HomeMy WebLinkAbout04 - Proposed Harbor Pointe Senior Living Project Located at 101 Bayview PlacePaR m CITY OF
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City Council Staff Report
January 23, 2018
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Associate Planner,
bzdeba@newportbeachca.gov
PHONE: 949-644-3253
TITLE: Amendment of Professional Services Agreement with Psomas DBA
BonTerra Psomas for Environmental Services for the Proposed
Harbor Pointe Senior Living Project Located at 101 Bayview Place
(PA2015-210)
ABSTRACT:
An amendment of a professional services agreement (PSA) with Psomas for
environmental consulting services for the preparation of an environmental impact report
for the proposed Harbor Pointe Senior Living project located at 101 Bayview Place.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the amendment to the Professional Services Agreement, and authorize the
Mayor and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The applicant, Harbor Pointe Senior Living,
LLC, will reimburse the City for the entire cost of $230,530 for the consulting service.
DISCUSSION:
On November 23, 2015, the applicant submitted an application for legislative and
discretionary approvals to accommodate the future redevelopment of the project site with
a senior living facility. Attachment C provides an aerial photograph of the project site.
4-1
Amendment of Professional Services Agreement with Psomas DBA BonTerra Psomas
for Environmental Services for the Proposed Harbor Pointe Senior Living Project
Located at 101 Bayview Place (PA2015-210)
January 23, 2018
Page 2
The project site at 101 Bayview Place currently has a single -story restaurant (Kitayama)
and is designated by the General Plan for CO -G (General Commercial Office). The
applicant is requesting a general plan amendment to change the land use to PI (Private
Institutions) and allow the development of an approximately 85,000 -square -foot, 121 -bed
congregate care and convalescent senior living facility. Required applications include a
General Plan Amendment, Planned Community Development Plan Amendment, Site
Development Review, and a Conditional Use Permit.
Initial analysis of CEQA compliance concluded that an initial study/mitigated negative
declaration (IS/MND) was appropriate. A PSA for the IS/MND was executed for Psomas
DBA BonTerra Psomas in March 2016, for $85,530, and an initial study was prepared.
Upon further review, it was determined the project may result in one or more potentially
significant environmental impacts; therefore, an environmental impact report (EIR) should
be prepared. In September 2016, City Council approved an amended PSA for $197,640
to complete the EIR.
A scoping meeting was held in August 2016, and the project was subsequently introduced
at a Planning Commission study session in February 2017. Based on the feedback
received from the community and staff during this time, the applicant revised the proposed
project. In October 2017, revised plans were provided to Psomas for review. Based on
the significant changes, Psomas submitted a revised scope of work stating that modified
analyses are required resulting in additional fees of $32,890.
All work completed to date is within the original amount. The current PSA is set to expire
in March 31, 2018. This amendment is necessary to continue the process.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Amendment of Professional Services Agreement with Psomas
Attachment B — Current Professional Services Agreement with Psomas
Attachment C — Project Site Exhibit
4-2
Attachment A
Amendment of Professional Services
Agreement with Psomas
M
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS DBA BONTERRA PSOMAS FOR
PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR
THE HARBOR POINTE SENIOR LIVING PROJECT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. THREE") is made and entered into as of this 31st day of March, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PSOMAS DBA BONTERRA
PSOMAS, a California corporation ("Consultant"), whose address is 3 Hutton Centre
Drive, Suite 200, Santa Ana, California 92707, and is made with reference to the following:
RECITALS
A. On March 30, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") for preparation of Initial Study/Mitigated Negative
Declaration (IS/MND) for the Harbor Pointe Senior Living Project in accordance
with the California Environmental Quality Act ("CEQA") ("Project").
B. On May 25, 2016, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect modifications to the Schedule of
Billing Rates to the Agreement.
C. On September 27, 2016, City and Consultant entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to reflect additional Services not included
in the Agreement, as amended, to extend the term of the Agreement to March 31,
2018, and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to March 31, 2019, to increase the total compensation, and to update
the indemnification provisions.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2019, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. Two, and Exhibit A
H
to this Amendment No. Three shall collectively be known as "Exhibit A." The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B-1 to Amendment No. One,
and Exhibit B to this Amendment No. Three shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 attached hereto as Exhibit B 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 Thirty
Thousand Five Hundred Thirty Dollars and 00/100 ($230,530.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Two Thousand Eight Hundred Ninety Dollars and 00/100 ($32,890.00).
4. HOLD HARMLESS
Section 9.1 of the Agreement is amended in its entirety and replaced with the
following:
"9.1. To the fullest extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, its City Council, boards and
commissions, officers, agents, volunteers, employees and any person or
entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement (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, attorneys' 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, reckless, and/or willful acts, errors and/or
Psomas dba Bonterra Psomas
Page 2
G�
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).
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Psomas dba Bonterra Psomas Page 3
Mo
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ! Z,/Z( / / �-
Aaron C. Harp 6%M %,L «lig
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Duffy Duffield
Mayor
CONSULTANT: Psomas dba Bonterra
Psomas, a California corporation
Date:
By:
Kathleen Brady, AICP
Vice President, Environmental Planning
Date:
By:
Joan Patronite Kelly
Senior Vice President/Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Psomas dba Bonterra Psomas Page 4
G�1
EXHIBIT A
SCOPE OF SERVICES
Psomas dba Bonterra Psomas Page A-1 4-8
Harbor Pointe Senior Assisted Living
and 1lemory Care Project
SCOPE OF WORK
HARBOR POINT SENIOR ASSISTED LIVING AND MEMORY CARE PROJECT
ENVIRONMENTAL IMPACT REPORT
November 30, 2017
PROJECT UNDERSTANDING
The proposed Harbor Pointe Senior Assisted Living and Memory Care Project (hereinafter referred to as
the "Harbor Pointe Project" or the "Project") proposes development of a 120 -bed Senior Assisted Living
and Memory Care facility, ancillary uses, and subsurface parking on an approximate 1.5 -acre site. The
Project site is located at 101 Bayview Place in Newport Beach, at the northeast corner of the site. The site
is bordered by Bristol Street on the northeast and Bayview Place on the southeast. To the northwest and
southwest, the site abuts single- and multi -family residential developments.
As part of the proposed development, the existing single -story, approximate 8,800 -square -foot restaurant
and its associated surface parking lot would be demolished to accommodate the development of a 3 -story,
109,179 -gross -square -foot, 120 -bed Senior Assisted Living and Memory Care facility with 1 level of
subterranean parking, which will include a total of 53 parking stalls. The proposed facility will include
amenities such as a salon and spa, a fitness room, a movie theater, a community store, living rooms,
dining rooms, a bistro, a library, activity rooms, a computer lab, an outdoor courtyard, and an outdoor
deck looking down onto the interior courtyard.
The site is currently designated CO -G (General Commercial Office) and is part of the existing Bayview
Planned Community Development Plan (PC -32).
In order to accommodate development of the proposed Project, the following discretionary actions would
be required: (1) A General Plan Amendment (GPA) to change the land use designation from the existing
CO -G (General Commercial Office) to PI (Private Institutions); (2) a Planned Community Development
Plan Amendment to amend the existing Bayview Planned Community Development Plan (PC -32) to
allow for Senior Residential and Private Institution uses; (3) a Major Site Development Review to allow
the construction of over 109,179 square feet of assisted living gross floor area; and (4) a Conditional Use
Permit to allow the establishment of a 120 -bed senior assisted living and memory care community.
SUPPLEMENTAL SCOPE OF WORK FOR THE ENVIRONMENTAL IMPACT REPORT
TASK 2 DRAFT ENVIRONMENTAL IMPACT REPORT'
The City of Newport Beach made a determination that a full -scope EIR, inclusive of all environmental
topics, will be the appropriate CEQA document for the proposed Project. Therefore, preparation of a
Notice of Preparation (NOP) would suffice and an Initial Study would not be required. BonTerra Psomas
prepared and published a Notice of Preparation (NOP) for a 30 -day public review period. BonTerra
Psomas additionally, with assistance from the City, conducted a Scoping Meeting during the 30 -day
public review of the NOP. This task has been fulfilled, and no additional work is necessary.
1 The task number follows the original scope of work for the EIR
R:\Projects\NEW\3NEW003100\SOWS\SOW Harbor Pointe EIR-113017.docx Scope of Work
G •
Harbor Pointe Senior Assisted Living
and Memory Care Project
Task 2.1 Administrative Draft Environmental Impact Report
As stated in the previous SOW, BonTerra Psomas will prepare the Administrative Draft EIR in
accordance with CEQA (Public Resources Code, Sections 21000, et seq.), the State CEQA Guidelines
(California Code of Regulations [CCR], Title 14, Section 15000 et seq.), and pertinent case law. The
analysis will be based upon the NOP comments received; community and agency input received at the
Scoping Meeting; technical evaluation of the proposed Project; and available and pertinent data.
In light of the modified Project Description, the following presents only the supplemental work effort for
the preparation of the Administrative Draft EIR:
Project Description. While the components of the Project Description would remain as identified in the
previous EIR SOW, the modified Project Description would necessitate additional effort not previously
anticipated. The revisions to the Project Description will ripple through the EIR document. Although a
revised Project Description has been provided, given the level of detail required for an EIR, BonTerra
Psomas would provide additional discussion and detail using the Site Plans and other information
provided to the City by the Applicant. Some of the details include, but are not limited to, information on
building setbacks; grading quantities; landscape and lighting concepts; construction durations; on- and
off-site improvements.
Environmental Analysis As stated above, the revisions to the Project Description will affect the
discussion of the Project and its components throughout the EIR, as appropriate. Below is a brief
discussion of the environmental topics that would be affected:
Aesthetics. As the proposed facility has been re -designed to reduce the height and density, the
visual simulations and shade and shadow studies would need to be re -done in order to correctly
reflect the proposed modified structure and its visual and shade and shadow impacts. A revised
set of Visual Simulations have been provided to BonTerra Psomas, which will be incorporated
into the Aesthetics section and analyzed. The previous shade and shadow study, which was
prepared by BonTerra Psomas would also need to be re -done for the analysis of potential impacts.
Therefore, the Aesthetics section for the EIR would be re -written to reflect the modified facility
and the updated Visual Simulation and Shade and Shadow studies.
The following is a brief SOW for preparation of the Shade and Shadow for the modified Project:
o BonTerra Psomas will create a three-dimensional model of the proposed structures and
surrounding topography, which will be subsequently used to perform one Shade and
Shadow analysis for the spring/fall equinoxes, and two analyses for the summer/winter
solstices. Three points in time on each day will be analyzed (e.g., morning, noon and
dusk) resulting in a total of nine shade/shadow models. Upon completion of the analysis,
Psomas will prepare maps and exhibits, including one top-down view of the proposed
shade and shadows for each of the nine models (resulting in nine maps).
• Air Quality. It has been determined that the existing emissions need to be recalculated as the
CalEEMod has been revised and updated since preparation of the previous SOW. The modeling
would need to be rerun, and the analysis modified to reflect the updated model runs. Please note,
the modified Air Quality analysis will be prepared by the same technical expert who prepared the
previous work for the IS/MND as a Psomas employee and has been retired since then.
Greenhouse Gas Emissions (GHG). It has also been determined that the existing and future
operations and Project construction GHG pollutant emissions will be recalculated using the
CalEEMod 2016 model as described for the air quality analysis. The analysis will be modified to
reflect the update model runs. Please note, the modified GHG analysis will be prepared by the
R:\Projects\NEW\3NEW003100\SOWS\SOW Harbor Pointe EIR-113017.docx
Scope of Work
4-10
Harbor Pointe Senior Assisted Living
and Memory Care Project
same technical expert who prepared the previous work for the IS/MND as a Psomas employee
and has been retired since then.
• Hazards and Hazardous Materials. The Part 77 consultation request with FAA was not
anticipated to be redone, as the reduced height of the proposed facility is not expected to result in
a conflict and hence impacts. However, the No Conflict Determination by the Airport Land Use
Commission (ALUC) will expire on December 8, 2017. In light of this, a new Part 77
consultation request will need to be prepared and submitted.
• Hydrology and Water Quality. The City is confirming with the Project civil engineer the
validity of the previous Water Quality Management Plan (WQMP). If necessary, the WQMP will
be updated to reflect the modified Project. In light of the potential revisions in the WQMP,
BonTerra Psomas will adjust the analysis, as appropriate.
• Land Use and Planning. In light of the modified Project, the policy analysis in this section will
be updated to reflect the revised description.
• Noise. Existing noise conditions are assumed to be the same as described in the previous SOW.
Psomas will take new noise measurements, if updated measurements are deemed necessary. The
noise analysis will be updated in light of the modified Project Description, as appropriate. Please
note, the modified Noise analysis will be prepared by the same technical expert who prepared the
previous work for the IS/MND as a Psomas employee and has been retired since then.
• Transportation/Traffic. As construction traffic was determined to be an important issue for the
community, per the City's request and the Applicant's concurrence, LLG will conduct a
construction traffic analysis and also update the Project Description in the report. The following
is the proposed SOW from LLG:
o Prepare an estimate of Project Alternative -related vehicle trips based on the appropriate
Institute of Transportation Engineers (ITE) Trip Generation rates.
o Collect daily roadway segment traffic count data for one segment of Bayview Place
adjacent to the Project and one segment of eastbound Bristol Street adjacent to the cross -
street for construction impact analysis.
o Coordinate with the Project team regarding the number of employees and other
transportation related activities (e.g., materials deliveries, equipment deliveries, etc.)
anticipated during the construction phase of the proposed Project.
o Determine likely trip distribution of construction related traffic, and assign trips.
o Evaluate the potential for Project related traffic impacts, based on the estimated
construction traffic, in the context of the City of Newport Beach.
o Summarize the results of the trip generation and construction assessments in a letter
report.
Cumulative Impacts. In preparation of the cumulative analysis in the EIR, BonTerra Psomas will work
with the City staff to determine if the list of cumulative projects in the area has been modified since the
previous SOW, and if so, will update the list.
R:\Projects\NEW\3NEW003100\SOWs\SOW Harbor Pointe EIR-113017.docx
Scope of Work
4-11
EXHIBIT B
SCHEDULE OF BILLING RATES
Psomas dba Bonterra Psomas Page B-1 4-12
Harbor Pointe Senior Assisted Living
and Memory Care Project
FEE ESTIMATE
HARBOR POINT SENIOR ASSISTED LIVING AND MEMORY CARE PROJECT
ENVIRONMENTAL IMPACT REPORT
November 30, 2017
Task Description Fee
BonTerra Psomas Professional Fees
Task 1 Environmental Impact Report
1.1 Administrative Draft EIR $23,590.00
Subtotal BonTerra Psomas Professional Fees $23,590.00
ESTIMATED DIRECT EXPENSES
Traffic Analysis (Urban Crossroads) $4,800.00
Air Quality/Greenhouse Gas Emissions/Noise $4,500.00
Subtotal Direct Expenses $9,300.00
TOTAL FEE ESTIMATE TASKS 1-4 $32,890.00
R:\Projects\NEW\3NEW003100\SOWS\SOW Harbor Pointe EIR-113017.docz Fee Estimate
4-13
Attachment B
Current Professional Services Agreement
with Psomas
4-14
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS DBA BONTERRA PSOMAS FOR
PREPARATION OF ENVIRONMENTAL IMPACT REPORT (EIR)
FOR THE HARBOR POINTE SENIOR LIVING PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 27th day of September,
2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PSOMAS DBA BONTERRA
PSOMAS, a California corporation ("Consultant"), whose address is 3 Hutton Centre
Drive, Ste. 200, Santa Ana, California 92707, and is made with reference to the
following:
RECITALS
A. On March 30, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Initial Study/Mitigated Negative Declaration
(IS/MND) for the Harbor Pointe Senior Living Project in accordance with the
California Environmental Quality Act ("CEQA") ("Project").
B. On May 25, 2016, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect modifications to the Schedule of
Billing Rates to the Agreement.
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to March 31, 2018 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2018, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to this Amendment No. Two shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
4-15
3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 attached hereto as Exhibit B 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 One Hundred
Ninety Seven Thousand Six Hundred Forty Dollars and 00/100 ($197,640.00),
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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Twelve Thousand One Hundred Ten Dollars and 00/100
($112,110.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Psomas DBA BonTerra Psomas
Page 2
4-16
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp a
City Attorney
ATTEST: t
Date: / �• (. �!%
By:
6&S-
Leilani I. Brown
City Clerk
L'gLi FORS
CITY OF NEWPORT BEACH,
a California municipcor or ion I
Date::'-
ne B. Dixon
Mayor
CONSULTANT: Psomas DBA BonTerra
Psomas, a California corporation
Date: lallelllb
Kathleen Brady, AICP
Vice President, Environmental Pla�ni ng
Date: l 6
J an Patronite elly
Senior Vice President/Princip�l
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Psomas DBA BonTerra Psomas Page 3
4-17
Psomas DBA BonTerra Psomas
Page A-1
Harbor Pointe Senior Living Project
ATTACHMENT A
SCOPE OF WORK
HARBOR POINT SENIOR LIVING PROJECT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
August 25, 2016
PROJECT UNDERSTANDING
The proposed Harbor Pointe Senior Living Project (hereinafter referred to as the "Harbor Pointe Project"
or the "Project") proposes development of a 144 -bed convalescent facility and congregate care home on
an approximate 1.5 -acre site. The Project site is located at 101 Bayview Place in Newport Beach, at the
northeast corner of the site. The site is bordered by Bristol Street on the northeast and Bayview Place on
the southeast. To the northwest and southwest, the site abuts single- and multi -family residential
developments.
As part of the proposed development, the existing single -story, approximate 8,800 -square -foot restaurant
and its associated surface parking lot would be demolished to accommodate the development of a 5 -story,
109,633 -square -foot, 144 -bed convalescent and congregate care facility with 1 level of subterranean
parking, which will include a total of 78 parking stalls. The proposed facility will include amenities such
as a fitness room, a spa/salon, an outdoor Memory Care garden, a water feature, and seating areas. The
proposed massing of the facility corresponds to adjacent uses (i.e., commercial along Bristol Street and
residential to the southwest of the Project site) to create compatibility with the adjacent uses.
The site is currently designated CO -G (General Commercial Office) and is part of the existing Bayview
Planned Community Development Plan (PC -32).
In order to accommodate development of the proposed Project, the following discretionary actions would
be required: (1) A General Plan Amendment (GPA) to change the land use designation from the existing
CO -G (General Commercial Office) to PI (Private Institutions); (2) a Planned Community Development
Plan Amendment to amend the existing Bayview Planned Community Development Plan (PC -32) to
increase the height and floor area and to change the land use limitations; (3) a Major Site Development
Review to allow the construction of over 20,000 square feet of nonresidential gross floor area; and (4) a
Conditional Use Permit to allow the establishment of a 144 -bed combined convalescent facility with
congregate care housing.
SCOPE OF ENVIRONMENTAL IMPACT REPORT
Preparation of the EIR will include the following tasks:
Task 1 Notice of Preparation (NOP) and Scoping Meeting
Task 2 Environmental Impact Report
Task 2.1 Administrative Draft Environmental Impact Report
Task 2.2 Screencheck Draft Environmental Impact Report
Task 2.3 Draft Environmental Impact Report and Distribution for Public Review
Task 2.4 Final Environmental Impact Report and Responses to Comments
Task 2.5 Findings of Fact and Statement of Overriding Considerations
Task 3 Mitigation Monitoring and Reporting Program
Task 4 Notice of Determination
Task 5 Project Management, Project Meetings, and Public Hearings
R:\Projects\NEW\3NEW003100\SOWS\SOW Harbor Pointe EIR-082516.docx A-1 Scope of Work
4-19
Harbor Pointe Senior Living Project
TASK I NOTICE OF PREPARATION AND SCOPING MEETING
The City of Newport Beach has made a determination that a full -scope EIR, inclusive of all
environmental topics, will be the appropriate CEQA document for the proposed Project. Therefore,
preparation of a Notice of Preparation (NOP) would suffice and an Initial Study would not be required.
BonTerra Psomas will prepare of a Notice of Preparation (NOP), pursuant to Section 15082 of CEQA
Guidelines, to notify the State Clearinghouse, responsible and trustee agencies, and the public that an EIR
will be prepared for the proposed Project.
BonTerra Psomas will prepare a Draft NOP for review by the City. The NOP will provide an overview of
the Project; expected approvals required for Project implementation; and pertinent graphics. The NOP
will also serve as a Scoping Meeting Notice. Upon receipt of comments from the City, BonTerra Psomas
will revise the NOP and prepare a final copy prior to public review.
BonTerra Psomas will be responsible for coordinating the reproduction and mailing of the NOP based on
a distribution list provided by the City and address labels of the surrounding property owners provided by
the Applicant. BonTerra Psomas will file the NOP with the State Clearinghouse and other responsible and
trustee agencies. The NOP will be distributed via overnight delivery or certified with signed receipt as a
proof of delivery, in compliance with the State CEQA Guidelines. Since no Initial Study is being
prepared, the full NOP will be to property owners within 300 -foot radius of the Project site rather than
preparing a separate notice of availability (NOA). The copies of the NOP to the surrounding property
owners will be sent via U.S. mail. Based on discussions with the City, it is assumed that the City will
publish a NOA of the NOP in the local paper.
BonTerra Psomas will prepare for and attend one EIR Scoping Meeting that will be held during the 30 -
day public review of the NOP. Is it assumed that the City will coordinate and organize the Scoping
Meeting at the City Hall. BonTerra Psomas will attend and participate in the meeting, as appropriate. If
requested by the City, BonTerra Psomas will describe the process to be followed in preparing the EIR for
the proposed Project. Comments and issues to be addressed in the EIR will be requested from all meeting
attendees. This Scope of Work assumes that BonTerra Psomas will prepare brief Scoping Meeting
materials (e.g., handouts, sign in sheets, comment cards). However, any display boards will be provided
by the Applicant. If requested by the City, BonTerra Psomas can prepare display boards and a PowerPoint
presentation for the Scoping Meeting on a time and materials basis. BonTerra Psomas will prepare a
summary of the meeting for inclusion in the EIR and will ensure that the issues raised at the meeting are
addressed in the Draft EIR document, as appropriate. However, a standalone scoping report or transcript
of the meeting is not assumed to be required. This Scope of Work assumes that visual displays will be
provided by the Project Applicant, as necessary.
Task I Deliverables
® Electronic copies of Draft and Final NOP (2 submittals)
Distribution of up to 45 copies of the NOP via overnight mail or certified mail
OR Distribution of NOP to surrounding residents (300 -foot radius) via U.S. mail.
Scoping Meeting Materials (i.e., handouts, sign in sheets, comments cards)
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TASK 2 DRAFT ENVIRONMENTAL IMPACT REPORT
Task 2.1 Administrative Draft Environmental Impact Report
BonTerra Psomas will prepare the Administrative Draft EIR in accordance with CEQA (Public Resources
Code, Sections 21000, et seq.), the State CEQA Guidelines (California Code of Regulations [CCR], Title
14, Section 15000 et seq.), and pertinent case law. The analysis will be based upon the NOP comments
received; community and agency input received at the Scoping Meeting; technical evaluation of the
proposed Project; and available and pertinent data. The analysis assumes that the Project will comply with
all applicable federal and State laws and regulations and the City of Newport Beach Municipal Code. The
EIR text will be supplemented by exhibits and graphics to enhance and support the analysis and findings.
Upon completion of the Administrative Draft EIR, it will be submitted electronically to the City for
review and comment. BonTerra Psomas' approach to preparing key sections of the EIR is provided
below. This Scope of Work assumes two rounds of review (i.e., Administrative and Screencheck Draft
EIRs).
Executive Summary. BonTerra Psomas will prepare the executive summary section upon completion of
all other EIR sections in order to present the final and updated information. This section will summarize
the Project Description, impacts, and mitigation measures. The summary will also discuss the location,
areas of controversy and issues to be resolved, and Project alternatives.
Introduction. BonTerra Psomas will prepare the introduction section, which will include a description of
the purpose of the EIR, public scoping and circulation, and required contents of the EIR.
Project Description. BonTerra Psomas will work closely with the City and Project Team members to
prepare an in-depth description that articulates the characteristics and overall objectives of the Project.
The Project Description will include but not be limited to the Project History; Intended uses of the
EIR/Project approvals; EIR focus and effects found not to be significant; Project location; Project
characteristics; and Project goals and objectives.
Environmental Analysis. Each topical EIR section will contain a discussion of the existing conditions on
the site and in the Project vicinity; a summary of the regulatory framework; identification of significant
environmental effects anticipated for each environmental issue; and mitigation measures, if required.
Thresholds of significance will be stated in each technical section to enable the reader to understand the
analytical process used to identify potential Project impacts and, unless otherwise directed by the City,
will be taken from the State CEQA Guidelines. For each topical issue, the EIR will identify the level of
significance prior to and after mitigation, based on the established thresholds.
Establishing a nexus among the Project -specific and cumulative impacts and the suggested mitigation
measure(s) is critical. BonTerra Psomas will differentiate among features of the Project (Project Design
Features [PDFs]) that serve to partially or completely mitigate potential impacts; City of Newport Beach
standard conditions of approval, as applicable; and "conventional" EIR mitigation measures. Project
effects that cannot be mitigated to a level considered less than significant will be identified.
Alternatives. BonTerra Psomas will provide an assessment of alternatives to the proposed Project. These
alternatives will be based on the requirements of CEQA as well as discussions with City staff members
and the Project Team. This Scope of Work assumes that up to two development alternatives and a No
Project Alternative will be addressed. It is assumed that one of the development alternatives will be the
development of the site consistent with the General Plan (i.e., up to 70,000 square feet of General
Commercial Office). The second development alternative will be designed to reduce or eliminate, where
possible, the impacts identified for the proposed Project. The alternatives will be discussed and further
developed through collaboration with the Project Team; however, it is assumed it will be a modification
of the design rather than an alternative use. Each alternative will be qualitatively assessed in comparison
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to the proposed Project; quantitative analysis will be provided if necessary to adequately compare the
impacts of the alternatives and the Project.
Cumulative Impacts. In addition to the analysis of potential short-term and long-term Project -specific
impacts and the analysis of direct and indirect impacts, BonTerra Psomas will conduct a cumulative
impact analysis based on the provisions of Section 15130(b)(1) of the State CEQA Guidelines. BonTerra
Psomas will work closely with City staff and Project Team members to ensure that appropriate Projects
are evaluated. However, to ensure a comprehensive analysis, the regional growth projections, which
reflects the adopted General Plan will be utilized. The cumulative assumptions will be identified for each
topical issue.
Required California Environmental Quality Act Topics. The following CEQA-required sections will be
prepared as a part of the EIR: long-term impacts; significant irreversible environmental changes;
significant unavoidable adverse impacts; growth -inducing impacts; energy impacts (pursuant to Appendix
F of the State CEQA Guidelines); references; and preparers and contributors, agencies, and persons
consulted. The Administrative Draft EIR will be submitted electronically to the City for review and
comment.
BonTerra Psomas will review the comments received from the City on the Administrative Draft EIR and
make the necessary revisions to the document. BonTerra Psomas will also be responsible for identifying
conflicting comments/direction and ensuring that these issues are resolved. BonTerra Psomas will revise
the document and submit a Screencheck Draft to the City for approval prior to public distribution.
Task 2.1 Deliverables
Electronic copy of the Administrative Draft EIR
Task 2.2 Screencheck Draft Environmental Impact Report
BonTerra Psomas will review the comments received from the City on the Administrative Draft EIR and
make the necessary revisions to the document. BonTerra Psomas will also be responsible for identifying
conflicting comments/direction and ensuring that these issues are resolved. BonTerra Psomas will revise
the document and submit a Screencheck Draft to the City for approval prior to public distribution.
Task 2.2 Deliverables
a Electronic copy of the Screencheck Draft EIR
Task 2.3 Draft Environmental Impact Report and Distribution for Public Review
Upon receipt of comments on the Screencheck Draft EIR, BonTerra Psomas will incorporate additional
revisions, as necessary and prepare the Draft EIR. BonTerra Psomas will be responsible for producing
and distributing the Draft EIR for a 45 -day public review period, based a distribution list provided by the
City, which will include all agencies, interested parties, and members of the public. BonTerra Psomas
anticipates 50 CD copies will be distributed, including 15 for the State Clearinghouse.
BonTerra Psomas will also prepare a Notice of Completion (NOC) that would be submitted to the State
Clearinghouse (SCH) with 15 CDs of the Draft EIR and 15 copies of the SCH electronic submittal form.
In addition, BonTerra Psomas will prepare a Notice of Availability (NOA) and mail out copies to
property owners within the 300 -foot radius of the Project site. It assumed that the City will be responsible
for publishing the NOA in the local newspaper.
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Task 2.3 Deliverables
• Electronic copy of the Draft EIR
® Up to 30 CDs of the Draft EIR, including technical appendices, for distribution
• Electronic copies of the NOC
• Electronic copies of NOA
• Distribution of the NOA to property owners (300 -foot radius)
• Submittal of the required 15 copies of the NOC and Draft EIR to the State Clearinghouse
Task 2.4 Responses to Comments/ Final Environmental Impact Report
Following the 45 -day public review period, BonTerra Psomas will review all comments provided to the
City from the State Clearinghouse and other parties on the Draft EIR. Based on the comments received,
BonTerra Psomas will organize the comments so the Responses to Comments (RTC) effort can be
performed in a timely and cost-efficient manner. Following review of the comments received, BonTerra
Psomas will coordinate with the City on the approach to preparing the responses. BonTerra Psomas will
be responsible for assigning responsibilities to Project Team members for responding to comments; for
ensuring that the responses are received; and for incorporating all input from the Project Team into the
RTC document.
BonTerra Psomas, with assistance from the technical team, will prepare written responses to comments
that raise significant environmental issues. The revisions that result from the comments on the Draft EIR
will be incorporated into the text of the Draft EIR (Errata). The new and modified text will be underlined,
and the deleted text will be stricken -out. Electronic copies of the Draft RTC and the revisions to the Draft
EIR will be provided to the City for review. This Scope of Work assumes that BonTerra Psomas will
spend approximately 100 hours of professional staff time on this task. If it appears that additional effort
will be necessary or if late comment letters are received that raise significant environmental issues,
BonTerra Psomas will notify the City and a budget augment may be needed.
Upon receipt of comments from the City, BonTerra Psomas will revise the Draft RTC document and
prepare the Final EIR; will coordinate with the technical team regarding revisions that are needed; and
will provide electronic copies of the Final EIR, including the Draft EIR, RTC, and Errata to the Draft EIR
to the City for a final review.
BonTerra Psomas will mail responses to public agency comments at least ten days before consideration of
certification of the Final EIR, as required by CEQA.
Task 2.4 Deliverables
a Electronic copies of Draft and Final Responses to Comments
a Electronic copy of Final EIR
Task 2.5 Findings of Fact and Statement of Overridinu Considerations
It is assumed the BonTerra Psomas will prepare the Findings of Fact and Statement of Overriding
Considerations (Findings and SOC) for the Project pursuant to Sections 21081 and 21081.6 of the
California Public Resources Code and Sections 15091 and 15093 of the State CEQA Guidelines.
BonTerra Psomas will coordinate with the City and the Applicant for the identification of benefits of the
Project to ensure the SOC reflects the full range of benefits. A draft copy of the Findings and SOC will be
submitted to the City for review. Revisions will be made to respond to any comments by the City on the
draft document.
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Task 2.5 Deliverables
Electronic copies of the Draft and Final Findings of Fact and Statement of Overriding
Considerations.
TASK 3 MITIGATION MONITORING AND REPORTING PROGRAM
In compliance with Section 21081.6 of the California Public Resources Code, BonTerra Psomas will
prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Final EIR document and
for adoption at the time of the Final EIR. The MMRP will be prepared in matrix format and will provide
the timing and responsibility for each mitigation measure. A Draft MMRP will be electronically
submitted for review by the City. Upon receipt of comments from the City, BonTerra Psomas will revise
the MMRP to address the comments and submit a revised Final MMRP to the City.
If the Planning Commission or City Council modifies the Project and/or recommends any additional
standard conditions and mitigation measures for the proposed Project, BonTerra Psomas will revise the
MMRP. However, substantial modifications are not assumed in the fees for this Project.
Task 3 Deliverables
® Electronic copies of Draft and Final MMRP
TASK 4 NOTICE OF DETERMINATION
BonTerra Psomas will prepare the Notice of Determination (NOD) for the Project, which will be signed
by the City upon certification of the EIR and action on the Project. BonTerra Psomas will file the NOD
with the County Clerk and the State Clearinghouse. It is assumed that the Applicant will provide
BonTerra Psomas with a check for payment of the California Department of Fish and Wildlife filing fees
and County Clerk Recorder processing fee at the time the NOD is filed.
Task 4 Deliverables
go Electronic copy of the NOD for signature
a One electronic copy of the NOD stamped as having been filed with the County Clerk
TASK 5 PROJECT MANAGEMENT, PROJECT MEETINGS, AND PUBLIC HEARINGS
Task 5.1 Proiect Management
BonTerra Psomas will be responsible for managing the CEQA process for the City. This includes ongoing
coordination with the City and team members to ensure compliance with the Scope of Work and schedule
and to ensure that information is disseminated, as necessary. This Scope of Work assumes an
approximately 6.5 -month schedule for the EIR after a Notice to Proceed is issued.
Task 5.2 Proiect Meetings
This task includes attendance at up to three coordination meetings for the EIR with City staff and Project
Team members, as necessary. This Scope of Work assumes that the Project Manager and Assistant
Project Manager will attend all meetings (three hours each, which includes preparation and travel time).
Additional meeting attendance will be billed on a time and materials basis, based on hourly rates and
subject to prior approval.
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Task 5.2 Deliverables
a Up to three meetings with the City staff members and the Project Team
Task 5.3 Public Hearings
BonTerra Psomas will attend up to two public hearings, including Planning Commission and City Council
meetings. BonTerra Psomas will be available to make presentations and/or provide advice and input to the
City and address questions regarding CEQA; the environmental review process; and the findings of the
EIR analyses, as appropriate. The preparation of visual aids and handouts for the public hearings are not
included in this Scope of Work. This task assumes public hearings will be attended by the Project
Manager.
Additional public hearing attendance will be billed on a time -and -materials basis, based on hourly rates
and subject to prior approval.
Task 5.3 Deliverables
Attendance at two public hearings
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Scope of Work
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WORK SCHEDULE
HARBOR POINT SENIOR LIVING PROJECT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
August 25, 2016
This Scope of Work assumes an approximately 6.5 -month schedule for the EIR after the Notice to
Proceed is issued. BonTerra Psomas will work diligently and coordinate closely with the City and Project
Team to ensure the EIR is prepared efficiently, on time, and within budget. All time -saving approaches,
including use of the existing screencheck IS/MND, will be utilized to speed up the schedule. However,
BonTerra Psomas will ensure that time -saving approaches will not jeopardize the quality of the document.
The preparation of the NOP and support materials will be initiated upon attendance at the July 12, 2016
meeting with the City and Project Applicant. However, further work on EIR will be at the City's
direction; therefore, the following schedule provides estimated durations for each work effort.
Prepare NOP -
July 12 -duly 15, 2016
City Review of the NOP (1St review)
July18 — July 19, 2016
Revise the NOP
July 19, 2016
City Review of the NOP (2nd and final review) July 20-21, 2016
Prepare Final NOP for circulation
July 21, 2016
NOP 30 -Day Public Review Period
July 22 — August 22, 2016
Scoping Meeting
August 15, 2016
Task 2: Environmental Impact Report
s�
Prepare Administrative Draft EIR
Week 1-4
City Review of Administrative Draft EIRWeek
5-6
Prepare Screencheck Draft EIR
Week 7-8
City Review of Screencheck Draft EIR (2nd and final review)
Week 910
Prepare Draft EIR for Reproduction and Distribution
Week 11
Draft EIR 45 -day Public Review Period
Week 12-19
Prepare RTC
Week 20-22
City Review of the RTC `
Week 23-24 '.
Prepare Findings of Fact and Statement of Overriding Week 23-24
Considerations
Revise RTC and Prepare Final EIR Week 25 26
City Review of the Findings of Fact and Statement of Week 25-26
Overriding Considerations
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Harbor Pointe Senior Living Project
Finalize of the Fin
Considerations
Task 3: Mitigation Monitoring and Reporting Program
City Review of Draft MMRP Week 23-24
Finalize MMRP i f x ry ti z `r` y f` x f,: 2 Week 25-26, . th
Submit Final MMRP Week 26
Task 4: Notice of Determination r r
Prepare Draft NOD Upon Final EIR Certification
City Review of Draft NOD ; '' ` f r t� r 41-0 TBD
.. ,Fe
Finalize and file NOD ; TBD
r Task 5: Project Management, Meetings, and Public Hearings 'A �fi" 11 W E L x, s r x
,, , " . .
Project Management Through Project Completion
Project Meetings --
Public Hearings (two Planning Commission and two City
Council)
R:1Projects\NEW\3NEW003100\SOWs\SOW Harbor Pointe EIR-082516.docx
Three Meetings (TBD)
TBD
Work Schedule
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Harbor Pointe Senior Living Project
FEE ESTIMATE
HARBOR POINT SENIOR LIVING PROJECT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
August 25, 2016
Task Description Fee
BonTerra Psomas Professional Fees
Task 1
Notice of Preparation/Scoping Meeting
$4,890.00`
Task 2
Environmental Impact Report
2.1 Administrative Draft EIR
$31,680.00
2.2 Screencheck Draft EIR
$16,780.00
2.3 Draft EIR and Distribution for Public Review
$7,460.00
2.4 Response to Comments and Final EIR
$19,210.00
3.2 Findings of Facts and Statement of Overriding Considerations
$6,220.00
Task 3
Mitigation Monitoring and Reporting Program
$2,180.00
Task 4
Notice of Determination
$510.00
Task 5
Project Management, Meetings, and Public Hearings
5.1 Project Management
$8,360.00
5.2 Project Meetings
$3,280.00
5.3 Public Hearings
$7,240.00
Subtotal
BonTerra Psomas Professional Fees
$109,860.00
ESTIMATED DIRECT EXPENSES
Traffic Analysis for the Alternatives (Urban Crossroads) $2,500.00
Reproduction $600.00
Mailing $500.00
Mileage $100.00
Miscellaneous $400.00
Subtotal Direct Expenses $4,100.00
TOTAL FEE ESTIMATE TASKS 1-4 $112,110.00
The fees associated with Task 1 are for the scoping meeting. The costs for the NOP were accommodated within
the existing budget.
Fee Estimate
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Harbor Pointe Senior
FEE ASSUMPTIONS FOR THE EIR
1. Modifications to the Project assumptions after the technical analysis has been initiated may require a
scope and budget augment.
2. No stand-alone technical documents will be provided for the following analyses:
Air Quality
Greenhouse Gas Emissions
IN Noise
3. Additional review cycles and/or revisions to the EIR may require a budget augment.
4. No Project meetings other than those outlined in this Scope of Work are assumed; additional meetings
and/or hearings can be attended on a time and materials basis.
5. Direct costs are based on best available information. Document submittals will be made
electronically, except as indicated above.
6. Delays in the schedule after the Project has been initiated may require a budget augment.
7. The additional traffic analysis is a qualitative evaluation of the alternatives and a limited number of
hours for responses to comments. No detailed traffic study will be provided.
8. Supporting design concepts for the alternatives will be provided by the applicant.
9. Cross-sections showing the height of the Project in relationship to surrounding uses will be provided
by the applicant.
Fee Estimate
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Attachment C
Project Site Exhibit
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