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HomeMy WebLinkAboutCC 8 GEN PLN AMEND. 09-17-84 CONSENT CALENDAR NO. 8 9-17-84 Inter-Corn HONORABLE HRYOR AND CITY COUNCIL COI~FJNITY DEVELOPMENT DEPARTMENT INITIATION OF A GENERAL PLAN AMENDMENT PREPARATION OF FOCUSED ENVIRONMENTAL IMPACT REPORT DISCUSSION: A request has been received from The Irvtne Company to amend the Land Use Element of the Tu'sttn Area General Plan and to adopt specific Planned community· zoning re~lations for a two phase project. The first phase would be for the construction of a regional automobile shopping' center, located north of the Santa Ana Freeway, south of Bryan Avenue, and approximately 1900 East of Browning Avenue. The second phase would be the. construction of a planned residential community bounded by Bryan Avenue, the Santa Ana Freeway, Browning Avenue and the future extension of Jamboree Road north of the Santa Aha Freeway. Should the Council initiate-the process for the amendment to the General Plan and zoning regulations, a focused Environmeptal Impact Report Will need to be prepared for each phase. The Cfty of Tusttn acting as the lead- agency in &ccordance with the California Environmental Quality Act, is the responsible entity for the preparation of these Environmental Impact Reports. Staff has interviewed and recommends the firm of Michael Brandman Associates, environmental consultant for the East Tustin Specific Plan, to conduct the necessary research and prepare the environmental impact reports for City staff. An agreement for the preparation of a focused EIR for the regional auto center has been prepared by the City Attorney's office and are attached to this transmittal for Council consideration. Only the agreements for the auto center have been prepared at this time, the planned residential phase has not proceeded sufficiently to begin the environmental process. The agreement will require · payment by The Irvine Company for all costs incurred by the City related to processing and preparation of the report. RECOI~dENDATION: Direct staff to initiate proceedings for amending the Land Use Element of the Tustin Area General for a two phase project bounded by the Santa Ana Freeway, Browning Avenue, Bryan Avenue and approximately 530 west of the E1 Modena Channel. Furthermore, authorize the Mayor and City Clerk to execute the subject professional services agreement attached to this transmittal. EK:do attachments: agreements . AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 1984, by and between CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and THE IRVINE' COMPANY, a Michigan corporation, hereinafter referred to as "Company", as follows: WHEREAS, the City and Company desire to have an Environmental Impact Report ("EIR") prepared for the East Tustin Auto Center located upon a portion of the Company properties located in City; and WHEREAS, City has entered into an agreement, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, with Michael Brandman Associates, Inc. (hereinafter referred to as "Environmental Consultant"), for the preparation of an EIR for land of Company located in City, which is hereinafter referred to as the "Consulting Agreement"; and WHEREAS, the Consulting Agreement obligates Environmental Consultant to perform the services described therein for total fees of Twenty-Two Thousand One Hundred Eighty ($22,180.00) Dollars (hereinafter referred to as the "Fee"); and WHEREAS, in recognition of the value to the Company of the services prescribd in the Consulting Agreement to be performed by Environmental Consultant, the Company is willing to pay the Fee to City, provided that the terms and conditions of this Agreement are complied with and performed. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: Section 1: Company shall advise and assist City in overseeing and directing the performance of Consultant in accordance with the terms of Consulting Agreement, and Company shall not control or supervise any such performance. In the event that the Environmental Consultant fails to. fully perform the terms of the Consulting Agreement, City shall not thereafter be authorized to pay the defaulting Environmental Consultant until such failure has been corrected to the satisfaction of the City or until City, in the reasonable exercise of its judgment, determines that City is legally obligated to make such payments. Section ~: Immediately upon receipt, City shall deliver to Company one (1) copy of every report and reproducable graphic produced in conjunction with the performance of the Consulting Agreement, and shall make available to Company, upon its reasonable request, any and all materials, reports, letters, maps, schedules and graphics produced by or under the direction of Environmental Consultant in the course of performance of the Consulting Agreement. Section ~: Company shall reimburse City for all of the fees and costs of the environmental consulting services described in the Consulting Agreement. Company shall deliver to City for deposit with the City Treasurer, Twenty-Two Thousand One Hundred Eighty ($22,180.00) Dollars, in one (1) installment, with the installment to be paid forthwith upon execution of this Agreement by both parties. City agrees that the total liability of Company which may arise from this Agreement shall not exceed Twenty-Two Thousand One Hundred Eighty ($22,180.00) Dollars. Company shall not be obligated to pay for any increase in the scope of the environmental consulting services described in the Consulting Agreement, unless the increase in the scope of work is approved by Company in writing, in advance. If City, in its judgment, determines that the Environmental Consultant is not fulfilling its contractual obligations, City may take any and all actions it deems appropriate to insure performance by the Environmental Consultant, including discharge of the Environmental Consultant. In the event City, in the exercise of its reasonable judgment, determines that Environmental Consultant is not performing its duties as prescribed by the Consulting Agreement, City may withhold payment to the Environmental Consultant. In such event, City shall advise Company of such fact, and the aforesaid payments to be made by Company shall be deferred in an amount commensurate with the withheld payment or payments. The employment of any replacement consultant shall be upon written agreement between City and Company. Section 4: City agrees to use all monies paid by Company pursuant to this Agreement, toward payment of the Environmental Consultant in satisfaction of City's obligation stated in the Consulting Agreement. ~ ~: Any Company funds delivered to City but not utilized in satisfaction of City's obligations as set forth in Paragraph 4 above, shall be' promptly paid by City to Company. Section ~: Company and City may terminate this Agreement upon mutual written consent to termination. In the event of such termination, Company shall immediately reimburse City for the cost of all work completed by Environmental Consultant as of the date of termination. Section 2: If either party files an action to enforce or interpret the terms of this Agreement, the non-prevailing party agrees to pay to the prevailing party, its reasonable attorneys' fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TUSTIN, a municipal Corporation By Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE IRVINE COMPANY, Corporation a Michigan By By~ JGR:SA:pj:D:08/30/84(18.) TUSTIN AUTO CENTER ENVIRONMENTAL IMPACT REPORT ENVIRONMENTAL CONSULTANT THIS AGREEMENT is made and entered into this day of ,. 1984, by and between the CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City") and MICHAEL BRANDMAN & ASSOCIATES, INC., a California corporation, 18021 Skypark Circle, Suite E-2, Irvine, California 92714 (hereinafter referred to as -Environmental Consultant". WITNESSETH WHEREAS, City desires to employ an Environmental Consultant to furnish the necessary environmental consultant services for the preparation of an Environmental Impact Report ("EIR") for the Tustin Auto Center which shall hereinafter be referred to as the "Project"; and WHEREAS, Environmental Consultant has indicated its willingness to furnish said project services to City; and WHEREAS, Consultant has submitted to City a proposal dated August 13, 1984, a copy of which is attached hereto, marked Exhibit "A" and is by this reference incorporated herein as though set forth in full hereat ("the Proposal"). NOW, THEREFORE, City agrees to employ and does hereby.employ Environmental Consultant to provide consulting environmental services for the Project, and City and Environmental Consultant, for the consideration hereinafter set forth, agree as follows: A. Scope of Environmental Consultant's Services: Environmental Consultant agrees to prepare and furnish to City, following receipt of written authority to proceed, environmental services for the Project. These services shall include all of the services to be performed in the manner described in the Proposal and shall include, but not be limited to, the following: ~: PROJECT DEFINITION AND ORGANIZATION- Environmental Consultant shall meet with City Staff to discuss details of proposed Project, and refine, as necessary, the focus and content of EIR. Specific tasks to be undertaken, in furtherance of project definition and organization include the following: ~[~_~: Review project proposals submitted to City by The Irvine Company ("TIC"). 1 EXHIBIT "A" $~: Finalize complete project descrip- tion, as well as description of project alternatives. ,~~_~: Identify projects to be considered in the cumulative impact analysis. ~: Assist City in distribution of the Notice of Preparation (NOP) and monitor agency responses as they are received. ~: Finalize Project schedule. Task B: PREPARATION OF PRELIMINARY DRAFT EIR. This task includes consolidation of environmental data, direct and cumulative impact evaluation, development of mitigation measures, and report compilation. The format and content of the EIR will be in full compliance with CEQA and state and local EIR guidelines. The major environmental issues to be addressed in the EIR are as follows: Introduction and Summary. Prepare introductory statements of the report to include identification of authors and lead agency responsibilites and the intended scope, the purpose of the environmental impact report and location and nature of the Project. Prepare summary of the EIR to include an identification of the unavoidable adverse impacts, impacts subject to mitigation, and recommended mitigation measures. zation. Project Description and Organi- Prepare project description section of the EIR to include the following: characteristics a. Regional and local location. b. Project including proposed land uses, discretionary actions required by the City and other agencies, significant features of the plan, and engineering infrastructure considerations. c. Project objectives. d. Project phasing. e. Responsible/lead agencies. ~: Data Consolidation, Impact Analysis and Mitigation Measures. Assess overall development concept which includes potential land uses, intensities, acreages and locations, as well as any design standards of the'development. Specific topical areas to be assessed, the general approach to be used and the known issues to be confronted in each section are as follows: a. Water ]~9_S~: The EIR will evaluate impacts associated with flooding, storm drainage, ground water levels, ground water quality and sedimentation. Environmental Consultant will work with TIC engineers to ensure that EIR is consistent with phasing and engineering measures being designed to mitigate any flooding impacts. Reasonable mitigation measures will be developed as appropriate. b. Land Uses and t_~_~: (1) Potential impacts on existing and surrounding land uses will be examined. An assessment of construction related impacts, including short term air quality, visual effects, construction noise and construction traffic will be discussed. The long term effects of Project implemention on surrounding properties will be summarized, drawing in part from other topical areas addressed in the EIR (example, transportation/circulation, air quality, noise, visual impacts, etc.). (2) Discussion will provide a comprehensive listing of impacts of importance to surrounding residents and businesses. The focus of analysis will be on the comparability of the project with existing and planned land uses surrounding the site. Analysis will be complete in its discussion and potential impacts and ~ppropriate mitigation measures. (3) Particular emphasis will be given to the proposed operational and performance characteristics of the Auto Center (i.e. hours of operation, noise, and. light characteristics) and potential impacts to the newly proposed residential area. (4) The EIR will also contain a review of the aesthetic characteristics of the Project based upon the design and development standards in the planned community (PC) or Zoning Regulations. EIR analysis will discuss Project appearance from .surrounding roadways, and standards for landscaping, signage, building height, and other design treatments to minimize aesthetic impacts. Additional mitigation measures will be recommended as deemed appropriate. c. ~F~L~~: The following will be documented: 1. Loss of prime agricultural lands based on productivity and soil classifications; 2. Loss of existing production by.type of crop and as a percentage of total county and state production; 3. Loss of important farm lands as mapped by the state of california; e agricultural use including urban encroachment, other economic considerations; 5. Cumulative loss of agricultural lands; and Factors which may limit long term water costs, and county-wide 6 Other agricultural isseus of importance that may be ~equired by the State Department of Conservatign. ' ' Mitigation measure~ will be developed to lessen the significance of identified conversion impacts. d. Transportation/Circulation. An analysis of traffic and circulation will be performed by Austin-Foust Associates ("Traffic Consultant"). Environmental Consultant will coordinate directly with the Traffic Consultant to provide a thorough assessment of traffic/circulation impacts. Traffic analysis will include analysis of three primary scenarios: (1) existing conditions, (2) traffic conditions existing during first several years of operation of Auto Center and (3) traffic conditions after completion of the Jamboree Road extension and the I-5 Jamboree Road interchange (Traffic Consultants' scope of work is attached hereto as Exhibit "B", and incorporated herein by this reference). e. Air Q~. Evaluation of the short term impacts (example dust generation, construction equipment emissions) and the long term. effects (including stationary and mobile emission burden) of Project implementation. Total projected emission and the projects percentage of county-wide commissions in the year 2000 will be indicated. Carbon monoxide concentrations will be determined utilizing the k-line three modeling technique. This microscale assessment will be performed to determine "before project close" and "after project close" and "cumulative" impacts selected worse case locations. The format and methodology of the air quality assessment will be in full compliance with state and local guidelines. Mitigation mesures will be recommended as appropriate. f. Nois~. Noise impacts resulting from project implementation will be thoroughly addressed in the EIR. The effects of project impacts on adjacent residential and insti- tutional uses bordering Browning Avenue, and traffic noise im- pact, on existing and proposed land uses resulting from increased traffic will receive particular attention in the noise assess- ment. Mitigation measures will be detailed for all potential impacts identified. g. ~ ~ ~.uf~. The EIR will examine the growth inducements created by project implementation, and the potential secondary effects on other proximate lands. Direct project related growth will also be addressed including: 1. Short term (construction) and long term (auto center) employment opportunities; tion growth; and e Employment growth vis-a-vis popula- 3. Increased demand for housing to accommodate on-site employees. The project's consistency with local and regional growth forecasts will be summarized. _h. Cu~ll~ ~pacts. The cumulative effects of the project in combination with other nearby known and/or anticipated projects will be assessed topical environmen- tal issue. Environmental Consultant, in conjunction with City, will identify these other projects to be considered in the cumu- lative impact evaluation early in the EIR preparation process. Where possible cumulative effects will be quantified by the Engineering Consultant. i. A~. Prepare alternatives sec- tion of the EIR to include, but not limited to, the following: 1. No project; 2. Existing General Plan impacts asso- ciated with development of currently designated residential uses. 3. Other al'ternatives identified dur- ing the notice of preparation process or during the course of the environmental impact assessment which may have the effect of reducing or minimizing identified impacts. .Sufficient detail will be provided in the evaluation of alternatives to insure a reasonable comparison with the proposed Project. Minor variations to the proposed Project which could have the effect of reducing or eliminating environmental concerns will be evaluated and documented. As required by the State EIR Guidelines, the advantages and disadvantages of each alternative will be discussed and the reasons for rejecting or recommending project alternatives will be stated. j. Other Mandatory EIR ~ue~. other mandated sections of the EIR as follows: Prepare mitment of resources. 1. Irreversable and irretrievable com- 2. Relationship between short term uses of environment and maintenance and enhancement of long term productivity. 3. Effects found not to be significant (including land form, geology, cultural/historical, and biologi- cal effects). 4. Unavoidable adverse impacts. 5. List of organization and persons consulted and those involved in EIR preparation. 6. Appendices. ~: The scope of work described under Task B will be organized in appropriate EIR format. Five (5) copies of this preliminary draft EIR will be submitted to City for review and comment. ~1~: PREPARATION OF FINAL DRAFT EIR. $_~~: Meet with City staff to receive and discuss comments on, and suggested revisions to, the Preliminary Draft EIR. ,~~k_~: Complete revisions to the Pre- liminary Draft EIR pursuant to City's review comments. Ad- ditional announcements will be prepared as required. ~~_~: Reproduce fifty (50) copies of the Final Draft EIR for submittal to City and distribution to re- viewing agencies and interested parties. The Final Draft EIR will be photocopies (double-sided) and combound with all exhibits and cover overset printed. ~: Mail the Draft EIR to appropriate reviewing agencies, interested parties and State Clearing House for a thirty (30) day review and comment period. The remaining documents will be forwarded to City for in-house use and distri- bution to the Project Team and decision ~makers. ~m~: PREPARATION OF THE FINAL 'EIR. $_~A~o~: Prepare draft responses to sub- stantive comments on the Draft EIR and submit fifteen (15) copies to City for review. ~: Meet with City staff to adjust responses, if necessary. ~: Prepare finalized comments and responses documents for use by City as part of the Final EIR and print twenty-five (25) copies for submittal to City. ~: Mail comments and responses docu- ment to commenting agencies prior to certification of the Final EIR. Task E: ATTk D PUBLIC MEETINGS AND HEA~._NG. Attend two formal public hearings held before the Plan- ning Commission and City Council on the EIR. Task F: GENERAL COORDINATION AND MEETINGS. · AL~_~: Conduct, no less than, weekly tele- phone conference with the City's Project Manager to report Pro- ject status and discuss any possible problem or issues. ~/~: Attend at least four (4) meetings, as necessary, with City staff which may occur at (1) Project initiation, (2) Preliminary D~aft EIR submittal, (3) Final Draft EIR submittal, and (4) during preparation of response to com- ments. Task G: PREPARATION OF WRITTEN FINDINGS FOR INCORPORATION INTO RESOLUTION OF CERTIFICATION. Prepare written findings pursuant to Section 10591 and the State CEQA Guidelines (Section 21081 of CEQA) for each significant effect identified in the EIR for incorporation into the resolution of certification. B. Time for COmpletion: It is hereby understood and mutually agreed that the time for completion of the work to be performed by Environmental Con- s'ultant is an essential condition of this agreement. Environ- mental Consultant agrees that it shall prosecute regularly and diligently the work of this agreement accordingly to reasonable schedules established by City for the various items of work described in paragraph.1. Environmental Consultant shall not be accountable for delays in the proress of its work caused by any condition beyond its control and without the fault or negligence of Environmental Consultant. Any delays shall not entitle Envi- ronmental Consultant to any additional compensation under any circumstances, regardless of the party responsible for the delay. C. Compensation: The compensation to be paid under this agreement shall be as follows: Task Fee Consultant's Labor Fees: A. Project Definition/Organization $ 400.00 B. Preliminary Draft EIR 7,500.00 C. Final Draft EIR 1,700.00 D. Response to comment 2,100.00 E. Attendance at public hearings 480.00 F. General coordination and meetings 1,200.00 Ge Prepare w~_¢ten findings Subtotal Consultant's Labor Fees 1,100.00 14,480.00 Traffic Consultant Fees: Preparation of Traffic Report $ 6.300.00 Estimated ~irect costs A. In-house photocopying (10 cents/page) blue prints/reproduction/graphis 5 copies screen check EIR 50 copies Draft EIR 25 copies comments and responses TOTA~ ESTIMATED FEE $ 1,400.00 $ 22,180.00 D. Miscellaneous Provisions: A. City and Environmental Consultant further agree to the following conditions: 1. City, by notifying Environmental Consultant in writing, shall have the right to terminate any or all of the services and work covered by this agreement at any time. 2. Environmental Consultant agrees that it shall proceed immediately and diligently to perform the services provided for in this agreement upon receipt of notice from City to proceed therewith. 3 The terms and provisions of this agreement shall extend to ~nd be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. 4. Environmental Consultant shall perform the services hereunder as an independent contractor and under no circumstances or conditions shall Environmental Consultant and/or any of its agents, servants or employees, be considered as an employee or agent of the City or TIC. 5. Environmental Consultant shall perform all services required under this agreement in a careful, diligent and professional manner and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this agreement. Consultant, as a material part of the considera- tion of this agreement hereby waives on its behalf and on behalf of all others claiming through Consultant, all claims and demands against City and TIC, their agents, employees, successors and assigns, for all ' ~s, damage, injury, sick ss or death of any person resulting from the performance of this agreement, and agrees to indemnify, defend and hold City and TIC, their agents, employees, successors and assigns h~rmless from any loss, damage, injury, sickness, death or other claim made by other persons and from all costs, expenses and charges arising therefrom. Consultant shall maintain in full force and effect during the term of this agreement its existing policies of insurance for which certificates of insurance have heretofore been delivered to City and TIC. 6. Environmental Consultant shall carry and pay for such compensation insurance'as is necessary to fully protect Environmental Consultant and its employees under California Workers Compensation Insurance and safety laws, to relieve City and TIC from all responsibility under said laws in connection with the performance of this agreement, and upon the execution of this agreement to file with City a certificate certifying to said protection. 7. Environmental Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this agreement or against any application for such employment because of race, religion, color, sex, or national origin, including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8. Consultant shall provide City monthly with a detailed itemization of all work performed, time spent, and the fees, costs and charges accrued thereon, in complete and sufficient detail to fully apprise City thereof. IN WITNESS WHEREOF, this agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a municipal corporation BY: Mayor ATTEST: City Clerk APPROVED AS TO FORM: JAMES G. ROURKE City Attorney MICHAEL BRANDMAN & ASSOCIATES, INC., a California corporation BY: JGR:SA:pj :09/05/84(9.cjp) 10 PROPOSED SCOPE OF WORK TUSTIN AUTO CENTER. Ouc preliminary scope of work has been organized into seven general task categories as follows: Project Definition and Organization B. Preparation of the Preliminary Draft EIE C. Preparation of the Fi~,l Draft ~ D. Preparation of the Final ~ Attendance at Public Hearings F. General Coordination and Meetings G. Preparation of Written Findin~ for Incorporation Certification into Resolution of Each of these primary t~sks is described more fully on the pages which follow. This initial task provides an opportunity for the consultant and City staff to discuss the data/is of the proposed project and to refine, es necessary, the focus and content of the ~. Specific t, sks to be undertaken herein include, but are not limited to: · Review of project proposals as submitted to the City of Tustin' by The Irvine Company. · l~inalize a complete project description, es well as a description of project alternatives. · Identification of projects to be considered in the cumulative impact analysis. · Assist City in the d/stribution of the NOP (as necessary) and monitor a~ency responses as they are received. · Finalization of a project schedule indicating specific dates for completion of work tasks. As part of this initial task, we have budgeted for a meeting with the City of Tustin to review the details of the proposed Auto Center project. It is our experience that this brief organizational work effort will promote a clearer understanding of the project objectives between the City and the consultant and will ensure that the project can move forward with the efficient expenditure of time and budget. EXHIBIT "A" Ta~k B~ Pt~p~ra~on of the Prelim~ I~*~t't ~ This t-~k eom@rises-the majority of the environmental analysis including consolidation of environmental data, direct and cum-l-tire impact evaluation, development of mitigation measures, and report ~ompil~tion. The format and content of the ~ will be in full compliance with CEQA and state and local F.~ ~uidelines. The text will be su~pleme~!..ted with ~l. aphies and table~, as n _ee~__ ~y, to present the infor~afion in a concise and easily understood format. Provided below is a description of our preliminary scope of work for each of the major environmental issues (or "chapters") to be addressed in the BIR. We have endeavored to tailor the proposed scope of work of the EIR as closely as possible to the requirements of the revised Tustin Auto 'Center project. This preliminary scope of work may require further refinement following additional discussions with the City of Tustin and The Irvine Company, or following completion of the revised NOP process. Introduction and Summar~ The introductory statements of the report will include identification of authors and lead agency responsibilities and the intended scope and purpose of the environmental impact report.. The location and nature of the project will be described briefly in compliance with the state CEQA g~idelines. The summary of the wr~ will present the major conclusions of the report in a concise and easily understood format. The summary will include 'an identification of the unavoidable adverse impacts, impacts subject to mitigation, and recommended mitigation measures. We propose the use of a tabular format to present this summary information to assist the public and decision-makers tn their review of the report~ conclusions. A brief, executive summary will also be provided to highlight the key findings of the ~ Project Description A complete description of the project will be provided, including the following: ReKional and local location. Project characteristics including proposed land uses, discretionary actions required* by the City and other a~encies, llstin~ of required permits, sigrfiflcant features of the. pls~, and engineering and infrastructure considerations. ' · Project objectives. · Responsible/lead agencies. · Project phasing. Data Consolidation~ Impact Analysis? and Mitigation Messure~ MBA's environmental assessment will address the over~ll development concept which includes potential land uses, intensities, acreages and locations, as well as any design standards of the development. We have identified on a preliminary basis a total of six (6) topical environmental issues for assessment. Each of these issues is discussed more f. lly below. Water Resources - The project site is located in an area known to exhibit problems associated with floodir~ (due to the unimproved nature of the E1 Modena Irvine Channel), high groundwater levels, and poor groundwater c~,Al~t7. The project site is also within the watershed boundaries of the Upper Newport Bay Bcologieal Reserve which has experienced significant impacts associated with sedimentation. We propose that these issues be addressed in the ~ and that mitigation measures be set forth to ensure that significant adVer~ impacts do not occur. Our previous research on the original auto center ~rR related to regional groundwater issues and existin& drainage eondittoos in the area can be applied to the new auto center proposal The primary work effort on this topic will be directed towards potential flooding impacts and mitigation measures related to the -new site for the auto center. We will work ciosel~, with The Irvine Company~ engineers to ensure that the ~ is consistent with phasin~ and engineerin~ measures being designed to mitigate any floodin& impacts. Land Use anu aesthetics - This section will exar,..,~e the potential impacts on existin~ and planned surrounding land uses. The discussion will include an assessment of construction-related impacts including short-term air quality, visual effects, construction noise, and construction traffic. The long-term effects of project implementation on surrounding properties will be summarized, drawing in part from other topical i~ues addressed in the BIR (e.g., Transportation/Circulation, Air Quality, and Noise). Given the concerns raised 0;~er the ori~/nal auto center proposal, we see this section of the ~ as a particularly important analysis. The dise~s_=ion will provide a comprehensive Idsting of those impacts important to surrounding residents and businesses and will reference other sections of the ~ for greater detail The focus of the analysis will be on the eompatibility of the project with existing and planned land uses surroundin~ the sit'e. While the new site for the auto Center is not adjacent -to ex/sting residential areas, the proposed residential land uses between the project site and Browning Avenue, and community awareness of the potential conflicts between residential areas and the auto center require that this analysis be complete in its discussion of potential impacts and appropriate mitigation measures. ParticulAr emphasis will be ~iven to the proposed operational and performance characteristics of the auto center (i.e., hours of operation, noise, and light character/sties) and the potential impacts to the newly proposed residential area. Our understanding is that this area will be built at a density of approximately 10 dwellin~ units to the acre. Given that the auto center, this residential area and the extension of Jamboree Road are all in plannin~ phases at this time, mitigation measures will be oriented towards redueir~ any potential impacts by suggesting measures and standards for the proper design of this edge. This section of the BIR will ~ review the aesthetic characteristics of the project bssed upon the design and development standards set forth in the Flanned Community (PC) or Zoning Re,relAtions. Emphasis will be placed on how the project will appear from major surrounding roadways (particularly the Jamboree Road extension aha the 1-$ Freeway). The EII~ analysis will discuss standards for landscaping, signage, building height, and other design treatments that may have been incorporated into the plan to minimize aesthetic impacts. Additional mitigation measures will be recommended as determined appropriate. e A~ricultural Resources - The conversion of a~rioultural lands to urban uses has become an increasingly controversial issue at the state and regional level. Based upon our rec~nt experience, it can be anticipated that the State Department of Conservation will review closely this aspect of the project. ,MBA staff has participated extensively in a~ricultural land conversion projects and is very familiar with the nature of environmental documentation that will need to be prepared in this regard. We propose to document the following: · Loss of prime agricultural 1Rnds based upon productivity and soil clsssificaUons. · Loss of.e~L~ting production by type of crop and as a percentage of total county and state production. · Loss of important farmlRnds as mapped by the State of California. · Factors which may l/mit long-term agricultural use including urban encroachment, water costs, and other economic considerations. · Cum,,l~tive loss of countywide agricultural lands. · Other agricultural issues of importance that may be required by the State Department of Conservation. To the extent [~esible, mitigation measures will be suggested to lessen the significance of identified conversion impacts; however, it can be anticipated that this impact will be ls~gely unavoidable. Transportation/Circulation - An a, slysis of traffic and circ,,lstion will be performed by Austin-Foust Associates; a scope-of-work for this analysis is attached to this proposal. The traffic analysis will include analysis of three primary scenarios: (1) existin~ conditions, (2) traffic conditions ex~tin~ durin~ the in'st several years of operation of the auto center (assuming the extension of Lacuna Road to the project site and San J-ce Street to Myford Road) and (3) traffic conditio,,.~ after completion of the Jamboree Road extension and the I-5/Jamboree Road interchange. We feel that analysis of these three scenarios is essential to correctly identify short- and long-term impacts to the existing residential areas west of Browning A~enue from the increased traffic on Lacuna Road, San Juan Street, and Browning Avenue. ,Based on community concerns raised by the original, auto center proposal, we anticipate that this /ssue will be of particu/ar concern to reside..nts in the area. Air Quality - In anticipation of comments from the Count7 of Orange, South Coast Air Quality Management District, and State Air Resources Board, the EIR will evaluate the short-term impacts (e.g., dust generation, construction equipment emissibns) and the long-term effects (including stationary and mobile emission burdens) of project implementation. Total projected emissions, .and the project's percentage of countywide emissions wffi be indicated. Carbon monoxide concentrations will be determined utilizin~ the Caline 3 modelin~ technique. The microscale assessment will be performed'to determine ~before-projeet,' "after project," and -eum~lAtive~ impacts at two selected wcrs~--ease locations. The format and methodology of the report will be in full compliance with state and local guidelines. Mitigation mea.~ures will be recommended as appropriate. 6. Noise - The noise analysis will provide a detailed evaluation of the impacts associated with two primary noise concerns: l~rojeet impacts on the proposed residential area between Browning Avenue and the project and other planned land uses surrounding the site. · Traffic noise impacts on existir~ and proposed land uses resulting from increased traffic associated with the project. The first concern will be addre_~ed q~ml~tatively. The discussion will include an analysis of noise characteristics of auto center uses (based partially on previous noise measurements made ~.. the Irvine Auto Center) and th~. Dotential-impacts to the proposed residential area. The latter concern will be addressed through quantitative noise modeling based on the proiected traffic for key streets. Estimates will be provided for noise levels associated with vehicular (including truck) traffic increases resulting from the project. Potential mitigation measures include site planning standards (suggestions for orientation of noise generating service bays, loudspeakers, etc.) and noise .standards to be incorporated into the Planned Community Regulations. Growth-Inducing Effects This chapter of the EIR will examine the growth inducements created by project implementation~ and the potential secondary effects on other proximate lands. Direct proiect-related growth will ~l_~o be addreSSed including: (1) short-term (construction) and long-term (auto center) employment opportunities, (2) employment growth vis-a-vis population growth~ and (3) increased demand for housing to accommodate on.site employees. The project's consistency with local and regional growth forecasts will be summarized. Cum,,1-tive Impacts The cum-l=tive eHects of the project in combination with other nearby known and/or anticipated projects will be asseSSed for each topical environmental issue. MBA in conjunction with the City-of Tustin will identi~y these other projects to be considered in the cum-lRtive impact evaluation early in the ~ preparation process. Where [~ssible, cumulative effects will be quantified by the MBA project team. At a minimum, we would anticipate addressin~ the cumulative impacts associated with the propnsed residential development located between Browning Avenue and the auto center site. Alternatives MBA will explore up to three alternatives as defined by the City of Tustin. At present we su~l~est that the followir~ alternatives be'coms/dered for includon in the 1. No Proiect - Required by State CEQA Guidelines. 2. ~.~istin~ General Plan.- Impacts associated with development of currently desi~mated residential uses. 3. Alternative Locations.- Alternative 'locations that would reduce or Minimize identified impacts will be examined. These alternatives .will be dMcussed and defined further prior to [nitiation of the preliminary draft EIR. Sufficient detail and impact q,~utification will be provided for each alternative to ~llOW compar~on with the project as c-Jrrently Submitted. The relative advantages and disadvantages of each of the alternatives will be discussed. During the course of the environmental assessment, minor variations to the proposed project may ~lso become apparent which could have the effect of reducing environmental impacts. Any such variations to the project as proposed will be evaluated in the alternatives section of the BIR. Other Mandator~ ~ Sections The wI'E will include all other C][~A mandated ~ sections ineludint~ the following: · Irreversible and irretrievable commitment of resources. · Relationship between short-term uses of the environment and maintenance and enhancement of long-term productivity. · Bffects found not to be signific.ant (including landform, geology, cultural/ historical, and biological effects~. · Unavoidable adverse impacts. · List of or~mizations and persons consulted and those involved in preparation. · Appendices. The scope of work described unde~ Task B will be organized in a~ProPriate ~ format and assembled with supporting graphics, tables, and technical appendices to comprise the complete preliminary draft ][IR. This preliminary draft will be submitted to the City of Tustin for review and comment. Products (Task B): Five (5) copies of the complete preliminary draft EIR for City review and comment. ' TA-~k C: Preparation of Fi;~,l Draft Following receipt, of the City's comments, MBA will make all corrections and/or additions consisteht with the agreed-upon scope of work. We anticipate attending at least one meeting with the City staff~to receive the pre]imina~ draft KIR comments and to ensure that the City~ eommants are fully addressed. Once these comments are addressed, the final draft'EIR will be printed and forwarded to the City. The report text will be photocopied (double-sided) and comb- bound unless another binding teelmique is specified by the City. Fifty (50) copies of the final draft EIR will be furnished for distribution to decision-makers, concerned agencies, and individuals. We ~1-~o budgeted to assist the city in preparing the necessary documentation for securing a 30-day draft SIR review from the State Clearin~honse. We have budgeted for approximately 40 hours of MBA staff time for completion of this task which should prove adequate. Should additional time be necessary due to unforeseen cireumstances~ we will contact you to discuss a revised fee estimate. Products (Task C): Fifty (50) copies of the f'mal draft P. IR for City distribution. At the close of the 30-day public review period, MBA will respond to all written and verbal comments received on the draft EIR. The comments and responses will be printed and bound for use by the City staff and for distribution to decision-makers. We have budgeted for approximately 50 hours of MBA time for completion of the proposed final EIR. We believe that this time estimate will be sufficient given our present understanding of the project. However~ should substantial comments be received on the draft I/IR due to citizen group involvement or actions by other agencies, additional time may be neeassary to respond adequately. Should these circumstances arise, we will contact you to discuss a revised fee estimate. Products (Task D): Twenty-five (25) copies of the Comments and Responses supplement. Tssk ]{~ Atte~t~nee at Public Hem-ings The MBA Project-Manager (Lloyd W~ Bookout) will attend two public hearings for presentatiort~ an~ to answer questions concerning the ~ (_~rume one Planning Commission and one City Council h~ing). Additional hearing attendance can be accommodated on a time-and-materials basis assuming $60.00 hour. products (Task E): Attendance at up to two (2) public hearings. Task F: General Coordination and Meetings In order for MBA to f,,11y m-~ess and keep abreast of all issues inherent in the proposed project, continuing coordination will be required with the City of Tustin and project subeonsuitants. The coordination will take place during each of the preceding stages and is separated here for ease of ~-~essment. Within the coordination phase, we have budgeted for four meetings (averaging three hours each) with staff which may occur at: (1) project initiation, (2) preliminary draft Ill{ submittal; (3) t'maI draft BtR submittal, and (4) during preparation of response to comments. This phase of work also provides the opportunity for sound project management to ensure that the project is running on time and within the budget. To ensure a smooth progression of events, telephone contact will be maintained between MBA and the City~ project Manager on no less than a weekly basis. products (Task F): Attendance at up to four meetings and no less than weekly communication with the City of Tustin Project Manager. Task G: Preparation of Written Findings f~r In .e~.poration Into Resolution of Certification MBA will prepare written findings pursuant to Section 15091 of the State CEQA .Guidelines (Section 21081 of CI!QA) for each significant effect identified in the I/IR. The importance of these findings to the legal adequacy of environmental documents has been reinforced by several court eases, ineludin~ Clear~, vs. _Count~ of Stanislaus~ V'flla~e La~una~ Inc. vs. Board of Su~)ervisor~ of O~an~e County, and Eui~ene E. Atherton vs. Board of Supervisors of Orange County. The nature of the proposed p~ojeet justifies the development of comprehensive legal findings to better p~oteet the environmental analysis from possible legal challenge. P~oduets (Task G)'.' WHtten findings for incorporation into the ~esolutinn of certification. / AUSTIN' FOUST ASSOCIA' August 10, 1984 INC. I TRAFFIC ENGINEERING AN 'RAN,$PORTATION PLANNING 1450 NORTH TUSTIN AVENUE, SUITE 108 SANTA ANA. CALIFORNIA 92701 TELEPHONE: (714) 667-0496 Mr. Lloyd Bookout Michael Brandman A. ssociates 3140 Red Hill Avenue, Su/te 200 Costa Mesa, California 92626 P,E: Tus~_~n Auto Center EIR Dear Lloyd: Austin-Foust Associates (AFA) is pleased to propose a scope of services for preparing an EIR for the revised Tustin Auto Center site. From discussions with yourself and other members o£ the proiect te~m, we believe the scope of work outlined here addresses the information that needs to be modified or added to the traffic analysis document. Accordingly, we propose to carr7 out the following' [our work tasks: 1. Prepare Back~round Conditions - The background traffic conditions [or the proposed Auto Center will include a 1986 setting that reflects completion of the project, and then a 1990 time frame which will be ex=mined with and without the proposed 3amboree/[-5 interchange. A further situation that wi]/ be referenced in the EIR is a comparison between the trip generation from the project and the trip generation that could occur under the e~is~ng General [=lan o Data will be drawn from the Tustin Traffic Study and other sources to provide background conditions for these three points in Hme. The background conditions for 1990 will be derived from existing vol, mes and projected growth in thi~ area. Cumulative vo],,mes from adjacent development in the East Tustin Specific Plan area wi/1 be included as appropriate. 2. Analyze Impacts - The impact analysis will involve identifying the c-mulative impacts of the project. Trip generation and trip distribution will be estimated and then an evaluation made of the capacity impacts on the surrounding street system. Time frame for the impact analysis will be 1986 and 1990. For 1986, two situations will be exam/ned with respect to the Myford interchange. The first will assume the existing highway configuration and interchange with I-$. The second will assume the new interchange as presently planned and conta/ned in the STIP. For 1990, the new interchange will be assumed, but impacts with and without the proposed J=mboree/I-$ interchange will be addressed. .EXHIBIT "B" The General Plan analysis w/I/ be confined to a comparison of trip generation between the General Plan and the proposed Auto Center as noted in Item 1. 3. Prepare Mitigation Package - The final work item will consist o£ examining the surround/ng street system and determining mitigation measures that may be required. Typical areas to be exanfined w/Il include Laguna Road, Bryan Avenue, Myf~rd Road and the Myford/I-5 interchange. 4. Report and Presentations -.'The results of the work will be set out in a draft written report in suitable '~ora~at for incorporation into the EIR. Following th~ screencheck, comments will be responded to as required and incorporated into a final dra/t. ESTIMATED COSTS Estimated costs for this work is as fo/lows: Princip al Transportation Planner Sr. Technical Technical 40 hours @ $55.00 60 hours @ $30.00 40 hours ~ $30.00 40 hours @ SZ0.00 $2,200.00 1,800.00 1,Z00.00 800.00 Fixed Costs 300.00 TOTAL $6,300.00 These costs include attendance at a public hearing for the project. Thank you for the opportunity to assist in this important planning project. Ter/enc~W. Austin TWA/bgw TUSTIN AUTO CENTER ENVIRONMENTAL IMPACT REPORT ENVIRONMENTAL CONSULTANT THIS AGREEMENT is made and entered into this day of .... , 1984, by and between the CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City") and MICHAEL BRANDMAN & ASSOCIATES, INC., a California corporation, 18021 Skypark Circle, Suite E-2, Irvine, California 92714 (hereinafter referred to as "Environmental Consultant". WITNESSETH WHEREAS, City desires to employ an Environmental Consultant to furnish the necessary environmental consultant services for the preparation of an Environmental Impact Report ("EIR") for the Tustin Auto Center which shall hereinafter be referred to as the "Project"; and WHEREAS, Environmental Consultant has indicated its willingness to furnish said project services to City; and WHEREAS, Consultant has submitted to City a proposal dated August 13, 1984, a copy of which is attached hereto, marked Exhibit "A" and is by this reference incorporated herein as though set forth in full hereat ("the Proposal"). NOW, THEREFORE, City agrees to employ and does hereby employ Environmental Consultant to provide consulting environmental services for the Project, and City and Environmental Consultant, for the consideration hereinafter set forth, agree as follows: A. Scope of Environmental Consultant's Services: Environmental Consultant agrees to prepare and furnish to City, following receipt of written authority to proceed, environmental services for the Project. These services shall include all of the services to be performed in the manner described in the' Proposal and shall include, but not be limited to, the following: PROJECT DEFINITION AND ORGANIZATION. Environmental Consultant shall meet with City Staff to discuss details of proposed Project, and refine, as necessary, the focus and content of EIR. Specific tasks to be undertaken, in furtherance of project definition and organization include the following: ~: Review project proposals submitted to City by The Irvine Company ("TIC"). ~3/~: Finalize complete project descrip- tion, as well as description of project alternatives. ~: Identify projects to be considered in the cumulative impact analysis. ~lh~: Assist City in distribution of the Notice of Preparation (NOP) and monitor agency responses as they are received. Finalize Project schedule. Task B: PREPARATION OF PRELIMINARY DRAFT EIR. This task includes consolidation of environmental data, direct and cumulative impact evaluation, development of mitigation measures, and report compilation. The format and content of the EIRwill be_in full compliance with CEQA and state and local EIR guidelines. The major environmental issues to be addressed in the EIR are as follows: Introduction and Summary. Prepare introductory statements of the report to include identification of authors and lead agency responsibilites and the intended scope, the purpose of the environmental impact report and location and nature of the Project. Prepare summary of the EIR to include an identification of the unavoidable adverse impacts, impacts subject to mitigation, and recommended mitigation measures. zation. Project Description and Organi- ~repare project description section of the EIR to include the following: a. Regional and local location. b. Project characteristics including proposed land uses, discretionary actions required by the City and other agencies, significant features of the plan, and engineering infrastructure considerations. c. Project objectives. d. Project phasing. e. Responsible/lead agencies. and Mitigation Measures. Data Consolidation, Impact Analysis Assess overall development concept which includes potential land uses, intensities, acreages and locations, as well as any design standards of the development. Specific topical areas to be assessed, the general approach to be used and the known issues to be confronted in each section are as follows: a. ~ ~: The EIR will evaluate impacts associated with flooding, storm drainage, ground water levels, ground water quality and sedimentation. Environmental Consultant will work with TIC engineers to ensure that EIR is consistent with phasing and engineering measures being designed to mitigate any-flooding impacts. Reasonable mitigation measures will be developed as appropriate. b. Land USe~ and Aesthetics: (1) Potential impacts on existing and surrounding land uses will be examined. An assessment of construction related impacts, including short term air quality, visual effects, construction noise and construction traffic will be discussed. The long term effects of Project implemention on surrounding properties will be summarized, drawing in part from other topical areas addressed in the EIR (example, transportation/circulation, air quality, noise, visual impacts, etc.). (2) Discussion will provide a comprehensive listing of impacts of importance to surrounding residents and businesses. The focus of analysis will be on the comparability of the project with existing and planned land uses surrounding the site. Analysis will be complete in its discussion and potential impacts and appropriate mitigation measures. (3) Particular emphasis will be given to the proposed operational and performance characteristics of the Auto Center (i.e. hours of operation, noise, and light characteristics) and potential impacts to the newly proposed residential area. (4) The EIR will also contain a review of the aesthetic characteristics of the Project based upon the design and development standards in the planned community (PC) or Zoning Regulations. EIR analysis will discuss Project appearance from surrounding roadways, and standards for landscaping, signage, building height, and other design treatments to minimize aesthetic impacts. Additional mitigation measures will be recommended as deemed appropriate. c. ~X~ Resources: The following will be documented: 1. Loss of prime agricultural lands based on productivity and soil classifications; 2. Loss of existing production by.type of crop and as a percentage of total county and state producfion; 3. Loss of important farm lands as mapped by the state of California; 4. Factors which may limit long term agricultural use including urban encroachment, water costs, and other economic considerations; a~ricultural lands; and Cumulative loss of county-wide 6. Other agricultural isseus of importance that may be required by the State Department of Conservation. Mitigation measures will be developed to lessen the significance of identified conversion impacts. d. Transportation/Circulation. An analysis of traffic and circulation will be performed by Austin-Foust Associates ("Traffic Consultant"). Environmental Consultant will coordinate directly with the Traffic Consultant to provide a thorough assessment of traffic/circulation impacts. Traffic analysis will include analysis of three primary scenarios: (1) existing conditions, (2) traffic conditions existing during first several years of operation of Auto Center and (3) traffic conditions after completion of the Jamboree Road extension and the I-5 Jamboree Road interchange (Traffic Consultants' scope of work is attached hereto as Exhibit "B", and incorporated herein by this reference). e. Air ikg_~. Evaluation of the short term impacts (example dust generation, construction equipment emissions) and the long term effects (including stationary and mobile emission burden) of Project implementation. 'Total projected emission and the projects percentage of county-wide commissions in the year 2000 will be indicated. Carbon monoxide concentrations will be determined utilizing the k-line three modeling technique. This microscale assessment will be performed to determine "before project close" and "after-project close" and "cumulative" impacts selected worse case locations. The format and methodology of the air quality assessment will be in full compliance with state and local guidelines. Mitigation mesures will be recommended as appropriate. f. Noise. Noise impacts resulting from project implementation will be thoroughly addressed in the EIR. The effects of project impacts on adjacent residential and insti- tutional uses bordering Browning Avenue, and traffic noise im- pact, on existing and proposed land uses resulting from increased traffic will receive particular attention in the noise assess- ment. Mitigation measures will be detailed for all potential impacts identified. g. Growth~_n~~J~. The EIR will examine the growth inducements created by project implementation, and the potential secondary effects on other proximate lands. Direct project related growth will also be addressed including: 4 1. Short term (construction) ~nd long term (auto center) employment opportunities; tion growth; and e Employment growth vis-a-vis popula- 3. Increased demand for housing to accommodate on-site employees. The project's consistency with local and regional growth forecasts will be summarizgd. h. ~tl_l_~ ~pacts. The cumulative effects of the project in combination with other nearby known and/or anticipated projects will be assessed topical environmen- tal issue. Environmental Consultant, in conjunction with City, will identif~ these other projects to be considered in the cumu- lative impact evaluation early in the EIR preparation process. Where possible cumulative effects will be quantified by the Engineering Consultant. i. ~. Prepare alternatives sec-. tion of the EIR to include, but not limited to, the following: 1. No project; 2. Existing General Plan impacts asso- ciated with development of currently designated residential uses. 3. Other alternatives identified dur- ing the notice of preparation process or during the course of the environmental impact assessment which may have the effect of reducing or minimizing identified impacts. Sufficient detail will be provided in the evaluation of alternatives to insure a reasonable comparison with the proposed Project. Minor variations to the proposed Project which could have the effect of reducing or eliminating environmental concerns will be evaluated and documented. As required by the State EIR Guidelines, the advantages and disadvantages of each alternative will be discussed and the reasons for rejecting or recommending project alternatives will be stated. j. Other ~andatory EIR Sections. other mandated sections of the EIR as follows: Prepare mitment of resources. 1. Irreversable and irretrievable com- 2. Relationship between short term uses of environment and maintenance and enhancement of long term productivity. 3. Effects found not to be significant (including land form, geology, cultural/historical, and biologi- cal effects). 4. Unavoidable adverse impacts. 5. List of organization and persons consulted and those involved in EIR preparation. 6. Appendices. ~/]~: The scope of work described under Task B will be organized in appropriate EIR format. Five (5) copies of this preliminary draft EIR will be submitted to City for review and comment. Task C: PREPARATION OF FINAL DRAFT EIR. ~: Meet with City staff to receive and discuss comments on, and suggested revisions to, the Preliminary Draft EIR. ~: Complete revisions to the Pre- liminary Draft EIR pursuant to City's review comments. Ad- ditional announcements will be prepared as required. ~//~: Reproduce fifty (50) copies of the Final Draft EIR for submittal to City and distribution to re- viewing agencies and interested parties. The Final Draft EIR will be photocopies (double-sided) and combound with all exhibits and cover overset, printed. $_~: Mail the Draft EIR to appropriate reviewing agencies, interested parties and State Clearing House for a thirty (30) day review and comment period. The remaining documents will be forwarded to City for in-house use and distri- bution to the Project Team and decision makers. Task D: PREPARATION OF THE FINAL EIR. $_~: Prepare draft responses to sub- stantive comments on the Draft EIR and submit fifteen (15) copies to City for review. responses, if necessary. Meet with City staff to adjust ~: Mail comments and responses docu- ment to commenting agencies prior to certification of the Final EIR. ~: Prepare finalized comments and responses documents for use by City as part of the Final EIR and print twenty-five (25) copies for submittal to City. TaskE: ATTEND PUBLIC MEETINGS AND HEARING. Attend two formal public hearings held before the Plan- ning Commission and City Council on the EIR. Task~F: GENERAL COORDINATION AND MEETINGS. $~: Conduct, no less than, weekly tele- phone conference with the City's Project Manager to report Pro- ject status and discuss any possible problem or issues. ~: Attend at least four (4) meetings, as necessary, with City staff which may occur at'(1) Project initiation, (2) Preliminary Draft EIR submittal, (3) Final Draft EIR submittal, and (4) during preparation of response to com- ments. Task G: PREPARATION OF WRITTEN FINDINGS FOR INCORPORATION INTO RESOLUTION OF CERTIFICATION. Prepare written findings pursuant to Section 10591 and the State CEQA Guidelines (Section 21081 of CEQA) for each significant effect identified in the EIR for incorporation into the resolution of certification. B. Time for Completion: It is hereby understood and mutually agreed that the time for completion of the work to be performed by Environmental Con- sultant is an essential condition of this agreement. Environ- mental Consultant agrees that it shall prosecute regularly and diligently the work of this agreement accordingly to reasonable schedules established by City for the various items of work described in paragraph 1. Environmental Consultant shall not be accountable for delays in the proress of its work caused by any condition beyond its control and without the fault or negligence of Environmental Consultant. Any delays shall not entitle Envi- ronmental Consultant to any additional compensation under any circumstances, regardless of the party responsible for the delay. C. Compensation: The compensation to be paid under this agreement shall be as follows: Task Consultant's Labor Fees: A. Project Definition/Organization $ 400.00 B. Preliminary Draft EIR 7,500.00 C. Final Draft EIR 1,700.00 D. Response to comment 2,100.00 E. Attendance at public hearings 480.00 F. General coordination and meetings 1,200.00 G. Prepare written findings 1,100.00 Subtotal Consultant's Labor Fees $ 14,480.00 Traffic Consultant Fees: Preparation of Traffic Report $ 6.300.00 Estimated Direct Costs In-house photocopying (10 cents/page) blue prints/reproduction/graphis 5 copies screen check EIR 50 copies Draf~ EIR 25 copies comments and responses TOTAL ESTIMATED FEE $ 1,400.00 $ 22,180.00 D. Miscellaneous Provisions: A. City and Environmental Consultant further agree to the following conditions: 1. City, by notifying Environmental Consultant in writing, shall have the right to terminate any or all of the services and work covered by this agreement at any time. 2. Environmental Consultant agrees that it. shall proceed immediately and diligently to perform the services provided for in this agreement upon receipt of notice from City to proceed therewith. 3. The terms and provisions of this agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. 4. Environmental Consultant shall perform the services hereunder as an independent contractor and under no circumstances or conditions shall Environmental Consultant and/or any of its agents, servants or employees, be considered as an employee or agent of the City or TIC. 5. Environmental Consultant shall perform all services required under this agreement in a careful, diligent and professional manner and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this agreement. Consultant, as a material part of the considera- tion of this agreement hereby waives on its behalf and on behalf of all others claiming through Consultant, all claims and demands against City and TIC, their agents, employees, successors and assigns, for all loss, damage, injury, sickness or death of any person resulting from the performance of.this agreement, and agrees to indemnify, defend and hold City and TIC, their agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death or other claim made by other persons and from all costs, expenses and charges arising therefrom. Consultant shall maintain in full force and effect during the term of this agreement its existing policies of insurance for which certificates of insurance have heretofore been delivered to City and TIC. 6. Environmental Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Environmental Consultant and its employees under California- Workers Compensation Insurance and safety laws, to relieve City and TIC from all responsibility under said laws in connection with the performance of this agreement, and upon the execution of this agreement to file with City a certificate certifying to said protection. 7. Environmental Consultant certifies that there shall be no discrimination against any employe~ who is employed in. the work covered by this agreement or against any application for such employment because of.race, religion, color, sex, or national origin, including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8. Consultant shall provide City- monthly with a detailed itemization of all work performed, time spent, and the fees, costs and charges accrued thereon, in complete and sufficient detail to fully apprise City thereof. IN WITNESS WHEREOF, this agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a municipal corporation BY: Mayor ATTEST: City Clerk 9 APPROVED AS TO FORM: JAMES G. ROURKE City Attorney MICHAEL BRANDMAN & ASSOCIATES, INC., a California corporation BY: JGR:SA:pj: 09/05/84 (9. cjp) 10 PROPOSRT~ SCOPE OF WORK ' TUb'TIN AUTO CENTER Our preliminary scope of work has been organized into seven gene. ral task categories as follows= A. Project Definition and Organization B. Preparation Of the Preliminary Draft C. Preparation of the Final Draft ~ D. Preparation of the Final E. Attendance at Pt~blic Hearings F. General Coordination and Meetings O. Preparation of Written Findings for Incorporation Certification into Resolution of Each of these primary tasks is described more fully on the pages which follow. Th/s initial t~sk provides an opportunity for the consultant and City staff to discuss the details of the proposed project and to refine, as necessary, the focus and content of the ErR. Specific t~sks to be undertaken herein include, but are not Hmited to: e e Review of prOject proposals as submitted to the City of Tustin by The Irvine Company. Finalize a complete project description, as well as a description of project alternatives. Identification of projects to be considered in the ~um,,{mtive impact analysis. Assist City in the distribution of the NOP (as necessary) and monitor agency responses as they are received. Finalization of a project schedule indicating specific dates for completion of work tasks. As part of this initial task, we have budgeted for a meeting with the City of Tustin to review the details of the proposed Auto Center project. It is our experience that ' this brief organizational work effort will promote a clearer understanding of the project objectives between the City and the consultant and will ensure that the project can move forward with the efficient expenditure of time and budget. EXHIBIT "A" Ts.~-k B: l~-ep~ation of the Preliminary Draft This task-comprises the majority of the environmental analysis including consolidation of environmental data, direct and cum,,1-tive impact evaluation, development of mitigation measures, and report compilation. The format and content of the ~ will be in full compliance with CEQA and state and local FIR guidelines. The text will be supplemented with graphics end tables, as n _ece~.s~y, to present the information in a concise and easily understood format. Provided below is a description of our preliminary scope of work for each of the major environmental issues (or "chapters") to be addressed in the FIR. -We have endeavored to tailor the proposed scope of work of the FIR as closely as possible to the requirements of the revised Tustin Auto 'Center project. This preliminary scope of work may require further refinement following additional discussions with the City of Tnstin and The Irvine Company, or following completion of the revised NOP process. Introduction and Summary The introductory statements of the report will include identification of authors and lead agency responsibilities and the intended scope and purpose of the environmental impact report.. The location and nature of the project will be described briefly in compliance with the state CEQA guidelines. The summary of the FIR will present the major conclusions of the report in a concise and easily understood format. The summary will include an identification of the unavoidable adverse impacts, impacts subject to mitigation, and recommended mitigation measures. We propose the use of a tabular format to present this summary information to assist the public and decision-makers in their review of the report~ conclusions. A brief, executive summary will also be provided to highlight the key findings of the FIR. Project Description A complete description of the project will be provided, including the following: Regional and local location. Project characteristics including proposed land uses, discretionary actions required-by the City and other agencies, listing of required permits, significant features of the~ plan, and engineering and infrastructure considerations. 1~,oject objectives. Responsible/lead agencies. Project phasing. Data ConsoUdation~ Impact Analysis, and Mitigation Measures MBA's environmental assessment will address the overall development concept which includes potential land uses, intensities, acreages and locations, as well as any design standards of the development. We have identified on a preliminary basis a total of six (6) topical environmental issues for assessment. Each of these issues is discussed more fully below. Water Resources - The project site is located in an area known to exhibit problems associated with flooding (due to the unimproved nature of the E1 Modena Irvine Channel), high groundwater levels, and poor groundwater quality. The project site is ~1.~o within the watershed boundaries of the Upper Newport Bay Ecological Reserve which has experienced significant impacts associated with sedimentation. We propose that these issues be addressed in the ErR and that mitigation measures be set forth to ensure that significant adverse impacts do not occur. Our previous research on the ori~nal auto center EIR related to regional groundwater issues and existing drainage conditions in the area can be applied to the new auto center proposal. The primary work effort on this topic will be directed towards potential flooding impacts and mitigation measures related to the new site for the auto center. We will work closely with The Irvine Company~ engineers to ensure that the EIR/s consistent with phasing and engineering measures being designed to mitigate any flooding impacts. Land Use and Aesthetics - This section will examine the potential impacts on existing and planned surrounding land uses. The discussion will include an assessment of construction-related impacts including short-term air quality, visual effects, construction noise, and construction traffic. The long-term effects of project implementation on surrounding properties will be summarized, drawing in part from other topical issues addressed in the EIR (e.g., Transportation/Circulation, Air Quality, and Noise). Given the concerns raised over the original auto center proposal, we see this section of the EIR as a particularly important analysis. The discussion will provide a comprehensive listing of those impacts important to surrounding residents and businesses and will reference other sections of the EIR for greater detail. The focus of the analysLs will be on the eompatibliity of the project with existing and planned land uses surrounding the site. While the new site for the auto center is not adjacent to existing residential areas, the proposed residential land uses between the project site and Browning Avenue, and community awareness of the potential conflicts between residential areas and the auto center require that this analysis be complete in its discussion of potential impacts and appropriate mitigation measures. Particular emphasis will be ~iven to the proposed operational and performance eharaeteristios of the auto eenter (i.e., hours of operation, noise, and light characteristics) and the potential impacts to the newly proposed residential area. Our understanding is that this area will be built at a density of approximately 10 dwelling units to the acre. Given that the auto center, this residential area and the extension of Jamboree Road are all in planning phases at this time, mitigation measures will be oriented towards reducing any potential impacts by su~esting measures and standards for the proper design of this edge. This section of the EIR will nlso review the aesthetic characteristics of the project based upon the design and development standards set forth in the Planned Community (PC) or Zoning Regulations. Emphasis will be placed on how the project will appear from major surrounding roadways (particularly the Jamboree Road extension and the I-5 Freeway). The EIR~ analysis will discuss standards for landscaping, signage, building height, and other design treatments that may have been incorporated into the plan to minimize aesthetic impacts. Additional mitigation measures will be recommended as determined appropriate. me Agricultural Resources - The conversion of agricultural lands to urban uses has become an inereasingiy controversial issue at the state and regional level. Based upon our recent experience, it can be anticipated that the State Department of Conservation will review closely this aspect of the project. MBA staff has participated extensively in agricultural land conversion projects and is very familiar .with the nature of environmental documentation that will need to be prepared in this regard. We propose to document the following: e e · Loss of prime agricultural lands based upon productivity and soil classifications. Loss of existing production by type of crop and as a percentage of total county and state production. Loss of important farmlands as mapped by the State of California. Factors which may limit long-term agricultural use including urban encroachment, water costs, and other economic considerations. CUmulative loss of countywide agricultural lands. Other agricultural issues of importance that may be required by the State Department of Conservation. To the extent possible, mitigation measures will be suggested to lessen the signifieance of identified conversion impacts; however, it can be anticipated that this impact will be largely unavoidable. Transportation/Circ-]mtion - An analysis of traffic and circ,,l,tion will be performed by Austin-Foust Associates; a scope-of-work for this analysis is attached to this proposal. The traffic analysis will include analysis of three primary scenarios: (1) existing conditions, (2) traffic conditions existing during the first several years of operation of the auto center (assuming the extension of Laguna Road to the project site and San Juan ® Street to Myford Road) and (3) traffic conditions after completion of the Jamboree Road extension and the I-5/Jamboree Road interchange. We feel that analysis of these three scenarios is essential to correctly identify short- and long-term impacts to the existing residential areas west of Browning Avenue from the increased traffic on Laguna Road, San Juan Street, and Browning Avenue. Based on community concerns raised by the original~ auto center proposal, we anticipate that this issue will be of particular concern to residents in the area. Air Quality - In anticipation of comments from the County of Orange, South Coast Air Quality Management District, and State Air Resources Board, the EIR will evaluate the short-term impacts (e.g., dust generation, construction equipment emissions) and the long-term effects (including stationary and mobile emission burdens) of project implementation. Total projected emissions, and the project's percentage of countywide emissions will be indicated. Carbon monoxide concentrations will be determined utilizing the Caline 3 modeling technique. The microscale assessment will be performed'to determine "before-project," "after project," and "cum-l-rive" impacts at two selected worst-ease locations. The format and methodology of the report will be in full compliance with state and local guidelines. Mitigation measures will be recommended as appropriate. Noise - The noise analysis will provide a detailed evaluation of the impacts associated with two primary noise concerns: Project impacts on the proposed residential area between Browning Avenue and the project and other planned land uses surrounding the site. · Traffic noise impacts on existing and proposed land uses resulting from increased traffic associated with the project. The first concern will be addressed qunlitatively. The discussion will include an analysis of noise characteristics of auto center uses (based partially on previous noise measurements made at the Irvine Auto Center) and the potential impacts to the proposed residential area. The latter concern will be addressed through quantitative noise modeling based on the projected traffic for key streets. Estimates will be provided for noise levels associated with vehicular (including truck) traffic increases resulting from the project. Potential mitigation measures include site 'planning standards (suggestions for orientation of noise generating service bays, loudspeakers, etc.) and noise .standards to be incorporated into the Planned Community Regulations. Growth-Inducing Effects This chapter of the EIR will examine the growth inducements created by project implementation, and the potential secondary effects on other proximate lands. Direct project-related growth will also be addressed including: (1) short-term (construction) and long-term (auto center) employment opportunities, (2) employment growth vis-a-vis population growth, and (3) increased demand for housing to accommodate onsite employees. The project's consistency with local and regional growth forecasts will be summarized. Cum,,l~tive Impacts The cumulative effects of the project in combination with other nearby known and/or anticipated projects will be assessed for each topical environmental issue. MBA in conjunction with the City of Tustin will identify these other projects to be considered in the cumulative impact evaluation early in the FAR preparation process. Where possible, cumulative effects will be quantified by the MBA project team. At a minimum, we would anticipate addressing the cumulative impacts associated with the proposed residential development located between Browning Avenue and the auto center site. Alternatives MBA will explore up to three alternatives as defined by the City of Tustin. At present we suggest that the following alternatives be 'considered for inclusion in the BIR: L No Project - Required by State CEQA Guidelines. 2. Existing General Plan - Impacts associated with development of currently designated residential uses. 3.-Alternative Locations - Alternative locations that would reduce o~ minimize identified impacts will be examined. These alternatives .will be discussed and defined further prior to initiation of the preliminary draft EIR. Sufficient detail and impact quantification will be provided for each alternative to allow comparison with the pro, eot as currently submitted. The relative advantages and disadvantages of each of the alternatives will be discussed. During the course of the environmental assessment, minor variations to the proposed 'project may aiso become apparent which could have the effect of redue{ng environmental impacts. Any such variations to the project as proposed will be evaluated in the alternatives section of the EIR. Other Mandatory ErR Sections The Ell{ will include all other CEQA mandated EIR sections including the fonowing: · Irreversible and irretrievable commitment of resources. · Relationship between short-term uses of the environment and maintenance and enhancement of long-term productivity. · Effects found not to be significant (including landform, geology, cultural/ historical, and biological effects). · Unavoidable adverse impacts. · List of organizations and persons consulted and those involved in preparation. · Appendices. The scope of work described under Task B will be organized in appropriate ErR format and assembled with supporting graphics, tables, and technical appendices to comprise the complete preliminary draft ErR. This preliminary draft will be submitted to the City of Tustin for review and comment. Products (Task B): Five (5) copies of the complete preliminary 'draft FIR for City review and comment. T~-~k C: Preparatioo of ~ Draft Following reoeipt, of the City's comments, MBA will make RII corrections and/or additions consistent with the agreed-upon scope of work. We anticipate attending at least one meeting with the City staff to receive the preliminary draft FIR oomments and to ensure that the City~ comments are fully addressed. Once these comments are addressed, the final draft EIR will be printed and forwarded to the City. The report text will be photocopied (double-sided) and comb- bound unless another binding technique is specified by the City. Fifty (50) copies of the final draft ErR will be furnished for distribution to decision-makers, concerned agencies, and individuals. We ~l~o budgeted to assist the city in preparing the necessary dooumentation for securing a 30-day draft FIR review from the State Clearinghouse. We have budgeted for approximately 40 hours of MBA staff time for completion of this task which should prove adequate. Should additional time be necessary due to unforeseen circumstances, we will contact you to dise,,.~q a revised fee estimate. Products (TaSk C): Fifty (50) copies of the final draft FIR for City distribution. At the close of the 30--day public review period, MBA will respond to all written and verbal comments received on the draft FIR. The comments and responses will be printed and bound for use by the City staff and for distribution to decision-makers. We have budgeted for approximately 50 hours of MBA time for completion of the proposed final EIR. We believe that this time estimate will be sufficient given our present understanding of the project. However, should substantial comments be reoeived on the draft ErR due to citizen group involvement or actions by other agenoies, additional time may be necessary to respond adequately. Should these circumstances arise, we will contact you to discuss a revised fee estimate. Products (Task D): Twenty-five (25) copies of the Comments and Responses supplement. Tas~ E~ At~en~uee at P~lie Hea~ir~s The MBA Project'Manager (Lloyd W. Bookout) will attend two public hearings for presentations and to answer questions concerning the FIR (assume one Planning Commission and one City Council hearing). Additional hearing attendance can be accommodated on a time-and-materi~I.~ basis assuming $60.00 hour. Products (Task E): Attendance at up to two (2) public hearings. Task Fc General Coordination and Meetings In order for MBA to fully assess and keep abreast of All issues inherent in the proposed project, continuing coordination will be required with the City of Tustin and project subqonsultants. The coordination will take place during each of the preceding stages and is separated here for ease of ~.~essment. Within the coordination phase, we have budgeted for four meetings (averaging three hours each) with staff which may occur at: (1) project initiation, (2) preliminary draft FIR submittal, (3) f'mal draft EIR submittal, and (4) during preparation of response to comments. This phase of work ~1.~o provides the opportunity for sound project management to ensure that the project is running on time and within the budget. To ensure a smooth progression of events, telephone contact will be maintained between MBA and the City~ Project Manager on no less than a weekly basis. Products (Task F): Attendance at up to four meetings and no less than weekly communication with the City of Tustin Project Manager. Preparation of Written ~ for In .eOrlmration Into Resolution of Cert£fieation MBA will prepare written findings pursuant to Section 15091 of the State CEQA Guidelines (Section 111081 of CEQA) for each significant effect identified in the E1R. The importance of these findings to the legal adequacy of environmental documents has been reinforced by several court eases, including Clem'. y vs. County of Stanislaus~ Village Lag~una, Inc. vs. Board of Supervisors of Orange County, and Eugene R. Atherton vs. Board of Supervisors of Orange County. The nature of the proposed project justifies the development of comprehensive legal findings to better protect the environmental analysis from possible legal challenge. Products (Task G): Written findings for incorporation into the resolution of certification. r tcCEIVE AiJG 1 0 AUSTIN-FOUST ASSOCIATES, INC. I TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING August 10, 1984 1450 NORTH TUSTIN AVENUE, SUITE 108 SANTA ANA, CALIFORNIA 92701 TELEPHONE: (714) 667-0496 Mr. Lloyd Bookout Michael Brandman A~ssociates 3140 Red Hill Avenue, Suite 200 Costa Mesa, C=Hfornia 92626 RE: Tustin Auto Center EIR Dear Lloyd: Austin-Foust Associates (AFA) is pleased to propose a scope of services for preparing an EIR for the revised Tustin Auto Center site. From discussions with yourself and other members of the project te~m, we believe the scope of work outlined here addresses the information that needs to be modified or added to the traffic analysis document. Accordingly, we propose to carry out the following four work tasks: 1. Prepare Back[~round Conditions - The background traffic conditions for the proposed Auto Center will include a 1986 setting that reflects completion of the project, and then a 1990 time frame which will be examined with and without the proposed Jamboree/I-5 interchange. A further situation that will be referenced in the EIR is a comparison between the trip generation from the project and the trip generation that could occur under the existing General Plan. Data will be drawn, from the Tustin Traffic Study and other sources to provide background conditions for these three points in time. The background conditions for 1990 will be derived from existing volumes and projected growth in this area. Cumulative volumes from adjacent development in the East Tustin Specific Plan area will be included as appropriate. Z. Analyze Impacts - The impact analysis will involve identifying the cumulative impacts of the project. Trip generat/on and trip distribution will be estimated and then an evaluation made of the capacity impacts on the surrounding street system. Time frame for the impact analysis will be 1986 and 1990. For 1986, two situations will be examined with respect to the Myford interchange. The first will assume the existing highway configuration and interchange with I-5. The second will assume the new interchange as presently planned and contained in the STIP. For 1990, the new interchange will be assumed, but impacts with and without the proposed Jamboree/I-5 interchange will be addressed. EXHIBIT "B" The General Plan analysis will be confined to a comparison of trip generation between the General Plan and the proposed Auto Center as noted in Item 1. 3. Prepare Mitigation Package -The final work item will consist 6f examining the surrounding street system and determining mitigation measures that may be required. Typical areas to be examined will include Laguna Road, Bryan Avenue, Myford Road and the Myford/I-5 interchange. 4. Report and Presentations -"The results of the work will be set out in a draft written report in suitable format for incorporation into the EIR. Following the screencheck, comments will be responded to as required and incorporated into a final draft. ESTIMATED COSTS Estimated costs for this work is as follows: Principal Transportation Planner Sr. Technical Technical 40 hours @ $55.00 60 hours ~ $30.00 40 hours @ $30.00 40 hours @ $20.00 $2,200.00 1,800.00 1,200.00 800.00. Fixed Costs 300.00 TOTAL $6,300.00 These costs include attendance at a public hearing for the project. Thank you for the opportunity to assist in this important planning project. V~ruly yours, Te~/en c~W. Austin TWA/bgw