Loading...
HomeMy WebLinkAboutCC 13 GEN PLAN AMEND 04-16-84'TO: FROH: S LI~ EC:T: Honorable Mayor & Members of the City Council Community Development Department Initiation of General Plan Amendment Preparation of Focused Enviromental Impact Report Di scusst on A request has been received from The Irvine Company to amend the Land Use element of the City's General Plan and to adopt specific Planned Community- Commercial zoning regulations for the purpose of constructing a regional automobile shopping center. The specific proposal concerns property bounded by Interstate 5, Browning Avenue, Bryan Avenue and the future extension of Jamboree Road north of Interstate 5. Should the Council proceed by initiating an a~endment to the General Plan, 'prior to Council consideration of the amendment and zoning regulations, a focused enviromental impact report should be prepared detailing impacts upon the community. The City of Tustin, acting as the lead agency in accordance with the California Environmental Quality Act, is the responsible entity for preparation of such an environmental impact report. 'Staff has interviewed and recommends the firm' of Michael Brandman 'and Associates, environmental consultant for the East Tu~tin Specific Plan,. to conduct the necessary research and prepare the enviromental impact report for City staff. Agreements have been prepared by the City Attorney"s office and are attached to this transmittal for Council consideration. The agreements require payment by The Irvine Company for all costs incurred by the City related to processing and. preparation of the report. Recomendatton Direct staff to initiate proceedings for amending the Land Use Element of the City's General Plan for property 'bounded by Interstate 5, Browning Avenue, Bryan Avenue and the future extension of Jamboree Road north of Interstate 5. Furthermore, authorize the Mayor and City Clerk to execute the subject professional services agreement attached to this transmittal. Donald D. Lamm ~Y Director of Community Development DDL:jh Att: Agreement between the City of Tustin and The Irvine Company Agreement between the City of Tustin and Michael Brandman Associates 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 herein- after referred to as the "Consulting Agreement"; and WHEREAS, the Consulting Agreement obligates Environmental Consultant to perform the services described therein for total fees of Eleven Thousand Five Hundred ($11,500.00) Dollars (here- inafter referred to as the "Fee"); and WHEREAS, in recognition of the value to the Company of the services prescribed in the Consulting Agreement to be per- formed by Environmental Consultant, the Company is willing ~o 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 a.s~ist City in over- .seeing and directing the performance of Consultant in accordance with the terms of the 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 judg- ment, determines that City is legally obligated to make such payments. Section 2: 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 reason- able 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 3: 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, Eleven Thousand Five Hundred ($11,500.00) Dollars in two (2) installments, with the first installment to be paid forthwith upon execution of this agree- ment by both parties, and the subsequent installment to be paid to the City after sixty (60) days as follows: Payment 1 2 Amount of Payment $ 5,750.00 $ 5,750.00 $11,500.00 City agrees that the total liability of Company which may arise from this agreement shall not exceed Eleven Thousand Five Hundred ($11,500.00) Dollars. Company shall not be obligated to pay for any increase in the scope'of the environmental con- sulting 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 con- tractual 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 {he 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 employ- ment 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. Section 5: 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 6: 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. -2- Section 7: If either party files an action to enforce or interpret the terms of this Agreement, the non-prevailing party agrees to pa~ 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, a Michigan corporation By By JGR:SA:pj:D:04/02/84 -3- AGREEMENT 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". WITNE S SETH W~n~REAS, City desires to -mploy 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 willingness to furnish said project services to City; and its W~EREAS, Consultant has submitted to City a proposal dated January 31, 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 Environmentai Consultant to provide consulting environmental services for the Project, and City and Enviro.nmental 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 Proje6t. These services shall include all of t_he services to be performed in the manner described in the Proposal and shall include, but not be limited to, the following= Task Az Project Definition and Organization. Environmental Consultant shall meet with City Staff and The .Irvine Company ("TIC") to discuss details of proposed Pro- ject, and refine, as necessary, the focus and content of EIR. Specific tasks to be undertaken, in furtherance of proJec~ defi- nition and organization include the following: EXHIBIT "A" 1 Subtask A.I~ Review project proposals submitted to City by TIC. Subtask A.2= Finalize. complete project descrip- tion, as well as description of project alternative~. Subtask A.3: Identify projects to be considered in ~he cumulative impact analysis. Subtask A.4: Assist City in distribution of the Notice of Preparation (NOP) and monitor agency responses as they are received. Subtask A.5: Finalize Project schedule. Task B: Preparation of Preliminary Draft EIR. This task includes consolidation of environmental data, direct and cumulative impact evaluation and report compilation. The format and content of =he 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: Subtask B.1: Introduction and Su~uary. Prepare introductory statements of the report to include identification of authors and lead agency responsibilites and =he intended scope, =he purpose of =he environmental impact report and location and nature of the Project. prepare sun, nary of ~he EIR to include an identification of the unavoidable adverse impacts, impacts subject to mitigation, and recommended mitigation measures. · zation. Subtask B.2: Project Description and Organi- Prepare project description section of the EIR to include the followings a. Original 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; and e. Responsible/lead agencies. Subtask B.3: and Mitigation Measures. Data Consolidation, Impact Analysis measures. Conduct impact evaluation and fo&mulate mitigation Specify topical areas to be addressed, the general approach to be used and the known issues to be confronted in each section described below: a. Water Resources= The EIR will evaluate impacts associated with flooding, storm drainage,, water quality and sedimentation. Environmental Consultant will utilize The Irvine Company engineering repor~ as basis for impact evaluation and identification of mitigation measures. Reasonable mitigation measures will b~ developed as appropriate. b. Land Uses and Aesthetics= The potential impacts on existing and surrounding land uses will be examined. An assessment of construction related impacts, including short te~m air quality, visual effects, construction noise and con- struction traffic will be discussed. The. long term effects of Project implemention on surrounding properties will be sum- marized, drawing in part from other topical area~ addressed in the EIR (e.g., transportation/circulation, air quality, and noise), including the potential for adverse impacts resulting from the nearby MCAS-Tustin LTA helicopter base. The EIR will also contain a review of %he aesthetic characteristics of the Project based upon the design and development standards in the Planned C~m~unity (.PC) or zoning regulations. EIR analysis will discuss Project appearance from surrounding roadways, and stan- dards for landscaping, signage, building height, and other design treatments to minimize aesthetic impacts. Additional mitigation. measures will be recommended. c. Agricultural Resources: The EIR will document the following 'impacts regarding conversion of agri- cultural lands to urban uses= 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 %he state'of California; 4. Fac=ors which may limit long term agricultural use including urban encroachment, water costs, and other economic considerations; agricultural lands; and Cumulative loss of countY-wide importance that may Conservation. 6. Other agricultural issues of be required by the State Department of Mitigation measures will be suggested to lessen the significance of identified conversion impacts. d. Transportation/Circulation: Engineering Consultant will coordinate directly with the Traffic Consultant selected by City to provide a thorough assessment of traffic/cir- culation impacts. The traffic repqrt will be included in the technical appendices of the EIR and a sumary of the report's major findings will be incorporated in the EIR. e. Air Quality: 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 pro- jected emissions and the project's percentage of countywide em- missions will be indicated, carbon monoxide concentrations will be determined utilizing the Caline 3 modeling technique. The microscale assessment will be perfo~ued to determined "before project", "after project", and "cumulative" impacts at selected wors~ case locations. The format, and methodology of the air quality assessment will be in full compliance with the guidelines set forth by the Southcoast Air Quality Management District and the State Air Resources Board. Mitigation measures will be recommended. f. Noise: Noise impacts resulting from project implementation will be thoroughly addressed in the EIR. The effects of freeway noise on future commercial and auto center uses and Project impacts on adjacent residential and institu- tional uses bordering BrOwning Avenue will receive particular attention in the noise assessment, specific mitigation measures will be developed for all potential impacts identified tO mini- mize noise impacts on adjaent land uses. g. Growth Inducing Effects: The EIR will examine the growth inducements created by project implementation, and the potential secondary effects on other proximate lands. Direct project related gro~h will also be addressed including: 1. Short term (construction) and long term (auto center) employment opportunities; tion growth; and 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. Cumulative 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. Environmental Consultant, in conjunction with City, will identify these other projects to be considered in the cumulative impact evaluation early in the EIR preparation 4 process. Where possible cumulative effects will be quantified by the Environmental Consultant. i. Alternatives= Environmental Consultant will explore up to three (3) alternatives as defined by City. The following are suggested alternatives considered for inclusion in the EIR= 1. No project; associated uses.. 2. Existin~ General Plan with development of currently designated - Impacts residential 3. Alternative Location and/or Design Alternatives - Other alternatives identified during the notice or 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 require~ by t_he State EIR Guidelines, the advantages and disadvantages of each alternative will be discussed and the reasons for rejecting or reco~,ending project alternatives will be stated. mental Consultant EIR as follows~ j. Other Mandatory EIR Sections= Environ- shall prepare other mandated sections of the mitment of resources. Irreversable and irretrievable com- 2. Relationship between short-term uses of environment and maintenance and enhancement of long ter~l~ productivity. (including landform, cal effects). 3. Effects found not to be significant geology, cultural/historical, and biologi- 4. Unavoidable adverse impacts. 5. List of organization and persons consulted and those involved in EIR preparation. 6. Appendices. Products: Five (5) copies of the complete preliminary draft EIR for City review and 5 Task C= preparation of Final Draft EIR. subtask C.i= Meet with City staff to receive and discuss comments on, and suggested revisions to, the Preliminary Draft EIR. Subtask C.2: Complete .revisions to the Pre- liminary Draft EIR pursuant to City's' review comments. Ad- ditional announcements will be prepared as required. Subtask C.3: Reproduce fifty (50) copies of the Final Draft EIR for submittal to City and distribution to viewing agencies and interested parties. The Final Draft EIR will be photocopies (double-sided) and combound with all exhibits and cover overset printed. Products: City distribution. Fifty (50) copie~ of final draft EIR for Task D: Preparation of the Final EIR= Subtask D.i: At the close of the 30-day public review period meet with City staff to review written comments on the Draft EIR and comments from public meetings and hearings to develop a general framework for preparation of responses. Subtask D.2: Prepare draft responses to sub- stantive comments on =he Draft EIR and submit copies to City for review. Subtask D.3: responses, if necessary. Meet with City staff to adjust Subtask D.4: 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. Subtask D.5: Mail comments and responses docu- ment to commenting agencies prior to certification of the Final EIR. Products: Twenty-five (25) copies of the Comments and Responses Supplement. Task E: Attend Public Meetings and Hearing. Environmental Consultants Project Manager shall attend two formal public hearings held before the Planning Co~Lu~ission and City Council to conduct presentations as to the EIR, and be available to answer any questions t. hat may arise at the public meetings hearings. Products: 1. Attendance at public meetings/hearings. 2. Presentations as may be required at public meetings/hearings. Task F= General Coordination and Meetings. Subtask F.i= Conduct weekly telephone conference with the City's Project Manager to report Project status and discuss any possible problem or issues. Subtask F.2= 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. - B. Ttme for Completion= It is hereby understood and mutually agreed that the time for completion of the work to be perfo~,~ed 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 Estimated Fee 1. Consultant's Labor Fees:- A. Project Definition/Organization B. Preliminary Draft EIR C. Final Draft EIR D. Response to comment E. Attendance at public.hearings F. General coordination and meetings $ 400.00 6,300.00 1,100.00 1,500.00 400.00 900.00 Subtotal Consultant's Labor Fees $ 10,600.00 2. Estimated Direct Costs: Ao In-house photocopying (10 cents/page) blue prints/reproduction/graphis $ copies screen check EIR 50 copies Draft EIR 25 copies co.m-ents and. responses $ 900.00 Subtotal Estimated Direct Costs $ 900.00 TOTAL $ 11,500.00 D. Miscellaneous Provisions: 'A. City and Environmental Consultant further agree 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 L~,ediately and diligently to perfo~ the services pro- vided for in this Agreement upon receipt of notice from City to proceed therewith. 3. The ter~s 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 Amployees, be considered as an employee or agent of 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 con- sideration 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. 8 Consultant shall maintain in full force and effect during the =e&~ 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 pro=ec= 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 =he perfo&~uance of this Agreement, and upon =he execution of this Agreement to file with City a certificate certifying to said pro=ection. ?. Environmental Consultant certifies that there shall be no discrimination against any employee who is employed in =he work covered by this Agreement or against any application for such employmen= because of race, religion, color, sex, or national origin, including but not limited to, the following= employment, upgrading, demotion or transfer, recruitment or re- cruitment advertising, layoff or termina=ion, rates qf pay or other fo£~L~s of compensation, and selection for training, in- cluding appren=iceship. 8. Consultant shall provide City monthly with a de- tailed itemization of all work performed, time spent, and the fees, costs and charges accrued thereon, in complete and suf- ficient 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: CITY OF TUSTIN, a municipal corpora=ion BY: Mayor ATTEST City Clerk APPROVED AS TO FORM: JAMES G. ROURKE, City Attorney ENVIRONMENTAL MICHAEL BRANDMAN & ASSOCIATES, CONSULTANTS~ INC., a California corporation SDA:cj=R:4/4/84(9-Cj) BY: P~OPO~AL TO P~PA~,.~ AN m~ FO~ TUSTIN AUTO ~epaced ~or: Donald Lamm, Plannin~ Director City of Tustin 300 Centennial WaF Ttmtin, CAUfocrd& 92680 ~et~'ed by: Michael B~andman A.~soe~ates 18021 ~ ~k C~le, ~te ~-~ ~e, C~o~a 92714 (714) 641-8042 Janua~ 31, 1984 EXHIBIT MICHAEL BRANDMAN & ASSOCIATES, INC. ENVIRONMENTAL RESEARCH · PLANNING AND PROCESSING ° RESOURCE MANAGEMENT 18021 SKY PARK CIRCL!, SUITE E-2,.IRVINE, CA 92714. 714.-64.1-8042 Jam~-y 31, 1984 Mr. Donald Lamm, Plannin& Director City of Tustin 300 Centennial Way Tustin, California 9'~680 ,SUBJECT: Proposal to Prepare ~n ]UR for the Tustin Auto Center Des2 Dom On behalf of Michael Brandman Associates, Inc. (MBA), I am pleased to present this proposal for the preparation of a focused ~ addrassin~ the proposed Tustin Auto Center general plan amendment, zone ehan~e, and tentative pereel map. I am ~onfldent that MBA wffi be able to provide the City with a thorou&h ~ while minimizin~ both time and cost expenditures. As you know, we have recently completed the Environmental Settin& Report for the w~t Tustin Study Area (of which this project is a [xu~c) and wffi be utilizin~ this information to the m-~imum extent possible durin& the preparation of the Tustin Auto Center I/Ilt. Attached to this letter proposal is a preliminary table of contents and scope of work outline for the Tustin Auto Center EIR. In preparin~ tiffs outline and soope of work, I have endeavored.to narrow the focus of the environmental analysis to only those issues known to be of concern to the City (eg., traffic and noise) and those issues expected to be of concern to the state and other reviewin& a&eneies (eg., a~rioultural lands conversion and air qual/ty). The su~ested scope of work is based upon (1) my preliminar7 discussions with you, (9.) my current understanding of the project as derived from previous team discussions and attend_~nee at The Irvine Company presentation of January 26th, (3) my experience from working with the state and other reviewin~ agencies, and (4) my understanding of the environmental "problem areas" associated with the site and its surroundings. Followin~ the Notice of Preperation (NOP) review process it may be nee___~sar7 to adjust the scope bf the EIR' to reflect any additional issues that may be rslsed; I suq~est that the NOP be issued, therefore, as soon as possible to avoid any potential for schedule delay. Provided below is a summary of our proposed project team, cost estimate, and preliminary schedule. I have enelused for our review a ropy of our c~mIWieations brochure wh/eh daseribes om' experience with similar projects and eontaius resumes of key personnel. The team --e~i&ned to this project is comprised of the followin& individuals: f Project Manager/Prinoipal-In-Charge ................. Lloyd W. Bookout A.~sistant Project Ma.ri. ager............. ............. ... Tony Locacoiato ~mvitonmental Ans/ysts .................................. Gary Jakobs 'Beverly ~rueseh Tom Fit~water Graphics ............................................... L~mn ~uh]/g Ali of 'these tndiv~dua~ have dL-ect e~perienee with the City of Tusttn and commercial projents such as t~t being proposed with the TusUn Auto Center. I wflI maintain major involvement in all upeets of the EI~ process and will serve u the primary ~ontaot for the City of Tustin. A summary of out estimated fee for compietion of the attached scope of work is peovtded be/ow. Following your review of the pcoposed work program we would be pleased to discuss any scope and/or fee revisions that may be neees_~ary. A. Project Definition/Organization $ 400 IL PreLiminary Draft BII~ 6,300 C. P~nal Draft EII~ 1,100 D. Response to Comment 1,500 E. AU:endance at PubUc Hearings 400 F. General Coordination and Meetings 900 Subtotal Labor Direct Costs (travel, blueprint, photowork, and repoi-t reproduction, es~ume 9 copies of the Sereeneheek EII~, 50 copies of the Draft EIR~ and 25 copies of the Comments and Responses) $20,600 $900 ~900 Total Poe $11,500 This budget estimate excludes ensts for the nee~_eary t~a~fic report which may be billed tl=o~ MBA or billed directly to the City of Tustin. Invoicing wLll be on a monthly I:u~.~_~ in aceo~-rtee with the attaohed fee schedule. Invoices are payable upon receipt and in no event should payment extend beyond 30 days f~om the date of invoice. Soope of Work Medific~tton In the event the scope of work should change during the course of the ~rojeet to include items not specifically covered in this contract, MBA wL]l contact you in writing and a revised fee wilI be established. Requests for extra work will be documented and a completion time and compensation amount will be submitted for your approval prior to initiation of work. I have reviewed your preliminary proee_~_~ing sched~e ~t~ December 30, 1983, ~d feel ~d~t ~at ~e ~ e~ ~ e~mglet~ wit~ ~e Ume fr~e ~u have ~h~. ~er ~ furze s~h~u~;~effo~, I ~ve ~o~ded ~low ~mat~ for ~e mi~m~ ~me ~e~emen~ to complete ~eh t~k of o~ seo~ of ~o~ ~e~e ~te ~t my s~e ~o~d~ fo~ 3~y ~OP ~d D~t E~ ~e~ew ~o~ ~ aero.ce ~ ~eeen~y ~ed SB ~4~ Time Needed E.stimated Date Task to Complete of Completion 1o IqOP 11aview Period o 4-1/2 weeks 2/6/84-3/6/84 9. 10. 11. Sc~eeneheck EIR Preparation Period 4 week Sereeneheck l~eview Per/od 1 week 3/6/84-3/~/84 3/5/85-3/9/84 Dealt mR Prepacation Period 1 week 3/12/84-3/16-84 F/le lqoti~e of Completion 3/19/84 Draft ~3R Review Period 4-1-/2 weeks 3/19/84-4/20/84 Prepare Comment~ and l~esponsas/ Proposed ~/nal ~TR i week 4/23/84-4/2?/84 Planning Commission Heerir~ 5/7/84-5/11/84 City Council Hearin&/Certiflcatton 5/2t/84-$/25/84 l~fle l~otiee of Determination 5/~$/84 End Statute of Limitations (30 days) 6/24/84 * ~Tote: Schedule assumes Screeneheck k'~R prega~ation during NOP review period. Public hearings to be scheduled by the City of rustin. Actual eom@letion dates degendent upon date of I~OP /ssuance, submittal of project plax~ for procassir~, and date of ~ contract award. I appeeeiate your consideration of MBA foe preparation of the Tustin Auto Cente~ 'EII~ and look forward to init/atin& our seoDe of work as soon as possible. Be assured that we will make every effort to expedite the preparation and proee_e_~ing of the ~ so that the project can be implemented at the earliest possible date. Should you have an~, questions or wish to discus~ the scone.of work in ~reater detail, please do not hes~iate to contact me. ! loose focward to hear~n~ from you. Lloyd W. Book~u~ LWB/ek Your signature below will serve as authorization to p~oeeed with the work [~ro~ram described a~ove. Donald Lamm, Plannin~ Director Date pvtR?.~IXN'A.R.~ TABr.R OF CONTENTS TUSTIN Ao-t-O CElq'I'F_At ~ ~. 1.0 2.0 4.0 5.0 6.0 ?.0 8.0 9.0 . 10.0 11.0 12.0 13.0 IntrOduction and Summsry Project Description Project Location 2.2 P~ojeet Charaetc~ff.~des and Discretionary Actions Project 0bjee~ves 2.4 Responsible/Lead Agencies P~oject Phasing E~istin~ Conditions, Impacts, and Miti~tion Measures 3oi Water Resources 3.~. Land Use and Aesthetics 3.3 A~Tieulturs~ l~esourees 3.4 Tr~nsportaQon/Ci~eulation 3.$ Noise C, rowth-lnduein~ Effects Cumulative Ire'pacts Alternatives Effects lFound I~ot to be $i~mifieant Irrever~ble and l~ret~ievable Commitment of Resources Relationship Between Local Sho~t-Te~m Uses of M~n~ Environment and t~e Maintenance and Er~aneement of Lone-Term Produet~vity Urmvoid~ble Adverse Impacts Or~,mnJzations and Persons Consulted ' Bibliography Technical Apendiees (as required) pR~r.~Y SCOPE OF WORK AUTO CENTE'~ Our preliminary sco~e of work h~ been orl~anized into six general task cate~oriss ss follows: C. D- Project Daf'tuition and Organization Preparation of the Preliminary Draft ErR Preparation of the Final Draft Preparation of the 1final Attendance at Public Hearings General Coordination and Meetings FAeh of these primer7 tasks is described more fully on the pegss whie~h fo[Iow. Our preliminary scope of work also provides for the completion of one additional task which will b~e conducted by MBA and the OL~tion of the City of Tustin. This optional task entalis the preDaration and submittal of Findings of Fact pursuant to ~ection 15091 of the State C]~QA GuideLines. ~ ~-' PFOj~'~'I; X)eflniUen ~ This initial task provides an opportunity for the cort~ultant and City staff to the details of the proposed project and to refine, as necessary, the focus and content of the I/IR. Sp~eifio tasks to be undertaken herein include, but are not limited to: Review of ~roject proposals as submitted to the City of Tustin by The Irvine Company. 1finalize a complete project description, as well as a description of project alternatives. Identification of projects to be considered in the-cumulative impact analysis° A.~ist C~y in the di.vtribution Of the BIOP and monitor agency responses ss they are received. · Finalization of · project schedule. ~ part of this initial task, we have budgeted for a meetin~ with the City of TustJn and The lrvine Company to review the details of the proposed Auto Center project. It is our eXPerieflce that this brief or~,anizational work effort will promote a clearer understandin~ of the project objectives between the City and the ~onsultant and ensure that the project c~n move forward with the efficient expenditure of time and budget. T~kl~ Pr~.. -ati~ofthe Prelimina~Dmft ute. This-task comprises the majority of the environmental analysis includin~ consolidation of environmental data, direct and ~urnulative impact evaluation, development of mitigation measures, end report compilation. The format and content of the EIR will be in full compliance with CEQA and state· and local EIR guidelines. The text will be supplemented with 8ra~es and tables, as necessary, to present the inf~e~natiea in a concise and easily anderstood format. Provided below is a description of our preliminary scope of work for each of the major environmental Lssues (or 'chapters~) to be. addre~__ed in the BIIL We have endeavored to tailor the proposed scope of work of the EIR as closely as possible to the requirements of the Tustin Auto Center project. This preliminary scope of work may recluire further refinement foilowing additional discussions with the City of Tustin or foilowin~ completion of the NOP process. Introduction and Summar7 The introductory statements of the report will include identification of authors and lead a~eney responsibilities end the intended scope end purpose of the environmental impart report. The location end nature of the projeet'will be described briefly in com[~liance with the State CEQA Guidelines. The summary of the ~ will present the major conclusions of Uie report in a concise and easily m~derstoocl 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 [~ublie and decision-makers in their review of the report~ conclusions. A brief, executive summary will also be provided to highlight the key findin~,s of the ~ Project Description A complete description of the project will be provided, including th~ following: · O · ReTional and local location. Project characteristics includin~ proposed land uses, discretionary actions required by the City and other asencies, listir~ of required permits, significant features of the plan, and engineering and infrastructure eons/derations. ~ject objectives. ResDonsibleflead agencies. Data Consolidation~ Impact AnalTsis~ and Mitigation Measures MBA~ environmental a~sessment will address the overall development concept which includes Dotantial land uses, inter, tries, acreages and locations, as well as any des/gn standards of the development. We have identified on a Feel/minary basts a total of six ($) to,teal environmental issues for a-~qment. Bach of these L~sues is discussed moro fully below. Water Resources - The project site is known to exhibit ~oblems associated with floodinq (due to the unimpcoved nature of drainage ehanneis), high groundwater leveis, and Door groundwater quality. The ~roject site is also within the watershed boundaries of the Upper NewDort Bay Ecological Reserve which has experienced significant impacts associated with sedimentation. We proi~se that these issues be addres_sed in the ELR and tha~ mitigation measures be set forth to ensure that significant adverse tint, acts do not occur. We pro[x~e to use the engineering reDort ~repared ~ The Irvine Company's engineers as the basis for the impact evaluation and identification of mitigntion measures. Por example, we understand 'that the Droject Will be /)based so as to delay development of floodplain areas until such time that channel imDrovements are im@lemented. Although' water related impacts can be avoided through appropriate l~roject en~eineering and phasinL we believe that the toDic is of enough ooneern to warrant clis~-_-t~on in the body of the BII~ Land Use and Aesthetics - This section will examine the potential impacts on existin& and planned surrounding land uses. The discussion will include an a.~essment of construction-related impacts includin/[ short-term air quality, visual effects, construction noise, and construction traffic. The lone-term effects of project implementation on surroundin& properties will be summarized, drawin~ in part from other topical i-~sues addressed in the ~ (e.~., Ttanspo~-tation/Ciroulation, Ah: Quality, and Noise). Given the location of the project and the potential Dubl/c concerns that may arise, we see this section of the EIE aa a par~c, ularly important analysis. The discussion will provide a comprehensive listing of those impacts important to surroundtn& res/dentsfousin_~t_~_es and will reference other sectio~ of the El2t for I~reater detail. C~nsiderable attention will be given to impacts which can be anticipated by ex/sting residents adjacent to the project edges. It will aL~o be nec~_$$ary to examine the potential for adverse 'impacts on the project resultin& from the nearby MCAS-Tustin LTA helicopter- base. Project com@atibility with existing and [~lanned surrcundin~ land uses will be the focus of the analysis. This section of the ~ will also review the aesthetic eharacteristius of the project ba~ed upon the design and development standards set forth in the Planned Community (PC) or Zoning l~e~ulations. Emphasis will be /)laced on how the project will appear from major surrounding roadways (particularly Browning Avenue and the I-5 Freeway). The EIR's analysis will discuss standards for landseapir~, signa&e, 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 a[~propriate. A~cultural l~esources - The conversion of a~Ticultural lands to urban uses has become an increasingly controversial issue at the state and regional level. Based upon our recent experience, it can t)e anticipated that the State Department of Conservation will review closely this aspect of the project. MBA staff bas participated extensively in a&ricultural land conversion projects and is very familiar with the nature of environmental documentation that will need to be pcepaced in this regard° We proposed to document the following: · L~ss of' peime agricultural lands based upon productivity and soil chts~ifioations. · Loss of existinq ~ocluetion by type of crop and as a percentage of tota[ county and state ~eduction. · Lus~ of important farmlands as mapt~d by the State of Cal;fornia. · Factors wh/ch may Limit long-term agricultural use including ~han encroachment, water costs, and other economic considerations. '® Cumulative lnss of countywide agricultural lands. · Other agricultural iawaes of importance that may be requited by the State Department of Conservation. To the extent possible, mitigation measures will be su&~,,ested to lessen the sig~!~cance of identified conversion impacts; however, it can be entteipated that this impact will be largely unavoidable. Trens~ortation/Cireulation - MBA wLll coordinate directly with the traffic consultant selected by the City of Tustin to prepare the required Waffle report. We have not included a specific scope of work or east estimate for the traffio report s.s part of this proposal effort but would be pleased to do so at the direction of the City. We can arrange to include the traffic eng/neee as a std~onsultant to MBA should the City so desire. Upon its completion, the traffio report will be included in the technical appendices of the EI~ and a summery of the report's major findings will be included in the body of the ~ Air ~ualitT - In anticipation of comments from the County of Orange, South Coast Ah' Quality Management Diary;et, and State Air Resources Board, the El2t will evaluate the short-term impacts (e~., dust generation, ' construction equipment emL~aions) and the long-term effects (including stationary and mobile emission 5urdens) of Feojeet implementation. Total ~rojeeted emissions,, and the project~ percentage of countywide emissions will be indicated. Carbon monox/de concentrations will be determined utfl/zing the C~ine 3 modeling technique. The miernseale a~eesment will be performed to determine ~'oefore-project,~ "after [m'ojeet,~ and "cumulat/ve~ impacts at two selected worst-cs~e locations. The format and methodOlogy of the re~ort will be in :full com@liance with state and local ~uidelines. Mitigation meesures will be recommended a.s ap~ro[~'iat e. l~oise - The noise analysis will provide a detailed evaluation of the impacts associated with two p~imary noise concerns: The effects of freeway noise on future commercial and auto center Project impacts on adjacent residential and institutional uses borderin~ Brownin~ Avenue. ~ latter concern will be given primary consideration with quantitative estimates provided for noise levels associated with vehicular (and truck) traffic increases and for daily operational activities ~ociated with auto center uses. S~eciflc mitigation messures will be developed for incorporation into project plans to minimize noise im[~acts on adjacent land uses. Gr~wth-Inducin~ ~f~ets This chagter of the EIR will examine the growth inducements created by project im@lementation, end the potential secondary effects on other L~roximate lands. Direct proieet~elated growth will also be addre~ed including: (1) short-term (~nstruction) and lone-term (auto center) employment ot~portunities, (2) emi~loyment growth vis-a-vis pot)ulation growth, and (3) increased demand for housing to accommodate ons/te emgloyees. The projeet~ eonsistenay with local and regional growth forecasts will be summarized.' __ Cumulative Impacts The ~umu!ative effeats of the geoject in combination with other nearby known and/°e anticipated ~rojeets will be .a~ed for each toF/eal environmental issue. MBA in conjunction with the City of-TLL~n will identify these other projects to be eons/dered in the .cumulative imDaet evaluation early in the ~ /reparation proce~,~_. Where possible, cumulative effects will 'be quantified by the MBA project team. Alternatives. MBA will' exploee up to three alternatives as defined by the City of Tustin. At peesent we su&~est that the followin~ alternatives be considered for inclusion in the No Project -Required by State CIiQA Guidelines. E~cL~tin~ General ~ -Impacts a~_e~oetated with development of ~urrenU. y designated residential uses. Alternative Location and/or Desitin Alternatives - Alternatives that be available which would reduce or minimize identified impacts. These alternatives will be d~,~ed and defined further peJor to initiation of the prel~minar7 draft ]~ Suffl~ient detail and impact cF,A~tiflcation will be provided for each alternative to allow com[mri~on with the ~roject as currently submitted. The relative advantages and alL, advantages of each of the .alternatives 'will be- dt~cnssed. .. Durin~ the course of the environmental a~easment, minor variations to the p~oposed ~ojeet may -]~o become-apparent which could have the effect of reducin~ environmental impacts. For example, redesign of local streets to prevent ~ertain traffic movements may reduce impacts significantly to surroundin& residents, yet have little effect on the integrit7 of the ~roject plan. Any such variations to the ~'ojeet as Drowsed will be evaluated in the alternatives section bf the ~ Other Mandato~j, EIR Sections The ~ will include all other CF. QA mandated Kilt sections ineludin~ the foLlowin&: · Irreversible and irretrievable commitment of resources. · · l~elationship ~etween short-term uses of the environmen~ and maintenance and enhancement of long-term productivity. · Effects found not to be significant (including landform; ieolo~, cultural/ historical, and biological effects). · Unavoidable adverse impacts. L/st of or~mn/zati0os and persons COnsulted and those involved in ElK pret~aration. ~ A~pendiees. The sCOpe of work described under Task ]3 will be organized in ap@ropciate format and assembled with supportinq graphics, tables, and technio~l appendiee~ to · comprise the complete [x'eliminar7 draft BIlL 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 EIB for City review and comment. 'l~skC= Prevsraticaof FinalDraft mu FoLlowin~ receipt of the City's comments, MBA will make all corrections and/or additions consistent with the agreed-upon sCOpe of work. We anticipate attendinl~ at least one meetin~ with the City staff to receive the preliminary draft BIIt COmments and ensure that the City~ COmments are fully addre~ed. Once these COmments are ed~h-_~-_~_ed, the final draft FIE will be printed and forwarded to the City. The report text w/ll be photoCOpied'(doublc 2ded) and eomt~ bound unless another bindin~ technique is specified by the City. Fifty (50) copies of the final draft FI~ will be furnished for distribution to deaisio.n-makers, COncerned Products (Task C): Fifty (50) COpies of the final draft ElK for City distribution. Tesk D=. Prt~. ~atiou of the Final ~m .... At the close of the 30-day public review period, MBA wffi re~pond to all written and ?;:> verbal comments received on the draft FIR. The COmment~ and responses will be [.~ . ~rinted and bound for use by the City staff and for distribution to decision-makers. P~oduets (Task D).. supplement. T~enty-flve (25) copies of the Comments and Responses The MBA Project Manager (IAoyd W. Bookout) will attend two public heatings for. L:wesentations aud to answer quest/ora concerning the ~ (assume one Planning Commission end one City Council hearing). Additional hearir~ attendance eau be accommodated on a time-end-mateMn~-~ basis neeuming $52.00 hour. Products (Ta~lc ~.- Attendance at up to two (2) pubLic hearings. T~k F= C~m~-al ~o~atio~ ~d Meetings In order for MBA to fully assess and keep abreast of alt issues inherent in the proposed project, continuing coordination W/11 be required with the City of Tustin and project ~fl3eonsultants. The coordination w/il take place during each of the preeeeding stages end is separated here foe es~e of ass_~t__~ment. Within the coordinat/on phase, we have budgeted ~or tour meetings (averaging three hours each) with staff wrdeh may occur at: (1) ~tojeet initiation, (2) preliminary draft ~ submittal, (3) f'mal draft ~ submittal, end (4) during preparation of response to comments. This ~hase of work also ~wovides the opportunity foe sound project management to ensure that the project Ls running on t/me and w/thin the budget. To ensure a smooth progression of events, telephone contact will be maintained between MBA end the City's P~ojeet' Manager on no less than a weekly P~oducts (T~sk F)= Attendance at up to four meetings end no less than weekly e°mmun/cat/on w/th the City of Tustin Project Manager. At the option of the City of Tustin, MBA will assist in the foUowing additional t~sk: iPrepace w~itten flnding~ pursuant to Section 15091 of the State C~QA Gu/delines (Section 21081 of CEQA) for each si~.ificant effect identified in the ~ The impoctance of the~e f'mdin~s to the le~[ adequacy of environmental doeument~ has been reinforced by several court eases, ineludir~ Clear~ w. Count~ of Stanislaus~ V~l~a~[e La~ma~ Inc. vs. Board of Supervisors of Oran[~e County~ and Eugene 1~ Atherton vs. Board of Supervisors of O~'an~e County. The nature of the [:eoposed [:~ojeet may justify the development of comprehensive legal ffndin~ to bette~- peotect the environmental analys/~ from [~ible legal ehallense. (F~timated Cost: $1,100).