HomeMy WebLinkAboutC-4206 - PSA for Environmental Services for Conexant Mixed Use Developmentr"
T AMENDMENT NO. 1 TO
., PROFESSIONAL SERVICES AGREEMENT WITH
POST BUCKLEY SCHUH & JERNIGAN (PBS&J) FOR
ENVIRONMENTAL SERVICES FOR CONEXANT MIXED USE DEVELOPMENT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this � day of May, 2010, by and between the CITY OF NEWPORT
BEACH, a Municipal Corporation ("CITY"), and POST BUCKLEY SCHUH &
JERNIGAN (PBS&J), a Florida Corporation, whose address is 12301 Wilshire
Boulevard, Suite 430, Los Angeles, California 90025 ("CONSULTANT"), and is made
with reference to the following:
RECITALS:
A. On May 26, 2009, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as "Agreement," for environmental services for
Conexant mixed use development, hereinafter referred to as "Project."
B. City desires to enter into this Amendment No. 1 to reflect changes in services
from the Agreement, to extend the term of the Agreement to April 30, 2011, and
to decrease the total compensation.
C. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 1," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the Agreement shall be extended to April 30, 2011.
2. CHANGES IN SERVICES TO BE PERFORMED
The Scope of Services attached to the Agreement is replaced by the Scope of
Services attached to this Amendment No. 1 as Exhibit A and incorporated herein
by reference. Consultant shall diligently perform all the services described in
Exhibit A. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section, the budget attached to
this Amendment No. 1 as Exhibit B and the Schedule of Billing Rates attached to
the Agreement. Consultant's total amended compensation for all work performed
in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed Three Hundred Twelve Thousand, Four
Hundred Forty and no/100 Dollars ($312,440) without prior written
authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
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Leonie Mulvihill, 'UT
Acting City Attorney
ATTEST:
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By. ��V
Leilani I. Brown,
City Clerk
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CITY OF NEWPORT BEACH,
A Municipal Corporation
By: 6— LL
blavio6 A. Kiff
City Manager
CONSULTANT: POST BUCKLEY
SCH H & (PBS&J)
B
( orporate Officer)
Title SSD Gc ak 1/t cc Pres I U B+
Print Name•
By: E&
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Title: Son
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Proposed Budget
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o FF i c e r
Exhibit A
REVISED Scope of Work (04-26-10)
Conexant Mixed -Use Development EIR
Project Approach
The approach of the PBS&J Project Team is based on meeting the following objectives:
■ Accurately reviewing and integrating the technical analyses prepared by the Applicant into the
environmental document
■ Serving as a key element of the City's team to anticipate controversial issues, provide unbiased
recommendations, devise solutions to potential impacts, and provide expert planning, policy, and
environmental compliance consultation
■ Committing senior management to the project to provide close coordination with, and accessibility
to, the City and the Applicant's team to ensure technical accuracy, document objectivity, and legal
defensibility
■ Complying with the California Environmental Quality Act (CEQA), the current CEQA
Guidelines, as well as current case law
■ Complying with all unique City processing requirements
s Responding to all significant issues of concern raised by the various governmental agencies, private
entities, individuals, and community groups
■ Submitting all required deliverables within the mutually agreed upon time frames
It is assumed that the EIR prepared for the proposed project will include project -level analysis. This
approach will ensure that all CEQA project -level analysis of the Conexant Project is included. It will also
ensure that project -specific analysis is included given the level of specificity that is anticipated to be
available when preparation of the environmental document commences. It is further assumed that data
and/or analysis contained in other relevant environmental and planning documents will be utilized to the
greatest extent possible to ensure consistency with other approved analysis methodologies and impact
conclusions and to eliminate the duplication of data collection, which will result in a cost and/or time
savings to the City and the Applicant.
PBS&J will take full responsibility for project initiation and organization, data compilation, impact
assessment, development of mitigation measures, report compilation, monitoring and review for CEQA
adequacy, attendance at public meetings and hearings, response to public comments, coordination of the
internal Project Team, and preparation of a Mitigation Monitoring and Reporting Program.
Report format and content will be in full compliance with CEQA (as amended through the date of
submittal of the draft EIR), the CEQA Guidelines (also as amended through the date of submittal of the
draft EIR), and the City's environmental guidelines and procedural requirements. General EIR
organization will include a discussion of existing conditions, potential direct and indirect/secondary
environmental impacts, and the recommendation of mitigation measures for each affected issue area.
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Text will be supplemented with graphics and summary tables, as necessary, to present information in a
concise and easily understood format. Work products will consist of professionally photocopied reports
in comb bindings, which are printed on recycled paper. The majority of graphics, charts, and maps will
be presented in black ink, although some color graphics may be included to help convey necessary
information. All final work products will be submitted in hard -copy format and on CD and will be
prepared using Microsoft Word (WORD) and other formats (i.e., PDF, etc.) that are compatible with the
team's software applications. This scope of work assumes that only final versions of documents will be
printed, and draft versions leading up to the final printed versions will be transmitted to the City and
Applicant team as electronic files via email and/or the PBS&J FTP site.
Below is a discussion of each task required for preparation of the EIR and attendance at the necessary
team and community meetings. Additionally, in some sections, optional tasks have been identified that
PBS&J has the qualifications to complete or coordinate on behalf of the City and/or the Applicant.
TASK 1 Participate in Project Startup Activities
Subtask 1 A Attend Project Kick -Off Meeting
PBS&J will attend one project "kick-off' meeting with representatives from the City of Newport Beach
as well as representatives of the Applicant's team. The purpose of this meeting is to discuss
schedule/scope/budget and important assumptions for achieving the schedule; establish a
communication protocol between the City, Applicant and consultants; compile relevant background data
and reports; clearly define the proposed project for the purposes of the environmental analysis; begin to
compile a list of cumulative projects; and, identify all anticipated discretionary actions. Based on the
discussions and issues raised during the kick-off meeting, the PBS&J project management team will
refine the scope of work, schedule, and budget, if necessary.
List of Products
❑ Submit one (1) written request for additional information, if necessary
TASK 2 Prepare Initial Study/Notice of Preparation and Notice
of Completion and Attend Scoping Meeting
Subtask 2A Prepare Initial Study/Notice of Preparation and Notice
of Completion
PBS&J will prepare an Initial Study/Notice of Preparation (IS/NOP) and Notice of Completion (NOC)
for the proposed project that is consistent with the procedural and substantive provisions of Sections
15063 and 15082 and Appendices C, G, and I of the California Environmental Quality Act (CEQA)
Guidelines. (In recent past, an IS/NOP must now also be accompanied with an NOC, much like
distribution of a Draft EIR.) PBS&J will be responsible for printing the Final IS/NOP and NOC and
delivering copies to the City for distribution. It is assumed that the City will be responsible for
distributing the IS/NOP to responsible agencies, reviewing agencies and other interested parties (if any),
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as well as processing the Final IS/NOP and NOC with the State Clearinghouse. The City or Applicant
would be responsible for any applicable filing fees, as well as noticing in applicable newspapers and/or
publications.
Subtask 213 Attend Scoping Meeting
In addition, PBS&J will attend a Scoping Meeting for the proposed project. It is assumed that the City of
Newport Beach would coordinate and facilitate the Scoping Meeting and that presentation materials
describing or illustrating the project will be provided by either the City or the Applicant. PBS&J would
take detailed notes regarding the issues raised by commenting individuals that should be addressed in the
Draft EIR. If additional participation by PBS&J is required, such as presenting the purpose of the
Scoping Meeting, providing an overview of the CEQA process, and answering questions raised by the
public regarding the CEQA process and/or general questions regarding technical analytic methods, those
services could be provided by PBS&J as well.
PBS&J will prepare a memorandum (or matrix) summarizing the key environmental issues of public
concern that were raised at the Scoping Meeting.
List of Products
❑ One (1) electronic copy of the Draft IS/NOP and Draft NOC
❑ Fifty (50) printed copies of the Final IS/NOP for City distribution (including 15 copies for the State
Clearinghouse)
❑ Two (2) printed copies of the Final NOC for City filing
❑ One (1) electronic copy of the Final IS/NOP and NOC on CD-ROM (in WORD and PDF formats)
❑ Attendance at one (1) ETR Scoping Meeting by PBS&J's Project Director and/or Project Manager
❑ One (1) electronic copy of a memorandum or matrix outlining the issues raised during the EIR
Scoping Meeting
TASK 3 Peer Review of Applicant -Prepared Technical Reports
Subtask 3A Peer Review of Applicant -Prepared Technical Reports
PBS&J staff scientists and/or specialists will review the technical studies prepared by the Applicant's
team to ensure adequacy for purposes of preparing the EIR. It is assumed that PBS&J would review two
versions of the technical studies, which will include at a minimum a geotechnical investigation report, a
Phase I/Phase II Environmental Site Assessment (ESA), and hydrology/drainage/water quality reports.
PNS&J will also coordinate with the Applicant's subconsultants to ensure that all requested revisions are
fully understood.
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TASK 4 Prepare Administrative Draft EIR I and II and Screencheck
Draft EIR
Subtask 4A Prepare Administrative Draft EIR I and II and
Screencheck Draft EIR
The objective of this task is to prepare a comprehensive, accurate, and objective project -level EIR for the
proposed project that fully complies with CEQA and the CEQA Guidelines (as amended through
submittal of the Draft EIR) and all applicable guidance and procedures established by the City of
Newport Beach for the purpose of environmental review.
The main purpose of the Draft EIR will be to thoroughly and accurately analyze potential environmental
impacts of proposed Conexant Project. The document will be as free as possible of jargon so that the
information it contains is accessible to the City and the public. The methodology and criteria used for
determining the impacts of the project will be clearly and explicidy described in each section of the EIR,
including any assumptions, models, or modeling techniques used in the analysis.
The Draft EIR will include the following sections:
■ Contents
■ Introduction
■ Executive summary, including a comprehensive summary table of impacts and mitigation
measures, areas of controversy, issues to be resolved, and a summary discussion of the proposed
project and its alternatives
■ Project Description, including project objectives, purpose and need, project location, project
characteristics, scope of project, project alternatives, and required approvals
■ Introduction to the Analysis, including project -specific information related to the Conexant Project
■ Environmental Analysis, project -level discussion/analysis of the Conexant Project
> Environmental Setting
> Regulatory Framework (applicable federal, State, local, plans, policies, and standards)
> Thresholds of Significance
> Project Environmental Impacts (short-term, long-term, direct, and indirect)
> Mitigation Measures (for potentially significant environmental issues)
> Level of Significance After Mitigation
> Cumulative Environmental Impacts (short-term, long-term, direct, and indirect)
■ Alternatives
■ Long -Term Implications (including growth -inducing impacts, a summary of project -related and
cumulative significant unavoidable impacts, and significant irreversible environmental changes or
commitments of resources)
■ List of EIR Preparers
■ References
■ Technical Appendices
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The scope of work for each of the environmental issue areas is further described below. The scope of
work highlights unique and/or important components of the environmental analysis. Also, the superset
of thresholds reflected by Appendix G of the CEQA Guidelines will be evaluated in the EIR, whether or
not each of those thresholds are specifically addressed in this scope of work. In order to ensure a
common understanding of the scope and content of the EIR, PBS&J will prepare a comprehensive list of
each of the thresholds that would be evaluated in the EIR, as well as every impact statement that would
be addressed to respond to each of the thresholds for review and approval by the project team prior to
beginning work on the EIR (some thresholds may contain more than one impact statement). Also, if a
CEQA threshold (or issue) can be adequately addressed in the IS/NOP, rather than a more detailed
analysis in the EIR, it is specifically identified in the following scope of work.
It is assumed that each of the technical reports provided by the Applicant will provide all of the
information necessary for a complete and adequate CEQA impact analysis, with the exception of certain
technical studies PBS&J proposes to prepare below (i.e., TIA). To provide a coordinated effort, PBS&J
has included a task previously described in this scope of work (Task 3: Peer Review of Applicant -
Prepared Technical Reports) to ensure that the technical reports provide the information necessary for
an adequate CEQA analysis.
Due to the sensitive nature of the proposed project, we anticipate two rounds of review of the
Administrative Draft EIR (I and II) and one round of review of the Screencheck Draft EIR prior to
publication of the Draft EIR for public review. This has been reflected in the scope of work, schedule
and budget included as part of this proposal. This budget assumes that no substantial, additional
technical analysis needs to be completed between Administrative Draft I and Administrative Draft II or
Administrative Draft II and the Screencheck EIR.
References to the "proposed project" below include the Conexant Project. Environmental analysis will
be conducted at a project level for the specific residential and retail project proposed by Conexant.
Aesthetics/Visual Quality
Aesthetics (defined as any element, or group of elements, that embodies a sense of beauty), views,
daytime glare, and nighttime illumination are related elements in the visual environment. Visual impacts
of a project include the provision of objective visual resources (such as project design elements) and the
subjective viewer response to those changes in the visual environment.
The proposed project would convert the existing industrial uses into a residential and retail development,
which would represent a change in the existing visual character of the project site. The EIR will provide a
description of views to and from the site, supplemented by photographs. Based on information received
at the February 25, 2009 meeting with the City and Applicant team, it is assumed that the project's
architect would provide full architectural drawings, visual simulations of the project site showing both
before -project and after -project conditions, and shade/shadow diagrams (including two solstices and two
equinoxes at 9am, noon, 3pm, and 6pm). PBS&J will analyze whether the proposed project would
substantially degrade the existing visual character or quality of the site and its surroundings due to
grading, height, bulk, massing, or architectural style or building materials; location in a visually prominent
area; degradation of the visual unity of the area; or degradation of views from roadways or adjacent uses.
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Scenic vistas will be described and the project's impacts to scenic vistas will be analyzed. Existing sources'
of light and glare will also be described. The EIR will analyze whether the proposed project would create
a new source of substantial light or glare that would adversely affect day or nighttime views in the area.
Substantial glare can be caused by reflective building materials, and substantial light can be caused by
lighting to illuminate signage or architectural features.
According to the California Department of Transportation (Caltrans), no State -designated scenic
highways are located within close proximity of the project site. The nearest highway which is eligible for
a State scenic highway designation is State Route 1 located approximately 4.25 miles south of the project
site.
Based on information provided by the Applicant, the aesthetics section will also include a shade/shadow
analysis. This analysis will identify nearby or proposed shadow -sensitive uses, which are defined as land
uses where sunlight is important to function, physical comfort, or commerce, and will analyze potential
environmental impacts.
Agricultural Resources
The project site has not been utilized for agriculture purposes for decades, and is not currently
designated as prime farmland, farmland of statewide importance, unique farmland, or local importance,
and is not subject to a Williamson Act contract. It is expected that agricultural resources would be
"scoped out" in the IS/NOP for the proposed project.
Air Quality
The City of Newport Beach is located in the South Coast Air Basin and is within the jurisdiction of the
South Coast Air Quality Management District (SCAQMD). The air pollutants of greatest concern in the
South Coast Air Basin are ozone, NOx, CO, and PM,,.
The EIR will provide an introductory discussion of the air pollutants of concern in the region,
summarize local and regional air quality, describe pertinent characteristics of the air basin, and provide an
overview of the physical conditions affecting pollutant buildup and dispersion in the City and/or basin.
The setting will also discuss the sources, types, and health effects of air pollutants.
Local carbon monoxide (CO) concentrations will be modeled at intersections to be selected in
coordination with the City of Newport Beach and the transportation consultant. Local CO impacts
associated with project traffic will be predicted using the CALINE-4 program and compliant with the
recommendations of the CALTRANS Carbon Monoxide Protocol (Revised December 1997). The
CALINE-4 computer dispersion model will be applied to the intersections most affected by project
traffic, and nearby proximity to sensitive receptors.
An analysis of localized concentrations of relevant criteria air pollutants (LSTs) during construction
activities would be conducted in compliance with the recommendations of the SCAQMD Final
Localized Significance Thresholds Methodology (2003).
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Potential conflicts with or potential to obstruct implementation of the applicable air quality plan where it
may cause or contribute to emission of identified air pollutants in excess of levels stated in the plan or
where it may fail to implement a remedial or mitigation measure required under the plan will be analyzed.
Contribution of the proposed project to pollutant levels will be analyzed based on SCAQMD CEQA Air
Quality Handbook emission thresholds of significance to determine whether the project would violate a
State or federal air quality standard or contribute substantially to an existing or projected air quality
violation. The EIR will qualitatively evaluate the potential exposure of sensitive receptors to substantial
pollutant concentrations where the project may cause emissions of identified pollutants in excess of the
pounds per day or tons per quarter standards established by the SCAQMD.
The cumulative net increase of criteria pollutants for which the project region is in non -attainment will
be analyzed to determine if the project emissions, considered cumulatively, will increase the level of any
criteria pollutant above the existing ambient level. Our approach to analyzing the potential impacts on
Global Climate Change is discussed below.
Biological Resources
The project site has been fully disturbed as the result of previous industrial development activities and
consists primarily of hardscape areas. Currently, vegetation on the site consists primarily of ornamental
landscaping. Proposed development would enhance existing conditions and create new smaller open
spaces. Although it is thought that no native vegetation or sensitive species or habitats are located on-
site, a brief survey will be completed as part of the necessary analysis. PBS&J will review the California
Natural Diversity Data Base (CNDDB) information regarding sensitive species and habitats known to
occur in the region. Additional information sources consulted may include the California Department of
Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS) "white papers,"
scientific journal articles and current aerial photographs, as appropriate
Trees located on-site could be directly or indirectly affected by construction activities, however, it is
unlikely that they would provide suitable habitat for nesting migratory birds given the nature of the
existing development. To ensure that no impacts to migratory birds would occur, the environmental
document (in the IS/NOP and as reflected in the Mitigation Monitoring and Reporting Program) will
include a mitigation measure that requires a pre -construction survey to ensure that no nesting migratory
birds are present in the street trees to be removed. Due to the developed nature of the project site,
biological resources could be "scoped out" in the IS/NOP for the proposed project, however, due to the
sensitive nature of the project, PBS&J has proposed to include Biological Resources in the EIR,
Cultural Resources
According to the City of Newport Beach General Plan Historical Resources Element, the site is currently
developed with industrial uses that are not locally recognized as historical resources. Further, the parcel is
not listed on any state or federal registers of historical places, resources, landmarks, or points of interest.
Nonetheless, because there is the potential to discover buried cultural resources (paleontological,
archaeological, or human remains) at this site, which is the same for nearly any site in southern
California, particularly if subsurface project elements are proposed (i.e., subterranean parking garage),
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PBS&J will conduct a records check through, at a minimum, the South Central Coastal Information
Center at California State University, Fullerton to determine whether there are known subsurface
resources at the project site. Additionally, PBS&J will contact the University of California, Museum of
Paleontology and the American Museum of Natural History, Paleontology Division and the Native
American Heritage Commission (NAHC) to request a search of the sacred lands database to determine if
any previously -recorded Native American cultural resources are present on, or in the vicinity of, the
proposed project site. PBS&J cultural resources specialists will conduct a reconnaissance -level survey of
the area in order to obtain an overview of the cultural resource environment and confirm existing
physical resource descriptions.
As with biological resources, this issue could be "scoped out" in the IS/NOP, however, due to the
sensitive nature of the project, PBS&J has proposed to include Cultural Resources in the EIR.
Geology and Solis
Based on information received at the February 11, 2009 meeting with the City and Applicant team, it is
assumed that the project Applicant either has, or will have, a Geotechnical Investigation Report prepared
to assess the geologic and soils conditions at the project site. It is also assumed that the Geotechnical
Investigation Report would identify the measures necessary to ensure safe development at the project
site, which is a typical component of a geotechnical investigation. Therefore, it is assumed that the
geology and soils section of the EIR will substantially rely upon the Applicant's technical study for the
analysis of geological resources, and peer review/revisions as indicated in Subtask 3A. Geologic
conditions and site soils could affect the stability of the proposed structures. However, standard
construction techniques and compliance with City and State standards (including the Uniform Building
Code) are assumed to minimize such hazards to a less -than -significant level.
The EIR will review and summarize the geologic and soils data to develop a description of the site's
general geologic characteristics, with special emphasis on soil constraints, such as unstable soils or
expansive soils. The EIR will also report on the type and magnitude of seismic activity typical in this
portion of Orange County, including the location of the nearest earthquake fault, and determine whether
people or structures would be exposed to substantial adverse effects associated with fault rupture, strong
seismic ground shaking, seismic -related ground failure (including liquefaction), and landslides.
Often, PBS&J is able to "scope out" geology and soils in the IS/NOP because the standard construction
techniques and compliance with City and State standards minimize impacts to a less -than -significant
level. If we receive the geotechnical report during the early stages of the project, we could "scope out"
this issue in the IS/NOP, if appropriate. If the geotechnical report is received after publication of the
IS/NOP, a full EIR section will be prepared (and this is assumed in the accompanying budget to be
conservative).
Global Climate Change
PBS&J will prepare an inventory of the project's greenhouse gas (GHG) emissions associated with its
construction and operation. The inventory will include mobile sources (i.e., construction equipment and
off-site motor vehicular traffic), stationary sources (i.e., combustion of fuels on-site for space heating),
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and indirect sources (i.e., emissions from the off-site generation of electricity proportionate to the
project's electricity demand). Mobile and on-site energy use GHG emissions will be estimated used the
URBEMIS 2007 software. Stationary emissions will be estimated using project -specific plans from the
Applicant and generally available process -dependent GHG emission rates. Indirect emissions will be
projected using residential emission data from the California Climate Action Registry (CCAR) General
Reporting Protocol.
The significance of project GHG emissions will be assessed and mitigation measures will be developed
with reference to the recommendations of the Governor's Offiee of Planning and Research (OPR)
CEQA and Climate Change, the California Air Pollution Control Officers Association's (CAPCOA) white
paper CEQA and Climate Change, the California Attorney General's Office California Environmental Quality
Act Mitigation for Global Warming Impacts, the GHG control policies and programs of the California Air
Resources Board, and other relevant sources. A quantitative analysis of project design features that
would be expected to reduce the project's GHG emissions will be developed. The recently -issued CEQA
Guideline Amendments for assessing the impact of Greenhouse Gases emissions, set forth by the Office
of Planning and Research and adopted by the State Resources Agency in December 2009 (which became
effective in March 2010), will be included in the EIR.
11 Hazards and Hazardous Materials
Based on information received at the February 11, 2009, meeting with the City and Applicant team, it is
assumed that the Applicant has prepared a Phase I Environmental Site Assessment (ESA) and Phase II
ESA for the project site that analyzes whether hazardous conditions exist at the project site and
surrounding area due in part to the industrial uses that currently occur on the project site Qazz
Semiconductor manufacturing). It is assumed that the hazards and hazardous materials section of the
EIR will substantially rely upon the Phase I and Phase II ESAs. If the existing reports were prepared
over one year ago, PBS&J will run an Environmental Database Report (EDR) to obtain a more current
assessment of the potential hazards risks at the project site. As reflected in the budget, the EDR would
be obtained as an OPTIONAL TASK if needed.
The EIR will describe past uses of the project site and will consider the potential for encountering
previously unidentified contamination or hazards related to past uses. If necessary, appropriate mitigation
would be identified, consistent with the recommendations included in the Phase I or Phase II ESA. The
EIR will also describe planned uses at the project site that could create hazards for existing or future
residents or occupants, such as those associated with the use, disposal, transportation, or potential upset
of hazardous materials, including those typically used for commercial and/or residential cleaning.
Federal, state, County, and City laws and regulations governing hazardous materials will be summarized.
Due to the nature of the proposed project (residential and commercial uses), it is not assumed that the
project would emit significant hazardous emissions or significantly handle acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school. According to the Airport
Land Use Commission for Orange County, the project site is located within the Airport Planning Area
for John Wayne Airport, located approximately 1 mile north/northwest of the project site. Compliance
with height restrictions set forth by the Federal Aviation Administration Federal Aviation Regulations
Part 77, Caltrans Division of Aeronautics, and the Airport Environs Land Use Plan for John Wayne
Airport would be required. Potential hazards impacts to area schools and airports will be analyzed in the
EIR.
Based on information received at the February 25, 2009, meeting with the City and Applicant team, it is
assumed that the Applicant has prepared a Health Risk Assessment (HRA) for the project site that
analyzes the potential impacts of air toxics exposure. This analysis will be utilized and incorporated into
the EIR.
The EIR will also evaluate the extent to which the project could impair or physically interfere with an
adopted emergency response plan or emergency evacuation plan, or expose people or structures to a
significant risk of loss, injury, or death involving wildland fires, the latter of which is extremely unlikely.
O OPTIONAL TASK: Run the EDR report, if existing Phase I report(s) are greater than 1 year old
Hydrology and Water Quality
As with geotechnical and on-site hazards, it is assumed that the Applicant has, or will have, completed a
hydrology/drainage/water quality investigation for the project site. Any studies that the Applicant
provides will be utilized in the preparation of the Hydrology/Water Quality section. However, if such
studies have not been prepared by the Applicant, PBS&J is qualified to conduct the appropriate studies
required to accurately analyze hydrology, drainage and water quality issues at the project site. These
studies are not included in this scope of work and would be conducted under a separate scope and
budget.
Existing hydrologic conditions will be analyzed in the EIR, including the extent and nature of the existing
watershed, groundwater recharge and supply, drainage conditions, and water quality. Surface water
resources will be described for the project area. Existing and planned drainage and flood control facilities
will also be described. The 100- and 500 -year floodplains within the project vicinity will be mapped, and
any exposure of structures to the 100 -year floodplain will be evaluated. However, as defined by the
Federal Environmental Management Agency, the project site is not located in a designated flood hazard
area. Additionally, according to the Safety Element of the City's General Plan, the project site is not
located within a 100 -year or 500 -year flood zone for tsunami inundation. This information would be
included as part of the EIR analysis for the proposed project.
The potential increase in the rate of runoff as a result of developing the proposed project will be
described and compared to pre -development conditions. The EIR will analyze whether the proposed
project would adversely alter the existing drainage pattern of the site, such that flooding, erosion, or
other degraded water quality conditions would occur. As would be expected, impacts related to erosion
are not considered likely, particularly assuming compliance with the requirements of the National
Pollutant Discharge Elimination System (NPDES) program during construction activities.
A description of existing water quality conditions will be compiled based on existing studies or inquiries
to local agencies. The environmental analysis will address potential changes in surface water and
groundwater quality as a result of site development. PBS&J will discuss the applicability of relevant water
quality regulations to reduce potential effects. These requirements would include, but would not be
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limited to, the Santa Ana Regional Water Quality Control Board NPDES permit requirements for
construction and operational activities and the Clean Water Act Section 303(d) list of impaired
waterbodies. In addition, either this section and/or the utilities and service systems section would
determine whether the project would result in a rate of flow that exceeds any downstream storm drain
facility's capacity, or result in runoff that exceeds the pre -developed condition.
According to the Irvine Ranch Water District (IRWD), if a Water Supply Assessment (WSA) is required
for the proposed project, IRWD would be responsible for preparing the WSA. PBS&J would incorporate
the results of the WSA into the Hydrology & Water Quality section of the EIR.
Land Use and Planning
Based on analysis of Land Use issues during preparation of the Initial Study for the Conexant project, it
was determined that impacts to Land Use will be less than significant. As such, it is expected that Land
Use issues will not be further discussed in the EIR.
Mineral Resources
It is expected that mineral resources would be "scoped out" in the IS/NOP for the proposed project.
Within the City of Newport Beach's Sphere of Influence, mineral extraction activities occur in the
Newport Oil Field which lies under the Pacific Ocean, and the West Newport Oil Field which is located
in the Banning Ranch Area. Neither mineral site is located in close proximity to the project site. The
project site has never been utilized for mineral extraction, and it is not anticipated that mineral resources
exist at the project site.
Noise
The noise analysis will address the impacts of the project on background noise levels and the
population's exposure to physically or psychologically damaging noise levels. The noise analysis will be
based upon approximations of noise levels and associated changes in the ambient noise level that are
likely to occur based on implementation of the proposed project.
The environmental setting discussion will briefly summarize the nature of sound and vibration and will
introduce acoustical terms that relate to the subsequent analysis. It will also describe the existing noise
(and vibration) environment in the vicinity of the project site. This description will include noise (and
vibration) sources, such as motor vehicle traffic, as well as the identification of potentially vulnerable
existing noise- and vibration -sensitive land uses, such as residential uses. To facilitate this description,
existing ambient daytime noise levels will be measured at selected locations (to be determined in
coordination with the City) within and around the proposed project site to establish current baseline
noise levels. These locations will be identified on a map. The daytime noise levels would be measured
using a Larson -Davis Model 814 precision sound level meter, which satisfies the American National
Standards Institute (ANSI) for general environmental noise measurement instrumentation. The noise
monitoring program will be consistent with the requirements of Sections 10.26.055 of the Newport
Beach Municipal Code.
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Noise would be characterized in the following terms:
■ L.9, the equivalent energy noise level, is the average acoustic energy content of noise for a stated
period of time; for evaluating community impacts, this rating scale does not vary, regardless of
whether the noise occurs during the day or the night
■ Lm;,,, the minimum instantaneous noise level experienced during a given period of time
■ L,,,., the maximum instantaneous noise level experienced during a given period of time
Existing 24-hour noise levels will be calculated for various roadway segments in the project vicinity using
the Federal Highway Administration Highway Noise Prediction Model (FHWA-RD-77-108) and current
traffic counts from the TIA being prepared by Kimley-Horn and Associates for the proposed project.
The model would calculate the average noise level at specific locations based on traffic volumes, average
speeds, roadway geometry, and site environmental conditions. Vehicle nose energy rates in the FWHA
model will be modified to incorporate rates utilized by Caltrans, which better represent vehicle noise
levels in California. It should also be noted, the project site is located within the John Wayne Airport
Planning Area, and would be subject to noise standards set forth in the Airport Environs Land Use Plan
for the John Wayne Airport.
After the existing and with -project noise and vibration environment is described, relevant State and local
noise standards and guidelines will be identified and noise and vibration impacts will be determined.
Mitigation will be incorporated as necessary in the EIR.
Population, Housing, and Employment
The proposed project would alter the population, employment, and housing characteristics for the area
through an increase in residential units and would decrease employment opportunities and daytime
population (compared to existing uses) through the reduction of existing industrial uses. The potential
population increase associated with the proposed project will be estimated using the number and type of
dwelling units proposed and the employment generation (and associated population growth, if any) will
be estimated using the proposed acreages and assumed floor area ratios (FAR) for proposed uses.
The EIR will evaluate the project's consistency with any housing affordability requirements. The EIR will
summarize the employment and housing characteristics of the City and region based on existing
documentation and will be utilized to determine potential project impacts. Applicable General Plan
policies regarding population, housing (including affordable housing), and employment opportunities will
be described and analyzed in the EIR.
Public Services
To determine whether adequate public services could be provided to serve the project site, PBS&J will
contact the Newport Beach Police and Fire Departments to request current information on existing and
planned service levels, staffing levels, and response times. Using factors developed in consultation with
these agencies and City staff, the demand for police and fire services will be quantified and compared to
existing and planned service levels. The EIR will also describe existing and projected school enrollment
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for the Santa Ana Unified School District with a focus on local feeder schools. The EIR will discuss State
school fee requirements and their relationship to CEQA and mitigating impacts on schools.
PBS&J will also contact the City for information on existing and planned capacity of the library system.
Based on input from the City, project demand will be evaluated in the EIR, along with the need for
additional facilities.
Recreation
The City of Newport Beach's Park Dedication Fees Ordinance requires developers of new residential
subdivisions to provide parklands at five acres per 1,000 persons or contribute in -lieu fees for the
development of public recreation facilities in order to meet demands generated by the development's
resident population. These standards are consistent with the Quimby Act, which allows a legislative body
of a city or county to require the dedication of land or impose a requirement for payment of in -lieu fees,
or a combination of both, for park or recreational purposes as a condition to the approval of residential
development The proposed development would include open space areas which could satisfy City
requirements. The EIR will update the list of existing and planned park facilities in the area, and
determine the demand for parkland generated by the change in permanent or daytime population as a
result of implementing the project using methodology approved by the City. The City's parklands
requirements would be included as a mitigation measure in the ETR.
Transportation/Traffic
Transportation and Circulation is likely to be one of the major issues to be addressed in the EIR. The
PBS&J team includes Kimley-Horn and Associates, Inc. (KHA) for preparation of the traffic impact
analysis (traffic study). The scope of the traffic study is intended to meet the City of Newport Beach
requirements for analysis of traffic impacts associated with this project. KHA will meet, as necessary,
with City staff to discuss the project, the proposed method of analysis, and other relevant considerations.
At such time, KHA will verify the study approach and any additional specific study requirements prior to
any data collection. ILIA will discuss potential traffic issues with the City's personnel to identify any
additional concerns and recommendations. Additionally, KHA will provide the following services:
■ Participate in a project kick-off meeting with the EIR team (including City staff).
■ Obtain information from the project team regarding the existing and proposed site uses, including
land use and quantity of existing development; and size, quantity, and layout of the proposed
development plan(s).
■ Conduct a site visit of the project area, and document existing roadway conditions on the roadways
surrounding the project site.
■ Develop project trip generation estimates for the proposed project, using the Institute of
Transportation Engineers (ITE) Trip Generation publication (8t' Edition). Trip generation estimates
will include the appropriate trip credit for existing site uses that will be removed.
■ Develop trip distribution assumptions for the project traffic, based on likely origins and destination
of project patrons and employees. Input from the project Applicant will be solicited for this task.
Project traffic will be distributed through the study intersections, and the project traffic
contribution to each intersection will be identified.
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■ 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 TPO Approved Project information, including project trip generation and distribution,
from the City. Where necessary, develop trip distribution and assignment assumptions for each
approved project through the study intersections.
■ Obtain cumulative project information from the City of Newport Beach and the City of Irvine.
Develop trip distribution and assignment assumptions for each cumulative project through the
study intersections.
■ Compile approved and cumulative project traffic volumes through all study intersections.
■ Conduct a preliminary analysis to determine the extent of the traffic study area, based on the City
of Newport Beach TPO 1% analysis and applicable environmental impact criteria. The following
remaining tasks will apply only to the study intersections that meet the 1% criteria.
a For budgeting purposes, it is assumed the study intersections will include up to 15 TPO primary
intersections, 5 non -primary intersections in the City of Newport Beach, and 10 additional
intersections in the City of Irvine. KFiA and City of Newport Beach staff will work with City of
Irvine staff to confirm the study intersections in the City of Irvine prior to proceeding with the
analysis.
■ Peak hour traffic data for the primary intersections will be provided by the City of Newport Beach.
KRA will obtain peak hour traffic data at the remaining study intersections.
■ Intersection analysis of Newport Beach intersections will be conducted using the Intersection
Capacity Utilization (ICU) methodology, consistent with the City of Newport Beach TPO
requirements. It is assumed that analysis of the City of Irvine intersections will be conducted using
the Irvine analysis methodology.
■ Summarize operating conditions at the study intersections for the following scenarios:
a. Existing Conditions
b. One Year after Opening — TPO Analysis:
i. Existing Plus Growth Plus Approved Projects
ii. Existing Plus Growth Plus Approved Projects Plus Project
One Year after Opening — CEQA Analysis:
i. Cumulative Conditions
ii. Cumulative Conditions Plus Project
■ Identify project impacts, and any mitigation measures, if necessary. If mitigation is required, a
conceptual drawing of the recommended improvement will be provided. For budgeting purposes,
it is assumed that record drawings of any study intersection will be available from the City, and that
a mitigation concept plan will be prepared for up to two study intersections. This task will also
include preliminary cost estimates and project contribution percentages for each of the mitigated
intersections. If mitigation is needed at additional intersections, each additional concept plan/cost
estimate/ contribution percentage will require an additional fee of $1,500.
■ Evaluate the proposed parking supply to determine whether it will meet the parking requirement
based on City of Newport Beach parking code. If appropriate, KHA will conduct a shared parking
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analysis and identify the anticipated peak parking requirement for the project, based on the
maximum concurrent utilization of site facilities.
■ Prepare traffic control plans for new access points along the adjacent arterial roadways, including
the necessary transition to return back to the existing conditions. The traffic control plans will be
prepared at 40 scale (1" = 40) using AutoCAD 2007 version drafting software on 24" x 36", full-
size sheets. The cost per sheet of traffic control plan is approximately $3,500. At this time, the
number of necessary sheets has not been determined; however, for budgeting purposes, KHA has
assumed four (4) sheets.
■ Prepare traffic signal warrant analysis at up to three (3) unsignalized intersections using 2003
MUTCD method with projected daily traffic or peak hour traffic volumes.
■ Prepare a draft traffic impact study report documenting all data, analyses, results, and conclusions
to be submitted to the City of Newport Beach.
■ Respond to comments on the draft traffic study to the extent that no new data collection and/or
analyses are required. A total of up to eight hours is assumed. Responses requiring a greater
amount of time, or requiring additional data collection and/or analyses will be completed for an
additional fee to be negotiated prior to conducting data collection and/or analyses.
■ Prepare a final traffic study incorporating responses to comments made on the draft traffic impact
study report.
■ KHA will participate in up to five (5) project meetings with the project team, city staff, or any
others as directed by the EIR Project Director or Project Manager.
■ ICHA will participate in up to four (4) public hearings (i.e., 2 with the Planning Commission, 2 with
the City Council
Since inception of the Conexant project in May 2009, the following changes have occurred that warrant
an amendment to the overall TIA budget (originally proposed at $99,475.00 with PBS&J's 15%
administrative fee):
■ A separate (third) traffic study for the Integrated Conceptual Development Plan (ICDP) will no
longer be required. A separate study for the Koll Center project will still be needed. The original
budget for the ICDP traffic study was $72,500. Approximately $2,500 in effort has been expended
in setting up folders, files, and analysis software set-ups in preparation for the ICDP traffic study.
■ The City of Irvine requires that 27 intersections in their City be included in the analysis for all
scenarios studied. The original proposal assumed 10 Irvine intersections, thereby increasing the
number of intersections to be studied in Irvine by 17. The increase in study intersections will result
in an increase in analysis effort and costs by approximately $39,000.
■ The City of Irvine originally indicated that traffic counts would be available from recent traffic
studies. However, the City of Irvine determined that they did not have current traffic count data at
any of the study intersections in their city. KHA has obtained traffic data for all of the requested
Irvine study intersections that were not already available. The cost for obtaining traffic counts was
$5,595.
■ The City of Irvine requires a short-term future analysis of their intersections be conducted using
output from the City's Irvine Traffic Analysis Model (ITAM). This will require KHA to perform
additional data input and analysis tasks and will require additional coordination with City of Irvine
staff. The cost to process and incorporate ITAM data for all Irvine intersections, all short-term
future scenarios is $13,200.
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■ Caltrans requires analysis of the project's impacts on the freeway mainline, merge lanes, and ramp
facilities queuing in the project study area, included the I-405 (San Diego Freeway), SR -55 (Costa
Mesa Freeway), and SR -73 (Corona Del Mar Freeway). The cost for freeway mainline analysis is
$4,800. The cost for freeway merging analysis is $4,500. The cost for ramp queuing analysis is
$4,000.
The cost for the additional analysis requirements outlined above is $36,250.44 ($41,688.00 with PBS&J's
15% administrative fee). The total for all tasks above is $1,095.00 above the amount left in the current
budget; however, Kimley Horn and Associates will incur this cost as part of their total budget, therefore,
not passing it on to the City or the Applicant.
The following additional services can be provided by KHA, as necessary, under a separate scope and
budget:
■ Parking management plans
■ Traffic signal design
■ Signing and striping plans
■ Additional data collection
■ Analysis of development alternatives
The results of the traffic study will be incorporated into the Transportation/Traffic section of the EIR.
Utilities and Service Systems
The EIR will evaluate the ability of all utilities to serve the proposed project. The EIR will describe the
IRWD's water entitlements and treatment plant capacity and conveyance system in the project vicinity.
Existing groundwater resources and wells will be identified. A Water Supply Assessment (WSA) is
required for any development in excess of 500 residential units or commercial development of 100,000
square feet or more. A (WSA) would be prepared for the proposed project, if not individually than
collectively with the other project(s) part of the CDP area. As previously mentioned, the Irvine Ranch
Water District (IRWD) will prepare the WSA (and will not require the services of PBS&J). However, the
WSA must be requested by the City of Newport Beach.
The EIR will evaluate the need for water treatment and conveyance infrastructure improvements to serve
the proposed project. The EIR will describe the existing and planned capacity of the regional wastewater
treatment plants, and the location of existing and planned sewage collection system. The average
wastewater flow from proposed residential and commercial uses will be estimated using factors provided
by the Orange County Sanitation District (OCSD), and compared to existing and planned treatment
capacity.
The City collects most of the residential solid waste generated in the City of Newport Beach, with a small
amount handled by private contractors. Private contractors, however, collect commercial solid waste.
Construction debris, including debris generated by demolition activities, is often transported by
demolition contractors to privately owned and operated facilities that specialize in debris recycling and
provide for landfilling of materials that cannot be recycled. The EIR will provide a description of existing
and future landfill capacity at the landfills that accept waste from the City of Newport Beach and
A-16
describe any regulations associated with State -mandated waste reduction requirements. The amount of
solid waste that could be generated by the proposed project will be quantified based on factors developed
in consultation with the City. Projected solid waste will be compared to existing and future landfill
capacity to determine whether the changes in land use would substantially shorten the life of the landfill
or necessitate expansion of the landfill.
PBS&J will contact the Newport Beach Utilities Department, IRWD, Southern California Edison, and
the Southern California Gas Company for information concerning existing and planned energy
infrastructure and sources that could serve the project site. This information will be summarized in the
EIR. Based on factors provided by the service providers, the EIR will quantify estimated energy use for
the proposed project. This demand will be discussed with the service providers to determine whether
there is ample supply. The EIR will briefly and qualitatively discuss the likely sources of supply and the
potential impacts of such energy sources. The EIR will identify on-site and off-site infrastructure needed
to provide electricity or gas to the project site. The analysis of energy, natural gas and solid waste with
regard to potential impacts to Global Climate Change will also be included in the EIR (as described
above).
List of Products
❑ One (1) electronic copy of a list of thresholds and impact statements that would be used in the Draft
EIR
❑ One (1) electronic copy of Administrative Draft EIR I
❑ One (1) electronic copy of Administrative Draft EIR II
❑ Six (6) printed copies of the Screencheck Draft EIR
❑ Attendance at up to three (3) meetings to discuss changes to the Administrative Draft EIR with the
City and Applicant, as necessary
TASK 5 Prepare Public Review Draft EIR and Notice of
Completion and Attend Public Hearing on the Draft
EIR
Subtask 5A Prepare Public Review Draft EIR and Notice of
Completion
PBS&J will prepare a Draft EIR for public review that incorporates all of the comments on the
Administrative Draft EIR (I and II) and Screencheck Draft EIR. The Draft EIR will be comb -bound,
using heavy stock paper for the cover, rather than plastic or laminate. PBS&J will provide the City with
seventy-five (75) total printed copies and one (1) CD copy of the Draft EIR (in WORD and PDF
formats). It is assumed that the City will distribute the Draft EIR to the State Clearinghouse (15 copies),
as well as to persons and agencies on the City's mailing list. It is assumed that PBS&J would be
responsible for preparation of the Notice of Completion, while the City or Applicant would be
responsible for any applicable filing fees. Lastly, it is assumed that the City would be responsible for
posting the Notice of Completion and providing the Draft EIR at the appropriate locations within the
A-17
City. The City or Applicant would also be responsible for noticing in applicable newspapers and/or
publications.
List of Products
❑ Seventy-five (75) printed copies of the Draft EIR for City distribution (including 15 copies for the
State Clearinghouse)
❑ One (1) electronic copy of the Draft EIR and NOC on CD (in WORD and PDF formats)
❑ Two (2) printed copies of the NOC for City filing
Subtask 513 Attend Public Hearing on the Draft EIR
PBS&J will attend one Draft EIR Public Hearing for the proposed project. It is assumed that the City of
Newport Beach would coordinate and facilitate the Public Hearing and that presentation materials
describing or illustrating the project will be provided by the City or the Applicant. PBS&J would take
detailed notes regarding the issues raised by commenting individuals that should be addressed in the
Final EIR. If additional participation by PBS&J is required, such as providing an overview of the CEQA
process and answering questions raised by the public regarding the CEQA process and/or general
questions regarding technical analytic methods, those services could be provided as well. PBS&J will also
prepare a memorandum or matrix summarizing the key environmental issues of public concern that were
raised.
List of Products
❑ Attendance at one (1) Draft EIR Public Hearing by PBS&J's Project Director and/or Project Manager
❑ One (1) electronic copy of a memorandum or matrix outlining issues raised during the EIR Public
Hearing
TASK 6 Develop Final EIR Work Plan and Prepare
Administrative Final EIR and Mitigation Monitoring and
Reporting Program
Subtask 6A Develop Final EIR Work Plan
It is assumed that the City will compile and transmit all written comments on the Draft EIR throughout
the public review period as one unified set of comments following the close of the public review period.
PBS&J will confer with the Applicant and the City to review written comments on the Draft EIR,
including comments from public meetings and hearings, to develop a general strategy for preparation of
responses. To the maximum extent feasible, topical responses will be provided for broad issue areas if
there is extensive public comment. PBS&J will consult with the project team to review and revise, if
necessary, the project schedule that was developed and reviewed as part of Task 1 based upon the
number of comment letters received. In addition, a matrix will be prepared that will identify each
comment, whether the response is anticipated to be individual or topical, and the team members
responsible for preparing the response.
A-18
List of Products
❑ One (1) electronic copy of a matrix identifying comments, environmental issue areas addressed by
each comment, and work assignments, including dates of completion
❑ Attendance at one (1) strategy meeting by the Project Director and/or Project Manager to discuss
responses to comments on the Draft EIR
Subtasks 6B Prepare Administrative Final EIR (Response to Comments
and Text Revisions) and Mitigation Monitoring and
Reporting Program (MMRP)
The Response to Comments volume of the Final EIR will include all comments received, responses to
those comments, and standard introductory material. The Mitigation Monitoring and Reporting Program
(MMRP) would be provided separately, but prepared concurrently with the Final EIR. All comments will
be numbered (to indicate comment letter and comment number), and the responses to those comments
will be similarly numbered to allow easy correlation. In addition, where the text of the Draft EIR must be
revised, the text will be isolated as "text changes" in the Response to Comments volume, indicating
deleted text by strikeout and inserted text by double -underline. The text of the Draft ETR will not be
revised. The Final EIR will collectively consist of the Draft EIR, the Response to Comments document,
and the technical appendices.
It is assumed that the Final EIR would be provided at least 10 days prior to consideration for
certification by the City to any commenting public agency and any member of the public who has
requested the document. Further, the MMRP will be designed to ensure compliance with all adopted
mitigation measures during project implementation. The MMRP will be in table format and will specify
project -specific mitigation measures, as well as standard conditions of approval that are applicable to the
project, if requested by the City. Mitigation timing and responsible parties will also be identified. The
objective of the MMRP is to ensure compliance with Public Resources Code Section 21081.6, as
mandated by Assembly Bill 3180 (Cortese 1988), which requires that a lead agency adopt an MMRP at
the time an EIR is certified.
An estimated budget has been prepared for the responses to comments effort; however, the actual scope
and extent of public comments cannot be definitively determined at this time. Therefore, for purposes of
this proposal, it is assumed that the responses to comments effort would not exceed the amount
indicated in the budget (200 comments). After all of the comments have been received, PBS&J, the
Applicant, and City staff will determine whether the existing budget is adequate or whether additional
monies would be needed, which could be provided on a fixed fee or time -and -materials basis.
List of Products
❑ One (1) electronic copy of a memorandum indicating the adequacy of the estimated budget for the
responses to comments work effort (if required)
❑ One (1) electronic copy of the Administrative Final EIR (Response to Comments) and MMRP
❑ Attendance at one (1) meeting by the Project Director and/or Project Manager to discuss changes to
the Administrative Final EIR
A-19
TASK 7 Prepare Final EIR for Public Review, Attend Hearings,
and File Notice of Determination
Subtask 7A Prepare Final EIR for Public Review
PBS&J will prepare a Final EIR and MMRP that incorporates all of the comments on the Administrative
Final EIR and MMRP. The Final EIR will be comb -bound, using heavy stock paper for the cover, rather
than plastic or laminate. PBS&J will provide the City with forty (40) printed copies and one (1) CD copy
of the Final EIR and MMRP (in WORD and PDF format). It is assumed that the City will distribute the
Final EIR to commenting agencies, which includes appropriate persons or agencies on the City's mailing
list.
List of Products
❑ Forty (40) printed copies of the Final EIR and MMRP for City distribution
❑ One (1) electronic copy of the Final EIR and MMRP on CD (in WORD and PDF formats)
Subtask 713 Attend Hearing and Prepare Notice of Determination
PBS&J will attend the Hearing during which time certification of the Final EIR would be considered. It
is assumed that the City of Newport Beach would coordinate and facilitate the Hearing and that
presentation materials describing or illustrating the project will be provided by the City or the Applicant.
PBS&J would be available to answer questions raised concerning the CEQA process and/or technical
questions regarding the analysis contained in the EIR. PBS&J will also provide the City with two (2)
printed copies of the Notice of Determination. It is assumed that the City would file the Notice of
Determination with the County Clerk if the Final EIR is certified. It is assumed that the City or
Applicant would be responsible for any applicable filing fees and noticing in newspapers or publications,
as required.
It is assumed that the City would be responsible for preparation of certification documents, including
written Findings of Fact and a Statement of Overriding Considerations, as required by Sections 15091
and 15093 of CEQA, respectively. In addition, it is assumed that the City would prepare City Resolutions
that serve to adopt the Findings of Fact and Statement of Overriding Considerations.
List of Products
❑ Two (2) printed copies of the NOD for City filing
❑ One (1) electronic copy of the NOD on CD (in WORD and PDF formats)
❑ Attendance at one (1) Hearing by PBS&J's Project Director and/or Project Manager
Subtask 7C Attend Two Additional Public Hearings or Meetings
At the request of the City, in addition to the three public meetings and hearings identified in Subtasks 2B,
5B, and 7B, PBS&J will attend up to two (2) additional public meetings or hearings. This could include
attendance at a meeting/hearing with the Planning Commission, City Council, or the Airport Land Use
Commission. It is assumed that the City of Newport Beach would coordinate and facilitate this meeting
A-20
or hearing and that presentation materials describing or illustrating the project will be provided by the
City or the Applicant. PBS&J would be available to answer questions raised concerning the CEQA
process and/or technical questions regarding the analysis contained in the EIR.
List of Products
❑ Attendance at two (2) additional Public Hearings or Meetings by PBS&J's Project Director and/or
Project Manager
TASK 8 Attend Project Meetings
Subtask 8A Attend Project Meetings
PBS&J will attend a maximum of twenty-five (25) meetings during preparation of the EIR, which
assumes approximately two meetings per month (primarily the bi-weekly team meetings) starting
February 25, 2009. Project team meetings (at most 5) associated with the Administrative Draft EIR (I
and II), Draft ETR, and Administrative Final EIR are included in this total. Likewise, one (1) meeting to
be held with the City of Irvine is included in this task. The Scoping Meeting and public hearing(s) are
included in their specific tasks. Other meetings may be attended on a time -and -materials basis with an
amendment to the proposed scope of work and budget, with prior authorization by the City of Newport
Beach.
List of Products
❑ Attendance at up to twenty five (25) project meetings by the PBS&J Project Director and/or Project
Manager.
TASK 9 Project Management and General Coordination
Subtask 9A Project Management and General Coordination
The purpose of this task is to manage the PBS&J project team, manage the EIR preparation effort, and
maintain constant, close communication between the City, the Applicant if appropriate (once the
protocol for team communication is established), and the EIR team. This task is also intended to ensure
that the project will be completed on time and within budget, and that all work products are of the
highest quality. PBS&J will coordinate the team's work for the communication of issues, transmittal of
comments, financial management, and other project management matters.
A-21
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PROFESSIONAL SERVICES AGREEMENT WITH
POST BUCKLEY SCHUH & JERNIGAN (PBS &J), INC. FOR ENVIRONMENTAL
SERVICES FOR CONEXANT MIXED USE DEVELOPMENT
THIS AGREEMENT is made and entered into as of this 'k day of N l
2004, by and between the CITY OF NEWPORT BEACH, a Municipal rporation
( "City' ), and POST BUCKLEY SCHUH & JERNIGAN, INC. (PBS &J), a Florida
Corporation, whose address is 12301 Wilshire Boulevard, Suite 430, Los Angeles,
California, 90025 ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter City.
B. Conexant proposes to redevelop their existing 25 -acre property from an
industrial /office complex to a mixed use development. City desires to engage
Consultant to prepare an Environmental Impact Report (EIR) for Conexant mixed
use development, including technical studies identified in the attached Scope of
Service, and an Integrated Conceptual Development EIR Analysis which is to be
incorporated into the Conexant's EIR and The Koll Company's EIR ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. The principal member of Consultant for purposes of Project, shall be Ruta K.
Thomas.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2010, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
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3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator no later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, e-mail, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates (Attachment C of Scope of Service) and incorporated herein by
reference. Consultant's compensation for all work performed in accordance with
this Agreement, including all reimbursable items and subconsultant fees, shall
not exceed Two Hundred Seventy -Seven Thousand, Eight Hundred Forty -Seven
($277,847.00) dollars for the preparation of Conexant's EIR document, and One
Hundred Forty -Five Thousand, Two Hundred Sixty -Five ($145,265.00) dollars for
the preparation of Integrated Conceptual Development Plan EIR analysis, without
prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
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limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this Agreement,
which have been approved in advance by City and awarded in accordance
with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Attachment C of Scope of Service.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Ruta K. Thomas to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Attachment A of Scope of Service or assign
any new or replacement personnel to the Project without the prior written consent
of City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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6. ADMINISTRATION
This Agreement will be administered by the Planning Department. David Lepo,
Planning Director shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in
a timely manner so as not to cause delays in Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other reproduction
will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
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promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any.manner relate (directly or indirectly) to any breach
of the terms and conditions of this Agreement, any work performed or services
provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
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interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any
permit. Current certification of insurance shall be kept on file with City at
all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in . the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating
Guide, unless otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for
his or her employees in accordance with the laws of the State of
California. In addition, Consultant shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of California for
all of the subcontractor's employees. Any notice of cancellation or non-
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renewal of all Workers' Compensation policies must be received by City at
least thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents, employees
and volunteers for losses arising from work performed by Consultant for
City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement, or the general aggregate limit shall
be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with work to be
performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than one million
dollars ($1,000,000) combined single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers the
services to be performed in connection with this Agreement in the
minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insurers with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
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iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that sub - consultants may be used to complete the
work outlined in the Exhibit A. The sub - consultants authorized by City to perform
work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
All written documents, including graphics, exhibits, photographs, maps, etc, shall
be transmitted to City in the City's latest adopted version of Microsoft Word,
Excel, and Adobe Acrobat (PDF). All PDF documents shall be divided into
separate files identifying each chapter and named accordingly. Every attempt
shall be made to reduce the PDF file size to under 15 MB without degrading
image quality and resolution. PDF files must be text- searchable and bookmarked
to each section of the chapter.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
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accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeable
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
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harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
Attn: David Lepo
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3208
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Ruta K. Thomas
PBS &J
12301 Wilshire Boulevard, Suite 430
Los Angeles, CA 90025
Phone: 310 - 268 -8132
Fax: 310- 268 -8175
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
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developed or accumulated in the performance of this Agreement, whether in draft
or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. 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.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By: A
�-- C_
ff C—L�—
Aaron Harp, Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
Leilani Brown,
City Clerk
LI FOV'-2aO
CITY OF NEWPORT BEACH,
A Municipal Corporation
H er Bludau,ity Manager
for the City of Newport Beach
CONSULT
(Corporate Officer)
Title: Associate Vice President
Print Name: Terri S. Vitar
By:
orporate Officer)
Title: Vice President
Print Name: Brian D. Boxer
Attachment: Exhibit A — Scope of Services
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�F
F:
April 27, 2009
Ms. Sharon Wood
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Subject: Proposal to Provide Environmental Consulting Services for the Conexant Project
Dear Ms. Wood:
We are pleased to provide this proposal as a follow -up to our meeting on February 11, 2009, as well as
subsequent conversations, regarding the provision of environmental consulting services for the proposed
residential and retail development to be located on the Conexant site, within the Airport Land Use Area
of the City of Newport Beach. It is our understanding that this project would be developed as part of a
larger project, governed by the Integrated Conceptual Development Plan (CDP) to be finalized and
approved for a portion of the Airport Land Use Area. It is also our understanding that the Conexant
Project would be located on one parcel, approximately 25 acres in size, along the eastern side of the
proposed CDP area that parallels Jamboree Road.
Our experience with similar environmental projects in Orange County, as well as the depth of our senior
leadership with planning issues in the Newport Beach area, will allow us to complete the requested work
in a timely, complete, and cost - effective manner. In relevant part PBS &J offers:
■ Relationships with the City of Newport Beach
■ Recent environmental review experience and knowledge of issues pertaining to residential/
commercial mixed -use development as well as redevelopment of previous industrial properties,
which provides specific expertise with the type of project that is proposed
■ Commitment of senior PBS &J staff to work on the project, which provides unique intellectual
capital that can be leveraged to the benefit of the proposed project
As you requested, our proposal includes an identification of the Project Team, a Scope of Work,
Schedule, and Budget. We are pleased to have Kimley -Horn and Associates (KHA) join our team for
preparation of the Traffic Impact Analysis for both the CDP and Conexan: Project.
12301 Wilshire Boulevard • Suite 430 • Los Angeles, California 90025
Telephone: 310.268.8132 • Fax: 310.268.8175 • www.pbsi.com
Project Management Team
Project Management Team
The project management team for the Conexant Project Environmental Impact Report (hereinafter
referred to as the Conexant EIR) consists of Ruta K. 'Thomas, CEQA /NEPA Group Manager for the
Los Angeles office; and Carrie Garlett, Project Manager. Resumes for our project management team are
included in Attachment A.
Ruta K. Thomas, REA, who has nearly 15 years of CEQA /NEPA experience, would serve as the
Project Director for the Conexant EIR. Ms. Thomas is the Los Angeles Office CEQA /NEPA Group
Manager, as well as a Senior Project Manager responsible for managing the preparation and coordination
of highly complex, controversial, and visible environmental documentation for redevelopment projects
throughout the state of California. She has experience managing a diversified mix of projects, such as the
Los Angeles Unified School District (LAUSD) Central Los Angeles Area Learning Center No. 1
(Ambassador) EIR, the New South Coast County Golf Course EIR for Los Angeles County Department
of Parks and Recreation, and two mixed -use residential/commercial complex EIRs (Bella Terra Phase 2
and The Ripcurl) for the City of Huntington Beach. She has a solid background in the preparation of
CEQA /NEPA documentation, especially for those projects with sensitive hazardous materials and
transportation issues. Ms. Thomas is also licensed in the preparation of Phase I Environmental Site
Assessments, which includes conducting site history research and hazardous waste analysis. She is
currently managing PBS &J's 5 -year master contract with LAUSD, which to date has included over twelve
environmental documentation projects throughout Los Angeles County. Nis. Kshirsagar received a B.A.
in Biology /Economics from Lehigh University in Pennsylvania and an M.A. in Environmental Studies
from Brown University in Rhode Island.
Carrie Garlett would serve as the Project Manager for the Conexant EIR. Nis. Garlett has 10 years of
professional experience in environmental analysis and permitting, engineering, planning, and
development management. She has managed and coordinated a variety of projects ranging from small
commercial and residential developments to highly complex, large -scale master- planned developments.
As a project manager and forward planner, Ms. Garlett has worked for a variety of public- and private -
sector clients and is well- versed in the preparation and processing of CEQA documentation. She has
produced environmental documentation for a wide -range of projects in urban areas, complex residential
projects, and large -scale mixed -use projects and has extensive experience in the City and County of Los
Angeles. Prior to joining PBS &J, Ms. Garlett managed development (including environmental,
entitlement, and construction documents) of over 1,200 multi- family residential units within mixed -use
and transit - oriented development projects in Northern and Southern California. Her background in
engineering, project management, and forward planning gives her extensive knowledge of the southern
California area and the processes and procedures needed to accomplish complex development and
infrastructure projects. Ms. Garlett holds a Masters degree in City Planning from the Georgia Institute of
Technology (Georgia Tech) and a BSE, Civil Engineering from the University of Michigan, Ann Arbor,
specializing in municipal services.
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Scope of Work
Scope of Work
Project Approach
The approach of the PBS &J Project Team is based on meeting the following objectives:
■ Accurately reviewing and integrating the technical analyses prepared by the Applicant into the
environmental document
• Serving as a key element of the City's team to anticipate controversial issues, provide unbiased
recommendations, devise solutions to potential impacts, and provide expert planning, policy, and
environmental compliance consultation
• Committing senior management to the project to provide close coordination with, and accessibility
to, the City and the Applicant's team to ensure technical accuracy, document objectivity, and legal
defensibility
• Complying with the California Environmental Quality Act (CEQA), the current CEQA
Guidelines, as well as current case lain
• Complying with all unique City processing requirements
• Responding to all significant issues of concern raised by the various governmental agencies, private
entities, individuals, and community groups
• Submitting all required deliverables within the mutually agreed upon time frames
It is assumed that the EIR prepared for the proposed project will include both a programmatic -level and
project -level analysis. This approach will ensure that all necessary CEQA programmatic -level analysis of
the Integrated Conceptual Development Plan (CDP) is included and that all CEQA project -level analysis
of the Conexant Project is included. It will also ensure that project - specific analysis is included given the
level of specificity that is anticipated to be available when preparation of the environmental document
commences. It is further assumed that data and /or analysis contained in other relevant environmental
and planning documents will be utilized to the greatest extent possible to ensure consistency with other
approved analysis methodologies and impact conclusions and to eliminate the duplication of data
collection, which will result in a cost and /or time savings to the City and the Applicant.
PBS &J will take full responsibility for project initiation and organization, data compilation, impact
assessment, development of mitigation measures, report compilation, monitoring and review for CEQA
adequacy, attendance at public meetings and hearings, response to public comments, coordination of the
internal Project Team, and preparation of a Mitigation Monitoring and Reporting Program.
Report format and content will be in full compliance with CEQA (as amended through the date of
submittal of the draft EIR), the CEQA Guidelines (also as amended through the date of submittal of the
draft EIR), and the City's environmental guidelines and procedural requirements. General EIR
organization for both the programmatic -level and project -level analysis will include a discussion of
existing conditions, potential direct and indirect /secondary environmental impacts, and the
recommendation of mitigation measures for each affected issue area. Text will be supplemented with
Proposal to Provide Environmental Consulting Services for the
Conexont Redevelopment Project
graphics and summary tables, as necessary, to present information in a concise and easily understood
format. Work products will consist of professionally photocopied reports in comb bindings, which are
printed on recycled paper. The majority of graphics, charts, and maps will be presented in black ink,
although some color graphics may be included to help convey necessary information. All final work
products will be submitted in hard -copy format and on CD and will be prepared using Microsoft Word
(WORD) and other formats (i.e., PDF, etc.) that are compatible with the team's software applications.
This scope of work assumes that only final versions of documents will be printed, and draft versions
leading up to the final printed versions will be transmitted to the City and Applicant team as electronic
files via email and /or the PBS &J FTP site.
Below is a discussion of each task required for preparation of the EIR and attendance at the necessary
team and community meetings. Additionally, in some sections, optional tasks have been identified that
PBS &J has the qualifications to complete or coordinate on behalf of the City and /or the Applicant.
TASK t Participate in Project Startup Activities
Subtask 1 Attend Project Kick -Off Meeting
PBS &J will attend one project "kick -off' meeting with representatives from the City of Newport Beach
as well as representatives of the Applicant's team. The purpose of this meeting is to discuss
schedule /scope /budget and important assumptions for achieving the schedule; establish a
communication protocol between the City, Applicant and consultants; compile relevant background data
and reports; clearly define the proposed project for the purposes of the environmental analysis; begin to
compile a list of cumulative projects; and, identify all anticipated discretionary actions. Based on the
discussions and issues raised during the kick -off meeting, the PBS &J project management team will
refine the scope of work, schedule, and budget, if necessary.
List of Products
O Submit one (1) written request for additional information, if necessary
TASK 2 Prepare Initial Study /Notice of Preparation and Notice
of Completion and Attend Scoping Meeting and
Community Meeting
Subtask 2A Prepare Initial Study /Notice of Preparation and Notice
of Completion
PBS &J will prepare an Initial Study /Notice of Preparation (IS /NOP) and Notice of Completion (NOC)
for the proposed project that is consistent with the procedural and substantive provisions of Sections
15063 and 15082 and Appendices C, G, and 1 of the California Environmental Quality Act (CEQA)
Guidelines. (In recent past, an IS /NOP must now also be accompanied with an NOC, much like
distribution of a Draft EIR.) PBS &J will be responsible for printing the Final IS /NOP and NOC and
delivering copies to the City for distribution. It is assumed that the City will be responsible for
4 Proposal to Provide Environmental Consulting Services for the
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distributing the IS /NOP to responsible agencies, reviewing agencies and other interested parties (if any),
as well as processing the Final IS /NOP and NOC with the State Clearinghouse. The City or Applicant
would be responsible for any applicable filing fees, as well as noticing in applicable newspapers and /or
publications.
Subtask 2B Attend Scoping Meeting
In addition, PBS &J will attend a Scoping Meeting for the proposed project. It is assumed that the City of
Newport Beach would coordinate and facilitate the Scoping Meeting and that presentation materials
describing or illustrating the project will be provided by either the City or the Applicant. PBS &J would
take detailed notes regarding the issues raised by commenting individuals that should be addressed in the
Draft EIR. If additional participation by PBS &J is required, such as presenting the purpose of the
Scoping Meeting, providing an overview of the CEQA process, and answering questions raised by the
public regarding the CEQA process and /or general questions regarding technical analytic methods, those
services could be provided by PBS &J as well.
PBS &J will prepare a memorandum (or matrix) summarizing the key environmental issues of public
concern that were raised at the Scoping Meeting.
List of Products
❑ One (1) electronic copy of the Draft IS /NOP and Draft NOC
❑ Fifty (50) printed copies of the Final IS /NOP for City distribution (including 15 copies for the State
Clearinghouse)
❑ Two (2) printed copies of the Final NOC for City filing
❑ One (1) electronic copy of the Final IS /NOP and NOC on CD -ROM (in WORD and PDF formats)
❑ Attendance at one (1) EIR Scoping Meeting by PBS &J's Project Director and Project Manager
❑ One (1) electronic copy of a memorandum or matrix outlining the issues raised during the EIR
Scoping Meeting
TASK 3 Peer Review of Applicant- Prepared Technical Reports
Subtask 3A Peer Review of Applicant- Prepared Technical Reports
PBS &J staff scientists and /or specialists will review the technical studies prepared by the Applicant's
team to ensure adequacy for purposes of preparing the EIR. It is assumed that PBS &J would review two
versions of the technical studies, which will include at a minimum a geotechnical investigation report, a
Phase I /Phase II Environmental Site Assessment (ESA), and hydrology/'drainage/water quality reports.
PNS &J will also coordinate with the Applicant's subconsultants to ensure that all requested revisions are
fully understood.
Subtask 313 Peer Review of Project - Related Traffic Impact Analysis
As part of Task 4 below, PBS &J proposes to contract with Kitnley -Horn and Associates for preparation
of the Traffic Impact Analysis (TIA) for both the programmatic -level and project -level analysis of the
EIR. The City has requested PBS &J to have a peer review of the TIA conducted by Mr. Dan Smith. Mr.
Proposal to Provide Environmental Consulting Services for the
Conexont Redevelopment Project
• •
Smith's review of the TIA has been included as part of the overall schedule and budget for this project.
Mr. Smith would conduct one peer review of the TIA; additional rounds of review would be covered
under an amendment to the proposed scope and budget included herein. PBS &J would coordinate the
peer review results with the City,and the Applicant team, and incorporate recommendations of the peer
review (if any) into the EIR and traffic impact analysis, as appropriate.
TASK 4 Prepare Administrative Draft EIR I and II and Screencheck
Draft EIR
Subtask 4A Prepare Administrative Draft EIR I and II and
Screencheck Draft EIR
The objective of this task is to prepare a comprehensive, accurate, and objective program -level and
project -level EIR for the proposed project that fully complies with CEQA and the CEQA Guidelines (as
amended through subtr ttal of the Draft EIR) and all applicable guidance and procedures established by
the City of Newport Beach for the purpose of environmental review.
The main purpose of the Draft EIR will be to thoroughly and accurately analyze potential environmental
impacts of the CDP and the proposed Conexant Project. The document will be as free as possible of
jargon so That the information it contains is accessible to the City and the public. The methodology and
criteria used for determining the impacts of the project will be clearly and explicitly described in each
section of the EIR, including any assumptions, models, or modeling techniques used in the analysis.
The Draft EIR will include the following sections
• Contents
• Introduction
• Executive summary, including a comprehensive summary table of impacts and mitigation
measures, areas of controversy, issues to be resolved, and a summary discussion of the proposed
project and its alternatives
• Project Description, including project objectives, purpose and need, project location, project
characteristics, scope of project, project alternatives, and required approvals
• Introduction to the Analysis, including discussion of the CDP and associated analysis as well as
project - specific information related to the Conexant Project
• Environmental Analysis, programmatic discussion /analysis of the CDP and project -level
discussion /analysis of the Conexant Project
> Environmental Setting
> Regulatory Framework (applicable federal, State, local, plans, policies, and standards)
> Thresholds of Significance
> Project Environmental Impacts (short -term, long -term, direct, and indirect)
> Mitigation Measures (for potentially significant environmental issues)
> Level of Significance After Mitigation
> Cumulative Environmental Impacts (short -term, long -term, direct, and indirect)
• Alternatives
Proposal to Provide Environmental Consulting Services for the
Conexant Redevelopment Project
• Long -Term Implications (including growth - inducing impacts, a summary of project- related and
cumulative significant unavoidable impacts, and significant irreversible environmental changes or
commitments of resources)
• List of EIR Preparers
• References
• Technical Appendices
The scope of work for each of the environmental issue areas is further described below. The scope of
work highlights unique and /or important components of the environmental analysis. Also, the superset
of thresholds reflected by Appendix G of the CEQA Guidelines will be evaluated in the EIR, whether or
not each of those thresholds are specifically addressed in this scope of work. In order to ensure a
common understanding of the scope and content of the EIR, PBS &J will prepare a comprehensive list of
each of the thresholds that would be evaluated in the EIR, as well as every impact statement that would
be addressed to respond to each of the thresholds for review and approval by the project team prior to
beginning work on the EIR (some thresholds may contain more than one impact statement). Also, if a
CEQA threshold (or issue) can be adequately addressed in the IS /NOP, rather than a more detailed
analysis in the EIR, it is specifically identified in the following scope of work.
It is assumed that each of the technical reports provided by the Applicant will provide all of the
information necessary for a complete and adequate CEQA impact analysis, with the exception of certain
technical studies PBS &J proposes to prepare below (i.e., TIA). To provide a coordinated effort, PBS &J
has included a task previously described in this scope of work (Task 3: Peer Review of Applicant -
Prepared Technical Reports) to ensure that the technical reports provide the information necessary for
an adequate CEQA analysis.
Due to the sensitive nature of the proposed project, we anticipate two rounds of review of the
Adm nistrative Draft EIR (I and II) and one round of review of the Screencheck Draft EIR prior to
publication of the Draft EIR for public review. This has been reflected in the scope of work, schedule
and budget included as part of this proposal. This budget assumes that no substantial, additional
technical analysis needs to be completed between Administrative Draft I and Administrative Draft II or
Administrative Draft II and the Screencheck EIR.
References to the "proposed project' below include both the CDP and the Conexant Project.
Environmental analysis will be conducted at both the programmatic level for the CDP and at a project
level for the specific residential and retail project proposed by Conexant.
Aesthetics /Visual Quality
Aesthetics (defined as any element, or group of elements, that embodies a sense of beauty), views,
daytime glare, and nighttime illumination are related elements in the visual environment. Visual impacts
of a project include the provision of objective visual resources (such as project design elements) and the
subjective viewer response to those changes in the visual environment.
The proposed project would convert the existing industrial uses into a residential and retail development,
which would represent a change in the existing visual character of the project site. The EIR will provide a
Proposal to Provide Environmental Consulting Services for the 7
Conexant Redevelopment Project
description of views to and from the site, supplemented by photographs. Based on information received
at the February 25, 2009 meeting with the City and Applicant team, it is assumed that the project's
architect would provide full architectural drawings, visual simulations of the project site showing both
befoxe - project and after - project conditions, and shade /shadow diagrams (including two solstices and two
equinoxes at gam, noon, 3pm, and 6pm). PBS &J will analyze whether the proposed project would
substantially degrade the existing visual character or quality of the site and its surroundings due to
grading, height, bulk, massing, or architectural style or building materials; location in a visually prominent
area; degradation of the visual unity of the area; or degradation of views from roadways or adjacent uses.
Scenic vistas will be described and the project's impacts to scenic vistas will be analyzed. Existing sources
of light and glare will also be described. The EIR will analyze whether the proposed project would create
a new source of substantial light or glare that would adversely affect day or nighttime views in the area.
Substantial glare can be caused by reflective building materials, and substantial light can be caused by
lighting to illuminate signage or architectural features.
According to the California Department of Transportation (Caltrans), no State - designated scenic
highways are located within close proximity of the project site. The nearest highway which is eligible for
a State - scenic highway designation is State Route 1 located approximately 4.25 miles south of the project
site.
Based on information provided by the Applicant, the aesthetics section will also include a shade /shadow
analysis. This analysis will identify nearby or proposed shadow - sensitive uses, which are defined as land
uses where sunlight is important to function, physical comfort, or commerce, and will analyze potential
environmental impacts.
Agricultural Resources
The project site has not been utilized for agriculture purposes for decades, and is not currently
designated as prime farmland, farmland of statewide importance, unique farmland, or local importance,
and is not subject to a Williamson Act contract. It is expected that agricultural resources would be
"scoped out" in the IS /NOP for the proposed project.
Air Quality
The City of Newport Beach is located in the South Coast Air Basin and is within the jurisdiction of the
South Coast Air Quality Management District (SCAQMD). The air pollutants of greatest concern in the
South Coast Air Basin are ozone, NOx, CO, and PM,,,.
The EIR will provide an introductory discussion of the air pollutants of concern in the region,
summarize local and regional air quality, describe pertinent characteristics of the air basin, and provide an
overview of the physical conditions affecting pollutant buildup and dispersion in the City and /or basin.
The setting will also discuss the sources, types, and health effects of air pollutants.
Local carbon monoxide (CO) concentrations will be modeled at intersections to be selected in
coordination with the City of Newport Beach and the transportation consultant. Local CO impacts
associated with project traffic will be predicted using the CALINE -4 program and compliant with the
Proposal to Provide Environmental Consulting Services for the
Conexant Redevelopment Project
recommendations of the CALTRANS Carbon Monoxide Protocol (Revised December 1997). The
CALINE -4 computer dispersion model will be applied to the intersections most affected by project
traffic, and nearby proximity to sensitive receptors.
An analysis of localized concentrations of relevant criteria air pollutants (LSTs) during construction
activities would be conducted in compliance with the recommendations of the SCAQMD Final
Localized Significance Thresholds Methodology (2003).
Potential conflicts with or potential to obstruct implementatiott of the applicable air quality plan where it
may cause or contribute to emission of identified air pollutants in excess of levels stated in the plan or
where it may fail to implement a remedial or mitigation measure required under the plan will be analyzed.
Contribution of the proposed project to pollutant levels will be analyzed based on SCAQMD CEQA Air
Quality Handbook emission thresholds of significance to determine whether the project would violate a
State or federal air quality standard or contribute substantially to an existing or projected air quality
violation. The EIR will qualitatively evaluate the potential exposure of sensitive receptors to substantial
pollutant concentrations where the project may cause emissions of identified pollutants in excess of the
pounds per day or tons per quarter standards established by the SCAQMD.
The cumulative net increase of criteria pollutants for which the project region is in non - attainment will
be analyzed to determine if the project emissions, considered cumulatively, will increase the level of any
criteria pollutant above the existing ambient level. Our approach to analyzing the potential impacts on
Global Climate Change is discussed below.
Biological Resources
The project site has been fully disturbed as the result of previous industrial development activities and
consists primarily of hardscape areas. Currently, vegetation on the site consists primarily of ornamental
landscaping. Proposed development would enhance existing conditions and create new smaller open
spaces. Although it is thought that no native vegetation or sensitive species or habitats are located on-
site, a brief survey will be completed as part of the necessary analysis. PBS &J will review the California
Natural Diversity Data Base (CNDDB) information regarding sensitive species and habitats known to
occur in the region. Additional information sources consulted may include the California Department of
Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS) "white papers,"
scientific journal articles and current aerial photographs, as appropriate
Trees located on -site could be directly or indirectly affected by construction activities, however, it is
unlikely that they would provide suitable habitat for nesting migratory birds given the nature of the
existing development. To ensure that no impacts to migratory birds would occur, the environmental
document (in the IS /NOP and as reflected in the Mitigation Monitoring and Reporting Program) will
include a mitigation measure that requires a pre - construction survey to ensure that no nesting migratory
birds are present in the street trees to be removed. Due to the developed nature of the project site,
biological resources could be "scoped out" in the IS /NOP for the proposed project, however, due to the
sensitive nature of the project, PBS &J has proposed to include Biological Resources in the FIR.
Proposal to Provide Environmental Consulting Services for the 9
Conexant Redevelopment Project
Scope of Work
Cultural Resources
According to the City of Newport Beach General Plan Historical Resources Element, the site is currently
developed with industrial uses that are not locally recognized as historical resources. Further, the parcel is
not listed on any state or federal registers of historical places, resources, landmarks, or points of interest.
Nonetheless, because there is the potential to discover buried cultural resources (paleontological,
archaeological, or human remains) at this site, which is the same for nearly any site in southern
California, particularly if subsurface project elements are proposed (i.e., subterranean parking garage),
PBS &J will conduct a records check through, at a minimum, the South Central Coastal Information
Center at California State University, Fullerton to determine whether there are known subsurface
resources at the project site. Additionally, PBS &J will contact the University of California, Museum of
Paleontology and the American Museum of Natural History, Paleontology Division and the Native
American Heritage Commission (NAHC) to request a search of the sacred lands database to determine if
any previously- recorded Native American cultural resources are present on, or in the vicinity of, the
proposed project site. PBS &J cultural resources specialists will conduct a reconnaissance -level survey of
the area in order to obtain an overview of the cultural resource environment and confirm existing
physical resource descriptions.
As with biological resources, this issue could be "scoped out" in the IS /NOP, however, due to the
sensitive nature of the project, PBS &J has proposed to include Cultural Resources in the EIR.
IN Geology and Soils
Based on information received at the February 11, 2009 meeting with the City and Applicant team, it is
assumed that the project Applicant either has, or will have, a Geotechnical Investigation Report prepared
to assess the geologic and soils conditions at the project site. It is also assumed that the Geotechnical
Investigation Report would identify the measures necessary to ensure safe development at the project
site, which is a typical component of a geotechnical investigation. Therefore, it is assumed that the
geology and soils section of the EIR will substantially rely upon the Applicant's technical study for the
analysis of geological resources, and peer review /revisions as indicated in Subtask 3A. Geologic
conditions and site soils could affect the stability of the proposed structures. However, standard
construction techniques and compliance with City and State standards (including the Uniform Building
Code) are assumed to minimize such hazards to a less - than- significant level.
The EIR will review and summarize the geologic and soils data to develop a description of the site's
general geologic characteristics, with special emphasis on soil constraints, such as unstable soils or
expansive soils. The EIR will also report on the type and magnitude of seismic activity typical in this
portion of Orange County, including the location of the nearest earthquake fault, and determine whether
people or structures would be exposed to substantial adverse effects associated with fault rupture, strong
seismic ground shaking, seismic - related ground failure (including liquefaction), and landslides.
Often, PBS &J is able to "scope out" geology and soils in the IS /NOP because the standard construction
techniques and compliance with City and State standards minimize impacts to a less- than - significant
level. If we receive the geotechnical report during the early stages of the project, we could "scope out"
this issue in the IS /NOP, if appropriate. If the geotechnical report is received after publication of the
10 Proposal to Provide Environmental Consulting Services for the
Conexant Redevelopment Project
Scope of Work
IS /NOP, a full EIR section will be prepared (and this is assumed in the accompanying budget to be
conservative).
E Global Climate Change
PBS &J will prepare an inventory of the project's greenhouse gas (GHG) emissions associated with its
construction and operation. The inventory will include mobile sources (i.e., construction equipment and
off-site motor vehicular traffic), stationary sources (i.e., combustion of fuels on -site for space heating),
and indirect sources (i.e., emissions from the off -site generation of electricity proportionate to the
project's electricity demand). Mobile and on -site energy use GHG emissions will be estimated used the
URBEMIS 2007 software. Stationary emissions will be estimated using project - specific plans from the
Applicant and generally available process- dependent GHG emission rates. Indirect emissions will be
projected using residential emission data from the California Climate Action Registry (CCAR) General
Reporting Protocol.
The significance of project GHG emissions will be assessed and mitigation measures will be developed
with reference to the recommendations of the Governor's Office of Planning and Research (OPR)
CEQA and Climate Cbange, the California Air Pollution Control Officers Association's (CAPCOA) white
paper CEQA and Climate Change, the California Attorney General's Office California EnoironmentalQuality
Act Mitigations for Global Warming Impacts, the GHG control policies and programs of the California Air
Resources Board, and other relevant sources. A quantitative analysis of project design features that
would be expected to reduce the project's GHG emissions will be developed. The recently- issued
thresholds for Global Climate Change, set forth by the Office of Planning and Research, will be included
in the EIR.
Hazards and Hazardous Materials
Based on information received at the February 11, 2009 meeting with the City and Applicant team, it is
assumed that the Applicant has prepared a Phase I Environmental Site Assessment (ESA) and Phase lI
ESA for the project site that analyzes whether hazardous conditions exist at the project site and
surrounding area due in part to the industrial uses that currently occur on the project site (Jazz
Semiconductor manufacturing). It is assumed that the hazards and hazardous materials section of the
EIR will substantially rely upon the Phase I and Phase II ESAs. If the existing reports were prepared
over one year ago, PBS &J will run an Environmental Database Report (EDR) to obtain a more current
assessment of the potential hazards risks at the project site. As reflected in the budget, the EDR would
be obtained as an OPTIONAL TASK if needed.
The EIR will describe past uses of the project site and will consider the potential for encountering
previously- unidentified contamination or hazards related to past uses. If necessary, appropriate mitigation
would be identified, consistent with the recommendations included in the Phase I or Phase II ESA. The
EIR will also describe planned uses at the project site that could create hazards for existing or future
residents or occupants, such as those associated with the use, disposal, transportation, or potential upset
of hazardous materials, including those typically used for commercial and /or residential cleaning.
Federal, state, County, and City laws and regulations governing hazardous materials will be summarized.
Proposal to Provide Environmental Consulting Services for the l l
Conexant Redevelopment Project
Due to the nature of the proposed project (residential and commercial uses), it is not assumed that the
project would emit significant hazardous emissions or significantly handle acutely hazardous materials,
substances, or waste within one - quarter mile of an existing or proposed school. According to the Airport
Land Use Commission for Orange County, the project site is located within the Airport Planning Area
for John Wayne Airport, located approximately one mile north /northwest of the project site.
Compliance with height restrictions set forth by the Federal Aviation Administration Federal Aviation
Regulations Part 77, Caltrans Division of Aeronautics, and the Airport Environs Land Use Plan for]ohn
Wayne Airport would be required. Potential hazards unpacts to area schools and airports will be analyzed
in the EIR.
Based on information received at the February 25, 2009 meeting with the City and Applicant team, it is
assumed that the Applicant has prepared a Health Risk Assessment (HRA) for the project site that
analyzes the potential impacts of air toxics exposure. This analysis will be utilized and incorporated into
the EIR.
The EIR will also evaluate the extent to which the project could impair or physically interfere with an
adopted emergency response plan or emergency evacuation plan, or expose people or structures to a
significant risk of loss, injury, or death involving wildland fires, the latter of which is extremely unlikely.
O OPTIONAL TASK: Rum the EDR report, if existing Phase I report(s) are greater than 1 year old
M Hydrology and Water Quality
As with geotechnical and on -site hazards, it is assumed that the .Applicant has, or will have, completed a
hydrology /drainage /water quality investigation for the project site. Any studies that the Applicant
provides will be utilized in the preparation of the Hydrology /Water Quality section. However, if such
studies have not been prepared by the Apphcanr, PBS &J is qualified to conduct the appropriate studies
required to accurately analyze hydrology, drainage and water quality issues at the project site. These
studies are not included in this scope of work and would be conducted under a separate scope and
budget.
Existing hydrologic conditions will be analyzed in the EIR, including the extent and nature of the existing
watershed, groundwater recharge and supply, drainage conditions, and water quality. Surface water
resources will be described for the project area. Existing and planned drainage and flood control facilities
will also be described. The 100- and 500 -year floodplains within the project vicinity will be mapped, and
any exposure of structures to the 100 -year floodplain will be evaluated. However, as defined by the
Federal Environmental Management Agency, the project site is not located in a designated flood hazard
area. Additionally, according to the Safety Element of the City's General Plan, the project site is not
located within a 100 -year or 500 -year flood zone for tsunami inundation. This information would be
included as part of the EIR analysis for the proposed project.
The potential increase in the rate of runoff as a result of developing the proposed project will be
described and compared to pre - development conditions. The EIR will analyze whether the proposed
project would adversely alter the existing drainage pattern of the site, such that flooding, erosion, or
other degraded water quality conditions would occur. As would be expected, impacts related to erosion
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are not considered likely, particularly assuming compliance with the requirements of the National
Pollutant Discharge Elimination System ( NPDES) program during construction activities.
A description of existing water quality conditions will be compiled based on existing studies or inquiries
to local agencies. The environmental analysis will address potential changes in surface water and
groundwater quality as a result of site development. PBS &J will discuss the applicability of relevant water
quality regulations to reduce potential effects. These requirements would include, but would not be
limited to, the Santa Ana Regional Water Quality Control Board NPDES permit requirements for
construction and operational activities and the Clean Water Act Section 363(d) fist of impaired
waterbodies. In addition, either this section and /or the utilities and service systems section would
determine whether the project would result in a rate of flow that exceeds any downstream storm drain
facility's capacity, or result in runoff that exceeds the pre - developed condition.
According to the Irvine Ranch Water District (IRWD), if a Water Supply Assessment (WSA) is required
for the proposed project, IRWD would be responsible for preparing the WSA. PBS &J would incorporate
the results of the WSA into the Hydrology & Water Quality section of the EIR.
Land Use and Planning
The Land Use and Planning section of the EIR will describe the consistency of the proposed land uses
with relevant planning documents, such as the Land Use Element for the Airport Area included in the
City of Newport Beach General Plan Update, the Newport Beach Zoning Code and the Southern
California Association of Governments Regional Comprehensive Plan. Based on Figure LU -22, Airport
Area of the City's General Plan, the project site is designated as Mixed Use - Horizontal 2 (MU -H2),
which provides for the horizontal intermixing of regional commercial office, multi- family residential,
vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses.
According to the City of Newport Beach Zoning Map, the project site is zoned as Light Industrial and
Office. It is understood that, in addition to approval of the CDP, the project Applicant has requested
approval of a Specific Plan for development of the residential and retail uses on the Conexant property.
Potential impacts of the Specific Plan will be analyzed in the EIR.
The EIR will describe existing land uses, intensities, and patterns in the vicinity of the project site and the
compatibility of the proposed project with development in the immediately- surrounding area and within
the cities of Newport Beach and Irvine, as appropriate. The EIR will evaluate any potential conflicts
between the proposed development and surrounding uses. These conflicts could include a use that would
create a nuisance for adjacent properties or result in incompatibility with surrounding land uses, such as
differences in the physical scale of development, noise levels, traffic levels, or hours of operation. The
EIR will evaluate the extent to which adopted City development standards or proposed design standards
would eliminate or minimize potential conflicts between the proposed project and adjacent uses. It is
assumed that a fiscal impact analysis would be prepared by the Applicant if the Applicant's counsel
believes that market competition and /or any other economic factors could result in direct or indirect
environmental impacts.
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Mineral Resources
It is expected that mineral resources would be "scoped out" in the IS /NOP for the proposed project.
Within the City of Newport Beach's Sphere of Influence, mineral extraction activities occur in the
Newport Oil Field which lies under the Pacific Ocean, and the West Newport Oil Field which is located
in the Banning Ranch Area. Neither mineral site is located in close proximity to the project site. The
project site has never been utilized for mineral extraction, and it is not anticipated that mineral resources
exist at the project site.
Noise
The noise analysis will address the impacts of the project on background noise levels and the
population's exposure to physically or psychologically damaging noise levels. The noise analysis will be
based upon approximations of noise levels and associated changes in the ambient noise level that are
likely to occur based on implementation of the proposed project.
The environmental setting discussion will brie Ely summarize the nature of sound and vibration and will
introduce acoustical terms that relate to the subsequent analysis. It will also describe the existing noise
(and vibration) environment in the vicinity of the project site. This description will include noise (and
vibration) sources, such as motor vehicle traffic, as well as the identification of potentially vulnerable
existing noise- and vibration - sensitive land uses, such as residential uses. To facilitate this description,
existing ambient daytime noise levels will be measured at selected locations (to be determined in
coordination with the City) within and around the proposed project site to establish current baseline
noise levels. These locations will be identified on a map. The daytime noise levels would be measured
using a Larson -Davis Model 814 precision sound level meter, which satisfies the American National
Standards Institute (ANSI) for general environmental noise measurement instrumentation. The noise
monitoring program will be consistent with the requirements of Sections 10.26.055 of the Newport
Beach Municipal Code.
Noise would be characterized in the following terms:
• L,, the equivalent energy noise level, is the average acoustic energy content of noise for a stated
period of time; for evaluating community impacts, this rating scale does not vary, regardless of
whether the noise occurs during the day or the night
• L.., the minimum instantaneous noise level experienced during a given period of time
• Lm.„ the maximum instantaneous noise level experienced during a given period of time
Existing 24 -hour noise levels will be calculated for various roadway segments in the project vicinity using
the Federal Highway Administration Highway Noise Prediction Model (FHWA -RD -77 -108) and current
traffic counts from the TIA being prepared by Kinley -Horn and Associates for the proposed project.
The model would calculate the average noise level at specific locations based on traffic volumes, average
speeds, roadway geometry, and site environmental conditions. Vehicle nose energy rates in the FWHA
model will be modified to incorporate rates utilized by Caltrans, which better represent vehicle noise
levels in California. It should also be noted, the project site is located within the John Wayne Airport
Planning Area, and would be subject to noise standards set forth in the Airport Environs Land Use Plan
for the John Wayne Airport.
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Scope of Work
After the existing and with- project noise and vibration environment is described, relevant State and local
noise standards and guidelines will be identified and noise and vibration impacts will be determined.
Mitigation will be incorporated as necessary in the EIR.
Population, Housing, and Employment
The proposed project would alter the population, employment, and housing characteristics for the area
through an increase in residential units and would decrease employment opportunities and daytime
population (compared to existing uses) through the reduction of existing industrial uses. The potential
population increase associated with the proposed project will be estimated using the number and type of
dwelling units proposed and the employment generation (and associated population growth, if any) will
be estimated using the proposed acreages and assumed floor area ratios (FAR) for proposed uses.
The EIR will evaluate the project's consistency with any housing affordability requirements. The EIR will
summarize the employment and housing characteristics of the City and region based on existing
documentation and will be utilized to determine potential project impacts. Applicable General Plan
policies regarding population, housing (including affordable housing), and employment opportunities will
be described and analyzed in the EIR.
Public Services
To determine whether adequate public services could be provided to serve the project site, PBS &J will
contact the Newport Beach Police and Fire Departments to request current information on existing and
planned service levels, staffing levels, and response times. Using factors developed in consultation with
these agencies and City staff, the demand for police and fire services will be quantified and compared to
existing and planned service levels. The EIR will also describe existing and projected school enrollment
for the Santa Ana Unified School District with a focus on local feeder schools. The EIR will discuss State
school fee requirements and their relationship to CEQA and mitigating impacts on schools.
PBS &J will also contact the City for information on existing and planned capacity of the library system.
Based on input from the City, project demand will be evaluated in the EIR, along with the need for
additional facilities.
Recreation
The City of Newport Beach's Park Dedication Fees Ordinance requires developers of new residential
subdivisions to provide parklands at five acres per 1,000 persons or contribute in -lieu fees for the
development of public recreation facilities in order to meet demands generated by the development's
resident population. These standards are consistent with the Quimby Act, which allows a legislative body
of a city or county to require the dedication of land or impose a requirement for payment of in -lieu fees,
or a combination of both, for park or recreational purposes as a condition to the approval of residential
development The proposed development would include open space areas which could satisfy City
requirements. The EIR will update the list of existing and planned park facilities in the area, and
determine the demand for parkland generated by the change in permanent or daytime population as a
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result of implementing the project using methodology approved by the City. The City's parklands
requirements would be included as a mitigation measure in the EIR.
Transportation /Traffic
Transportation and Circulation is likely to be one of the major issues to be addressed in the EIR. The
PBS &J team includes Kimley -Horn and Associates, Inc. (KHA) for preparation of the traffic impact
analysis (traffic study). The scope of the traffic study is intended to meet the City of Newport Beach
requirements for analysis of traffic impacts associated with this project. KHA will meet, as necessary,
with City staff to discuss the project, the proposed method of analysis, and other relevant considerations.
At such time, KHA will verify the study approach and any additional specific study requirements prior to
any data collection. KIIA will discuss potential traffic issues with the City's personnel to identify any
additional concerns and recommendations. Additionally, KHA will provide the following services:
• Participate in a project kick -off meeting with the EIR team (including City staff).
• Obtain information from the project team regarding the existing and proposed site uses,
including land use and quantity of existing development; and size, quantity, and layout of the
proposed development plan(s).
• Conduct a site visit of the project area, and document existing roadway conditions on the
roadways surrounding the project site.
• Meet with City of Irvine representatives to introduce the project, and to discuss traffic study
issues and requirements of the City of Irvine. All subsequent tasks in this preliminary scope
reflect KHA's assumptions of the study elements that will be needed to address Irvine
issues. If different or additional requirements are imposed after meeting with the City of
Irvine, appropriate adjustments to the scope, schedule and fee will be made accordingly by
KHA.
• Develop project trip generation estimates for the proposed project, using the Institute of
Transportation Engineers (ITE) Tap Generation publication (8" Edition). Trip generation
estimates will include the appropriate trip credit for existing site uses that will be removed.
• Develop trip distribution assumptions for the project traffic, based on likely origins and
destination of project patrons and employees. Input from the project Applicant will be
solicited for this task. Project traffic will be distributed through the study intersections, and
the project traffic contribution to each intersection will be identified.
• 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 TPO Committed Project information, including project trip generation and
distribution, from the City. Where necessary, develop trip distribution and assignment
assumptions for each Committed Project through the study intersections.
• Obtain Cumulative Project information from the City of Newport Beach and the City of
Irvine. Develop trip distribution and assignment assumptions for each Cumulative Project
through the study intersections.
o Compile Committed and Cumulative Project traffic volumes through all study intersections.
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• Conduct a preliminary analysis to determine the extent of the traffic study area, based on the
City of Newport Beach TPO 1% analysis and applicable environmental impact criteria. The
following remaining tasks will apply only to the study intersections that meet the 1% criteria.
• For budgeting purposes, it is assumed the study intersections will include up to 15 TPO
primary intersections, 5 non - primary intersections in the City of Newport Beach, and 16
additional intersections in the City of Irvine. KHA and City of Newport Beach staff will
work with City of Irvine staff to confirm the study intersections in the City of Irvine prior to
proceeding with the analysis.
• Peak hour traffic data for the primary intersections will be provided by the City of Newport
Beach. It is assumed that KHA will collect morning and evening peak hour traffic data at the
remaining study intersections, including the intersections in the City of Irvine.
• Intersection analysis of Newport Beach intersections will be conducted using the
Intersection Capacity Utilization (ICU) methodology, consistent with the City of Newport
Beach TPO requirements. Analysis of the City of Irvine intersections will be conducted
using the Irvine analysis methodology. For intersections that are Caltrans intersections
(intersections on a State highway), the intersection analysis will also be conducted using the
Highway Capacity Manual (HCIvI) methodology as required by the Caltrans Guide for the
Preparation of Traffic Impact Studies.
• Obtain information for the City of Newport Beach and the City of Irvine regarding any
committed intersection improvements planned to be completed within one year after project
opening.
o Summarize operating conditions ar the study intersections for the following scenarios:
a. Existing Conditions
b. Existing Plus Project
c. One Year after Opening —TPO Analysis:
i. Existing Plus Growth Plus Committed Projects
n. Existing Plus Growth Plus Committed Projects Plus Project
d. One Year after Opening — CEQA Analysis:
Cumulative Conditions
6. Cumulative Conditions Plus Project
• Identify project impacts, and any mitigation measures, if necessary. If mitigation is required,
a conceptual drawing of the recommended improvement will be provided. For budgeting
purposes, it is assumed that record drawings of any study intersection will be available from
the City, and that a mitigation concept plan will be prepared for up to four study
intersections. This task will also include preliminary cost estimates and project contribution
percentages for each of the mitigated intersections.
• Evaluate the proposed parking supply to determine whether it will meet the City of Newport
Beach parking requirements. KHA will provide recommendations based on shared parking
synergies for the mixed -use components of the site.
o Provide recommendations on measures to reduce the occurrence of non - project traffic
cutting though the development.
o Prepare traffic signal warrant analysis at the unsignalized study intersections using the 2003
MUTCD method for projected daily traffic or peak hour traffic volumes.
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• Prepare a draft traffic impact study report (4 copies — 3 bound, one unbound, and one PDF
file) documenting all data, analyses, results, and conclusions to be submitted to the City of
Newport Beach.
• Respond to comments on the draft traffic study to the extent that no new data collection
and /or analyses are required. A total of up to eight hours is assumed. Responses requiring a
greater amount of time, or requiring additional data collection and /or analyses will be
completed for an additional fee to be negotiated prior to conducting data collection and /or
analyses.
• Prepare a final traffic study repair (4 copies — 3 bound, one unbound, and one PDF file)
incorporating responses to comments made on the draft traffic impact study report.
• KHA will participate in up to five (5) project meetings with the project team, city staff, or
any others as directed by the EIR Project Director or Project Manager.
• KHA will participate in one (1) scoping meeting and up to four (4) public hearings (2 with
the Planning Commission and 2 with the City Council).
The following additional services can be provided by KHA, as necessary, under a separate scope and
budget:
• Parking management plans
• Traffic signal design
• Signing and striping plans
• Additional data collection
• Analysis of development alternatives
The results of the traffic study will be incorporated into the Transportation /Traffic section of the EIR.
Utilities and Service Systems
The EIR will evaluate the ability of all utilities to serve the proposed project. The ETR will describe the
IRWD's water entitlements and treatment plant capacity and conveyance system in the project vicinity.
Existing groundwater resources and wells will be identified. A Water Supply Assessment (WSA) is
required for any development in excess of 500 residential units or commercial development of 100,000
square feet or more. A (WSA) would be prepared for the proposed project, if not individually than
collectively with the other project(s) part of the CDP. As previously mentioned, the Irvine Ranch Water
District (IRWD) will prepare the WSA (and will not require the services of PBS &J). However, the WSA
must be requested by the City of Newport Beach.
The EIR will evaluate the need for water treatment and conveyance infrastructure improvements to serve
the proposed project. The EIR will describe the existing and planned capacity of the regional wastewater
treatment plants, and the location of existing and planned sewage collection system. The average
wastewater flow from proposed residential and commercial uses will be estimated using factors provided
by the Orange County Sanitation District (OCSD), and compared to existing and planned treatment
capacity.
The City collects most of the residential solid waste generated in the City of Newport Beach, with a small
amount handled by private contractors. Private contractors, however, collect commercial solid waste.
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Construction debris, including debris generated by demolition activities, is often transported by
demolition contractors to privately owned and operated facilities that specialize in debris recycling and
provide for landfilling of materials that cannot be recycled. The EIR will provide a description of existing
and future landfill capacity at the landfills that accept waste from the City of Newport Beach and
describe any regulations associated with State - mandated waste reduction requirements. The amount of
solid waste that could be generated by the proposed project will be quantified based on factors developed
in consultation with the City. Projected solid waste will be compared to existing and future landfill
capacity to determine whether the changes in land use would substantially shorten the life of the landfill
or necessitate expansion of the landfill.
PBS &J will contact the Newport Beach Utilities Department, IRWD, Southern California Edison and the
Southern California Gas Company for information concerning existing and planned energy infrastructure
and sources that could serve the project site. This information will be summarized in the EIR. Based on
factors provided by the service providers, the EIR will quantify estimated energy use for the proposed
project. This demand will be discussed with the service providers to determine whether there is ample
supply. The EIR will briefly and qualitatively discuss the likely sources of supply and the potential
impacts of such energy sources. The EIR will identify on -site and off -site infrastructure needed to
provide electricity or gas to the project site. The analysis of energy, natural gas and solid waste with
regard to potential impacts to Global Climate Change will also be included in the EIR (as described
above).
List of Products
❑ One (1) electronic copy of a list of thresholds and impact statements that would be used in the Draft
EIR
❑ One (1) electronic copy of Administrative Draft EIR I
❑ One (1) electronic copy of Administrative Draft EIR II
❑ Six (6) printed copies of the Screencheck Draft EIR
❑ Attendance at up to three (3) meetings to discuss changes to the Administrative Draft EIR with the
City and Applicant, as necessary
TASK 5 Prepare Public Review Draft EIR and Notice of
Completion and Attend Public Hearing on the Draft
EIR
Subtask 5A Prepare Public Review Draft EIR and Notice of
Completion
PBS &J will prepare a Draft EIR for public review that incorporates all of the comments on the
Administrative Draft EIR (1 and II) and Screencheck Draft EIR. The Draft EIR will be comb - bound,
using heavy stock paper for the cover, rather than plastic or Iaminate. PBS &J will provide the City with
seventy-five (75) total printed copies and one (1) CD copy of the Draft EIR (in WORD and PDF
formats). It is assumed that the City will distribute the Draft EIR to the State Clearinghouse (15 copies),
as well as to persons and agencies on the City s mailing list. It is assumed that PBS &J would be
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responsible for preparation of the Notice of Completion, while the City or Applicant would be
responsible for any applicable filing fees. Lastly, it is assumed that the City would be responsible for
posting the Notice of Completion and providing the Draft EIR at the appropriate locations within the
City. The City or Applicant would also be responsible for noticing in applicable newspapers and /or
publications.
List of Products
❑ Seventy-five (75) printed copies of the Draft EIR for City distribution (including 15 copies for the
State Clearinghouse)
❑ One (1) electronic copy of the Draft EIR and NOC on CD (in WORD and PDF formats)
❑ Two (2) printed copies of the NOC for City filing
Subtask 5B Attend Public Hearing on the Draft EIR
PBS &J will attend one Draft EIR Public Hearing for the proposed project. It is assumed that the City of
Newport Beach would coordinate and facilitate the Public Hearing and that presentation materials
describing or illustrating the project will be provided by the City or the Applicant. PBS &J would take
detailed notes regarding the issues raised by commenting individuals that should be addressed in the
Final EIR. If additional participation by PBS &J is required, such as providing an overview of the CEQA
process and answering questions raised by the public regarding the CEQA process and /or general
questions regarding technical analytic methods, those services could be provided as well. PBS &J will also
prepare a memorandum or matrix summarizing the key environmental issues of public concern that were
raised.
List of Products
❑ Attendance at one (1) Draft EIR Public Hearing by PBS &J's Project Director and Project Manager
❑ One (1) electronic copy of a memorandum or matrix outlining issues raised during the EIR Public
Hearing
TASK 6 Develop Final EIR Work Plan and Prepare
Administrative Final EIR and Mitigation Monitoring and
Reporting Program
Subtask 6A Develop Final EIR Work Plan
It is assumed that the City will compile and transmit all written comments on the Draft FIR throughout
the public review period as one unified set of comments following the close of the public review period.
PBS &J will confer with the Applicant and the City to review written comments on the Draft EIR,
including comments from public meetings and hearings, to develop a general strategy for preparation of
responses. To the maximum extent feasible, topical responses will be provided for broad issue areas if
there is extensive public comment. PBS &J will consult with the project team to review and revise, if
necessary, the project schedule that was developed and reviewed as part of Task 1 based upon the
number of comment letters received. In addition, a matrix will be prepared that will identify each
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comment, whether the response is anticipated to be individual or topical, and the team members
responsible for preparing the response.
List of Products
❑ One (1) electronic copy of a matrix identifying comments, environmental issue areas addressed by
each comment, and work assignments, including dates of completion
❑ Attendance at one (1) strategy meeting by the Project Director and Project Manager to discuss
responses to comments on the Draft EIR
Subtasks 613 Prepare Administrative Final OR (Response to Comments
and Text Revisions) and Mitigation Monitoring and
Reporting Program (MMRP)
The Response to Comments volume of the Final EIR will include all comments received, responses to
those comments, and standard introductory material. The Mitigation Monitoring and Reporting Program
(MMRP) would be provided separately, but prepared concurrently with the Final EIR. All comments will
be numbered (to indicate comment letter and comment number), and the responses to those comments
will be similarly numbered to allow easy correlation. In addition, where the text of the Draft EIR must be
revised, the text will be isolated as "text changes" in the Response to Comments volume, indicating
deleted text by strikeout and inserted text by double- underline. The text of the Draft EIR will not be
revised. The Final EIR will collectively consist of the Draft EIR, the Response to Comments document,
and the technical appendices.
It is assumed that the Final EIR would be provided at least 10 days prior to consideration for
certification by the City to any commenting public agency and any member of the public who has
requested the document. Further, the MMRP will be designed to ensure compliance with all adopted
mitigation measures during project implementation. The IvIMRP will be in table format and will specify
project - specific mitigation measures, as well as standard conditions of approval that are applicable to the
project, if requested by the City. Mitigation timing and responsible parties will also be identified. The
objective of the MMRP is to ensure compliance with Public Resources Code Section 21081.6, as
mandated by Assembly Bill 3180 (Cortese 1988), which requires that a lead agency adopt an MMRP at
the time an EIR is certified.
An estimated budget has been prepared for the responses to comments effort; however, the actual scope
and extent of public comments cannot be definitively determined at this time. Therefore, for purposes of
this proposal, it is assumed that the responses to comments effort would not exceed the amount
indicated in the budget (200 comments). After all of the comments have been received, PBS &J, the
Applicant, and City staff will determine whether- the existing budget is adequate or whether additional
monies would be needed, which could be provided on a fixed fee or time- and - materials basis.
List of Products
❑ One (1) electronic copy of a memorandum indicating the adequacy of the estimated budget for the
responses to comments work effort (if required)
❑ One (1) electronic copy of the Administrative Final EIR (Response to Comments) and MMRP
A
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❑ Attendance at one (1) meeting by the Project Director and Project Manager to discuss changes to the
Administrative Final EIR
TASK 7 Prepare Final EIR for Public Review, Attend Hearing,
and File Notice of Determination
Subtask 7A Prepare Final EIR for Public Review
PBS &J will prepare a Final EIR and MMRP that incorporates all of the comments on the Administrative
Final EIR and MMRP. The Final EIR will be comb- bound, using heavy stock paper for the cover, rather
than plastic or laminate. PBS &J will provide the City with forty (40) printed copies and one (1) CD copy
of the Final EIR and MMRP (in WORD and PDF format). It is assumed that the City will distribute the
Final EIR to commenting agencies, which includes appropriate persons or agencies on the City's mailing
list.
List of Products
❑ Forty (40) printed copies of the Final EIR and MMRP for City distribution
❑ One (1) electronic copy of the Final EIR and MNIRP on CD (in WORD and PDF formats)
Subtask 713 Attend Hearing and Prepare Notice of Determination
PBS &J will attend the Hearing during which time certification of the Final EIR would be considered. It
is assumed that the City of Newport Beach would coordinate and facilitate the Hearing and that
presentation materials describing or illustrating the project will be provided by the City or the Applicant.
PBS &J would be available to answer questions raised concerning the CEQA process and /or technical
questions regarding the analysis contained in the EIR. PBS &J will also provide the City with two (2)
printed copies of the Notice of Determination. It is assumed that the City would file the Notice of
Determination with the County Clerk if the Final EIR is certified. It is assumed that the City or
Applicant would be responsible for any applicable filing fees and noticing in newspapers or publications,
as required.
It is assumed that the City would be responsible for preparation of certification documents, including
written Findings of Fact and a Statement of Overriding Considerations, as required by Sections 15091
and 15093 of CEQA, respectively. In addition, it is assumed that the City would prepare City Resolutions
that serve to adopt the Findings of Fact and Statement of Overriding Considerations.
List of Products
❑ Two (2) printed copies of the NOD for City filing
❑ One (1) electronic copy of the NOD on CD (in WORD and PDF formats)
❑ Attendance at one (1) Hearing by PBS &J's Project Director and Project Manager
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Subtask 7C Attend Two Additional Public Hearings or Meetings
At the request of the City, in addition to the three public meetings and hearings identified in Subtasks 2B,
513, and 7B, PBS &J will attend up to two (2) additional public meetings or hearings. This could include
attendance at a meeting /hearing with the Planning Comuission, City Council, or the Airport Land Use
Commission. It is assumed that the City of Newport Beach would coordinate and facilitate this meeting
or hearing and that presentation materials describing or illustrating the project will be provided by the
Cit}• or the Applicant. PBS &J would be available to answer questions raised concerning the CEQA
process and /or technical questions regarding the analysis contained in the EIR.
List of Products
❑ Attendance at two (2) additional Public Hearings or Meetings by PBS &J's Project Director and
Project Manager
TASK S Attend Project Meetings
Subtask 8A Attend Project Meetings
PBS &J will attend a maximum of twenty five (25) meetings during preparation of the EIR, which
assumes approximately two to three meetings per month (primarily the bi- weekly team meetings) over 36
weeks. Project team meetings (at most 5) associated with the Administrative Draft EIR (I and 1I), Draft
EIR, and Administrative Final EIR are included in this total. Likewise, one (1) meeting to be held with
the City of Irvine is included in this task. The Scoping Meeting public hearing(s) are included in their
specific casks. Other meetings may be attended on a time- and - materials basis with an amendment to the
proposed scope of work and budget, with prior authorization by the City of Newport Beach.
List of Products
❑ Attendance at up to twenty five (25) project meetings by the PBS &J Project Director and Project
Manager.
TASK 9 Project Management and General Coordination
Subtask 9A Project Management and General Coordination
The purpose of this task is to manage the PBS &J project team, manage the EIR preparation effort, and
maintain constant, close communication between the City, the Applicant if appropriate (once the
protocol for team communication is established), and the EIR team. This task is also intended to ensure
that the project will be completed on time and within budget, and that all work products are of the
highest quality. PBS &J will coordinate the team's work for the communication of issues, transmittal of
comments, financial management, and other project management matters.
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Schedule
Schedule
As per the City and Applicant's request, PBS &J proposes the following schedule to complete a Final FIR
within 36 weeks of the kick -off meeting (as required by Section 15108 of the CEQA Guidelines).
Target dates:
1. City/Applicant Kickoff Meeting ...................................... ............................... ...........................Week 1
2. Receipt of Applicant- Prepared Technical Studies ......................... ............................End of Week 2
3. Submittal of Draft IS/ NOP ............................................. ............................... ...........................Week 5
4.
Receipt of Comments on Draft IS /NOP ...................... ...............................
...........................Week 6
5.
Publication of IS/ NOP ..................................................... ...............................
...........................Week 8
6.
30 -Dap IS /NOP Public Review Period_. .... ........ ...... .......................................
Week 8 — Week 12
7.
Attend Scoping Meeting and Community Meeting .....................
During IS /NOP Public Review
8.
Receipt of Traffic Study ........ ............................... ------ ... ........... ..
... ... ....................................... Week 12
9.
Receipt of Peer Review of Traffic Study ...................... ...............................
...........................Week 14
10.
Submittal of Administrative Draft EIR I ...................... ...............................
...........................Week 18
11.
Receipt of Comments on Administrative Draft EIR I ..............................
...........................Week 20
12.
Submittal of Administrative Draft EIR 1I .................... ...............................
...........................Week 22
13.
Receipt of Comments on Administrative Draft EIR II ............................
...........................Week 23
14.
Submittal of Screencheck Draft EIR ............................ ...............................
...........................Week 24
15.
Publication of Draft EIR ................................................ ...............................
...........................Week 25
16.
45 -Day Draft EIR Public Review Period ................. . . . . .. ........ ...........................Week
25 — Week 31
17.
Attend Public Hearing on Draft EIR .................. .........................During
Draft EIR Public Review
18.
Submittal of Administrative Final EIR/ MMRP .......... ...............................
...........................Week 33
19.
Receipt of Comments on Administrative Final EIR /MMRP
.................. ...........................Week 35
20.
Publication of Final EIR/ MMRP .................................. ...............................
...........................Week 36
21.
Attend Planning Commission & City Council Hearings ....... ...........................Week
37 — Week 40
22.
Attend Project Meetings ............................................................................
............................... Ongoing
23.
Project Management and General Coordination ...................................
............................... Ongoing
The overall schedule for completion of the EIR will specifically depend on several factors, some of
which are outside of PBS &J's control. In particular, the availability of City staff to review the revised
project description, agree on the scope of the document, review the technical studies, and review the
draft environmental document will be key factors. The schedule includes the following specific
assumptions:
24 Proposal to Provide Environmental Consulting Services for the
Conexant Redevelopment Project
0 •
Budget
• Receipt of complete and accurate project data within two weeks of the project kick -off meeting
• Stable project description throughout the EIR process
• Receipt of complete and accurate technical reports within the schedule identified above
Budget
The budget submitted to the City is based on this scope of work; however, the scope of work must be
confirmed with City staff, and the precise time and effort required for preparation of the EIR depends
on a number of variables, some of which are outside of PBS &J's control. For example, the length of time
the City and Applicant staff takes to complete their review can reduce or extend the project timeline.
Similarly, changing the project description or introducing new issues mid- project can also affect time and
cost. While we are confident we can maintain a cost - effective approach with the project, the budget
includes several assumptions:
• The project description is firm and unchanged during the review process
• The EIR will require three review drafts (two administrative drafts and one screencheck draft)
before publication in order to account for the sensitive nature of this project
Within these assumptions, PBS &J has prepared a cost estimate that is competitive, yet accurately
reflective of the level of effort required to complete the scope of services requested by the City based on
our understanding of the project wirh the information made available to date. In addition, the proposed
budget is based on the assignment of senior individuals to the project. PBS &J does not believe it is in the
client's interest to submit an unrealistically low cost proposal, which is made possible by either reducing
the scope of work or by assuming that budget augments will be made available at a later date. That said,
we are flexible and willing to discuss ways to reduce our preliminary= cost proposal, if necessary. For your
convenience, we have provided a detailed cost proposal, identifying labor costs by task, by person, and
by hour, and we having also included our standard fee schedule.
Factors that would increase the scope of work and estimated costs outlined in this proposal include, but
are not necessarily limited to, any of the following:
• Attendance at additional meetings
• Printing of additional copies of reports
• Analysis of additional issues above those discussed in this proposal, or a more detailed level of
analysis than described in this proposal
• Changes in the project requiring re- analysis or rewriting of report sections
• Collection of additional data
• Excessive comments on the Draft EIR (beyond the number budgeted)
Proposal to Provide Environmental Consulting Services for the 25
Conexant Redevelopment Project
Budget
Our cost proposal is valid for 60 days from the date of this proposal and is based on all team members'
standard hourly rates. Our budget is included as Attachment B to this proposal and our billing rate sheet
is included as Attachment C to this proposal.
Best Regards,
Ruta K. Thomas, REA
CEQA /NEPA Group Manager /Senior Project Manager
Attachment A: Resumes
Attachment B: Budget
Attachment C: Billing Rate Sheet
26 Proposal to Provide Environmental Consulting Services lot the
Conexant Redevelopment Project
0
Attachment A: Resumes
E
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Ruta K. Thomas, REA
CEQAINEPA Group Manager
PBS &J
Education
Ruta K. Thomas, R.E.A., is the Los Angeles Office CEQA/NEPA Group
M.A., Environmental Science,
Manager, as well as a Senior Project Manager responsible for managing the
Brown University, 1995
preparation and coordination of highly complex, controversial and visible
B.A., Biology/Economics, Lehigh
environmental documents for rural and urban development projects throughout
University, 1993
California. She has over ten years of experience managing a diversified mix of
projects, many of which have been highly contentious and controversial such as
Certifications
the Los Angeles Unified School District ( LAUSD) Central Los Angeles Area
Registered Environmental Assessor,
Learning Center No. 1 (Ambassador) EIR, the New South Coast County Golf
California (07389), 1999
Course EIR in the City of Rolling Hills Estates and the Salida Community Plan
Update ERR and related documents for Stanislaus County. She is adept in the
Professional Affiliations
preparation of CEQA/NEPA documentation, site suitability studies, risk
Association of Environmental
assessments and development of constraints analyses. As an REA, Ruts has been
Professionals
determined by the State of California to have the academic training, occupational
Environmental Assessment
experience, and professional reputation necessary for registration as an
Association
environmental assessor qualified to objectively conduct one or more aspects of
environmental assessment and site cleanup activities. She is currently managing
PBS&J's master contract with LAUSD which has included over twenty
environmental documentation projects and technical studies throughout Los
Angeles County over the past. She is also managing preparation and facilitation
of the Salida Community Plan Update (SCPU) documents, which include: the
ERR, Water Supply Assessment, Municipal Services Review, SCPU review,
SCPU design guidelines review and several related technical documents.
EIRs/ EISs
Long Beach General Plan Land Use and Mobility Elements Update
Environmental Impact Report, City of Long Beach, California. Currently
managing preparation of an ERR for the City of Long Beach. The City of Long
Beach is currently updating its Land Use and Mobility Elements of the General
Plan. The updated Land Use Element would guide the pattern of future land uses
in the City up to 2025, and the Mobility Element would address transportation
issues involving the movement of people, goods, and vehicles through the City
during this time frame. PBS &J will be preparing a Program Environmental
Impact Report (EIR) for the City in regards to these updates. Issues that will be
addressed in this Program EIR include aesthetics, air quality, biological
resources, cultural resources, geology and soils, hazards and hazardous
materials, hydrology and water quality, land use and planning, noise, population
and housing, public services and utilities, and transportation and circulation. In
particular, concerns of the City in regards to these proposed updates include the
increase in housing density along the City's major commercial corridors,
potential future encroachment on existing wetlands, lack of current open park
space, and overcrowding of existing schools.
Bear Creek South Master Development Plan Environmental Impact Report,
City of Stockton, California. Currently managing the preparation of the Bear
Creek South Master Development Plan ERR on behalf of Pardee Homes for the
City of Stockton. This project involves a master development plan and
development agreement with the City of Stockton for five parcels, totaling
approximately 510 acres with up to 2,941 residential units. As part of the
proposed project, the project site, which is currently located in unincorporated
San Joaquin County, would be annexed to the City of Stockton and rezoned for
residential use. The City's General Plan would be amended to reflect the new
s
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Ruta K. Thomas, REA
CEQAINEPA Group Manager
zoning and land use designations of the project site. Implementation of the
proposed project would also include a Precise Road Plan Amendment and West
Lane Precise Road Plan. Existing on -site uses primarily include agricultural
production, specifically cultivated alfalfa, tomato and strawberry fields that are
lined with irrigation channels. Additionally, several easements and right-of-ways
traverse the proposed project site. Development would include one- and two -
story structures with a variety of architecture and dwelling unit types and sizes.
The developers of the proposed project would construct all required utility
infrastructure on -site necessary to serve the future uses. Key issues are
agriculture, biological resources, noise and traffic.
Salida Community Plan Update and Related Specific Plan Updates
Environmental Impact Report, Stanislaus County, California. Currently
managing the preparation of an Environmental Impact Report (EIR) for the
Salida Community Plan Update (SCPU) and related documents for Stanislaus
County. As part of this effort, PBW is responsible for the following:
• Facilitation of the following documents to be prepared by the County:
• Salida Community Plan Update
• Salida Community Plan Update Design Guidelines
• Preparation of the following documents:
• Environmental Impact Report (EIR)
• Urban Water Management Plan (UWMP) & SB 610 Water Supply
Assessment (WSA)
• Salida Municipal Services Analysis (MSA)
• Aquatic Resources Technical Study
The River Ranch Specific Plan (RRSP) and West Salida Specific Plan (WSSP)
areas are a part of the overall SCPU area. Proposed development within the
SCPU area was considered the Proposed Project in the EIR. The project
description will explain why the SCPU was being reconsidered in a new EIR.
PBS &J will describe the location and the characteristics of the proposed site of
each of the three projects, assumptions for development, and the project's
relationship to applicable planning documents, including Stanislaus County
LAFCO policies and County General Plan policies. Actions required by the
County and other agencies to implement the Proposed Project will be listed. The
level of environmental review (program level or project level) of each project
will be discussed.
The proposed project site consists of approximately 1,062 acres of land lying
east of SR 99 and south of the Stanislaus River. The three proposed projects
would develop the project site with industrial parks, commercial centers,
residential neighborhoods (including medium density residential for affordable
housing), parks, open spaces, and sites for a fire station and schools. The number
of residential units to be constructed on the project site was yet to be finalized.
The EIR will identify the project objectives for each project, describe plans for
providing roads, utilities and public services to the project site, and include an
anticipated schedule for implementation of the proposed projects.
New South Coast County Golf Course Environmental Impact Report,
Rolling Hills Estates, California. Managed the preparation of an Environmental
Impact Report for the New South Coast County Golf Course located in the City
of Rolling Hills Estates. The project site is located on the former Palos Verdes
Landfill. The I8 -hole golf course would be designed with United States Golf
• •
Ruta K. Thomas, REA
CEQA/NEPA Group Manager
Association (standard or modified) putting greens, and an automatic, computer -
controlled irrigation system. The following facilities were also planned for
development: a golf pro shop, coffee shop /snack bar, office and storage space,
electric golf cart storage building, practice putting and driving areas,
maintenance building, service yard, employee parking area, and interior and
exterior storage areas. A public parking lot for club patrons were also to be
constructed in conformance with all applicable requirements. The golf course
design and development scope of work will minimize the County of Los Angeles
Sanitation Districts' potential cost to bury and/or replace ground pipes used to
collect and control landfill gas. A major issue for the community was the safety
of area residents and a nearby elementary school as a result of disturbing a
former Superfund site.
Costco Commercial Complex Environmental Impact Report, San Dimas,
California. Managed the preparation of an Environmental Impact Report for the
construction of a Costco in the City of San Dimas. The proposed development
project is within Specific Plan Area No. 24 in the City of San Dimas and
consisted of a retail complex on 22.8 acres of land located west of the SCRRA
right -of -way. This proposed development project included the following:
148,000 -square -foot Costco warehouse/retail facility with a tire center and a
gasoline service station; 3,500- square -foot drive -thru fast -food restaurant; 7,000 -
square- foot "quality" restaurant; two retail shops (8,000 square feet each)
totaling 16,000 square feet; and, two major retail shops (15,000 and 30,000
square feet) totaling 45,000 square feet. A major issue for the community was
the exacerbation of traffic congestion with the addition of a big box retail center.
Additional projects include:
• San Ysidro Border Expansion EISIEIR, City of San Ysidro
• Hasley Canyon Road Single - Family Residential Development and Golf
Course EIR, Los Angeles County
• Las Lomas Multi- Family Residential Development EIR, Los Angeles
County
• Maryland Intercounty Connector Expansion EIS, Montgomery and Prince
Georges Counties, MD
• Proposed Federal Correctional Institute EIS, Gilmer County, WV
• General Services Administration (GSA) Proposed Personnel Management
Office Facilities EiSs throughout Northeast United States, GSA
• New Jersey Turnpike Interchange I Relocation EIS, Salem County, NJ
Educational Facilities
South Region Elementary School No. 6 Environmental Impact Report, Los
Angeles Unified School District, California. Currently managing the
preparation of an Environmental Impact Report (EIR) for the construction of a
new elementary school in the south central region of Los Angeles. The District is
proposing to build a new elementary school on a 5.4 -acre site in the City of Los
Angeles. The site is currently occupied by single- and multi- family residences,
commercial businesses and parking lots. The new elementary school would serve
grade levels Kindergarten through five and would include 950 two- semester
seats and 38 classrooms. It is scheduled to open in the Fall of 2010. Unique
issues for this project are Air Quality, Hazards & Hazardous Materials, Noise,
Pedestrian Safely, and Transportation & Traffic. In addition, some of the
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Ruta K. Thomas, REA
CEQA/NEPA Group Manager
structures on the proposed project site are 50 years or older, which could result
in potentially significant environmental impacts to Historic (Cultural) Resources
and Aesthetics.
Valley Region Elementary School No. 12 Environmental Impact Report,
Los Angeles Unified School District, California. Managed the preparation of a
controversial Environmental Impact Report (EIR) for the construction of a new
elementary school in the valley region of Los Angeles. The District is proposing
to build a new elementary school on a site that is located partially in the
community of North Hills in the City of Los Angeles. This site is part of the
existing Sepulveda Middle School campus. The Proposed Project involves
development of approximately 49,400 square feet of building space, including
26 classrooms, physical education facilities, library /media center, multi- purpose
room, food services area with lunch shelter, and associated support and
administrative facilities. The proposed campus would also include playfields,
which would be separate from the existing middle school's playfields.
Approximately 60 subterranean parking spaces would be provided for faculty
and staff of the elementary school. The Proposed Project would provide 650
two - semester seats for students in grades Kindergarten through five and require
approximately 60 full -ti me and part-time faculty and staff. The new elementary
school is scheduled to open in the Fall of 2010, and would provide relief from
overcrowding at Gridley and Vaughn Elementary Schools. Unique issues for this
project were potential air quality, noise and traffic impacts, especially related to
pedestrian safety and exacerbated congestion.
Valley Region Elementary School No. 8 Environmental Impact Report, Los
Angeles Unified School District, California. Managed the preparation of an
Environmental Impact Report (EIR) for the construction of a new elementary
school in the valley region of Los Angeles. The District is proposing to build a
new elementary school on a site that is located partially in the City of San
Fernando and partially in the City of Los Angeles. This site was occupied by a
church, three single - family residences and a vacant grass lot. It is located in a
suburban area that consists of mixed land uses (commercial, light industrial,
residential, etc.) The new elementary school would include 55,000 square feet
of program space with 29 classrooms and 725 two - semester seats for grades
Kindergarten through 5. The new elementary school is scheduled to open in the
Fall of 2010, and would provide relief from overcrowding at Gridley and
Vaughn Elementary Schools. Unique issues for this project were potential air
quality, geology and traffic impacts, especially related to pedestrian safety.
Additionally, potential issues related to demolishing an historic resource were
analyzed.
Valley Region High School No. 5 Environmental Impact Report, Los
Angeles Unified School District, California. Managed the preparation of a
controversial Environmental impact Report (EIR) for the construction of a new
high school in the valley region of Los Angeles. The District is proposing to
build a new high school at 585 Glenoaks Boulevard in the City of San Fernando,
California. This site is located near the intersections of Glenoaks Boulevard and
Arroyo Avenue and is currently occupied by the Valley Swap Meet. The new
high school would be located on a 16.5 -acre site and would include 200,000
square feet of program space, with 80 classrooms and 2,160 two - semester seats.
The proposed project would include four small learning centers and a 1,500 -seat
football stadium. The Proposed Project would require approximately 180 full -
time and part-time faculty and staff. An approximately 200 -space parking
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Ruta K. Thomas, REA
CEQAINEPA Group Manager
structure would be provided for faculty and staff. The proposed high school is
scheduled to open in the the Fall of 2008. Special issues were potential traffic
and circulation, noise and air quality impacts.
Central Los Angeles Area New Learning Center No. I (Ambassador Hotel)
Environmental Impact Report, Los Angeles, California. Managed the
preparation of a highly contentious Environmental Impact Report for
construction of a new learning center at the old historic Ambassador Hotel site.
The Los Angeles Unified School District proposes construction of the new
learning center to relieve overcrowding at Belmont Senior High School, Berendo
Middle School, Virgil Middle School, and Hoover Elementary School. The
proposed project includes demolition of the former Ambassador Hotel complex
and several adjacent residences and commercial establishments to allow for the
construction of a learning center consisting of a high school, middle school and
elementary school. The new facility would serve approximately 4,371 students
in grades K- 11 The former Ambassador Hotel was the site of Robert F.
Kennedy's assassination, and therefore, its preservation was highly sought by the
LA Conservancy. The new learning center is currently under construction.
Additional projects include:
• Central Region Elementary School No. 13 EIR, LAUSD
• Central Region Elementary School No. 15 MND, LAUSD
• South Los Angeles Area New High School No. 3 EIR, LAUSD
• South Los Angeles Area New High School No. 3 Subsequent EIR, LAUSD
• Central Los Angeles Area New High School No. 10 EIR, LAUSD
• Central Los Angeles Area New High School No. 9 EIR, LAUSD
• East Valley Area New High School No. 1 A (Anthony Office Building)
MND, LAUSD
• Noble New Elementary School No. I MND, LAUSD
• Monroe New Elementary School No. 2 MIND, LAUSD
• Mountain View Continuation High School Relocation MND, Santa Ana
Unified School District (SAUSD)
• Davis Elementary School Expansion MND, SAUSD
• Banning High School Sports Fields Improvements Traffic and Noise Impact
Analyses, LAUSD
• East Valley Area New High School No. 1 A (Anthony Office Building)
Traffic Study Peer Review, LAUSD
• Facilitation of Rail Safety Studies, Electromagnetic Field Surveys, Dam
Inundation Assessments and Health Risk Assessments for LAUSD
Transportation
Southern California Association of Governments Regional Transportation
Plan Program Environmental Impact Report, California. Responsible for the
aesthetics and hazardous materials sections for the Southern California
Association of Governments (SCAG) Regional Transportation Plan (RTP)
Program EIR. The 2001 RTP EIR addressed projected transportation planning
for a minimum 20 -year planning horizon across six counties (Los Angeles,
Orange, Ventura, San Bernardino, Riverside, and Imperial Counties) in the
SCAG area. The aesthetics section covered the visual quality of the SCAG
region and the hazardous materials section covered hazardous material issues
related to airports, railways, mass transit and highway infrastructures.
•
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Ruta K. Thomas, REA
CEQAINEPA Group Manager
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Mitigated Negative Declarations
• South Bay Pavilion Expansion and Renovation MND, City of Carson
• Central Juvenile Hall MND, City of Los Angeles
• Huntington Park Municipal Courthouse MND, City of Huntington Park
• Challenger Memorial Youth Center MND, City of Lancaster
• City of Livermore Zone 3 Water System Improvements MND, City of
Livermore
Phase I Environmental Site Assessments
• Adventure County Park Phase I Environmental Site Assessment, City of
Whittier
• Subway Terminal Building Phase I Environmental Site Assessment, City of
Los Angeles
• The Grove Apartments Phase I Environmental Site Assessment, City of
Ontario
• Drum Workshop, Inc. Phase I Environmental Site Assessment, City of
Oxnard
• Cuyapaipe Band of Mission Indians Phase I Environmental Site Assessment,
City of Alpine
• Kristin Investments, Inc. Expansion Phase I Environmental Site Assessment,
City of Fontana
• Phase 1 Environmental Site Assessments, Walgreen's Company
• Phase 1 Environmental Site Assessments, McDonald's Corporation
• Phase I Environmental Site Assessments, Extended Stay America, Inc.
• Phase 1 Environmental Site Assessments, Kaufman & Broad Multi- Housing
Group, Inc.
• Phase I Environmental Site Assessments, Evergreen Devco. Inc.
• Phase I Environmental Site Assessments, CSK Auto, Inc.
• Phase I Environmental Site Assessments, Union Bank of California
• Phase I Environmental Site Assessments, Bank of America
Permitting
• Federal Correctional Institution, Environmental Compliance Manual, City of
Taft
• Meadows Regulator No. I Heater Installation Permitting and Water Quality
Certification, City of Ridgefield, NJ.
Natural Resources
Perrier /Arrowhead Water Bottling Plant Technical Studies and Constraints
Study, Perrier/Arrowhead, Inc.
Driscoll Bridge Wetland Mitigation Study, Middlesex County, NJ.
Route 20 Improvement Project Natural Resources Technical Report, Jo
Daviess and Stephenson Counties, IL
Presentations
Thomas, Ruta, "Understanding the California Environmental Process ", presentation
at the AEP CEQA Basics Workshop 2007 and 2008
Carrie Garlett
Project Manager, CEQA
PBS &J
Education
M.C.P., Master of City Planning,
Georgia Institute of
Technology — Atlanta, 2001
B.S., Civil Engineering, University
of Michigan - Ann Arbor,
1998
Professional Affiliations
Association of Environmental
Professionals, American
Planning Association
Certifications
Engineer in Training (EIT), 1998
Is
Ms. Garleit has 10 years of professional experience in engineering,
environmental analysis and permitting, planning, and residential and commercial
development management. She has managed and coordinated a variety of
projects ranging from small commercial and residential developments to highly
complex, large -scale master - planned developments. As a project manager and
forward planner, Ms. Garlett has worked for a variety of public- and private -
sector clients and is well versed in the preparation and processing of CEQA
documentation and environmental permitting.
Ms. Garlett's PBS&J project experience includes:
CEQA
Santa Monica 16u' Street Surgery and Oncology Center EIR, City of Santa
Monica, California. Currently managing preparation of the Santa Monica 16"
Street Surgery and Oncology Center Project Final EIR on behalf of the City of
Santa Monica. The project includes the construction of a three -story, 45,000
square foot outpatient surgery and oncology center within the Hospital Area
Specific Plan area of the City of Santa Monica. Project attributes also include a
three -level subterranean parking garage (251 spaces), a landscaped plaza with a
glass - enclosed atrium featuring a site - specific art installation.
Agoura Hills General Plan Update EIR, City of Agoura Hills, California.
Currently managing preparation of an EIR for the City of Agoura Hills. The City
of Agoura Hills is currently updating the Land Use and Circulation Elements of
the General Plan. The updated Land Use Element would guide the pattern of
future land uses in the City up to 2025, and the Circulation Element would
address transportation issues involving the movement of people, goods, and
vehicles through the City during this time frame. PBS&J will be preparing an
Environmental Impact Report (EIR) for the City in regards to these updates.
Issues that will be addressed in this EIR include aesthetics, air quality, hydrology
and water quality, land use and planning, noise, population and housing, public
services and utilities, and transportation and circulation.
Pomona Valley Hospital Medical Center EIR, City of Pomona, California.
Contributed to the preparation of the environmental analysis for the Pomona
Valley Hospital Medical Center (' PVHMC), a regional medical facility, centrally
located in the City of Pomona, that provides emergency, in- patient hospital, and
out - patient services. The PVHMC is working to develop a master plan for the
modernization and expansion of its core campus, in part to become compliant
with SB 1953. The PVHMC Specific Plan is intended to guide development of
the medical center through the year 2030. Under the Specific Plan, the PVHMC
core campus would be expanded to approximately 475 hospital beds and
approximately 1,012,314 sf of combined new and existing facilities.
Infrastructure improvements to support the new facilities are also proposed,
along with certain off -site traffic control and minor sewer and storm drain
improvements. Two public streets would be closed where they traverse the
medical center campus and the public right -of -way would be vacated. The
medical center's core campus surface parking lots would be reconfigured to
improve internal circulation and maximize parking. Additional new landscaping,
enhanced signage, and related improvements would be included in the overall
development. Implementation of the Specific Plan will take place in three phases
between 2009 and 2030. Fairly detailed plans exist for Phase I of the Specific
Carrie Garlett
Project Manager, CEQA
0 0
Plan project, expected to start construction in 2004, allowing for the evaluation
of Phase 1 environmental effects at a project - specific level. Plans for Phases 2
and 3 are still in conceptual stages. Accordingly, this EIR will evaluate these
latter phases at a programmatic level.
John Adams Middle School, Replacement of Classrooms E, F and G, New
Administration Building, and Modernization and Improvement Project,
Santa Monica - Malibu Unified School District, Santa Monica, California.
Managing preparation of an Initial Study and Focused EIR for the rehabilitation
and modernization of the ?ohn Adams Middle School Campus on behalf of the
Santa Monica — Malibu Unified School District. In 2006, voters in Santa Monica
and Malibu passed Measure BB, a $268 million school construction and
renovation bond, for the SMMUSD. The project includes use of a portion of
these funds for the development of new classrooms supporting a three grade
level house system, improved administrative spaces and exterior commons
upgrades, and collectively making transformative improvements to the existing
school campus. The project also proposes to transform the front entrance to the
school to provide enhanced presence, greater convenience, and increased
security along 16th Street. One of the important objectives of the proposed
project is the reinforcement of the campus into three grade level academic
houses, each with their own distinct identities and courtyard spaces. The goal is
to encourage social interaction and provides for outdoor instructional spaces for
each grade level. The Focused EIR will include discussion of Cultural
Resources, and potentially the Air Quality and Noise impacts of the proposed
project.
Lincoln Middle School Replacement of Building C, Modernization and Site
Improvements Project, Santa Monica — Malibu Unwed School District,
Santa Monica, California.
Managing preparation of an Initial Study and Mitigated Negative Declaration for
the rehabilitation and modernization of the Lincoln Middle School Campus on
behalf of the Santa Monica — Malibu Unified School District. In 2006, voters in
Santa Monica and Malibu passed Measure BB, a $268 million school
construction and renovation bond, for the SMMUSD. The project includes use of
a portion of these funds for replacement of the existing Classroom Building "C"
with state of the art classrooms and learning facilities. Additional improvements
will include an upgrade of the existing athletic field (replacement lights, artificial
turf, and new all- weather track surface) and replacement of the one -story
Building "C" with a new two-story Building "C" . The new two-story Building
"C" will house a new library on the first floor and six classrooms, two science
labs, and shared common learning spaces on the second floor. In the existing
building, two computer labs and the existing library would be converted into
four new classrooms and two new science labs. Additional parking will be
constructed across the campus.
Prior to joining PBS&J, Ms. Garletl's experience included:
Corbin and Nordhoff Master Environmental Impact Report, City of Los
Angeles (Northridge), California. Managed preparation of the environmental
analysis on behalf of the City of Los Angeles for redevelopment of the
superbock located at the northeast corner of Corbin and Plummer in Northridge,
California. As a contiguous 35 -acre parcel previously used for industrial
purposes, development opportunities included a mix of retail, residential, and
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Carrie Garlett
Project Manager, CEQA
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office uses. The Master EIR was prepared for four development scenarios
including: primarily retail (340,000 SF retail, 424 senior units), primarily office
(930,000 SF office, 414 senior units), retail /residential (250,000 SF retail, 300
condo units, 424 senior units), office /residential (690,000 SF office, 300 condo
units, 424 senior units). Although not under the project applicant's control, an 8-
acre Add Area parcel to the immediate north of the project site was also included
in the environmental analysis. This Add Area project area added the following to
the development scenarios for the project site: only retail (200,000 SF), only
office (586,000 SF), a retail/residential mix (150,000 SF retail, 100 condo units),
and an officelresidential mix (435,000 SF, 100 condo units). Subsequent, tiered
Initial Studies were prepared for a Lowe's Home Improvement Store, a senior
living facility, and a residential village including approximately 800 condo units
and associated retail uses. Managed processing of related entitlements for the
identified development.
Clearman's Village Project, Southwest Corner of Rosemead Bouelvard and
Huntington Drive Environmental Impact Report, County of Los Angeles,
California. Managed preparation of the environmental analysis on behalf of Los
Angeles County for the redevelopment of property at the confluence of Los
Angeles County, and the Cities of Temple City, Arcadia, and Pasadena. The
project included demolition of the existing Clearman's Village and the on -site
relocation of a locally - designated cultural landmark (The Galley Restaurant) to
develop an approximately 98,500 square foot Kohl's department store. The
Northwoods Inn restaurant would remain in place on the site. The project also
involved a new access scheme, additional parking, and installation of additional
traffic signals to provide appropriate site circulation.
Westfield Fashion Square Expanded Initial Study, City of Los Angeles,
California. Managed preparation of the environmental analysis, expanded initial
Study, and Mitigated Negative Declaration on behalf of the City of Los Angeles.
The project site is the existing Westfield Fashion Square mall in the Sherman
Oaks neighborhood of the City of Los Angeles. The project included expansion
of the mall to develop approximately 108,000 square feet of an existing
entitlement and approximately 172,000 square feet of new entitlement, for a total
of approximately 280,000 square feet. Managed entitlements required to allow
the proposed development including Zone Change, Conditional Use Permit for
construction of a Major Development Project, Conditional Use Permit for
Commercial Corner, Zone Variance to deviate from the 45 -foot height
restrictions of Commercial Corner, Conditional Use Permit for the on -site sale
and consumption of a full line of alcoholic beverages (CUB), and a request for
Shared Parking.
Wilshire Skyline, Expanded Initial Study, City of Los Angeles. Managed
preparation of the environmental analysis and Mitigated Negative Declaration on
behalf of the City of Los Angeles. The project included a fifteen -story building
plus one level subterranean parking for the proposed residential, retail, and
restaurant uses. More specifically, the first floor would include approximately
11,600 square feet of retail uses (including 2,500 square feet of restaurant use)
and associated parking; the second floor would consist of approximately 18,000
square feet of retail uses and associated parking; floors three through six would
be utilized for parking; floors seven through fifteen would include 128
multifamily residential apartment units.
t
Carrie Garlett
Project Manager, CEGA
Cascades Ranch Expanded Initial Study, City of Los Angeles, California.
Managed preparation of the environmental analysis and Mitigated Negative
Declaration on behalf of the City of Los Angeles. Project included a Zone
Change and General Plan Amendment for the development of approximately
550 condominium units and approximately 230 apartment units, relocation of an
existing golf course, and redevelopment of the existing golf course club house.
Managed processing of related entitlements, grading permits, and building
permits for the identified development.
Revision to Cascades Ranch Expanded Initial Study, City of Los Angeles,
California. Mar aged preparation of the environmental analysis and Mitigated
Negative Declaration on behalf of the City of Los Angeles. Prepared new
environmental analysis to include additional areas within the Zone Change and
General Plan Amendment. Development proposed under this ZC /GPA was
increased to approximately 634 condominium units and approximately 230
apartment units, relocation of an existing golf course, and redevelopment of the
existing golf course club house. Managed processing of related entitlements,
grading permits, and building permits for the identified development.
13503 San Fernando Road, Expanded Initial Study, City of Los Angeles,
California. Managed entitlements and preparation of the environmental analysis
and Mitigated Negative Declaration on behalf of the City of Los Angeles. The
project included sale of surplus DWP property and discretionary actions (Zone
Change, General Plan Amendment, Parcel map, and CUP). The parcel map
would separate the surplus property from the remaining DWP ownership and
create three parcels to be developed, totaling approximately 34 acres. Phase I
development analyzed included a 1,150 parking space park- and -ride facility for
the Los Angeles World Airports, a 9.1 -acre family amusement facility, and an
approximately 247,500 square foot industrial space. Phase U development
included full build out of the 34 acres with approximately 600,000 square feet of
industrial uses.
Professional Affiliations
Association of Environmental Professionals, Board Member (President, Vice
President of Programs, Vice President of Membership)
Previous Work History
Fairfield Residential, Marina del Rey CA; Development Manager; 2007 — 2008
Planning Associates, Inc., Studio City CA; Planner/Project Manager; 2001 -2007
Georgia Army National Guard; Atlanta GA; 1999 — 2001
City of Ann Arbor, MI, Ann Arbor MI, 1997
Washtenaw County Road Commission, Ann Arbor Ml, 1998
Hubbell, Roth and Clark, Consulting Engineers, Bloomfield Hills Ml, 1995 -1996
Military Experience
Civilian employee with the Georgia Army National Guard, 1999 -2001
i Lit .
Carrie Garlett
Project Manager, CEQA
Number of years with other firms:
10
Attachment B
Proposed Budget for the Integrated Conceptual Development Plan EIR Analysis (To Be Incorporated Into the Project - Specific FIRS)
REVISED April 27, 2009
TASK
HOURS
COST
S d
`a
a
ii
y p
u
c U
rn rte-
w
c
3a`
o
a
o
C0Q
LD
0
n
o°
ti
g
�
TOTAL
P4nclpvllxMi�a1 Group
Prohs4mvl i Mmwger
Pro1M
Mam ae
Senior
r4aw9er
Fnvvprvnmta
Pkmwr ll
SeNOr
A4minkaallve
p4minulrolive
AssktaN
G�aP�ia
.00�— ;x180.00
x148.00
146.00
$95.00
$13a00
80.00
5100.00
PROGRAM-LEVEL ENVIRONMENTAL REPORT
#.o
)A Attend Pr act Klck-Off Meetin 1
THIS TASK FOR THE PROGRAM -LEVEL ANALYSIS IS COVERED UNDER THE PROJECT-SPECIFIC EIR BUDGETS
2A' Prepcasl5(IiOP and Nonce ofCempletion and Attend $coping Meeting
"
2A Pre arelS /NOPond Notice Df Com letion
THESE (ASKS FOR THE PROGRAM -LEVEL ANALYSIS ARE COVERED UNDER THE PROJECT-SPECIFIC EIR BUDGETS
2B Attend Sc 'n Meetin (:
30 . - 'tie4tiaY Pficait- RepcmdTebudac4 rls
3A Peer Review of A GCant -Pre area Technical Reoorls
THESE TASKS FOR THE PROGRAM -LEVEL ANALYSIS ARE COVERED UNDER THE PROJECT-SPECIFIC EIR BUDGETS
38 One Round of Poor Review of Pro E Related TIA (Dan Smlih)
.0 ".' eJi1TILstraWe - .EtR.l andR nntl3creeadrecf(DlaIt EIR
$4.1A65
4A Prepare AtlministrorNe Draft@QI
2 8
20
2
6
6 1
M
S6, 170
Introduction
1
_
1
$95
Executive Summa
_ _
4
4
$380
IMroducton to 1116 Anolyps
1
1
S95
AestheficsMsuol Quality
16
76
$1,520.
Alr9uoliN . _.__
.._.
....._
2 _
18
�
20
$2.000
Biological Resources
2
14
_
16
51,620
Cultural Resources'
2 _
14
_
_
16
SI,620
GeWOgy antl SPils
_
2
14
16
S7b20
Global Climate Charge
16
16
$1.520
Ha9ards and Hpiardow Materials
Hydrology and Wafer9uallly
Land Use antl PlannlnA "-
- " —� —
2
8�
16
14
16
Ib
8
S 1520
$1,620 _
$1_160
$2.000
Nolse -_
- - -_ -
2
18
20
_
Population, Employment, and Hawing T
2
14
_
-. ,a
16
S1,620
Public Se Ices
14
_
14
$1,330
Recreation_ _-
-
16
16
$1.520
_
TranspodatIon /Traffic
_
IB
_
18
$1,710
51,330
Utilities and Service Systems
14
_ 14
ABernafives
- - --
18
_
18
S1,71-0-
5570
$190
Long -Term Implications _ -.F-
EIR Preparers /References
_. ...—
__-
_..
6
2
_._
_
b
2
Prepare Administrative Drag EIR 11
� � -_.. ..__6
70
1
20
1
4
2_r
45
S5A70
Pte are Saeencheck Draft EIR
1 d
6
10
1
2
24
1 $3p75
hepo(a TYASGC Review Dtati EIR and Notice of Completion and Aftend
6-0 1,;1 11a Had r an the DraI1.HR
5A Prepare Public Review DWI EIR and Notice of Completion
50 Attend PUbllc Hearin on the Draft EIR
2 4 1 2 14 L S 1 A70
THISTASK FOR THE PROGRAM41VEL ANALYSIS IS COVERED UNDER THE PROJECTSPECIHI EIR BUDGETS
DeV PF1 E1RWOrk PoOrtard Prepare Adminishahve Final EIR antl
6A MRI on MarIIT011 antl RWAIng PFogram (MMRP)
$7,530
6A Develop Final EIR Work Man
I
1
59
145
$7,385
68 H re Adminislratwe Final EIR and MMRP'-
1 8
12
8
1 22
1 1
6 1
0
w
Attachment B
Proposed Budget for the Integrated Conceptual Development Plan EIR Analysis (To Be Incorporated Info the Project - Specific EIRs)
REVISED April 27, 2009
TASK
HOURS
COST
a m
Principal Tethnlcor Gmup
Prthim ,wl N'to 0,
d
0
o. 9
O
tI
G
`o
t
E
V
6
a
p
z
n
9
TOTAL
Pnfle.
Menage,
sonar
Manage,
BMronmpntal
H4mwr11
$eNN
"WrIvgaMVe
Adnin ilNXVe
Asaislm4
Graphics
$245.00 $180.00
$1,15.00
$145.00
$95.00
1, WJ10
$80.00
$100.00
7A Preliiva ;Rill! EIR for Public Review, AUend Healing, and File Notice of
6'66insk6lab
$4.340
7A Prepare Final EIR for Public Review
4 8
6
12
1 4 1 35 1 54.340
78 Attend Hearing and Prepare Notice of Determination
_
THESE TASKS FOR THE PROGRAM -LEVEL ANALYSIS ARE COVERED UNDER THE PROJECT-SPECIFIC EIR BUDGETS
7C Attend Two Additional Public Hearings or Meetln s
6.0 Attend Project moctirm.
BA Attend Project Meetings (25)- Includes one (1) meeting wnh the City
of Irvine
THIS TASK FOR THE PROGRAPA -LEVEL ANALYSIS IS COVERED UNDER THE PROJECT-SPECIFIC EIR BUDGETS
9.0 Proleci Ma amen and Gerrard Coordination
$6885
9A Project Monapementond General Coordination
1 16
n 1
1
6
45
S6.885
Told Hours
6 48
83
37
324
6
24 I 9 537
TOTAL EIR LABOR
$1470 58.640 1
$12.035 1
$5,365 1
$30.780 1
5780 I
$1,920 I M0 $61.890
$61890
Iss imated EIR Direct Costs /Expenses
DIRECT COSTS /EXPENSES'MLL BE COVERED UNDER THE PROJECT-SPECIFIC BUDGETS
Rapmtcuction
MilaagefTravel (ESTIMATED)
6e1Hery(POSi0 a (ESTIMATED)
PhatOSlGTa 111a (far fl res for me EIR
Esthnded Subconsuilant Cosh /Expenses
10mley -Horn and Associates (KFW- Tierra Impact Analysis' -'
$72.500
CNDDS 81ologlod Database Records Check
Scum Central Coastal Information Center Cultural Resources Records Check THESE SUBCONSULTANT COSTS /EXPENSES WILL BE COVERED UNDER THE PROJECISPECIFIC BUDGETS
EDR Hazards Records Check (OPTIONAL TAW
Subtotal Su)xonsultenb
_
tn2!m,Z Fee 15of subconeulforms)
A
V
OTSUBCOULTANTCO5T5 XPENSES
OTALEIR BUDGET -"'
$1
-Upon CVSaN ravkw. Ma Rodwell SIR does not appear to pravitle Information regartlbg pravlous cultural resource mco,ds sec"es. Record ngly. the Cultural Resources will Include conducrisg o records check.
" As pmMis Cttys direction• me cost for preparing the Administrative Final EIR Is based on rece ,g no mare than 200 commands (not comment letters) on the Draft EIR. Response to atldlilonal comment will be covered underan
amendment to me scope of work and budget contained h this propose, ft necessary.
* " The total budget for preparation of the CDP Traffic Impact Analyst assumes preparation of the CDP EIR in conjunction wish the two project- speclfic EIRs. If 0 It decided that only the CDP EIR is to be prepared for the Kdl-Conexant s4..
Me cast of the stasnd -alarm CDP Tr.Hic Impact Analysis would be S95.900.
"" The total budget far preparation of me owgiammatiNe ml analyst of the CDP assumes pfepaialion of Ine CDP EIR In conuncton with me two pro)ects eci8c EIRs. If it Is Bedded that only the CDP EIR Is to be prepared tot me Kon-
Conexad she, the budget provided above would not apply and a revised budget wil be submitted for Me stand -done CDP EIR.
•
Attachment B
Proposed Budget for the Conexant Project EIR
REVISED April 27, 2009
TASK
REPORT PROJECT-LEVEL EwIRONMENTAL IMPACT
HOURS
cost
0
Nmcipw Tp W.,s]
_ vmlas:wvm_
W$245.00
°'p
0'o
67 Z
Gmu,
en
m
n
aQC
ya
Rapct
istersec.,
cu
u
�
`off
o
u
ma
a.
0
5
9
e
b
„''
TOTAL
5enlor
w Na
Enviomronlal
Hwneril
seelet
nar+wmme
AeminblmNw
AWslant
G!Wh..
$180.00
$145.00
$145.00
$95.00
$130.00
$80.00
$100.00
IA Pa die In ProledSfeirlTg, A.Bvitia3
$ 60
IA Attend Project KlckO Meeting (1)
1 2 1 1 1 1 1 1 1 1 4
ZO Prepare 131NOP and NoHee of Completion and Attend SCaplrlg Meating
$6,385
2A Prepare IS /NOP and Notce of Completkvr, _ _
t 4
16
36
1
4
2
M
57.355
28 attentl Sc In MeeB (1)
2
2
4
B
$1.030
3A Peo;RoWow a Ap IlcarsFRapared Technical Re
$11.650
3A Pees ReMeW of ApPlIcOnt-Prepared Technical Reports
_ _ _ _ d _16_ IS
3B
$5,650
38 One Round at Peer Review of Pro evJ arrad RA (Dan Smith)
56.000
Prepare AdInfaldha loo Own OR i and 11 and Screendredt Draft OR
$72,680
4A Prepare Adminklraltive Draft EIR 1
B
24
d
12
_n
54
58360
_ _.
Inhotlucnon
_
1
2
Executive Summary
tome.01try
_.
,,,, _
._, _
2
__ 2._
2
8
1
„
„ „ ,
.,
—.. _.
10
2_
26
$1.050
5240
$2.570
Aevhacnon �„.,
Ouollry
Air
..
24
Air 9uolny
Quality
....
2
4
24
30
53.150
_... .__.._...
Blelogical Resources
2
4
M _.
26
26
52.770
42.770
0.etmd Resources"
Globally an
Global Climate C Change
.,_
._
2
4
20
..... _
2
_._ ?....
2
4
20
_
_..,,
.....
_._....._
26
38
52.770_
93.7I6
A-
530710
36
_
Hpb]rtlsontlHa7ArdousMale4als
�
38
HYCtroI Water 9uoUry _ ^. _.. __...
Land l$e and Pbnnina
.._ _ ..
1 4
20
26
52.770
16
_
_ ,
16
38
52.320
$3_910_
Nose (includes 8 hours h the Wo to obtain noise meo )omens_)
_
2
4
32
Population. Employment, and Housing
2
4
20
26
52 .110
Pu1,11c Services
2
20
.._
22
52190
Recreation --
_
2
24
26
$25]0
Trom0000"lon/Traffic
2
2
34
5J330
Miles; and Servbe Systems
-
20
22
$2.100
AJiemalMes
_ _ _.. ..
IAngieon lmdica8ons
8
2
_ 32
B
..,
40
54200
5170
OR Preparers /References
2
d
6
6
56]0
510375
Prepare Atlministrotivo Draft EIR II
I
_ _
12
18
8
36
2
4
_ 2
03
Prepare Sc,oencheck Draft OR i
4
6
8
I
4
1
24
52.900
PrepaePOERe Review DW OR and NoWe of Complelbn and Aftend
PubBo Neadn on Me (Raft EIR'
�.
5A Prepare Pdllic Review Draft OR and Notice of Completion
2
d
4
1
2
13
S1b10
58 Attend Public Hearinp on Ilse Draft OR
6
6
B
2D
1 $2,710
0.0'evelbyFlnalBR WakPlaSaTd Prepare AtlmiNtlrdiee Flnal EHl and
WIR,dion Mattisodo, asSRe ram (MMRP)
515,605
6A Develop Final OR Work Plan
2
2
S290
68 Prepare Adminisdrotive Find OR and MMRP"
1
18
36
16
36
1
8
I
11]
$15,315
Attachment B
Proposed Budget for the Conexant Project EIR
REVISED April 27, 2009
Upon ..., review. Me Rockwell ER does not oppua, to provitla Int..cdon segardhg Previous cultural ..,.cord, soarcrn s Acoordlhjy. Me COWMI R... wsl hdude condocitng a nrbon dha- k.
As per the Mtectbn M llne CN, tlne amt to psepoing fto AWnh*%We H1wl EIR tC4zd on recemirrg no mcse coon 2W carnmaM owl cxxnmmnl leryedl on me Uod EIR, R,worne to addlMonol comment, Wit be covered under an
dmendmem to the scope of wok and budget aonloned in Mis proposal. it neceSWy.
49
HOURS
COST
CS
O b_O
v0C
a
a
�COC
�t
L
FQ�
9
c
o
s
6
3.
ys
S
TOTAL
onncya rocnnrcd
RdNWgW
Group
MpnO er
PnNW
Mw
senwl
M
frnr W tll
Pant ll
5".1
Mminlfl .
AdmNarNlve
A ono
GrdpNC.
7 D Prepare Knot EIR for Public ReWow, Abend Hearing, and Rle Notice of
Daleiftiah.
$8.140
7A Pre re Fnol EIR for Publlc Remew
d
8
4
12
1
4
7B Aftentl Hearin ontl PrePOe NOtke of Deferm"vra)ion
4
_
d
2
_ _ _
_33
10
10
_$4.050
$1.d90
52.000
]C At}Bntl two Ptld4lonpl Pudlc Heorin s or A4eenn s
8
_
8
_
_
At1en0- PSolect Meetings
$18,200
8A Attend Project Meetings (25). one (1) meeting with fire CM
of Irvine
56
56
112
$18200
94) ProW Marlagemeiumd eeneml Coosdsnati n
$11,645
9A Proleat Management and General Coordination
1
28
30
1
12
77
511 b45
Tafol Hours
12
178
264 1
90
561 1
11 E
38
12
1,160
TOTAL EIR LABOR
S2,940 I
532.040 1
538280 I
S13JDM
553.295 i
S1 A30 t
iiaM I
51200 1
5151.275
$15127
EsBmafed EIR Direct Costs/Expensetr
Reprodudtbn
50 copies of the Fnrdl6{NOP al d maximum of S IOftlocUment
6 copies of Me Sc(eencheck Drab EIR at a moAmUm o15130JtlaWmenr
5
578
59 J5
56.
$1
75 copies of Me Draft EIR pl O mo>umum of $1301tlocument
40 copies of the Fnal EIR ant MMRP a1 a maximum of S 150Jtlocumeni
MgcelWneous raprotludion (NOC.ItlOD. Memos.GOS. BicJ
Mileage/Travel (ESTIMMATE
S2_
Detive�PCphics for fin ATED)
Photos Gra hlos (tort Ores for the EIR)
._
... -
-.
_ SI. ODC
$50
subtotal Direct Cosh
AtlmhMraflve Fee (15% of direct oosu fexoenses)
__
__
_
TOTAL EIR DIRECT COSTS EXPENSES
mated Sub onsullmt Cosh/Expenses
Nimley-Horn and Amcgtes KHA) - Traffic Impact mclysls
CNDDS BIOIOgical Dcr,U eRecords Check
South Centrol Coastal(nfuoilatian Center CWturol Resources Records Check
J$277"7
EDP Hazards Records Check (OPTIONPL TASK)
S hdlblSUbcomultanh
AdmhWmfrve Fee (15 %of wbconsubonls)
OT L SUBCONSULTANT COSTS XP NSES
TOTAL EIR BUDGET
Upon ..., review. Me Rockwell ER does not oppua, to provitla Int..cdon segardhg Previous cultural ..,.cord, soarcrn s Acoordlhjy. Me COWMI R... wsl hdude condocitng a nrbon dha- k.
As per the Mtectbn M llne CN, tlne amt to psepoing fto AWnh*%We H1wl EIR tC4zd on recemirrg no mcse coon 2W carnmaM owl cxxnmmnl leryedl on me Uod EIR, R,worne to addlMonol comment, Wit be covered under an
dmendmem to the scope of wok and budget aonloned in Mis proposal. it neceSWy.
49
w •
Attachment C: Billing Rate Sheet
Sr Division Manager/ Principal Technical Professional
Sr Group Manager/Project Director/ Sr Planner IV/ Sr Scientist IV/
Sr Engineer IV
Group Manager/ Sr Project Manager III/ Sr Planner III/
Sr Scientist III/Sr Engineer III
Project Manager/ Sr Planner Ill Sr Scientist II/Sr Engineer II/
Sr GIS Analyst II
Associate Project Manager /Sr Planner I /Sr Scientist I/
Sr Engineer I/Sr GIS Analyst I
Planner IF Scientist II/Engineer 11
Planner I/ Scientist I/Engineer 1
Sr Administrator /Operations Coordinator /Administrative Coordinator
Sr Word Processor/Regional Graphics Specialist/Sr Program Assistant
Word Processor
Field Technician iI
Planner Intern/Scientist Intern/Technician I /Administrative
Mileage
In addition, id 'fiable, no costs that are directly attributable to the project (i.e., travel, meals, dgin
graphic material phone charges, egwpm t and speciali ed computer charges, etc.) a d subcontra for
charge to cover ov ead and administr ' n.
1. This schedul is eff ' e until J u 1, 2010 an is subjec o annual ft periodic re,
accommodate i a ' my trends, sal adjustments, an a ge ral costs of bus s.
2. Invoices will sub ' ed by Co sultant onthly. Client % I tify Consulta , in Ming, of any
(10) days o e date o voice. thenvise, a invoice s all be ed act table by a Client //t
due and p able immediate pon receipt.
$190— $300/hour
$175— $300/hour
$140— $200/hour
$120— $170/hour
$95— $135/hour
$85— $120/hour
$654100/hour
$904130/hour
$75 —$110 /hour
$65 —$100 /hour
$55— $90/hour
$45— $75/hour
$.55 /mile
auto rentals, pnnfin d copies,
,s include a 15 °/ dministmtion
Kmdiat"na necessary to
ice withinten
n invoices are
3. A I payment finance charge at a of 18% per nnum (or the maximum a ount allo per law if lower) will be applied to any
aid balance commencing 30 days after the dat f the original invoice.
4, Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4 -hour minimum per day.
0 •
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
MAY 2 6 2009
Agenda Item No. 10
May 26, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, Associate Planner
(949) 644 -3208, rung@city.newport-beach.ca.us
SUBJECT: Contract for Environmental Consulting Services
APPLICANTS: The Kali Company and Conexant
ISSUES
In accordance with Council Policy F -14 (Authority to Contract for Services), the City
Manager shall provide notice of a permit application and a brief description of the
proposed project to the City Council when a contract for professional services is paid for
by funds in an applicant deposit account and the total cost for services exceeds
$100,000.
RECOMMENDATION
Receive and file notice of permit application
DISCUSSION
This report is intended to provide notice to the City Council of a contract between the
City of Newport Beach and Post Buckley Schuh & Jernigan (PBS &J) for the
environmental consultant services associated with the Conexant and Kali Company
development plan applications in the Airport Area.
Conexant and The Kali Company, two property owners in the Airport Area, submitted
applications for mixed -use development on their properties. PBS &J's scope of work
includes the preparation of all required environmental documents in accordance with the
California Environmental Quality Act (CEQA). This effort will consist of an environmental
impact report (EIR) for each of the proposed developments including environmental
analysis for the Integrated Conceptual Development Plan which covers both the
properties. The PBS &J contract for these environmental studies totals $690,994. Copies
of the contracts for both projects are available in the Planning Department.
• Cone4kt and The Koll Company
May 26, 2009
Page 2
VfS , tALLWPACT
None.
Prepared by:
\R salinh M. Ung, s ciate Planner
I
Submitted by:
Vcvw;
avid epo, Planning Director