HomeMy WebLinkAboutAGENDA REPORT 1993 1103 CC REG ITEM 11GITEM •
A G E N D A R E P O R T /
C I T Y O F M O O R P A R K 7
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TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development;;
Prepared by Deborah S. Traffenstedt, Senior Planner'!-:
DATE: October 27, 1993 (CC Meeting of 11 -3 -93)
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT WITH HIDDEN CREEK RANCH
PARTNERS (HCRP) AND THE APPROVAL OF A PROFESSIONAL
SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES (MBA)
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR)
AND RELATED SERVICES FOR THE SPECIFIC PLAN NO. 8 PROJECT
BACKGROUND
It is the intention of Messenger Investment Company, also known as
Hidden Creek Ranch Partners (HCRP), to have the City hire the
environmental consultant for preparation of an EIR for the Specific
Plan No. 8 project. Michael Brandman Associates (MBA) was
recommended to the City by HCRP, and has been determined to be
qualified to prepare the EIR and provide other related services.
Two draft contract agreements are attached to this staff report.
The first contract is a joint agreement between HCRP and the City
for the selection of MBA and the payment of all costs by HCRP. The
second contract is the agreement between the City and MBA, and
includes the specific scope of work for the EIR and related
services. Since the MBA Agreement will be Exhibit "1" to the HCRP
Agreement, with the payment terms as Exhibit "2 ", the attachments
are included in that arrangement.
DISCUSSION
HCRP Agreement
The attached HCRP Agreement was based in part on the prior
Carlsberg Agreements for preparation of the original and subsequent
EIR for the Carlsberg specific plan. The HCRP Agreement differs
from the Carlsberg Agreements in that it includes language
requiring the City to collect a specific plan fee from all other
property owners within the Specific Plan No. 8 area, to reimburse
HCRP for paying for all of the costs related to preparation of the
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The Honorable City Council
October 27, 1993
Page 2
specific plan and EIR. The payment terms included in Exhibit "2"
to the HCRP Agreement are also different. The intent is to allow
easier processing of invoices received from consultants for EIR
related work.
The City received a deposit of approximately $32,000 from HCRP in
August 1993, for continued preliminary application processing. The
formal application for the Specific Plan No. 8 project is expected
to be filed prior to the November 3rd meeting. It is both the
applicant's and staff's preference to proceed with the approval of
the MBA contract at this time to allow qualified personnel from
that firm to participate in a review of the concept land use plan
to determine if any potentially significant impact of the proposed
project could be avoided or minimized with minor revisions to that
plan, as well as to allow the initiation of a scoping process with
affected agencies.
MBA Agreement
Attached as Exhibit "A" to the MBA Agreement is a detailed Scope of
Work for the EIR and other related work. That Scope of Work
identifies MBA's proposed sub - consultants, including Leighton and
Associates (Geologic conditions and hazardous materials), W & S
Consultants (historical, archaeological, and paleontological
resources), and Associated Transportation Engineers (project
traffic engineer). The scope of work also identifies EIR
information to be provided by the applicant, the specific plan
consultant (RNM Architecture and Planning), and the project civil
engineer, (Haaland Associates).
As previously identified, MBA was recommended by HCRP, and MBA did
complete a biological resource study of the project area in the
spring of 1993, under direct contract to HCRP. That survey was
conducted with input from the Community Development Department, in
order to collect biological survey information at the appropriate
time of the year. Leighton and Associates also was previously
employed by the applicant to prepare a Phase 1 Environmental
Assessment for their property within the specific plan area.
Flexibility has been built into the MBA Agreement and Scope of Work
so as to allow minor revisions following the Notice of Preparation
of an EIR /agency scoping process (Task B), and a contingency fund
has been included in the contract budget. A minor modification of
the Scope of Work may become necessary following completion of the
scoping and formal Notice of Preparation of EIR tasks. Any
modification to the Scope of Work would need to be agreed upon by
all three parties (i.e., the City, HCRP, and MBA). In addition,
the Scope of Work requires written approval from the City prior to
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The Honorable City Council
October 27, 1993
Page 3
initiation of work on noise testing, the traffic study, visual
analysis (including hillside grading issues), and alternatives
analysis. This requirement for written authorization is intended
to ensure that the EIR consultant does not complete certain
sections of the EIR or technical studies prior to receiving
specific direction from staff.
The Scope of Work includes two different options for tree impact
analysis for the project. The first option that is budgeted for
does not involve a full tree study. Rather, it consists of an
identification of the number of oak trees potentially impacted by
the project with other tree impacts addressed in relation to
potential habitat impacts. This option would defer the full tree
study until such time that an entitlement is requested that would
involve grading approval (such as a subdivision map or planned
development permit). The other option would be to require a
complete tree study for the specific plan area as per current City
Municipal Code requirements, including specific mapping of any
"mature tree" and "native oak tree "; identification of tree type,
species, size and health; identification of recommended remedial
measures to improve the health, safety and life expectancy; and
identification of appraisal value. Since the specific plan area is
not currently within the City limits, and is not subject to the
City's Municipal Code, and since the entitlements currently
requested will not result in any direct impacts to trees, the
proposed Scope of Work does not include a full tree study at this
time.
Future Workshop(s) and Meeting(sl
An agenda item on the October 20th meeting was a request by staff
for City Council authorization of a joint workshop with the
Planning Commission for the Specific Plan No. 8 project. That
workshop is scheduled for November 15, 1993. The focus of the
workshop will be on reaching consensus on the land use and
circulation plan to be analyzed in the EIR as the "Project."
Following the joint workshop and formal Notice of Preparation of
EIR /agency scoping process, it is staff's intention to request City
Council authorization of the alternatives to be analyzed in the
Draft EIR. Other workshops or meetings will be scheduled at the
direction of the City Council. Based on the schedule included in
the Scope of Work the Draft EIR is proposed to be released for
public review in April 1994.
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The Honorable City Council
October 27, 1993
Page 4
RECOMMENDATION
1. Approve an Agreement with HCRP for preparation of the EIR and
the provision of related services for the Specific Plan No. 8
project by MBA, subject to final language approval by the City
Manager and City Attorney, and authorize the City Manager to
sign the Agreement.
2. Approve a Professional Services Agreement with MBA for
preparation of the EIR and the provision of related services
for the Specific Plan No. 8 Project, subject to final language
approval by the City Manager and City Attorney, and authorize
the City Manager to sign the Agreement.
Attachments:
Draft HCRP Agreement
Exhibit "1" - Draft MBA Professional Services Agreement
and Exhibit "A ", Scope of Work
Exhibit "2" - Payment Terms
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AGREEMENT FOR PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT (EIR) AND RELATED SERVICES FOR
SPECIFIC PLAN NO. 8 PROJECT AND RELATED
ENTITLEMENTS AS REQUESTED BY HIDDEN CREEK
RANCH PARTNERS L.P.
THIS AGREEMENT, made and entered into this day of
, 1993, by and between the CITY OF MOORPARK, a municipal
corporation located in the County of Ventura, State of California
("City") and HIDDEN CREEK RANCH PARTNERS L.P., a California limited
partnership ( "HCRP ").
W I T N E S S E T H
WHEREAS, HCRP is the majority owner of property located in the
City, within the area identified as Specific Plan No. 8 on the
City's General Plan land use map, and the Assessor's Parcel Numbers
and estimated acreage for that property are as follows: 500- 0 -120-
035 (27.47 acres), 500 -0- 120 -055 (3.82 acres), 500 -0- 120 -065 (4.26
acres), 500 -0- 170 -135 (296.35 acres), 500 -0- 170 -205 (25.62 acres),
500 -0- 170 -255 (85.99 acres), 500 -0- 170 -295 (44.31 acres), 500 -0-
180 -045 (640.00 acres) , 500 -0- 180 -055 (640.00 acres) , 500 -0- 180 -075
(632.00 acres), 500 -0- 180 -105 (60.76 acres), 500 -0- 180 -115 (571.24
acres), 500 -0- 281 -165 (26.59 acres), 500 -0- 281 -185 (14.83 acres),
500 -0- 281 -195 (40.69 acres), 500 -0- 292 -065 (211.29 acres), 500 -0-
292 -135 (39.37 acres), 615 -0- 110 -205 (115.68 acres), 615 -0- 110 -215
(255.99 acres), 615 -0- 150 -185 (17.34 acres); and
WHEREAS, in August 1993, HCRP submitted to the City a
preliminary application and fee deposit for the purpose of
requesting consideration of a specific plan and pre- zoning for a
project hereinafter referred to as the "SPECIFIC PLAN NO. 8
PROJECT "; and
WHEREAS, HCRP has submitted its formal application to the City
for a specific plan, zone change, and General Plan amendment; and
WHEREAS, upon execution of this Agreement by City and HCRP,
City intends to enter into an Agreement with Michael Brandman
Associates ( "MBA"), a copy of which is attached hereto and
incorporated herein as Exhibit "1 ", whereby MBA shall be retained
by City to prepare the environmental impact report and perform
related services for the Specific Plan No. 8 Project; and
WHEREAS, upon execution of this Agreement by City and HCRP,
HCRP shall be responsible for payment of all costs associated with
the MBA Agreement, as identified herein, and within Exhibits "1"
and "2" of this Agreement.
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NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises contained herein, the parties agree as
follows:
I. COSTS OF MBA AGREEMENT
HCRP shall pay to City all costs incurred by City in strict
accordance with the MBA Agreement; provided; however, that
such costs shall not exceed $348,150.00 without the prior
agreement of HCRP and the City of the changes in the scope of
work for the MBA Agreement which result in the increase of
said cost. HCRP may terminate this Agreement at any time and
for any reason upon giving the City notice of termination of
this Agreement, and City shall, within ten (10) working days
of receipt of said notice from HCRP, exercise its right to
terminate the MBA Agreement pursuant to Section III of the MBA
Agreement. In the event HCRP exercises its right to
terminate, HRCP agrees that it will reimburse the City for the
services performed by MBA, City staff, and City contract
employees, up to the date of termination of the MBA Agreement
(or the date termination would have occurred had the City
exercised its right to terminate the MBA Agreement within ten
(10) working days from receipt of HCRP's notice). Payment by
HCRP to City shall be in accordance with the terms set forth
in Exhibit "2" attached hereto and incorporated herein.
Concurrently with the adoption of Specific Plan No. 8 by the
City Council, in accordance with Section 65456 of the
Government Code, the City agrees to impose a specific plan
reimbursement fee upon all persons seeking future governmental
approvals which are required to be consistent with Specific
Plan No. 8. The fees shall be established so that, in the
aggregate, they defray, but as estimated do not exceed, the
cost of preparation, adoption and administration of the
specific plan, including the cost of preparation of the EIR as
included in this Agreement. The fee charged shall be pro
rated in accordance with the future applicant's relative
benefit derived from the specific plan, as determined by City.
The City shall collect the reimbursement fee upon acceptance
of the filing of an entitlement application for any property
located within the Specific Plan No. 8 area that is not owned
by HCRP. After collection, said fees shall be forwarded to
HCRP by the City within thirty (30) days.
II. CITY COSTS
HCRP shall pay City for all necessary and proper costs
incurred by City in regard to preparing and processing the
environmental impact report for the Specific Plan No. 8
Project and administering the MBA Agreement in accordance with
the terms set forth in this Agreement and Exhibits 111" and
"2 ", which are attached hereto and incorporated herein.
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HCRP shall also pay City for all necessary and proper costs
incurred by City for the hiring of a qualified consultant to
review and critique the fiscal impact study that HCRP's
consultant shall prepare.
III. EIR CERTIFICATION - In no event or circumstance, shall this
Agreement be deemed to require City certification of the EIR
prepared by MBA for the Specific Plan No. 8 project.
IV. COPIES OF WORK PRODUCT
HCRP shall have a right to receive from the City, at its sole
discretion, copies of all completed MBA work products as
identified in Exhibit "1 ", with the exception of draft staff
reports. One copy of all final approved staff reports will be
provided to HCRP following distribution to the appropriate
decision - making body for a scheduled public meeting, workshop,
or hearing.
V. RESERVATION OF RIGHTS
In no event or circumstance, shall this Agreement be deemed to
limit or otherwise be deemed a waiver of any right,
obligation, claim, cause of action, or defense that either
party may have under any applicable California or federal law.
VI. GOVERNING LAW
This Agreement shall be governed by, and construed in
accordance with the laws of the State of California.
VII.ADDITIONAL DOCUMENTS
Each party hereto agrees to execute any and all documents and
writings which may be necessary or expedient to, and to do
such further acts for, the purposes hereof.
VIII.SUCCESSORS. ASSIGNS
This Agreement shall be binding upon and inure to the benefit
of all heirs, successors, and assigns.
IX. MISCELLANEOUS PROVISIONS
A. HCRP agrees not to hire MBA to perform any environmental
compliance, land use planning, resource management, or
related services during the term of this Agreement and
for a one -year period following completion of all tasks
described in Exhibit "1" to this Agreement.
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B. HCRP shall hold harmless, indemnify and defend the City
and its officers, employees, servants and agents and
independent contractors who serve in the role of City
Manager, Deputy City Manager, Director of Community
Development, City Engineer, or City Attorney from any
claim, demand, damage whatsoever, including but not
limited to death or injury to any person and injury to
any property, resulting from any of its officers,
employees or agents in the performance of this Agreement,
except such damage as is caused by the sole negligence of
the City or any of its officers, employees, servants or
agents.
The City does not, and shall not, waive any rights that
it may have against HCRP by reason of Paragraph B,
hereof, because of the acceptance by the City, or the
deposit with the City, of any insurance policy or
certificate required pursuant to the MBA Agreement,
attached as Exhibit "1". This - -how _ - -..
indemn- if ieation . prevision shall apply - 1 -s& & --
vjtether or not aai pars- .-ara- dent - ermined --,o
be - applicable to the elaim, demand, damage-, -1iab lill�,
1�ss_, cost sir. -expect described iii- Paragraph fi -.of -the IBA
C. Any notice to be given pursuant to this Agreement shall
be in writing, and all such notices and any other
document to be delivered shall be delivered by personal
service or by deposit in the United States mail,
certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom
intended as follows:
To: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Gary Austin
Hidden Creek Ranch Partners
17512 Von Karman Avenue
Irvine, CA 92714
Either party may, from time to time, by written notice to
the other, designate a different address or contact
person, which shall be substituted for the one above
specified. Notices, payments and other documents shall
be deemed delivered upon receipt by personal service or
as of the second (2nd) day after deposit in the United
States mail.
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D. Nothing contained in this Agreement shall be deemed,
construed or represented by the City or HCRP or by any
third person to create the relationship of principal or
agent, or of a partnership, or of a joint venture, or of
any other association of any kind or nature between the
City and HCRP.
E. This Agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be
amended in any way except by a writing expressly
purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
F. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement
was prepared by the parties jointly and equally, and
shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it
to be prepared.
G. No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding, unless
executed in writing by the party making the waiver.
H. In the event any action, suit or proceeding is brought
for the enforcement of, or the declaration of any right
or obligation pursuant to this Agreement or as a result
of any alleged breach of any provision of this Agreement,
the prevailing party shall be entitled to recover its
costs and expenses, including reasonable attorney's fees,
from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award
thereof.
I. Cases involving a dispute between the City and HCRP may
be decided by an arbitrator if both sides agree in
writing, with costs proportional to the judgment of the
arbitrator.
J. This Agreement is made, entered into, and executed in
Ventura County, California, and any action filed in any
court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or
covenants referred to herein shall be filed in the
applicable court in Ventura County, California.
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K. The captions and headings of the various Articles and
Paragraphs of this Agreement are for convenience and
identification only and shall not be deemed to limit or
define the content of the respective Articles and
Paragraphs hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed as of the day of , 1993.
CITY OF MOORPARK: HIDDEN CREEK RANCH PARTNERS L.P.
California Limited Partnership
BY East Ventura Hills Partners L.P.
a California Limited Partnership,
General Partner
BY Messenger Investment Company
a California Corporation
General Partner:
BY BY
Steven Kueny
City Manager
ATTEST:
BY
Lillian E. Hare
City Clerk
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William S. Messenger Jr.
President
Exhibit "1"
MICHAEL BRANDMAN AGREEMENT AND SCOPE OF WORK
FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT
AND RELATED SERVICES FOR SPECIFIC PLAN NO. 8
DATED OCTOBER 27, 1993
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 by and between the City of Moorpark, a
municipal corporation located in the County of Ventura, State of
California, hereinafter referred to as "CITY" and Michael Brandman
Associates, a California Corporation, hereinafter referred to as
"MBA."
W I T N E S S E T H
Whereas, City has the need for professional environmental
compliance, planning, and resources management services related to
the preparation of an environmental impact report for the Specific
Plan No. 8 project; and
Whereas, City desires to contract for such services with a
private consultant in anticipation that said private consultant can
provide such services in a manner acceptable to the City; and
Whereas, MBA is experienced in providing such services and is
able to provide personnel with the proper experience,
certifications and background to carry out the duties involved; and
Whereas, MBA has submitted to City a scope of work proposal
for preparation of an environmental impact report and related
services for Specific Plan No. 8, attached hereto as Exhibit "A"
and hereinafter referred to as the "SCOPE OF WORK ", which describes
the work products and services to be provided by MBA; and
Whereas, City, wishes to retain MBA for the performance of the
services identified in the Scope of Work; and
Whereas, the City has or intends to enter into an Agreement
with the Specific Plan No. 8 applicant, Hidden Creek Ranch Partners
L.P., a California Limited Partnership, requiring the applicant to
pay to City all costs incurred by City in strict accordance with
the MBA Agreement and Scope of Work;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree as
follows:
I. SCOPE OF WORK
City does hereby retain MBA in a contractual capacity to
perform environmental compliance, planning, and resource management
services, as set forth in Exhibit "All, the Scope of Work, which is
attached hereto and by this reference incorporated herein. MBA's
qualifications are included as an attachment to the Scope of Work.
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II. COMPENSATION
The fees in full compensation to MBA for the services rendered
shall be as set forth in Exhibit "A ", the Scope of Work; and
payment of such fees shall be made by City consistent with the
provisions of Subsection IV.L of this Agreement.
III.TERMINATION
This Agreement may be terminated with or without cause by City
at any time with no less than ten (10) working days written
notice of such termination. In the event of such termination,
MBA shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be
prorated as to the percentage of progress completed at the
date of termination.
This Agreement may be terminated by MBA only by providing City
with written notice no less than thirty (30) days in advance
of such termination.
IV. GENERAL CONDITIONS
A. MBA shall agree not to provide environmental compliance,
land use planning, resource management, or related
services for any other public agency or private
development project located within the City limits or its
Area of Interest, without the prior written consent of
the City, during the term of this contract.
B. MBA shall agree not to provide environmental compliance,
land use planning, resource management, or related
services for any individual, partnership, or corporation,
including any affiliated company, partnership, or
corporation, owning property within the area designated
as Specific Plan No. 8 in the City's General Plan, during
the term of this Agreement and for a one -year period
following completion of all tasks described in the Scope
of Work.
C. City shall not be called upon to assume any liability for
the direct payment of any salary, wage or other
compensation to any person employed by MBA performing
services hereunder for City.
D. MBA is and shall at all times remain as to the City a
wholly independent contractor. Neither the City nor any
of its officers, employees, servants or agents shall have
control over the conduct of MBA or of MBA's officers,
employees or agents, except as herein set forth.
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MBA shall not at any time or in any manner represent that
it or any of its officers, employees or agents are in any
manner employees of the City.
E. At the time of 1) termination of this Agreement or 2)
conclusion of all work; all original documents, designs,
drawings, reports, calculations, diskettes, computer
files, notes, and other related materials whether
prepared by MBA or their subcontractors) or obtained in
the course of providing the services to be performed
pursuant to this Agreement shall become the sole property
of the City. All environmental impact report text
computer files shall be provided to the City using IBM
compatible, Word Perfect 5.0 word processing software, on
a 3.5 -inch diskette.
F. MBA shall hold harmless, indemnify and defend the City
and its officers, employees, servants and agents and
independent contractors who serve in the role of City
Manager, Deputy City Manager, Director of Community
Development, City Engineer, or City Attorney from any
claim, demand, damage, liability, loss, cost or expense,
for any damage whatsoever, including but not limited to
death or injury to any person and injury to any property,
resulting from misconduct, negligent acts, errors or
omissions of MBA or any of its officers, employees or
agents in the performance of this Agreement, except such
damage as is caused by the sole negligence of the City or
any of its officers, employees, servants or agents.
The City does not, and shall not, waive any rights that
it may have against MBA by reason of Paragraph F hereof,
because of the acceptance by the City, or the deposit
with the City, of any insurance policy or certificate
required pursuant to this Agreement. This hold harmless
and indemnification provision shall apply regardless of
whether or not said insurance policies are determined to
be applicable to the claim, demand, damage, liability,
loss, cost or expense described in Paragraph G hereof.
G. MBA shall secure from a good and responsible company or
companies doing insurance business in the State of
California, pay for, and maintain in full force and
effect for the duration of this Agreement the policies of
insurance required by this paragraph and shall furnish to
the City Clerk of the City certificates of said insurance
on or before the commencement of the term of this
Agreement. Notwithstanding any inconsistent statement in
any of said policies or any subsequent endorsement
attached thereto, the protection offered by the policies
shall:
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1. Name the City and its officers, employees, servants
and agents and independent contractors serving in
the role of City Manager, Deputy City Manager,
Director of Community Development, City Engineer,
or City Attorney, as additional insured with MBA.
2. Insure the City and its officers, employees, and
agents while acting in the scope of their duties
under this Agreement against all claims, demands,
damages, liabilities, losses, costs or expenses
arising from, or in any way connected with, the
performance of this Agreement by MBA or the City.
3. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified
by mail, postage prepaid, not less than thirty (30)
days before the cancellation or amendment is
effective. MBA shall give City thirty (30) days
written notice prior to the expiration of such
policy.
4. Be written on an Occurrence Basis.
H. Consistent with the provisions of Paragraph G, MBA shall
provide general public liability including automobile
liability and property damage insurance in an amount not
less than One Million dollars ($1,000,000.00) per
occurrence and annual aggregate.
I. Consistent with the provisions of Paragraph G, MBA shall
provide workers' compensation insurance as required by
the California Labor Code. If any class of employees
engaged by MBA in work under this Agreement is not
protected by the workers' compensation law, MBA shall
provide adequate insurance for the protection of such
employees to the satisfaction of the City.
J. MBA shall not assign this Agreement, or any of the
rights, duties or obligations hereunder. It is
understood and acknowledged by the parties that MBA is
uniquely qualified to perform the services provided for
in this Agreement.
K. The MBA's Scope of Work (Exhibit "A ") dated
' 1993, is hereby incorporated into this
Agreement. Where said Scope of Work is modified by this
Agreement, the language contained in this Agreement shall
take precedence.
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L. Payment to MBA shall be made by City within thirty (30)
days of receipt of invoice, if sufficient environmental
impact report deposit funds are held by the City in the
Specific Plan 8 Project trust account, and the invoice is
not contested or questioned by City. Payment to MBA
shall not be made by City within thirty ( 30 ) days for any
invoice which is contested or questioned and returned by
City with written explanation within thirty (30) days of
receipt of invoice. MBA shall provide to City a written
response to any invoice contested or questioned, and
further, upon request of City, shall provide City with
any and all documents related to any invoice. Invoices
shall only be submitted to City by MBA following
completion of each individual task or sub -task identified
in Exhibit "A ", and the written work product for each
completed task or sub -task shall accompany each invoice.
If insufficient funds are contained in the Project trust
account to pay in full a MBA invoice that is not
contested or questioned, the City shall make a partial
payment based on available funds within 30 days. The
City shall then forward an invoice to the Specific Plan
No. 8 Project applicant requesting that additional funds
be submitted to pay the remainder amount from any MBA
invoice that was not paid in full due to insufficient
funds, and requesting additional funds to return the
environmental impact report deposit amount in the Project
trust account to the original balance within 30 days.
Following receipt of an additional environmental impact
report deposit from the Specific Plan No. 8 applicant,
the City shall then pay the remainder amount from any MBA
invoice that was not paid in full due to insufficient
funds in the Project trust account.
M. Any notice to be given pursuant to this Agreement shall
be in writing, and all such notices and any other
document to be delivered shall be delivered by personal
service or by deposit in the United States mail,
certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom
intended as follows:
To: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Joan Patronite Kelly
Michael Brandman Associates
2530 Red Hill Avenue
Santa Ana, CA 92705
dst- 10- 28- 93 /5:35PMC:\WP51\SP- 8\CTR -KM .BIR 5
Either party may, from time to time, by written notice to
the other, designate a different address or contact
person, which shall be substituted for the one above
specified. Notices, payments and other documents shall
be deemed delivered upon receipt by personal service or
as of the second (2nd) day after deposit in the United
States mail.
N. Nothing contained in this Agreement shall be deemed,
construed or represented by the City or MBA or by any
third person to create the relationship of principal or
agent, or of a partnership, or of a joint venture, or of
any other association of any kind or nature between the
City and MBA.
O. This Agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be
amended in any way except by a writing expressly
purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
P. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement
was prepared by the parties jointly and equally, and
shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it
to be prepared.
Q. No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding, unless
executed in writing by the party making the waiver.
R. In the event any action, suit or proceeding is brought
for the enforcement of, or the declaration of any right
or obligation pursuant to this Agreement or as a result
of any alleged breach of any provision of this Agreement,
the prevailing party shall be entitled to recover its
costs and expenses, including reasonable attorney's fees,
from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award
thereof.
S. Cases involving a dispute between the City and MBA may be
decided by an arbitrator if both sides agree in writing,
with costs proportional to the judgment of the
arbitrator.
dst- 10- 18- 93 15:35pmC: \WPSI \SP- 8 \CTR- XBA.EXR 6
T. This Agreement is made, entered into, and executed in
Ventura County, California, and any action filed in any
court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or
covenants referred to herein shall be filed in the
applicable court in Ventura County, California.
U. The captions and headings of the various Articles and
Paragraphs of this Agreement are for convenience and
identification only and shall not be deemed to limit or
define the content of the respective Articles and
Paragraphs hereof.
V. RESPONSIBLE INDIVIDUAL
The individual directly responsible for MBA overall
performance of the Agreement provisions herein above set forth
and to serve as principal liaison between City and MBA shall
be Tony Locacciato. Upon mutual written agreement of the
parties, other individuals may be substituted in the above
capacity.
The City's contact person in charge of administration of the
MBA Agreement, and to serve as principal liaison between MBA
and City, shall be the Director of Community Development.
VI. IMPLEMENTATION
The City shall provide MBA with written notice in advance of
the date at which these services are to be implemented if
different than the date of the Agreement.
CITY OF MOORPARK:
By:
Steven Kueny, City Manager
ATTEST:
By:
Lillian E. Hare, City Clerk
dst- 10- 28- 93 15:35pmC :\WP51\SP- B\CTR -MM .EIR 7
MICHAEL BRANDMAN ASSOCIATES:
By:
Joan Patronite Kelly, Principal
SCOPE OF WORK
SPECIFIC PLAN 8
ENVIRONMENTAL. IMPACT REPORT
Prepared for:
City cat Moorpark
Community Development Department
799 Moorpark A VCM[e
Moorpark, California 93021
Contact: Deborah S. Tratfenstedt
Senior Planner
(805) 529 - 6864
Prep;irod ) ..
Michael Brandnurn Associates
330 North Wood Roall, Suite 1)
imarillo, ( alif lrni i ' )3010
l'ony Locacciato, AICP
Mana cr of S�:l
(805) 383 - 6985
October 2 7, 1993
MICHAEL BRANUMAN TEL:7142505561 Oct 29 93 10:24 No.006 P.02
Uff"T.6011 y �►
Michael Brandman Associates (MBA) will take responsibility for conducting an initial review of the
project conceptual land use plan as submitted by the applicant, scoping of the contents of the EIR,
preparation and processing of CEQA notices, data compilation, impact assessment, development of
mitigation measures, report compilation and distribution, response to public comments on the draft
EIR, public meetings and hearing attendance, coordination between 0ty of Moorpark staff and the
MBA project team, preparation of the findings, and preparation of a mitigation monitoring plan, to
the extent presented in the following scope of work.
Report format and content will he in accordance with CEQA, the State CEQA Guidelines, and City
of Moorpark environmental guidelines. As the buildout of the specific plan will involve individual
projects and multiple phases, The EIR will be prepared as a program FIR pursuant to Section 15165
and 15168 of the CEQA Guidelines. The goal will be to provide a level of detail in the project
description and analysis to allow no further environmental review of projects that conform to the
specific plan in conformance with Section 15182 of the CEQA Guidelines.
EIR organization will include existing conditions, impacts, and mitigation measures discussions
addressing topical issues. Text will be supplemented with graphics and summary tables, as necessary,
to present information in a concise and easily understood format. Work products will consist of
professionally photocopied reports in comb bindings.
The proposed scope of work that follows has been organized into major tasks. Refinements to the
scope of work, budget, and project schedule will he discussed as the last task in the scoping process,
if needed.
'task A: Review of Concept I'lun
Purpose: The purpose. of this review is to identify any potentially significant impact of the proposed
project that could be avoided or minimized with minor revisions to the project plan.
Approach: 1. MBA and the project traffic engineer, Associated Transportation Engineers, will
review the initial concept land use plan as submitted by the city. Specifically, the
MBA review will focus on the compatibility of the plan with the biological resources
existing on the site. The concept plan will be overlaid on the existing plant
communities map to accomplish this review. The project traffic engineer will
review the configuration of the project roadway system. A technical memorandum
from MBA to the City will be provided suggesting any minor revisions to avoid
significant environmental impacts.
Products: 1. Technical Memorandum containing preliminary impact analysis and suggested
revision,, to land use plan, including a copy of the land use plan with notations.
Task B: Scopiar Pry
PuMose: A formal scoping process will be conducted consisting of scoping meetings with
responsible and trustee agencies, preparation of an Initial Study, issuance of the Notice
of Preparation (NON) for the EIR and review of the NOP comments, and refinement of
the EIR scope of work. The purpose of this process is to ensure that the EIR addresses
all potentially significant impacts of the project.
LA /s-iM28PW2
OCT 29 '93 10:26 r7, A-)c7 I—Cr+ ^ ^ --
MICHAEL BRANDMAN TEL:7142505561
Task BI: Public Agency So ping Meethigs
Oct 29 93 10:25 No.006 P.03
Apn�: 1. MBA will conduct scoping meetings with the following public agencies and
organisations:
U. S. Fish and Wildlife Service
Army Corps of Engineers
California Department of Fish and Game
California Department of Transportation
Santa Monica Mountains Conservancy
Ventura County Local Agency Formation Commission
Ventura County Air Pollution Control District
City of Simi Valley
Moorpark College
Moorpark Unified School District
Ventura County Public Works Agency Transportation Department
The purpose of these meetings is to brief these agencies and organizations on the
project and solicit input on the issues of concern, and the type of environmental
analysis desired by each agency. With the exception of Moorpark College and Simi
Valley all of these agencies will be Responsible or Trustee agencies under CEQA
for this project. The goal of these scoping meetings is to receive input on those
issues within the jurisdiction of each Responsible and 'trustee agency. Moorpark
College will also he contacted at the request of the city to discuss land use
compatibility issues that may be of concern to the college. Simi Valley will be
contacted to discuss possible roadway connections, traffic and land use impacts.
The MBA proiect manager will attend all scoping meetings. As appropriate the
MRA biology manager and the project traffic engineer will attend the meetings with
those agencies involved with these areas of study.
MBA will provide the City's Director of Community Development two week's
advance notice of all arranged scoping meetings to allow the opportunity for
attendance by City staff. All meetings will be held at the Moorpark City Hall or
Ventura County Government Center unless agreed to by the City. It is assumed that
all of the scoping meetings can be accomplished within 2 weeks.
Agendas will he prepared for each meeting and tailored to the issues to be addressed
with each agency. The project description will he provided and explained in order
to solicit input. The plant community map previously prepared by MBA will be
shown to the natural resource agencies. Minutes will be prepared for each meeting
and distributed to the City of Moorpark and all parties attending the meeting.
Pr s: 1. Attendance at up to eleven (11) public agency scoping meetings.
2, Minutes of all public agency scoping meetings held.
Task B2: Preparation of Inilijl Study
Approach: 1. MBA will prepare an Initial Study, according to CEQA requirements, the State
CEQA Guidelines (Section 15063), and procedures of the City of Moorpark
LA /S:] 82BPM
OCT 29 '93 10:26 7142505561 PAGE.003
(Resolution No. 92 -872). The City of Moorpark Initial Study form will be used.
The Initial Study will be prepared in accordance with the content requirements of
recent case law, specifically Citizens Association for Sensible Development of
Bishop Area v. County of lnyo (1985) and Sundstrom v. County of Mendocino
(1988). A checklist of impacts and reasoned explanations of the findings of the study
will be provided.
2. The Initial Study will be based on published information, including but not limited
to, the City of Moorpark General Plan Update EIR, technical reports completed and
submitted by the applicant to the City, and the minutes of the public agency scoping
meetings.
3. Issues for which no significant impacts will occur (therefore needing no additional
consideration) will be identified along with topics that will require further evaluation
in the EIR. The scope of the study fir each topic to be included in the EIR will be
reviewed.
4. A draft Initial Study will be prepared for review by the City of Moorpark.
Following receipt of comments on the dl aft Initial Study, the final Initial Study will
be revised for distribution by MESA with the Notice of Preparation.
Products: 1. Five (5) copies of the draft Initial Study.
2. One (1) reproducible copy of the final Initial Study for distribution with the Notice
of Preparation.
Task 133• Preparation and Distribution of Notice of Preparation
Approach: 1. MBA will prepare the NOP and distribute it to the mailing list approved by the City
of Moorpark. The Initial Study will he sent with the NOP. As required by Section
15082 of the CEQA Guidelines, the NOP shall be sent by certified mail to all
Federal, Responsible and Trustee agencies that will he involved in approval of the
project. A draft of the NOP \k ill h; i I. ' lot revi<« and approval h% Cit% staff
prior to distribution
Pruduct�: I. Notice of Preparation, up to 10 mailed by certified mail to f=ederal,
Responsible. and agencic�. ",:,d r.;: tkl 50 copies sent by regular «pail.
Task 134: —Evaluate NOP Responses and Refine Scope o.l' 11 orl.
Approach: 1. After completion of the scoping process and receipt of Notice of Preparation
responses, M13A will identify issues tour which no significant impacts will occur (to
be described as effects found not to he significant in the FIR) and identify potentially
significant impact topics, discussed during the scoping process, that will require
further evaluation in the EIR. A memorandum will he submitted to the City of'
Moorpark summarizing issues identified in the scoping process, and Suggestions to
the project scope.
Products: I . Five (5) copies of a memorandum suggesting refinements,if needed, to the scope of
work, the schedule, and the budget for the EMIR, based on the results of the scoping
process, subject to approval by the City of Moorpark.
LA;S:1828MQ
Task C: Preparation of Administrative Draft EIR
Pur ose: To prepare a comprehensive and legally defensible EIR. The content, scope of study, and
analysis methodologies to be used are described below:
Approach: 1. An introduction will he prepared to the FIR describing the background of the
project, scope, and organization of the FIR
2. A summary table will be provided that identities the impacts of the project, proposed
Mitigation IllCiSllr'CS, arld the effeeti�eness of the mitigation measures. A summary
of the alternative analysis will be pl-OVided along with a discussion of issues to be
resolved and issues subject to public controversy.
3. The project description section of the EIR, based on information provided by the
project applicant, will he prepared to include the following:
a. The precise location and houndaries of the proposed project shall be shown
on a USGS map.
h. A statement of the objectives sought by the proposed project.
C. A description of the project's physical, technical, economic and environmental
characteristics, including planned urban land uses, open space dedications,
circulation system, onsite and of4site infrasiru;;ture components. design
guidelines and features, phasing and other important features of the specific
plan.
d. Intended uses of the FIR (as required by Section 15124(d) of the State CEQA
Guidelines), including a list of responsible and other agencies expected to use
the EIR in decision - making, and a list of the discretionary entitlement
approvals for which the EIR will be used.
4. An environmental setting. section %kill he piep<ired descrihins; the k)cA and ie.-Jonal
physical setting. This secriMn will alul contain the list of related projects considered
in the cumulative analysis in the I Ill 1 imil) showin- the l0CXi1 n A the related
projects will he provide(. MBA alil c ordinate »Ills 01� of ;Ntoml)aik Blatt to
uhtain a list of current projects \tlthm the clt\ MBA will also conta,;t the Count�
of Ventura and City of Simi Valley to uhtain a list of projects for which applications
have been filed. Subsets of this nulstel list will he identified fol consideration. as
appropriate, for each environmental topic.
5. In the main body of the EIR MBA will document baseline conditions, conduct
impact evaluations, and formulate mitigation measures. Specific topical areas to be
addressed, the general approach to be used, and the known issues to be confronted
in each section are described below. Significance thresholds will be identified for
each topical area to ensure that all significance statements and conclusions are well
founded, properly supported, and easily understood. Cumulative impacts will he
evaluated within each of the technical sections described below.
LAlS:1828POO2 4
a. Earth Resources - -This section "-ill comprehensively address the following
topics:
Topography - Modification of mayor landforms proposed will be analyzed in
relation to Policy 16.2 on community appearance, which discusses restricting
grading on slopes greater than 20 percent and preservation of prominent
topographic features. This analysis will be based on a slope map to be
provided by the applicant's civil engineer, Haaland Associates. The City of
Moorpark is currently developing a hillside management ordinance, pursuant
to Policy 16.2 of the General flan The project will he evaluated against this
ordinance if it is completed and available during preparation of the draft EIR.
MBA will obtain approval from the City of the standards to be used prior to
initiating this analysis.
Geologic Hazards - Subsidence, expansive soils, landslides and other potential
hazards associated with geologic and soil conditions will be analyzed.
Seismic Hazards - Fault rupture, ground shaking, liquefaction and other
hazards associated with seismic activity will be examined.
Hazardous Materials - Potential hazards related to existing and historical oil
operations will be addressed.
Minerva Resources - The relationship of' project to operating oil fields as
recognized by the State Division of Mines and Geology Oil and Gas section
will be addressed.
This section will he based on existing reports on geologic conditions and
hazardous materials provided by the applicant as reviewed and supplemented
by Leighton and Associates. Leighton and Associates will be under contract
to MBA. The site is located in the western Transverse Ranges of southern
California. The Transverse Ranges are a belt of east -west trending folds and
a�til) IaICl1 I111-wo" and "Irikc OIr faults f)rmcd in rc_ pon`c to northeast to
north - northeast Crustal shku vimi- The site consists of Nedimentary and
'01Calli: bCdIOJ 111111 " 011g1)cClle age ti) Cal -111cistocenc
1gC 1i a IBC fault` al'C krlm1 ll tki exist UIl -Site; hllll'eVel, Several inactive
tatlll�, Ii,1' c 1)CC1; 111a[)I)1 d .III I ; I I.arlllSlldlilg, I)[ 1111al 11� a",oclated %ti 1111 the
deeply incised canyons, is prevalent in much of the site. Ground water issues
including potential soil and slope instability, as well as the possibility of site
contamination are some of the most significant development constraints or
hazards to be addressed. Dighton and Associates will complete the following
tasks to prepare the EiR Earth Resources Section:
• A thorough compilation and review of published or generally available
geologic snaps and documents that pertain to the conditions of the site,
and a stereoscopic analysis of aerial photographs to locate landforms
that may be caused by active faults, landslides and debris flows,
liquefaction features or other geologic causes.
LAIS: I828PM2 5
• Review of published environmental documents pertaining to the site
including the Phase 1 Environmental Site Assessment report completed
by Leighton and Associates.
• Review of County of Ventura records for historical and recent ground
water and rainfall data for the site and the surrounding areas.
• Conduct a two -day geologic /environmental field reconnaissance of the
site to field check publisher] documents and maps.
• Review compilation of geologic and geotechnical data to evaluate the
geologic /geotechnical hazards, constraints, or opportunities associated
with the specific development plan. Leighton and Associates will also
conduct a deterministic seismic analysis for the active and potentially
active faults in southern California. The analysis will be used to
determine the magnitude and intensity of the ground motions expected
to impact the site froin a maximum credible earthquake on any of these
faults. No horings or suhsurface investigations are proposed for this
phase of the project
• Evaluate the feasihilit� and methods of mitigating the potential geologic
hazards /constraints .
• Update the Phase 1 lnvironmentai Site Assessments previously
completed by Leighton and Associates, including the historical review
of site uses, and assess the potential presence of hazardous materials.
h. Water Resources - -The construction and operational impacts of the proposed
project on surface runoff, flooding, the increase in impermeable surface area,
groundwater recharge, and other aspects of the local hydrologic cycle will be
evaluated, as applicable, based on technical information provided by the
applicant's engineer and other ,ivallahle sources. Specifically, the fi)Ilowing
topics will he addico�;d
Snrttlee I- l�'dr��l� " ". i \I�;iil�';111u 1)r�ll?�1�t�1 �Ir�llll<t`�C I��ltl�'rll�, \�1111111�'�.
and � eloclUes �+ II: alone �� Ith the potenual Impact MI
Ventura C(ILIIIt,y I io' -v 111)[101 I)isln t :Ind 'idjii e1)l l)pell spa,e aleiis
that might be impacted from increases in runoff velocities or amounts.
The hydrology analysis will be based upon a full hydrology study
meeting City and County standards to be prepared by the project civil
engineer, Haaland Associates, and submitted with the project
application.
Surface Water Quality Potential erosion impacts from construction
activities will he examined in relation to the NPDES construction
permit requirements. The proposed residential and commercial uses will
generate urban pollutants (e.g., oil, grease, pesticides and fertilizers).
In addition, maintenance of the proposed golf course will involve the
use of pesticides and fertilizers that could impact surface water quality.
Potential use of reclaimed water for the golf course and common area
landscaping could result in impacts as reclaimed water has higher levels
1_AIS:1828P002 U
of nitrogen. Impacts related to the golf course can be mitigated through
the preparation and implementation of an Integrated Golf Course
Management Plan describing the application procedures and testing for
application of fertilizers and pesticides. This plan would detail the
physical Best Management Practices (BMPs), such as passive filter
detention basins, incorporated into the project design.
NIBA will review and evaluate the effectiveness of golf course and
urban runoff mitigation strategies or programs as prepared and
submitted by the applicant. It' these plans are not yet available, MBA
will discuss the potential impacts based on published reports on urban
and golf course impacts and formulate program mitigation measures to
address potential impacts. Impacts will be compared against applicable
standards in the Ventura county 208 Areawide Water Quality Plan and
those standards set by the Regional Water Quality Control Board for
use of reclaimed water and urban runoff.
Groundwater - The site contains 2 groundwater wells on the eastern
portion of the site. The eastern portion of the site may overlay a
portion of the Las Posas Groundwater Basin. Happy camp canyon is
generally considered the boundary of this basin. NIBA will address the
disposition of the existing onsite water wells including groundwater
management programs affecting these wells and abandonment
requirements and potential effects on recharge of the Las Posas
Groundwater basin, and the quality of water in the basin.
MBA will consult with the Regional Water Quality Control Board,
Ventura County Water Resources Department, Fox Canyon
Groundwater Management Agency and other agencies associated with
management of water resources to collect information for this section.
C. Bit logical Resources- -MBA conducted field surveys during spring 1993 to
document the existing hioioLical resources on the site. These surveys were
conducted under the direct]',)[) of the City of' Moorpark and a biological
resource study of the ic�icwed and approved by the cite in JUl\
1093. The information in ties study will he incorporated into the FIR to
sere as tlt: existing cundi;i<<.. ti it of the FAIR. Additional Information
on wildlife movement and tree survey to he completed by MBA will he
summarized and added to this documentation. IYhe potential impacts of the
project on biological resources. and measures to mitigate these impacts, will
also be prepared. The Biological Resources section of the EIR will represent
a complete biological analysis of the property necessary to satisfy the accepted
scientific and technical standards consistent with the requirements of the
California Environmental Qualitti Act, the City of Moorpark, the USFWS,
CDFG, and any other pertinent reviewing agencies and organizations.
MBA will compile and review all relevant documentation pertaining to
wildlife movement in the Santa Susana Mountains and Simi Valley area,
including recent project EIR's, general plan and specific plan documents, and
the Impact Science (1900), knvicom ( 1993), and Edelman (1990) wildlife
corridor studies. EIR co►nment letters and other documentation related to
LA %S:1 828Poo2 7
proposed projects in the Happy Camp Canyon area will also be reviewed.
MBA will consult with local resource agency personnel to determine agency
concerns and viewpoints on this issue.
Based on the review of existing studies and documentation, the existing GIS
vegetation map developed by MBA, and our familiarity of the site from the
recent field surveys, MBA will develop a list of site specific characteristics
that may define wildlife movement. Based on these characteristics, MBA will
identify potential onsite m«\ ement areas and evaluate their relationship to
ott'site movement ,Ofl idors and huth onsite and off:site open space areas.
Over a 3 -day period, a field check of suspected onsite and connecting adjacent
offsite corridors will he conducted. Suspected wildlife movement areas will
be evaluated based on the location of game trails, topography, vegetation
cover, water availability, and the frequency and density of wildlife sign
(actual observations, scat, tracks, burrows, etc.). The survey methodology,
including the timing and length of field surveys, is subject to revision
following discussions with responsible agencies. The field survey will he
expanded subject to rec ivinr written authorization from the City and at
additional cost.
The methodology and results of the above - mentioned tasks will be developed
and incorporated into the biological resources existing conditions portion of
the EIR. General recommendations for mitigating potential impact., on
wildlife movement corridors, if necessary, will be included in the mitigation
section Gf the EIR.
MBA will i- onduct a field survey to determine the number of oak trees
potentially impacted by the proiect. Other potential tree impacts will be
addressed in relation to potential habitat impacts. Field survey time for this
tree identification and count is limited t,) 8 days. An exhibit will he prepared
showing the location and boundary of oak wroves on the site and the location
of si <,,nifi;:ant indiv idu:rl tiee�
As an optional kkork task. %113A will complete <r full tree survey. in
accordance with the requirements of' the City of Nloorpark's tree ordinance
(Ordinance No. 101) Hie vertical and horizontal location of each histo; i,:
tree, mature tree, and /or oak tree, as defined by the ordinance within the
portion of the project proposed for development. and the generalized locations
of all trees in these categories within 20 i'eet of the project boundary will he
determined by a qualified MBA arborist. Mach tree will he tagged and a map
will he prepared that depicts the location of each tree subject to the provisOns
of the tree ordinance. A report will be prepared that includes the species, dbh
(diameter at breast height), average spread, overall health and vigor, and
appraisal value of each tree on the site
A large number of trees exist on the project site and it is not possible to
provide an accurate total at this time for the purposes of establishing a budget.
Based on our existing knowledge of the site and review of available aerial
photography, we estimate that the portion o1' the site proposed for
development contains 500 or more trees. This scope of work and budget
LAIS:1828POO2 8
provide for a tree report addressing up to 500 trees. For each additional
interval of 50 trees, the additional cost will be $1,200. Additional trees above
a count of 500 will be surveyed, if desired by the City and after receipt of
written authorization. At the option of the City, the survey could be limited
to oak and other native trees to maintain the project budget.
All potentially significant direct and indirect impacts on biological resources
posed by the proposed project will he assessed. Evaluation of impacts will
include a discussion of potential changes in species diversity and abundance,
the overall loss or modificathm of habitat, the fill or loss of jurisdictional
wetlands or riparian areas, disruption of wildlife movement, and the loss of
special status plants, wildlife, or habitats. Using the GIS vegetation map
prepared by MBA, proposed habitat removal for each project alternative will
be quantified by habitat type Unavoidable adverse impacts will be
enumerated. Feasible mitigation measures available to minimize or eliminate
the potential significant effects on biological resources will be recommended.
Emphasis will be placed on providing maximum attainable compatibility
between development and hurlogical resources.
d. Cultural and Scientific Resources- -The historical, archaeological, and
paleontological resources tot the EIR will by conducted by W &S
Consultants under contract to MBA. These technical analyses will involve a
literature search, surface reconnaissance, consultation with local information
repositories, and report preparation. .2% Phase 1 archaeological and historical
resource survey and assessment will be completed to determine the presence
or absence, distribution, surface condition and potential significance of
cultural resources within the project site. This Phase I study will include an
identification and assessment of prehistoric and historical archaeological
remains, as well as standing structures of historic architectural importance.
A separate technical report will he prepared discussing the environmental
setting, cultural history, previous re,ional archaeological studies, results of
the archival records search, field methods, survey results, preliminary
determinations of �,ite ,i nifi,:anc , :inst ahp]icahIe CFQA ! 11 perldix K) and
I.edcral Criteria (30 (.'I :k 00.4. 800 3; and recommendations for subsequent
archaeological eval(lati,.n (Phase 11), if' w,,rrantca i'his technical
study �k ill he summarized in the h. (ly of the EIR.
It a Phase 11 evaluation is warranted, MBA will notify the city and submit a
proposal fur these service, These additional services can he provided, subject
to amendment of the contract cope of work and budl-et
Archival research will he conducted to determine the nature and substance of
existing documentation on cultural resources within the project area.
Organizations to be consulted include the UCLA Archaeological Information
Center, for existing archaeological site records and files, the Strathearn
Historical Park and Museum (Simi Adobe) and if warranted, the Ventura
County Assessors Office, for early land ownership records. In addition, local
residents and knowledgeable local historians will be consulted when
appropriate.
LA/S: t 828P002 9
All portions of the property will be walked in transects by a crew of
archaeologists, who will visually examine the groundsurface of the subject
property for evidence of prehistoric and historic archaeological remains.
Transect spacing will depend on vegetation cover, and other field conditions,
but will be adequate in all cases to effectively evaluate the likelihood of the
presence of cultural resources. Particular attention will be paid to local
geomorphological conditions that may suggest the possibility of buried cultural
rernains (sites).
Any discovered cultural resources will be mapped using compass (Brunton)
and chain, and recorded with the UCLA Archaeological Information Center.
Previously recorded prehistoric and historic sites or locales will be revisited
by the survey crew, and mapped and re- recorded in a similar manner.
Surface integrity of all such resources visited during the filed study will be
evaluated for evidence of disturbance or degradation.
Preliminary determinations of site significance will he made against applicable
criteria. Analysis and interpretation will focus on: the nature and type of
cultural resources, if present, within the subject property; the current surface
indications of each resource's respective integrity: an evaluation of the
potential for direct or indirect adverse impacts to cultural resources in light
of existing project plan; and recommendations for further archaeological
evaluation (Phase 11) of cultural resources, if warranted.
e. Land Use, Applicable Plans, and Policies- -This section will focus on the
consistency of the project with applicable plans and projects and the physical
compatibility of the project with surrounding land uses.
The relationship of the specific plan with the Moorpark General Plan will be
discussed as required by Section 65451 (b) of the California Government
Code. The consistency of the project with the goals and policies of each
element of the General Plan will be addressed. In addition, consistency with
the cxistin , in C. l :!. r . :!u , ;!I !,�
A., hart ol' the General H,Ii i %� ill prepare: e\hihits
showing the rcvisiuns to the maps in the Moorpark General Plan
will he prepared at a level of detail to allow incorporation of these contours
into the city's noise contour map as contained in the noise element. A
supplement will be prepared to the Safety Element to the General Plan to
address the project site. Supplemental text will he prepared on the following
topics addressed in the Safety Element: fault displacement, earthquake and
groundshaking, liquefaction, landslide mudslide, flooding, and soils.
Supplemental exhibits will he prepared showing onsite fault displacement
zones, liquefaction zones, landslide /mudslide hazard areas, flood hazard areas,
and areas of expansive soils. A supplement will he prepared to the City's
Open Space, Conservation, and Recreation Element (OSCAR) to reflect
inclusion of the project site in the City. Four exhibits contained in the
OSCAR (Scenic Pathways and Trails, Scenic Viewsheds, Parks and Open
Space, and Mineral Resources) will he revised to reflect the project. Draft
exhibits will be provided in the FIR. After approval of the project by the
LA/S-1820002 10
City Council, the originals of these exhibits will be revised to reflect the
project as approved and provided along with supplemental text describing the
resources on the site.
The land use section will contain a summary of a more detailed examination
of consistency with the city's housing element to be contained in the
Socioeconomic section. A supplement will be prepared to the housing
element to reflect inclusion of the project site in the city.
The relationship of the pro lect to the city's growth management program,
currently implemented through Measure F will be described also. The
background and status of Measure F will be fully described.
Analysis of the project in relation to the existing County of Ventura General
Plan, zoning designations, and the Guidelines for Orderly Development will
also be addressed. These urban form questions will likely be raised in
relation to the proposed amendment to the sphere of influence and annexation
actions. The County General Plan includes a recommendation for a greenbelt
to incaude the project site and county zoning is currently open space and
agriculture. The extent to which the design of the project achieves the urban
form objectives cif a greenbelt when considered with the specific planned land
uses in Simi Valley will he addressed.
Specific analysis of the requested amendment to Sphere of Influence will be
completes including the consistency of the amendment with the policies of the
Ventura Local Agency Formation Commission, as contained in the
Administrative Supplement to Cortese /Knox Government Reorganization Act
of 1985 relating to Amendment of Sphere of Influence, adopted by the
I.AFCO in November, 1992 This supplement has specific criteria and
policies related to requests I'or "Major" (over 10 acres) sphere amendments.
The consistency of the proposed amendment with these policies will he
addressed. Quantitative information on the acres of used and unused land
within the City's current sp}ler c ;+nil inlonnation on the suitahility of this land
(or cievclopnlent kclll lie J)W\i, led h% the CIt� 101 use in this analysis by
MBA.
Other planning, pro-,ranl, to hC 1)1-Wffi Addi-e':secl dill include the SCA(I
Regional Comprehensive flan, , Urrefltl)' under prepai- 3L1011, the Ventura
County Guidelines for Orderlc Development. and the Ventura County
Comprehensive Planning Program.
Existing land uses in the immediate vicinity of the prospect project will be
identified from existing information, available aerial photography, and a field
visit. An existing land use map will be presented in the FIR. The EIR will
evaluate proposed residential and support commercial land uses in relation to
surrounding residential, institutional, industrial, and open space land uses.
These areas include the Campus Hills and Varsity Park residential areas,
Moorpark College, Happy Camp Regional Park, and planned industrial land
uses in Simi Valley in the Alamos Canyon Specific Plan Area. Impacts on
existing and potential future land uses in the project vicinity will be assessed
for both the construction (short -term) and operations (long -term) phases.
LA /5:1820002
Density, interrelationship of uses, and environmental impacts will also be
addressed from a land use impact perspective.
f Aesthetics /Visual Resources - -The aesthetics section will address the following
items:
Visibility of project from designated scenic highways, public traits, and
Public viewpoints
Alteration of' unique landform features including ridgelines defined as
scenic resources in the Moorpark General Plan (Visual Horizon Lines)
Nighttime lighting and glare impacts to Moorpark College observatory
and adjacent open space areas.
MBA will identify the viewsheds that will be affected by the project based on
topography and the locution of sensitive viewpoints. Both long range views
from the Simi Valley freeway, SR 23, Spring Road and Los Angeles Avenue
will he considered along with short range viewpoints from the Campus Hills
and other adjacent residential areas and Happy Camp park. Any views of the
site available from roads or residential areas in Simi Valley will also be
addressed. MBA will perform a reconnaissance to make a preliminary
identification of viewpoints for this analysis for approval by the City's
Community Devclopment Director prior to initiation of the analysis.
Impacts will be assessed in terns of visibility of the project, alteration of the
visual setting, and sensitivity of viewpoints. The change in landform,
vegetative cover, and other visual characteristics will be described based on
visual simulation exhibits. N113A will consult with Moorpark College on the
level of lighting acceptable for operation of the observatory.
MBA will determine the visual resource exhibits to be provided by the project
designer and coordinate preparation of these exhibits. Cross sections from
key viewpoints and renderings of the project on photographic panoramas taken
at gnuund lc\el f ol)l .:1lS11i\e will he included.
g. Agricultural Rescuirces- T11(2 /Agricultural Resources section will address the
characteristics of the existing agricultural uses located on the eastern portion
of' the property. Sonic Of the area currently under cultivation as orchards in
western portion of the specific plan area is designated as Prime Farmland on
the State Important farmland Maps for Ventura County.
MBA will collect information to describe the nature of the existing
agricultural resource. The updated State important Farmland Maps will he
reviewed. Soil characteristics and suitability for agricultural use based on soil
types will be described based on the USDA Soil Conservation Service (SCS)
for Ventura County. The SCS representative for the county will be contacted
to collect any additional information.
The historical and current agricultural use of the property will be described
along with the production characteristics of the agricultural areas. This site
LA /s: t a2atxro2 12
specific information will be compared to countywide characteristics. The
agricultural management companies involved with the agricultural operations
will be contacted to collect site specific information. In addition, contact will
be made with the County Agricultural Commissioner and UC Agricultural
Cooperative representative for the county to collect general information on
county agricultural activities.
h. Air Quality-- Existing regional and local ambient air quality in the vicinity of'
the proposed project for the last 5 years will be described, based on available
monitoring information from the Ventura Air Pollution Control District
(VCAPCD). Micro - meteorological conditions in the vicinity of the proposed
project that could affect air pollutant dispersal or transport will be described,
if needed; however, field monitoring of meteorology and pollutant emissions
is assumed to not he needed.
The impact assessment will look at the effect of both project mobile and
stationary source emissions on air quality attainment planning within the air
basin. All analysis will be performed in conformance with the VCAPCD
Guidelines for the Preparation of Air Quality Impact Analysis. The air
pollutants of most concern in Ventura County are ozone and particulate
matter. Accordingly, the analysis will l la;:e particular emphasis on emissions
of reactive organic compounds (ROC) and oxides of nitrogen (NOX).
Construction emissions resulting from construction equipment, grading
operations and other related aspects of the construction process will be
examined. The VCAPCD does not require the calculation of construction -
related fugitive dust. Construction equipment emissions of ROC and NOx
will be quantified on a pounds- per -day and tons - per - quarter basis.
Construction related emissions of ROC and NOx are not counted towards
significance thresholds because the emissions are temporary. However,
mitigation measures to reduce emissions of fugitive dust, ROC, and NOx will
be recommended.
Air emissions associated with use of the completed proposed project will be
assessed using California rlir Resources Board (CARB) approved models
InclUding the Air Resources Board Model Urbemis 3. Regional air quality
Ilnr;lclC of rhtr rltiltlIK"1l .l
h iin r I..
t� li \tr�i]U.1ry
attainment status of the individual pollutants to determine the significance of
the impact of the project.
Mobile source air quality impacts in the vicinity of the proposed project will
he assessed, using the CALINE4 model, for up to 6 intersections. Local
carbon monoxide impacts will be analyzed for peak traffic under "existing,"
"future—without project," and "future- -with project" conditions. It is,
therefore, assumed that a total of 18 computer runs will be performed. This
analysis will focus on potential impacts to schools and residences in the
adjacent residential areas that could he impacted by emissions from project
vehicular trips.
Stationary source emissions associated with project natural gas and electrical
consumption will be estimated based on available information provided by the
LA/S:I828PW2 13
MICHAEL BRANDMAN TEL :7142505561 Oct 29 93 12:09 No.008 P.02
EPA or local utility providers. 'These emissions will be compared to
VCAPCD daily thresholds. Mitigation measures will be identified to increase
the energy efficiency of the project.
LAM 1828P002
OCT 29 '93 12:10
Conformity with the Ventura County Air Quality Management Plan (AQMP)
will be assessed as required by Section 3 of the VCAPCD Guidelines based
on the relationship of the project to countywide population projections.
Discussion will be held with the VCAPCD, to determine AQMP conformity
requirements to be built into the proposed project.
MBA will actively consult with the VCAPCD to formulate a reasonable and
feasible mitigation program for the project. It is anticipated that this program
will focus on transportation demand measures to reduce the number of vehicle
trips associated with the proposed project. The physical features of the plan
will he evaluated for adequacy of multi -modal use, including pedestrian,
bicycle, and transit. Suggestions for physical improvements to the project to
facilitate all modes of travel will be suggested for inclusion in the project
specific plan. The emissions reduction associated with the implementation of
these measures will be calculated. As required by the VCAPCD guidelines,
calculations will be made to determine the amount of the mitigation fee
required to "buy down" emissions associated with the project to a level
considered less than significant.
Transportation/Circulation - -A comprehensive traffic study will be prepared by
the project traffic engineer, Associated Transportation Engineers, under
contract to MBA. This study will be prepared in conformance with the City
of Moorpark traffic report guidelines. The scope and methodology of the
study is subject to the approval of the city traffic engineer. The ETR will
present a summary of the existing traffic and transportation setting, impacts
of the proposed project and cumulative projects, and mitigation measures, as
contained in this technical study.
The traffic study will include an analysis of the following scenarios: existing
conditions; existing conditions plus project traffic for one intermediate year
(presumably Year 2000); cumulative and cumulative plus project traffic for
one intermediate year (presumably Year 2000) and cumulative and cumulative
plus project traffic for buildout of the project (presumably Year 2010) for all
study intersections. Since the function of the Broadway Road extension has
not been finally determined, the analysis will consider each of the analysis
periods with and without the Broadway Road extension. Pursuant to City of
Moorpark policy, the ICU methodology will be used to assess existing
conditions and project traffic impacts at intersections. As part of the seoping
meeting with Caltrans, a determination of the analysis methodology Caltrans
will accept will he tnade. For other projects, Caltrans has insisted that the
Highway Capacity Manual Operational Method be utilized for their roadway
system.
The Moorpark Traffic Analysis Model will be utilized to develop the trip
assignment for project- generated traffic for ,the intermediate year (Year 2000)
and buildout of the project (Year 2010) scenarios. The City's traffic model
is maintained by Austin -Foust Associates and the project traffic engineer will
provide them with existing traffic volume data for model calibration, as well
as the scenarios and the revised project description and/or circulation system
14
7142505561 PAGE.002
alternates so that they can perform the required model runs. Based on the
deficiency analysis, roadway and intersection improvements to provide
acceptable LOS will be identified. The interim period analysis will quantify
the portions of the project that can be accommodated by the circulation system
proposed for that period. The project's contribution or share of traffic will
be identified where improvements are needed.
Preparation of the project traffic study will include the fallowing tasks:
Inventory regional, sub regional and local transportation facilities within
the area
2. Conduct machine traffic counts to determine existing average daily
traffic volumes at critical locations where current data is not available.
The opening of the SR I I8 /SR 23 connection may also require new
counts at critical roadway locations. New counts at up to 25 locations
are provided for in this scope and budget. The locations to be counted
will be submitted to the City Engineer and Director of Community
Development for review and approval before any counts are made.
3. Conduct A.M. and P.M. peak hour turning movement counts at
locations where current data is not available or will be obsolete. As
discussed above, the opening of the SR 118 /SR 23 connection will
require new counts at the majority of the intersections located around
the study area. Based on our initial review we recommend that the
following 21 locations within the city be included in the analysis:
► Campus Park Drive /Princeton Avenue
► Campus Park Drive /Collins Drive
► Campus Park Drive /Delfen Street
V. Campus Park Drive /Campus Road
► Los Angeles Avenue /SR 118 WB Ramps
N. Los Angeles Avenue'SR 118 E.B Ramps
► Los Angeles Avenue'Condor Drive
► Collins Driv,• SR 1 18 WB Ramps
► Collins Drlvc.:SR 118 1:13 Ramps
► Colhw, Dr ivy. SR 18 LB Ramps
► Los Angeles Avenue; Princeton Avenue
► High Street iMoorpark Avenue
► High Street /Spring Road
► Moorpark Avenue; Poindexter Avenue
► Los Angeles Avenue /Tierra Rejada Road
► Los Angeles Avenue /Moorpark Avenue
► Los Angeles Avenue.'Spring Road
► Tierra Rejada Road /Spring Road
► Tierra Rejada Road /Moorpark Road
► "Tierra Rejada Road /SR 23 SB Ramps
► "Tierra Rejada Road /SR 23 NB Ramps
This preliminary recommendation on intersections to be studied within
the City is subject to the review and approval of the City Engineer and
L,vs:1828P002 15
the City's traffic model consultant. Additional intersections within the
jurisdiction of the County of Ventura and /or the City of Simi Valley
may also need to be studied. The need to study intersections in other
jurisdictions will be determined during the scoping process. To provide
flexibility in the scope of the traffic study, analysis of up to 25
intersections is provided for in this scope and budget. Additional
intersections could be analyzed with an allocation of funds from the
project contingency budget. This allocation would be subject to the
approval of the City_
4. Identify areas experiencing existing transportation deficiencies based on
the roadway network inventory and the daily and peak hour traffic
volumes. Existing intersection operations will be based on the ICU
method recommended by the City. For Caltrans locations the Highway
Capacity Manual Operations method may be required.
5. Participate in team evaluation of concept plans to brainstorm and /or
identify obvious areas of concern. Review initial conceptual plans and
provide comments and suggestions.
6. Review trip generation rates and assumptions used in the City's traffic
model. Discuss such assumptions with Austin -Foust as to their affect
on the model runs. In concert with the City of Moorpark and Austin -
Foust, make changes as necessary to the rates and assumptions.
7. Using model output data, forecast interim (Year 2000) roadway and
intersection operations and identify deficiencies. LOS C is required,
according to City of Moorpark policy. The interim analysis will
assume the roadway network and land use assumptions recommended
by City staff and /or Austin -Foust Associates. Project phases for the
interim period will be provided by Michael Brandman Associates.
8. Recommend improvements and?or project modifications to mitigate
impacts to roadways and intersections within the study area under
interim conditions. Mitigation measures will be recommended to
reduce project impacts to it level of insignificance (return operations to
LOS C or to pre project ; onditions). The effectiveness of TDNA
measures, such as satellite work centers, will he reviewed and
recommended as mitigation measures, as appropriate.
9. Using model output data, forecast buildout (Year 2010) roadway and
intersection operations and identity deficiencies. The buildout analysis
will assume the roadway network and land use assumptions
recommended by City staft and/or Austin -Foust Associates.
10. Recommend improvements and /or identify programs that will mitigate
impacts to roadways and intersections within the study area under
buildout conditions. Mitigation measures will be recommended to
reduce project impacts to a level of insignificance (return operations to
LOS C or to pre- project conditions). The effectiveness of TDM
LA /S:1828P002 16
measures, such as satellite work centers, will be reviewed and
recommended as mitigation measures, as appropriate.
11. Recommend and /or comment on the sufficiency of bicycle, pedestrian
and transit facilities within the specific plan area.
12. Determine potential impacts to the County's CMP system. Recommend
improvement measures where necessary.
j. Socioeconomic - -A summary of existing and projected population,
employment, and housing figures will be presented, based on available data
including 1990 census data and information available from the Ventura
County Comprehensive Planning Program. The existing socioeconomic
attributes of the planning area will be addressed including population
characteristics, housing characteristics, and the jobs /housing ratio. This
information will be presented concisely in text, tables, and graphics.
The EIR will describe the anticipated direct and secondary population,
employment and housing effects that would result from buildout of the
specific plan. These projections will be evaluated for consistency with
census data and the 2010 countywide population projections prepared by the
Ventura Council of Governments (VCOG) for Ventura County subregions
(growth and non - growth areas) and SCAG Regional Statistical Areas.
SCAG has job /housing balance targets for each of the 24 planning subregions
defined by SLAG. The impact of the project on meeting the job /housing
target ratio for the subregion will he discussed.
Consistency with the goals and programs in the City's housing element will
be addressed. The provision of affordable housing in relation to the City's
regional housing allocation (RHNA) goals as established by SCAG and the
quantitative goals contained in the housing element will be addressed.
k. Noise -- The noise analysis will focus on potential impacts to noise sensitive
land uses around the project site, particularly the residential areas located
adjacent to the site. Sample nwasuienlents of ambient noise will he taken by
MBA acoustical specr 1., J\llu icm existing nm,, <: cnvlronmems. Noise
levels will he recorded at up to 8 locations along roadways in the adjacent
residential neighborhoods, using a Larson Davis Model 800 Type I Sound
Level Monitor. Based on the increase in trips resulting from the project,
MBA will preliminarily identify those locations that will be most impacted by
increases in roadway noise for study. These locations will be submitted to the
Community Development Director for review and approval. At the discretion
of the Community Development Director, other locations may be substituted
for those recommended by MBA, as long as the total number does not
exceed 8.
Impacts on adjacent noise- sensitive land uses caused by noise generated by
stationary and mobile construction equipment will he determined. The
Federal Highway Traffic Noise Prediction Model will he used, as modified,
to provide Community Noise Equivalent level (CNEL) contours on roadways
LA /S:1828P002 17
within the project and offsite roadways identified as having significant changes
in traffic volumes caused by the proposed project. This CNEL contour
information will be provided for the following scenarios: existing traffic,
existing conditions plus the project, year 2010 traffic conditions, and year
2010 traffic conditions plus the project. CNEL noise contours will be used
to determine land use compatibility according to City of Moorpark criteria.
A noise contour map will be provided.
Potential impacts from stationary source noise sources associated with the
commercial and institutional uses proposed will also be analyzed to determine
land use compatibility. Based on the location and type of equipment and uses
associated with these areas, an estimate of noise levels at the nearest noise
sensitive land uses will be made.
Mitigation measures designed to reduce impacts to acceptable noise levels will
he determined, where necessary. Evaluation of potential mitigation measures
and discussion of their effectiveness will be provided.
Public Services, Facilities, and Utilities- -MBA staff will coordinate with
affected public service and utility purveyors to assess potential impacts of the
proposed project.
The following services, facilities, and utility systems will be analyzed:
• Electricity
• Fire Protection (including wildfire hazards)
• Natural Gas
• Police Protection
• Water Supply
• Schools
• Library
• Sewer /Wastewater
• Parks /Recreation
• Solid Waste Disposai
• Public Facilities
• General Government Seiviccs
Letters describing the proposed project will be sent to all service and utility
agencies. Answers will be requested, as appropriate, to document existing
and planned facilities' current and planned usages, and excess capacities. The
additional capacity required to meet projected needs will be described. The
specific methods used to determine available capacity, calculate projected
needs, and determine impacts shall be described in the EIR. Telephone
contact and meetings with key agencies will also he conducted to gather the
necessary information. Anticipated impacts will he assessed, and appropriate
Mitigation measures will he recommended.
k. Fiscal Impacts - -MBA will review and summarize the findings of the project
fiscal impact study. This summary will discuss the projections of recurring
costs and revenues to the city that will result from the project and the
methodology used to produce these projections. It is MBA's understanding
LA/s:1828P002 18
that the fiscal impact study will be reviewed by the City of Moorpark, or
another consultant under direction of the city for technical accuracy and
completeness. This study will need to be provided to MBA 2 weeks prior to
submission of the screencheck administrative draft EIR.
6. Pursuant to Section 15126(8) of the State CEQA Guidelines, any potential growth -
inducing impacts of the proposed project will be identified and described. Potential
sources of growth inducement and their corresponding impacts, such as removal of
obstacles to growth, major new employment generation, or major economic
influences, will be qualitatively analwed, to the extent that they are applicable.
7. The alternatives section will be prepared to meet the objectives of the CEQA
Guidelines by addressing a reasonable range of alternatives to the project as
proposed. Written approval from the Community Development Director of the
alternatives to be analyzed in the draft EIR will be obtained by MBA prior to the
initiation of work on the alternatives section. This approval shall be given after
review of the alternatives by the City Council. After considering the project and
discretionary actions proposed, MBA suggests the following alternatives for
consideration by the City. (I) the no- prOject alternative; (2) a low density alternative
(approximately 2,400 units), (3) a mid -range density alternative (2,400 to 3,200
units), (4) an alternative; circulation plan, (5) an alternative sphere of influence or
land use plan (if requested by LAFCO in response to the NOP or scoping meeting),
and (6) development of' the site under county residential zoning. This proposal
assumes the project designer will prepare schematic land use plans for the applicable
alternatives. This scope of work and the associated budget allow for analysis of up
to 6 alternatives. Additional land use or circulation alternatives that become
apparent during the environmental review process can be analyzed with written
authorization from the City and at additional cost.
Full comparative analysis of two major land use alternatives and qualitative analysis
of the other alternatives will be provided. Each alternative will be evaluated with
respect to each key impact category reviewed for the proposed project. As required
by the State CEQA Guidelines, the advantages and disadvantages of each alternative
and the reasons for rejecting or recommending it will be provided. The
environmentally superior alternative will be identified. 11 the environmentally
superior alternative is the no- project alternative the EIR will also identify an
environmentally superior alternative among the other alternatives. A summary of
the alternatives and their associated impacts will be provided in the EIR summary.
During the course of environmental analysis and project review, additional land use
alternatives may become apparent and warrant evaluation, these variations will be
evaluated and documented, subject to receipt of written authorization from the City
and at additional cost.
8. Significant unavoidable adverse impacts will be identified in a separate section of the
EIR in conformance with the State CEQA Guidelines, Section 15126(b). Included
in the discussion will be any impacts that can be partially mitigated, but not to a
level that is less than significant. Any mitigation measures considered, but
eliminated from suggestion because of new impacts that would be associated with
their implementation, will also he discussed.
LA /S: t a28POO2 19
9. The EiR will also include all other sections mandated by CEQA or City of
Moorpark environmental guidelines as follows:
a. Table of Contents.
b. Irreversible and Irretrievable Commitment of Resources.
C. Relationship Between Short Term llses of Man's Environment and
Maintenance and Enhancement of Long - "berm Productivity.
d Effects Found Not to Be Significant.
e. List of Organizations and Persons Consulted.
f. Preparers of the Environmental Document
g. References.
h. Appendices (including but not limited to copies of the technical studies, Initial
Study, NOP response letters, correspondence with utility and service
providers and Mitigation Monitoring Program).
Products: I. Two (2) copies of the initial administrative draft EIR.
Task D: Preparation and Distribution of the Draft EiR
Approach: 1. MBA will revise the draft in response to comments from the city. This scope of
work allows for two revisions to the document in response to comments from the
city (one review by the Community Development Staff and one review by other City
departments, including but not limited to the City Attorney and Public Works
Department). The Community Development Department will compile all comments
from City departments into a single set of comments. The scope also allows for
minor revisions after a final revie%k by the community development staff prior to
printing (no new comments will be provided with this review).
2. MBA will complete the Notice of Completion form and deliver 10 copies of the EIR
to the State Clearinghouse and 3 copie,., to the regional clearinghouse (SLAG).
Copies will be sent by certified mail to each federal, responsible and trustee agency.
Copies will lie mailed by MBA to all other parties on the City - approved distribution
list.
Products: 1. Six (G) copies of the administrative draft EIR revised in response to the first review
by the Community Development staff.
2. Two (2) copies of the draft EIR revised in response to comments from the other City
departments for review prior to printing.
3. 100 copies of the complete draft FIR, distributed as described above.
4. Notice of Completion
LA /S:1 828PW2 20
5. One (1) unbound reproducible original of the draft EIR.
Task E• Screencheck Final EIR and Response to Draft EIR Comments
Approach: 1. MBA will prepare a final EIR for the project in conformance with the requirements
of Section 15232 of the CEQA Guidelines. The final EIR will consist of:
a Revisions to the draft EIR.
b. Comment letters on the draft FIR and summaries of the comments made on
the draft EIR at public hearings.
C. A list of the persons, organizations, and public agencies commenting on the
draft EIR.
d. Responses to the comments.
MBA will review all written comments received and all oral comments made at
public hearings with city staff to develop the general framework for the responses
and prepare a draft of the responses to comments and final EIR for review by city
staff. MBA will prepare summaries of the comments made at the public hearings
on the draft EIR.
Revisions will be made to the text of the draft EIR as required to make corrections
and additions in response to comments. These additions and corrections will be
identified through the use of bold or italicized type or other method to be approved
by the Community Development Department.
The comment letters and responses to comments will be provided in an appendix to
the Final EIR. Each comment letter will be followed by the response to that letter.
The letters and responses will be grouped for ease of reference into the following
categories: Federal Agencies, State Agencies, Regional Agencies, Local Agencies,
Private Organizations, and Individuals. The public hearing summaries and responses
will be also be grouped together.
Responses that are within the scolr,,: of k�oi k and budget provided for consist of
explanations, elahoratinns, m clarifi:atir ns (if the data contained in the draft EIR.
Provision of ne,.k anal`sis on issu:s. alternatives, ur substantial project changes is
not provided for.
Product~: 1. Six (6) copies ref the screencheck final FIR.
Task F: Preparation and Distribution of Final EIR
Approach: I. MBA will revise the Final EIR in response to comments from city staff and
distribute the final EIR to all public agencies commenting on the EIR. One revision
in response to comments is provided for in the scope of' work and budget.
Products: 1. 100 copies of the final EIR, consisting of the revised draft EIR text with an
appendix containing the response to comments.
LA/s: r a28PW2 21
Distribution by regular mail of up to 50 copies to parties commenting on the draft
EIR.
2. One (1) unbound reproducible copy of the final EiR.
Task G: Attendance at Public Meetings and Hearings
Approach: 1. The MBA project manager will attend the two public workshops planned for the
project. The MBA principal -in- charge and project manager will attend up to eight
public hearings held by the planning commission and /or city council. Additional
public meetings or hearings will be attended upon receipt of written authorization
by the City at a cost of $120/hour for the project manager and $1351hour for the
principal -in- charge for hearing attendance and travel time.
Products: 1. Attendance at two (2) public workshops by the project manager and up to eight (8)
public hearings by the principal -in- charge and project manager.
Task H: Prepare Mitigation Monitoring Program
Approach: 1. MBA will prepare a draft MMP concurrently with the preparation of the draft EIR
and attached as an appendix to the draft EIR. The MMP will be designed to ensure
compliance with adopted mitigation requirements during project implementation.
In coordination with City of Moorpark staff, MBA will prepare the MMP for
mitigation measures that address significant impacts or are adopted as conditions of
approval.
The program will be designed to fit into the City of Moorpark's existing entitlement
and project review process. The MNIP is proposed to include the following
components: Introduction and Purpose of the Program, Roles and Responsibilities,
Monitoring and Reporting Procedures, and Master Mitigation Matrix. MBA will
coordinate with City of Moorpark staff to refine MMP content and format, prior to
preparing the draft MMP.
The draft MMP will be revised as part of the preparation of the final EIR as
required to respond to change. in mitigation measures fur the project. A final MMP
will he prepared after approval of the project hy Cite Council to reflect any changes
to mitigation measures made by the coon.: I.
Products: I. Draft b1N9P, distributed with the draft Elk.
2. Revised Draft MMP. distributed with the final EIR.
3. Final MMP, prepared after approval of the project by the City Council.
4. One (I) reproducible copy of the final MMP.
Task 1: Written Findings Required by Sections 15091 and 15093 of the State CEOA Guidelines
Approach: 1. MBA will prepare draft findings for each significant effect identified in the EIR and
prepare a Statement of' Overriding Considerations, if unavoidahte significant impacts
occur, pursuant to Sections 15091 and 15093 of the State CEQA Guidelines. As
LA/s: t 828P002 22
MICHAEL BRANDMAN TEL :7142505561 Oct 29 93 10:26 No.006 P.05
ih 1
required by the State CFQA Ouidelines, one of three findings must be made for
each significant effect and must be supported by substantial evidence in the record.
MBA project team leaders will consult with the Community Development
Department to review draft findings and to finalize them. The Community
Development Department will submit the findings for review by the City Attorney
and transmit the City Attornoy's comments to MBA. The final Section 15091
findings and the Statement of Overriding Considerations will be submitted to the
City of Moorpark for adoption.
Five (5) copies of the draft findings and Statement of Overriding Considerations.
One (1) finalized, reproducible copy of the Findings and Statement of Overriding
Considerations.
Task J; Preparation of Notice of Determination
Approach: 1. MHA will prepare the Notice of Determination (NOD) for the project within one day
of approval of the project by the City of Moorpark. The NOD will he submitted to
the city for filing.
Products: 1. One (1) copy of the NOD.
Task K: Project Mxnx><ement, General Coordination, and Meetings
Approach: 1. MBA will manage the CEQA compliance program for the project and the EIR
preparation effort by maintaining close communication with City staff and the EIR
project team to ensure compliance with the scope of work, schedule, and budget.
The MBA project leaders will communicate, as necessary, with project team
members and city staff to coordinate the team's work and provide management
liaison between the project team and the City of Moorpark for communication of
issues, transmittal of comments, financial management, and other project
management matters.
The scope of work allows for up to eight (8) project meetings by the project
manager and four (4) meetings by the principal -in- charge. There is no limit on the
amount of telephone communication. MBA will maintain a weekly telephone log
of telephone contacts made related to the project. This log will be available for
review by the City. MBA will notify the City of any planned contact with the
applicant or members of the applicant's planning team. Any meetings to be held
with the applicant or members of the applicant's planning team will be held at the
city hall in Moorpark, if desired by the City.
Products: 1. Attendance at up to eight (8) project meetings by the project manager and four
meetings by the principal -in- charge. Telephone communication as necessary.
Task L: Preparation of Staff RepQrS;i
Approach: 1. MBA will prepare staff reports to the Moorpark Planning Commission and City
Council on the, actions related to the Specific Plan and EIR. These staff reports will
follow the standard format and content requirements of City of Moorpark
LA /S A RUPM 23
OCT 29 '93 10:28 onr= MM_
MICHAEL BRANDMAN TEL:7142505561 Oct 29 93 10:27 No.006 P.06
Community Development staff reports. Draft reports will be prepared for review and
approval of the Community Development Director. Revisions will be made as
necessary and the reports will be finalized. It is anticipated that these reports will
he prepared to accompany the draft and final EIR and draft and final specific plans
to the Planning Commission and City Council, Additional staff reports will likely
be required due to continuances and requests for additional information from both
decision making bodies. Accordingly, this scope provides for the preparation of up
to eight staff reports.
Pr • 1. Preparation of up to eight (8) draft staff reports to the Planning Commission and
City Council for review by the Community Development Director.
2. Final staff reports revised in response to comments from the Community
Development Director. One (1) reproducible copy and one (1) copy on a computer
disk will be provided to the City.
LA /S;1828P002
There is no limit on the amount of telephone communication needed to manage the
project. MBA will maintain a weekly log of telephone contacts, which will be
available for review by the city. MBA will notify the city of any planned contact
with the applicant or members of the applicant's planning team. Any meetings with
the applicant will be held at the City Hall in Moorpark, if requested by the city.
24
OCT 29 '93 10 :28 71n 'DcZr�-C--cI or,rr: ��
i'l i LHHLL i_iKHIVLINHN ILL : I l
SPECIFIC PLAN 8
PRICE PROPOSAL
Tl1e price proposal presented below is based on the methodologies and assumptions contained in the
scope of services. At the requost of the City of Moorpark, a contingency has been included to allow
for adjustments to the scope of services in response to new conditions.
jal:1921rfMol.lee
OCT 28 193 09:00 71425105561 PAGE. 00:
Professional
Tmk
ibm
hs
Task A - Review of Concept Plan
54
$4,800
Task B - Scoping Process
Public Agency Scoping Meetings
70
$6,700
Preparation of Initial Study
57
4,000
Prepare Notice of Preparation
24
1,300
Review NOP Responses
-24
2"
Subtotal Task B
1/5
$14,400
Task C - Preparation of Sercencheck EIR
Project Description
40
$ 2,400
Environmental Setting
8
480
Earth Resources
30
1,800
Water Resources
80
4,800
Biological Resources
116
8,500
Cultural Resources
24
1,440
Land Use
140
8,400
Aesthetics
60
3,600
Agricultural Resources
, o
3,(X)O
Air Quality
S()
5,400
Transportation
40
2,400
Socioeconomics
60
3,600
Noise
50
3,300
Public Services /Utilitic-s
60
3,600
Growth Industry Impacts
24
1,440
Alternatives
120
2,200
CEQA Sections
20
1,320
Project Manager Direction
48
4,800
Principal Review
-A1
3,920
Subtotal Task C
1,070
$69,400
jal:1921rfMol.lee
OCT 28 193 09:00 71425105561 PAGE. 00:
I''i i I tll +LL dK -1NLI N H1, 1 L- : , 1 4z JU` -Jt-, i
Task D - Preparation and Distribution of
Draft EIR (allows for 2 revisions
and 1 correction)
Subtotal Task D
188
Task E - Screencheck Final EIR and
Response to Comments
Subtotal Task E
260
Task F - Prepare Final EIR
Subtotal Task F
64
Task G - Public Meeting Attendance
Subtotal Tank G
48
Task H - Prepare Mitigation Monitoring Program
Subtotal Task H
50
Task I - Prepare Findings
Subtotal Task I
72
Task I - Prepare Notice of Detertnination
Subtotal Task J
4
Task K - Project Management, General Coordination.
and Meetings
Meeting Attendance
36
Project Management & Coordination
12.9
Subtotal Task K
156
jal:1828TMOLlee 2
12t, mac: `a:. `.+ : OG IJO . CO2 P . CI
$12,200
$ l 8,800
$4,500
$6,100
$3,600
$5,300
S gal
• 111
. 111
•:1
OCT 28 '93 09 :01 7142505561 PAr_,E.003
11l_HItLL dKHN�!MH' 1LL :r'1425055r.1
I' =t �'r; y OU N0 .:02 P.04
Task L - Preparation of Staff Reports
Subtotal Task L 62 $ 4,200
Report Preparation and Support
Word Processing 220 $12,100
Editing 100 51500
Graphics 170 9,400
Clerical 140 7.740
Subtotal Preparation & Support 630 $34,700
Total MBA Labor $195,000
WELIS
Tree Count (MBA)' $ 6,800
Wildlife Movement Study (MBA) 12,800
Geology Study (Leighton & Assoc.) 9,500
Cultural Resources Study (W &S Consultants) 17,000
Traffic Study 47.5(10
Subtotal $93,600
10% Subconsultant Fee 7.400
Too Technical Studies $101,000
Report Reprcxluction $17,000
Photo Reproduction 1,500
Deliver/Postage 800
Trnvof 1.249
Total Direct Costs $20,500
TOTAL COST $316,500
CONTINGENCY (10 Percent) 31.650
TOTAL PRICE WIT11 CONTINGENCY $348,150
1 The cost for a full tree survey for up to 500 trees is $13,600. For each additional interval of
50 trees, the additional cost is $1,200.
Jai: nKI'Mot.rer 3
OCT 28 193 09 :01 7142505561 PAGF.0014
SPECIFIC PLAN 8
ENVIRONMENTAL IMPACT REPORT
PRELIMINARY SCHEDULE
October 27, 1993
Work Product/Milestone
Contract Signed
Review Concept Plan
Scoping Process
Submit Administrative Draft EIR for
Comm. Dev. Staff Review
Receive staff comments
(allows two week review)
Submit second Administrative Draft EIR
Receive comments
(allows three week review)
Submit draft EIR for final review
Release draft EIR
End of 45 -day public review period
�5uhniit wicciicheck linai EIR Im
Community Development staff rcv1CW
Receive staff comments
(allows three week review)
Submit second Screencheck Final EIR
Receive comments
(allows one week review)
Submit final EIR for public release
Atu./ial:1828000 t .sch
Estimated Completion Date
November 5, 1993
November 19, 1993
December 15, 1993
February 1, 1994
February 15, 1994
February 22, 1994
March 15, 1994
March 22, 1994
April 1, 1994
May 15, 1994
June 15. 1994
July 8, 1994
July 15, 1994
July 22, 1994
July 29, 1994
Exhibit "2"
PAYMENT TERMS FOR ALL CITY AND CITY CONSULTANT WORK
RELATED TO PREPARATION OF
ENVIRONMENTAL IMPACT REPORT FOR
SPECIFIC PLAN NO. 8 PROJECT
Payment terms for costs described in Sections I and II of this
Agreement shall be as follows:
1. Initial Deposit for City Staff Costs - Upon joint
execution of this Agreement, HCRP shall make an
environmental impact report (EIR) deposit of $3,322.00
into the Specific Plan No. 8 Project trust account to be
used in addition to other entitlement fee deposits for
disbursement to defray Community Development Department
and City Engineer staff costs incurred in the course of
administering and processing the EIR, specific plan, and
other related entitlements for the Specific Plan No. 8
Project. City will receive from HCRP one hundred percent
(100 %) of City staff costs related to the processing of
the EIR, specific plan, and other related entitlements
requested by HCRP for the Specific Plan No. 8 project.
City will inform HCRP of additional costs anticipated for
90 days when 80% of the total Specific Plan No. 8 Project
deposit has been expended, and HCRP shall then make a
supplemental deposit based on the City's 90 -day estimate.
In no case shall the amount on deposit with the City to
pay for City staff costs be less than $7,000.00, to allow
for payment of City staff costs in the case of
termination of the contract by HCRP.
2. Initial Deposit for MBA Contract - Upon joint execution
of this Agreement, HCRP shall make a deposit of
$35,000.00 into the Specific Plan No. 8 Project trust
fund account for the EIR to be used for full or partial
payment of the tasks outlined in the MBA Agreement
(Exhibit "1 ") and other City consultant costs related to
the EIR.
3. Monthly Billing - City shall invoice HCRP by the tenth
(10th) of each month, based upon City consultant costs
incurred for the Specific Plan No. 8 Project during the
preceding month, plus any unpaid amount from the previous
month, as evidenced by supporting invoices from MBA, the
City Attorney, and any other consultants under direct
contract to the City. Consistent with the City's adopted
Schedule of Land Development Preliminary Processing Fee
Deposits, contract Planning staff shall be billed at cost
dst- 10- 18- 93/ 6:OOPMC:\WP51\SP- 8\CTR- RCRP.EIR
plus fifteen percent (15 %). HCRP shall be required to
submit payment for City consultant and administrative
costs and provide sufficient additional deposit to bring
the balance of the Specific Plan No. 8 trust fund account
for the EIR back up to $35,000.00.
4. Payment by HCRP to City - Payment by HCRP to the City
shall be made within thirty (30) days of receipt of
invoice, except for those which are contested or
questioned and returned by HCRP with written explanation
within ten (10) days of receipt of invoice. City shall
provide to HCRP a written response to any invoice
contested or questioned. Failure of HCRP to pay in a
timely manner may result in the suspension of work on the
preparation and processing of the Specific Plan No. 8
project and environmental impact report; provided,
however, no suspension of work shall occur until City
provides HCRP with at least (10) days written notice of
the fact that payment has not been received by City and
allowing HCRP an opportunity to make payment within said
time period.
City, however, is not obligated
time the amount of money in the
below $35,000.00.
dst- 10- 28- 9316:OOPMC:\WP51\SP- 8\CTR- RCRP.EIR
to continue working if at any
project trust account falls