HomeMy WebLinkAboutAGENDA REPORT 1985 0204 CC REG ITEM 12LALBERT PRIETO
Mayor
JAMES D. WEAK
Mayor Pro Tern
THOMAS C. FERGUSON
Councilmember
DANNY A. WOOLARD
Councilmember
LETA YANCY - SUTTON
Councilmember
DORIS D. BANKUS
City Clerk
JOHN C. GEDNEY
City Treasurer
MOORPARix
TO: The Honorable City Council
FROM: Niall FritfDirector of Community Development
DATE: February 4, 1985
ITEM /,�- /-.,
SUBJECT: CONSULTANT CONTRACT TO PREPARE AN EIR and PROVIDE
STAFF SERVICES FOR GENERAL PLAN AMENDMENT for
CARLSBERG, BULMER and CAREN
PROPOSED ACTION
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
NIALL FRITZ
Director of
Community
Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
Enter into a contract with McClelland Engineers, Inc. to prepare
an EIR for the subject project and provide staff services for
the processing of the amendment request.
BACKGROUND INFORMATION
The three properties involved with this GPA are as follows:
Carlsberg: -- Change from "Low Density Residential" to "Light
IndustrialT, for 50 acres located adjacent to and south
of New Los Angeles Avenue.
Bulmer: -- Change from "Rural Low, 5 AC /DU" to "Low 1.6
DU /AC ", for 349 acres located adjacent to and west of Walnut
Canyon Road.
Caren: -- Change from "Light Industrial" to "General Commercial ",
for 1.5 acres located at the northeast corner of Poindexter
Road and Moorpark Avenue.
The attached contract has been
Inc., the consultant. Exhibit
to by each of the applicants.
preparation of the EIR and the
by the applicant.
799 Moorpark Avenue M
agreed to by McClelland Engineers,
"A" to the contract has been agreed
All costs associated with the
contract staffing will be born
:)orpark, California 93021 (805) 529 -6864
The Honorable City Council
February 4, 1985
Pg. 2
SUBJECT: CONSULTANT CONTRACT TO PREPARE AN EIR and PROVIDE
STAFF SERVICES FOR GENERAL PLAN AMENDMENT for
CARLSBERG, BULMER and CAREN
SUGGESTED MOTTON
Authorize the Mayor to sign a contract with McClelland Engineers
after the submission to the City of all required funds by the
applicants.
McClelland engineers,inc. /environmental services
2140 Eastman Avenue, Ventura, California 93003, Tel. (805) 644 -5535, Telex 659 -241, Telecopier (805) 642 -4791
January 23, 1985
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attention: Niall Fritz, Planning Director RECEIVED
Proposal to Provide Contract Planning
Services and an Environmental Impact
Report for a General Plan Amendment City of Moor!7.1,1
Dear Mr. Fritz:
We are pleased to submit this proposal to the city of Moorpark
to provide planning and environmental services. This proposal
includes a description of our scope of work, cost estimate, sched-
ule, and resumes of personnel to be assigned to the project.
SCOPE OF SERVICES
Our proposed scope of services includes both permit processing
and preparation of an EIR for a General Plan Amendment. These are
described below:
1. Permit Processing
To process the General Plan Amendment, we will provide a land
use planner to work under the supervision of the Planning Director.
This person will be responsible for preparation of initial studies,
staff report, and all legal notices required for the General Plan
Amendment and /or EIR. In addition, he will be available to meet
with the applicant, other agencies, and the general public, as
determined to be needed by the Planning Director.
Our staff planner will be available to the city of Moorpark on
a time and expenses basis at a rate of $35 per hour. Because the
amount of time that this person will be used will be determined by
city needs, a precise cost estimate is not possible. However, we
recommend that one person -month be budgeted (173 hours @ $35 =
$6,055) plus an additional 10 percent ($605) for expenses. Using
this preliminary assumption, we would not exceed a total cost for
permit processing of $6660 without prior written authorization from
the city. This total cost results in a charge of $2,220 for process-
ing each General Plan Amendment component. The amount of time our
staff planner spends on processing each component will be closely
monitored . Each component will be billed only for the amount of
time spent on its processing. We will notify you immediately should
charges made to a component reach 80 percent of $2,220 or $1,776.
ANCHORAGE • DALLAS • HOUSTON • LITTLE ROCK • LOS ANGELES • NEW ORLEANS • SAN DIEGO • SAN FRANCISCO
City of Moorpark January 23, 1985
Mr. Niall Fritz Page 2
2. Environmental Impact Report
Attachment 1 is a preliminary outline of the scope of work for
the General Plan Amendment EIR. The components of the General Plan
Amendment EIR are to include:
Bulmer - 349 acres from "RL" (Rural Low, 5 acre /DU to "L"
(Low Density 1 to 1.6 DV /acre.
Carlsberg - 50 acres from "L" (Low Density 1 to 1.6 DU /acre)
to "I -1" (Light Industrial).
Caren - 1.4 acres from "I -1" (Light Industrial) to "C -2"
(General Commercial).
We will prepare the report so that the issues relative to each
component are clearly described and differentiated from the others.
Attachments 2 and 3 are cost breakdowns to prepare the EIR. We
will complete the EIR scope of work for $26,057, which includes the
draft and final EIR's, and attendance at up to two public hearings.
Our schedule for completion of the EIR scope of work is as
follows:
Administrative Draft EIR (5 copies) - 45 calendar days after
notice to proceed
Draft EIR (50 copies) - two weeks after receipt of staff
comments on administrative draft.
Final EIR (35 copies) - Two weeks after receipt of all comments
on draft EIR.
PERSONNEL
The project supervisor will be Mr. Mel Willis, Program Manager,
Planning and Environmental Services. He will be responsible for
overall supervision of the project and coordination with the city.
Contract planning services will be provided by Mr. Chris
Stabenfeldt, Staff Planner. He will be under the direct supervision
of Ms. Julie Bulla Hunt, Senior Planner.
City of Moorpark
Mr. Niall Fritz
January 23, 1985
Page 3
EIR preparation will be under the direction of Mr. J. Duane
Vander Pluym, Senior Environmental Scientist. Resumes of all
personnel who will work on the EIR are attached to the proposal.
If you
not hesitate
this project.
have any questions regarding this proposal, please do
to call me. We look forward to working with you on
Very truly yours,
McCLELLAND ENGI RS, INC.
Mel Willis
Program Manager
Planning and Environmental Services
Attachments:
1. Scope of Work Outline
2. Cost Breakdown
3. Resumes
MW:val
ATTACHMENT 1
SCOPE OF WORK
1. GENERAL
The EIR for the General Plan Amendment will address both site- specific
and cumulative impacts, in accordance with State CEQA Guidelines. Primary
project issues to be addressed by the EIR include the following:
o Traffic /Circulation
o Public Services
o Land Use /Policy Analysis
Secondary issues include:
o Geologic Processes /Drainage
o Air Quality
o Aesthetics
o Biologic Resources
o Cultural Resources
o Noise
o Schools
o Parks
The following subsections describe the general content of the EIR, and
our proposed approach to addressing each issue. Impact analysis will be
based on a "worst case" or full buildout scenario under the proposed
amendment requests. The cumulative impacts discussion will include consider-
ation of the Griffin Development Company's 254 acre amendment request.
Identification of issues relevant to each project, is contained in Section
Two.
A. PROJECT DESCRIPTION
The project description sections of the EIR will be based upon informa-
tion furnished by the applicants. This will be incorporated into the EIR
utilizing the city's EIR format. Information contained in the project
description will include, but will not necessarily be limited to:
o Project Site Location and Legal Description: This section will
describe the project location, list the Assessor's Parcel Num-
ber(s), and provide regional and local vicinity maps of the project
site.
ENVMK6 /Z -1
o Existing General Plan Designation: A description of the permitted
buildout under the existing General Plan designation will be
included in this section of the EIR.
o Description of Proposed Project: This section will clearly de-
scribe the proposed projects and intended uses given approval of
the specific land use entitlements requested. Development densi-
ties and land form alterations will be referenced in relation to
zoning regulations and city development policies.
o Project Objectives: The project objectives section will be based
upon a statement provided by the applicants. Topics of concern
include development theme; project amenities and architectural
renderings; project phasing; requisite extension of services; and a
statement of why the proposed development is appropriate at this
time. Land use entitlements necessary to achieve project objec-
tives will also be discussed.
o Project Characteristics: This section will include estimates of
population for the types of units proposed. The dimensions of
proposed structures, number and types of uses proposed, circulation
provisions, drainage system improvements, utility easements, and
public service agencies will also be identified in this section of
the EIR.
B. ENVIRONMENTAL SETTING
This section will include:
o Land Use and Zoning: This section will describe current land use
and zoning of the site as well as surrounding land uses and zoning.
o Applicable Plans and Policies: This section will list all applica-
ble land use plans and policies pertaining to the project site.
o Public Utilities and Services Provided to Site:
o Related Projects: Any projects that have been recently completed,
approved, proposed, or probable in the project area will be iden-
tified in this section (from County or City files - list and map to
be provided). These projects will be analyzed for cumulative
project impacts as they pertain to cumulative traffic flow condi-
tions, and availability of public services.
C. ENVIRONMENTAL ANALYSIS
Each issue evaluated in this portion o
tory paragraph explaining the methodology
Impacts will be quantified, where possible,
cance will be made and substantiated.
ENVMK6 /Z -2
f the EIR will have an introduc-
used in assessing the impacts.
and a determination of signifi-
Mitigation measures will be identified for each impact. An analysis of
each measure will include degree of effectiveness, secondary impacts, person/
agency proposing measure, responsible parties, and methods of implementation.
No cost estimates for necessary public improvements will be included in the
EIR, unless provided by appropriate public agency.
The scope of analysis for each of the impact sections of the EIR is in
the following sections.
1. Traffic and Circulation
This section of the EIR will involve review of existing data and contact
with local agencies, supplemented by limited turning movement traffic counts
to establish the existing circulation setting. Manual counts will be limited
to critical locations along the project access road system to identify peak
period timing movement patterns and to update earlier machine counts. This
data will be reviewed to determine peak traffic flow characteristics that
will serve as the baseline for environmental impact analysis. The focus of
this analysis will be to determine project specific as well as potential
cumulative traffic impacts as a result of local areawide buildout. Where
applicable, consideration of impacts generated by completion of Highway 23
and Highway 118 will be incorporated into the analysis.
Special attention will be directed toward the identification of planned
roadway improvements and other mechanisms that are available to maintain
existing levels of service. The environmental setting for the traffic
section of the EIR will include:
o ADT, peak -hour counts, roadway geometrics and capacities, existing
levels of service for roadways in the project vicinity;
o Identification of existing roadway deficiencies and traffic im-
pacts;
o Discussion of planned roadway improvements for the project area,
particularly Highway 118 and highway 23;
o Discussion of existing traffic safety hazards based on sight
distance /approach speeds and available accident data; and
o Discussion of existing and proposed rapid transit service and
ridership.
The traffic impact analysis will address the following:
o Calculation of daily and peak -hour traffic generation for the
proposed project;
o Summary of traffic distribution;
o Project- specific and cumulative traffic impacts for roadways and
intersections impacted by the proposed project;
ENVMK6 /Z -3
o Other previous studies addressing cumulative traffic impacts (as
appropriate);
o Calculation of trip generation associated with other planned
projects in the immediate vicinity;
o Resultant levels of service, ADT, and peak -hour volumes after
completion of the proposed project;
o Relationship (e.g., timing) of project and cumulative project
generated road fees and the implementation of roadway improvements;
o Peak -hour impact to freeway ramps and overpasses;
o Sight distance analysis to determine ingress /egress and safety
hazards;
o Alternative transportation systems (bicycle, bus, pedestrian), and
potential impacts to such systems.
Mitigation measures for traffic impacts may include the following:
o Identify measures necessary to mitigate project impacts at local
streets and intersections (e.g., LOS C or better);
o Level of service (degree of effectiveness) after implementation of
improvements;
o On and off -site improvement necessary to ensure acceptable traffic
flow and safety; and
o Alternative trip reduction methods.
2. Public Services
This section of the EIR will provide a project- specific and cumulative
assessment of public service impacts addressing water, wastewater disposal,
schools, parks and recreation, law enforcement, fire projection, and solid
waste disposal. The research effort for this section will involve contact
with public service agencies and literature search of relevant documents.
General information to be included in this section follows:
o Description of service provided, identification of jurisdictional
boundaries;
o Discussion of existing facilities, including their location,
capacities, staffing levels and existing service capabilities;
o Identification of existing service deficiencies;
o Existing projection of cumulative demands.
ENVMK6 /Z -4
The impact analysis will specifically address the following issues:
o Project - related demands for additional service and /or additional
facilities;
o Identification of public service impacts relative to cumulative
development within the facility service area;
o Discussion of project - related impact on existing and proposed
public service facilities.
3. Land Use /Project Consistency With Locally Adopted Plans and Policies
Literature search and field inspection will be conducted to gather base
data for this section. Correspondence with local and responsible agencies
will be initiated at commencement of the research effort. Issues of concern
include project consistency with all locally adopted plans and policies, land
use compatibility, agricultural impacts and secondary /cumulative impacts to
existing and proposed land uses in the project vicinity. The land use
setting description will include the following:
o Map and description of surrounding land uses;
o Discussion of all locally adopted plans, policies and ordinances
pertaining to site development;
The land use impact analysis will specifically address all of the
following:
o Project consistency with all locally adopted plans, policies and
ordinances;
o Project conflicts with adjoining land uses and resources in the
project vicinity;
o Precedent - setting impacts of project approval;
o On -site and regional agricultural impacts.
Mitigation measures to be evaluated may include:
o Measures to reduce land use incompatibility;
o Measures to reduce precedent- setting impacts; and
o Measures to reduce project's inconsistency with plans, policies,
and goals.
The growth- inducement analysis will be related to precedent- setting
impacts, and any needed extensions of services that remove obstacles to
growth. General growth trends in the site vicinity will be discussed.
Cumulative development will be related to growth- inducing impacts. Critical
limits of any public services and facilities that were investigated in the
ENVMK6 /Z -5
EIR will be summarized in this section. A discussion of the project's
influence on the amount, location or timing of growth for the site area will
be included.
4. Aesthetics
This section will involve site reconnaissance and photo documentation of
affected viewing corridors in the site vicinity. Issues of particular
concern include consistency with development policies, and project visibility
from adjoining and nearby uses. The degree to which the proposed project
obstructs views will be presented by superimposing the proposed development
concept onto photographs taken from nearby residential areas, and /or public
viewing locations.
ing:
A general description of the visual setting of the project will include:
o Views of project site (photo- documentation);
o Discussion of development policies pertaining to the project site;
and
o Visual characterization of the project site and general vicinity.
The assessment of visual impacts will specifically address the follow-
0 Identification of viewing corridors affected by the proposed
projects;
o Project impact to representative viewing corridors (photo documen-
tation); and
o Discussions of project impact on visual character of the general
vicinity.
5. Geologic Processes /Drainage
Existing on -site geologic and hydrologic information will be obtained
from the County's Seismic Safety and Safety Elements, the U.S. department of
Agriculture Soil Conservation Service, and site - specific soil investigations.
These information sources will be reviewed and impacts of site development
evaluated. Supplemental data will be obtained through correspondence with
the County Public Works Department.
The description of general geologic conditions of the project site will
include:
o Discussion of existing geologic conditions (e.g., seismic capabil-
ities, soils, subsurface structure, landform, etc.);
o Identification of potential on -site geologic and flooding hazard
(e.g., liquifaction, high groundwater table, shrink - swell, erosion,
etc.) and regional seismic characteristics.
ENVMK6 /Z -6
The geologic impact analysis will specifically address the following:
o Discussion of the proposed grading concepts and landform alter-
ations;
o Evaluation of the effect of on -site geologic hazards on project
development (e.g., liquifaction, seismic, erosion, high ground-
water, etc.);
o Discussion of onsite and offsite impacts on local drainage pat-
terns;
o Determination of the adequacy of existing soils data with regard to
project design.
If necessary, mitigation measures may include:
o Measures to mitigate on -site geologic and flooding hazards;
o Alternative grading concepts;
o Additional soil analysis that may be necessary to ensure adequate
mitigation of geologic hazards;
o Evaluation of mitigation measure effectiveness.
6. Noise
The noise section will involve a review of the area (one mile radius)
for noise sensitive uses, noise measurements, projection of noise contours
after project implementation, and measures to reduce or mitigate impacts.
A general description of the noise setting will include:
o Identification of sensitive uses within a one mile radius;
o Identification of existing noise problems.
The assessment of noise impacts will specifically address the following:
o Post - project noise levels;
o Itemization of any noise problems related to the project;
o Review of development areas as they relate to projected noise
levels;
o Discussion of human perception of noise level increases (e.g.,
perceived as a doubling, three -fold increase etc.).
ENVMK6 /Z -7
Potential mitigation measures may include:
o Site planning /design methods to reduce noise levels and acoustical
impacts;
o Alternative routes for construction vehicles;
o Analysis of the effectiveness of proposed mitigation.
7. Air Quality
The air quality impact analyses will be prepared in accordance with the
Ventura County APCD Guidelines for the Preparation of Air Quality Impact
Analyses.
A general description of the noise setting will include:
o Reference the County AQMP planning policies that pertain to site
development;
o Discuss methodology for AQMP consistency determination;
o Existing air emissions inventory relative to state standards and
number of days exceeding adopted standards.
The assessment of air quality impacts will specifically address the
following:
o Calculate air emissions (mobile and stationary) resulting from
maximum buildout;
o Calculate short -term construction impacts;
o Determine consistency with the County AQMP;
o Identify project related air quality impacts based on County and
State Air Resources Board criteria.
Potential mitigation measures may include:
o Identify measures to alleviate impacts of the proposed project (if
available);
o Incorporate mitigation measures indicated in the AQMP into the EIR.
8. Cultural Resources
This section of the EIR will involve literature review only. No archae-
ologic investigation of the project sites is proposed. The purpose of the
analysis will be to identify known archaeologic resources that may be affect-
ed by the projects, and the potential for archaeologic resources on each
site. Subsequent, more detailed, surface investigations may be necessary at
the development permit stage.
ENVMK6 /Z -8
9. Biologic Resources
This will involve a very cursory visit by a staff biologist to determine
the potential for significant biologic resources at each site. In addition,
previous studies of the sites will be used to determine the potential for
significant impacts on biologic resources.
SUMMARY OF UNAVOIDABLE ADVERSE IMPACTS
Unavoidable adverse impacts will be summarized separately for the
proposed project as well as for cumulative impacts. This section will
compile all of the significant unavoidable adverse impacts identified for the
subject areas into one section, thereby highlighting significant residual
impacts.
IRREVERSIBLE COMMITMENT OF RESOURCES
The irreversible impacts of each project component will be addressed
separately as well as cumulatively. Irreversible impacts will be summarized
from other sections of the document. Uses of non - renewable resources during
the initial and continued phases of development will be briefly discussed.
LONG -TERM VS. SHORT -TERM IMPACTS
The short -term versus long -term impacts of the project will be itemized
separately as well as cumulatively. An evaluation of the cumulative and
long -term effects of the project which may adversely affect the environment
will be discussed including impacts which narrow the range of beneficial uses
of the environment or pose long -term risks to health and safety. Addition-
ally, the reasons the project is believed by the sponsor to be justified,
rather than as an option for future alternatives, will be explored.
ALTERNATIVES
The alternatives section of the EIR will be prepared in accordance with
the State CEQA Guidelines and will focus on alternatives capable of elimi-
nating or reducing significant adverse environmental effects. In addition,
this section will identify the "environmentally superior" alternative. If
the environmentally superior alternative is determined to be the "no project"
alternative, the EIR shall identify the environmentally superior alternative
among the other alternatives analyzed. The EIR will address the following
alternatives:
o No project;
o Alternative location for the proposed projects;
o Existing General Plan designations;
o Alternatives appropriate for specific project sites.
ENVMK6 /Z -9
2. SITE SPECIFIC
The following section is intended to specifically identify those issues
to be addressed for each project and to briefly discuss issues we perceive to
be most critical. Existing documents and information sources relevant to
each site will be incorporated wherever possible and are identified for each
project. All three projects will include a thorough discussion of their
consistency with local goals and policies.
A. CARLSBERG
o Traffic /Circulation
o Public Services
o Land Use
o Geology /Drainage
o Air Quality
o Aesthetics
o Biology
o Cultural Resources
o Noise
Cumulative impact analysis will be based on information contained in the
Moorpark General Plan Update EIR prepared in 1979. This information will be
updated to reflect current conditions. Two EIRs have been prepared on the
site. These are the PC4 EIR, prepared in May of 1983, of which the amendment
is a component, and the Tract No. 2964, Zone Change No. 2621 EIR prepared in
June of 1981. Additional traffic information is available in the DP 301
Traffic Study prepared for an adjacent parcel.
Because of the proximity of the Highway 23 right -of -way and the volumes
of traffic generated at peak hours by industrial uses, particular attention
will be given to project generated impacts on the local circulation pattern.
When expansion of the freeway is completed, the proposed industrial site will
be below grade to a major highway, necessitating a careful evaluation of
noise impacts.
Extensive grading will be required to prepare the site for development
with both geotechnical and aesthetic impacts likely to be generated. Grading
plans, if available, will be reviewed to determine potential visual and
geologic impacts and mitigation measures designed to minimize these impacts
will be recommended.
ENVMK6 /Z -10
B. CAREN
o Traffic /Circulation
o Public Services
o Land Use
Cumulative impact will be based on the Moorpark General Plan Update EIR
prepared in 1979. Additional site specific information is contained in the
DP 205 EIR prepared in 1978. These information sources will be reviewed and
updated where necessary. Existing information will be used whenever possible
to improve efficiency and minimize cost.
The site is already developed with the current use being light indus-
trial. Consequently, impacts are likely to be limited to the change in
traffic patterns associated with conversion from industrial to commercial.
As previously stated, a thorough analysis of the projects consistency with
local goals and policies will be included.
C. BULMER AND ASSOCIATES
o Traffic /Circulation
o Public Services
o Land Uses
o Geology /Drainage
o Air Quality
o Aesthetics
o Biology
o Cultural
o Noise
o Schools
o Parks
Cumulative impact analysis will be based on the Moorpark General Plan
Update EIR prepared in 1979. Additional site specific information is con-
tained in the Tentative Tract Map No. TR -3218 and TR -3300; and Zone Change
No. Z -2556 and Z -2587 EIR prepared in March of 1980.
ENVMK6 /Z -11
The proposed amendment represents a potential 500% increase in the
number of units allowed on the site. Because of limited access to the site
traffic impacts on Walnut Canyon Road and alternative ingress /egress options
are important issues warranting special consideration. Biological and
cultural impact analysis will be limited to review of site specific informa-
tion contained in previous documents.
Higher densities will require more extensive grading which may impact
both onsite and offsite geology and drainage patterns. Any site specific
plans available for the project will be reviewed to determine the likely
extent of these impacts and appropriate mitigation measures.
A thorough discussion of visual
site is located in the hills north
from many locations within the city.
ENVMK6 /Z -12
impacts will be included as the project
of Moorpark proper and is highly visible
TOTAL $26,057
*Additional meetings will be attended on a time and expenses basis. The
estimated cost per meeting is $900, assuming two persons in attendance.
ENVMK6 /Y -1
ATTACHMENT 2
EIR COST BREAKDOWN
Work Task
Cost
1.
Project Management /Agency Coordination
$ 1,200
2.
Project Description
528
3.
Environmental Impact Analysis
a. Traffic /Circulation
4,170
b. Public Services
1,666
c. Land Use /Plan Consistency /Growth Inducement
1,110
d. Geology /Drainage
1,089
e. Air Quality
880
f. Aesthetics
730
g. Biology
924
h. Cultural Resources
660
i. Noise
990
j. Schools
440
k. Parks
660
4.
Alternatives
1,320
5.
Draft EIR Preparation
1,800
6.
Final EIR /Response to Comments
1,452
7.
Word Processing
1,853
8.
Graphics
1,135
9.
Printing
Draft EIR (50 copies)
750
Final EIR (35 copies)
525
10.
Miscellaneous (supplies, travel, etc.)
375
11.
Public Hearing Attendance (2)*
1,800
TOTAL $26,057
*Additional meetings will be attended on a time and expenses basis. The
estimated cost per meeting is $900, assuming two persons in attendance.
ENVMK6 /Y -1
ATTACHMENT 3
COST BREAKDOWN BY PROJECT
*Additional meetings will be attended on a time and expense basis. The
estimated cost per meeting is $900, assuming two persons in attendance.
ENVMK6 /BB -1
Bulmer
Carlsberg
Caren
Cost
Hours
Cost Hours
Cost Hours
Project Management
400
8
400 8
400
8
Project Description
220
5
220 5
88
2
Traffic
2520
46
1210 22
440
8
Public Services
900
26
700 20
66
2
Land Use
500
11
385 9
225
5
Geology /Drainage
759
14
330 6
-
-
Air Quality
550
13
330 7
-
-
Aesthetics
400
11
330 9
-
-
Biology
594
13
330 7
-
-
Cultural Resources
330
9
330 9
-
-
Noise
660
14
330 7
-
-
Schools
440
12
- -
-
-
Parks
660
14
- -
-
-
Alternatives
792
23
528 15
-
-
Draft Preparation
990
22
630 14
180
4
Final EIR
792
18
528 12
132
3
Word Processing/
1638
66
1100 44
250
10
Graphics
Printing
675
-
420 -
180
-
Miscellaneous
125
-
125 -
125
-
Public Meetings (2)*
600
9
600 9
600
9
$26,057 = EIR
$14,545
$8,826
$2,686
$6,660 = Permit
$ 2,200
$2,200
$2,200
*Additional meetings will be attended on a time and expense basis. The
estimated cost per meeting is $900, assuming two persons in attendance.
ENVMK6 /BB -1
CONTRACT FOR SERVICES
THIS AGREEMENT, made and entered into this day of
February , 198 5 , between the CITY OF MOORPARK,
CALIFORNIA, a municipal corporation, hereinafter referred to as
"City ", and McCLELLAND ENGINEERS, INC. , an
independent contractor, hereinafter referred to as "CONTRACTOR"
ARTICLE 1. TERM OF CONTRACT
Section 1.01. This agreement will become effective on
198 , and will continue until stipulated
services have been completed.
ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR
Specific Services
Section 2.01. Contractor agrees to perform the services
specified for General Plan Amendment for Carlsberg /Bulmer /Caren
in the "Proposal for Services" attached to this agreement and
designated as EXHIBIT "A ".
Method of Performina Services
Section 2.02. Contractor will determine the method,
details and means of performing the above - described services.
Responsible Employee in Charge
Section 2.03. MEL WILLIS will serve as
the employee of Contractor principally responsible for execution
of the Contractor's obligations under this Agreement and shall serve
as principal liason between City and Contractor.
ARTICLE 3. COMPENSATION
Amount of Compensation
Section 3.01. As sole and complete consideration for the
services to be performed by Contractor, City agrees to pay Contractor
in accordance with EXHIBIT "A ". All costs are estimates not to be
exceeded.
Contractor's invoices to City shall include an itemization
of expenditures as required by City. The City shall not pay any fee
or reimburse any expense deemed by the Director of Community Develop-
ment, at his sole discretion, to be unnecessary to the completion of
the project in a competent and workmanlike manner.
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Payment of Compensation
Section 3.02. Contractor shall submit to City a written
statement of services rendered in accordance with the following
payment schedule:
-- Upon distribution of the Draft EIR for public
review, 75% of actual costs incurred to date
-- Upon delivery to the City of the Screen Check
Final EIR, 75% of the outstanding costs to date
-- Upon certification of the Final EIR, all
remaining costs associated with the EIR
-- Within 30 days of final action on the entitle-
ment requests, all remaining costs associated
with processing the entitlements
City agrees to pay amount due to Contractor for services
within thirty (30) days following receipt of said statements of
services.
ARTICLE 4. OBLIGATIONS OF CONTRACTOR
Non - exclusive Representation
Section 4.01. Contractor agrees to devote the number of
hours necessary to perform the above - described services in a competent
and workmanlike manner. Contrctor may represent, perform services for,
and be employed by, such companies and governmental entities as Con-
tractor, in Contractor's sole discretion, sees fit, with the exception
of any firm or individual which has an approved permit or land use
entitlement from the City, has applied for such entitlement within
the past twelve (12) months, or has such application or entitlement
request pending, provided that such commitments entered into prior to
the effective date of this contract may be fulfilled.
Performance of On- Premises Services
Section 4.02. Contractor agrees to perform any of the
above - described services required to be performed on City's premises
during City's regular business hours, unless otherwise mutually agreed
by City and Contractor.
Legal Responsibilities
Section 4.03. Contractor shall secure, pay for and
maintain in full force and effect for the duration of this agreement,
any City business license which the City of Moorpark may require for
the type of business activity Contractor will conduct hereunder. In
addition, Contractor shall keep himself informed of, and shall comply
with, all federal, state and local laws and regulations which in any
manner affect his performance under this agreement.
Assignment
Section 4.04. Neither this agrement nor any duties or
obligations under this agreement may be assigned by Contractor without
the prior written consent of City.
ARTICLE 5. OBLIGATIONS OF CITY
Cooperation of City
Section 5.01. City agrees to comply with all reasonable
requests of Contractor relative to, and to provide access to all
documents reasonably necessary for, the performance of Contractor's
duties under this agreement.
Place of Work
Section 5.02. City agrees to furnish space on the premises
of City Hall for use by Contractor while performing any of the above -
described services required to be performed on City's premises.
ARTICLE 6. TERMINATION OF AGREEMENT
Termination Upon Notice
Section 6.01. The City may terminate this Agrement upon
giving a twenty -four (24) hour written notice and the Contractor may
terminate this Agreement upon giving thirty (30) days' written notice.
In the event of such termination, Contractor shall be entitled to
reimbursement for all fees and expenses incurred prior to the
effective date of such notice.
Termination Upon Assignment
Section 6.02. Notwithstanding any other provision of
this agreement, the agreement shall terminate automatically without
prior notice upon the assignment of the agreement by the Contractor
without the prior written consent of City.
ARTICLE 7. GENERAL PROVISIONS
Independent Contractor
Section 7.01. Contractor is and at all times shall remain
as to City a Wholly independent contractor. Contractor shall not, at
any time or in any manner, represent that he is an officer, employee
or agent of the City. Contractor shall comply with all applicable
provisions of the Workers' Compensation Insurance and Safety Acts and
Labor Code of the State of California.
Ownership of Documents
Section 7.02. Upon completion of any writing required to
be provided by Contractor in the course of performing any of the
above - described services, or upon sooner termination of this agreement,
all original documents prepared by Contractor shall become the sole
property of City and may be used, reused or otherwise disposed of by
City without the permission of Contractor.
Hold Harmless
Section 7.03. Contractor agrees to indemnify, save,
keep and hold harmless City and all of its officers and employees
from all claims, actions, suits, damages, costs or expenses in law
or equity, including costs of suit and expenses for legal services,
that may at any time arise or be set up because of damage to property
or injury or death to persons received or suffered by reason of, or
arising out of, any act on the part of Contractor in regard to any
function or activity carried out by contractor on behalf of City pur-
suant to the terms of this agreement.
Notices
Section 7.04. Any notice to be given hereunder by either
party to the other shall be effected either by personal delivery in
writing, or by certified mail, postage prepaid, return receipt re-
quested. Mailed notices shall be addressed to the City in care of
the City Manager, 799 Moorpark Avenue, Moorpark, California 93021
and to Contactor at 2140 Eastman Avenue
Ventura, CA 93003 ;
however, each party may change the address by written notice in
accordance with this section. Notices delivered personally will be
deemed served as of actual receipt; mailed notices will be deemed
served as of the second (2nd) day after mailing.
Entire Agreement of the Parties
Section 7.05. This agreement supersedes any and all
agreements, either oral or written, between the parties hereto with
respect to the rendering of services by Contractor to City and contains
all of the covenants and agreements between the parties with respect to
the rendering of such services in any manner whatsoever. Each party
to this agreement acknowledges that no representations, inducements,
promises, or agreements, oral or otherwise, have been made by any
party or anyone acting on behalf of any party, which are not embodied
herein, and that no other agreement, statement, or promise not con-
tained in this agreement shall be valid or binding. Any modification
of this agreement will be effective only if it is in writing signed by
the party to be charged.
Governina Law
Section 7.06. This agreement shall be governed by and con-
strued in accordance with the laws of the State of California.
Attorney's Fees
Section 7.07. Should either party hereto institute any
action or proceeding of any nature whatsoever in a court of law,
equity, or otherwise to enforce any provision of this agreement or for
a declaration of such party's rights or obligations hereunder or
for any other remedy, the prevailing party shall be entitled to
receive from the losing party its costs, including such amount as
the Court or arbitration panel may adjudge to be reasonable attorney's
fees for the services rendered the party finally prevailing in any
such action or proceeding. Unless judgment goes by default, the
attorney fee award shall not be computed in accordance with any court
schedule, but shall be such as to fully reimburse the prevailing party
for all its /their attorney's fees actually incurred in good faith,
regardless of the amount of such judgment, it being the intention of
the parties to fully compensate the prevailing party for all attorney's
fees paid or incurred in good faith.
Venue
Section 7.08. This agreement is made, entered into,
executed and is to be performed in Moorpark, Ventura County, California,
and any action filed in any court or for arbitration for the inter-
pretation, enforcement and /or otherwise of the terms, covenants and
conditions referred to herein shall be filed in the applicable court
in Ventura County, California.
City's Agent
Section 7.09. The Moorpark Director of Community Develop-
ment shall have the right to review, coordinate and approve all work
to be performed by Contractor pursuant to the terms of this agreement
and shall be the City's agent with respect to review, coordination,
and approval of the services to be performed by the Contractor.
EXECUTED in duplicate at Moorpark, California, on the date
and year first hereinabove written.
McCLELLAND ENGINEERING, INC.
(Name of Contractor)
By
Title
And by
Title
C O N T R A C T O R
(Notarial certificate attached)
CITY OF MOORPARK, CALIFORNIA
a municipal corporation
by
ATTEST:
Its Mayor
City Clerk
C I T Y
(SEAL)
5
CERTIFICATE OF ACKNOWLEDGEMENT
(Corporation)
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
On this day of , 19 ,
before me, the undersigned, a Notary Public in and for said
State, personally appeared
personally known to me or proved to me on the basis of satisfactory
evidence to be the
(title)
of
name of corporation)
and whose name is subscribed to the within strument, and
acknowledged to me that the corporation executed it.
(SEAL)
WITNESS MY HAND AND OFFICIAL SEAL.
Notary Public in and for said
County and State
,