly rate for work involving actual expenses in court, giving
depositions or similar expert testimony, will be billed at $200 per hour
regardless of job classification.
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ATTACHMENT B
• PROPOSED PROJECT SCHEDULE
•
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NEWPORT DUNES HOTEL EIR SCHEDULE
ID
Task Name
September October November December January February March April May
1
Screencheck EIR - Task 1
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2
Traffic Technical Study (Wes Pringle)
3
Air /Noise Technical Studies (Maestre Greve)
4
Bio. Resources Technical Study (Pacific Southwest)'.
6
Review of Technical Studies
6
Revisions to Technical Studies
7
Visual Analysis
B
Meeting with Applicant/Architect
9
Visual Simulations by Applicant
10
Review of Simulations
11
Revisions to Simulations by Applicant
12
LSA Prepare EIR Sections
13
City Review of Preliminary SCEIR
14
Revisions to Preliminary SCEIR
16
City Review of Final SCEIR
16
Prepare DEIR
17
DEIR Printing/Distribution
18
DEIR Public Review Period
19
Prepare Response to Comments
20
City Review of Response to Comments
21
Proposed FEIR/Findings/Oveniding Considerations
22
City Review of FEIR/Flndings Overriding Considerations
23
EOAC Meeting
24
Planning Commission Meeting
26
City Council Meeting
'roject: Newport Dunes Hotel
)ate: 9/10/98
Task Milestone Summary
\IRV041HOMEUUFES \SCHEDUL.MPP Pa-