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HomeMy WebLinkAboutC-3619 - Professional environmental services to prepare an EIR for the St. Andrews Church project0 0 c- �v iq PROFESSIONAL SERVICES AGREEMENT WITH KEETON KREITZER CONSULTING FOR PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE ST. ANDREWS CHURCH EXPANSION PROJECT THIS AGREEMENT, entered into this 1-tl day of 2003, by and between City of Newport Beach, a Municipal Corporation (herein fter referred to as "City "), and Keeton Kreitzer Consulting, whose address is 17782 1 n, Street, Suite 106, Tustin, California, 92612, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City intends to prepare an Environmental Impact Report and other environmental documents in accordance with the California Environmental Quality Act for the St. Andrews Church project (PA2002 -265), located at 600 St. Andrews Road in Newport Beach, California. C. City desires to engage Consultant to provide environmental consulting services for the Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for the purpose of implementing this Agreement is Keeton Kreitzer, Principal of Keeton Kreitzer Consulting, 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 theZ�day of 2003, and shall terminate when the City takes final action on the Environmental Imp t Report, and a notice of determination is filed as required in accordance with unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. All work and documents shall be prepared in accordance with and shall contain all items required by the California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and 0 0 City of Newport Beach ordinances and policies. Consultant shall furnish all environmental documents and forms to City in electronic format, Microsoft Word 2000, or other format acceptable to City. 2.1 If Consultant is requested by City to revise or supplement the draft or final Environmental Impact Report, with additional data, information or analysis as a result of the Environmental Impact Report's failure to comply with requirements of CEQA, Consultant shall provide such revision or supplement at no additional cost to City provided that such revisions are within the scope of work required in Exhibit "A ". 2.2 If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur during the term of this Agreement that require modification of the draft or final Environmental Impact Report, Consutant will perform such additional services on a time - and - materials basis. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "A ". No rate changes shall be made during the term of this Agreement without prior written approval of the Project Administrator. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Ninety -Two Thousand and Thirty dollars and zero cents ($92,030.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the City, and based upon Exhibit „A„ 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of sub - consultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. 2 0 B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.1 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 3 0 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 Keeton Kreitzer to be its Project Manager. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. 7.1 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to 0 a • ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless .7 0 0 otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance 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 or materially altered by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so 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 L 0 0 syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, provide one copy of all existing relevant information on file at City. Consultant shall be entitled to rely upon the accuracy of d ata i nformation p rovided by C ity o r others without i ndependent 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 to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7 0 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which results in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or 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 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. E 0 0 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 City and Consultant agree that subconsultants may be used as specifically identified in Exhibit A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Planning Department Attn: James Campbell 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Phone (949) 644 -3200 Fax (949) 644 -3250 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Keeton Kreitzer Consulting 17782 17`h Street, Suite 106 Tustin, California 92612 Phone (714) 665 -8509 Fax: (714) 665 -8539 E 0 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 by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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 implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 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. 10 0 • 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: 871 Robin Clauson Assistant City Attorney / City of Newport Beach Af ATTEST: LaVonne Harkless City Clerk City of Newport Beach Attachments: Consultant Proposal (Exhibit A) 11 CITY OF NEWPORT BEACH A Municipal Corporation By: *'V..' ✓ ..� Homer udau City Manager City of Newport Beach CONSULTANT: 0 Keeton Kreitzer Principal Keeton Kreitzer 0 Exhibit "A" 0 PROPOSAL FOR THE PREPARATION OF A FOCUSED DRAFT ENVIRONMENTAL IMPACT REPORT ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION NEWPORT BEACH, CA INTRODUCTION Keeton Kreitzer Consulting (KKC) regards the environmental review process as a critical one because if a project is ever going to be challenged, it will be done so first through the environmental review process. St. Andrews Presbyterian Church is located in an area of the city that is characterized by residential development. In addition, Newport Harbor High School is located north of 15th Street, which abuts the subject property. Due to the nature of the proposed project and the potential for significant effects upon the existing environment wherein the project is located, it is important that an environmental impact report (EIR) be prepared that adequately and thoroughly addresses the concerns and issues that have been identified by the City of Newport Beach initially and those that will be identified once the initial study is completed. An initial study has not been completed. Although the scope of the Draft EIR cannot be precisely determined until the initial study is completed, KKC has met with representatives of the City of Newport Beach and St. Andrews Presbyterian Church to identify the nature and extent of the potential issues that would comprise a "focused" EIR. Therefore, the scope of work that is presented in this proposal represents our understanding of the proposed project and the issues that should be included in the Draft focused EIR. The proposal that follows reflects our understanding of the project and our view of the issues associated with the expansion of the facilities occupying the St. Andrews Presbyterian Church site in the City of Newport Beach. It Is important to note that, it necessary, the scope of work will be finalized upon completion of the initial study. The consultant team assembled by KKC is aware of the significance of this project. The EIR prepared by KKC will analyze the project accordingly to ensure that each of the significant issues identified by the City and in the initial study are thoroughly and adequately addressed. Where necessary, appropriate mitigation measures shall be recommended to reduce potential impacts to a less than significant level. As presented in the scope of work that follows, we have presented a step -by -step approach to respond to the mandated environmental review process, beginning with the initial study that is intended to focus the analysis on those issues where potentially significant impacts could occur. Coordination with both City staff and project technical consultants is also a significant element of the scope of work proposed by KKC. Finally, KKC also recognizes the need to meet with the City when describing the need for, as well as the nature and extent of, the environmental analysis to be undertaken. Other important components of the scope of work include the preparation of several technical studies (in addition to those that will be provided by the project applicant), preparation of the environmental analysis, attendance at public hearings, and completion of the required findings and other related documents to support the environmental analysis. Proposal for Environmental Consulting Services St Andrews Presbyterian Church Expansion May 5, 2003 l E 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES If. SCOPE OF SERVICES As indicated above, the scope of services for the focused Draft Environmental Impact Report (Draft EIR) comprises several discrete steps that implement both the State and City of Newport Beach California Environmental Quality Act (CEQA) Guidelines. The major objective to be achieved is the certification of the focused Draft EIR that will require the implementation of several tasks to be undertaken that include, but not limited to, the following: (1) project management and coordination; (2) preparation of technical studies; (3) preparation of the Draft EIR; (4) EIR processing and public participation; (5) preparation of the Final EIR; and (6) preparation of the legal documents that support the Final EIR, including the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Consideration, if necessary. Each work task to be undertaken is identified and described below. Task One - Proiect Management Project management will be an integral part of the planning process. As a result, this task will involve management and coordination of all work to be undertaken to prepare the Draft EIR. In order to ensure that work associated with the preparation of the Draft EIR is progressing in accordance with the schedule, meetings as determined necessary will be conducted that include representatives of the EIR consultant, project applicant, City of Newport Beach, and/or other agencies having an interest in the proposed project. Specifically, this task will accommodate up to three (3) such meetings. In addition to the three meetings and coordination identified above, KKC, in cooperation with City staff, will attend and conduct a Sccping Meeting pursuant to Section 15083 of the State CEQA Guidelines to solicit public comments and direction for the environmental review process. The Scoping Meeting will be held during the 30 -day Notice of Preparation (NOP) comment period. It is important to note that the scope of work may be modified as a result of the issues and concerns identified during the Scoping Meeting. Should such modifications be necessary, a revised budget and scope will be prepared and submitted to the City for approval. The remainder of this task encompasses day -to -day project management and coordination necessary to complete the environmental analysis. The KKC project manager will coordinate the work efforts of the individual technical consultants to ensure that their work addresses the issues identified in the initial study and, it conducted, the scoping meeting. In addition, the entire work effort will be conducted pursuant to the City's environmental review process. As a result, close coordination with the City's project manager will be necessary. In summary, this task will include: • Management and supervision of the EIR consultant team; • Coordination of the proposed project and environmental document with the City of Newport Beach staff to ensure that City policy is incorporated into the Draft EIR; • Consultation with the City of Newport Beach staff and other responsible agencies as determined necessary; and • Attendance at up to four (4) meetings with City staff and the consultant team, including a scoping meeting, as identified above. Estimated Time Frame: As Required Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansicn May 5. 2003 LI 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Estimated Budget: $6,300.00 (Including attendance at one Scoping Meeting) Task Two - Initial Study /Notice of Preparation (NOP) KKC proposes to prepare an expanded initial study in order to "focus" the analysis presented in the Draft EIR to only those issues where it cannot be shown that either potentially significant impacts will not occur or, where potentially significant impacts are anticipated but they will be reduced to an acceptable level (i.e., less than significant) through the imposition of mitigation measures. The expanded initial study will contain additional environmental analysis to support the analysis presented in the document, which conclude that where an environmental topic is less than significant, resulting in no need for further analysis. Specifically, the purpose of the initial study is twofold: (1) to identify those issues that will be the subject of the analysis contained in the Focused Draft EIR; and (2) to eliminate from further analysis those environmental issues, if any, where it can be shown that potential impacts resulting from project implementation will be less than significant. This analysis, therefore, must be necessarily comprehensive and exhaustive and, where necessary, it will identify specific mitigation measures and /or standard conditions that must be incorporated into the project to ensure that any potentially significant impacts that may occur are reduced to a level of significance in order to eliminate additional analysis in the Focused Draft EIR. The environmental analysis included in the initial study will be based on the existing data base and related technical studies that are germane to development of the subject property. Where necessari, information and technical analysis prepared by the applicant and /or applicant's technical consultants will also be used to evaluate the potential impacts associated with project implementation. Once the initial study is completed and the environmental determination made, a Notice of Preparation will be prepared by the consultant. The NOP, together with the initial study, will be distributed via certified mail (return receipt) to all recipients included on a master distribution list established in consultation with City staff as determined appropriate by the City of Newport Beach. The recipients will include all responsible and trustee agencies as well as interested organizations and individuals as determined by the City. Estimated Time Frame: 5 Weeks (including City review) Estimated Budget: $6,600.00 Task Three - Sub Consultant Studies In order to adequately evaluate project - related impacts, it will be necessary to undertake three technical studies, including: (1) traffic and parking analysis; (2) acoustical analysis; and (3) air quality analysis. These studies, which will be conducted by the project team members, are identified below: Pr000sal for Environmental Consulting Services S[ Andrews Presbyterian Church E.roansion May 5, 2003 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Traffic and Parking Noise Air Quality Kimley -Horn Associates, Inc. Mestre Greve Associates Mestre Greve Associates The scopes of work and budgets for the noise and air quality analyses are included in this proposal; however, the scope of work and budget for the detailed traffic and parking analysis will be submitted under separate cover to the City. Estimated Time Frame: $41,050.00 Estimated Budget: $ 4,900.00 (Noise) $ 4,400.00 (Air Quality) $31,750.00 (Parking and Traffic) Task Four - Preparation of the Screencheck EIR The most significant task to be undertaken as part of the proposed work program is that of preparing the Focused Draft EIR. A Screencheck EIR will be the precursor to the Draft document and will be submitted to the City for review and comment prior to the preparation of the Draft EIR. This work effort will encompass both primary and secondary research to establish the ambient environmental conditions, understand in detail the environmental impacts associated with the proposed project, evaluate proposed mitigation measures and /or recommend additional mitigation measures to eliminate or reduce environmental impacts to an acceptable level. Although the scope of the Draft EIR will be formally determined when the initial study (refer to Task Two) is completed, this proposal assumes that the EIR will address only five issues: Traffic and Parking, Noise, Air Quality, Land Use /Relevant Planning, and Aesthetics, based on a preliminary review of the proposed project as well as direction provided by the City of Newport Beach. The Draft EIR outline proposed for the project is presented below, followed by a brief discussion of the information that will be included in each section of the document. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 'l 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Draft EIR Table of Contents St. Andrews Presbyterian Church Expansion Newport Beach, CA CHAPTER 1.0 - EXECUTIVE SUMMARY 1.1 Description of the Proposed Project 1.1.1 Project Location 1.1.2 Project Description 1.1.3 Project Phasing 1.1.4 Project Objectives 1.2 Alternatives 1.2.1 Summary of Alternatives 1.2.2 Environmental Superior Alternative 1.3 Areas of Controversy 1.4 Issues to be Resolved 1.5 Impact Summary Table CHAPTER 2.0 - INTRODUCTION 2.1 Purpose of the Draft EIR 2.1.1 Authority 2.1.2 Incorporation by Reference 2.1.3 Intended Uses of the Draft EIR 2.1.4 Related Approvals 2.1.5 Agencies Having Jurisdiction 2.1.6 Availability of the Draft EIR 2.2 Methodology 2.2.1 Existing Environmental Setting 2.2.2 Significance Criteria 2.2.3 Project Design Features /Standard Conditions 2.2.4 Environmental Impact Analysis 2.2.5 Mitigation Measures 2.2.6 Level of Significance After Mitigation CHAPTER 3.0 - PROJECT DESCRIPTION Proposal for Environmental Consulting Services St Andrews Presbyterian Church Expansion May 5, 2003 5 11 10 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES 3.1 Project Location 3.2 Definition of the Project Site 3.3 Environmental Setting 3.4 History and Evolution of the Proposed Project 3.5 Project Description 3.6 Project Phasing 3.7 Project Objectives CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS 4.1 Traffic and Circulation and Parking 4.2 Noise 4.2 Air Quality 4.4 Land Use /Relevant Planning 4.5 Aesthetics CHAPTER 5.0 - CUMULATIVE IMPACTS 5.1 Description of Cumulative Projects 5.2 Cumulative Impacts Analysis 5.1 Traffic and Circulation and Parking 5.2 Noise 5.3 Air Quality 5.4 Land Use /Relevant Planning 5.5 Aesthetics Proposal for Environmental Consulting Services St, Andrews Presbyterian Church Expansion May 5, 2003 6 1,6 • PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES CHAPTER 6.0 - ALTERNATIVES TO THE PROPOSED PROJECT 6.1 Introduction 6.1.1 Purpose and Scope 6.1.2 Criteria of Alternatives 6.1.3 Identification of Alternatives 6.2 Analysis of Alternatives 6.2.1 No Project Alternative 6.2.2 Reduced Scale Alternative 6.2.3 Alternative Site 6.3 Summary of Alternatives 6.4 Identification of Environmentally Superior Alternative CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED CHAPTER 8.0 - GROWTH- INDUCING IMPACTS CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED CHAPTER 12.0 - BIBLIOGRAPHY TECHNICAL APPENDIX A. Notice of Preparation/Initial Study B. Traffic and Parking Analysis C. Acoustical Analysis D. Air Quality Analysis A summary of the information and analyses to be included in each of the sections identified in the preceding table of contents is presented below. Proposal for Environmental Consulting Services SL Andrews Presbyterian Church Expansion May 5, 2003 7 I 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES 1.0 Executive Summary A summary of the project location, description and objectives will be presented in this section as well as a summary of the potential impacts, mitigation measures, and unavoidable environmental consequences, presented in a matrix or table format. This section will also include a brief description of each alternative (including identification of the "environmentally superior" alternative), a list of potential areas of controversy, and issues to be resolved as required by the State CEOA Guidelines. 2.0 Introduction This introductory section will identify the purpose and scope of the Draft EIR, the contents of the document, the authority by which it has been required, the agencies having jurisdiction over the project, and the intended uses of the document (i.e., subsequent discretionary and /or permit approvals). 3.0 Project Description A complete description of the project, including its history and evolution, location, parameters, phasing (if available), and all actions necessary to implement the proposed project will be presented in this section. The description will include a narrative component and statistical tables as appropriate to adequately describe the nature, scope and Intensity of the project. This section will also include a brief presentation of background information necessary to provide a context for the applications. 4.0 Environmental Analysis The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions on the subject property and in the environs and to identify the potential impacts or consequences that may result from implementation of the proposed project. This section will contain the environmental analysis for each issue that has been determined to be the subject of the Draft EIR. The extent of the analysis and documentation for each issue will be identified in the initial study undertaken in Task Two as well as in NOP comments and during the public scoping meeting (if a scoping meeting is conducted). In some cases, the discussion will be a summary of a technical study prepared by a member of the applicant's consultant team. In each case where a technical study will be the basis for the environmental analysis contained in the EIR, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project- related impacts, and identify /recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. As indicated in the recommended Table of Contents, the environmental analysis will evaluate potential impacts to traffic and parking, noise, air quality, land use /relevant planning, and aesthetics. The scope of work included in this proposal does not include the preparation of any technical studies. Therefore, it should be noted that the land use studies and other technical documentation prepared by /for the applicant and /or City of Newport Beach will be utilized to the extent they are applicable to the proposed project. In order to facilitate the analysis of each issue, a standard format will be employed to analyze each Issue thoroughly. This format Is presented below with a brief discussion of the Information included within each topic. Existing Environmental Setting Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 2� L PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES This introductory section describes the existing environmental conditions related to each issue analyzed in the Draft EIR. In accordance with the State CEQA Guidelines, both the local and regional settings are discussed as they exist prior to implementation of the proposed project. This documentation wilt serve as the baseline upon which the project- related impacts will be evaluated. Significance Criteria Specific criteria will be identified and presented in this section of the Draft EIR upon which the significance of the project - related potential impacts is determined. The significance criteria which are the basis of the environmental analysis contained in the Draft EIR will be derived from the significant effects presented in the State CEQA Guidelines, adopted local (i.e., City of Newport Beach, etc.), State and /or federal policies and programs that may apply; and other commonly accepted technical and non - technical standards determined to be appropriate by the lead agency (i.e., County of Orange, etc.). Project Design Features /Standard Conditions This section of the document will identify specific project design features (PDF) that will be incorporated into the proposed project that are intended to preempt project - related impacts (e.g., incorporation of mature landscaping, etc.) by the applicant as well as standard conditions (SC) that are typically imposed by regulatory agencies (e.g., adherence to the Uniform Building Code) on development in order to ensure safety and minimize adverse environmental effects. The discussion of potential environmental impacts in Chapter 4 will reflect the incorporation of any PDFs and SCs included this section. Environmental Impact Analysis The environmental analysis for each issue, which has been determined to be the subject of the Draft EIR, is contained in this section of the document. The extent of the analysis and documentation for each issue will be identified in the initial study (refer to Task Two). In some cases, the discussion will be a summary of a technical study prepared by the applicant's or EIR consultant's project team. In such case, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project - related impacts. and identify /recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, it feasible. All project - related impacts, including those associated with all phases of the proposed project, will be clearly and adequately analyzed in accordance with the State CEQA Guidelines. It should be noted that any previous land use studies and /or other technical documentation prepared by /for the applicant and /or City of Newport Beach will be utilized to the extent it is applicable to the proposed project. In order to facilitate the impact analysis, the following outline will be utilized in preparing the project - related environmental analysis. Potential Effects of the Project Found to be Insignificant Short- Term /Construction Impacts Long- Term /Ope rational Impacts Potential Effects of the Project Found to be Significant Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 Z 9 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Short- Term /Construction Impacts Long-Term/Operational Impacts Mitigation Measures Where a potential significant environmental effect has been identified based on the criteria identified in analysis and that impact cannot be avoided, mitigation measures will be identified and included in this section of the document which "... minimize significant adverse impacts ... for each significant environmental effect identified in the EIR", as prescribed in the State CEQA Guidelines. Level of Significance after Mitigation Unavoidable significant adverse impacts are those effects that either cannot be mitigated or they remain significant even after mitigation is incorporated into the proposed project. These significant effects will be identified in this section of the Draft EIR. Prior to approval of the proposed project, the Newport Beach City Council will be required to adopt a Statement of Overriding Considerations that identifies and describes the public benefit(s) associated with project implementation that offset the significant impacts. Additionally, the State CEQA Guidelines requires a discussion of "any inconsistencies between the proposed project and applicable general plans and regional plans." This discussion will occur within Section 4.4 (Land Use /Relevant Planning). 5.0 Cumulative Impacts This section of the Draft EIR will focus on other projects that are proposed or approved in the project environs that would create demands on servicing agencies and affect the ability of those agencies to continue to provide an adequate level of service. The City of Newport Beach will identify any projects that have been proposed or are approved in the vicinity of the proposed project within its jurisdiction. In addition, the environmental consultant will query adjacent municipalities in an effort to identify additional projects in the vicinity of the subject property. These other projects will be evaluated with the proposed project to determine project - related cumulative impacts. This section of the Draft EIR will also provide a discussion of these cumulative projects and their potential impacts on the several issues analyzed in Chapter 4.0 of the document. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 10 J2 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES 6.0 Alternatives to the Proposed Project Chapter 6.0 will provide a qualitative impact analysis of the alternatives identified by the City of Newport Beach. Three potential alternatives will be identified by the City during the initial stages of the analysis; a maximum of four alternatives will be evaluated in the Draft EIR, including the "no project" alternative as prescribed by the State CEQA Guidelines. 7.0 Significant Irretrievable Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented Those impacts, which cannot be avoided, even with the implementation of mitigation measures, will be identified and summarized from the discussions contained in Chapter 4.0. 8.0 Growth- Inducing Impacts The manner in which the project could foster economic and /or population growth, either directly or indirectly, in the surrounding area will be thoroughly discussed. The characteristics of the project, which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively, will also be discussed in this chapter. 9.0 Inventory of Mitigation Measures This chapter of the document will include a comprehensive listing of the mitigation measures that will be required as a result of project implementation. This listing of mitigation measures will be used to create the mitigation monitoring and reporting program that will stipulate the timing and responsibility for each mitigation measure. 10.0 Inventory of Unavoidable Significant Adverse Impacts A comprehensive listing of the potential unavoidable adverse impacts (i.e., those that cannot be mitigated to a less than significant level) that are anticipated as a result of project implementation will be presented in this section of the Draft EIR. In addition, cumulative impacts that are significant and unavoidable will also be identified and listed. 11.0 Organizations and Persons Consulted A comprehensive listing of each individual and the organization with which the individual is associated will be included in this Chapter of the Draft EIR to document the source of the information utilized in the environmental analysis. 12.0 Bibliography Each document used as a reference or source of information will also be identified and presented in the Bibliography that will serve as a reference to those reviewing the Draft EIR. Pursuant to current CEQA requirements, the location(s) where each of the bibliographic references is maintained will be identified in this chapter to facilitate the review should the reference materials be needed. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 11 Z'�? 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Upon completion of the Screencheck EIR, the EIR consultant will print five (5) copies of the document and submit them to the Citys Planning Department for review and comment. Estimated Time Frame: 8 Weeks (including 30 -day NOP comment period) Estimated Budget: $19,200.00 Task Five - Preparation of the Draft EIR All comments on the information and analysis contained in the Screencheck EIR made by City staff during their review will be forwarded to the EIR consultant for incorporation into the Draft EIR. It is anticipated that the Citys review will be completed within a two -week period. The City will review the document to ensure that the information contained within it is adequate and complete before the Draft EIR is printed and distributed. A total of fifty (50) copies of the Draft EIR will be printed once it is approved by the Newport Beach Planning Department staff; once released by City staff, the environmental consultant will distribute the Draft EIR with the Notice of Completion (NOC) for a 45 -day public review and comment period. The document will be mailed via certified mail (return receipt) to the entities identified on the master distribution list that also received the NOP. Estimated Time Frame: 6 Weeks Estimated Budget: $3,000.00 Task Six - Response to Public Comments At the end of the State - mandated 45 -day public review period, all comments received by the City from local, State and other responsible agencies and interested parties will be forwarded to the EIR consultant. Each comment will be addressed as it relates to the adequacy of the Draft EIR. An appendix to the Draft EIR will be prepared that includes a listing of each agency/individual commenting on the Draft EIR, the correspondence received from the commentator, and the responses prepared for each comment. A total of 30 copies of the responses to public comments appendix will be submitted to the City of Newport Beach Planning Department. Estimated Time Frame: 4 Weeks Estimated Budget: $4,500.00 Task Seven - Final EIR Once the Draft EIR is certified, the Final EIR will be prepared. That document will consist of the response to comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the Final EIR will include "redline /strikeout" revisions that reflect changes resulting from comments received during the public review and comment period. A total of ten (10) copies of the Final EIR will be printed and submitted to the Planning Department. Estimated Time Frame: 2 Weeks Estimated Budget: $1,500.00 Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 12 Z4 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Task Eight - Mitigation Monitoring Program /Findings /Statement of Overriding Considerations The EIR consultant will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. This document will be presented to the City of Newport Beach and will identify each mitigation measure to be carried out if the project is implemented, the entity that will be responsible for implementing the mitigation measure(s), and when each measure will be implemented. In addition, the Findings of Fact and Statement of Overriding Consideration, if determined necessary (i.e., unavoidable significant adverse impacts), will also be prepared and submitted to the City for review and presentation to the City of Newport Beach Planning Commission and City Council for certification prior to approval of the proposed project. Estimated Time Frame: 4 Weeks Estimated Budget: $4,200.00 Task Nine - Public Hearings The EIR consultant will attend all public hearings, including those of the Newport Beach Planning Commission and the City Council. The estimated budget proposed for this task will accommodate up to four (4) hearings, including two (2) before the Planning Commission and two (2) before the City Council. The Project Manager will attend each and be responsible for making all presentations and responding to questions raised during the public hearings. Should additional hearings be required, they will be charged at the appropriate hourly rate. Estimated Time Frame: As Required Estimated Budget: $1,680.00 III. PROJECT SCHEDULE The scope of services through Task Four (i.e., submittal of the Screencheck EIR) presented in this proposal can be accomplished in approximately 16 weeks from issuance of the Notice to Proceed. This schedule is presented below. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 13 �7 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Project Schedule St. Andrews Presbyterian Church Expansion Draft EiR Newport Beach, CA Task Description Estimated Schedule 1 Project Mana ement As Required 2 Initial Stud /Notice of Preparation 6 Weeks NOP Comment Period 4 Weeks 3 Technical Studies 8 Weeks 4 Preparation of Screencheck EIR 8 Weeks 5 Preparation of Draft EIR 4 Weeks Notice of Completion/Draft EIR Public Comment Period 6 Weeks 6 Response to Comments 4 Weeks 7 Preparation of Final EIR 2 Weeks 8 Preparation of Findings /Mitigation Monitoring Program /Statement of Overriding Considerations 4 Weeks 9 Public Hearings As Required 'Includes City staff review. ZPrepared during 45-day Public Review Period. IV. ESTIMATED BUDGET The scope of services and work project described in Section II of this proposal will be undertaken and completed for an estimated fee of $92,030.00. This fee includes project management, preparation of the traffic and parking, noise, and air quality technical studies, the environmental impact analysis (including the Draft and Final EIRs), and attendance at public hearings; however, the budget estimate does not reflect the cost to conduct the traffic and parking analysis. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 14 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Estimated Budget St. Andrews Presbyterian Church Expansion Draft EIR Newport Beach, CA Estimated Task Descri tion Budget 1 Project Management $ 6,300.00 2 Initial Stud /Notice of Preparation 6,600.00 3 Sub - Consultant Studies ($41,050.00) Traffic and Parking 31,750.00 Noise 4,900.00 Air Quality 4,400.00 4 Preparation of Screencheck EIR 19,200.00 5 Preparation of Draft EIR 3,000.00 6 Response to Public Comments 4,500.00 7 Preparation of Final EIR 1,500.00 8 Preparation of Findings /Mitigation Monitoring 4,200.00 Pro ram /Statement of Overriding Considerations 9 Public Hearings 1,680.00 Sub -Total - Professional Fees $ 88,030.00 Printinq and Reproduction /Su lies /Posta e $ 4,000.00 Total Estimated Budget $ 92,030.00 'Includes attendance at one (1) Scoping Meeting. 2Estimate only. Subject to review and negotiation based on nature and extent of public comments received during the public review period. 3Includes printing and reproduction associated with 5 copies of the Screencheck EIR, 50 copies of the Draft EIR, and 10 copies of the Final EIR. V. RESPONSIBILITY OF PROJECT APPLICANT /CITY OF NEWPORT BEACH The following information shall be provided to the consultant in order to complete the analysis described in this proposal. 1. All previous environmental documents prepared for the subject property and vicinity of the property. 2. All pertinent technical analyses prepared for the applicant and /or City, including, but nct limited to: (1) soils and geology; (2) hydrology and engineering; (4) infrastructure assessment; (5) cultural, historic, and scientific resources assessments; (6) visual simulations and analysis; and (7) Phase I and (if necessary) Phase II Assessments. 3. A large -scale topographic map (i.e., 1" = 100') of the subject property (in reproducible form). Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 15 Z1 • PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES 4. Aerial photograph, if available. 5. A complete project description, including a statistical summary of the proposed project and plans reflecting the proposed development plan and related discretionary actions (e.g., General Plan Amendment, etc.) necessary to implement the proposed project. 6. Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan, etc. 7. Phasing/Development Plan that provides statistical summary of the anticipated sequence of development. S. Large -scale plans reflecting grading and site design. 9. Cross - sections illustrating "existing" and "post - development' conditions. 10. Adopted City of Newport Beach General Plan (all elements, including Local Coastal Program) and Zoning Ordinance. 11. Impact significance criteria adopted by the City of Newport Beach (if any). 12. List of cumulative projects (i.e., proposed, approved and pending). 13. Notice of Preparation distribution list. VI. STATEMENT OF OFFER/TERMS OF AGREEMENT The EIR consultant and technical consultants identified in this proposal are prepared to begin work on the St. Andrews Presbyterian Church Expansion Draft EIR immediately upon execution of the contract. You may be assured that should we be selected to provide the environmental services described in this proposal, we shall devote our full resources to the project and will approach it with the highest degree of enthusiasm, objectivity, and professionalism possible. We shall perform all work described in this proposal for an estimated budget of $92,030.00. This offer is valid for a period of sixty (60) days. it should be emphasized that these costs are based upon the assumptions made on the scope of the project; should the scope change significantly, necessitating a change to the work program, we will contact you immediately and amend both the scope of services and estimated budget accordingly. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 f[.. ■/ TO: FROM: 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io June 10, 2003 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Planning Department James Campbell, (949) 644 -3210, jampbell@city.newport-beach.ca.us SUBJECT: Professional Services Agreement to prepare an Report for the St. Andrews Church project. uj RECOMMENDATION: Approve a Professional Services Agreement with Keeton Kreitzer Consulting of Tustin, California, for professional environmental services to prepare an Environmental Impact Report for a not to exceed cost of $92,030. DISCUSSION: The St. Andrews Church, located at 600 St. Andrews Road, has submitted an application for a General Plan Amendment and Use Permit to construct approximately 35,000 sq. ft. of new buildings and reconstruct several existing buildings. Staff has conducted a preliminary evaluation of the proposed project and has concluded that an Environmental Impact Report should be prepared for the project. Council Policy K -3 allows the City to select a qualified consultant for environmental services without a competitive bidding process. However, staff requested a proposal from two consultants at the request of the applicant. The proposal from Keeton Kreitzer Consulting was selected for approval due to experience and cost. Mr. Kreitzer has prepared an environmental impact report for a controversial church expansion project for another community and this previous experience led staff to identify the firm as the best qualified consultant to perform the work. The consultant has provided a proposal to perform professional environmental services for the City of Newport Beach for the preparation and processing of a project level Environmental Impact Report and supporting documents for the project. A copy of the proposal is attached to the draft professional services agreement that is attached to this report. The proposal contains the scope of services through the completion of the Draft Project EIR, proposed budget, and time schedule for preparation and processing the environmental documentation. St. Andrews EIR June 10, 2003 Page 2 Staff has reviewed the scope of services and believes that it will be adequate to meet or exceed the minimum requirements set forth by the California Environmental Quality Act. The scope of services will include an expanded traffic study to be prepared by Kimley- Hom & Associates that will look at the broader neighborhood context of the project and parking issues. The traffic proposal, which is included in the scope of services prepared by Mr. Kreitzer, is also attached for review. The environmental consulting fees for tasks described in the scope of services including staff hours, technical studies, direct expenses, and printing have been reviewed by staff and are considered appropriate and warranted. Funding Availability: The cost of the contract, including staff time associated with its review and production, will be the responsibility of St. Andrews Church. Prepared by: ' 1 James W. dampbelf Submitted by: S aron Z. Wood Attachments: 1. Draft Professional Services Agreement with draft proposal from Keeton Kreitzer Consulting. 2. Traffic proposal from Kimly -Hom 0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this _ day of 2003, by and between City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Keeton Kreitzer Consulting, whose address is 17782 174' Street, Suite 106, Tustin, California, 92612, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City intends to prepare an Environmental Impact Report and other environmental documents in accordance with the California Environmental Quality Act for the St. Andrews Church project (PA2002 -265). located at 600 St. Andrews Road in Newport Beach, California. C. City desires to engage Consultant to provide environmental services for the Project upon the terms and conditions contained in this Agreement. D. The principal worker of Consultant for the purpose of implementing this Agreement is Keeton Kreitzer, Principal of Keeton Kreitzer Consulting. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: TERM The term of this Agreement shall commence on the _ day of . 2003, and shall terminate when the City takes final action on the Environmental Impact Report, and a notice of determination is filed as required in accordance with unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. All work and documents shall be prepared in accordance with and shall contain all items required by the California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and City of Newport Beach ordinances and policies. Consultant shall furnish Attachment No. 1 3 0 • all environmental documents and forms to City in electronic format, Microsoft Word 2000, or other format acceptable to City. 2.1 If Consultant is requested by City to revise or supplement the draft or final Environmental Impact Report, with additional data, information or analysis as a result of the Environmental Impact Report's failure to comply with requirements of CEQA, Consultant shall provide such revision or supplement at no additional cost to City provided that such revisions are within the scope of work required in Exhibit "A ". 2.2 If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur during the term of this Agreement that require modification of the draft or final Environmental Impact Report, Consultant will perform such additional services on a time- and - materials basis. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "A". No rate changes shall be made during the term of this Agreement without prior written approval of the Project Administrator. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Ninety -Two Thousand and Thirty dollars and zero cents ($92,030.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the City, and based upon Exhibit "A„ 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of sub - consultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. `a 1i 0 L7 C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of five percent (5 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that k has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.1 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 3 0 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 Keeton Kreitzer to be its Project Manager. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. 7.1 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in Exhibit °A ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other parry 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 0 i ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless 0 • otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so 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. 0 9 0 0 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia 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 7 M 0 make transcripts or copies of such records during shall allow inspection of all work, data, documents, the Agreement for a period of three (3) years from Agreement. 20. WITHHOLDINGS 0 normal business hours. Consultant proceedings and activities related to the date of final payment under this City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 22. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 23. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 24. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. [: to 0 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Planning Department 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Phone (949) 644 -3200 Fax (949) 644 -3250 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Keeton Kreitzer Consulting 17782 17th Street, Suite 106 Tustin, California 92612 Phone (714) 665 -8509 Fax: (714) 665 -8539 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the 0 0 same or any other term, covenant or condition contained herein whether of the same or a different character. 28. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 29. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk City of Newport Beach Attachments: Consultant Proposal (Exhibit A) 10 CITY OF NEWPORT BEACH A Municipal Corporation By: Homer Bludau City Manager City of Newport Beach CONSULTANT: By: Keeton Kreitzer Principal Keeton Kreitzer Consulting rz 0 Exhibit "A" 0 PROPOSAL FOR THE PREPARATION OF A FOCUSED DRAFT ENVIRONMENTAL IMPACT REPORT ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION NEWPORT BEACH, CA 1. INTRODUCTION Keeton Kreitzer Consulting (KKC) regards the environmental review process as a critical one because if a project is ever going to be challenged, it will be done so first through the environmental review process. St. Andrews Presbyterian Church is located in an area of the city that is characterized by residential development. In addition, Newport Harbor High School is located north of 15'" Street, which abuts the subject property. Due to the nature of the proposed project and the potential for significant effects upon the existing environment wherein the project is located, it is important that an environmental impact report (EIR) be prepared that adequately and thoroughly addresses the concerns and issues that have been identified by the City of Newport Beach initially and those that will be identified once the initial study is completed. An initial study has not been completed. Although the scope of the Draft EIR cannot be precisely determined until the initial study is completed, KKC has met with representatives of the City of Newport Beach and St. Andrews Presbyterian Church to identify the nature and extent of the potential issues that would comprise a "focused" EIR. Therefore, the scope of work that is presented in this proposal represents our understanding of the proposed project and the issues that should be included in the Draft focused EIR. The proposal that follows reflects our understanding of the project and our view of the issues associated with the expansion of the facilities occupying the St. Andrews Presbyterian Church site in the City of Newport Beach. It is important to note that, if necessary, the scope of work will be finalized upon completion of the initial study. The consultant team assembled by KKC is aware of the significance of this project. The EIR prepared by KKC will analyze the project accordingly to ensure that each of the significant issues identified by the City and in the initial study are thoroughly and adequately addressed. Where necessary, appropriate mitigation measures shall be recommended to reduce potential impacts to a less than significant level. As presented in the scope of work that follows, we have presented a step -by -step approach to respond to the mandated environmental review process, beginning with the initial study that is intended to focus the analysis on those issues where potentially significant impacts could occur. Coordination with both City staff and project technical consultants is also a significant element of the scope of work proposed by KKC. Finally, KKC also recognizes the need to meet with the City when describing the need for, as well as the nature and extent of, the environmental analysis to be undertaken. Other important components of the scope of work include the preparation of several technical studies (in addition to those that will be provided by the project applicant), preparation of the environmental analysis, attendance at public hearings, and completion of the required findings and other related documents to support the environmental analysis. Proposal for Environmental Consulting Services St Andrews Presbyterian Church Expansion May 5, 200.? 1-5 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES II. SCOPE OF SERVICES As indicated above, the scope of services for the focused Draft Environmental Impact Report (Draft EIR) comprises several discrete steps that implement both the State and City of Newport Beach California Environmental Quality Act (CEQA) Guidelines. The major objective to be achieved is the certification of the focused Draft EIR that will require the implementation of several tasks to be undertaken that include, but not limited to, the following: (1) project management and coordination; (2) preparation of technical studies; (3) preparation of the Draft EIR; (4) EIR processing and public participation; (5) preparation of the Final EIR; and (6) preparation of the legal documents that support the Final EIR, including the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Consideration, if necessary. Each work task to be undertaken is identified and described below. Task One - Proiect Management Project management will be an integral part of the planning process. As a result, this task will involve management and coordination of all work to be undertaken to prepare the Draft EIR. In order to ensure that work associated with the preparation of the Draft EIR is progressing in accordance with the schedule, meetings as determined necessary will be conducted that include representatives of the EIR consultant, project applicant, City of Newport Beach, and/or other agencies having an interest in the proposed project. Specifically, this task will accommodate up to three (3) such meetings. In addition to the three meetings and coordination identified above, KKC, in cooperation with City staff, will attend and conduct a Scoping Meeting pursuant to Section 15083 of the State CEQA Guidelines to solicit public comments and direction for the environmental review process. The Scoping Meeting will be held during the 30 -day Notice of Preparation (NOP) comment period. It is important to note that the scope of work may be modified as a result of the issues and concerns identified during the Scoping Meeting. Should such modifications be necessary, a revised budget and scope will be prepared and submitted to the City for approval. The remainder of this task encompasses day -to -day project management and coordination necessary to complete the environmental analysis. The KKC project manager will coordinate the work efforts of the individual technical consultants to ensure that their work addresses the issues identified in the initial study and, if conducted, the scoping meeting. In addition, the entire work effort will be conducted pursuant to the City's environmental review process. As a result, close coordination with the City's project manager will be necessary. In summary, this task will include: • Management and supervision of the EIR consultant team; • Coordination of the proposed project and environmental document with the City of Newport Beach staff to ensure that City policy is incorporated into the Draft EIR; • Consultation with the City of Newport Beach staff and other responsible agencies as determined necessary; and • Attendance at up to four (4) meetings with City staff and the consultant team, including a scoping meeting, as identified above. Estimated Time Frame: As Required Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 H 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Estimated Budget: $6,300.00 (Including attendance at one Scoping Meeting) Task Two - Initial Study /Notice of Preparation (NOP) KKC proposes to prepare an expanded initial study in order to "focus" the analysis presented in the Draft EIR to only those issues where it cannot be shown that either potentially significant impacts will not occur or, where potentially significant impacts are anticipated but they will be reduced to an acceptable level (i.e., less than significant) through the imposition of mitigation measures. The expanded initial study will contain additional environmental analysis to support the analysis presented in the document, which conclude that where an environmental topic is less than significant, resulting in no need for further analysis. Specifically, the purpose of the initial study is twofold: (1) to identify those issues that will be the subject of the analysis contained in the Focused Draft EIR; and (2) to eliminate from further analysis those environmental issues, if any, where it can be shown that potential impacts resulting from project implementation will be less than significant. This analysis, therefore, must be necessarily comprehensive and exhaustive and, where necessary, it will identify specific mitigation measures and/or standard conditions that must be incorporated into the project to ensure that any potentially significant impacts that may occur are reduced to a level of significance in order to eliminate additional analysis in the Focused Draft EIR. The environmental analysis included in the initial study will be based on the existing data base and related technical studies that are germane to development of the subject property. Where necessary, information and technical analysis prepared by the applicant and /or applicant's technical consultants will also be used to evaluate the potential impacts associated with project implementation. Once the initial study is completed and the environmental determination made, a Notice of Preparation will be prepared by the consultant. The NOP, together with the initial study, will be distributed via certified mail (return receipt) to all recipients included on a master distribution list established in consultation with City staff as determined appropriate by the City of Newport Beach. The recipients will include all responsible and trustee agencies as well as interested organizations and individuals as determined by the City. Estimated Time Frame: 5 Weeks (including City review) Estimated Budget: $6,600.00 Task Three - Sub Consultant Studies In order to adequately evaluate project - related impacts, it will be necessary to undertake three technical studies, including: (1) traffic and parking analysis; (2) acoustical analysis; and (3) air quality analysis. These studies, which will be conducted by the project team members, are identified below: Proposal for Environmental Consulting Services St Andrews Presbyterian Church Expansion May 5, 2003 r5 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Traffic and Parking Noise Air Quality Kimley -Horn Associates, Inc. Mestre Greve Associates Mestre Greve Associates The scopes of work and budgets for the noise and air quality analyses are included in this proposal; however, the scope of work and budget for the detailed traffic and parking analysis will be submitted under separate cover to the City. Estimated Time Frame: $41,050.00 Estimated Budget: $ 4,900.00 (Noise) $ 4,400.00 (Air Quality) $31,750.00 (Parking and Traffic) Task Four- Preparation of the Screencheck EIR The most significant task to be undertaken as part of the proposed work program is that of preparing the Focused Draft EIR. A Screencheck EIR will be the precursor to the Draft document and will be submitted to the City for review and comment prior to the preparation of the Draft EIR. This work effort will encompass both primary and secondary research to establish the ambient environmental conditions, understand in detail the environmental impacts associated with the proposed project, evaluate proposed mitigation measures and /or recommend additional mitigation measures to eliminate or reduce environmental impacts to an acceptable level. Although the scope of the Draft EIR will be formally determined when the initial study (refer to Task Two) is completed, this proposal assumes that the EIR will address only five issues: Traffic and Parking, Noise, Air Quality, Land Use /Relevant Planning, and Aesthetics, based on a preliminary review of the proposed project as well as direction provided by the City of Newport Beach. The Draft EIR outline proposed for the project is presented below, followed by a brief discussion of the information that will be included in each section of the document. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 200.3 /6 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Draft EIR Table of Contents St. Andrews Presbyterian Church Expansion Newport Beach, CA CHAPTER 1.0 - EXECUTIVE SUMMARY 1.1 Description of the Proposed Project 1.1.1 Project Location 1.1.2 Project Description 1.1.3 Project Phasing 1.1.4 Project Objectives 1.2 Alternatives 1.2.1 Summary of Alternatives 1.2.2 Environmental Superior Alternative 1.3 Areas of Controversy 1.4 Issues to be Resolved 1.5 Impact Summary Table CHAPTER 2.0 - INTRODUCTION 2.1 Purpose of the Draft EIR 2.1.1 Authority 2.1.2 Incorporation by Reference 2.1.3 Intended Uses of the Draft EIR 2.1.4 Related Approvals 2.1.5 Agencies Having Jurisdiction 2.1.6 Availability of the Draft EIR 2.2 Methodology 2.2.1 Existing Environmental Setting 2.2.2 Significance Criteria 2.2.3 Project Design Features /Standard Conditions 2.2.4 Environmental Impact Analysis 2.2.5 Mitigation Measures 2.2.6 Level of Significance After Mitigation CHAPTER 3.0 - PROJECT DESCRIPTION Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 5 1'7 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES 3.1 Project Location 3.2 Definition of the Project Site 3.3 Environmental Setting 3.4 History and Evolution of the Proposed Project 3.5 Project Description 3.6 Project Phasing 3.7 Project Objectives CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS 4.1 Traffic and Circulation and Parking 4.2 Noise 4.2 Air Quality 4.4 Land Use /Relevant Planning 4.5 Aesthetics CHAPTER 5.0 - CUMULATIVE IMPACTS 5.1 Description of Cumulative Projects 5.2 Cumulative Impacts Analysis 5.1 Traffic and Circulation and Parking 5.2 Noise 5.3 Air Quality 5.4 Land Use /Relevant Planning 5.5 Aesthetics Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 200.3 6 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES CHAPTER 6.0 - ALTERNATIVES TO THE PROPOSED PROJECT 6.1 Introduction 6.1.1 Purpose and Scope 6.1.2 Criteria of Alternatives 6.1.3 Identification of Alternatives 6.2 Analysis of Alternatives 6.2.1 No Project Alternative 6.2.2 Reduced Scale Alternative 6.2.3 Alternative Site 6.3 Summary of Alternatives 6.4 Identification of Environmentally Superior Alternative CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED CHAPTER 8.0 - GROWTH- INDUCING IMPACTS CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED CHAPTER 12.0 - BIBLIOGRAPHY TECHNICAL APPENDIX A. Notice of Preparation/Initial Study B. Traffic and Parking Analysis C. Acoustical Analysis D. Air Quality Analysis A summary of the information and analyses to be included in each of the sections identified in the preceding table of contents is presented below. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 7 (q rl 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES 1.0 Executive Summary A summary of the project location, description and objectives will be presented in this section as well as a summary of the potential impacts, mitigation measures, and unavoidable environmental consequences, presented in a matrix or table format. This section will also include a brief description of each alternative (including identification of the "environmentally superior" alternative), a list of potential areas of controversy, and issues to be resolved as required by the State CEQA Guidelines. 2.0 Introduction This introductory section will identify the purpose and scope of the Draft EIR, the contents of the document, the authority by which it has been required, the agencies having jurisdiction over the project, and the intended uses of the document (i.e., subsequent discretionary and/or permit approvals). 3.0 Project Description A complete description of the project, including its history and evolution, location, parameters, phasing (if available), and all actions necessary to implement the proposed project will be presented in this section. The description will include a narrative component and statistical tables as appropriate to adequately describe the nature, scope and intensity of the project. This section will also include a brief presentation of background information necessary to provide a context for the applications. 4.0 Environmental Analysis The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions on the subject property and in the environs and to identify the potential impacts or consequences that may result from implementation of the proposed project. This section will contain the environmental analysis for each issue that has been determined to be the subject of the Draft EIR. The extent of the analysis and documentation for each issue will be identified in the initial study undertaken in Task Two as well as in NOP comments and during the public scoping meeting (if a scoping meeting is conducted). In some cases, the discussion will be a summary of a technical study prepared by a member of the applicant's consultant team. In each case where a technical study will be the basis for the environmental analysis contained in the EIR, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project - related impacts, and identify /recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. As indicated in the recommended Table of Contents, the environmental analysis will evaluate potential impacts to traffic and parking, noise, air quality, land use /relevant planning, and aesthetics. The scope of work included in this proposal does not include the preparation of any technical studies. Therefore, it should be noted that the land use studies and other technical documentation prepared by/for the applicant and /or City of Newport Beach will be utilized to the extent they are applicable to the proposed project. In order to facilitate the analysis of each issue, a standard format will be employed to analyze each issue thoroughly. This format is presented below with a brief discussion of the information included within each topic. Existing Environmental Setting Proposal for Environmental Consulting Services St Andrews Presbyterian Church Expansion May 5, 2003 2° • PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES This introductory section describes the existing environmental conditions related to each issue analyzed in the Draft EIR. In accordance with the State CEQA Guidelines, both the local and regional settings are discussed as they exist prior to implementation of the proposed project. This documentation will serve as the baseline upon which the project - related impacts will be evaluated. Significance Criteria Specific criteria will be identified and presented in this section of the Draft EIR upon which the significance of the project - related potential impacts is determined. The significance criteria which are the basis of the environmental analysis contained in the Draft EIR will be derived from the significant effects presented in the State CEQA Guidelines, adopted local (i.e., City of Newport Beach, etc.), State and/or federal policies and programs that may apply; and other commonly accepted technical and non - technical standards determined to be appropriate by the lead agency (i.e., County of Orange, etc.). Project Design Features /Standard Conditions This section of the document will identify specific project design features (PDF) that will be incorporated into the proposed project that are intended to preempt project - related impacts (e.g., incorporation of mature landscaping, etc.) by the applicant as well as standard conditions (SC) that are typically imposed by regulatory agencies (e.g., adherence to the Uniform Building Code) on development in order to ensure safety and minimize adverse environmental effects. The discussion of potential environmental impacts in Chapter 4 will reflect the incorporation of any PDFs and SCs included this section. Environmental Impact Analysis The environmental analysis for each issue, which has been determined to be the subject of the Draft EIR, is contained in this section of the document. The extent of the analysis and documentation for each issue will be identified in the initial study (refer to Task Two). In some cases, the discussion will be a summary of a technical study prepared by the applicant's or EIR consultant's project team. In such case, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project - related impacts, and identify /recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. All project - related impacts, including those associated with all phases of the proposed project, will be clearly and adequately analyzed in accordance with the State CEQA Guidelines. It should be noted that any previous land use studies and/or other technical documentation prepared by/for the applicant and/or City of Newport Beach will be utilized to the extent it is applicable to the proposed project. In order to facilitate the impact analysis, the following outline will be utilized in preparing the project - related environmental analysis. Potential Effects of the Project Found to be Insignificant Short- Term /Construction Impacts Long- Term/Operational Impacts Potential Effects of the Project Found to be Significant Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 7-( 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Short- Term /Construction Impacts Long- Term /Operational Impacts Mitigation Measures Where a potential significant environmental effect has been identified based on the criteria identified in analysis and that impact cannot be avoided, mitigation measures will be identified and included in this section of the document which ".. , minimize significant adverse impacts ... for each significant environmental effect identified in the EIR", as prescribed in the State CEQA Guidelines. Level of Significance after Mitigation Unavoidable significant adverse impacts are those effects that either cannot be mitigated or they remain significant even after mitigation is incorporated into the proposed project. These significant effects will be identified in this section of the Draft EIR. Prior to approval of the proposed project, the Newport Beach City Council will be required to adopt a Statement of Overriding Considerations that identifies and describes the public benefit(s) associated with project implementation that offset the significant impacts. Additionally, the State CEQA Guidelines requires a discussion of "any inconsistencies between the proposed project and applicable general plans and regional plans." This discussion will occur within Section 4.4 (Land Use/Relevant Planning). 5.0 Cumulative Impacts This section of the Draft EIR will focus on other projects that are proposed or approved in the project environs that would create demands on servicing agencies and affect the ability of those agencies to continue to provide an adequate level of service. The City of Newport Beach will identify any projects that have been proposed or are approved in the vicinity of the proposed project within its jurisdiction. In addition, the environmental consultant will query adjacent municipalities in an effort to identify additional projects in the vicinity of the subject property. These other projects will be evaluated with the proposed project to determine project - related cumulative impacts. This section of the Draft EIR will also provide a discussion of these cumulative projects and their potential impacts on the several issues analyzed in Chapter 4.0 of the document. Proposal for Environmental Consulting Services St, Andrews Presbytedan Church Expansion May 5, 2003 10 ?,2 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERV ICES 6.0 Alternatives to the Proposed Project Chapter 6.0 will provide a qualitative impact analysis of the alternatives identified by the City of Newport Beach. Three potential alternatives will be identified by the City during the initial stages of the analysis; a maximum of four alternatives will be evaluated in the Draft EIR, including the "no projecC alternative as prescribed by the State CEQA Guidelines. 7.0 Significant Irretrievable Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented Those impacts, which cannot be avoided, even with the implementation of mitigation measures, will be identified and summarized from the discussions contained in Chapter 4.0. 8.0 Growth - Inducing Impacts The manner in which the project could foster economic and/or population growth, either directly or indirectly, in the surrounding area will be thoroughly discussed. The characteristics of the project, which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively, will also be discussed in this chapter. 9.0 Inventory of Mitigation Measures This chapter of the document will include a comprehensive listing of the mitigation measures that will be requirgd as a result of project implementation. This listing of mitigation measures will be used to create the mitigation monitoring and reporting program that will stipulate the timing and responsibility for each mitigation measure. 10.0 Inventory of Unavoidable Significant Adverse Impacts A comprehensive listing of the potential unavoidable adverse impacts (i.e., those that cannot be mitigated to a less than significant level) that are anticipated as a result of project implementation will be presented in this section of the Draft EIR. In addition, cumulative impacts that are significant and unavoidable will also be identified and listed. 11.0 Organizations and Persons Consulted A comprehensive listing of each individual and the organization with which the individual is associated will be included in this Chapter of the Draft EIR to document the source of the information utilized in the environmental analysis. 12.0 Bibliography Each document used as a reference or source of information will also be identified and presented in the Bibliography that will serve as a reference to those reviewing the Draft EIR. Pursuant to current CEQA requirements, the location(s) where each of the bibliographic references is maintained will be identified in this chapter to facilitate the review should the reference materials be needed. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 11 E 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Upon completion of the Screencheck EIR, the EIR consultant will print five (5) copies of the document and submit them to the City's Planning Department for review and comment. Estimated Time Frame: 8 Weeks (including 30 -day NOP comment period) Estimated Budget: $19,200.00 Task Five - Preparation of the Draft EIR All comments on the information and analysis contained in the Screencheck EIR made by City staff during their review will be forwarded to the EIR consultant for incorporation into the Draft EIR. It is anticipated that the City's review will be completed within a two -week period. The City will review the document to ensure that the information contained within it is adequate and complete before the Draft EIR is printed and distributed. A total of fifty (50) copies of the Draft EIR will be printed once it is approved by the Newport Beach Planning Department staff; once released by City staff, the environmental consultant will distribute the Draft EIR with the Notice of Completion (NOC) for a 45 -day public review and comment period. The document will be mailed via certified mail (return receipt) to the entities identified on the master distribution list that also received the NOR Estimated Time Frame: 6 Weeks Estimated Budget: $3,000.00 Task Six - Response to Public Comments At the end of the State - mandated 45 -day public review period, all comments received by the City from local, State and other responsible agencies and interested parties will be forwarded to the EIR consultant. Each comment will be addressed as it relates to the adequacy of the Draft EIR. An appendix to the Draft EIR will be prepared that includes a listing of each agency /individual commenting on the Draft EIR, the correspondence received from the commentator, and the responses prepared for each comment. A total of 30 copies of the responses to public comments appendix will be submitted to the City of Newport Beach Planning Department. Estimated Time Frame: 4 Weeks Estimated Budget: $4,500.00 Task Seven - Final EIR Once the Draft EIR is certified, the Final EIR will be prepared. That document will consist of the response to comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the Final EIR will include `redline /strikeout" revisions that reflect changes resulting from comments received during the public review and comment period. A total of ten (10) copies of the Final EIR will be printed and submitted to the Planning Department. Estimated Time Frame: 2 Weeks Estimated Budget: $1,500.00 Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 12 2� 0 E PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Task Eight - Mitigation Monitorina Program/Findings/Statement of Overriding Considerations The EIR consultant will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. This document will be presented to the City of Newport Beach and will identify each mitigation measure to be carried out if the project is implemented, the entity that will be responsible for implementing the mitigation measure(s), and when each measure will be implemented. In addition, the Findings of Fact and Statement of Overriding Consideration, if determined necessary (i.e., unavoidable significant adverse impacts), will also be prepared and submitted to the City for review and presentation to the City of Newport Beach Planning Commission and City Council for certification prior to approval of the proposed project. Estimated Time Frame: 4 Weeks Estimated Budget: $4,200.00 Task Nine - Public Hearings The EIR consultant will attend all public hearings, including those of the Newport Beach Planning Commission and the City Council. The estimated budget proposed for this task will accommodate up to four (4) hearings, including two (2) before the Planning Commission and two (2) before the City Council. The Project Manager will attend each and be responsible for making all presentations and responding to questions raised during the public hearings. Should additional hearings be required, they will be charged at the appropriate hourly rate. Estimated Time Frame: As Required Estimated Budget: $1,680.00 III. PROJECT SCHEDULE The scope of services through Task Four (i.e., submittal of the Screencheck EIR) presented in this proposal can be accomplished in approximately 16 weeks from issuance of the Notice to Proceed. This schedule is presented below. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 13 / '�7 • 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Project Schedule St. Andrews Presbyterian Church Expansion Draft EIR Newport Beach, CA Task Description Estimated Schedule 1 Project Management As Re uired 2 Initial Stud /Notice of Preparation 6 Weeks NOP Comment Period 4 Weeks 3 Technical Studies 8 Weeks 4 Preparation of Screencheck EIR 8 Weeks 5 Preparation of Draft EIR 4 Weeks Notice of Completion/Draft EIR Public Comment Period 6 Weeks 6 Response to Comments 4 Weeks 7 Preparation of Final EIR 2 Weeks 8 Preparation of Findings /Mitigation Monitoring Program /Statement of Overriding Considerations 4 Weeks 9 Public Hearings 1 As Re uired 'Includes City staff review. 2Prepared during 45-day Public Review Period. IV. ESTIMATED BUDGET The scope of services and work project described in Section II of this proposal will be undertaken and completed for an estimated fee of $92,030.00. This fee includes project management, preparation of the traffic and parking, noise, and air quality technical studies, the environmental impact analysis (including the Draft and Final EIRs), and attendance at public hearings; however, the budget estimate does not reflect the cost to conduct the traffic and parking analysis. Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 200.? 14 0 0 L PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Estimated Budget St. Andrews Presbyterian Church Expansion Draft EIR Newport Beach, CA Estimated Task - ' Description Budget 1 Project Management $ 6,300.00 2 Initial Stud /Notice of Preparation 6,600.00 3 Sub - Consultant Studies ($41,050.00) Traffic and Parking 31,750.00 Noise 4,900.00 Air Quality 4,400.00 4 Preparation of Screencheck EIR 19 200.00 5 Preparation of Draft EIR 3,000.00 6 Response to Public Comments 4,500.00 7 Preparation of Final EIR 1,500.00 8 Preparation of Findings/Mitigation Monitoring 4,200.00 Program/Statement of Overriding Considerations 9 Public Hearings 1,680.00 Sub -Total - Professional Fees $ 88,030.00 Nntinq and Reproduction/Supplies/Postage $ 4,000.00 Total Estimated Budget $ 92,030.00 Includes attendance at one (1) Scoping Meeting. ZEstimate only. Subject to review and negotiation based on nature and extent of public comments received during the public review period. 3Includes printing and reproduction associated with 5 copies of the Screencheck EIR, 50 copies of the Draft EIR, and 10 copies of the Final EIR. V. RESPONSIBILITY OF PROJECT APPLICANT /CITY OF NEWPORT BEACH The following information shall be provided to the consultant in order to complete the analysis described in this proposal. 1. All previous environmental documents prepared for the subject property and vicinity of the property. 2. All pertinent technical analyses prepared for the applicant and/or City, including, but not limited to: (1) soils and geology; (2) hydrology and engineering; (4) infrastructure assessment; (5) cultural, historic, and scientific resources assessments; (6) visual simulations and analysis; and (7) Phase I and (if necessary) Phase II Assessments. 3. A large -scale topographic map (i.e., 1" = 100') of the subject property (in reproducible form). Proposal for Environmental Consulting Services St Andrews Presbyterian Church Expansion May 5, 2003 15 21 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES 4. Aerial photograph, if available. 5. A complete project description, including a statistical summary of the proposed project and plans reflecting the proposed development plan and related discretionary actions (e.g., General Plan Amendment, etc.) necessary to implement the proposed project. 6. Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan, etc. 7. Phasing /Development Plan that provides statistical summary of the anticipated sequence of development. 8. Large -scale plans reflecting grading and site design. 9. Cross - sections illustrating "existing" and "post - development" conditions. 10. Adopted City of Newport Beach General Plan (all elements, including Local Coastal Program) and Zoning Ordinance. 11. Impact significance criteria adopted by the City of Newport Beach (if any). 12. List of cumulative projects (i.e., proposed, approved and pending). 13. Notice of Preparation distribution list. VI. STATEMENT OF OFFER/TERMS OF AGREEMENT The EIR consultant and technical consultants identified in this proposal are prepared to begin work on the St. Andrews Presbyterian Church Expansion Draft EIR immediately upon execution of the contract. You may be assured that should we be selected to provide the environmental services described in this proposal, we shall devote our full resources to the project and will approach it with the highest degree of enthusiasm, objectivity, and professionalism possible. We shall perform all work described in this proposal for an estimated budget of $92,030.00. This offer is valid for a period of sixty (60) days. It should be emphasized that these costs are based upon the assumptions made on the scope of the project; should the scope change significantly, necessitating a change to the work program, we will contact you immediately and amend both the scope of services and estimated budget accordingly. Proposal for Environmental Consulting Services St Andrews Presbyterian Church Expansion May 5, 2003 fL� _Vg 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES Keeton K. Kreitzer, Principal, is the individual authorized to bind the offer made above. Offer Presented By: Keeton K. Kreitzer, Principal KEETON KREITZER CONSULTING Date: May 5, 2003 Proposal for Environmental Consulting Services St. Andrews Presbyterian Church Expansion May 5, 2003 frl Z`1 May 5, 2003 Mr. Keeton Kreitzer Keeton Kreitzer & Associates 17782 E. 17'" Street #106 Tustin, CA 92612 Subject: Proposal to Prepare a Traffic and Parking Study for the Proposed St. Andrews Church Expansion in the City of Newport Beach Dear Mr. Kreitzer. Kimley -Horn and Associates, Inc. is pleased to submit this letter proposal to prepare a traffic and parking study for the proposed St. Andrews Church expansion in the City of Newport Beach. The following Scope of Services, Schedule, and Fee are based on my preliminary discussions with Rich Edmonston and David Keely of the City of Newport Beach; Traffic Engineering Department, and my understanding of the project issues. This letter constitutes a proposal setting forth our proposed Scope of Services (pending concurrence from the City of Newport Beach), Schedule, and Fee. SCOPE OF SERVICES Parking and Site Circulation The Parking and Circulation Study will evaluate the adequacy of the proposed off - street parking supply, project access, and on -site circulation for the proposed St. Andrews Church expansion project. In particular, the parking study will address the City's parking code requirement for church and school facilities and evaluate whether or not the proposed project meets City parking requirements, considering all proposed site uses. The following tasks are envisioned: • Obtain a to -scale copy of the existing and the proposed project site plan, including building and hardscape footprints, square footages and uses, parking areas and drive aisles and project driveways. • Prepare a table showing the parking requirements of the church facilities for both the existing and the proposed project, based on the City of Newport Beach parking code. This table will take into account the proposed use and operating schedule of all church facilities, based on the Project Description provided by the Church. • Conduct parking data collection and observations at the church on atypical weekday and on a Sunday morning Attachment No. 2 420 0 0 Mr. Keeton Kreitzer, Page 2, May 5, 2003 • Conduct parking data collection and observations of on- street parking intrusion on surrounding neighborhood streets. • Provide an analysis of existing and future on -site and on- street parking demand for the proposed Church project. • Evaluate the proposed on -site parking, stacking, access, and circulation for the proposed facilities, including the parking structure, and if necessary, provide recommendations for design alternatives or other mitigation measures. If conceptual plans or design efforts are required of Kimley -Horn to support these recommendations, these efforts will be extra services. • Prepare a report section for the Traffic Study summarizing the adequacy of the parking supply and on -site circulation for the proposed project, considering all proposed uses on site. Traffic Impact Study The Traffic Impact Study will address the off -site project impacts at area intersections, in accordance with the City's Traffic Phasing Ordinance (TPO) requirements, as well as CEQA cumulative projects requirements. The following tasks are envisioned: • Obtain current weekday morning and evening peak hour traffic counts at the following intersections. It is assumed that current peak hour data at the six TPO Primary Intersections will be available through the City's TPO program. New data will be collected at the remaining two intersections. Since the proposed project does not include an increase in sanctuary seating, Sunday counts are not proposed. - 17`" Street / Westcliff Drive and Irvine Avenue (TPO) - Westcliff Drive and Dover Drive (TPO) - Coast Highway and Dover Drive / Bayshore Drive (TPO) - Irvine Avenue and Dover Drive / 19th Street (TPO) - Coast Highway and Tustin Avenue (TPO) - Coast Highway and Riverside Avenue (TPO) - Irvine Avenue and 15" Street - Dover Drive and Cliff Drive • Develop project trip generation estimates for the proposed project, using the Institute of Transportation Engineers (ITE) Trip Generation Manual (6th Edition). • Develop trip distribution and assignment assumptions for the project traffic, based on familiarity with the project study area, likely origins and destinations of project patrons and employees (based on membership zip code information from the Church), and current traffic patterns in the area. Project traffic will be distributed through the study intersections, and the project traffic contribution to each intersection will be identified. 9 Mr. Keeton Kreitzer, Page 3, May 5, 2003 • Project trip generation and trip distribution assumptions and analysis methodology will be presented to City staff for review and concurrence prior to proceeding with the analysis phase of the study. Obtain approved project and cumulative project information in the vicinity of the project from the City. Summarize operating conditions at the study intersections for the following scenarios: - Existing Conditions - Existing Plus Approved Projects Conditions - Existing Plus Approved Projects Plus Project Conditions - Existing Plus Approved Projects Plus Cumulative Projects Conditions - Existing Plus Approved Projects Plus Cumulative Projects Plus Project Conditions • Identify project impact, and any mitigation measures, if necessary. • Prepare a stand -alone traffic impact study, suitable for incorporation into the environmental document. The traffic study will summarize analysis methodology, findings, and recommendations. • Assist in preparation of responses to traffic and parking - related questions (up to 8 hours). • Attend up to two project team meetings and four public hearings. If attendance at community meetings is required, or if preparation of display boards, wall plans, overheads, or other presentation materials is required for any of these meetings, these will be extra services. Special Issues The Traffic Impact Study will also include discussion of the following special issues: Construction Traffic: Obtain information from the applicant's representative about anticipated construction truck traffic, including dirt hauling trucks, large construction equipment, supply and construction materials delivery trucks, etc. Work with the project team and the City to define staging areas, construction parking, haul routes, and hours of operation, to reduce construction traffic impacts on the neighborhood. Neighborhood Traffic Impact: Obtain information from the City regarding neighborhood traffic issues associated with the existing project site. Such impacts may include on -street parking on neighborhood streets, or project traffic cutting through the neighborhood to get to and from the project site. Work with the applicant and City staff to identify measures that can be incorporated into the project to avoid additional project impacts and potentially reduce existing impacts. This effort may coincide with, but will not be dependent on preparation of a neighborhood traffic study, to be commissioned by the City 32 • • Mr. Keeton Kreitzer, Page 4, May 5, 2003 This Scope assumes preparation of the traffic study as outlined above. Additional study requirements, if identified by the City, will result in modification of the Scope, and may affect the project schedule and fee. Attendance at additional project team meetings, public meetings and public hearings will be extra services, and will be billed on a time -and- materials basis in accordance with the standard hourly billing rate schedule in effect at the time the meetings are requested. SCHEDULE We are prepared to begin work immediately upon receipt of authorization to proceed, and will submit a draft report within four to six weeks of receipt of all traffic and Approved / Cumulative project data and any other necessary information. FEE AND BILLING We propose to perform the Scope of Services outlined above for a Lump Sum fee of $6,250 for the parking and circulation study, and $ 25,500 for the traffic study, based on the task breakdown provided below. Parking and Circulation Study Parking and circulation data collection (outside expense) $ 750 Data compilation and analysis 2,750 Site Evaluation and Report Preparation 2,500 Expenses 250 TOTAL $ 6,250 Traffic Study Traffic Data Collection (Outside Expense) $ 700 Trip generation / distribution assumptions and concurrence 750 Approved / Cumulative Projects Compilation and Analysis 3,250 TPO Analysis and Mitigation 2,500 Construction Traffic 2,500 Neighborhood Traffic Evaluation 3,800 Report Preparation 6,500 Response to Comments (8 hours) 1,200 Attendance at Project Meetings (2) and Public Hearings (4) 3,300 Expenses 1.000 TOTAL $25,500 This breakdown by task is provided for information only, and is not intended to represent a firm budget for each task. Budget may be reallocated among tasks, as necessary, according to the requirements of the project. 33 i • Mr. Keeton Kreitzer, Page 5, May 5, 2003 This estimate assumes preparation of the traffic study and parking and site circulation evaluation. Services not outlined above will not be performed without your authorization, and will constitute extra effort, to be performed for an additional fee, to be agreed upon prior to performing the work, or in accordance with our hourly rate schedule in effect at that time. The project Scope, Cost and Schedule outlined in this proposal are based on the following assumptions: 1. To -scale site plans for existing and future project conditions, available on -site and off -site improvement plans, record drawings, and existing aerial photographs or topographic maps will be provided to Kimley -Horn. 2. Traffic analysis will be conducted at eight intersections. Existing peak hour turning movement counts will be available from the City at the six TPO Primary Intersections. New data will be collected at the remaining two intersections. 3. Any changes or revisions to the site plan or adjacent roadway improvements once the analysis has begun will constitute additional services, and will require an adjustment to the project schedule and budget. 4. If issues not specifically listed here arise as a result of comments or concerns by citizens or City staff, they will be evaluated as a separate work authorization, for a fee to be mutually agreed upon prior to initiating work. The estimated amount includes direct expenses for the project such as in -house duplicating, facsimile, local mileage, telephone, postage, in -house blueprinting, and word - processing computer time. Other direct expenses, if required, will be billed at cost plus 15 percent for administrative fees. CLOSURE In addition to matters set forth herein, any agreement resulting from this proposal shall include and shall be subject to the Standard Provisions attached hereto and hereby incorporated herein. The tern "the Client" as used in the attached Standard Provisions shall refer to Keeton Kreitzer & Associates. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to me. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. Serine Ciandella, AICP Associate 105� 0 KEETON KREITZER & ASSOCIATES r� Mr. Keeton Kreitzer, Page 6, May 5, 2003 Agreed to this day of , 20 0 Title: Date: \\ ANGEL\ VOL /\ PROJ ECTAZSAG\MyDocs \Files\SACProVitterPro\St Andrews.doc 27J • • "RrCEIYED�FTERA %N PA, St. Andrew's Presbyterian Church PRINTED: "OFF VV Fact Sheet History in Newport Beach ■ St. Andrew's Presbyterian Church was established in 53 years ago in Newport Beach with its first church service on Christmas Sunday, December 21", 1947. The service was held at the Baltz Mortuary "Chapel -By- The -Sea" in Corona del Mar. ■ In June 1948, the congregation moved to the library at Newport Harbor High School and began plans for a new church building. St. Andrew's purchased two acres of land at the corner of St. Andrew's Road and 15`h Street. The church broke ground on March 19, 1950. St. Andrew's has been located on this site ever since. Tradition of Community Service ■ Members of the early congregation, realizing a founding mission to serve others here and throughout the world, joined with other visionaries to serve the growing community of Newport Beach by helping to start Hoag Memorial Hospital Presbyterian. ■ St. Andrew's has a long tradition of serving the community through hundreds of youth ministries and service projects. It has served as a safe after - school facility for local youth from Newport Harbor High School (which also uses the St. Andrew's campus for evening sports programs), Ensign Junior High School and other schools. St. Andrew's is also a meeting place for community organizations such as the Girl Scouts and Boy Scouts. ■ St. Andrew's serves the diverse needs of its members with programs designed to help and support single adults, young couples, seniors, single parent families and those coping with divorce. Renovation Plan Overview ■ St. Andrew's is in the process of creating a plan to renovate the existing church campus and augment its youth facilities to better serve the needs of its congregation and respond to current community concerns. • The community- sensitive plan is designed to improve facilities for worship, religious education and youth recreational activities. ■ A new Youth and Family Center will feature a sound attenuated gymnasium, classrooms and activity center and replace an existing education building. ■ A new spacious, well -lit underground parking facility will offer 150 additional spaces, bring the total to 400 spaces, or 60 percent more parking than the parking lot has today. • Other elements of the plan include refurbishing (not expanding) the existing Sanctuary where worship services are held, improving church administrative offices and rebuilding the existing fellowship hall (Dierenfield Hall). For more information about St. Andrew's renovation plan, the City of Newport Beach's plans to prepare a focused Environmental Impact Report (EIR) to study traffic, parking or other project impacts, or if you have other questions, please contact Jill Kanzler, St. Andrew's Community Liaison at 949 -574 -2278 or write jzll@standrewspres.org 0 www.bettencourtplans.com Real FAUte Developm^nt Planning Bettencourt & Associates Philip Bettencourt 110 Newport Center Drive Phone: (949) 720.0970 Suite 150 Fax: (949) 721-921 Newport Beach, California 92660.6907 a -mail: PBCourt @ParbeB.Mt W�-Awa News noxml mono ommosaft, ass ■NEOL " Oy 00 PF41mg 'Afflmv , -.0 0*q� –11manummoffift- 422aft—T.Offem wl Air wrl:R 11". ISO If , PRAIRR 'JA JA 0 A 41, 00 me .ROM Mlo' -WJ 4 Y4 4F A 4' Wl 41F � �jt, Fo 04 W 4fF MR ea .01 CEQA Process Flow Chart .. • CEOA Credit I Disclaimer ►I • The California Environmental Quality Act Public Agency determines whmhar the activity, is a'Weisel" consultation Project Public Agency determines N the project Is exempt Na Exempt Public agency evaWmee to delmmina N there Is a pthat the project may haalgorism L eNea on envl aice PoUrblo significant oft CEQA Process Flow Chart . Na a project 'ropy Is mnistwial oa,tasi, 4o posaible significant effect 3uiurory exemption :Moyofkal exemption 1W Determination of bad aganay vdwro Nako d ExomMbn No Idrttner adbn mwo than we public agency b may lea ad required under CEQA involved RESPONSIBLE AGENCY LEAD AGENCY Load agortcy 1reParoo Inlllal star o consultation Lead agency Ilbs Notice of n Lead agency decision to prepare EIR m Negative Declaration tReWund EIR Negative Declaration Lead agency smuts Notice a aice Preparation to responsible agency se to ConeaNatbn I EIR a Negative Declaration Commerrte on adequacy Lead agency prepares draft FIR State Agencies Local Agoncbs State Agencies Local Agencies Flb Notice a Ede Nako a File Naice a Flb Na1iro a Detwminwion Dwwmlrotlan Defermiatlon Dwermnmbn with Olfke of wish Cou wah tHfkea wtth PonNng 8 Clerk Planning d CIerC krny RoaearcA Reeeerch Page 1 of http: / /ceres.ca.gov/ topic / env _law /cetla/flowchart/index.html 6/4/200 Lead agency Ilbs Notice of Lead Agency Owe public Completion end ghee public notice Irotica a availability a evallabltity a draft EIR a Negative Declaration Commerrte on adequacy a draft EIR or Consultation P "Ic Rovbw Period Public Review Period Negative Declaration Lead agency prelimes foal EIR Including responses to Deciskn imddng body comments on droll EIR considers final EIR or Negad% Decoration prepared by lead agency Coneldwmlon aM approval of Consideration gativ and approval a Negative Decoration final EIR by daciebmnaking body by decision-making body Findings on feasibility a reducing or avoiding Endings on feasibility a significant environmeaaI reducing a avoiding significant effects envkonmemal effects Decision on project Decision on permN State Agencies Local Agoncbs State Agencies Local Agencies Flb Notice a Ede Nako a File Naice a Flb Na1iro a Detwminwion Dwwmlrotlan Defermiatlon Dwermnmbn with Olfke of wish Cou wah tHfkea wtth PonNng 8 Clerk Planning d CIerC krny RoaearcA Reeeerch Page 1 of http: / /ceres.ca.gov/ topic / env _law /cetla/flowchart/index.html 6/4/200