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HomeMy WebLinkAboutAGMT - P&D Consultants (Hellman Ranch Specific Plan EIR Prep) AGREEMENT FOR CONSULTING SERVICES - HELLMAN RANCH SPECIFIC PLAN EIR PREPARATION 1 THIS AGREEMENT. is made and entered into this /91-1 day of 2 I _ �A , 1996, by and between the CITY OF SEAL BEACH (hereinafter called 3 "CITY"), and P&D ENVIRONMENTAL SERVICES, (hereinafter called "CONSULTANT"). 4 RECITALS 5 WHEREAS, the approval of a fie /a N (the "project") for a 6 parcel of land located in the City of Seal Beach has been requested by Hellman Properties, (the 7 "developer"); and 8 WHEREAS, the California Environmental Quality Act, the State EIR Guidelines, 9 and the CITY's local EIR Guidelines require the preparation of an Environmental Impact Report 10 (hereinafter "EIR") prior to the CITY's decision on the project; and 11 WHEREAS, CONSULTANT represents that it is able to prepare the EIR in 12 conformance with all applicable laws and guidelines; D:\W P5I\HELLMAN\P&D.AGR\LW\I I-08-96 • • Consultant Agreement -- P&D Environmental Services Hellman Ranch EAR November, 1996 1 NOW, THEREFORE, the parties agree as follows: 2 Section 1. Consultant's Services. CONSULTANT agrees to 3 perform professional services in connection with the project as set forth in the Statement of 4 Work set forth in Exhibit A hereto, which is incorporated herein by this reference. Further 5 CONSULTANT agrees to perform the following services: 6 (a) CONSULTANT shall prepare an Environmental Impact Report 7 (EIR) for CITY on the project known as the Hellman Ranch Project and other materials related 8 to the project on file with the CITY. Such materials shall be made available to CONSULTANT. 9 The EIR shall be prepared in compliance with all applicable laws including Chapter 7C and 10 Articles 17 and 29.5 of Chapter 28 of the Code of the CITY, as amended, the California 11 Environmental Quality Act (hereinafter referred to as "CEQA"), as amended, and the State RR 12 Guidelines, as amended. 13 If changes to existing laws, rules, regulations or policies of any 14 state, federal or local governmental authority having jurisdiction over the project occur during 15 the term of this Agreement that require modification of the RR, CONSULTANT will perform 16 such additional services on a time-and-materials basis. D:\WP51\HELLMAN\P&D.AGR\LW\11-08-96 2 1\ • S Consultant Agreement -- P&D Environmental Services Hellman Ranch Ell? November, 1996 1 (b) When requested, CONSULTANT shall attend and participate in 2 meetings with CITY staff and public hearings before the CITY's Environmental Quality Control 3 Board, Planning Commission and City Council which involve the EIR. Included within the 4 compensation provided for pursuant to Section 3 of this Agreement, are the following: 5 (1) Initiation meeting with CITY staff, property owner, 6 developer and consulting team; 7 (2) Up to five (5) technical coordination meetings, including 8 three (3) meetings with staff/property owner/developer and two (2) meetings with other involved 9 public agencies; and 10 (3) Up to eight hearings or public meetings which include one 11 (1) scoping session and one (1) public hearing with the Environmental Quality Control Board, 12 three (3) Planning Commission meetings, and three (3) City Council meetings. 13 For additional meetings which CONSULTANT is requested to attend by CITY, 14 CONSULTANT shall be compensated at the rate set forth in the "Schedule of Fees" attached 15 hereto as Exhibit B and incorporated herein by reference. D:\WP51\HELLMAN\P&D.AGR\LW\11-08-96 3 S Consultant Agreement -- P&D Environmental Services Hellman Ranch EIR November, 1996 1 (c) CONSULTANT shall supply CITY with at least 2 the following documents: 3 Product Copies 4 Notice of Preparation/ 5 Initial Study (NOP/IS) 1 6 Screencheck Draft Environmental 7 7 Impact Report (SEIR) 8 Notice of Completion (NOC) 1 9 Draft Environmental Impact 40 10 Report (DEIR) 11 Final Environmental Impact 25 12 Report (FEIR) 13 Notice of Determination (NOD) 1 14 (d) CONSULTANT shall respond in writing, in the manner required 15 by CEQA and the State and local Guidelines, to those comments raised by CITY's staff and 16 public review of the Draft EIR, in order to facilitate the completion of the Final 17 FIR. D091/4.'951 HELLN1AN\P&D.A0R1LWNI 1-08-96 4 • • Consultant Agreement -- P&D Environmental Services Hellman Ranch E1R November, 1996 1 Section 2. Time of Performance. CONSULTANT shall timely perform 2 such services as follows: 3 (a) The "Draft Notice of Preparation/Initial Study (NOP/IS)" shall be 4 completed and delivered to CITY's staff and property owner/developer for review within fifteen 5 (15) days of receipt by CONSULTANT of the properly executed copies of this Agreement. 6 (b) The CITY and property owner/developer shall respond in writing 7 with any comments or corrections to the "Draft Notice of Preparation/Initial Study (NOP/IS)" 8 within ten (10) days of receipt from CONSULTANT 9 (c) The "Final Notice of Preparation/Initial Study (NOP/IS)" shall be 10 completed and delivered to CITY's staff and property owner/developer within five (5) days of 11 receipt by CONSULTANT of the comments by CITY and property owner/developer on the 12 "Draft NOP/IS". CONSULTANT shall be responsible for distribution of the Final NOP/IS to 13 all appropriate agencies and persons. 14 (d) The Screencheck Draft FIR shall be completed and delivered to 15 CITY's staff and property owner/ developer for review within ninety (90) days of delivery to 16 CITY of the Final Notice of Preparation/Initial Study. D:\WP5I\HELLMAN\P&D.AGR\LW\I1-08-96 5 • • Consultant Agreement -- P&D Environmental Services Hellman Ranch EIR November, 1996 1 (e) CITY staff comments on the Screencheck Draft EIR shall be 2 delivered to CONSULTANT within twenty (20) days following delivery of such Screencheck 3 Draft EIR to the CITY. 4 (0 The Draft EIR shall be completed and delivered to CITY within ten 5 (10) days of receipt by CONSULTANT of CITY comments. 6 (g) The Final EIR shall be completed and delivered to CITY within 7 twenty (20) days after the end of the forty-five (45) day review period of the Draft EIR. 8 The foregoing time schedule may be modified by the mutual written consent of 9 the parties hereto. 10 Section 3. Compensation. CITY agrees to compensate CONSULTANT, 11 and CONSULTANT agrees to perform the tasks and deliver the products outlined in Exhibit A 12 for a fixed fee not to exceed $ 132,000.00. 13 Not included in this fixed fee are the costs incurred for attending meetings beyond 14 those specified in Section 1.(b) of this contract, the unavailability of key data such as traffic 15 volumes, analysis of key issues in addition to those identified in Exhibit A, changes in the D:\WP51\HELLMAN\P&D.AGR\LW\11-08-96 6 • • Consultant Agreement -- P&D Environmental Services Hellman Ranch E[R November, 1996 1 project description, plans or scope of work requiring reanalysis or rewriting of report sections, 2 additional alternatives or an expanded evaluation of project alternatives, printing additional 3 copies of any document specified in Exhibit A, and comments on the Screencheck Draft EIR or 4 Draft EIR requiring more than the time budgeted. 5 These additional expenses will be charged on a time and materials basis at the rate 6 set forth in Exhibit B. 7 Reimbursable expenses shall mean necessary out-of-pocket expenses incurred by 8 the CONSULTANT in the performance of this Agreement for postage, printing and duplication 9 costs, and messenger costs. Reimbursable expenses shall be billable at the actual costs 10 reasonably incurred therefor, plus a 10 % surcharge. 11 Within ten (10 ) days after the last day of any month, the CONSULTANT shall 12 submit an invoice to the CITY itemizing tasks performed and reimbursable expenses. CITY shall 13 pay within thirty (30) days of receipt the amount set forth in monthly statements submitted to 14 CITY by CONSULTANT describing in reasonable and understandable detail the services 15 rendered, and fees charged and expenses incurred by CONSULTANT during the previous month 16 in accordance with the billing standards set forth in Exhibit B. D:\WP51\HELLMAN\P&D.AGR\LW\11-08-96 7 • • Consultant Agreement -- P&D Environmental Services Heninan Ranch EIR November, 1996 1 If CONSULTANT is requested by CITY to revise or supplement the Draft EIR 2 with additional data, information or analyses solely as a result of the Draft EIR's failure to 3 comply with the requirements of CEQA, or the State or local CEQA Guidelines, 4 CONSULTANT shall provide such revision or supplement at no additional cost to the CITY. 5 Section 4. Independent Contractor. CONSULTANT will act hereunder as 6 an independent contractor. This Agreement shall not and is not intended to constitute 7 CONSULTANT as an agent, servant, or employee of the CITY and shall not and is not intended 8 to create the relationship of partnership, joint venture or association between the CITY and 9 CONSULTANT. 10 Section 5. Assignment. CONSULTANT shall not assign, delegate, transfer 11 or hypothecate this Agreement or any interest therein directly or indirectly by operation of law 12 or otherwise without the prior written consent of the CITY. Any attempt to do so without such 13 consent shall be null and void and confer no right on any third party. 14 Section 6. Document Ownership. CITY and CONSULTANT agree that 15 any and all documents, studies or plans prepared as a result of this Agreement shall be the sole 16 property of CITY. All reports, information, data and exhibits prepared or assembled by 17 CONSULTANT in connection with the performance of its services pursuant to this Agreement D:\WP51\HELLMAN\P&D.AGR\LW\11-08-96 8 • • Consultant Agreement-- P&D Environmental Services Hellman Ranch EIR November, 1996 1 are confidential until released by CITY to the public and CONSULTANT agrees that they shall 2 not be made available to any individual or organization without prior written consent of the 3 CITY prior to such release. All such reports, information, data and exhibits shall be delivered 4 to CITY upon demand without additional cost or expense to CITY. The Draft FIR and Final EIR 5 shall be provided to CITY in hard copy reproducible form and also in Word Perfect 5.0 or 5.1 6 format. All charts, tables, figures, and maps which are prepared with computer-based mapping 7 or spread-sheet programs shall be provided to CITY in a format acceptable to CITY. 8 CONSULTANT shall retain unlimited rights to the future use of reports and data produced as 9 a result of this agreement. 10 Section 7. City: Liaison. CONSULTANT shall perform under the 11 general supervision of the City Manager of CITY or his designee, and all communications, 12 instructions and directions on the part of the CITY shall be communicated exclusively through 13 the City Manager or his designee. 14 Section 8. Personnel. Sylvia M. Salenius, Vice President shall be assigned 15 to, and shall have direct responsibility for management of the project. No change shall be made 16 in this assignment without the prior written approval of the CITY. CONSULTANT may secure, 17 at CONSULTANT's sole cost and expense, such other persons as may, in the opinion of 18 CONSULTANT, be needed to comply with the terms of this Agreement. If such persons are D:\WP51\HELLMAN\P&D.AGR\LW\l1-08-96 9 • • Consultant Agreement -- P&D Environmental Services Hellman Ranch EIR November, 1996 1 retained by CONSULTANT, CONSULTANT warrants that such persons shall be fully qualified 2 under applicable State, Federal and local law to perform the services for which CONSULTANT 3 retains them. 4 In addition to personnel employed directly by the CONSULTANT, CONSULTANT shall 5 have the right to engage such subcontractors as it may deem necessary to the performance of its 6 services hereunder with the prior approval of the CITY, which approval shall not be 7 unreasonably withheld. 8 Section 9. Data and Services to be Furnished by City. All information, 9 data, records, and maps as are in possession of CITY and necessary for the carrying out of this 10 work shall be available to CONSULTANT without charge. 11 Section 10. Insurance. The CONSULTANT agrees to maintain at its 12 expense, during the term of this Agreement, all necessary insurance for its employees engaged 13 in the performance of this Agreement, including, but not limited to, workers' compensation 14 insurance, and to provide the CITY with satisfactory evidence of such insurance coverage upon 15 the CITY's request. D:\W P51\HELLMAN\P&D.AGR\LW\I 1-08-96 10 Consultant Agreement -- P&D Environmental Services Hellman Ranch EIR November, /996 1 CONSULTANT further agrees that a clause substantially similar to this section will be 2 included in any subcontract executed under this contract. 3 CONSULTANT agrees to maintain in full force and effect during the term of this 4 Agreement commercial general and automobile liability insurance with limits of not less than 5 $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of any one 6 occurrence, and $500,000 for property damages or a combined single limit of$1,000,000. Such 7 insurance shall indemnify the CITY from all liability from loss, damage, or injury to persons 8 or to property arising from negligence by CONSULTANT in the performance of services under 9 this Agreement. 10 Such insurance policy shall include a severability of interests clause substantially similar 11 to the following: "The insurance afforded by this policy applies separately to each insured 12 against whom a claim or suit is made or suit is brought, except with respect to the limit of the 13 insurer's liability". 14 Such insurance shall be primary to any other similar insurance and shall name the City 15 of Seal Beach, its officers, agents and employees, as additional insureds. The insurance policy 16 shall contain a provision that prohibits cancellation, modification, or lapse without thirty (30) 17 days' prior written notice to the CITY. The insurance certificate evidencing such insurance shall D:\WP51\HELLMAN\P&D.AGR\LW\11-08-96 11 Consultant Agreement -- P&D Environmental Services Hellman Ranch E1R November, 1996 1 be submitted to the CITY for review and thereafter the CITY shall have the right to approve or 2 disapprove any insurance procured by CONSULTANT under the standards of this section. 3 Further, CONSULTANT agrees to maintain in full force and effect during the term of 4 this Agreement professional errors and omissions insurance in an amount not less than $500,000. 5 Procurement of insurance by CONSULTANT shall not be construed as a limitation of 6 CONSULTANT's liability or as full performance of CONSULTANT's duties to indemnify, hold 7 harmless, and defend under this Agreement. Notwithstanding procurement of insurance by 8 CONSULTANT, CONSULTANT's duties to indemnify, hold harmless, and defend under this 9 Agreement shall be for the full and total amount of any damage, injury, or loss caused by or 10 incident to CONSULTANT's acts or omissions under this Agreement. 11 Section 11. Indemnification. CONSULTANT agrees to indemnify and hold 12 harmless the CITY, its officers, agents, and employees from and against any and all liability or 13 expense, including defense costs and legal fees, and claims for damages of any nature 14 whatsoever, including but not limited to, bodily injury, death, personal injury, or property 15 damage arising from or connected with CONSULTANT's operations or its services hereunder 16 resulting from CONSULTANT's reckless or negligent acts, errors, or omissions or 17 CONSULTANT's willful misconduct. D:\W P51\HELLMAN\P&D.AGR\L W\I 1-08-96 12 w Consultant Agreement-- P&D Environmental Services Hellman Ranch EIR November, 1996 1 Section 12. Termination. The executory provisions of this Agreement may be 2 terminated by CITY upon ten (10) days' written notice to the CONSULTANT without further 3 action by the CITY. The executory provisions of this Agreement may be terminated by the 4 CONSULTANT upon thirty (30) days' written notice to the CITY. In the event of such 5 termination by the CITY, the CITY shall pay the CONSULTANT for work completed to the 6 date of such termination, provided such work is in a form useable to the CITY. 7 Section 13. Notice. Any notice required to be given to the 8 CONSULTANT shall be deemed duly and properly given upon delivery, if sent to 9 CONSULTANT postage prepaid to: 10 P&D Environmental Services 11 Attn: Sylvia M. Salenius, Vice President 12 1100 Town and Country Road, Suite 300 13 Orange, CA 92868 14 or personally delivered to CONSULTANT at such address or other address specified to the 15 CITY in writing by CONSULTANT. D:AWP51AHELLMANVP&D.AGR\LWVI1-O8-96 13 w a •1 Consultant Agreement -- P&D Environmental Services Hellman Ranch EIR November, 1996 1 Any notice required to be given to the CITY shall be deemed duly and properly 2 given upon delivery, if sent to the CITY postage prepaid to: 3 City of Seal Beach 4 Director of Development Services 5 211 Eighth Street 6 Seal Beach, Ca. 90740 7 or personally delivered to CITY at such address or other address specified to the 8 CONSULTANT in writing by the CITY. 9 Section 14. Entire Agreement. This Agreement, together with Exhibit A 10 hereto, constitutes the entire agreement between the parties. The CITY and the CONSULTANT 11 hereby acknowledge that they have neither made not accepted any other promise or obligation 12 with respect to the subject matter of this Agreement. 13 Section 15. Conflict of Interest. CONSULTANT hereby warrants for itself, 14 its employees, and subcontractors that those persons presently have no interest and shall not 15 obtain any interest, direct or indirect, which would conflict in any manner with the performance 16 of the services contemplated by this Agreement. No person having such conflicting interest shall D:\W P5I\HELLMAN\P&D.AGR\LW\l 1-08-96 14 w Consultant Agreement -- P&D Environmental Services Hellman Ranch E1R November, 1996 1 be employed by or associated with CONSULTANT in connection with this project. 2 CONSULTANT hereby warrants for itself, its employees, and subcontractors that no such 3 person shall engage in any conduct which would constitute a conflict of interest under any CITY 4 ordinance, state law or federal statute. CONSULTANT agrees that a clause substantially similar 5 to this section shall be incorporated into any subagreement which CONSULTANT executes in 6 connection with the performance of this Agreement. 7 CONSULTANT hereby agrees that for a period of two years following the termination 8 of this Agreement, it shall not represent or consult with, accept employment or contract with, 9 any person or entity, except the CITY, with respect to an application to the CITY for a variance, 10 conditional use permit, subdivision or parcel map, zone change, general plan amendment or any 11 other land use approval concerning the property subject to the above mentioned applications 12 whereof the CITY or any of its agencies renders its decision in any quasi-judicial or legislative 13 capacity. CONSULTANT agrees that a clause substantially similar to this section shall be 14 incorporated into any subagreement which CONSULTANT executes in connection with the 15 performance of this Agreement. 16 Section 16. Breach of Agreement. No breach of any provision of this 17 Agreement can be waived unless in writing. Waiver of any one breach of any provision shall D:\W P51\HELLMAN\P&D.AGR\L W\I 1-08-96 15 w Consultant Agreement-- P&D Environmental Services Hellman Ranch EIR November, 1996 1 not be deemed to be a waiver of any other breach of the same or any other provision of this 2 Agreement. 3 Section 17. Litigation Costs. Should any dispute under thisAgreenientlead 4 to litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the 5 prosecution of the action. 6 EXECUTED on the day and year first above stated. * * * "CONSULTANT" P&D ENVIRONMENTAL SERVICES Name of Firm ylvia LA • en . Vice Pr`sident "CITY" CITY OF SEAL BEACH /LJQdJ By City Manager D:\WP51\HELLMAN\P&D.AGR\L\V\I I-08-96 16 V Consultant Agreement --P&D Environmental Services Hellman Ranch Ern November, 1996 ATTEST: APPROVED AS TO FORM: Clerk "C it Attorney Y * * * * D:\W P51\HELLMAN\P&D.AOR\L W\11-08-96 17 V Consultant Agreement-- P&D Environmental Services Hellman Ranch E1R November, 1996 • EXHIBIT A STATEMENT OF WORK HELLMAN RANCH SPECIFIC PLAN AMENDMENT EIR D:\WP51\HELLMAN\P&D.AGR\L W\11-08-96 18 • _ V SCOPE OF WORK FOR THE HELLMAN RANCH SPECIFIC PLAN AMENDMENT OR Presented to: CITY OF SEAL BEACH 211 Eighth Street Seal Beach, California 90740 Attention: Lee Whittenberg Director of Planning (310) 431-2527 Presented by: P&D ENVIRONMENTAL SERVICES A division of P&D Consultants, Inc. 1100 Town & Country Road, Suite 300 Contact: Ms. Sylvia Salenius Vice President (714) 835-4447 November 12, 1996 V PROJECT UNDERSTANDING The proposed project involves the approval of a new specific plan (SP) for the Hellman Ranch property which is a 248.7 acre piece of land located in the City of Seal Beach, north of Pacific Coast Highway, south of Lopez Drive, east of the Haynes Cooling Channel and west of Seal Beach Boulevard. The new SP developed for this project will replace the previously approved SP for this area that was developed by the Mola Development Company. The new SP will most likely call for the development of the following improvements: • An 18 hole public golf course with pro shop and parking facilities • Development of 66 single family residential units • Development of commercial/retail/environmental interpretive center on State Lands • Dedication of the existing Gum Grove Park to the City of Seal Beach • Continued use of a portion of the project site for oil production facilities • Development/restoration of freshwater marsh areas on the project site • Development/restoration of a saltwater marsh on the project site P&D understands that this project will also require an amendment of the Land Use, Circulation, Open Space and Housing Elements of the City's General Plan to make the project consistent with those elements, a parcel map sub-dividing the project site and possibly a tentative tract map for the 66 residential units to be developed on the project site. A development agreement will also be prepared. The need for all of these actions will be described in the project EIR and appropriate mitigation measures included. SCOPE OF WORK HELLMAN RANCH SPECIFIC PLAN AMENDMENT EIR Based on discussions with Seal Beach City staff and the Hellman Ranch project planner, the following describes the anticipated tasks necessary to complete required environmental clearance documentation for the Hellman Ranch Specific Plan Amendment EIR. 1.0 Review Technical Studies on the Hellman Ranch This scope of work reflects P&D Environmental Services (P&D) current understanding that the project proponent will now be providing the following studies for inclusion in the project EIR: A. Focused Biological Survey to Determine the Status of the California Least Tern, the Belding's Savannah Sparrow, the Coastal California Gnatcatcher and Other Sensitive Species B. Pacific Pocket Mouse Assessment for the Hellman Ranch 1 C. Golf Course Management Plan for the Hellman Ranch D. Biological Resources Management Plan for the Hellman Ranch E. Wetlands Restoration Plan for the Hellman Ranch Wetlands F. Geotechnical Evaluation of the Hellman Ranch G. Hellman Ranch Traffic Study H. Hellman Ranch Acoustical Analysis I. Evaluation of Remediation Alternatives, Hydrocarbon Contaminated Soils J. Amended Hellman Ranch Specific Plan K. Hellman Ranch Visual Analysis L. Tentative Tract Map A & B M. Concept Grading. Preliminary Grading and Drainage P&D also understands that the City of Seal Beach will also be providing the following studies for inclusion in the project EIR or for use in the preparation of the appropriate sections of this document: N. Cultural Resources Reports on the Hellman Ranch O. Phase I Environmental Site Assessment for Hellman Ranch The scope of work and associated schedule assume that these studies will be technically and topically adequate at the time of submittal and that they will address all of the issues mandated by the California Environmental Quality Act (CEQA). To ensure that this is the case P&D has included time in our Scope of Work to verify that all of the necessary issues have been addressed. It is also assumed that these studies will evaluate the impacts of the project's Preferred Land Use Plan and the alternatives which are defined for the project. They shall be provided on computer media compatible with WordPerfect 5.1 or Microsoft Word 6.0 and camera ready/computer generated AutoCad graphics shall be provided which can be directly inserted in the project EIR. It should be recognized that if these studies are not found to be sufficient by P&D reviewers or P&D subconsultants on this project, or if additional issues are raised during the Notice of Preparation (NOP) process, schedule delays and/or additional coordination and analysis costs may result since the applicant's and City's consultants will need to revise or amend the studies as necessary. Very critical to the schedule will be the traffic analysis, since the air quality analyses can not be completed without final traffic numbers. P&D's biologists will review biological related reports A, B, C and D for their adequacy on identifying any rare, endangered or threatened species of plants and animals on the Hellman Ranch property and the potential impacts of the project's golf course on Hellman Ranch biological resources. 2 V P&D's Senior Biologist, Environmental Planner specializing in water quality issues and Noble Consultants will review the adequacy of report E (Wetlands Restoration Plan for the Hellman Ranch Wetlands) to determine the adequacy of this report. P&D is particularly concerned about the water source for the proposed saltwater marsh, tidal flow in and out of the marsh and possible contamination of the marsh by any hydrocarbons present in groundwater under the project site and by any pesticide or fertilizer runoff from the golf course. Also of concern is the disturbance impact of people playing on/maintenance of the golf course on the adjacent saltwater and fresh water marsh areas. Mr. Edward Heath, Consulting Engineering Geologist, would review report F (Geotechnical Evaluation of the Hellman Ranch) for the adequacy of this report. Mr. Heath is very familiar with the geology and oil operations in the project area. It is assumed by P&D that this report has taken into consideration the wealth of other geotechnical reports previously prepared on the Hellman Ranch property so that a complete picture of the soils, geology and seismicity of the Ranch property is provided in this report. P&D's traffic engineers will review report G (Hellman Ranch Traffic Study) to determine the adequacy of this analysis for use in the EIR. It is assumed that because of the reduced size of the proposed project that significant traffic impacts will not be created by the proposed project. P&D's Senior Environmental Planner most familiar with acoustical analysis will review Report H (Hellman Ranch Acoustical Analysis) to determine the adequacy of this report. P&D's Registered Environmental Assessor will review reports I (Evaluation of Remediation Alternatives. Hydrocarbon Contaminated Soils) and Report 0 (Phase I Environmental Site Assessment for the Hellman Ranch) to determine that these reports adequately identify all hazardous materials on the project site, that proper protocols have been followed and that these materials will be adequately remediated. P&D's EIR Project Manager will review report J(Amended Hellman Ranch Specific Plan) to ensure its adequacy as a specific plan. P&D's Senior Landscape Architect will review report K (Hellman Ranch Visual Analysis) to determine that this report adequately addresses all visual impacts that will be created by the development of the Hellman Ranch property. A P&D's Engineer will review report L (Tentative Tract Map A & B) and report M (Concept grading. Preliminary Grading and Drainage) to ensure that they meet all City and State requirements for such development maps/drainage plans. P&D will retain the services of Scientific Resource Surveys, Inc. (SRS) to review the most recent cultural resources reports prepared on the Hellman Ranch property to determine the adequacy of these reports. Any critical deficiencies identified in the review of the above reports will be immediately brought to the attention of City staff so that the reports can be revised as necessary to meet all the requirements of CEQA, City, State or Federal requirements. 3 6 2.0 PROJECT INITIATION MEETING Upon Notice to Proceed, P&D's Principal-in-Charge and Project Manager will meet with City of Seal Beach (City) staff to initiate work on the project EIR. At this meeting the current status of the project and the development application will be determined and any modifications to the project description identified. Outstanding issues will be discussed along with the specific alternatives which should be considered in the EIR. During the meeting, the appropriate contacts and lines of communication will be established. Means of handling press inquires will also be defined. At or prior to this meeting, it is assumed that P&D would be provided with all of the project related data the City currently has on file. Specifically requested is a copy of the Land Use, Circulation, Open Space and Housing elements of the City's General Plan, City Noise Ordinance, City Zoning Code and the latest EIR/Technical Appendices on the Hellman Ranch project. To expedite the study it would also be useful to receive information from City service manager regarding the personnel and facilities demands and costs they would anticipate as a result of the development of 66 dwelling units called for by the proposed SP, and the type of mitigation they might require. This would allow P&D to get a "running start" on the EIR analysis. 3.0 PREPARATION OF PROJECT IS/NOP P&D will review the Initial Study/Notice of Preparation (IS/NOP) prepared by the City on this project and edit it, as appropriate, for clarity and adherence to CEQA requirements. It is assumed at this time that the IS/NOP will include a discussion of all the issues addressed by this scope of work and that it will use the Environmental Checklist included in the latest version of the CEQA Guidelines. P&D will give the City back one (1) hard copy of the revised IS/NOP with any edits to be made marked in red on the hard copy. P&D assumes that the City will photocopy the required number of IS/NOPs and circulate this document to all required responsible and trustee agencies and other interested parties. As an option, P&D could photocopy the project IS/NOP and distribute it for a 30 day public review period on a time and materials basis. P&D will also review the project NOP and Draft EIR distribution lists prepared by the City and suggest additions as required. As an option, P&D can prepared these distribution lists for review and approval by the City. This task will also develop the basic project description which will be used in the project EIR. P&D assumes that the City will prepare a project description as part of the project IS. P&D will review the project description for adequacy and completeness during the review of the project IS/NOP. Any necessary revisions to the project description will be included in P&D's review of the project IS/NOP. 4.0 PREPARE PRELIMINARY DRAFT EIR P&D will begin preparing a Preliminary Draft EIR for review by City staff. This effort will incorporate maximum use of available data, while including necessary updating and meeting legal mandates. 4 The Preliminary Draft EIR will contain the following four subsections for each environmental parameter addressed in this EIR. A. Setting. Provide a quantitative description of conditions that currently exist on the project site. A brief statement regarding methodology and a description of the primary source for the information will be included. Special reports that have been prepared on the parameter will be noted and included as EIR technical appendices, such as the project traffic, air quality, noise, biological resources, geotechnical, visual and any other reports prepared for this project. B. Environmental Impact. A discussion on the threshold of significance for each impact category will be included in the EIR. A discussion of all direct and indirect, long and short-term impacts (positive and negative) that will occur as a result of the construction of project developments will be discussed. Impacts will be described as significant or non-significant. If no impact on a particular parameter is anticipated as a result of project implementation, then that fact plus the reasoning behind that conclusion will be stated using information from the Initial Study. C. Mitigation. Feasible and appropriate mitigation measures will be described for each parameter for which potentially significant adverse impacts are identified. Adverse effects remaining after mitigation is implemented will be described for each parameter discussed in the EIR. D. Level of Significance after Mitigation. Discussion will be provided after each impact section on whether any significant impacts will remain after mitigation measures have been added to the project. The Preliminary Draft will include all correspondence sent to or received from affected agencies and other interested parties, including the IS/NOP and comments thereon, and will address any concerns raised by those agencies/parties in the text. However, in the unlikely event that completely new issues or requirements arise in the course of document preparation or in comments by others, P&D reserves the right to amend this scope of work to address such issues or requirements. 4.1 Prepare the Project Objectives The description of the proposed project will include a discussion on the objectives to be accomplished by the proposed project. The ability of an alternative to meet reasonable project objectives is one test of its feasibility and therefore is critical to the determination of which alternatives are addressed in the EIR and which alternative may be preferred over others. P&D will work with the City and, if necessary, the applicant on defining the project objectives to be include in the project EIR. 4.2 Prepare EIR Summary of Impacts The Preliminary Draft EIR will include a Summary in the front of the EIR which will include the following: A. Background and history of planning for the Hellman Ranch project. 5 • •\, B. A brief description of the current proposed Hellman Ranch project. C. Summary matrix of potential significant adverse impacts, mitigation measures and unavoidable significant adverse impacts associated with the proposed project D. Discussion of any major areas of controversy. P&D will prepare any necessary exhibits to illustrate the information in this section of the EIR. 4.3 Prepare the Introduction Section The Preliminary Draft EIR will include an Introduction Section which will describe the following: A. The purpose of a focused EIR. B. The existing project background e.g., environmental setting of the Hellman Ranch site and history of planning efforts. C. The Initial Study, NOP and public scoping process, including a table identifying NOP commenters, general comments and where the comment is addressed in the DEIR. D. The format for the EIR. E. The incorporation of documents by reference and source documents used in the preparation of the EIR. Brief summaries of the relevant contents of each document will be provided. F. Discussion on the Mitigation Monitoring Program proposed for the project. G. Subsequent approvals necessary to develop the project. H. Final EIR certification process. 4.4 Prepare the Project Description Section of the OR The Preliminary Draft EIR will include a Project Description Section. This section will include the following: A. An introduction to the project description. B. Project objectives developed for the Hellman Ranch project. C. The location of the Hellman Ranch property. D. A description of the new facilities proposed to be developed on the Hellman Ranch property including phasing, construction activities and long term operations. 6 w E. The approvals necessary for the Hellman Ranch Specific Plan and proposed improvements on the Ranch property. F. The environmental clearance process followed for the project. G. The alternatives considered in the project EIR. P&D would review all project description information included in the project IS and revise it as necessary to fit into the format used for the EIR. P&D would confer with City staff if it is determined that, to meet CEQA requirements, more information may be needed about any aspect of the project. P&D would also prepare exhibits necessary to illustrate the information on the project description including necessary camera ready exhibits to illustrate this information. However, it is assumed that the exhibits included in the IS project description will be sufficient for this section of the project EIR. 4.5 Evaluate Key Impact Parameters in the Project EIR The following key impact parameters will be evaluated in the project EIR. Data and methodologies which will be employed are described along with pertinent issues. A. Population and Housing The project's impacts on population and housing will be discussed in this section of the project EIR. P&D will summarize information out of the economic feasibility report prepared by the project applicant to provide this information. Mitigation measures, if necessary, will be included to reduce project impacts on population and housing, as much as possible. B. Geology/Soils/Seismicity/Liquefaction This section of the project EIR will discuss the potential geotechnical problems that could be encountered by the continued presence of oil production facilities on the project site and by the construction and use of facilities proposed to be developed on the Hellman Ranch property. The information in Converse Consultant's Geotechnical Evaluation of the Hellman Ranch and other pertinent geologic reports will be summarized. A discussion will be included on project geologic conditions, including a discussion on project soils, seismicity and the potential for liquefaction of site soils. A map will be included in the EIR which displays the Newport Inglewood Fault which traverses the project site, other faults near the project site, and soils subject to liquefaction. Likely event magnitude, probability (if known) and estimated ground acceleration will be included. P&D understands that no homes will be constructed on soils subject to liquefaction. However, the project golf course will be constructed on these soils subject to liquefaction which may cause future settling of golf course facilities. Oil production may also induce subsidence. This will be discussed in the project EIR. Project construction activities will also create changes in the topography of the site and possibly cause wind or water erosion of soils. This will also be discussed in the project EIR. 7 w Feasible and appropriate measures to avoid or reduce potential topographic, grading seismic impacts will be include in the EIR. Measures to avoid or reduce topographic, grading and seismic impacts on project improvements will also be included. C. Air Quality The quantity of air emissions generated by the project during construction will be calculated, including worker trips and onsite construction vehicle emissions. Long-term impacts associated with vehicle miles generated by residents, those associated with the commercial/retail/interpretive center and golf course patrons and maintenance vehicles will also be quantified. Emissions from residential units and structures used to support golf course uses will also be quantifies, whether they occur on or off-site. These emissions will be evaluated against existing ambient air quality conditions. Consistency of the project with the Air Quality Management Plan and, if applicable, the Air Quality element of the City's General Plan, will be determined based upon the project's consistency with SCAG growth projections and jobs/ housing balance goals. Means to reduce vehicle miles traveled will be explored as mitigation measures. Previously considered measures have included bus facilities and bike trails. Odor concerns associated with continued use of the site for oil production and site remediation of hydrocarbon contaminated soils will also be examined and impacts described. Prevailing wind patterns on a seasonal and daily basis will be reviewed to determine the areas most likely to be affected by oil production and remediation activities. Possible duration of such impacts will be discussed with the applicant's remediation experts and characterized if such data is available. D. Hydrology and Water Quality P&D will review the technical reports that analyzed existing water quality, hydrology and hydrologic conditions in the project area. Appropriate data from these reports will be incorporated into the EIR. P&D will discuss the site's existing baseline water quality condition and the potential sources of pollutants to existing and future wetlands. However, it is not clear at this point if all of the necessary information to address water quality impacts will be available from the studies prepared by the various Hellman Ranch consultants. If adequate information on existing water quality is not available, it may be necessary to collect additional information. It may also be necessary to gather additional data from local agencies including the Regional Water Quality Control Board and County Flood Control staff. Other critical information could include the identification of any potential excess nutrient loads or contaminants from areas such as the planned golf course, existing and proposed housing tracts or related infrastructure and oil production areas which may require hazardous materials cleanup. P&D will meet with the City to discuss any additional data needs for the water quality analysis. At that time, the scope, responsibilities and costs for collecting additional water quality data would be determined. A cost 8 IF . estimate for this additional data collection has not been included, because the need for and extent of such surveys cannot be determined until the completion of the literature review portion of the Scope of Work. The hydrology and water quality analysis will include a description of the parameters and assumptions used to identify and evaluate the potential project impacts; identification of the specific impacts of the project alternatives; and mitigation measures necessary to avoid or substantially reduce the identified impacts. P&D will also assess potential flooding issues associated with the project alternatives, particularly noting existing flood conditions in the Los Alamitos Retarding Basin, San Gabriel River, Haynes Cooling Channel and the project vicinity. The water quality implications of golf course operations and management will be a key concern. The potential for excessive use of fertilizers and pesticides exists along with a concomitant adverse effect on water quality and wetland habitat, unless rigorous design and operational controls are implemented. Possible impacts from adjacent residential and commercial uses will also be examined and mitigation measures proposed, if required. Also, potential hydrology and water quality impacts which may occur during construction of the wetlands site and off site properties will be investigated. Particular attention will be given to surface grading which may distribute construction runoff or toxic subsurface materials into waters on and off the project site. Included will be a discussion of non-point source discharges, dewatering discharges and the movement of wet soils, some of which may be contaminated by hydrocarbons or other related pollutants, on the site. A discussion of potential water quality impacts from a variety of other sources such as the Edison power plant, Rockwell plant, industrial uses to the north of the project site, adjacent Navy facilities, and planned future development in the area will be included. This section will also investigate other activities, such as construction staging, odor control, erosion control, construction traffic management and any special handling requirements which may effect water quality. Evaluation of these potential impacts and the required mitigation measures will be developed as part of this analysis. The issue of the project's water demand to serve residential, park, and wetland restoration uses will be addressed in the Public Services and Utilities section of the EIR. How this could affect the availability of water for others already served by the local water department will also be addressed in the Utilities section of the EIR. E. Biological Resources There have been numerous surveys/reports/correspondence prepared on biological resources on the Hellman Ranch property. The results of these studies have been included in the various EIRs that have been prepared on projects proposed to be developed on the Hellman Ranch property. Based on discussions with City staff and the project applicant, there has been little or no change in the character of 9 w r these existing biological resources in the recent past. However, there is potential for change in the context of the proposed project due to the passage of time, circumstances or recent court decisions. To ensure that the latest information on biological resources is included in the project EIR, P&D will summarize the information in the most recent biological resource surveys prepared on the Hellman Ranch property and include it in the project EIR. This scope assumes that all of the existing documentation is adequate for EIR preparation and that the documentation includes a detailed existing conditions and vegetation map. Appropriate mitigation measures included in the Moffatt & Nichols Wetlands Restoration Plan for the Hellman Ranch Wetlands to protect biological resources will be incorporated in this section of the EIR. Any water quality impacts which may arise during construction activities and operation/maintenance of the golf course may have secondary effects on wildlife and habitat quality. This issue will be evaluated using available data and measures will be identified to prevent harm as required. P&D understands that a wetland delineation has been prepared by State and Federal agencies. Therefore, designated wetlands do exist on the Hellman Ranch site and this will be discussed in the project EIR. Because of the "no net loss of wetlands" rule for wetlands, the project EIR will discuss how the construction phasing of the project will result in no net loss of delineated wetlands on the project site, thereby reducing impacts on plant and animal species that depend upon wetland areas for their survival. The project EIR will address the direct and indirect impacts on biological resources related to construction of the project, including dredging and off site dumping of the dredge material from the saltwater and freshwater marsh areas if this is proposed as part of this project. The project EIR will also discuss the impacts of golf course use on bird species that will use the wetlands to be created on the project site. Conflicts with bird species may occur since it appears that fairways and greens may be located within close proximity to wetland areas. Impacts from the introduction of non-native birds (eg. brown-headed cowbirds) will be addressed. Potential impacts will be described and appropriate mitigation measures included in the project EIR. F. Noise Noise analyses data and applicable information from the City's Noise Element will be summarized in the project EIR. The information in the RKJK Hellman Ranch Acoustical Analysis will also be summarized in the EIR. It is assumed by P&D that this analysis addresses the following concerns. • Noise created by the City's animal shelter, since noise from this land use may be of concern to the those living in the homes to be developed on the project site. • Noise effects of traffic added by the project to the street network. • Noise from remaining oil pumping facilities on residential land use and the project golf course. 10 w • Noise from aviation facilities at the Los Alamitos Naval Air Station and Long Beach Airport. Appropriate mitigation measures will be proposed to control noise and will be taken from the most recent acoustical analysis prepared on this project. From P&D's knowledge of the site it appears that to make people aware of noise from the City's animal shelter notification at purchase could be considered as a mitigation measure, along with noise barriers, improved glazing standards and installation of central air conditioning in homes impacted by noise from the animal shelter. Noise from street traffic could be mitigated by use of noise walls, glazing, fenestration, air conditioning, floor plan controls and other means to meet City interior noise standards. It is also anticipated that noise from remaining oil pumping facilities near proposed residential units could be reduced by switching them to electric power should they still be powered by diesel or gas powered pumps. G. Light and Glare The project will introduce new sources of light to the project site, as well as possible sources of reflective glare. Existing sources of light on and adjacent to the site will be described. New sources of light created by street lights, parking lot illumination, residential lighting and night lighting of recreation facilities such as the golf course will be described and, if possible, quantified. Glare from reflective surfaces such as new water features, parked vehicles and window glass will also be described. Means to mitigate light and glare impacts, such as use of low level stanchions, directional shields, reduced intensity lighting and use of landscaping as light or glare barriers will be proposed as mitigation measures. H. Existing and Planned Land Use This section of the project EIR will address the specific types of land uses being proposed on the project site and their compatibility with one another and with existing and planned adjacent uses. This analysis will also address the consistency of the proposed project plan with the current General Plan designations, zoning designations, Local Coastal Plan for the site as well as its Redevelopment Area status and consistency with City redevelopment plans. As discussed with City staff, this project is currently inconsistent with the Land Use, Circulation, Open Space and Housing Elements of the General Plan. This will be discussed in the project EIR and amendments of these elements proposed as mitigation measures. This section of the EIR will also discuss the jobs/housing balance and the issues of population increase and affordable housing. The set aside of tax increment funds from the project will be cited as a key mitigation measure for low and moderate housing needs. Use of State Lands for this project will also be described in detail, noting that this land was previously proposed to be used for hotel use and is now being proposed for commercial/retail and environmental interpretive center uses. The impacts on State Land will be described and coordinated with the State Lands Commission. 11 • • Appropriate mitigation measures will be proposed to reduce land use impacts as much as possible. Natural Resources/Energy The aggregate long-term use of energy by the project will be calculated, including energy for lighting, heating, cooling, appliances and motor vehicle operations. The status of phased out oil wells will be described, since the project site is currently being used for oil production and such use will ultimately be phased out. Useful life and phased decommissioning of onsite oil wells will be described if data is available. Capability to extract additional on-site oil resources in conjunction with site development will be described. The site's current value as an open space resource will be contrasted with the value of the area with restored wetlands which will exist after project implementation. Loss of natural open space during the period of time it takes to accomplish restoration will also be addressed. Mitigation measures will be identified to reduce the projects impacts on energy use and protect oil production facilities on the site. J. Transportation/Circulation, P&D will summarize the information in the RKJK Hellman Ranch Traffic Study in the project EIR. It is assumed that this study will contain the latest information on traffic impacts created by the proposed project and include enough information to prepare the Transportation and Circulation Section of the project EIR. This section of the EIR would include the following: • Identify the existing circulation network serving the project site including the number of arterial through lanes, intersection approach lanes, and traffic control devices including traffic signals and stop signs. In addition, all funded, planned and proposed circulation improvements impacting the project area will also be identified. • Identify current Level of Service (LOS) conditions at the intersections that will be impacted by the proposed project. • Forecast and analyze future year traffic conditions. This incudes identifying ambient background traffic growth due to development projects in areas adjacent to the City, as well as identifying development projects within the City. • Identify all impacts created by the project on the roadway network serving the project site. Appropriate mitigation measures will be included in the project EIR to reduce impacts of the project on the area roadway network. 12 • K. Public Services and Utilities The development of the proposed project will result in impacts to existing public services and utilities on or near the project site. P&D will contact all applicable public service and utility providers potentially affected by the proposed project to determine their ability to provide additional services and utilities to the project. This assessment will address police, fire and emergency services, schools, community colleges/college/university, library services, water, wastewater, electricity, natural gas, telephone, cable TV and other utilities and services that would be impacted by the project. Depending on the information received from the service and utility providers, mitigation measures may be proposed in the project EIR to protect existing utility systems and to see that adequate services and utilities will be available to serve the project in the future. L. Human Health/Risk of Upset The project site and certain adjacent properties have been, and some still are, the center of oil field activities such as oil well drilling and production, oil storage, water and steam injection and abandoned oil wells. The possible adverse health impacts from hydrocarbon emissions and the safety impacts that these operations could have on those using the project golf course, Gum Grove Park and residential land use to be developed on the project site will be reviewed, discussed and mitigation measures presented in the project EIR. This section of the project EIR will also summarize the information in the Phase I Environmental Site Assessment and Converse Environmental West's Evaluation of Remediation Alternatives, Hydrocarbon Contaminated Soils which have been prepared on the Hellman Ranch property. It is necessary to discuss hazardous materials found on the project site. Also, remediation of areas contaminated with hydrocarbons will potentially expose people to hazardous hydrocarbon emissions. These impacts will be discussed in the EIR. The possibility of effects from hazardous waste sites on the Naval Weapons Station on the project site will also be examined, although it appears from the Navy's data that the closest sites are comprised of underground fuel storage tanks and paint and solvent waste which are likely to be quite localized. Cleanup and transfer of waste on the Navy site may present a risk of exposure to people on the project site due to exposure of contaminated earth to the air or risk of spills during transport of contaminated materials to a disposal site. These risks will be reviewed, evaluated and discussed in the project EIR. M. Aesthetics Development of improvements proposed by the Hellman Ranch Specific Plan may obstruct scenic views of the site from off site land uses. The impacts on scenic views will be discussed in this section of the project EIR. P&D will summarize the information contained in the Hellman Ranch Visual Analysis as prepared by James Goodman Architecture. P&D assumes that this study includes cross 13 • sections of key site lines across the project to determine if specific views are obstructed and if new beneficial vista points are created. These cross sections will be referenced in the text and any particular impacts of the project on views described. If any additional information on architectural style, landscape theme or entry design is available from the applicant in the form of elevations or perspective drawings, these will be used in this section of the EIR. As an option, P&D can prepare computerized visual simulations of the project site from key vantage points which depict before and after views of the project. Our computer simulation software program enables P&D to create images which are virtually indistinguishable from actual photographs. These visual simulations could be of help in allowing motorists to visualize how development on the site would look like from Seal Beach Boulevard or Pacific Coast Highway or how the site might appear from Gum Grove Park or the interpretive center. A view simulation could also be prepared to show what the developed project site would look like from the residential land uses on the southerly boundary of the site. N. Cultural Resources P&D will return the services of Scientific Resource Surveys, Inc. (SRS), to conduct a Cultural Resource Overview Assessment of the Hellman Ranch project. This study will consist of the following: A review of available documents relative to cultural resources. This will include project/site specific documents available from SRS files, those provided by the project proponent, the City of Seal Beach, and P&D Consultants, and documents readily available from previous investigators, archaeological information centers, and local museums. We will also include significant information that has been prepared over the last five years contained in regional research designs and other significant site investigations within the project's ethnocultural sphere. Compilation and mapping of project specific sites based on the information obtained from Task 1. Historic maps and aerial photographs will be reviewed as appropriate. Produce an overall Sites Finds Matrix for the thirteen archaeological sites presently identified within the immediate sphere of influence of the project. This task will identify data gaps thereby providing information for developing appropriate mitigation measures for each site. Review the existing regional research design, entitled "Research Design for the Evaluation of Coastal Archaeological Sites in Northern Orange County, California" (on file with the California Coastal Commission and the California State Historic Preservation Office) and compare this with those of LSA and ERA for the Hellman Ranch property. This will result in a significance evaluation within a regional context for the sites within the study area. Summarize the information obtained during this investigation in a final report to include: an Introduction; Regional Setting - Anaheim and Alamitos Bay Sites; the History of Cultural Resource Investigations at the Hellman Ranch (report and 14 w document review); Site Data Gaps and the Recommended Mitigation Measures; Regional Comparisons and Site Significance Evaluations. P&D will take all pertinent information on cultural resources and summarize it in the project EIR. Information on all the cultural resources found on the Hellman Ranch site will be presented, included information on the prehistoric dwelling which was recently found on the project site. Mitigation measures will be included in the EIR which will properly evaluate and/or protect any cultural resources known to exist on the site or expected to be found during project construction activities. 0. Recreation P&D understands that Gum Grove Park will be dedicated to the City as part of the proposed project and that an 18 hole public golf course will be constructed on the Hellman Ranch project site. P&D assumes that the golf course will be operated by a concessionaire for the Hellman family. These will be positive impacts of the project and will be discussed in the project EIR. Impacts on Gum Grove Park and the new residential units to be built on the project site from golf course use will also be discussed in the project EIR. P&D is particularly concerned about errant golf balls hitting people using the park or the homes that backup to one of the fairways on the golf course. The impacts of the new residents on Gum Grove Park will also be discussed in the project EIR. Additional use of this park from new residents should be minimal since so few residential units will be built as part of this project. The impact of additional recreational use of the site from public use of the proposed 18 hole golf course will be discussed in the EIR. It is anticipated that up to 250 people could be using the golf course facility at any one time and the impacts of this use on the surrounding land uses will be described. Also to be described will be any facilities necessary to support the golf course, including a pro shop, maintenance building and possibly a restaurant or bar and their impact on adjacent land uses. P&D understands that a public pedestrian trail will be installed around most of the project site and use of that trail will be described in the project EIR. Appropriate mitigation measures will be included in the project EIR to reduce impacts of recreational facilities as much as possible. P. Growth Inducing Impacts of the project The EIR will address potential growth inducing aspects of the project which may occur should the proposed project be developed. Indirect employment-related growth will be examined as well as direct growth and compared to existing adopted growth forecasts. 15 w Q. Project Alternatives This section of the EIR will discuss project alternatives. The No Project Alternative will be addressed and would mean that the Hellman Ranch site would be left undeveloped. The environmental consequences of this alternative and the reasons why it fails to meet the defined project objectives will be described. P&D will work with City staff to identify up to two additional alternatives for the proposed project. One of these alternatives could be the land use plan proposed by the Mola Development Company for the Hellman Ranch site. Another alternative could be a different land use configuration for the project site or an alternative that includes greater/lesser intensity development on this site. P&D does understand that the Hellman Ranch Preferred Land Use Plan will be the Preferred Project Alternative which will be analyzed in detail in the project EIR. Information on project alternatives would be presented in a simple matrix form so decision makers and members of the public can easily see the relative impacts that would be created by each alternative. The text of the EIR would also provide brief summaries of how each alternative meets or does not meet the defined project objectives. The Environmentally Superior Alternative will be identified. Other land use proposals for the project site that were previously considered for the Hellman Ranch property will be discussed and the reasons why these alternatives were rejected from further consideration will also be addressed in the EIR. R. Summary of Unavoidable Significant Adverse Impacts A summary of unavoidable significant adverse effects that remain after mitigation will be prepared. This discussion will make it easy decision makers and the public to see what significant adverse impacts, if any, will be created by development of land uses called for by the revised Hellman Ranch Specific Plan. S. Organizations and Persons Consulted A listing will be prepared which includes the name of each organization contained in preparation of the EIR and the names of each individual contacted. T. EIR Preparers and Contributors A list of all the individuals who participated in the preparation of the EIR will be prepared, including those who participated directly in the preparation of the EIR, environmental analysis and the technical reports. Professional and academic credentials will be identified for each contributor. U. Reference Section A list will be prepared which includes all reference material use in the preparation of the EIR. 16 mor • . • V. Glossary and Abbreviations A glossary of technical terms will be prepared which explains in English the technical or specialized terms used in the text of the EIR. An explanation of all abbreviations and acronyms used in the EIR will also be include. W. Appendices Appendices to the EIR will be prepared which support the EIR and which will include the project IS/NOP, NOP responses, other relevant correspondence received during EIR preparation, and technical reports whose findings have been summarized and referenced in the EIR text. 5.0 Prepare Preliminary Draft EIR This task involves compiling the analytical data into a coherent and comprehensive preliminary EIR. In compiling the Preliminary Draft EIR (DEIR), P&D will focus on a clear, concise presentation of relevant data on the Preferred Project Alternative identified for this project. P&D assumes that this will be the proposed Hellman Ranch Preferred Land Use Plan. Graphics and tables will be used extensively to reduce the need for extensive text and will be 8 1/2 " when folded. The description of the setting for each topic will be brief and will only include salient information directly relevant to an understanding of the impact analysis for that parameter. The Preliminary DEIR will receive a full review by P&D's Principal-in-Charge and the EIR Project Manager who have over 40 years of combined experience in preparing environmental documents. Seven (7) copies of the Preliminary DEIR and 2 copies of the appendices will be delivered to the City no later than four months after the City gives P&D Notice to Proceed on the preparation of this EIR. This assumes that all technical reports and the project Specific Plan are adequate and available to analyze project impacts on the environment. After a meeting with City staff to "walk-through" requested revisions to the Preliminary DEIR, P&D will modify the document and appendices as necessary. P&D believes that page-by-page "walk-through" meetings are effective in ensuring agreement on the approach to each revision and to create a common understanding on what is to be achieved. The result is that the revision process is expedited and the revised document much more closely meets everyone's need. Upon approval by the City of the Preliminary Draft EIR, P&D will have the required copies photocopied for public review. P&D will work with City staff on the development of a DEIR distribution list. P&D will prepare a draft DEIR distribution list for review by City staff. This list will include names of all responsible agencies, all neighboring cities, and all federal, state, county or regional agencies with jurisdiction over the project or potentially affected by the proposed project. The list will be revised as required before being finalized by P&D. Subsequent to any final revisions to the second Preliminary DEIR, P&D shall print forty (40) copies of the project DEIR and technical appendices. These documents will be printed,on both sides of each page. P&D will deliver these copies of the DEIR to the City. P&D assumes that the City will mail these documents by certified mail and/or 17 • • deliver them to those on the DEIR distribution list. This shall occur within 10 days of receipt of the City's final revisions to the second Preliminary DEIR. The City should notify P&D of any undelivered documents due to invalid addresses so corrections can be made to the Final EIR distribution list. 6.0 Prepare Preliminary Final EIR P&D proposes that the Responses to Comments Report be added to the project's DEIR to make up the project Final EIR (FEIR). P&D will prepare responses to all comments received on the DEIR. Responses to written and transcribed oral comments, if any, will be prepared by P&D and incorporated in this document. If transcriptions are not available, P&D will summarize oral comments received at the public meetings on the DEIR and FEIR. P&D will prepare seven (7) copies of the Responses to Comments Report for review by City staff. P&D will meet with City staff to discuss the Draft Responses to Comments Report and obtain the City's approval on the content of this document before final printing. A "walk-through" meeting will be held to discuss any revisions to the Response to Comments Report. Upon final sign off by the City on changes to the Responses to Comments Report, twenty-five (25) copies of this document will be made by P&D and sent to the City. P&D assumes that the City will send a copy of the Responses to Comments Report via registered mail to all those responsible agencies and other interested parties who commented on the project DEIR ten (10) days before the Seal Beach City Council approves the project FEIR. 7.0 Prepare NOC/NOD P&D will prepare a Notice of Completion (NOC) and send it to the City for review and approval. P&D assumes that the City will send the NOC to the State Clearinghouse and file it with the County of Orange Clerk when the DEIR is distributed for public review. A copy of the NOC should be sent to P&D so a complete record of notices will be available on this project. P&D will also prepare a Notice of Determination (NOD) and send it to the City for review and approval. P&D assumes that the City will send the NOD to the State Clearinghouse and file it with the County of Orange Clerk when the FEW is approved by the Seal Beach City Council. A copy of the NOD should be sent to P&D so a complete record of project notices will be available on this project. As an option, P&D could prepare the project NOC and NOD and send them to the State Clearinghouse and file them with the County of Orange Clerk on a time and materials basis. 8.0 Prepare Mitigation Monitoring Plan Pursuant to Assembly Bill 3180, P&D will prepare a draft Mitigation Monitoring Plan (MMP) for all mitigation measures proposed for the project. The MMP will specify each required measure, when it will be required to be implemented, who is responsible for its implementation and who is responsible for making sure that it has been implemented. 18 w • • Five (5) copies of the draft MMP will be sent to the City for review and comment. P&D will have a "walk through" meeting to discuss the MMP. P&D will make all revisions required by the City to the MMP before finalizing it. The final MMP will include any mitigation measures added to the project by the Responses to Comments Report. P&D will send the City five (5) copies of the final MMP for adoption by the Seal Beach City Council when they approve the project FEIR. 9.0 Prepare Findings/Statement of Overriding Considerations P&D will prepare Findings and a Statement of Overriding Considerations (SOC) for the project. Proper documentation of Findings is essential in the demonstration that an abuse of discretion has not occurred when a project is approved. The sequential logic of Findings and the SOC is to recognize the impacts of the proposed project, the mitigation measures proposed to reduce or avoid those impacts and their remaining significant impacts, evaluation and rejection of project alternatives and in reciting the overriding benefits of the project. Findings and the SOC will be required if there are any significant unavoidable adverse impacts created by the project even after mitigation measures are incorporated in the project. P&D suspects that such impacts may be created by this project. If this is the case, five (5) copies of a draft of the Findings/SOC would be prepared by P&D with copies sent to City staff for review by the City's legal counsel. P&D would hold a "walk-through" meeting with the City to discuss any changes to the Findings/SOC. P&D would then make any necessary changes to these documents as required by City staff or their legal counsel. Five (5) copies of the final Findings/SOC will then be given to the City for adoption by the City Council when they adopt the project FEIR. 10.0 Project Management/Meetings P&D will attend up to 5 scheduled project meetings with City staff on the Hellman Ranch project. This task also includes internal P&D team coordination meetings and management by the P&D Project Manager and other senior P&D staff members working on the project EIR. Additional meeting attendance would be on a time and materials basis per P&D's standard billing rates which are included in the current Schedule of Fees attached to this scope of work. During the preparation of the EIR, P&D will confer with the City's Project Manager on this project at the City's offices, P&D's offices or in the field to ensure adherence to the project scope of work. P&D's Principal-in-Charge or FIR Project Manager would attend these meeting along with key technical staff involved in the area under discussion. Meetings would be as follows: 1. To discuss preparation of the project EIR at the project kickoff meeting. (1 meeting) 2. To discuss progress on the preparation of the EIR. (2 meetings) 3. To discuss the changes to the Preliminary Draft EIR. (1 meeting) 19 • • 4. To discuss changes to the Responses to Comments Report (1 meeting) 11.0 Attend/Conduct Public Hearings/Meetings P&D staff will attend and participate in one (1) FIR scoping meeting, one (1) public hearing on the project Draft EIR before the City's Environmental Quality Control Board and six (6) public hearings on the project EIR. P&D assumes that the cost to prepare and print all hearing notices will be paid for by the City. As an option, P&D could be responsible for preparing and having necessary meeting notices published in a local newspaper. These meetings would be as follows: 1. One EIR scoping meeting, with the meeting to be held at a site agreed upon by the City. P&D assumes that this meeting may be held at the City of Seal Beach City Hall, but the meeting could possibly be held at a school or other public facility near the project site. P&D assumes that the City will make all arrangements necessary to hold the meeting at the agreed upon location. P&D also assumes that the City will prepare and place a public notice/newspaper display ad in a local paper as required by CEQA for this meeting. P&D will prepare any necessary handouts for the meeting including a meeting agenda and other pertinent information on the proposed project. A display size graphic showing the layout of the project site would be prepared and presented at this meeting. Such a graphic would be obtained from the planning firm handling the Hellman Ranch project. As an option, P&D can make all the arrangements necessary to hold this meeting on a time and materials basis. At this meeting, P&D's Project Manager will make a presentation on the project as coordinated with City staff. It is assumed that the Hellman Ranch Project Planner or P&D's EIR Project Manager will discuss the history of the project and the land uses now being proposed to be developed in the project site. P&D's Project Manager will discuss the environmental process that will be followed in the preparation of the project FIR, and the environmental impacts that have been identified to date that may be created by the proposed project. P&D will also solicit the public's environmental concerns about the project at this meeting. As an option, P&D could arrange additional EIR scoping meetings or workshops to resolve focussed issues, if the City determines that additional meetings are needed. 2. Attend one (1) meeting on the Draft EIR before the City's Environmental Quality Control Board (EQCB). P&D assumes that the City will make all arrangements necessary to hold this meeting and prepare/place a public notice on the meeting in a local newspaper. At this meeting, P&D's Project Manager will make a presentation on the project Draft EIR as coordinated with City staff. P&D's Project Manager will discuss the environmental process followed in preparing the FIR and the environmental impacts that have been identified that will be created by the proposed project. Other P&D and consultant staff who worked on the Draft EIR will also attend these hearings to answer technical questions on the Draft EIR. P&D will also answer questions from the EQCB and members of the public on the Draft EIR. 20 • • 3. Attend six (6) meetings on the project EIR. P&D will attend three (3) meetings on the project EIR before the City's Planning Commission and three (3) meetings before the City Council. P&D assumes that the City will make all the arrangements for these meetings and prepare and place the required public notices in a local newspaper. At these meetings P&D's Principal-in-Charge or FIR Project Manager will make a presentation on the project EIR as coordinated with City staff. P&D will discuss impacts that have been identified in the project EIR and additional impacts identified through the comments received on the Draft EIR. Other P&D and consultant staff who worked on the preparation of the project EIR may also attend these meetings to answer any technical questions raised by comments on the project FIR. P&D will also answer questions from the City Council and Coastal Commission on the Final EIR. As an option, P&D and its technical staff will attend as many additional meetings on the Final EIR as necessary, on a time and materials basis. 21 PROJECT BUDGET The following fee schedule describes the cost of each associated task required for the preparation on the Environmental Impact Report (EIR) on this project. The budget also includes a total estimated project cost encompassing all phases of work to be performed on the project EIR. This budget is subject to negotiation with the City, since P&D may have included some work items in the budget that the City may want to perform. Conversely, there may be work tasks that the City may want P&D to perform in the preparation of the project EIR. The actual fee charged for preparation of the project EIR will of course depend on the amount of work necessary to prepare the project FIR. Should any additional effort be required the City will be notified and the additional work agreed upon before P&D prepares this work. 22 w • • 0 0 0 0 0 0 0 O N to N 0 0 0 0 0 0 0 0 0 0 0 0 In 0 0 0 0 0 0 0 0 0 0 0 N,O 0 0 0 d to 0 0 d 1() 0 0 0 0 0 d 0 N 0 0 0 0 N , ,- 0 0 0 to 1n N N 0 to N 0 e0 0 m 0 O N O 10 0 0 0 0 0 N 0 N « 0 0 10 0 CO 0 0 0 0 0 N 0 in 7 0 3 0 0 .• .. 0 0 Y f N N - N - - 0 N < O H U y g N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 N N U L CI-175 0 NN N N N N N N 2 N N N N d d N N d N t+1 N N N N N N N N � , 0 N VI N Lt d N N N N CO N N ,- CO Cr CO N CO m N 0 m ' o L U) m L b N N a d 1"' m 0 N Z z W g t5 ° Q C m d L m O N 0 d 0 0 0 0 d 0 N Z 0' O 33 "" I") N on N N 1"1 W o m 2t, < t L W C O -E. 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U . \ T d 0 ),, 0 0 0 m m m m 0 6 O. 1 6 6 n O. a F C m •m C ° O Z N 0 O o ^ o m m a O O 9 y c 0 > m aI do m Q a" ay a F 0 O ^ ry 0 N O O • • • ] t _ O u t v 0: O N m m m to co W m W ^ — ^ co O W W 2 W O 2 n. ❑ K fO N N N U' 2 - N M m • • PROJECT SCHEDULE This section present the schedule for the proposed project which incudes all necessary review periods for the project EIR as required by CEQA. It also provides for time for City staff review of all documents to be prepared as part of the project EIR. P&D believes that the schedule on ' the following page is a realistic schedule necessary to prepare the project EIR. However, P&D can work with the City to shorten the schedule should there be a critical need to prepare the project EIR in a shorter amount of time. P&D will make every effort necessary to meet the City's schedule for this project. 23 • • w o ■ p N w 3 r Ye F k'=LyOS Tat: , L W o � &w 2 e w C FX M; =4R''t'fl R ,tt. N K ' U Cfl ° S . Sit Y:. .11. ' _ `ti' r. 0 ' ,° r k i y ,c tit-i.; 0 O W - r ,tar %a lb l xA 4� ' z'tali C Cr G -, sue. ' l ita.,)0t z7� `® a lc, C , .i. #'. Ai.aak� ' , > .:_ �..)7-1 c i poi el Q+' s- 'x z� O C < i ` +s 1 . ._,t ' mom: - Z Li- 0 F C , _ t r -. �-., Y hl < T :N.:. ,n N.J ; e t , - s . S >1 E -° a 3 t At t ,, t '"c s W E_ Cr) OC E si- •. ns 41/4,--,,,,,,,„,t: Tii Z m t =r TG; ' " .r . t d CL U Q U O Q / W W woo U — N V', 7v1 os„ Cn am a wlr RCS (rte k—;= Z Y U CO LL , 9 I D?#LLI r W' �m U ❑ al. 3Qv 9� qqIL zLL � 3/�rt�i Z °y CC cc Li It �-` ri o4 sr¢ Q`3� .:—i tk : i a Z; W 1— '. >'cis' or r2 itece;U �'ra. tom_ iH, Z' •OF E W a C Z Wv �Jv W1 J J -r (Ai N c iMtW a t% ±t$,__,)0;a ,c s� -¢ Z�' ;: Z �� 2 'm m U -a O; ` .� ,. .,.. Q LL'-4. (aZil)1"-Ii i frij C/)F W 3.W; Q I- = 000Z -- i r 2^,Q+ fro,*yam . Qs . z' wQ: Q Ill O 7 U N ►D.I re=lW jiIP kw s : O O C C .. C Milli ki75.1 a � Z a , r O U E '- '- - ,le�yy qA. 4 Sys t.i m 14 A�J? Z Y � � � 0 O •4466- t n}7i plr 5 44 r kR/'° C C C irr� ' g-€ a • y tNjN O O 2 H H N N 7 x "` g W i 17 , ''tt++ 14 s,., r 3 *' , V r N cO I� co 0 Eli ■ • • PROJECT TEAM The P&D Team that would prepare the Hellman Ranch Specific Plan Amendment EIR is highly qualified to prepare this document. The Team has demonstrated experience in the preparation of EIRs on similar projects and is knowledgeable in the preparation of environmental documents ! for the types of facilities being proposed by the project Specific Plan. The project Team is shown on the exhibit on the next page of this Scope of Work. P&D would retain the services of Edward Heath a consulting Engineering Geologist to review the geotechnical reports on the Hellman Ranch property, review the Geology/Soils/Seismicity/ Liquefaction section of the EIR and assist in responding to comments received on this section of the project Draft EIR. P&D would also retain the services of Noble Consultants, Inc. to review the Wetlands ' Restoration Plan for the Hellman Ranch Wetlands to review the feasibility of the wetlands to be restored/enlarged on the project site. Noble Consultants are recognized experts in coastal engineering and are very familiar with the processes necessary for the successful creation of wetland areas. Scientific Resource Surveys Inc. (SRS) would also assist P&D by reviewing all cultural resources reports prepared on the Hellman Ranch Project. SRS has prepared cultural resources studies on areas on either side of the project site and are familiar with the cultural resources investigations carried out on the Hellman Ranch site. 24 II Z CC ct3 cis O w . W 0 P c oQ coJ ! z a a ,4.: FA a<n I N ad o ! Q O� Z t t� U N=, .c N i _ V a 0 Cn CC a al(7 U I J U T CC c O -c• 0 a2 Q 2 m a cc • W c a cri Ir m E cc co 45 U ~¢ a W cL 7 U NW C Q N CL OS W _a d z ' c0 N m y c U C7 o amp, c.)03 -Ti T CO O : . .. 0001 CL 92 _ ' acacia 0 . o aw m 1 LS Win; °o� �yyi 0 �e W, Jy m�,c Z a CO i-a' a G�,> o ' m¢ ma'o 0z 0 Zi m a c ' 1.::::. " U Q ' _ U c c H O LLI s. c 2~ d LL aa` a� w z m cli vi. 'Z ca Q }J t F cC a CI) 3 cc cc cC - _ _ V °� sZ U . o0 _� 'a) o ' cQQ as {F o¢ 1 m a ' w� P. 0 o ¢W � o } a Jz W U I i T Q > > a, m 7 7 cnCCo a a I—I- 9 V N ¢ U U C C L Q W a E= cci y ui O C Q c co 0 I N W N C � c C o'cci J. N >., i <1 zazcn p> c 7 _ ' ' a -a u - ca = t ca w a2c c-,2 = z Cr a a oW c -1 8 wNw o CC . • Consultant Agreement-- P&D Environmental Services Hellman Ranch EIR November, 1996 EXHIBIT B SCHEDULE OF FEES • D:\WP51\HELLMAN\P&D.AGR\LW\I1-O8-96 19 /111 • P & D CONSULTANTS, INC. SCHEDULE OF FEES ENVIRONMENTAL SERVICES 15 Mar-96 LABOR CHARGE RATES PRINCIPALS $ / HOUR TRANSP. PLANNERS $ / HOUR PRINCIPAL-IN-CHARGE $165 PROJECT TRANSP. PLANNER I $125 SR. TRANSP. PLANNER $105 PRQ f. MANAGERS TRANSP. PLANNER $90 SR. PROJECT MANAGER $125 TRANSP. SYSTEM ANALYST $75 TRANSP. TECHNICIAN $65 ENVIRON. ENGINEERS PROJECT ENGINEER $100 ECONOMISTS•i_ SR. ENGINEER $85 SR. ECONOMIST $130 ENGINEER $65 ECONOMIST , $105 ECONOMIC ANALYST $75 SCIENTISTS .< SENIOR TOXICOLOGIST $140 LANDSCAPEARCHITECT.S SENIOR SCIENTIST $125 PROJECT LAND. ARCHITECT $105 PROJECT SCIENTIST $100 SR. LAND. ARCHITECT $90 TOXICOLOGIST $100 LAND. ARCHITECT I $75 SENIOR ENV. SCIENTIST $90 STAFF LAND. ARCHITECT $60 ENV. SCIENTIST $65 SENIOR GEOLOGIST $85 GEOLOGIST $65 GRAPHICS^ SR. GRAPHICS • $65 :LYIRON ANALYSTS :1 DRAFTER/CADD OPER. $50 PROJECT ENVIR. ANALYST $105 SR. ENVIR. ANALYST/SPECIALIST $85 [OTHER STAFF ENVIR. ANALYST/SPECIALIST $75 WORDPROCESSING $55 SR. RESEARCHER $65 ADMIN SUPPORT $50 RESEARCHER $55 TECHNICIAN $55 REIMBURSABLE EXPENSES HANDLING FEE • 15.00 % VISUAL SIMULATION /HOUR $30 MILEAGE 0.310 /MILE CADD/COMPUTER TIME /HOUR $30 MILEAGE OFF ROAD VEHICLES 0.500 /MILE DELIVERIES /HOUR I $35 REPRODUCTION SINGLE SIDED $0.08 /COPY REPRODUCTION 11 X 17 /COPY , $0.27 REPRODUCTION TWO SIDED $0.11 /COPY •INCLUDES REPORT PRINTING/REPRODUCTION, GRAPHIC AIDS, TRA VEL/AIRFA RE,MEALS,ETC.I, FEES BY GOVERNING BODIES, COMPUTER SERVICES, PHOTOGRAPHY, SUBCONTRACT SERVICES, POSTAGE, TELEPHONE/FAX AND DELIVERY. • ACCOUNTS ARE DUE AND PAYABLE WITHIN 30 DAYS OF THE DATE OF THE INVOICE. PAST DUE ACCOUNTS WILL HAVE A FINANCE CHARGE OF 1.25% PER MONTH COMPOUNDED. ALL RATES MAYBE SUBJECT TO CHANGE AT SUCH TIME AS ADJUSTMENTS ARE MADE AS A RESULT OF AGREEMENTS, i SALARY ADJUSTMENTS AND INCREASED BUSINESS EXPENSES. RATES EFFECTIVE THRU: 12/31/98 cNV95