HomeMy WebLinkAbout13 - Proposal for Newport Dunes Resort Environmental Impact ReportCITY OF NEWPORT BEACH
E`w �kT COMMUNITY AND ECONOMIC DEVELOPMENT
Hearing Date:
PLANNING DEPARTMENT
Agenda Item No.:
_I. NEWPORT BOULEVARD Staff Person:
NEWPORT BEACH, CA 92658
(949) 694'31,-. FAX (949) 644-3150
REPORT TO THE MAYOR AND CITY COUNCIL
September 28, 1998
13
Patrick J. Alford
(949) 644 -3235
SUBJECT: Proposal for Newport Dunes Resort Environmental Impact Report
SUMMARY: A professional services agreement for consulting services to prepare an
environmental impact report for the Newport Dunes Resort project.
SUGGESTED
ACTION: Approve the professional services agreement with LSA Associates for the
preparation of an environmental impact report for the Newport Dunes Resort
project.
Background
The initial study for the Newport Dunes Resort project identified potentially •significant adverse
environmental impacts that could be reduced to a level of insignificance with mitigation measures. A
draft mitigated negative declaration was then prepared and distributed for public review in June 1998.
However, based on comments received from responsible and trustee agencies and the public during the
public review period for the draft mitigated negative declaration, it was determined that an environmental
impact report should be prepared.
Analysis
The Planning Department has received a proposal from LSA Associates to provide research and analysis
for the preparation of an environmental impact report (EIR) for the Newport Dunes Resort project. The
proposal sets the costs for these services at $79,500.00. City Council Policy F -14 specifies that contracts
in excess of $30,000.00 must be submitted to the City Council for approval before the contract is
awarded.
The proposal contains a scope of work, project schedule, and a cost breakdown for the EIR. The
preparation of the EIR includes an analysis of environmental impacts, mitigation measures, and
reasonable project alternatives and the preparation of responses to comments. The scope of work also
includes meetings with staff and attendance at meetings of the Environmental Quality Affairs Committee
(EQAC), Planning Commission and the City Council.
The project schedule estimates completion of the final EIR by March 1999. The final EIR is the
document that will be submitted to the Planning Commission and City Council for review and approval.
The final EIR includes responses to comments received during the required forty- five - -(45) day public
review period.
The fee for these environmental services is "not to exceed" $79,500.00. The fee includes the cost of
subconsultant studies of potential noise, air quality and biological impacts. The fee also includes the
printing costs for the draft EIR and the final EIR.
The Planning Department has reviewed the proposal and determined that the services that will be
provided meet or exceed the minimum requirements set forth by the California Environmental Quality
Act. Should the City Council approve the proposal, the applicant will pay for the costs for the EIR plus
an administrative fee covering the time spent by City staff on preparing and processing the EIR.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICK J. ALFORD
Senior Planner
/ *PE?L
Attachment: Proposal from LSA Associates for the Newport Dunes Resort EIR.
GPA 98 -2 (B)
August 24. 1998
Page 2
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this _day of October, 1998, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and LSA Associates, Inc. whose address is One Park Plaza, Suite 500,
Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to prepare and process an environmental impact report for the
Newport Dunes Resort ( "Project').
C. City desires to engage Consultant to provide environmental services for
the project upon the terms and conditions contained in this Agreement.
D. The principal member of Consultant, are for purpose of this Project, Mr.
Robert W. Balen.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of October,1998,
and shall terminate when the City Council takes final action on the environmental impact
report, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of seventy thousand dollars ($79,500.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit invoices to City payable by City within thirty (30)
days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
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standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is in
compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Mr. Robert W. Balen to be its
Project Manager. Consultant shall not remove or reassign the principal members
identified in the Recitals or assign any new or replacement person to the Project without
the prior written consent of City. City's approval shall not be unreasonably withheld with
respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule, may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
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12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence of City, or its employees, or other contractors, excepting
only the sole negligence or willful misconduct of City, its officers or employees, and shall
include attorneys' fees and all other costs incurred in defending any such claim.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
one million dollars ($1,000,000.00) combined single limit per occurrence
for bodily injury, personal injury and property damage. If commercial
general liability insurance or other form with a general aggregate is used,
either the general aggregate shall apply separately to this Project, or the
general aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of one million dollars
($1,000,000.00) combined single limit per accident for bodily injury and
property damage.
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D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of
one million dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this
Agreement by City or persons other than Consultant is waived against Consultant and
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City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy of
all existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without independent review or
evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
7 �I
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional design, construction and /or a restoration expense shall be borne by
Consultant. Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
8
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200 (Voice)
(949) 644 -3229 (Fax)
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc.
One Park Plaza, Suite 500
Irvine, CA 92614
(949) 553 -0666 (Voice)
(949) 544 -3067 (Fax)
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
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implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
08 -1898
10
CITY OF NEWPORT BEACH
A Municipal Corporation
0
Mayor Thomas Edwards
for the City of Newport Beach
CONSULTANT
in
12
PROPOSALTO
PREPARE AN
ENVIRONMENTAL
IMPACT REPORT FOR
NEWPORT DUNES
HOTEL
September 18, 1998
Prepared for:
City of Newport Beach
12)
PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT
FOR NEWPORT DUNES HOTEL
September 18, 1998
Prepared for..
City of Newport Beach
Attn: Mr. Patrick Alford
Prepared by:
LSA Associates, Inc.
1 Park Plaza, Suite 500
Irvine, California 92714
(714) 553 -0666
N
TABLE OF CONTENTS
LSA Associates, Inc.
PAGE
SECTION 1.0 SCOPE OF SERVICES . ............................... 1
PROJECT APPROACH .............. ..............................1
Task 1:
Project Initiation .... ............................... 1
Task 2:
Initial Study/Environmental Checklist/Notice of Preparation . 1
Task 3:
Screencheck EIR .... ............................... 1
Task 4:
Draft EIR .......... ............................... 2
Task 5:
Final EIR .......... ............................... 2
PROJECT MANAGEMENT/ATTENDANCE AT MEETINGS ................ 3
PRODUCTS...................... ..............................4
SPECIFICATIONS REGARDING WORK TO BE DONE BY CONSULTANT
AND WORK TO BE DONE BY THE CITY ....................... 4
TECHNICAL APPROACH/METHODOLOGY ........................... 5
Traffic Analysis ............ ............................... 5
Air Quality and Noise Impact Assessment ...................... 5
LandUse .................. ..............................5
Recreation/Access and Coastal Act Consistency .................. 6
Public Services/Energy/Utilities .............................. 6
Consistency with Water Resource Management Plans ............. 6
Hydrol ogy................. ..............................6
Biological Resources ....... ............................... 7
Potential Hazards Associated with Grading ..................... 7
Aesthetic and Visual Impact Analysis .......................... 7
Cumulative Impacts ........ ............................... 9
Growth Inducing Impacts ... ............................... 9
Effects Found Not to be Significant ........................... 9
Alternatives ................ ..............................9
SECTION 2.0 BUDGET .......... ............................... 10
SECTION 3.0 PROPOSED PROJECT SCHEDULE ...................... 10
ATTACHMENTS
A - Schedule of Contract Provisions and Billing Rates
B - Proposed Project Schedule
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LSA Associates, Inc.
SECTION 1.0 SCOPE OF SERVICES
This scope of work is to prepare a Focused Environmental Impact Report (EIR)
for the Newport Dunes Hotel in the City of Newport Beach. The work effort
will include the following tasks.
PROJECTAPPROACH
Task 1: Project Initiation
LSA will meet with City Planning Department staff to define and finalize the
project description, develop a mutual understanding of the issues and impacts
of the project, and refine the level of detail required in the EIR. LSA proposes
to incorporate as much of the analysis in the previously prepared Negative
Declaration as possible
During the project initiation task, LSA will review existing information and the
Initial Study and Notice of Preparation with City staff to focus on the issues
necessary to cover in the EIR, prior to proceeding with detailed document
preparation (Tasks 3 and 4). This will include more specific details to be added
to the description of alternatives to be analyzed.
During this phase, it is also important to establish clear and concise project
objectives. Project benefits and City objectives for the project should be intro-
duced into the public record in the EIR, as provided by CEQA. These project
objectives will be used throughout the EIR to measure impacts and weigh
project alternatives. In addition, overriding considerations may be required
that will need to address project objectives.
Task 2: Initial Study /Environmental Checklist /Notice of Preparation
LSA will review the Notice of Preparation (NOP) prepared by the City for the
proposed project. The NOP can be used to help focus the issues to be ad-
dressed in the EIR and the reasons and rationale for excluding environmental
topics from further analysis in the EIR. The NOP contains a description of the
analysis to be provided in the EIR, and the reasons for determining that some
effects would not be significant.
Task 3: Screencheck EIR
LSA will prepare a Screencheck EIR for review by the City. The detailed tech-
nical investigations and methodologies for each environmental topic are de-
scribed in further detail later in this proposal.
The document will contain all applicable environmental components required
by CEQA, including Introduction, Background, Project Description/
Characteristics and Discretionary Approvals; Setting, Impacts, and Mitigation
and CEQA topics (i.e., Growth Inducement), Alternatives, and lists of referenc-
9 /17/98KPACNB834W EWPORT. PRO��
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LSA Associates, Inc.
es, persons consulted, and EIR preparers. The Screencheck that is submitted to
the City will not include an Executive Summary Section, so as to save time on
the schedule and avoid redundant reviews. After this review and approval of
the Screencheck is accomplished, a second Screencheck document, with the
Executive Summary included, will be provided to the City for final review.
Task 4: Draft EIR
LSA will meet in a workshop format with City departments to receive comments
on the Screencheck Draft EIR. Rob Balen, Principal in Charge, will attend this
workshop. This meeting will provide a clear understanding of the City's
expectations for the Draft EIR, and will provide a forum to resolve all issues in
an expedited manner that will avoid multiple rounds of review, correction, and
re- review.
After receiving comments on the Screencheck Draft EIR, the LSA team will make
necessary revisions to the document and supporting technical studies.
We will provide a pre -print version of the Draft EIR to the staff for a limited
final review prior to printing the Draft EIR. The purpose of this review will be
to review the Draft EIR to ensure that the City is satisfied with the new and
revised text. At the pre -print stage, no substantive changes to technical analyses
or EIR conclusions are provided for in the schedule or budget.
Prior to completion of the Draft EIR, LSA will work with the City to compile the
distribution list, and will prepare a draft Notice of Completion for City review
and signature. Concurrent with preparation and printing of the Draft EIR, LSA
will prepare mailing envelopes and certified mail forms (a total of up to 20 is
specified). LSA will utilize a delivery service or Federal Express to ensure that
State Clearinghouse copies are clocked in on schedule. If necessary, LSA Sacra-
mento staff will deliver copies directly to the Clearinghouse in order to meet
the proposed schedule.
LSA will distribute the Draft EIR (20 copies to be distributed by LSA) to the
agencies, groups, and individuals on the distribution list. Ten copies for the
City's use and placement in libraries will be delivered to City Hall.
A Notice of Availability of the Draft EIR will be provided to the City for place-
ment in one general circulation newspaper. LSA will provide a photo ready dis-
play ad to the City.
Task 5: Final EIR
Response to Comments, Proposed Final EIR
As comments on the Draft EIR are received during the public review period,
LSA will prepare responses to those comments. City assistance is specified in
this task. The responses will be assembled into the response to comments
component of the Final EIR and submitted to the City for review. Because the
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LSA Associates, Inc.
extent of public and agency comments are not known at this time, it is ex-
tremely difficult to accurately predict the level of effort necessary to respond to
those comments. A maximum of 40 LSA staff hours is specified for this task.
Should additional time be necessary to prepare responses to comments, a
budget adjustment may be necessary.
Following City review of responses to comments, LSA will prepare a proposed
Final EIR, which will consist of responses to comments and supporting
appendices material, as well as any modifications that may need to be made to
the Draft EIR document, specified to be accomplished through preparation of
an errata or addendum document, if deemed necessary by mutual agreement of
LSA and the City. A revision of the Draft EIR that incorporates corrections/
modifications resulting from the Responses to Comments is not provided for in
this scope of work and budget.
Mitigation Monitoring Program
Once the Draft EIR is distributed, pursuant to California Public Resources Code
Section 21081.6, LSA will prepare a mitigation monitoring program. The moni-
toring program is intended to ensure that conditions are implemented during
construction. The monitoring program will contain an inventory of mitigation
measures, timing for implementation (e.g., prior to issuance of grading per-
mits), the responsible City staff assigned to monitor the condition, and a com-
pliance /non - compliance statement.
Findings of Fact, Statement of Overriding Considerations
LSA will prepare findings of fact supporting the conclusions of the proposed
Final EIR to be incorporated into a resolution certifying the Final EIR as ade-
quate and complete. If the EIR identifies significant unavoidable impacts, LSA
will also prepare a Statement of Overriding Considerations. These documents
will be patterned after existing City documents, will meet the requirements
contained in Sections 15091 through 15093 of the State CEQA Guidelines, and
will fully address all facts and findings, project benefits, and project impact and
benefit balancing considerations required of a statement of overriding consider-
ations.
PROJECT MANAGEMENT /ATTENDANCE AT MEETINGS
LSA proposes an active project management of the EIR effort, in coordination
with City staff. LSA will follow our well defined and rigorous Quality Control
Plan and Procedures adopted by our Principals in October, 1993. Of primary
importance in this task are meetings required with City staff and representatives
of the applicant to review work progress and identify concerns and issues
throughout the process. The project management role provides a mechanism
to ensure that there is adequate exchange of information developed during
project start -up and throughout preparation of the EIR. Important elements of
this task will be to maintain the project schedule, control the budget, coordi-
9 /17t98KPACNB834W EWPORT. PRO�� S
PRODUCTS
1.14 Associates. Inc.
nate subconsultants, and facilitate the City's oversight of the preparation of the
DEIR and FEIR Since there is a substantial amount of information that is avail-
able under the previous environmental work effort, the number of coordina-
tion meetings that would be required is greatly reduced. LSA specifies no more
than four coordination meetings, averaging two hours duration.
LSA commits that a qualified Associate or Principal will be available for con-
tracted meetings and hearings. The Project Manager and Principal in Charge,
Mr. Rob Balen, will attend up to three public meetings/hearings and the speci-
fied coordination meetings. Mr. Balen has a conflict on the second and fourth
Tuesdays of each month through November 30, 1998, and is not available on
these days.
• Screencheck Draft EIR/
Appendices
• Pre -print Draft EIR
• Draft EIR
• Notice of Availability of Draft
EIR
• Proposed Response to
Comments
• Proposed Final EIR (RTC, Er-
rata and Draft EIR)
• Findings of Fact/Statement of
Overriding Considerations
• Notice of Determination
5 copies
5 copies
1 camera ready and 10 copies for
City; 20 copies of DEIR, including
appendices for LSA distribution
1 photo ready copy announcing
availability of Draft EIR for public
review
5 copies for the City
1 camera ready copy for City; 20
copies for LSA distribution to com-
menting agencies and individuals
and 30 for City distribution
1 camera ready copy for City use
2 copies filed with County Clerk
and 1 copy for OPR
SPECIFICAT IONS REGARDING WORK TO BE DONE BY CONSULTANT AND WORK TO
BE DONE BY THE CI7Y
Our proposal is based upon the following information, data and materials
being supplied to LSA by the City of Newport Beach or the developer:
1. Detailed project description for all aspects of the project, including site
plans, elevation perspectives, access details (including resolution of
Bayside Drive access and bicycle lane issues), and on -site circulation
and parking analysis requirements, as approved by the City.
9/ [ 7/98«P: \CNB834\N E WPORT. PRO»
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IS4 Associates, Inc.
2. Geotechnical studies and other relevant seismic information for the
area, including precise mapping of Alquist - Priolo Special Study Zone
areas and liquefaction areas.
3. City approved hydrology reports and drainage plans.
4. City adopted project plans and EIRs for projects in the area.
5. An aerial photo of the project site and surrounding land uses.
6. On -site and off -site infrastructure improvement plan.
7. Project elevation perspectives, cross sections, and view simulations.
8. Detailed lighting plan including shade types, elevation of pole lighting
and placement of wall security lighting.
TECHNICAL APPROACH /METHODOLOGY
The methodology for addressing each environmental topic is described below.
Traffic Analysts
LSA will rely on a technical traffic analysis and parking demand study report
prepared by Wes Pringle Associates, already under contract to the City's Public
Works Department. We will review the report for completeness and adequacy
for CEQA purposes and summarize the technical report for use in the EIR.
Air Quality and Noise Impact Assessment
Land Use
LSA will rely on a technical analysis of regional and local air quality impacts
prepared by Mestre Greve Associates, submitted with this EIR scope of work as
an attachment. We will summarize the report for use in the EIR.
LSA will utilize a technical noise impact analysis report to be produced by
Mestre Greve Associates. The application of the City (County) Noise Ordinance
to control construction noise will be discussed. We will summarize the techni-
cal report for inclusion in the EIR. LSA will administer the contract with Mestre
Greve Associates on behalf of the City.
There are two basic land use/environmental compatibility issues associated with
the project: 1) conversion of underutilized properties to commercial hotel
uses; and 2) compatibility of intensified land uses with nearby uses. Consis-
tency with the City's General Plan goals and objectives, and the City's zoning
requirements will also be assessed. LSA will assess the effects of the project on
9 /17/98KP: \CNB834\N Ea'PORT.PRO»
),d
LSA Associates, Inc.
the City's development strategies and land use compatibility policies included
in the General Plan.
Recreation /Access and Coastal Act Consistency
The change from partial public access and use as a recreational vehicle park to
hotel use will be assessed. Because there is no firm methodology for such an
analysis, LSA will draw on available information (such as recreational vehicle
use from the traffic study) and public use factors to prepare this analysis.
Information and policies from the LCP and Coastal Act requirements will also
be utilized in the analysis. Consistency with the California Coastal Act will also
be assessed.
Public Services/Energy/Utilities
This section will be based upon public service agencies' and utility providers'
responses to the NOP and direct surveys of service providers by LSA. The
ability of each agency and utility to provide necessary service will be described.
Capacity of the City's water and sewer Master Plans will be described in relation
to anticipated growth in the project area.
Consistency with Water Resource Management Plans
Hydrology
Pursuant to Sections 10910 -10915 of the State Water Code, all affected water
purveyors must be notified of a proposed project that requires a General Plan
amendment and asked whether water demand associated with the proposed
project has been included and assessed in the water purveyors' "urban water
management plans." According to Section 10910(f), water purveyors are given
30 days to provide a written response to this request. LSA will contact the
responsible water purveyor to request a written response regarding capacity to
serve the proposed project. Once LSA has received this information, it will be
incorporated into the EIR.
LSA will summarize the findings of a hydrology /drainage assessment provided
by the project applicant and recommendations identified in the assessment to
mitigate potential hydrological, drainage, and soil erosion impacts. LSA will
coordinate with the developers hydrologist to obtain appropriate water quality
analysis and develop mitigation related to urban runoff, nuisance flows, and
"fast flush" storm event effects of drainage entering Upper Newport Bay. LSA
will incorporate this information after City review and acceptance of the devel-
oper's report.
9 /17/98- P: \CNB834\NEWPORT.PRO»
Al
LSA Associates, Inc.
Biological Resources
LSAwill use a technical biological resources impact assessment report prepared
by Pacific Southwest Biological Services to prepare a section for the EIR. We
will report the professional opinions and conclusions included in the report
regarding the environmental impacts to the terrestrial and aquatic resources
affected by the project, if any. LSA will perform peer review of the report prior
to inclusion into the EIR to assure completeness and adequacy for CEQA pur-
poses.
Potential Hazards Associated with Grading
The EIR will not address removal of the existing dredging fill or any site
remediation. It will be acknowledged that, in order to develop the hotel, the
site will need to be cleared and excavated, but such clearance is a separate
action, not part of the proposed project, and the grading and removal of
dredge material has been accomplished or will be finished prior to initiation of
development.
Aesthetic and Visual Impact Analysis
Fxisting Visual Character
The existing visual character of the project site will be defined based on site
reconnaissance, site photos and definition of distance zones and descriptive
visual characteristics for the project site. LSA will utilize the existing site eleva-
tions and view simulations. However, it is our opinion that the information
supplied in the Negative Declaration should be supplemented with cross sec-
tions and additional view analyses from closer points of view. LSA will coordi-
nate the City s request to the applicant for this additional technical information.
The location of possible additional representative existing views from the site
and onto the project site from visual receptors will be determined jointly with
the City and the applicant. Composite photographs, perspective drawings,
sight line exhibits, cross section exhibits, and photographic simulations shall be
provided by the applicant, as directed by the City. These photographs and
materials will be analyzed based on the following distance zones and descrip-
tive visual characteristics.
Distance Zones
Views of the project site will be analyzed by establishing three basic viewing
distance zones. These distance zones characterize the dominant visual charac-
ter from a vantage point, and describe the view in terms that can be quantified
and compared.
9 /17/98-P:\CNB834W EWPORTTRO» 7
!SA Associates, Inc.
Foreground
Foreground views include elements that can be seen at a close distance and
that dominate the entire view.
Middle Ground
Middle ground views include elements that can be seen at a moderate distance
and that partially dominate the view.
Background
Background views include elements that are seen at a long distance and typi-
cally do not dominate the view, but are part of the overall visual composition of
the view.
Descriptive Visual Characteristics
The visual characteristics of the existing project area, the surrounding areas and
landforms near the project site will be categorized based on descriptive visual
characteristics. These visual characteristics are defined by topographic condi-
tions, vegetative cover, development intensity and land uses, as follows: urban,
semi -urban and disturbed valley /foothill/bay view.
Threshold of Significance for Visual Analysis
Appendix G of the State CEQA Guidelines indicates that a project will normally
have a significant effect on the environment if it will:
Conflict with adopted environmental plans and goals of the community
where it is located; and/or
Have a substantial, demonstrable, negative aesthetic effect.
In addition, the relationships between the severity of the impacts to specific
visual characteristics, the location of the visual impacts relative to sensitive land
uses, and the direct viewing opportunities associated with these visual impacts
will be used to determine substantial aesthetic effect.
Visual Impact Analysis and Mitigation Measures
The visual impact analysis will utilize the existing conditions described earlier
in the report, and will allow an analysis of before and after conditions through
the use of sight lines, cross sections, and photographic view simulations. The
photographs will depict existing conditions in the study area. View simulations
provided by the applicant will allow an examination of the visual effects of the
9 /17H8-PACNB834WEWPORT.PRo» 8
LSA Associates, Inc.
proposed project as viewed from key viewpoints selected by the City at the view
intervals described above. Analysis of six views has been included in the budget.
Cumulative Impacts
The cumulative impacts of the project will be described, based upon potential
projects in the vicinity. LSA will research potential cumulative projects and
prepare a list. This list, along with other input from the City of Newport
Beach's traffic consultant for cumulative traffic growth on the regional arterials
will also be utilized. This information, in turn will provide input to the noise
and air analysis.
For other impacts, such as land use, coastal issues, marine biology, and aesthet-
ics, a more focused cumulative project analysis will be conducted, based on
reasonably foreseeable projects that might contribute to cumulative effects with
the project.
Growth Inducing Impacts
The potential growth inducing aspects of the project may not be discussed in
the EIR. Given the developed nature of the surrounding area and the General
Plans in the area, the project is not anticipated to result in growth inducement.
LSA will further discuss the approach with City staff.
F,,B'ects Found Not to be Significant
Alternatives
Findings on effects found not to be significant will be prepared. This is a very
important section in a Focused EIR. This section will bring forward the issues
addressed in the Initial Study that are determined to have no significant impact,
and will provide the rationale for not receiving full analysis in the EIR. Based
on our understanding of the project, this section will address the Initial Study
(CEQA) Checklist items that are not analyzed more extensively in the EIR. For
example, this could include the topics of population, growth inducing effects,
and public health and safety impacts that may not be addressed further in the
EIR.
An alternatives analysis will be provided. This section will analyze three project
alternatives consistent with project objectives and plans. The alternatives
analyzed in the EIR will be alternatives that could avoid or lessen potentially
significant impacts, and will include a General Plan build out alternative, an-
other less intensive alternative that would include provisions for affordable
overnight accommodations, possibly retaining all recreational vehicle spaces
proposed to be removed by the proposed project and one design alternative.
The EIR will also address a No Build Alternative.
9 /17/98- MCN13834WhwPORT.PRO» 9
P
can,. h, :I SA Qq Snr..I AT FS 1Nr. C,.,91 -gR Rt:dprn fr.nn 714 957 R917r,4g4g A44 :t7'?g
(S4 A.ssosiates Ix
SEcnON 2,0 BUDGET
Our proposed budget is an estimate based on our understanding of the project
and the desired servirrs This ixit4udes report prcpmation, reproduction, and
disrribution. This budget is subject to adjustment based upon City of Newport
Beach direcrives and scoping reyuiremcmta, m addressed in Task 1. V'r. piu-
pose to accomplish these tasks on an hourly basis subject to the attached rates
and provisions in Attachment A. 'Phis amount will not be exceeded Without
Your approval.
Tavk
Pee Proposed
1.
Project Initiation
92,660
2.
NOP/Initial Study Review
$610
3.
Screencheck CTRCit) ' Review
$31,815
A.
Sub - consultants (air quality, noise,
513,000
and biological)
5.
Draft F.1IJNoticc of availability
$7,300
6.
MMRP
$62U
7.
Final FIR (includes Response to
Cotnmcnts Resolution /Notices)
$6,"45
S.
Project Management, Meetings &
$5,770
Hearings
Reimbursablesl
$8,380
EIR Subtotal
$751,50
GRIND Total
$79,500
SECTION 3.0 PROPOSED PROJECT SCHEDULE
The proposed project schedule is shown on Attachment B to this proposal. V re
McOguicc dial tiulcly t umplction of this project (s a very important factor.
I Estimate based on Draft EIR cost of $7018) r copy.
pY•
rage 7/ 7
9!1 ?ma�r:',Ctvu8711NEWPOIrr.PRO- 7 0
r�
LSA Associates, Inc.
ATTACHMENT A
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERV ICES
Fixed -Fee Contracts
If a fixed -fee proposal, the professional services described in the Scope of
Services section of the attached proposal shall be provided for the fixed fee
noted in the Compensation and Terms section of the proposal. NI other pro-
fessional services are considered extra services. Extra services shall be provided
on a time and expenses basis at the same rates specified for hourly contracts
unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the
Scope of Services section of the attached proposal shall be provided on a time
basis at current hourly rates. These rates are as shown on a Rate Schedule that
is attached or can be made available. Hourly rates are subject to review at least
annually on or about July 1 each year, and may be adjusted to reflect changing
labor costs at our discretion at that time.
Out of pocket expenses shall be reimbursed at cost plus 10 %, unless other
arrangements are made in advance, and are not included in the hourly fee for
professional services. Out of pocket expenses include, but are not limited to,
costs of: 1) reproduction of reports and graphics furnished or prepared in
connection with the work of the contract, 2) long distance telephone and
telegraph charges, 3) laboratory services, 4) automobile travel at 31 cents /mile,
5) truck travel at 46 cents /mile, 6) other travel, subsistence, vehicle rental, and
lodging in connection with the work of the contract, 7) fees of specialized con-
sultants retained with the approval of the client and 8) facsimile transmittals at
one dollar per page.
The total estimated amount of time and expenses noted in the Compensation
and Terms section of this proposal will serve as a control on the services to be
provided. The specified amount will not be exceeded without prior approval of
the client.
FREQUENCY OF BILLING
Monthly invoices shall be submitted for progress payment based on work
completed to date. Out of pocket expenses shall be billed on the same mon-
thly invoice and shall be identified as a separate item.
9/17/98- P:\CNB834W EWPORT.PRO»
W
!S4 Associates, Inc.
PAYMENT OFACCOUNTS
Accounts are due and payable upon receipt of invoice. A service charge of 11 /z%
of the invoice amount (18% annual rate) may be applied to all accounts not
paid within 30 days of invoice date. Any attorney's fees or other costs incurred
in collecting any delinquent amount shall be paid by the Client.
TERMINATION OF SERV ICES
These services may be terminated upon ten days written notice for good reason
by either parry. In this event, payment for all services and expenses incurred
prior to the date of termination shall be due and payable upon receipt of final
invoice in accordance with the provisions of the foregoing section.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said
proposal shall be considered revoked if acceptance is not received within 90
days of the date thereof, unless otherwise specified in the proposal.
9 /17198 «P; \CNB834W EWPORT.PRO» L
LSA Associates, Inc.
HOURLY BILLING RATES - EFFECTIVE AUGUST, 1998'
Job Classification
Hourly Rate'
PRINCIPAL
$100 -165
ASSOCIATE/PROJECT MANAGER
$ 75 -130
ASSISTANT PROJECT MANAGER
$ 50 -85
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST
$ 45 -80
ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER
$ 40 -70
FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGY/BIOLOGY)
$ 45 -60
RESEARCH ASS ISTANT/I'ECHNICIAN
$ 25 -50
FIELD CREW
$ 20 -45
GRAPHICS
$ 65
OFFICE ASSISTANT
$ 40
WORD PROCESSING
$ 60
' Revised August, 1998
' The hourly rate for work involving actual expenses in court, giving
depositions or similar expert testimony, will be billed at $200 per hour
regardless of job classification.
9 /17/98 «P: \CNB834W EPORT.PRO» 3
LSA Associates, Inc.
ATTACHMENT B
PROPOSED PROJECT SCHEDULE
9 /17/98�P: \CNB833 W EWPORT.PRO*
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