HomeMy WebLinkAboutAGENDA REPORT 1995 0802 CC REG ITEM 11DTO:
FROM:
DATE:
A G E N D A R E P O R T
C I T Y OF M O O R P A R K
The Honorable City Council
W. 6 115
STEM 11.x.
MOORPARK, CAUFORNA
City C II Meeting
of 2- 1995
ACTION: - `
Jaime Aguilera, Director of Community Developm
Deborah S. Traffenstedt, Senior Planner 5p5'-
July 26, 1995 (CC Meeting of 8 -2 -95)
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT BETWEEN THE CITY AND
MORRISON- FOUNTAINWOOD- AGOURA AND A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY AND EDAW, INC., FOR
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) AND
SPECIFIC PLAN, AND PROVISION OF RELATED SERVICES, FOR THE
SPECIFIC PLAN NO. 2 PROJECT
On February 2, 1995, a pre - application was filed for the Specific
Plan No. 2 project. Morrison Ventures and Fountainwood- Agoura
(also known as JBR Development Company) have formed a general
partnership, Morrison - Fountainwood- Agoura (MFA), and the formal
application for the Specific Plan No. 2 Project will be filed by
MFA. The formal application for a specific plan, General Plan
amendment, and zone change is expected to be submitted in
conjunction with joint execution of an Agreement with MFA for the
City to hire a consultant to prepare both an EIR and specific plan.
The applicant has selected EDAW, Inc., from the City's list of
qualified consultants and has requested that the City directly hire
EDAW to prepare the EIR and specific plan and provide related
services. The Community Development Committee on July 11, 1995,
discussed the applicant's recommended approach, and requested that
staff schedule City Council consideration of the necessary
agreements, with formal determination of the project alternatives
to occur following receipt of the Draft EIR Notice of Preparation
comments from responsible and trustee agencies.
DISCUSSION
Attached to this staff report is a draft Agreement between the City
and MFA, and a draft Professional Services Agreement between the
City and EDAW. A preliminary Scope of Work is included as Exhibit
"A" to the EDAW Professional Services Agreement, and identifies the
total cost of $228,856 (including a labor contingency amount of
$18,328) for the work to be completed by EDAW and its consultants.
0um:jy
The Honorable City Council
July 26, 1995
Page 2
The Scope of Work details the basic framework of the EIR, including
issues to be analyzed, required technical studies, number of
alternatives to be analyzed, and costs. The Scope of Work also
identifies all work tasks to be performed by EDAW for preparation
of a specific plan and related staff work. Work products to be
provided by the applicant are also specified. Preparation of a
traffic study for the Project is not included in EDAW's Scope of
Work, because the intent is for Austin - Foust, Inc., to prepare a
traffic study under direct contract to the City. A separate
Agreement with the applicant and a Professional Services Agreement
with Austin -Foust will be prepared and scheduled as a consent item
on a subsequent City Council agenda.
The Scope of Work details numerous opportunities for applicant,
City, and public input in conjunction with preparation of the EIR
and specific plan. Consistent with the City's usual procedure, the
Scope of Work also identifies that the City Council will have the
opportunity to review and approve the actual alternatives to be
analyzed in the EIR at a meeting following the Draft EIR Notice of
Preparation comment period. Staff's intent is schedule a joint
City Council /Planning Commission meeting for consideration of EIR
alternatives. Any required adjustments to the Scope of Work could
also be discussed and authorized by the City Council at the
proposed joint meeting.
STAFF RECOMMENDATION
1. Authorize the City Manager to sign the Agreement between the
City and Morrison - Fountainwood- Agoura for Preparation of an
EIR and Specific Plan, and Provision of Related Services, for
the Specific Plan No. 2 Project, subject to final language
approval by the City Attorney and City Manager.
2. Authorize the City Manager to sign the Professional Services
Agreement between the City and EDAW, Inc., for Preparation of
an EIR and Specific Plan, and Provision of Related Services,
for the Specific Plan No. 2 Project, subject to final language
approval by the City Attorney and City Manager.
3. Authorize staff to schedule a joint City Council /Planning
Commission meeting for the Specific Plan No. 2 Project,
following receipt of Draft EIR Notice of Preparation comments.
Attachments:
1. Agreement between the City and MFA
2. Professional Services Agreement between the City and EDAW,
Inc. (includes Exhibit "A ", Scope of Work)
000100
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MORRISON- FOUNTAINWOOD- AGOURA FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT AND SPECIFIC PLAN, AND
PROVISION OF RELATED SERVICES FOR THE SPECIFIC PLAN
NO. 2 PROJECT
THIS AGREEMENT, made and entered into this day of
, 1995, by and between the CITY OF MOORPARK ( "City "), a
municipal corporation located in the County of Ventura, State of
California, and Morrison - Fountainwood- Agoura ( "MFA "), a California
general partnership.
W I T N E S S E T H
WHEREAS, MFA duly has the right to file an entitlement
application for properties owned by Fountainwood- Agoura in the City
of Moorpark, and those properties are identified as located within
Specific Plan Area No. 2 on the City's General Plan land use map,
and are further identified as Assessor's Parcel Nos. 500 - 240 -035,
500 - 270 -075, 500 - 270 -085, 500 - 270 -195, 500 - 270 -205, 512 - 160 -125,
512 - 160 -525, 512 - 160 -545, 512 - 160 -555, and 512 - 160 -705, and
WHEREAS, on February 2, 1995, MFA submitted a pre - application
(PA -95 -3) to the City for a Specific Plan, hereinafter referred to
as the "Specific Plan No. 2 Project "; and
WHEREAS, upon execution of this Agreement by City and MFA, the
City intends to execute a Professional Services Agreement between
EDAW, Inc., ("EDAW") and the City for preparation of the
environmental impact report and specific plan, and provision of
related services for the Specific Plan No. 2 Project, and a copy of
the Professional Services Agreement is attached hereto and
incorporated herein as Exhibit "1 and
WHEREAS, upon joint execution of this Agreement, MFA shall be
responsible for payment of all necessary and proper costs incurred
by the City in regard to administering, preparing, reviewing, and
processing the environmental impact report, specific plan, and any
related entitlements, for the Specific Plan No. 2 Project, in
accordance with the terms set forth in this Agreement and the
Professional Services Agreement.
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises contained herein, the parties agree as
follows:
DST 7- 26- 95:SP2- XFFFA.AGR 1
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I. PAYMENT TERMS FOR EDAW PROFESSIONAL SERVICES AGREEMENT
MFA shall pay to the City all costs incurred by the City in
strict accordance with the EDAW Professional Services
Agreement; provided; however, that such costs shall not exceed
$228,856 for the EDAW Scope of Work, without the prior written
agreement of MFA and the City Manager of the changes in the
Scope of Work that result in the increase of said cost.
Payment by MFA to the City for the EDAW Professional Services
Agreement shall be in accordance with the following terms.
A. Deposits for EDAW Professional Services Agreement - The
City and MFA herein agree that payment by MFA to the City
for the EDAW Professional Services Agreement shall be
accomplished with four deposit payments. Upon joint
execution of this Agreement, MFA shall make an initial
deposit payment to the City of $57,500, to establish a
Specific Plan No. 2 Project trust fund account, to be
used by City for full or partial payment of the tasks
outlined in the EDAW Professional Services Agreement.
Payment to EDAW by the City shall be made in accordance
with Article VI, Paragraph R, of the EDAW Professional
Services Agreement. The City shall request that MFA pay
a second and third deposit, each totaling $57,500, at the
time such deposits are required to maintain a minimum
balance of $10,000 in the Project trust fund account for
payment of EDAW invoices. The amount of the fourth
deposit to be requested by City, and paid by MFA, shall
be based on the remaining EDAW work task costs, in
accordance with the EDAW Professional Services Agreement.
B. City Invoices - Consistent with the deposit requirements
identified in Paragraph A of this Article, City shall
send three, separate, invoices to MFA requesting payment
of the required deposits for the EDAW Professional
Services Agreement. A copy of the EDAW invoices paid by
City shall accompany each City invoice, as verification
of the need for an additional deposit. Each City invoice
shall also identify the total City administrative fee for
the EDAW invoices paid by the City. The City
administrative fee shall equal fifteen percent (15 %) of
the total amount paid for each EDAW invoice, consistent
with the City's adopted Schedule of Land Development
Preliminary Processing Fee Deposits. The City
administrative fee shall be deducted from the Project
trust fund account in conjunction with the payment of
each EDAW invoice.
C. Payment by MFA to City - Payment by MFA to the City shall
be made within thirty (30) days of receipt, by either
facsimile or mail, of a City invoice, except for those
invoices which are contested or questioned by MFA and
DST 7- 26- 95tSP2 NPA.AGR 2
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returned to the City with written explanation within ten
(10) days of receipt of invoice. City shall provide to
MFA a written response to any invoice contested or
questioned. Failure of MFA to pay within thirty (30)
days of receipt of the City's invoice, or written
response to any invoice contested or questioned, may
result in the termination or suspension of work on the
preparation and processing of the environmental impact
report and specific plan, and related entitlement
applications, consistent with Article V of this
Agreement.
City is not obligated to continue working if at any time
the amount of money in the Specific Plan No. 2 Project
trust fund account falls below the minimum amount
required to pay an EDAW invoice.
II. PAYMENT TERMS FOR CITY COSTS
MFA shall pay the City for all necessary and proper costs
incurred by the City in regard to administering, preparing,
reviewing, and processing the environmental impact report,
specific plan, and any related entitlements, for the Specific
Plan No. 2 Project, in accordance with the terms set forth in
this Agreement.
A. MFA shall pay the City for one hundred percent (100 %) of
all City costs related to administering, preparing,
reviewing, and processing the environmental impact
report, specific plan, and any related entitlements for
the Specific Plan No. 2 Project. The entitlement deposit
amount and hourly charge rate shall be consistent with
the City's adopted Schedule of Land Development
Preliminary Processing Fee Deposits.
B. Deposit for Community Development Department and City
Engineer - Upon joint execution of this Agreement, MFA
shall make an initial Specific Plan No. 2 Project deposit
of $18,934, for payment of Community Development
Department and City Engineer staff costs. City will
inform MFA of additional costs anticipated for ninety
(90) days, when eighty percent (80 %) of the initial
Specific Plan No. 2 Project deposit has been expended.
MFA shall then make a supplemental deposit, based on the
City's ninety ( 90 ) day estimate, within fifteen (15 ) days
of receipt of invoice. In no case shall the amount on
deposit with the City to pay for City costs be less than
$5,000, to allow for payment of City costs in the event
of termination or suspension of this Agreement.
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000103
C. Deposit for City Attorney and City Geologist - Upon joint
execution of this Agreement, MFA shall make an initial
deposit of $13,800 into the Specific Plan No. 2 Project
trust fund account to be used for full or partial payment
of City Attorney and City Geologist charges related to
the Project environmental impact report and specific
plan. If the initial deposit is insufficient to cover
all estimated City Attorney and City Geologist charges,
MFA shall submit an additional deposit to cover one
hundred percent (100 %) of the contract staff charge and
the City's administrative fee within thirty (30) days
following receipt of an additional deposit request from
the City.
D. Deposit for City Engineer /City Traffic Engineer - Upon
joint execution of this Agreement, MFA shall make an
initial deposit of $11,429 into the Specific Plan No. 2
Project trust fund account to be used for full or partial
payment of City Engineer and City Traffic Engineer
charges related to the Project environmental impact
report and traffic study. If the initial deposit is
insufficient to cover all estimated City Engineer and
City Traffic Engineer charges, MFA shall submit an
additional deposit to cover one hundred percent (100 %) of
the contract staff charge and the City's administrative
fee within thirty (30) days following receipt of an
additional deposit request from the City.
III. WORK PRODUCTS TO BE PROVIDED BY MFA
All of the reports, studies, documents and associated products
identified in the EDAW Professional Services Agreement as
being provided by MFA shall be delivered by MFA to the City
and EDAW consistent with the schedule included in the
Professional Services Agreement. Failure to make delivery in
a timely manner may result in the suspension or termination of
work under this Agreement and the Professional Services
Agreement.
IV. ENVIRONMENTAL IMPACT REPORT CERTIFICATION AND SPECIFIC PLAN
APPROVAL
City and MFA herein agree that in accordance with Section
15108 of the California Environmental Quality Act Guidelines,
the City shall make a certification decision on the final
environmental impact report within one year and ninety (90)
days after the date that the Specific Plan No. 2 Project
application is deemed complete by the City.
In no event or circumstance, shall this Agreement be deemed to
require either City certification of the environmental impact
report or City approval of the specific plan prepared by EDAW
for the Specific Plan No. 2 Project.
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V. TERMINATION OR SUSPENSION
This Agreement may be terminated by MFA at any time and for
any reason, upon giving the City notice of termination of this
Agreement, and the City shall, within ten (10 ) working days of
receipt of said notice from MFA, exercise its right to
terminate the Professional Services Agreement pursuant to
Article III of the Professional Services Agreement. In the
event MFA exercises its right to terminate, MFA agrees that it
will compensate the City for all work completed in accordance
with the Professional Services Agreement as well as for all
work performed by City staff, City contract employees and
consultants, up to the date of termination of this Agreement
and the Professional Services Agreement. 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 or suspended, with or without
cause, by the City at any time with no less than ten (10)
working days written notice of such termination or suspension.
In the event of such termination or suspension, MFA shall
compensate the City for all work completed in accordance with
the Professional Services Agreement as well as for all work
performed by City staff, City contract employees and
consultants, up to the later date of termination or suspension
of both this Agreement and the Professional Services
Agreement. Compensation for work in progress shall be
prorated as to the percentage of progress completed at the
date of termination or suspension.
VI. COPIES OF WORK PRODUCT
MFA shall have a right to receive from the City, a copy of the
draft and final environmental impact reports prepared by EDAW
at the time that these documents are made available for public
review. MFA shall also have a right to receive from the City
all specific plan related work products prepared by EDAW.
VII. 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.
VIII.GOVERNING LAW
This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California.
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IX. 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.
X. SUCCESSORS, ASSIGNS
This Agreement shall be binding upon and inure to the benefit
of all heirs, successors, and assigns.
XI. TERM OF AGREEMENT
The term of this Agreement shall be the time period required
to complete all of the work tasks identified in the
Professional Services Agreement (Exhibit 111 "), and for a one-
year period following completion of all such tasks, unless
this Agreement is terminated pursuant to Article V herein.
XII.MISCELLANEOUS PROVISIONS
A. MFA, including any affiliated company, partnership, or
corporation, agrees not to hire EDAW, or any
subcontractors retained by EDAW, or its affiliated
companies, partnerships or corporations, in fulfillment
of the Professional Services Agreement with the City to
perform any work during the term of this Agreement (see
Article XI) and for one year following the termination or
completion of this Agreement, without the prior written
consent of the City.
B. MFA shall hold harmless, indemnify and defend the City
and its officers, employees, servants, 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 the performance of this Agreement, except
such damage as is caused by the sole negligence of the
City. MFA shall also hold harmless the City and its
officers, employees, servants, 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
the performance of the Professional Services Agreement,
except such damage as is caused by the sole negligence of
the City.
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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: Michael Greynald
Morrison - Fountainwood- Agoura
25841 W. Thousand Oaks Boulevard
Calabasas, CA 91302
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.
D. Nothing contained in this Agreement shall be deemed,
construed or represented by the City or MFA 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 MFA.
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.
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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 MFA 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.
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 the day and year first above written.
CITY OF MOORPARK:
BY
Steven Kueny
City Manager
ATTEST:
BY
Morrison - Fountainwood- Agoura
California General Partnership
BY Morrison - Moorpark
California General Partnership
Michael Greynald
General Partner
BY Fountainwood- Agoura
California General Partnership
Mark Rosenberg
General Partner
Lillian E. Hare
City Clerk
Attachment: Exhibit 111" - Professional
between EDAW and the City
Exhibit "A ", Scope of Work)
Services Agreement
of Moorpark (includes
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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF MOORPARK AND EDAW, INC., FOR
PREPARATION OF ENVIRONMENTAL IMPACT REPORT AND
SPECIFIC PLAN, AND PROVISION OF RELATED
SERVICES, FOR THE SPECIFIC PLAN NO. 2 PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT, made and entered into
this day of , 1995, by and between the City of
Moorpark ( "CITY "), a municipal corporation located in the County of
Ventura, State of California, and EDAW, Inc., ( "EDAW ") a California
corporation.
W I T N E S S E T H
Whereas, the City has the need for professional environmental
impact analysis, land planning, landscape architecture, and urban
design services related to the preparation of an environmental
impact report and specific plan, and provision of related services,
for the Specific Plan No. 2 Project; and
Whereas, the 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, EDAW 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, the applicant for the Specific Plan No. 2 Project,
Morrison - Fountainwood- Agoura ( "MFA "), and the City have jointly
selected EDAW as a qualified consultant to prepare an environmental
impact report and specific plan, and provide related services; and
Whereas, EDAW has submitted to the City a Scope of Work for
the Specific Plan No. 2 Project Environmental Impact Report,
Specific Plan, and Related Services, attached hereto as Exhibit
"A ", and hereinafter referred to as the "SCOPE OF WORK "; and
Whereas, prior to approval of this Professional Services
Agreement, the City intends to enter into an Agreement with MFA,
requiring MFA to pay to the City all costs incurred by the City in
strict accordance with the Scope of Work;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree as
follows:
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I. SCOPE OF WORK
City does hereby retain EDAW in a contractual capacity to
prepare an environmental impact report and specific plan, and
provide related services for the Specific Plan No. 2 Project,
as set forth in the Scope of Work. Where said Scope of Work
is modified by this Professional Services Agreement, the
language contained in this Professional Services Agreement
shall take precedence.
II. COMPENSATION
The fees in full compensation to EDAW for the services
rendered shall not exceed $228,856.00, without the prior
written agreement of EDAW and the City Manager of the changes
in the Scope of Work that result in the increase of services
and compensation. Payment to EDAW shall be made by the City
consistent with the provisions of Article VI, Paragraph K, of
this Professional Services Agreement.
III. TERMINATION OR SUSPENSION
This Professional Services Agreement may be terminated or
suspended with or without cause by the City at any time with
no less than ten (10) working days written notice of such
termination or suspension. This Professional Services
Agreement may be terminated by EDAW only by providing the City
with written notice no less than thirty (30) days in advance
of such termination. In the event of termination or
suspension, EDAW shall be compensated for such services up to
the date of termination or suspension. Such compensation for
work in progress shall be prorated as to the percentage of
progress completed at the date of termination or suspension.
IV. TERM OF PROFESSIONAL SERVICES AGREEMENT
The term of this Professional Services Agreement shall be the
time period required to complete all of the work tasks
identified in the Scope of Work, and for a one -year period
following completion of all such tasks, unless this
Professional Services Agreement is terminated pursuant to
Article III herein.
V. ENVIRONMENTAL IMPACT REPORT CERTIFICATION AND SPECIFIC PLAN
APPROVAL
In no event or circumstance, shall this Professional Services
Agreement be deemed to require City certification of the
environmental impact report or approval of the specific plan
prepared by EDAW for the Specific Plan No. 2 Project.
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VI. GENERAL CONDITIONS
A. EDAW agrees not to provide environmental impact analysis,
land planning, landscape architecture, urban design, or
related services for any other public agency or private
development project located within the City or its Area
of Interest, without the prior written consent of the
City, during the term of this Professional Services
Agreement.
B. EDAW agrees not to provide environmental impact analysis,
land planning, landscape architecture, urban design, or
related services for MFA, including any affiliated
company, partnership, or corporation, during the term of
this Professional Services Agreement, and for a one -year
period following completion of all tasks to be performed
pursuant to this Professional Services Agreement.
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 EDAW performing
services hereunder for the City.
D. EDAW 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 EDAW or of EDAW's officers,
employees or agents.
EDAW 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 Professional
Services 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 EDAW or their
subcontractor(s) or obtained in the course of providing
the services to be performed pursuant to this
Professional Services Agreement shall become the sole
property of the City. All environmental impact report
and specific plan text computer files shall be provided
to the City using IBM compatible, Word Perfect 6.0 word
processing software, on a 3.5 -inch diskette.
F. EDAW 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
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death or injury to any person and injury to any property,
resulting from, or in any way connected with the
performance of this Professional Services Agreement by
EDAW or the City, except such damage as is caused by the
sole negligence of the City.
The City does not, and shall not, waive any rights that
it may have against EDAW 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 Professional Services
Agreement. This hold harmless and indemnification
provision shall apply regardless or whether or not said
insurance policies are determined to be applicable to the
claim, demand, damage, liability, loss, cost or expense
described in Paragraph F hereof.
G. EDAW shall secure from a good and responsible company or
companies authorized to do insurance business in the
State of California, pay for, and maintain in full force
and effect for the duration of this Professional Services
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 Professional Services
Agreement. Notwithstanding any inconsistent statement in
any of said policies or any subsequent endorsement
attached thereto, the.protection offered by the policies
shall:
1. Bear an endorsement whereby it is provided that,
the City and its officers, employees, servants and
agents, and independent contractors serving in the
role of City Manager, Deputy City Manger, Director
of Community Development, City Engineer, or City
Attorney, as additional insured with EDAW.
2. Bear an endorsement 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. EDAW shall give the City
thirty (30) days written notice prior to the
expiration of such policy.
3. Be written on an occurrence basis.
DST 07 -26 -95 SP2- SDAW.AGR 4
000lU
H. Consistent with the provisions of Paragraph G, EDAW shall
provide general public liability including automobile
liability and property damage insurance in an amount not
less than One Million dollars ($1,000,000) per occurrence
and annual aggregate.
I. Consistent with the provisions of Paragraph G, EDAW shall
provide workers, compensation insurance as required by
the California Labor Code. If any class of employees
engaged by EDAW in work under this Professional Services
Agreement is not protected by the workers' compensation
law, EDAW shall provide adequate insurance for the
protection of such employees to the satisfaction of the
City.
J. EDAW shall not assign this Professional Services
Agreement, or any of the rights, duties or obligations
hereunder. It is understood and acknowledged by the
parties that EDAW is uniquely qualified to perform the
services provided for in this Professional Services
Agreement.
K. Payment to EDAW for Scope of Work task completion shall
be made by the City in accordance with the following
terms:
1. Payment to EDAW shall be made by the City within
forty (40) days of receipt of invoice, except as
otherwise provided for in Paragraph K hereof.
Payment to EDAW shall not be made by the City
within forty (40) days for any invoice which is
contested or questioned and returned by the City
with written explanation within ten (10) days of
receipt of invoice. EDAW shall provide to the City
a written response to any invoice contested or
questioned, and further, upon request of the City,
shall provide the City with any and all documents
related to any invoice. A requirement for City
payment of an EDAW invoice shall be submission by
EDAW to the City of evidence that the work tasks
and /or work products billed for on an EDAW invoice
were actually completed by EDAW or its consultants.
The City shall have sole discretion in determining
whether the evidence submitted by EDAW is
sufficient for the City to approve payment for an
EDAW invoice.
2. Upon joint execution of this Professional Services
Agreement, the City shall require MFA to deposit
$57,500 into a Specific Plan No. 2 trust fund
account for payment of EDAW invoices. Upon receipt
of an invoice from EDAW, that is not contested or
DST 07 -26 -95 SP2- SDAW.AGR
5
000113
questioned, the City shall make a full or partial
payment for that invoice, within forth (40) days,
based on available funds in the Specific Plan No. 2
Project trust fund account. The City shall request
an additional deposit from MFA, each time the
Project trust fund account reaches a minimum
balance of $10,000. The City's Agreement with MFA
requires that payment for the EDAW Professional
Services Agreement total cost of $228,856 be
accomplished in a maximum of four deposits.
3. If the amount on deposit in the Specific Plan No. 2
trust fund account is insufficient for the City to
make full payment to EDAW within forty (40) days
following receipt of an invoice, the City shall
make a partial payment based on available funds.
Following receipt of an additional deposit from
MFA, the City shall then pay the remainder amount
for any EDAW invoice that was not paid in full due
to an insufficient deposit in the Specific Plan No.
2 Project trust fund account. EDAW herein agrees
that a service charge will not be applied for an
invoice not paid in full by City due to
insufficient funds in the Project trust fund
account.
L. Any notice to be given pursuant to this Professional
Services 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: Jayna Morgan
EDAW, Inc.
1920 Main Street
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.
DST 07 -26 -95 SP2- SDAW.AGR 6
00OI r1.4
M. Nothing contained in this Professional Services Agreement
shall be deemed, construed or represented by the City or
EDAW 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 EDAW.
N. This Professional Services 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
Professional Services 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.
0. Should interpretation of this Professional Services
Agreement, or any portion thereof, be necessary, it is
deemed that this Professional Services 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 Professional Services
Agreement or caused it to be prepared.
P. No waiver of any provision of this Professional Services
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.
Q. 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 Professional Services
Agreement or as a result of any alleged breach of any
provision of this Professional Services 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.
R. Cases involving a dispute between the City and EDAW may
be decided by an arbitrator if both sides agree in
writing, with costs proportional to the judgment of the
arbitrator.
DST 07 -26 -95 SP2- SDAW.AGR
7
ODU115
S. This Professional Services 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.
T. The captions and headings of the various Articles and
Paragraphs of this Professional Services 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.
VII. RESPONSIBLE INDIVIDUAL
The individuals directly responsible for EDAW's overall
performance of the Professional Services Agreement provisions
herein above set forth and to serve as principal liaison
between the City and EDAW shall be Dan Herman and Jayna
Morgan. 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
EDAW Professional Services Agreement, and to serve as
principal liaison between EDAW and the City, shall be the
Director of Community Development.
VIII.IMPLEMENTATION
The City shall provide EDAW with written notice in advance of
the date at which these services are to be implemented if
different than the date of the Professional Services
Agreement.
CITY OF MOORPARK:
By:
Steven Kueny, City Manager
ATTEST:
By.
Lillian E. Hare, City Clerk
Attachment:
EDAW, Inc.:
By:
Dan Herman, Principal
Exhibit "A" - Scope of Work for Specific Plan No. 2
Project Environmental Impact Report, Specific Plan,
and Related Services
DST 07 -26 -95 SP2- BDAW.AGR 8
SCOPE OF WORK
SPECIFIC PLAN 2
ENVIRONMENTAL IMPACT REPORT
Prepared for:
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
799 MOORPARK AVENUE
MOORPARK, CALIFORNIA 93021
CONTACT: DEBORAH S. TRAFFENSTEDT
SENIOR PLANNER
(805) 529 -6864
Prepared by:
EDAW, INC.
1920 MAIN STREET, SUITE 450
IRVINE, CALIFORNIA 92714
(714) 660 -8044
RECEIVED
JUL 211995
City of Moorpark
MAY 1995
REVISED JULY 1995 01 MI MI
TABLE OF CONTENTS
I. INTRODUCTION .............. ............................... 1
II. PROJECT UNDERSTANDING /CONTRACT RESPONSIBILITIES ........... 3
III. SCOPE OF WORK .............. ..............................8
IV. PROJECT PERSONNEL ......... ............................... 55*
V. QUALIFICATIONS ............ ............................... 58
VI. PROJECT SCHEDULE AND BUDGET ............................. 63
VII. REFERENCES ............... ............................... 67
VIII. AUTHORIZATION ............ ............................... 69
APPENDICES
APPENDIX A - EDAW RESUMES AND SCHEDULE OF INSURANCE
APPENDIX B - L. NEWMAN DESIGN GROUP, INC.
APPENDIX C - AUSTIN -FOUST ASSOCIATES
APPENDIX D - RMW PALEO ASSOCIATES
APPENDIX E - GORDON BRICKEN ASSOCIATES
0:\ PROPOSAL \1995\5N12800 \95052595.RPT i ouUJ
I. INTRODUCTION
0:IPROPOSAL1199515N 12800195052595. RPT
I. INTRODUCTION
EDAW, Inc. (EDAW) is pleased to submit this proposal for the preparation of Moorpark Specific
Plan #2 Environment Impact Report (EIR). Completion of the work program outlined in this
proposal will provide the City of Moorpark with a comprehensive planning and environmental
program that will meet and exceed the needs and objectives of the community. The products of
this planning process will provide the elected and appointed officials of Moorpark with
meaningful solutions to the actual and perceived problems. The analysis and presentation of
information will be through, objective, and legally defensible.
EDAW is a multi - disciplinary firm, with 54 years of experience in the fields of environmental
planning, urban planning and design, and landscape architecture. We have a strong track record
in providing planning documents for communities throughout California.
EDAW's consulting services include:
Environmental Impact Analysis Landscape Architecture
Land Planning Urban Design
Site Engineering Graphic Design
EDAW is well suited to prepare the comprehensive planning and environmental services program
required by the City of Moorpark for several reasons.
First, EDAW has extensive knowledge of the major environmental, planning, legal, community,
and political issues which the City of Moorpark may encounter as they formulate and implement
the environmental program for this project. Formerly of STA Planning, Inc., our environmental
staff has prepared numerous projects for the Cities of Ojai, Santa Paula, Moorpark, Simi Valley,
Camarillo, and the County of Ventura. Our senior planning staff member was recently involved
in the Specific Concept Plan development for Specific Plan #8 in the City.
Second, EDAW staff has experience with projects of a similar nature and scope. Mr. Dan -
Herman will serve as Principal -in- Charge for the project. Ms. Jayna Morgan will serve as Project
Manager. Mr. Ron Krater will serve as Project Planner. They will be assisted by various support
staff. We are extending a firm commitment to the City that these individuals will have continued
"hands -on" involvement in the project.
Third, EDAW is knowledgeable of all recent changes in current court rulings pertaining to the
interpretation of the State Planning, Zoning and Development Laws, California Environmental
Quality Act (CEQA), and the State CEQA Guidelines. These changes are incorporated into the
preparation and processing of EDAW's planning and environmental documents. We prepare
legally defensible documents of the highest quality that objectively address all major issues.
Fourth, EDAW has assembled a project team that includes the traffic engineering firm Austin -
Foust Associates, the local firm of L. Newman Design Group, and the firm RMW Paleo
Associates. EDAW and its subconsultants have a well established and productive working
relationship. Our subconsultants are currently involved in local projects and are familiar with
development issues in Moorpark. The EDAW team is prepared to conduct the work program
addressed in this proposal in a cost - effective and time - efficient manner.
0: \PROPOSAL11995 \5N12800V5052595.RPT 2 ;0001%0
II. PROJECT UNDERSTANDING /CONTRACT RESPONSIBILITIES
0:\ PROPOSAL 11995 \5N12800\95052595.RPT I U U 01Z 1
II. PROJECT UNDERSTANDING /CONTRACT RESPONSIBILITIES
PROJECT DESCRIPTION
Per our discussions and meetings with City staff and the applicant, we understand that the
Moorpark Specific Plan #2 project consists of approximately 445 acres and is under the
ownership of JBR Development Company who has recently entered a joint venture with Morrison
Fountainwood Agoura (MFA). The site is located in the northern section of the City of Moorpark,
east of Walnut Canyon Road and west of College Heights Drive. The majority of the specific
plan area is characterized as a generally sloping plateau with prominent hillsides in the northern
section. The site is currently vacant and used for seasonal grazing.
According to the City of Moorpark's Draft Guidelines, the Moorpark Specific Plan 2 development
issues that need to be addressed during Specific Plan Preparation include the following:
Topography - Existing steep hillsides require a complete evaluation of steep slopes, unstable soils,
and other potential geotechnical constraints. Consistent with City policy, grading is restricted on
slopes greater than 20 percent and development is prohibited in areas where potential hazards
cannot be mitigated fully.
Hydrology - An evaluation of existing drainage courses, surface runoff, potential flood hazards,
and other hydrological constraints will be conducted.
Viewshed - The importance and visibility of hillside horizon lines and prominent ridgelines within
this specific plan area from surrounding areas will be evaluated. Clustering of dwelling units
should be considered, where appropriate, to conserve important visual and natural
resources/hazard areas.
Biological Resources - The significance of biological resources which may occur on -site (i.e., oak
trees, threatened, rare, endangered plants, and animals, etc.) shall be determined. The preservation .
of any resources determined to be significant shall be encouraged through habitat preservation,
enhancement, or replacement.
Archaeology/Paleontologyy - The specific plan area will be evaluated to determine whether
archaeological and/or paleontology resources occur within the overall plan area and their potential
significance.
Public Services/Infrastructure - An evaluation will be conducted to ensure that adequate services
(water, sewer, gas, electric, police, fire, etc.) are available or can be provided to the plan area.
The specific plan shall identify appropriate land use set - asides and financing mechanisms needed
to provide any public schools, fire stations, libraries, etc., determined necessary to serve new
development within the plan area.
Parks - An evaluation will be conducted to identify required park land dedication consistent with
the City Municipal Code and General Plan requirements.
0:\PROPOSAL \1995 \5N 12800 \95052595.RPT 4 ,04) 0 114
Circulation - The specific plan area circulation network will require consideration for its
topography, viewshed, and for its integration with both the conceptual future freeway alignments
for SR -118 and SR -23. The specific plan shall ensure that roadway right -of -ways are protected
for the planned roadway upgrades, improvements, and additions as identified in the City's
circulation plan.
Proposed Land Uses - The City of Moorpark has established that the number of dwelling units
shall not exceed 475, unless the property owner agrees to provide public improvements, public
services, and/or financial contributions that the City Council determines to be of substantial public
benefit to the community, in which event, the number of dwelling units shall not exceed 712. A
minimum of seven (7) acres of land shall be designated as Public Institutional within this specific
plan area. The appropriate amount of land to be designated as open Space, Park, School, or any
other appropriate land use designation will be determined at the time of specific plan preparation
or approval.
KEY WORK PRODUCT RESPONSIBILITIES
Per our meeting on May 16, 1995, conversations with City staff, and the May 18, 1995
correspondence and conversations with the applicant, we foresee the following as key issues /work
effort to be incorporated into the Specific Plan/EIR Program. The project team members
responsible for each primary issue are identified. EDAW's work program will avoid duplication
of work efforts provided by others. For those work efforts that will be incorporated into the EIR,
EDAW will ensure that a peer review is completed prior to incorporation. Costs associated with
these already completed/assigned issues (aside from peer review) have not been included in
EDAW's budget.
Key Issue
Specific Plan and EIR
AutoCad Base Map
Preliminary Grading Plan
Slope Analysis
Preliminary Soils and Geology Report
Title Report
1000 Foot Radius Map
Archaeology and Paleontology Analysis
Biological Analysis
Transportation/Circulation
Landscape/Design Guidelines
Responsibility
EDAW and Project Team
MFA and Ramseyer and Associates
MFA and Ramseyer and Associates
MFA and Ramseyer and Associates
Pacific Materials
Chicago Title
Chicago Title
RMW Paleo Associates
Michael Brandman and Associates
Austin -Foust Associates
EDAW
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 5 rr,,�� �((��
`lJwrZ3
Tree Assessment Report and Peer Review
of Biology Study
Noise Study
Air Quality Analysis
Hydrological Analysis
Water /Sewer
Storm Drain
AestheticsNiews
Public Services and Utilities
L. Newman Design Group and
Mr. Frank Hovore
EDAW
EDAW
Ramseyer and EDAW
MFA and Ramseyer and Associates
MFA and Ramseyer and Associates
EDAW
EDAW
In addition to the development issues discussed above, EDAW believes that projects of this
magnitude have important functional and organizational issues. These key functional and
organizational issues that EDAW intends to address through our work program include:
• The need for an integrated approach to the planning, design, environmental, and
circulation/safety issues involved in the comprehensive study.
• The need to prepare all work products consistent with the objectives of the project
and the expectations of the project team.
• The need to maintain the adopted schedule and budget.
• The need to balance jurisdictional, property owner, and community goals in order
to develop a viable Specific Plan.
CONSULTANT /CITY RELATIONSHIP
All work related directly to the Specific Plan and EIR preparation such as field reconnaissance,
literature search, consultation with agency personnel, and library research will be the
responsibility of EDAW, its associates, and staff.
It will be the City's responsibility to provide EDAW with reasonable access to relevant files and
documentation pertaining to the proposed project. It is also requested that the City assist in
obtaining additional project details from the applicant, as necessary, to complete the Specific Plan
and EIR and in seeking the cooperation of County departments and other agencies that will be
providing input for the preparation of the document. The consultant shall not accept any written
or oral information from the applicant or any designated agency for use in the environmental
document without first obtaining authorization from the City. Additionally, the consultant shall
not engage in any news interviews or submit any news releases unless expressly authorized to do
so by the City.
0:1PROPOSAL1199515N 12800195052595.RPT
CHANGES IN SCOPE OF WORK
The following section, "Specific Plan #2 Scope of Work," outlines the scope and depth of
analysis proposed by EDAW for completion of the Moorpark Specific Plan #2 and EIR. Any
changes in the project description or unanticipated changes in the Scope of Work will constitute
grounds for contract renegotiation. The project budget contained in Section IV of this proposal.
does contain a 10% contingency per the City's direction.
CONFLICT OF INTEREST WARRANTY
Neither EDAW staff, nor any member of the project team, has been hired by MFA to perform
work efforts on the Specific Plan #2 project. No member of the EDAW contracting team has a
financial gain or any other form of interest in the final outcome of the project.
The consultant recognizes and agrees that it is a public official subject to the Political Reform
Act and further agrees and warrants that it has no financial interests, directly or indirectly, which
may be affected materially by the project for which the Specific Plan and EIR is being prepared.
The consultant further warrants that before executing this agreement, it will have reviewed the
Political Reform Act and the Fair Political Practices Commission regulations, including but not
limited to, Chapter 7 to Title 2 of the California Administrative Code, Section 18700 et seq., in
order to ascertain whether any conflict of interest would require the consultant to refrain from
participating in attempting to use its official position as a City consultant to influence the
governmental decisions underlying the subject EIR.
INSURANCE COVERAGE
EDAW carries one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) aggregate general liability and performance completion insurance with Zurich
Insurance Company, full liability automobile coverage with Zurich Insurance Company, and
Worker's Compensation insurance with the American Motorist Insurance Company. A detailed
Schedule of Insurance is provided in Appendix A.
0:\PROPOSAL \1995\5N 12800 \95052595.RPT 7
III. SPECIFIC PLAN 2 SCOPE OF WORK
0:\ PROPOSAL \1995\5N 12800195052595.RPT R o o o V s
III. SPECIFIC PLAN 2 SCOPE OF WORK
State law authorizes cities and counties to adopt Specific Plans for implementing their General
Plans in designated areas. The Specific Plan is a useful bridge between the General Plan and
individual development proposals.
Government Code Section 65451 defines a Specific Plan to include "all detailed regulations,
conditions, programs, and proposed legislation that shall be necessary or convenient for the
systematic implementation" of each of the seven required elements in the General Plan. The
section goes on to require that a Specific Plan include "regulations, conditions, programs, and
proposed legislation" with regards to:
• The location of and standards for land uses and facilities;
• The location of and standards for streets, roads, and other transportation
facilities
• Standards for population density and building intensity and provisions for
supporting services;
• Standards for the conservation, development, and use of natural resources;
• Other appropriate measures.
The Specific Plan must, at a minimum, contain measures to implement the policies required in.
a General Plan that pertain to the area. A Specific Plan can be used to update the general plan
for the area and provide all relevant development standards.
The Specific Plan will be prepared based upon existing environmental constraints. This will
minimize required environmental documentation. We understand that it is of the utmost
importance to prepare an environmental document and support materials which:
• Meet all requirements and recent court interpretations of CEQA
• Identify and analyze all important issues in a comprehensive manner
• Recommend a comprehensive package of mitigation measures that ill resolve
controversial issues
• Reflect policies and goals
Our team is prepared to assign staff and resources sufficient to implement the scope of services
from contract authorization to plan approval. We have sufficient staffing and production
capabilities for all work tasks. The tasks for the Moorpark Specific Plan 2 are listed on the
following pages and discussed in detail in this section.
0:1 PROPOSAL \199515N12800195052595.RPT 9 3 J�
MOORPARK SPECIFIC PLAN 2 SCOPE OF WORK
TASK 1.0 PROJECT INITIATION
1.1 Collect and Analyze Data
1.2 Project Schedule
1.3 _Preliminary Staff/Project Strategy Meeting
TASK 2.0 DEVELOPMENT OF ALTERNATIVE SPECIFIC PLAN CONCEPT'S
2.1 Administrative Draft Alternatives Concept
2.2 Draft Alternatives Concept
TASK 3.0 REFINEMENT AND SELECTION OF PREFERRED ALTERNATIVE
3.1 Select Preferred Alternative
3.2 Incorporate Final Comments into Preferred Alterative
TASK 4.0 DEVELOPMENT OF SPECIFIC PLAN DOCUMENT
4.1 Administrative Draft Specific Plan
4.2 Final Draft Specific Plan
4.3 Final Specific Plan
TASK 5.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS
5.1 Initial Study/Notice of Preparation (NOP)
5.2 Distribution of NOP
5.3 Evaluate NOP Responses and Refine Scope of Work
5.4 Administrative Draft Environmental Impact Report (EIR)
5.5 Preparation and Distribution of the Draft EIR and Notice of Completion (NOC)
5.6 Response to Comments/Final EIR
5.7 Preparation and Distribution of Final EIR
5.8 Mitigation Monitoring/Reporting Program
5.9 Statement of Findings and Facts and Overriding Considerations
5.10 Preparation of Staff Reports
5.11 Preparation of Notice of Determination
TASK 6.0 REVIEW OF DEVELOPMENT AGREEMENT (OPTIONAL)
6.1 Review Development Agreement
TASK 7.0 PROJECT MANAGEMENT/MEETINGS/HEARINGS
7.1 Project Kick - Off /Strategy Meeting (1)
7.2 Monthly Status Meetings (Project Team/City Staff) (11)
7.3 Workshop Meetings (3)
7.4 Planning Commission Hearings (3)
7.5 City Council Hearings (3)
0A PROPOSAU1995 \5N12800 \95052595.RPT 10 0fJtJU'2
TASK 1.0 PROJECT INITIATION
SUBTASK 1.1 COLLECT AND ANALYZE DATA
The purpose of this subtask is to collect the existing database for the proposed project. All
existing data to be provided by MFA, Ramseyer and Associates, and the City staff will be used
in preparing the various work products outlined in this proposal. Concurrent with the collection
of data, EDAW will work with the project team to clearly define their objectives and expectations
of the process. To complete this subtask, EDAW will accomplish the following:
1. EDAW will meet with City staff, MFA, and Ramseyer and Associates to determine data
availability.
2. EDAW will review and analyze all existing data provided by MFA, Ramseyer and
Associates, and the City.
3. EDAW will prepare and submit to City staff, MFA, and Ramseyer and Associates a list
of required additional information.
4. Upon receipt of all data, EDAW will prepare a comprehensive list of references to be
used by the project team.
5. EDAW will summarize the results of the analysis in a preliminary opportunities and
constraints exhibit.
Work Products:
• Attendance at meeting with City staff and team members.
• List of data needs.
• Comprehensive list of references to be utilized.
• Opportunities and constraints summary exhibit.
SUBTASK 1.2 PROJECT SCHEDULE
The purpose of is task is to refine, adopt, and maintain the proposed schedule discussed in
Section VI of this proposal. The project schedule will be reviewed and approved by the City.
Any necessary changes to the project schedule will be made with concurrence by City staff, the
applicant, and EDAW. A record of these changes will be made in writing and noted in the
appropriate report or memorandum. To complete this subtask, we will accomplish the following:
0APROPOSAU1995 \5N 12800 \95052595.RPT 11 o0(A ;e-
1. The EDAW Project Manager will meet with the City staff and the applicant (see -
subtask 1.3).
2. Utilizing the schedule within this proposal as a base, a more definitive project
schedule will be established with milestone dates for all work products.
3. Ranges of dates for the meetings and public hearings will be outlined.
4. An on -going project schedule will be maintained.
5. Copies of any changes to the project schedule will be provided to City staff,
project team members, and the applicant if they occur.
6. Reasons for all changes in the schedule will be provided to City staff, project team
members, and the applicant.
Work Product:
Refined Project Schedule.
SUBTASK 1.3 PROJECT KICK- OFF /STRATEGY MEETING
The intent and purpose of this subtask is to establish the parameters of the Specific Plan and
provide a strategy to accomplish the City's and the applicants overall goals for the Specific Plan
#2 planning area. EDAW will work with the City staff, the applicant, and other interested parties
to conduct all work efforts in an open environment that encourages and facilitates involvement
and participation. Prior to the Project Strategy Meeting, EDAW in concert with the
subconsultants, will review in detail the information provided by MFA, Ramseyer and Associates,
and the City and will identify additional information necessary to begin preparation of the
Specific Plan.
Concurrent with the collection of additional information the consultant team will work with City
staff, MFA, and Ramseyer and Associates to clearly define the objectives and expectations of the
Specific Plan. Public participation and creation of the vision are important components of the
process.
After goals are defined, we propose to hold a workshop or brainstorming session to develop and
refine the "big idea." The workshop will be oriented to defining the types of uses that meet the
future needs and goals of the City and applicant. By looking for "big ideas" during this process,
we can identify major opportunities. In our constraints identification, we will be looking for "fatal
flaws" that can actually preclude or severely limit certain types of development. This
philosophical exchange of ideas will result in a clear direction for the consultant team and an
assurance that both the City and the applicant will get an effective and implementable Specific
Plan. The project schedule Subtask 1.3 will also be discussed at the Project Strategy meeting. The
following will be accomplished for this subtask:
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 12 ")00U!J
The EDAW Project Manager will meet with City staff, MFA, and Ramseyer and
Associates.
2. A project strategy memorandum defining the City and applicant goals and
objectives for the Specific Plan.
Work Products:
Attendance at project strategy meeting.
Project Strategy Memorandum outlining City /applicant goals and objectives.
O iL-0
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 13
TASK 2.0 DEVELOPMENT OF ALTERNATIVE
SPECIFIC PLAN CONCEPTS
SUBTASKS 2.1 AND 2.2 ADMINISTRATIVE DRAFT, AND DRAFT ALTERNATIVE
SPECIFIC PLAN CONCEPTS
EDAW will utilize the development concept(s) and AutoCad base map which have been prepared
by MFA and Ramseyer and Associates as a starting point to prepare the Administrative Draft
Specific Plan Concept. EDAW will refine it to incorporate concerns of the City of Moorpark
staff. We will also ensure that it will be compatible with adjacent land owner plans. Additionally,
we will develop alterative concept plans for consideration. These alternatives will be developed
in conjunction with City staff, MFA, and Ramseyer and Associates. Two possible alternative
concepts could include the following land uses:
• Commercial Land Use
• Golf Driving Range
In addition, EDAW will evaluate variations of the land use development concept for the specific
plan area that would refine the location of any proposed school, park, and residential uses based
upon different circulation alternatives. This will be accomplished through the following steps:
1. For each of the identified alternative land uses, EDAW will document the most
salient characteristics of the land use in order to provide guidance for locating and
combining these uses in sketch land use plans. Three (3) sketch plans will be
prepared in a loose format. Planning and physical design parameters will include,
but not be limited to the following:
• Maximum unit yield.
• Land area requirements, typical building requirements, and floor -area -
ratios, etc.
• Intensity, level of use, and cycles of activity.
• Location criteria in terms of proximity to and relationship to other uses,
visibility, access, etc.
• General infrastructure requirements.
• Service needs and Community Facilities
• Physical site requirements and relationship to environmental constraints and
opportunities.
OW-131.
O:\PROPOSAL \1995 \5N 12800 \95052595.RPT 14
• Relative potential for environmental impact, need for mitigation.
• Relationship to existing and planned adjacent uses (supportive vs.
competitive, consistent vs. inconsistent).
• City of Moorpark requirements for park dedication and open space.
2. At the conclusion of this phase, EDAW proposes to hold a workshop which will
test the options and establish the next steps in the planning process. This workshop
will be designed to be an open public participation meeting to include and
encourage community input. This "screening process" will result in the selection
of uses to be included in the preferred plan.
Work Products:
• A total of three (3) Alternative Concept Plans (prepared on AutoCad base) with Statistical
Summaries.
• A total of three (3) sketch plans reflecting circulation alternatives with a technical
memorandum documenting the planning and physical design parameters of each.
• Attendance at a Community Workshop (see Task 7.3).
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 15 O�O��
TASK 3.0 REFINEMENT AND SELECTION OF
PREFERRED ALTERNATIVE
SUBTASK 3.1 SELECT PREFERRED ALTERNATIVE
The purpose of this subtask is the selection of a preferred alternative.
EDAW will work in conjunction with City staff, MFA, and Ramseyer and Associates to refine
and select the preferred land use plan. Input from Task 2.0 will help refine and select the
preferred alternative. The selected plan will be refined, and will embody the final
recommendation on land use type, circulation, landscape and streetscape, recreation and open
space, and infrastructure improvements. The following will be accomplished:
1. EDAW will submit the draft alternatives concepts to the project team for comments.
2. EDAW will work with City staff and MFA to resolve any areas of difference.
3. All areas that cannot be resolved between City staff and the applicant will be outlined by
EDAW in a staff report to the Planning Commission and City Council.
4. A draft preferred alternative will be selected and refined based on Planning
Commission/City Council comments and the applicants concurrence. It will include:
• Land Use
• Circulation
• Recreation/Open Space
• Infrastructure
SUBTASK 3.2 INCORPORATE FINAL COMMENTS INTO PREFERRED
ALTERNATIVE
The purpose of this subtask is the incorporation of the project teams and Planning Commission/
City Council's final comments into the preferred alternative. In order to accomplish this, EDAW
will take the following actions:
1. EDAW will meet with the project team to prepare a staff report and attend a City Council
meeting to resolve final issues of concern on the draft preferred alternative.
2. EDAW will then incorporate final concerns into the preferred alternative.
3. The final preferred alternative concept will be utilized as the plan for public review and
consideration by the decision - makers.
()0()J .33
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 16
Work Products:
• Meeting with project team to review Draft Alternative Concepts generated in Task 2.0.
• Refinement of a Draft "Preferred" Alternative (prepared on AutoCad base).
• Preparation of a joint Planning Commission/City Council staff report.
• Meeting with City Council to resolve final issues on Draft "Preferred" Alternative (see
Task 7.3).
• Final "Preferred" Alternative (prepared on AutoCad base).
OM134
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 17
TASK 4.0 DEVELOPMENT OF SPECIFIC PLAN DOCUMENT
SUBTASK 4.1 ADMINISTRATIVE DRAFT SPECIFIC PLAN
The Specific Plan document will be prepared to a detailed level of planning and design that will.
be appropriate for the Specific Plan process and subsequent approval. The Specific Plan document
will describe in text and graphic format the character, location, intensity and type of development
and infrastructure improvements, and utility programs for the Specific Plan area.
The project team will propose design solutions to protect and maximize the natural landform and
vegetation features of the hillsides and will identify variations from the City's existing zoning
code. The design guidelines will play an important role in creating a cohesiveness within the
planning area that is also compatible with adjacent areas.
The Administrative Draft Specific Plan document will be prepared for review by City staff and
others deemed appropriate. The following is a general outline of items that will be included in
the Specific Plan document.
SPECIFIC PLAN
I. Summary
EDAW will prepare a condensed statement of the purpose, scope, and main ideas of the
specific plan.
II. Background/Introduction
EDAW will describe overall purpose and function of the specific plan.
2. EDAW will explain the planning process involved in developing the specific plan.
3. EDAW will describe the general planning context of the area.
4. EDAW will explain the existing conditions of the study area (e.g., ownership, land
use history, potential for change, and environmental constraints and opportunities.
III. Goals and Objectives
1. EDAW will identify appropriate goals and objectives for the specific plan.
2. EDAW will explain how these goals and objectives are consistent with the General
Plan and how the specific plan implements the General Plan.
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0:\ PROPOSAL \1995\5N12800 \95052595.RPT 18
IV. Development Plan
EDAW, in conjunction with MFA and Ramseyer and Associates, will prepare and describe the
development plan for inclusion in the Specific Plan. The plan will:
1. Determine the appropriate types, intensities, amounts, and locations of residential
uses, mixed uses, commercial uses, and public /institutional uses.
2. Identify the location of parks, open space, and related community facilities.
3. Develop a set of land use diagrams, maps and/or figures necessary to illustrate the
proposed plan.
V. Transportation/Circulation Plan
EDAW in conjunction with Austin -Foust will review and discuss the transportation/circulation
plan identified in the preliminary grading plan that will be prepared by MFA and Ramseyer and
Associates. The plan will:
1. Identify an internal circulation system that will support the land use plan.
2. Identify necessary ROW requirements.
3. Identify the necessary transportation improvements inside and outside the specific
plan area that will provide the traffic capacity for the proposed uses.
4. Identify linkages with existing and planned transit facilities.
5. Identify multi -use trails and pathways.
6. Develop transportation/circulation diagrams.
VI. Infrastructure Plan
EDAW, in conjunction with MFA and Ramseyer and Associates, will prepare and describe an
infrastructure plan for inclusion in the Specific Plan. The plan will:
1. Identify the sewer, water and storm drainage improvements.
2. Determine that facilities are required to serve the development.
3. Locate and size these infrastructure facilities on an infrastructure diagram.
VII. Community Facilities Plan
EDAW, in conjunction with Ramseyer and Associates, will prepare and describe a community
facilities plan for inclusion in the Specific Plan. The plan will:
0:\ PROPOSAL 1199515N12800195052595.RPT 19 o00136
1. EDAW will identify school, park, open space, library, fire service, and other
relevant community service needs
2. EDAW will determine the community service facilities needed to be located within
the specific plan area and include them in the land use plan.
VIII. Design Guidelines and Development Regulations
1. EDAW will identify permitted land uses and zoning regulations tailored to those
uses if different from City Zoning Code. The City development regulations and
zoning categories will be used as a starting point.
2. EDAW will identify overall urban design parameters for each land use.
• Provide preliminary plans sections and or elevations that illustrate the
approved design intent.
• Provide a wall and fencing concept plan at an appropriate scale (elevation
and material callouts of walls and fences).
3. EDAW will identify guidelines to ensure compatibility between land uses (e.g.,
between residential and commercial uses).
• Provide written text.
• Provide illustrations of grading techniques, landscape techniques,
architectural theme(s), walls, and other buffering techniques.
• Provide plans, sections, or elevations to illustrate design concepts.
• Provide an overall schematic illustrative diagram of the land plan. This
plan shall be a coordinated effort by all consultants and shall indicate the
general land uses and the relationships to the internal and adjacent land
uses; open space, residential, commercial, and institutional.
4. EDAW will develop transit, bikeway, and equestrian trail guidelines, as
appropriate.
• Provide plans to illustrate the design intent with dimensions and landscape
treatments as needed.
• Provide sections and elevations that illustrate the approved intent i.e.:
fencing, trail or bikeway construction specifications.
• Provide text, as needed, to accompany illustrations to describe the
approved design intent.
[ OWL-37
OA PROPOSAL \1995\5N12800 \95052595.RPT 20
5. EDAW will develop design guidelines for public facilities as necessary, i.e. typical
street lights, stop signs, landscape furniture, and fire hydrants.
6. EDAW will identify overall landscaping requirements including lists of
recommended species, streetscape recommendations, entry treatments, etc.
• Plant species lists.
• Slope planting, streetscape, and open space planting concepts.
• Plant list shall be native and drought - tolerant species that are compatible
with the local climate and soils.
IX. Implementation Measures
1. EDAW will identify Planned Development and Conditional Use Permit
requirements consistent with the City's Zoning ordinance.
2. Monitoring Program - Ramseyer and Associates, with assistance from EDAW, will
develop a monitoring program to track the progress of development, to assist in
determining budgetary needs for the Specific Plan area, and to identify when
certain public improvements must be provided. The monitoring program should
be designed to be administered, understood, and updated easily.
3. Capital Improvement Program
1. MFA and Ramseyer and Associates will estimate costs for the construction
and maintenance of the proposed infrastructure and public facilities.
2. MFA and Ramseyer and Associates will determine the phasing of these
improvements.
3. MFA and Ramseyer and Associates will identify sources of funding.
4. MFA and Ramseyer and Associates will identify responsible agencies for
completing improvements.
4. Financing Strategy
1. MFA will analyze a series of methods to finance project required'
infrastructure and community facilities.
2. MFA will develop a program for enacting financing methods.
5. Phasing Program
1. MFA and Ramseyer and Associates will identify a preferred phasing
schedule to implement the specific plan.
,>
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 21
2. MFA and Ramseyer and Associates will clarify the level of infrastructure
and other public improvements that should be provided in conjunction with
each phase of development to avoid fiscal and environmental impacts to
the City.
X. Specific Plan Administration
1. EDAW will explain the process for future development (e.g., General Plan
amendments, zoning, permits, etc.).
2. EDAW will explain any other actions that are necessary in order to implement the
Plan effectively.
3. EDAW will discuss Specific Plan amendment and enforcement procedures.
XI. Appendices
1. Ramseyer and Associates will provide the Legal Description.
2. EDAW will provide the required General Plan Consistency Analysis.
3. EDAW will provide the required Findings to establish linkages between
environmental documentation, general plan consistency, and the specific plan
document.
SUBTASK 4.2 FINAL DRAFT SPECIFIC PLAN
EDAW will incorporate comments from appropriate City staff members into the Final Draft
Specific Plan. The Final Draft Specific Plan will be distributed to the public with the Draft EIR
as specified in Subtask 5.5.
SUBTASK 4.3 FINAL SPECIFIC PLAN
EDAW will prepare a Final Specific Plan based upon direction from the Planning Commission
and City Council.
Work Products:
• Five (5) copies of the administrative draft Specific Plan.
• Five (5) copies of the draft Specific Plan revised in response to comments from the City
for review prior to printing.
• One hundred (100) copies of the complete draft Specific Plan for distribution with the
EIR (see Task 5.5).
• One (1) unbound reproducible original of the draft Specific Plan.
00013
0:\ PROPOSAL \1995 \5N12800 \95052595.RPT 22
TASK 5.0 PREPARATION OF ENVIRONMENTAL IMPACT REPORT
SUBTASK 5.1 INITIAL STUDY/NOTICE OF PREPARATION (NOP)
Upon completion of Task 3.0, EDAW will prepare a Notice of Preparation (NOP) and Initial
Study to evaluate the environmental effects of the Moorpark Specific Plan #2 project. The
NOP/Initial Study will be prepared in accordance with City and State CEQA procedures. The
NOP/Initial Study will be comprised of a Environmental Analysis Checklist and Explanations/
Discussion of the Environmental Analysis Checklist. The results of the NOP/Initial Study will
be reviewed with staff. Comments will be incorporated and a Final NOP/Initial Study will be
prepared.
EDAW will use the following approach in preparing the NOP and Initial Study:
1. EDAW will prepare an Initial Study, according to CEQA requirements, the State CEQA
Guidelines (Section 15063), and procedures of the City of Moorpark (Resolution No. 92-
872). 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 vs. County of Inyo (1985) and Sundstrom vs. 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 upon 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
meeting (see Task 7.3).
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 for 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 draft Initial Study, the final Initial Study will be revised for
distribution by EDAW with the Notice of Preparation and State Clearinghouse Notice of
Completion form.
Work Products:
• Five (5) copies of the draft Initial Study.
• One (1) reproducible copy of the final Notice of Preparation and Initial Study.
• One (1) State Clearinghouse form.
000140
0:1 PROPOSAL11995 15N12800195052595.RPT 23
SUBTASK 5.2 DISTRIBUTION OF NOP
EDAW will prepare the NOP and distribute it to the mailing list approved by the City of
Moorpark. The Initial Study will be 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 be involved in approval of the project. A draft of the NOP will be
provided for review and approval by City staff prior to distribution.
Work Products:
Fifty (50) copies of the Notice of Preparation/Initial Study, mailed to local, Federal,
Responsible, and Trustee agencies, and other interested agencies /individuals.
Ten (10) copies of the Notice of Preparation mailed to State and Regional Clearinghouses.
SUBTASK 5.3 EVALUATE NOP RESPONSES AND REFINE SCOPE OF WORK
After receipt of Notice of Preparation responses, EDAW will identify issues for which no
significant impacts will occur (to be described as effects found not to be significant in the EIR)
and identify potentially significant impact topics, discussed during the scoping process, that will
require further evaluation in the EIR. A memorandum will be submitted to the City of Moorpark
summarizing issues identified in the scoping process, and suggestions to the project scope if
deemed necessary. EDAW will attend a meeting with the City Council at the close of the NOP
comment period. It is not anticipated that the scope of work and budget proposed in this
document would require augmentation beyond the contingency.
Work Products:
Five (5) copies of a memorandum suggesting refinements, if needed, to the scope of work,
the schedule, and the budget for the EIR, based upon the results of the scoping process,
subject to approval by the City of Moorpark.
Attendance at City Council meeting (see Task 7.3).
As stated above, the level of required environmental documentation associated with the Specific
Plan will not be known until potential impacts are identified during the planning and EIR scoping
process. It is the intent of our project team to have a specific plan developed that mitigates
potential identified impacts through its overall design and specific development standards.
Through the preparation of the Specific Plan, potential impacts will be identified. The level of
those impacts shall determine the mitigation measures and design concepts that will be
incorporated into the Specific Plan. Those areas of impact that cannot be mitigated through actual
Specific Plan design concepts will be addressed in detail within the EIR. EDAW will utilize
knowledge of the specific environmental issues gained throughout the development of the Specific
Plan and past experience in preparing Initial Studies to focus the scope of the EIR.
SUBTASK 5.4 ADMINISTRATIVE DRAFT ENVIRONMENTAL IMPACT REPORT (EIR)
EDAW will prepare an Administrative Draft EIR for City staff review. Upon staff review,
EDAW will incorporate all City staff comments into the Draft EIR. Once the Draft EIR is
complete, EDAW will prepare the Notice of Completion (NOC) for distribution to the State
Clearinghouse, public, and Responsible /Trustee Agencies.
O:\PROPOSAU1995\5N 12800 \95052595.RPT 24 tL11A41
The EIR will address the full range of environmental topics required by the California
Environmental Quality Act (CEQA). The document will be prepared in accordance with the
California Environmental Quality Act of 1970 as amended, State Guidelines for the
Implementation of the California Environmental Quality Act of 1970 as amended. The following
pages include brief descriptions of each section of the EIR discussing the general contents, the
key issues that will be addressed and at what level of detail, and the methodology and
assumptions to be used in our analyses.
INTRODUCTION
This section will describe briefly the location and general characteristics of the project, the
purpose of the EIR, and the format and content of the EIR.
SUMMARIES
We will provide three (3) summaries at the beginning of the EIR. These summaries are the
Executive Summary, Project Summary, and Alternatives Summary. Each summary is described
below.
Executive Summary
EDAW will provide an Executive Summary of the EIR in accordance with CEQA Guidelines.-
The Executive Summary will afford the casual reader of the EIR an opportunity to understand
the project and its implications. The Executive Summary will include:
• Project Description (with illustrations)
• Applicant, Lead Agency, Responsible Agency Data
• Narrative Summary Impacts, Mitigation, and Levels of Significance
• Narrative Summary of Alternatives
Project Summary of Impacts Mitigation Measures and Level of Significance
The second summary will provide a tabular summary of all potential impacts of the project,
recommended mitigation measures, and the resulting level of significance.
This summary will list the cumulative impacts of this project as well as specific project related
impacts. These impacts will be called out separately so that the reader may understand the effects
of both the project and other development that is occurring in surrounding areas.
Summary impact
Summary of Mitigation
• Level of Significance
0:\PROPOSAL \1995 \5N12800 \95052595.RPT 25
Summary of Alternatives to the Proposed Project
The third summary will provide a comparison of the impacts of all alternatives to the proposed
project. The summary of alternatives will be of critical importance to the proposed project. It is
intended that this alternatives summary provide decision - makers with a ready reference to the
project and its alternatives. This summary in tabular format will provide the following data:
Alternative Descriptions (General)
Whether Alternative is Under Consideration
Whether Alternative is Superior to the Project
PROJECT DESCRIPTION
This section will describe the location and the characteristics of the proposed development
including planned urban land uses, open space dedications, circulation system infrastructure
improvements, phasing, and other important components of the Specific Plan. It will also identify
key contacts, define the objectives of the project as proposed by the City, and list the required
discretionary actions.
History of Project
The section will also provide a history of the approval process for the Specific Plan #2 project.
It will discuss past planning activities as they relate to the Specific Plan. This will be prepared
with text, maps, charts, and graphs. Additionally, the section will provide the proper citations for
past environmental documents related to the project site (i.e. General Plan EIR) and their
incorporation by reference into the EIR.
The incorporation by reference of environmental documents will be accomplished in accordance
with Section 15150 of the State CEQA Guidelines. The incorporation will include where the
information is available for public review and inspection, a summary of data incorporated, and
the relationship of the information to the project.
It is intended that this section provide the reader with a complete knowledge of the planning
content of the project. The section will also serve as a base for future analysis of the project. We-
will use the following procedures:
1. EDAW will discuss past planning activities as they relate to the proposed Specific
Plan.
2. The section will provide the proper citations for past environmental documents
related to the project site and their incorporation by reference into the EIR based
upon information received from the City and in Subtask 1.3.
3. The incorporation by reference of environmental documents will be accomplished
in accordance with Section 15150 of the State CEQA Guidelines. The
incorporation will include, where the information is available for public review
and inspection, a summary of data incorporated, and the relationship of the
information to the project.
�1pK1�.�i3
0: \PROPOSAL11995 15N12800\95052595.RPT 26
4. The section will provide the reader with a complete knowledge of the planning
content of the project. The section will also serve as a base for future staff analysis
of the project.
DESCRIPTION OF CITYWIDE AND REGIONAL LAND USES RELATING TO THE
PROJECT
Citywide - City of Moorpark
The section will list and illustrate the location of approved and proposed projects within the City
of Moorpark. This section will focus on the recently approved or proposed projects of a similar
scale and character. Overall, the section will provide the basis for the analysis of cumulative
impacts of the project in conjunction with recently approved and proposed projects.
It is intended that the section provide the reader with the information necessary to understand the
position of each component of the development request within its local environment. At the same
time, this section will provide data necessary to understand their importance in the subregional
and regional perspective.
Regional - Ventura County and City of Simi Valley
The section will list and illustrate the location of approved and proposed projects within the
regional area including the County of Ventura and City of Simi Valley. This section will also
focus on the past, present, and reasonably foreseeable future projects of a similar scale and
character. Overall, the section will provide a further basis for the analysis of cumulative impacts
of the project in conjunction with approved and proposed projects.
It is intended that the section provide the reader with the information necessary to understand the
position of each component of the development request within its regional environment. At the
same time, this section will provide data necessary to understand their importance in the regional
perspective.
1. EDAW staff will coordinate with the City to obtain a list of current projects in the
City.
2. EDAW will also contact in writing the County of Ventura and City of Simi Valley
to obtain a list of projects for which applications have been filed.
3. EDAW will review the master list of projects with the City Community
Development Department.
4. The correspondence with the County and adjacent City will be carefully
documented and included in Appendix A to the Draft EIR. This Appendix will.
document all public participation and review of the Draft EIR.
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 27
5. The section and master list of projects will provide a further basis for the analysis
of cumulative impacts of the project in conjunction with approved and proposed
projects.
ENVIRONMENTAL SETTING, IMPACTS, MITIGATION MEASURES, AND LEVELS
OF SIGNIFICANCE
This section (that is considered the main body of the EIR) will describe the existing
environmental setting for the study area. The section will also analyze all potential impacts and
recommended mitigation measures related to the project. Each impact section will discuss project -
specific impacts, cumulatively significant impacts, and secondary or growth- related impacts
(where applicable). EDAW will use the state CEQA Guidelines and/or local policies to establish
thresholds of significance in each impact area. A full range of mitigation measures will be
discussed and evaluated for feasibility and effectiveness. Following the discussion of impacts and
mitigation measures, the resulting level of significance will be stated.
As identified previously in Subtasks 5.1 and 5.3, preparation of the NOP/Initial Study will
determine the scope of analysis for the EIR. The following environmental topics have the
potential for being addressed by the EIR unless some issues are focused out through the
NOP/Initial Study or by Specific Plan development guidelines. We feel that development under
a "worst- case" condition will necessitate analyzing this list of topics. These will be discussed to
the level of detail necessary in the EIR.
• Land Use
• Socioeconomic
• Transportation/Circulation
• Air Quality
• Noise
• Geology and Soils
• Hydrology and Drainage
• Aesthetics
• Biological Resources
• Cultural Resources
• Public Services and Utilities
As stated above, each environmental topic will be addressed in the following manner:
SETTING
IMPACTS
MITIGATION MEASURES
LEVEL OF SIGNIFICANCE
Significant/Insignificant
Project
Cumulative
0:1 PROPOSAL %1995\5N12800195052595.RPT 28 OKM45
Land Use
Issue:
It is anticipated that the project will have a significant impact on land use. The Land Use Section
will address General Plan consistency, land use compatibility including any potential land use.
conflicts with agricultural operations, and will recommend mitigation measures where appropriate.
The affect of the proposed development on other land uses in the area will need to be addressed.
The following steps will be taken:
1. EDAW will discuss the relationship and consistency of the proposed project to all
applicable City and County Plans and Policies. As part of the General Plan consistency
analysis, EDAW will prepare exhibits showing the revisions needed to the maps in the
Moorpark General Plan. Based upon present information, the project will be analyzed for
consistency with the following documents: City and County General Plans and City and
County Zoning and County Guidelines for Orderly Development and the SCAG Regional
Comprehensive Plan.
2. The land use section will contain a summary of a more detailed examination of
consistency with the City's housing element, also to be addressed in the Socioeconomic
section. The relationship of the project today, City growth management ordinance, or
General Plan policies, will be described also. The background and status of any adopted
or proposed growth management ordinance will be fully described.
3. We will include a discussion of the general land use patterns adjacent to the Specific Plan
area. An existing land use map will be presented in the EIR. The existing and planned
land uses including information from the General Plans will be described as well as
development trends. Existing, approved, and proposed developments will be referenced
from the "Citywide and Regional Land uses Related to the Project" section. The
cumulative effects of existing uses, approved projects, major buildings under construction,
planned projects with formal application, known projects and the proposed project will
be evaluated.
4. We will address the Land Use Compatibility affect of the proposed development on other
land uses in the area. The overall affect of the proposed project on the general character
of the area will be evaluated. The change in land use patterns and potential impacts
associated with the proposed specific plan land uses will be assessed.
5. EDAW will define all potential project- specific and cumulative land use impacts.
6. Existing City policies and requirements related to the defined land use impacts will be
stated.
7. Mitigation measures proposed in the Specific Plan for any land use impacts will be
indicated.
lot
0:\ PROPOSAL \1995 \5N12800\95052595.RPT 29 MUD
In addition to existing City policies and requirements, and those proposed in the Specific
Plan, EDAW will work with the City staff to develop additional mitigation measures for
land use impacts where necessary.
9. EDAW will define the level of significance for each project - specific and cumulative land
use impact.
Socioeconomic
Issue:
EDAW will evaluate the potential project specific and cumulative impacts on socioeconomics.
A summary of existing and projected population, employment, and housing figures will be
presented, based upon 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 impact analysis will assess direct and indirect impacts of the project population on
employment conditions, population levels, and on the housing stock within the City. The
following steps will be taken:
1. 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.
2. SCAG has job/housing balance targets for each of the 24 planning subregions defined by
SCAG. The impact of the project on meeting the job/housing target ratio for the subregion
will be discussed.
3. 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.
4. EDAW will define all potential project specific and/or cumulative socioeconomic impacts.
5. Existing City and proposed Specific Plan policies and requirements related to the defined
impacts will be stated.
6. EDAW will develop additional mitigation measures for identified impacts where
necessary.
7. Based upon existing City and proposed Specific Plan policies and requirements, EDAW
will define the level of significance for each project specific and cumulative impact
identified through the above steps.
oU (J1.4'7
0:\PROPOSAL \1995 \5N12800\95052595.RPT 30
Transportation /Circulation
Issue:
EDAW will summarize the comprehensive transportation/circulation study prepared for the project
by AustinFoust Associates (AFA). The traffic analysis will address roadway and intersection
impacts, internal circulation, provision of primary and secondary access, traffic safety, etc. AFA
will follow the City's Traffic Study Guidelines. A complete scope of their services is contained-
in Appendix C. The traffic impact analysis will consist of preparing a report that accomplishes
the following:
AFA will verify the land uses in the City's traffic model. The General Plan traffic
study included assumptions with respect to land uses in the Specific Plan #2 area.
Since the traffic zone boundaries are not in all cases coincidental within the
Specific Plan area, the traffic model data will need to be reconciled with the
proposed project land uses.
2. AFA will identify trip generation, distribution, and intersection impact analysis
associated with the land use and circulation plan. Traffic conditions will be
analyzed for both a short-range and a long -range setting. Short-range conditions
based upon the year 2000 version of the City's traffic model will be analyzed for
two land use settings (typically with and without a first phase of the project), and
long -range (year 2010) traffic model forecasts will be used to analyze conditions
with and without full development of the proposed project. In addition, up to two
short-range circulation alternatives and up to three long -range circulation
alternatives will be examined.
3. AFA will address special circulation issues, such as future new roadways (Spring
Road extension, SRI 18, and SR -23), and the relationship between the Specific
Plan area and General Plan circulation element.
4. AFA will review the local circulation system. Subject areas to be addressed will
include access, signalization, and safety.
5. EDAW will state all existing City and proposed Specific Plan policies and
requirements related to traffic impacts.
6. EDAW, in conjunction with AFA, will develop mitigation measures.
7. Based upon existing City and proposed Specific Plan policies and requirements,
EDAW will define the level of significance for each project specific and
cumulative impact.
O:\ PROPOSAL \1995\5N12800 \95052595.RPT 31 v 00IL48
Air Quality
Issue:
The proposed project will have the potential to impact air quality. EDAW will conduct an air
quality analysis addressing the impact of the proposed Specific Plan on ambient air quality and
the exposure of people to pollutants. The study will be based upon the traffic volumes provided
in the traffic study (prepared by Austin -Foust Associates) and levels of proposed development.
The air quality study will contain both an analysis of mobil and stationary source emissions on
air quality attainment planning within the air basin. The assessment will be consistent with the
Ventura County Air Pollution Control Board's Guidelines for the Preparation of Air Quality
Impact Analysis.
Air quality impacts from land use may occur at two levels: regionally and locally. We will
discuss if increased traffic will create area -wide vehicular emissions not currently anticipated
within the regional air quality planning process. We will take the following steps:
1. EDAW will conduct an air quality analysis estimating area -wide smog precursor
emissions hydrocarbons and oxides and nitrogen) for the project and the
alternatives. This analysis will be prepared in conformance with the Ventura
County Air Pollution Control District's Guidelines for the Preparation of Air
Quality Impact Analyses. The air pollutants of most concern in Ventura County
are ozone and particulate matter. Accordingly, the analysis will place particular
emphasis on emissions of reactive organic compounds (ROC) & oxides of nitrogen
(NOX).
2. The local atmospheric setting will be characterized based upon available climatic
data and on Ventura County Air Pollution Control District (VCAPCD) air quality
monitoring summaries.
3. Air emissions associated with use of the completed proposed project will be
assessed using California Air Resources Board (CARB)- approved models including
the Air Resources Board Model Urbemis 3. Regional air quality impacts of the
proposed project will be compared to the air standard attainment status of the
individual pollutants to determine the significance of the impact of the project.
4. Stationary source emissions associated with project natural gas and electrical
consumption will be estimated based upon available information provided by the
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.
5. Temporary construction impacts, including to fugitive dust emissions from
roadway construction and from cut and fill operations will be evaluated.
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.
0:\ PROPOSAL \1995\5N 12800 \95052595.RPT 32
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.
6. Conformity with the Ventura County Air Quality Management Plan (AQMP) will
be assessed as required by Section 3 of the VCAPCD Guidelines based upon 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.
7. Along with existing City and proposed Specific Plan policies and requirements,
EDAW will develop additional mitigation measures for air quality impacts. We
will consult with the VACPCD to formulate a reasonable and feasible mitigation
program for the project.
Based upon existing City and proposed Specific Plan policies and requirements
and consultant proposed mitigation measures, EDAW will define the level of
significance for each project - specific and cumulative air quality impact.
Noise
Issue:
The proposed project will be impacted by vehicular noise and will add to existing noise. EDAW
will perform an acoustical engineering analysis of the proposed project. The study will identify,
describe, and evaluate noise sources and potential noise conflicts on noise - sensitive uses resulting
from implementation of the proposed Specific Plan. The potential noise impacts of the project
will be divided into short-term construction noise, long -term traffic noise, impacts on surrounding.
land uses, and on -site land use compatibility. The Highway Noise Prediction Computer Program
will be used by EDAW to perform this analysis. The model is designed to predict Community
Noise Equivalent Level (CNEL) noise levels generated by constant speed highway traffic. The
program is based primarily on the Federal Highway Administration (FHWA) Highway Traffic
Noise Prediction Model. Like the FHWA model, the computer program predicts noise levels
through a series of adjustments to a reference energy mean emission level. Such adjustments
include traffic flow (speed and volume), distance, and shielding. EDAW will complete the
following steps:
1. EDAW will divide the potential noise impacts of the project into short-term
construction noise, long -term traffic noise, impacts on surrounding land uses, and
on -site land use compatibility.
2. EDAW will use the FHWA highway noise model ( "FHWA Highway Traffic Noise
Prediction Model," FHWARD -77 -108) to describe existing noise levels in the
project vicinity. Community noise standards relevant to this project are contained
in the City of Moorpark Noise Element of the General Plan. The standards will
be summarized and their relevance to the project discussed.
0APROPOSAL \1995 \5N12800 \95052595.RPT 33 00015,10
3. EDAW will determine the increase in noise levels that are caused by the project -
by utilizing the FHWA highway noise model in conjunction with the future project
and cumulative traffic volumes from the Austin -Foust Associates traffic study.
Areas that will experience a significant noise increase will be identified and the
resulting land use /noise compatibility will be discussed according to City of
Moorpark criteria.
4. If requested by City staff, sample measurements of ambient noise will be taken by
Gordon Bricken and Associates. Noise levels will be recorded at locations along
roadways in the adjacent residential neighborhoods. EDAW will preliminarily
identify the locations that would be most impacted by increases in roadway noise
using the AFA traffic analysis. These locations will be submitted to the
Community Development Director for review and approval. Costs associated with
the measurements are provided in Section VI.
5. Along with existing City and proposed Specific Plan policies, EDAW will develop
mitigation measures for noise impacts. The mitigation program will be directed
towards short-term construction noise and long -term noise levels resulting from
increases in traffic volumes. Phasing of road improvements and other mitigation
measures will be evaluated for noise impacts.
6. Based upon existing City and proposed Specific Plan policies and requirements,
EDAW will define the level of significance for each project - specific and
cumulative noise impact.
Geology and Soils
Issue:
The proposed project will have an impact on geology and soils. EDAW will utilize the report to
be prepared by Pacific Soils and the Slope Analysis to be prepared by Ramseyer and Associates
to evaluate this impact. EDAW will summarize the Pacific Soils report and indicate whether the
proposed Specific Plan will expose people or structures to major geological hazards, and major
seismic hazards. EDAW has assumed that the Pacific Soils report will address major geological
hazards: subsidence, expansive soils, landslide potential, and other potential hazards associated
with geologic and soil conditions such as the potential for wind or water erosion. We have
assumed the Pacific Soils report will also address major seismic hazards: fault rupture, ground
shaking, liquefaction potential, and other seismic activity hazards. A peer review of the Pacific
Soils study will be performed by the City Geologist (Bing Yen). Additionally, EDAW, with
assistance from Ramseyer and Associates, will evaluate the Specific Plans potential for
modification to major landforms, grading of hillside areas (with special emphasis on intrusion into
20 percent greater slope areas). We will accomplish the following:
1. Based upon the Pacific Soils report and peer review performed by Bing Yen and
the Slope Analysis to be prepared by Ramseyer and Associates, EDAW will define
all potential project specific and/or cumulative soils /geology impacts.
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 34 `.03clu
2. Specific Plan policies and requirements related to the defined soils /geology
impacts will be stated.
3. Mitigation measures proposed by the Specific Plan for the soils /geology impacts
will be indicated.
4. Based upon existing City and proposed Specific Plan policies and requirements
and consultant proposed mitigation measures, EDAW will define the level of
significance for each project - specific and cumulative impact.
Hydrology and Drainage
Issue:
The proposed project may have an affect on on -site and off -site drainage patterns. Drainage may
also affect downstream water quality. This section will analyze flood hazards, increases in peak
run -off, groundwater contamination, stormwater management and flood control improvements
required to service the stages of development in the specific plan area based upon technical
information provided by the applicant's engineer and other available sources. This section of the
EIR will be prepared in consultation with the City Engineer and the County Public Works
Agency to assure that the proposed on -site retention design will be feasible and acceptable. We
will accomplish the following:
Ramseyer and Associates will prepare a data base for the existing on -site
hydrological conditions and proposed storm drain system.
2. Major drainage areas, system components, discharge points, and disposal areas will
be plotted by Ramseyer and Associates.
3. An initial meeting will be held at the County to review the proposed plan with
County flood control planning staff (and the City Engineer, if available). The
applicant's engineer should also attend this meeting to answer questions and
respond to agency comments.
4. Following this meeting, if assumptions used in the analysis or other agency
critique suggest that any recomputation or redesign is necessary, the applicant's
engineer will need to complete any design refinements, respond to questions and
concerns, and, if necessary, recompute the hydraulics for the project.
5. Once the Flood Control District determines that the design is acceptable, EDAW,
in association with the City Engineer and Ramseyer and Associates, will define all
potential project- specific and/or cumulative hydrological impacts including changes
in absorption rates, drainage patterns and amount of surface runoff. The impact
assessment will also include: modifications to surface water quantity and quality
resulting from residential uses, net increases in impermeable surfaces, flooding
potential and downstream effects, erosion, siltation and changes to downstream
water bodies, creeks, and rivers, potential FIRM map revisions, effects related to
0:\PROPOSAL \1995 \5N 12800 \95052595.RPT 35 V qJ ()l
regulation of reclaimed water use, retention of biological values in blue line
streams (to the degree feasible). While the County Flood Control District holds
ultimate permit authority over any proposed improvements, an effort will be made
to achieve flood control solutions that will emphasize retention of biological
values.
6. EDAW will state all existing City and proposed Specific Plan policies and
requirements related to the defined hydrological impacts.
7. EDAW, in association with Ramseyer and Associates and the City Engineer, will
develop additional mitigation measures for drainage /flooding impacts.
8. Based upon existing City and proposed Specific Plan policies and requirements,
EDAW will define the level of significance for each project - specific and
cumulative drainage impact.
Aesthetics/Light and Glare
Issue:
The proposed project will have an aesthetics /light and glare impact. A visual analysis (including
grading, shade /shadow, and light and glare) of the proposed project will be prepared for both on-
and off -site surrounding areas. The primary standards used to evaluate the visual resource impacts
of the project will be Federal Visual Resource Management Guidelines and professional standards
for visual resource analysis. A line -of -sight analysis utilizing site photos and cross sections will
also be prepared to clarify the impact discussion. The existing conditions and relationship to
future land uses will be evaluated. Specific Plan land use densities and intensities will be utilized
to determine form and mass to the maximum extent possible. Light and Glare impacts of the
project as they relate to Land Use will be analyzed. EDAW will accomplish the following:
The existing conditions of the project site and relationship to future land uses will
be evaluated. .
2. A visual analysis of existing conditions will be developed. A visual sensitivity
diagram will be made from a photographic inventory of all significant visual
corridors. The existing setting and potential impacts resulting from the buildout
of the Specific Plan will be developed. This will include a discussion of the
potential for visual intrusion into private yard areas of residential developments.
3. Visibility of project from designated scenic highways, public trails, and public
viewpoints will be addressed.
4. We will assess impacts from alteration of unique landform features including
ridgelines defined as scenic resources in the Moorpark General Plan (Visual
Horizon Lines) and will address consistency with the City's Hillside Grading
Ordinance.
O:\ PROPOSAW995 \5NI2800 \95052595.RPT 36 � ��
5. A series of photos of the sites and adjacent land uses will be provided and
analyzed. Photographic perspectives will include selected key locations. Impacts
will be assessed in terms 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 upon photo's and cross sections from
key viewpoints. If deemed necessary by the Community Development Director,
a three- dimensional AutoCad rotation of the impact of the project on essential
ridgelines will be prepared (depending on the type of topographic detail available
on AutoCad from the applicant's engineer). The three - dimensional AutoCad
exhibits have not been budgeted for at this time.
6. Nighttime lighting and glare impacts to the Moorpark College observatory and
adjacent open space areas (including Happy Camp Canyon Regional Park) will be.
assessed. EDAW will consult with the college on the level of lighting acceptable
for operation of the observatory.
7. The proposed project will be evaluated for compliance with the goals, policies, and
objectives of the City of Moorpark.
8. EDAW will define all potential project- specific and/or cumulative aesthetic
impacts.
9. Specific Plan policies and requirements related to the defined aesthetic impacts
will be stated.
10. Along with Specific Plan policies and requirements, EDAW will develop
additional mitigation measures for aesthetic impacts. Specifically, the mitigation
measures will address height, bulk, setback, building materials /color, and
landscaping of specific project and view corridors.
11. Based upon existing City and proposed Specific Plan policies and requirements
and consultant proposed mitigation measures, EDAW will define the level of
significance for each project- specific and cumulative aesthetic impact.
Biological Resources
Issue:
The proposed project has the potential to impact existing biological resources. Mr. Steve Nelson
of MBA is currently evaluating biological resources on the site that includes a spring survey. L.
Newman Design Group and biologist Mr. Frank Hovore will conduct a peer review of this
biology study. L. Newman Design Group will also prepare a tree study consistent with City Code
requirements. Their full scope is included in Appendix B. The peer review of the biology study
and the tree assessment will be implemented through the following steps. This information will
then be incorporated into the EIR by EDAW.
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 37 SJ.i.
1. L. Newman Design Group will tag all trees that meet the specification for a tree
survey per the ordinance.
2. L. Newman Design Group will assess each tree as to its health and general
aesthetic appearance based upon standard horticultural practices.
3. L. Newman Design Group will provide a matrix that describes each tree.
4. L. Newman Design Group will provide a map with the approximate location of
the trees.
5. L. Newman Design Group will provide values for all tress that may have to be
removed. The value system will be based upon I.S.A. and the California Council
of Tree Appraisers' current standards.
6. L. Newman Design Group will provide sixteen (16) hours of time for meetings
with the City staff.
7. The ordinance requires that all trees of value within a proposed development be
surveyed horizontally and vertically within one foot (this work needs to be under
separate contract with a registered surveyor) at a later stage of development.
8. L. Newman Design Group and biologist Mr. Frank Hovore shall review the MBA
biological report for completeness and accuracy.
9. L. Newman Design Group and biologist Mr. Frank Hovore shall provide time to
conduct a cursory field survey in order to determine accuracy.
10. L. Newman Design Group and biologist Mr. Frank Hovore shall provide broad
assessment of habitat and resource values present on site and of the habitat and
resource suitability for use by migratory wildlife.
11. L. Newman Design Group and biologist Mr. Frank Hovore shall check for the
Biologist's data as it relates to corridor values.
12. L. Newman Design Group and biologist Mr. Frank Hovore shall review
information and the site as it relates to potential sensitive species of plants and
animals including those listed on proposed State and Federal Resource Agencies.
13. L. Newman Design Group and biologist Mr. Frank Hovore will check for
technical accuracies of species lists.
14. L. Newman Design Group and biologist Mr. Frank Hovore will prepare a written.
analysis of the Biota Report for the public agencies review and input.
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0: \PROPOSAL11995\5N12800 %95052595.RPT 38
15. EDAW will compile data into a narrative description of general habitat conditions,
vegetative communities, wildlife populations, sensitive species, and other
biological resources. Maps delineating vegetative communities and sensitive
resources will be prepared. These maps will be prepared on AutoCad, if the
biological resource information is available in this format.
16. EDAW will define all potential project - specific and cumulative biological resource
impacts.
17. Along with proposed Specific Plan policies and requirements, EDAW will develop
additional mitigation measures for biological impacts. The mitigation planning will
be done in close consultation with the managing wildlife entities that will have
some authority over the project (Department of Fish and Game and Fish and
Wildlife Service).
18. Based upon proposed City policies and requirements and consultant proposed
mitigation measures, EDAW will define the level of significance for each project -
specific and cumulative impact.
Cultural Resources
Issue:
The proposed project has the potential to impact significant archaeological resources. RMW Paleo
Associates will prepare an cultural resource study (archaeological, historical, and paleontological)
for the Specific Plan. EDAW will summarize the Cultural Resources Report and incorporate it
into the EIR. BMW's entire scope of work is provided in Appendix D. This assessment will
encompass the entire project study area and identify any resources that could be affected by the
proposed Specific Plan implementation. The study will include a complete literature and records
review, surface reconnaissance, consultation with local information repositories, and report
preparation. The following steps will be taken.
1. RMW will perform records checks at the California Regional Archaeological
Information Center, University of California, Los Angeles.
2. RMW will perform a field survey that will involve intensive pedestrian survey and
standard site recordation procedures on the entire Specific Plan area. The cost for
surveying the property is based upon the assumption that an average of 44.50 acres
per day will be surveyed.
3. If the records check indicates that previous surveys have been conducted within
the project limits, then those portions will be reevaluated in the field. All
previously recorded sites will be inspected and site records will be updated and
any new sites will be recorded. If significant archaeological resources are
identified, their importance and location will be discussed. A map will be included
showing the location of archaeological sites and sensitivity areas.
;1516
O:\PROPOSAL \1995 \5N 12800\95052595.RPT 39
4. A report will be prepared by RMW detailing the findings of previous work done
on and near the property and the results of the field survey.
5. RMW will also review the paleontological locality records of institutions having
knowledge of the region. Based upon this research, those areas identified as
requiring a field examination will be surveyed for fossil resources.
6. Upon completion of the survey, a report detailing the finding of the research and
survey will be prepared by RMW. This report will include a map identifying
recorded fossil occurrences and delineating areas where significant paleontological
resources may be present in the subsurface.
7. Proposed Specific Plan policies and requirements related to archaeological
resources impacts will be stated by EDAW.
8. Along with proposed Specific Plan policies and requirements, RMW will develop
additional mitigation measures for cultural resources impacts.
9. Based upon existing City and proposed Specific Plan policies and requirements
and consultant proposed mitigation measures, EDAW will define the level of
significance for each project specific and cumulative impact.
Public Services and Utilities
Issue:
The proposed project has the potential to have a significant impact on existing and proposed'
public services and utilities. EDAW will contact, in writing and over the telephone, all utility and
public service agencies providing service to the proposed project. 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 will also be described in the EIR. Special attention will be paid to the ability of each
utility to serve the project. EDAW will, at a minimum, contact the service /utility purveyors
provided below. EDAW will also gain input from Ramseyer and Associates on sewer and water.
• Fire Protection (including wildlife hazards)
• Police
• Schools
• Library
• Parks and Recreation
• Natural Gas
• Electricity
• Sewer/Wastewater
• Water
• Solid Waste Disposal
• Medical
• Telephone and Cable T.V.
0001,57
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 40
1. Each public service will be analyzed individually for existing conditions.
2. The location of existing facilities and their capacity to serve the proposed project
will be discussed.
3. Where applicable, generation factors, and resulting calculations will be provided.
4. EDAW will define all potential project specific and/or cumulative impacts for each
service or utility.
5. Existing City and proposed Specific Plan policies related to the defined impacts
will be stated.
6. Along with existing City and proposed Specific Plan policies and requirements and
applicant proposed mitigation measures, EDAW will develop additional mitigation
measures for public services and utilities impacts.
7. Based upon existing City and proposed Specific Plan policies and requirements,
applicant proposed mitigation measures, and consultant proposed mitigation
measures, EDAW will define the level of significance for each project - specific and
cumulative public service and utility impact.
ALTERNATIVES TO THE PROPOSED PROJECT
The alternative section will be prepared to meet the objectives of the CEQA Guidelines by
addressing a reasonable range of alternatives to the project as proposed. The section will also be.
consistent with recent CEQA litigation on this topic. The Summary of Alternatives presented at
the beginning of the EIR will provide a comparative analysis of each alternative in a tabular
format. This summary will present the defined alternatives and their respective impacts. The
Alternatives section will describe each alternative and discuss whether it has been rejected from
further consideration. EDAW will evaluate alternatives that may eliminate or reduce to a level
of insignificance, any significant adverse impacts associated with the project. The analysis of
alternatives to the proposed project will include: two (2) No Project Alternatives (1. NO Project -
NO Development and 2. Development based on RA -10 ac., RE -5 ac. existing zoning),
Alternative Location Alternative, and up to three (3) other alternatives as determined by the City
Council following receipt of the NOP comments. We anticipate that there will also be up to six
(6) circulation variations that will be analyzed in the EIR. The variations which are determined
by AFA to be viable options from a traffic standpoint will be analyzed. Those which are
determined to be infeasible, will be dismissed with an explanation.
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. If the environmentally- superior alternative
is the no- project alternative, the EIR will also identify an environmentally - superior alternative
among the other alternatives.
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 41 V V V Ian N
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.
LONG -TERM IMPLICATIONS OF THE PROPOSED PROJECT
This section will analyze: Significant Irreversible Changes That Would be Involved in the
Proposed Action Should It Be Implemented; and the Growth- Inducing Impacts of the Proposed
Action.
Significant Irreversible Environmental Changes That Would Be Involved In the Proposed
Action Should It Be Implemented
Approval of the development project will irreversibly commit the sites to urban uses. EDAW will
evaluate the impact of the project and indicate any actions that represent significant irreversible
environmental changes. This will be discussed within this section of the EIR.
Growth - Inducing Impacts of the Proposed Action
A critical discussion will be that of the Growth- Inducing Impacts of the proposed action. The
project represents a change in land use. It further represents a new functional relationship with
adjacent land under the jurisdiction of the County of Ventura. The implementation of the project
will signal the need for additional governmental services and other facilities in the community.
This section will indicate the overall and site - specific, growth- inducing impacts of the project.
We will discuss other vacant parcels in the vicinity of the project. The growth- inducing impacts
of this project, in conjunction with other past, present, and reasonably foreseeable future projects
will be discussed. Potential sources of growth inducement that will be considered include
substantial long -term employment opportunities, ancillary growth resulting from increased
population, extensions of infrastructure, removal of impediments to growth on surrounding or
nearby open space and agricultural lands, and secondary economic growth.
ENVIRONMENTAL SUMMARIES
EDAW will provide a series of environmental summaries in the EIR. There are several purposes
of these summaries in this location. It is intended that they accomplish the following:
Provide an accurate transition from the Initial Study to certification documents
related to the project.
2. Establish an exact cross -check related to each conclusion made in the
environmental process.
3. Provide the City staff with a ready reference for environmental policies and
requirements.
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 42 E!)
4. Ensure that all appropriate mitigation measures are listed in one location so they
can be referenced easily as conditions of any project approval.
Provide a single location to prepare CEQA Findings and Facts.
EDAW will provide the following listed Environmental Summaries:
Summary of Applicable Standard Policies and Requirements
EDAW will provide a summary of all applicable standard City policies and requirements in the
EIR. These will be based upon our review of previous documents and discussions with the
Planning staff.
Summary of Applicable Mitigation Measures
In addition to the discussion of recommended mitigation measures within each topical section,
we will provide a summary list of all proposed mitigation measures.
Summary of Unavoidable Adverse Impacts of the Proposed Project
EDAW will prepare a summary of all unavoidable adverse impacts of the proposed project. This
summary will serve as the basis of the preparation of the Statement of Facts and Findings.
The inventory of unavoidable adverse impacts will include a summary of the findings of previous
EIRs that are incorporated by reference. This will allow decision - makers to determine the relative
impact of the project in concert with other past, present, and reasonably foreseeable future
projects. This concept is consistent with the most recent interpretations of CEQA and the CEQA
Guidelines.
Summary of Impact Found Not to be Significant
Based upon the information contained in the Initial Study and EIR, we will prepare a summary
of those impacts that were determined to be insignificant or were reduced to a level of
insignificance through standard City policies and requirements and/or mitigation measures.
REPORT PREPARATION RESOURCES
Organizations and Persons Consulted
This section will be provided in accordance with the requirements of the City and State law and
will list all individuals and agencies that were contacted using the preparation of the EIR.
Preparers of and Contributors to the Report
This section will also be provided in accordance with the requirements of the City and State law.
It will list those individuals from EDAW, and the City of Moorpark, as well as technical
subconsultants, who were involved in the preparation of the EIR.
O:\PROPOSAW 995\5N 12800 \95052595.RPT 43 V L Q 1 b V
References
This section will provide a listing of all reference material used during preparation of the EIR.
All references used in the preparation of the report will be made available to the City during the
official review period for the EIR. The references will be held in the office of EDAW and will
be delivered to the City within twenty -four hours of request.
APPENDICES
The EIR will contain the following appendices bound as Volume II:
Appendix A - Public Participation and Review
Appendix B - L. Newman Design Group Tree Assessment & Biology Peer Review
Appendix C - Austin -Foust Associates Traffic Study
Appendix D - RMW Paleo Associates Cultural Resource Study
Appendix E - Gordon Bricken Associates Noise Measurements (if necessary)
Work Products:
Six (6) copies of the initial administrative draft EIR for review by Community
Development staff.
SUBTASK 5.5 PREPARATION AND DISTRIBUTION OF THE DRAFT EIR AND
NOTICE OF COMPLETION (NOC)
EDAW 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 review by the community development staff
prior to printing (no new comments will be provided with this review).
EDAW will complete the Notice of Completion form and deliver ten (10) copies of the EIR to
the State Clearinghouse and three (3) copies to the regional clearinghouse (SCAG). Copies will
be sent by certified mail to each federal, responsible, and trustee agency. Copies will be mailed
by EDAW to all other parties on the City- approved distribution list.
Work Products:
Three (3) copies of the administrative draft EIR revised in response to the first review by
the Community Development staff.
Two (2) copies of the draft EIR revised in response to comments from the other City
departments for review prior to printing.
One hundred (100) copies of the complete draft EIR, distributed as described above.
0001Ej1
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 44
Notice of Completion.
One (1) unbound reproducible original of the draft EIR.
SUBTASK 5.6 RESPONSE TO COMMENTS/FINAL EIR
We will prepare Response to Comments on the draft EIR as required by the City staff. It is
anticipated that these responses will be prepared immediately preceding the final Hearings on the
project. Responses will be coordinated with the planning staff and provided in a timely manner
so as to be useful to the decision - making process.
Responses to comments will take two (2) forms. Responses to written comments made during the
"official" 45 -day public review period and responses to comments made at public hearings on the
project and EIR. Based upon the comments received during the public review period, at the
meetings during the review period, we will prepare revisions to the Draft EIR that will constitute -
the Final EIR. The following approach will be taken:
EDAW will prepare a final EIR for the project in conformance with the requirements of
Section 15132 of the CEQA Guidelines. The final EIR will consist of.
a. Revisions to the draft EIR.
b. Comment letters on the draft EIR and summaries of the comments made on the
draft EIR at public hearings.
A list of the persons, organizations, and public agencies commenting on the draft
EIR.
d. Responses to the comments.
e. Mitigation Monitoring Program.
2. EDAW will review all written comments received on the draft EIR during the public
review period 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. EDAW will prepare summaries of the comments
made at the public hearings on the draft EIR.
3. 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.
4. 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
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 45 �„
Agencies, State Agencies, Regional Agencies, Local Agencies, Private Organizations, and
Individuals. The public hearing summaries and responses will also be grouped together.
5. Responses that are within the scope of work and budget provided for consist of
explanations, elaborations, or clarifications of the data contained in the draft EIR.
Provisions of new analysis on issues, alternatives, or substantial project changes are not.
provided for in this scope and budget.
Work Products:
Six (6) copies of the screencheck final EIR.
SUBTASK 5.7 PREPARATION AND DISTRIBUTION OF FINAL EIR
EDAW 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. Private organizations and individuals that
commented on the Draft EIR will receive a copy of the response to their comment(s).
Work Products:
Fifty (50) copies of the final EIR, consisting of the revised draft EIR text with an
appendix containing the response to comments. Distribution by regular mail of up to thirty
(30) copies to =,--- ' commenting on the draft EIR and distribution of letters to private
organizations and individuals.
One (1) unbound reproducible copy of the final EIR.
SUBTASK 5.8 MITIGATION MONITORING/REPORTING PROGRAM
The EDAW Mitigation Monitoring/Reporting Program will be incorporated into the EIR. The
program was developed in response to Assembly Bill (AB) 3180 (Section 21081.6 of the Public
Resources Code), effective January 1, 1989. The Bill is one of the most significant changes to
the California Environmental Quality Act (CEQA) since 1972. Its purpose is to ensure that
proposed mitigation measures included in environmental documentation will extend beyond the
pages of the document, and are implemented to reduce or eliminate significant detrimental
project - related impacts to the environment.
A monitoring program will be specifically tailored to the Specific Plan #2 and EIR. In general,
this program will guide the project through the monitoring process through the following steps:
Determination of Roles and Responsibilities
Timing of Monitoring/Reporting Plan and Program
• Identification Monitoring/Reporting Actions and Development of checklist
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 46 04"W
Assignment of Enforcement Responsibility
Designation and Assignment of Penalties
The following approach will be taken:
1. EDAW 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, EDAW will prepare the MMP for mitigation
measures that address significant impacts or are adopted as conditions of approval.
2. The program will be designed to fit into the City of Moorpark's existing entitlement and
project review process. The MMP is proposed to include the following components:
Introduction and Purpose of the Program, Roles and Responsibilities, Monitoring and
Reporting Procedures, and Master Mitigation Matrix. EDAW will coordinate with City
of Moorpark staff to refine MMP content and format, prior to preparing the draft MMP.'
3. The draft MMP will be revised as part of the preparation of the final EIR as required to
respond to changes in mitigation measures for the project. A final MMP will be prepared
after approval of the project by City Council to reflect any changes to mitigation measures
made by the council.
Work Products:
• Draft MMP, distributed with the draft EIR.
• Revised Draft MMP, distributed with the final EIR.
• Final MMP, prepared after approval of the project by the City Council.
• One (1) reproducible copy of the final MMP.
SUBTASK 5.9 STATEMENT OF FINDINGS AND FACTS AND OVERRIDING
CONSIDERATIONS
Based upon the contents of the Draft EIR and the actions of the decision - making body, EDAW
will prepare a Draft Statement of Findings and Facts pursuant to Section 15091 and 15093 of the
State CEQA Guidelines for review by City staff. The statement will detail: Effects Determined
to be Insignificant in the Initial Study and the EIR; Impacts Mitigated to a Level of
Insignificance; Unavoidable Adverse Impacts; and Rejection of Alternatives. Subsequent to staff
review of the Draft, EDAW will prepare a Statement of Findings and Facts for consideration by
the decision - making body. As required by the State CEQA Guidelines, one of three findings must
be made for each significant effect and must be supported by substantial evidence in the record.
The EDAW project manager will consult with the Community Development Department to
review the draft findings and to finalize them. The Community Development Department will
0:1PROPOSAL11995\5N 12800 \95052595.RPT 47
000164
submit the findings for review by the City Attorney and transmit the City Attorney's comments
to EDAW.
Section 15093 of CEQA requires the decision -maker to balance the benefits of the proposed
project against its unavoidable environmental risks in determining whether to approve the project.
If a public agency approves a project that will have an adverse environmental effect, the agency
must make a statement that lists the factors and public benefits that were considered in the
decision making process. A Draft Statement of overriding Considerations will prepared by EDAW-
for review by the City staff. Subsequent to staff review, a Statement of Overriding Considerations
will be prepared for consideration by the decision - makers.
Work Products:
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.
SUBTASK 5.10 PREPARATION OF STAFF REPORTS
EDAW will prepare staff reports for 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 Community Development staff reports.
Draft reports will be made, as necessary, and the reports will be finalized. It is anticipated that
these reports will be 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 task provides for the preparation of up to six (6) staff reports.
Work Products:
Preparation of up to six (6) draft staff reports to the Planning Commission and City
Council for review by the Community Development Director.
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.
There is no limit on the amount of telephone communication needed to manage the
project. EDAW will maintain a weekly log of telephone contacts, that will be available
for review by the city. EDAW 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.
000165
0:\PROPOSAL \1995 \5N12800 \95052595.RPT 48
SUBTASK 5.11 PREPARATION OF NOTICE OF DETERMINATION
EDAW will prepare the Notice of Determination (NOD) for the project within one day of
approval of the project by the City of Moorpark consistent with Section 21108(a) of the CEQA
Guidelines. The NOD will be submitted to the city for filing.
Work Products:
One (1) copy of the NOD.
0:\PROPOSA W 995 \5N 12800 \95052595.RPT 49 000166
TASK 6.0 REVIEW OF DEVELOPMENT AGREEMENT (OPTIONAL)
SUBTASK 6.1 REVIEW DEVELOPMENT AGREEMENT
Per our meeting on May 16, 1995, EDAW will assist in reviewing the Development Agreement
to be prepared by the applicant. EDAW's comments on the Development Agreement will be
prepared to be submitted to the City attorney for review.
Development Agreements were enacted by Assembly Bill 853 in 1979 to provide Cities and
developers a means to lock in planning and zoning laws specific to certain developments early
in the planning process. A Development Agreement acts as a "grandfather clause" to protect
development plans from possible future changes to local planning and zoning laws. In return, the
developer may agree to provide public facilities and improvements or to dedicate land in
instances where the City may not otherwise have the authority to compel a developer to perform.
EDAW will review the Draft Development Agreement to ensure that it includes applicable items
suggested from the League of California Cities Checklist for Drafting Development Agreements,
found in Section 3.13 of the manual. An example of the items the Development Agreement may
contain is shown below.
• Names and Descriptions of Applicable Parties
• Actions Taken
• Definitions
• List of Exhibits
• Reference to and/or incorporation of other documents (e.g. development plan,
agency's approval of project, regulations establishing procedures and requirements
for considering development agreements, etc.)
• Project description
• Interest in contracting party in real property
• Assignability
• Relationship of parties
• Duration of agreement
a. Beginning and completion of construction
b. Progress reports
c. Availability of documents to agency
• Affect on agreement of inclusion of real property in another Jurisdiction
• Indemnification
• Insurance
a. Amounts
b. Evidence
• Restrictions on use of property
a. Permitted uses
b. Density of uses
c. Intensity of uses
d. Maximum height of buildings
e. Maximum size of buildings
000167
O:\PROPOSAL 11995 \5N12800 \95052595.RPT 50
f. Reservations and dedication of land for public purposes
• Subsequent discretionary actions by agency, including conditions, terms,
restrictions, and requirements for subsequent discretionary actions
• Duty to obtain other approvals
• Cooperation with other agencies
• Effort of agreement in light of subsequently adopted land use regulations and
design and construction standards
• Periodic review
a. Timing
b. Duty of contracting party to provide evidence of good faith compliance
• Contract security
• Recordation of agreement and of action making amendment, cancellation,
modification, suspension, or termination
• Amendment or cancellation of agreement
• Grounds for termination of modification, including additional events constituting
event of default
• Enforcement of remedies
a. Who may enforce
b. Damages, liquidated or other
c. other remedies
• Attorneys fees and costs
• Notices
• Miscellaneous terms and conditions, rules of construction
Work Products:
• Technical memorandum transmitting comments on the Draft Development Agreement.
0:\ PROPOSAL \1995\5N 12800 \95052595.RPT 51 000168
TASK 7.0 PROJECT MANAGEMENT/MEETINGS/HEARINGS
SUBTASK 7.1 PROJECT KICK -OFF MEETING
Mr. Dan Herman, Ms. Jayna Morgan, and Mr. Ron Krater will attend the Project Kick -off
Meeting. The purpose of this meeting is discussed in Task 1.0 of this Work Program.
SUBTASK 7.2 MONTHLY EDAW STATUS MEETINGS
Ms. Jayna Morgan and/or Mr. Ron Krater will attend eleven (11) monthly status meetings.
EDAW will prepare monthly status reports that will summarize the status of work efforts and
issues to be resolved. EDAW will ensure that all tasks are completed on time. EDAW will
communicate between all parties including, but not limited to City staff, the applicant, and all
subconsultants involved in the preparation of the Specific Plan and EIR. The monthly status
meeting could involve City staff, the applicant, and/or the Community Development Committee,
as determined by the City.
SUBTASK 7.3 WORKSHOP MEETINGS (3)
Mr. Dan Herman will attend one (1) and Ms. Jayna Morgan, or Mr. Ron Krater will attend three
(3) Workshop Meetings with homeowners, surrounding agencies, Planning Commissioners and
Council Members if requested by staff. Specific subconsultants of EDAW will attend these
meetings upon request by City staff on a time -and- material basis. The first meeting/workshop (a
joint Planning Commission/City Council meeting) will occur at the conclusion of Subtask 2.2
Draft Alternatives Concept. The purpose of this workshop is discussed in this subtask. The second
meeting /workshop will occur when the NOP/Initial Study is ready to be released for public
review. This meeting will function as an EIR scoping meeting. The third and final meeting will
occur at the close of the NOP comment period. This meeting will be held before the City
Council.
EDAW will provide the City's Director of Community Development two weeks' advance notice
of all arranged scoping and Community Development meetings /workshops to allow the
opportunity for attendance by City staff. All meetings will be held at the Moorpark City Hall
unless agreed to by the City.
Agendas will be prepared for each meeting and tailored to the issues to be addressed. The project
description and Initial Study will be provided and explained at the EIR scoping meeting in order
to solicit input. Minutes will be prepared for each meeting and distributed to the City of
Moorpark and all parties attending the meeting.
SUBTASK 7.4 PLANNING COMMISSION HEARING
Mr. Dan Herman will attend two (2) and Ms. Jayna Morgan will attend three (3) Planning
Commission Hearings. Mr. Ron Krater will attend one (1) Planning Commission Hearing. EDAW
will be prepared to make all necessary presentations to the Commission.
0A PROPOSAU1995 \5N12800 \95052595.RPT 52 V V
SUBTASK 7.5 CITY COUNCIL HEARING
Mr. Dan Herman will attend two (2) and Ms. Jayna Morgan will attend three (3) City Council
Hearings. Mr. Ron Krater will attend one (1) City Council Hearing. EDAW will be prepared to
make all necessary presentation to the Council.
Work Products:
The work products for Task 7.0 are shown in the EDAW meeting summary table.
0:1 PROPOSAL 1199515N12800195052595.RPT 53 aW ViJ�
EDAW
MEETING SUMMARY
Notes:
1) Refer to Appendices B -E for meeting attendance by the project team subconsultants.
2) In accordance with our May 16, 1995 meeting, EDAW has budgeted to attend a maximum
of six (6) Public Hearings.
3) Ron Krater and Jayna Morgan will both attend Monthly Status Meetings and
Meetings /Workshops if schedules permit. We have budgeted attendance at these meetings
by one (1) senior staff member.
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 54
DAN
JAYNA
RON
HERMAN
MORGAN
KRATER
Project Kick -Off Meeting
1
1
1
Monthly Status Meetings
11
11
Meetings /Workshops
1
3
2
Planning Commission Hearings
2
3
1
City Council Hearings
2
3
1
Notes:
1) Refer to Appendices B -E for meeting attendance by the project team subconsultants.
2) In accordance with our May 16, 1995 meeting, EDAW has budgeted to attend a maximum
of six (6) Public Hearings.
3) Ron Krater and Jayna Morgan will both attend Monthly Status Meetings and
Meetings /Workshops if schedules permit. We have budgeted attendance at these meetings
by one (1) senior staff member.
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 54
IV. PROJECT PERSONNEL
0001"t-2
O:\ PROPOSAL 11995 \5N12800 \95052595.RPT 55
IV. PROJECT PERSONNEL
EDAW will assign the following senior personnel to complete the Scope of Work for the
Moorpark Specific Plan #2 project. Resumes of additional EDAW staff are included in Appendix
A.
Principal -in- Charge
Project Manager
Project Planner
Mr. Dan Herman
Ms. Jayna Morgan
Mr. Ron Krater
A brief description of EDAW personnel's background is provided below. Resumes for all EDAW
staff participating on the project are included in Appendix A.
Mr. Dan Herman, Principal, will serve as Principal -in- Charge. He has a broad range of
experience in preparing Specific Plans, General Plans, citywide Urban Design Plans, and detailed
plans for new residential and mixed -use communities. He has directed the preparation of Specific
Plans for individuals and groups of landowners, City agencies, and both groups working jointly.
He has planned new residential communities throughout Southern California, Arizona, Texas, and
the midwest.
A summary of relevant projects includes:
• Santa Barbara Airport Industrial /Commercial Specific Plan, City of Santa Barbara
• Tustin Ranch Specific Plan (and Amendments), City of Tustin
• Main Street Concourse Specific Plan, City of Santa Ana
• Santa Anita Entertainment Center Specific Plan, City of Arcadia
• Northgate Business Center Specific Plan Amendment, City of Northgate
• Carlsbad Ranch Specific Plan, LEGO and City of Carlsbad
• Sun Valley Ranch Master Plan, City of Sun Valley
• Palm Springs Classic Master Plan, City of Palm Springs
Ms. Jayna Morgan, Senior Associate, will serve as the Project Manager. Ms. Morgan has 12
years experience in environmental and land planning. During the past 12 years, Ms. Morgan has
managed the preparation of over 75 CEQA and NEPA documents for a variety of projects
throughout the state. Prior to joining EDAW, she was a Director with the firm of STA. In this
capacity, she served as project manager on numerous environmental and policy planning projects.
coordinating complex multi - disciplinary project teams.
Ms. Morgan's current responsibilities include the day -to -day management involved in the
preparation of Environmental Assessments, general plans, environmental impact reports, specific
plans, and land use studies. Ms. Morgan will coordinate the subconsultant team, in -house staff,
and will be responsible for the management and overall preparation of the EIR and Specific Plan.
Her recent representative project experience includes:
0A PROPOSAU199515N12800195052595 .RPT 56 wJ7V01
• Santa Barbara Airport Industrial/Commercial Specific Plan, City of Santa Barbara
• Carlsbad Ranch Specific Plan, LEGO and City of Carlsbad
• Montgomery Oaks /Affordable Housing Project EIR, City of Ojai
• Maricopa Specific Area Plan/EIR, City of Ojai
• Dana Point Headlands Specific Plan EIR, City of Dana Point
• Schmidt Rock Quarry Expansion EIR, County of Ventura
• Southside and Westside Specific Plan MEAs, City of Santa Paula
• Deutsch Specific Plan EIR, City of Banning
• Antelope Valley Landfill Expansion EIR, County of Los Angeles
• Meridian Communications Facility EIR, County of Ventura
• Patrick Media Billboard EIR, County of Ventura
Mr. Ron Krater, Senior Associate, will serve as the primary planner and designer for the
project. Mr. Krater has a broad range of experience in community design specific plan
preparation, residential and non - residential site design, landscape architecture, and grading of
sensitive sites locally, nationally, and internationally. His recent representative project experience
includes:
• Hidden Creek Ranch Draft Specific Plan, Master Planning, Landscape Concept
Design, and Community Themeing, City of Ventura
• Newport Coast Master Plan, City of Newport Beach
• Disney's Vacation Club at Newport Coast, City of Newport Beach
• Desert Mountain Master Plan, City of Phoenix
• Port Blakely Master Plan, Bainbridge Island, Washington.
• Rancho Madera Specification and Site Design, City of Rancho Madera
• Rancho Pacifica Specific Plan and Community Design, City of Rancho Pacifica
• Valencia Master Plan and Site Design, City of Valencia
SUBCONSULTANTS/PROJECT TEAM MEMBERS
We have assembled a group of supporting technical subconsultants who have also worked on
many projects of a similar nature and/or involving similar issues. Their association with EDAW
has been a long and successful one. We believe that the team assembled will be able to work in
a cohesive and supportive manner providing their technical analyses within budget and on time.
The following is the list of subconsultants who will provide various analyses for the Specific
Plan, the EIR, and related documents. The descriptions, resumes, and scopes of work are located
in the appendices of this document.
L. Newman Design Group - Tree Report and Biological Peer Review
Austin -Foust Associates - Comprehensive Traffic Study
RMW Paleo Associates, Inc. - Archeology and Paleontology Study
Gordon Bricken & Associates - Ambient Noise Measurements (if necessary)
000174 0:\ PROPOSAL \199515N12800 \95052595.RPT 57
V. QUALIFICATIONS
000175
0:\PROPOSAL \1995 \5N 12800 \95052595.RPT 58
V. QUALIFICATIONS
EDAW, INC.
The following provides descriptions of related projects that EDAW and its staff has completed.
References for these projects are provided in section VII of this proposal. In addition, legal
references are also provided in Section VII.
LEGOLAND Family Park Specific Plan Amendment, City of Carlsbad. Concept Plan and
Specific Plan Amendment documents for a passive 128 -acre family park. The overall concept for
LEGOLAND Carlsbad may be described as a "park within a park." Establishing the child as the
focal point, themed areas correspond to LEGO brands within attractive landscape settings.
Santa Barbara Airport Specific Plan, City of Santa Barbara. EDAW is preparing a Specific
Plan to provide the City of Santa Barbara with a comprehensive set of guidelines, development
standards, and implementation programs to guide the orderly development and redevelopment of
the 250 -acre Specific Plan area. Although the plan area is within the City limits, it is surrounded
by Goleta, the largest unincorporated community in Santa Barbara. The property and buildings
within the plan area are owned and operated by the Airport. Major issues include the design of
a land use plan that will retain the existing tenants where possible, allow for the reduction of non-
aviation tenants from the south side of a major arterial that divides the plan area to the north side
and provide for long -term economic self sufficiency for the Airport's operation, maintenance, and
capital improvements.
Dana Point Headlands Specific Plan Environmental Impact Report, City of Dana Point The
Environmental Impact Report analyzes the potential impacts of the development of a 121.3 -acre
mixed -use site within the City of Dana Point. The proposed project includes a mix of residential
uses varying in density from 3.5 to 14.0 dwelling units per -acre for a maximum of 522 dwelling
units on 53.5 acres of the project site, 12.8 acres of visitor /recreation commercial uses, and 55
acres of open space. Major project issues include land use, air quality, noise, traffic and
circulation, aesthetics, geology, hydrology, biology, socioeconomics, and cultural resources. Site.
constraints include development within the coastal zone on bluffs that overlook the Pacific Ocean.
Montgomery Oaks /Affordable Housing Project EIR, City of Ojai. This EIR analyzed the
potential environmental impacts associated with the proposed Montgomery Oaks /Affordable
Housing project. The project involved the development of 21 affordable housing units. The
project will allow construction of twelve three - bedroom units and nine two - bedroom units for low
income families. Major issues involved land use, water supply, transportation/circulation, noise,
and geology /soils.
Maricopa Specific Plan and Environmental Impact Report, City of Ojai. The Specific Plan
was prepared to provide the City of Ojai with a comprehensive set of guidelines, development
standards, and implementation programs to guide the orderly development of the 1,100 -acre
Maricopa area. The project is located in the western Ojai Valley. It encompasses the western
portion of the City of Ojai and the unincorporated land of Ventura County directly west of the
0APROPOSALV 99515N 12800195052595.RPT 59 - 011
city within the City's Sphere of Influence. Major concerns included developing a land use plan
that would carry out the goals, objectives, and policies of the City of Ojai and the County of
Ventura and implement changes to the City's land use, circulation, recreation, conservation, and
open space elements and zoning code. An accompanying Environmental Impact Report analyzed
potential impacts due to buildout of the Specific Plan.
Deutsch Specific Plan Environmental Impact Report, City of Banning. The Environmental
Impact Report analyzed the potential impacts of the development of a 1,552 -acre site within the
City of Banning. Project characteristics included the construction of 1,684 single family units on
421 acres, 3,672 patio homes on 612 acres, 900 condominium and apartment units on 60 acres,
and 340 senior housing /life care units on 17 acres. Additionally, 442 acres were proposed to be
developed for non - residential uses to include 16 acres of institutional uses, 87 acres for parks and
trails, 113 acres of road easements, 35 acres of neighborhood commercial, 21 acres of
office /commercial/ industrial, and 170 acres for a golf course. Major project issues included land
use, traffic and circulation, housing /population, hydrology, noise, air quality, biology, public
services and utilities, and geology.
East Tustin Specific Plan, City of Tustin. EDAW prepared land use plan and urban design
guidelines for 2,000 acres of land owned by The Irvine Company and located within the City of
Tustin. The land is adjacent to Interstate 5 and west of the Eastern Transportation Corridor. The
land use plan envisioned 9,000 residential units, 40 acres of commercial use, an auto center,
120 acres of high intensity mixed use, schools, parks, and an 18 -hole golf course.
Disney Vacation Ownership Newport Coast Resort, Newport Beach, California. Overall
design, vision statement and imagery for a hillside resort development that includes a 200 -room
inn, 450 guest villas, themed gardens, recreational amenities, grand canal, and restaurants. The
project draws characteristics from an Italian Hilltown as the overall design theme. Process
included developing on -site amenity package and memory makers tied to the architectural and
landscape framework.
Disney Vacation Ownership at Lake Buena Vista, Florida. Conceptual design and master plan
for the 450 -unit resort project incorporating an existing golf course with clubhouse, sales
facilities, and recreation amenities into a Key West theme.
Patrick Media Group Billboards EIR, County of Ventura. This focused EIR project involved
an assessment of the visual impacts of two proposed billboards (CUP Nos. 4389 and 4390) in
Ventura County. The National Forest Service Visual Resource Management system of visual
analysis was used as a model. This system provided an objective method of evaluating visual
resources from major travel routes in the area.
Meridian Communications North Communications Facilities EIR, County of Ventura. This
Focused EIR project involved an assessment of the visual impacts of four proposed antennas to
be located atop a ridgeline in Ventura County overlooking Thousand Oaks. The antennas
consisted of one 115- foot -high tower and antenna and three 50- foot -high monopoles to be located -
adjacent to six existing antennas on the same ridgeline. The National Forest Service Visual
Resource Management system of visual analysis was used to objectively measure the visual
impacts to residents of the communities below the project site.
0:\PROPOSAL\ 1995 \5N 12800 \95052595.RPT 60 (jW2.'; V
Franciscan Ojai Senior Project EIR, City of Ojai. This project consists of a proposed 150 -unit,
single - family attached senior citizen residential' development in Ventura County, California. The
26.4 -acre vacant project site is currently under Ventura County jurisdiction. The site is located
adjacent to the community of Meiners Oaks. It is proposed for annexation to the City of Ojai.
The project is being annexed to the County. Project approvals include: annexation to the County
(approval by LAFCO), a General Plan Amendment, Zone Change, Subdivision Map, Architectural
Review, California Department of Fish and Game 1603/4 Permit, Grading and Building Permits,
and a Tree Removal Permit by the County.
The project is designed for senior citizens with restrictions on sale and occupancy to seniors 55
years and older. On -site project amenities include an 8,000 - square foot recreation building, two
tennis courts, swimming pool, spa, a two -acre park and greenbelt system. Major issues involved
land use compatibility /aesthetics, cumulative traffic and vehicular access to the site, drainage,
cumulative air quality impacts, water supply and other utilities /public services, project
alternatives, and growth inducing impacts.
Ojai Valley Inn and Country Club Expansion EIR, City of Ojai. This project involved the
expansion of the existing inn from 110 units to 218 units, the addition of meeting and banquet
facilities, the expansion of tennis courts, and the relocation of on -site employee housing. Major
issues involve compatibility with adjacent semi -rural residential uses, traffic impacts, increase
traffic- related noise, and aesthetics.
South and West Side Specific Plan Opportunities and Constraints Documents City of Santa
Paula. These documents were prepared to serve as an inventory of environmental conditions in
the South and West Side Specific Plan areas. They described the existing conditions of resources
in the region, then focuses on the study area both narratively and graphically. The South Side
Specific Plan was proposed to incorporate approximately 800 acres including the Santa Paula
Airport. Major issues included transportation/circulation, biological resources, soils /agriculture,
air quality, noise, light and glare, health and safety, archaeological resources, population, housing,
and employment. The West Side Specific Plan was proposed to incorporate approximately 500
acres of existing agricultural land. Major issues including drainage, traffic, and land use
compatibility.
Antelope Valley Public Landfill Expansion Environmental Impact Report, County of Los
Angeles. The Environmental Impact Report analyzed the expansion of the Antelope Valley Public.
Landfill. The project site is located in the northeastern portion of Los Angeles County in the
Antelope Valley area. The applicant requested a Conditional Use Permit that would allow for the
expansion of a Class III Municipal Solid Waste disposal facility from the existing 57 acres to 132
acres. Responsibilities included data collection and analysis, environmental documentation, and
the development of a Mitigation Monitoring Program. Major project issues included biology,
hydrology, traffic and circulation, seismicity, air quality, noise, light and glare, land use,
population, housing, public services and utilities, human health, aesthetics, recreation, and cultural
resources.
Centrage New Town -In -Town EIR, City of Sacramento. The Centrage New Town -In -Town
EIR analyzed the development of a major mixed -use development on a 48 -acre site in the City
of Sacramento. The project included approximately 994,00 square feet of office space, 382,500
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 61 000178
square feet of retail space, 900 residential units, 45,500 square feet of restaurant, 12,700 square
feet of day care, a 350 -room hotel, and parking for approximately 5,995 cars. Major project
issues included: land use, zoning and adopted plans, housing, transportation/circulation, air
quality, noise, public service and utilities, wildlife and vegetation, human health, microclimates,
aesthetics, soil /geology, cultural resources, and fiscal impact.
General Plan Housing Element Update, City of Ojai. An update to the General Plan Housing.
Element was prepared for the City of Ojai. The document included a needs assessment, an action
program, and a housing sites survey. The update involved the preparation of a legally adequate
Housing Element that is reflective of the Community's character. This required working closely
with various groups within the City to gain a full understanding of the opportunities and
constraints. As part of the process, an environmental assessment resulting in the preparation of
an Addendum Environmental Impact Report was prepared.
Green Valley Master Plan, City of Henderson. Prepared a community master plan and
entitlements for 1,500 acres in Henderson, Nevada. The plan includes retail, office, industrial and
residential land uses, structured around an extensive system of open space amenities. The plan
addresses land use distribution and phasing, product mix and density, the new beltway alignment,
golf and equestrian amenities and architectural controls.
Thousand Oaks Government Center and Civic Auditorium, City of Thousand Oaks. This
20 -acre site on the historic 1920s Jungle land property, ultimately provided facilities for the City
Administration Services, Cultural Center and a community park. A portion of the site will be
developed by Lowe Development for a hotel and office buildings. The master planning is a joint
venture with Dworsky Associates and Antoine Predock.
TECHNICAL SUBCONSULTANTS
Related project experience for the technical subconsultants is provided as Appendices B, C, D,
and E of this proposal.
010 0- 00
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 62
VI. PROJECT SCHEDULE AND BUDGET
001bf)
O:\ PROPOSALU995 \SNt2800 \95052595.RPT 63
VI. PROJECT SCHEDULE AND BUDGET
PROJECT SCHEDULE
EDAW is prepared to start this project immediately upon authorization by the City. We will
submit all wok in accordance with the graphic project schedule outlined at the end of this section.
This schedule will be defined in more detail as discussed in Task 1.0 of our Work Program. We-
anticipate that all work described herein related to the Specific Plan and EIR can be accomplished
within 13 months.
BUDGET
EDAW will complete the Scope of Services for a not -to exceed budget of $206,648.00 not
including the optional tasks and contingency. EDAW prefers to bill monthly on a time and
materials basis with each invoice containing a detailed description of services performed during
the billing period and proof of work completed will be provided upon request of the City. Upon
formal selection, EDAW will work with the City to prepare a billing schedule commensurate with
work products prior to the execution of the contract. We will also work with the City to
determine an adequate deposit by the applicant. The following provides an overall budget
summary by task and a breakdown of printing and expense costs. The budget also includes a 10%
labor contingency per the City's direction.
19 1 :V:1
TASK 1.0 PROJECT INITIATION
TASK 2.0 DEVELOPMENT OF ALTERNATIVE SPECIFIC PLAN
CONCEPTS
TASK 3.0 REFINEMENT AND SELECTION OF PREFERRED
ALTERNATIVE
TASK 4.0 DEVELOPMENT OF SPECIFIC PLAN DOCUMENT
TASK 5.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS
TASK 6.0 REVIEW OF DEVELOPMENT AGREEMENT (OPTIONAL)
TASK 7.0 PROJECT MEETINGSIHEARINGS
SUBTOTAL ALL TASKS (WITHOUT OPTIONAL)
0:\ PROPOSAL 1199515N12800195052595.RPT 64
$3,440.00
$13,000.00
$10,160.00
$41,200.00
$75,500.00
$2,880.00
$20,080.00
$163,380.00
SUBCONSULTANTS
L. Newman Design Group
$10,760.00
RMW Paleo Associates
$9,138.00
Subtotal All Subconsultants
$19,898.00'
Subtotal All Tasks and Subconsultants (without optional) $183,278.00
Labor Contingency of 10% $18,328.00
EXPENSES
Wordprocessing $3,000.00
Mileage and Travel, Delivery, Postage for Distributors,
Miscellaneous Supplies, In -House xerox, fax, Blueprinting,
and Photo Reproduction services $6,000.00
Printing2 $14,370.00
AD Specific Plan and Draft Specific Plan - 108 copies ($35.00 per copy /$3,780.00)
Initial Study/NOP - 65 copies ($8.00 per copy /$520.00)
ADEIR and DEIR - 111 copies ($50.00 per copy /$5,550.00)
Draft Final EIR and Final EIR' - 56 copies ($80.00 per copy /$4,480.00)
Findings and Overriders - 5 copies ($8.00 per copy /$40.00)
Subtotal
TOTAL ALL TASKS INCLUDING OPTIONAL TASKS
(WITHOUT CONTINGENCY)
TOTAL ALL TASKS WITHOUT OPTIONAL TASKS
(TASK 6.0 AND OPTIONAL AMBIENT NOISE MEASUREMENTS
AT 8 LOCATIONS)
TOTAL ALL TASKS INCLUDING OPTIONAL TASKS
(TASK 6.0 AND OPTIONAL AMBIENT NOISE MEASUREMENTS
AT 8 LOCATIONS) AND INCLUDING 10% CONTINGENCY
$23,370.00
$210,528.00
$206,648.00
$228,856.00
' Gordon Bricken & Associates optional ambient noise measurements /$125.00 per location (assume 8
locations).
2 Printing costs are based on the above breakdown by deliverables. Copies of draft and final documents have
been combined into total numbers. Work products not listed are those in which one (1) reproducible copy
is provided or the product is part of another document (i.e. Mitigation Monitoring).
3 Assumes DEIR Technical Appendices is not reprinted with Final EIR.
O:\ PROPOSAU1995 \5N12800 \95052595.RPT 65 0001b1
Preliminary Project Schedule for Moorpark Specific Plan 2 - EIR
Task
1995
1996
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
1.0 Project Initiation
1.1 Collect & Analyze Data
1.2 Project Schedule
1.3 Preliminary Staff/Project Strategy Meeting
2.0 Development of Alternative Specific Plan Concepts
2.1 Administrative Draft Alternatives Concept
2.2 Draft Alternatives Concept
3.0 Refinement & Selection of Preferred Alternative
3.1 Select Preferred Alternative
3.2 Incorporate Final Comments into Preferred Alternative
4.0 Development of Specific Plan Document
4.1 Administrative Final Draft Specific Plan
b b b b
45 Day Public
zim
4.2 Final Draft Specific Plan
+
4.3 Final Specific Plan
5.0 Preparation of Environmental Documents
5.1, 5.2 & 5.3 Initial Study/NOP
IvoP
5.4 Administrative Draft EIR
b b b b
45 Day Public
tmim
5.5 Draft EIR/NOC
Noy
IO Rev ew Day Public
5.6, 5.7 & 5.11 Response to Comments/Final EIR/NOD
M 4
-
5.8 Mitigation Monitoring Program
b b b
+M'
M
5.9 Findings & Facts /Overriding Considerations - 5.10 Staff Reports
6.0 Review of Development Agreement
6.1 Review Development Agreement
*
7.0 Project Management/Meetings/Hearings
7.1 Project Kick -Off Meeting
•
7.2 Monthly Status Meetings
•
•
•
•
•
•
•
•
•
•
•
7.3 Workshop Meetings'!
■
■
■
7.4 Planning Commission Hearings
■ ■
■
7.5 City Council Hearings
IN ■
■
=Working * Submittal Date b City Review + Public Review ■ Public Meetings/Hearings • Staff Meetings
VII. REFERENCES
000183
0:I PROPOSAL 1199515N12800O5052595.RPT 67
VII. REFERENCES
We believe your conversations with people we have worked with will give you valuable insight
into our professional capabilities. We encourage you to contact the individuals listed below.
EDAW, INC.
Private Companies
Mr. John Jakobsen
LEGO Project Manager
LEGO, Inc.
(619) 438 -5570
Reference Project: LEGO /Carlsbad
Ranch Specific Plan
Ms. Pat Saley
Project Manager
City of Santa Barbara
(805) 969 -4605
Reference Project: Santa Barbara
Airport Specific Plan
Public Agencies
Ms. Joan Kus
Planning Director (and former Planning
Director of the City of Ojai)
City of Santa Paula
(805) 933 -4214
Reference Projects:
City of Santa Paula South and Westside
Specific Plan MEA's
Mr. Bill Prince
Planning Director
City of Ojai
(805) 646 -5581
Reference Projects:
Montgomery Oaks /Affordable Housing
Project EIR
Maricopa Specific Plan/EIR
City of Ojai MEA/General Plan
Program
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 68
Ms. Beth Painter
Planner
County of Ventura
(805) 654 -5192
Reference Project: Schmidt Rock
Quarry EIR
Legal Reference
Mr. Monte Widders
Myers, Widders, and Gibson
Legal Counsel for City of Ojai
(805) 644 -7188
Reference Projects: City of Ojai
Projects Listed Above
Mr. Ken D. Rosel
Burke, Williams and Sorensen
Legal Counsel for City of Dana Point
(213) 236 -0600
Reference Project: Dana Point
Headlands EIR
VIII. AUTHORIZATION
oocl8r-
O:\PROPOSAL 11995 \5N12800 \95052595.RPT 69
VIII. AUTHORIZATION
This proposal shall constitute our firm offer to perform the work described herein under the
terms and conditions described herein.
This offer will remain valid for a period of 90 days. The individual in the firm of EDAW
authorized to enter into this contract and negotiate amendments to this contract is:
�. ..
0:\ PROPOSAL \1995\5N12800\95052595.RPT 70
FEE SCHEDULE
EDAW'S Standard Hourly Rate Schedule
Effective January 1, 1995
SCHEDULE OF FEES
for Professional Services
Time Charges
Principals
Senior Associates
Associates
Professional, Administrative &
Word Processing Staff
Hourly Rate Range
$100.00 - $175.00
$75.00 - $125.00
$50.00 - $95.00
$35.00 - $75.00
EDAW's hourly rate schedule is subject to adjustment in January and July of each year.
Reimbursable Expenses
Consultants: Cost plus 10 %.
Travel: Private vehicles @ $0.30 per mile.
Computer: Computer -Aided Design/Drafting @ $25.00 - $35.00 per hour,
depending upon the complexity of software and required peripheral
equipment. Microcomputers used for CAD/D will be billed at $25.00 -
$35.00 per hour based on the actual application.
Microcomputers other than for CAD/D applications @ $10.00 per hour.
Taxes: Any tax and/or fees imposed by a taxing authority based upon gross revenues
or sales shall be reimbursable in addition to the fee stated in this contract.
Other project expenses: Cost plus 10 %.
Such as: Printing, graphics, photography and reproduction, rental or purchase of
special equipment and materials, long distance telephone, fax, special
shipping or delivery, and lodging.
QvO1.8"7
0:\ PROPOSAL \1995\5N12800 \95052595.RPT 71
INVOICING AND PAYMENT POLICIES
1. In contracting with EDAW, Inc. for professional services, client warrants that funds are
available to compensate EDAW for the total amount of services and expenses contracted and
that these funds are neither encumbered nor contingent upon subsequent granting of approvals,
permits or financial commitments by lending institutions or other third parties.
2. Typically, invoices are submitted by EDAW each four weeks (not necessarily falling on the
first or last day of the month). Upon formal selection, EDAW will work with the City to
prepare a billing schedule commensurate with work products prior to the execution of the
contract. The client shall notify EDAW, in writing, of any and all objections, if any, to an
invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed
proper and acceptable by the Client. Amounts indicated on invoices are due and payable
immediately upon receipt. Client's account will be considered delinquent if EDAW, Inc. does
not receive full payment within thirty (30) days after the invoice date.
3. A service charge will be applied at the rate of 1.5 percent per month (or the maximum rate
allowable by law) to delinquent accounts. Payment thereafter will be applied first to accrued
interest and then to the principal unpaid by the Client. Client shall pay all costs and expenses,
including without limitation, reasonable attorneys' fees and expenses incurred by EDAW in
connection with the collection of delinquent accounts of Client.
4. If a delinquency by Client occurs, EDAW, Inc. may choose to suspend work. If such a
decision to suspend work is made, EDAW, Inc. will notify Client in writing. EDAW may
choose to recommence work once a delinquency is completely cured and any and all attendant
collection costs, fees, increases in costs or fees, or other amounts required to be paid by Client
.under this agreement are made in full. If a delinquency by Client occurs and EDAW, Inc.
chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client agrees
and understands that if EDAW, Inc. decides to so suspend its work, EDAW shall not be liable
for any costs or damages, including but not limited to delay and consequential damages, to the
Owner, Client, or any other third party, that may arise from or be related to such a work
suspension. Client agrees to hold EDAW, Inc. harmless from and completely indemnify
EDAW from and against any and all damages, costs, attorney's fees, and/or other expenses
that EDAW, Inc. may incur as a result of any claim by any person or entity arising out of
such a suspension of work.
5. If any litigation, arbitration, or other legal action arising out of this contract ensues, the
prevailing party shall be entitled to, without limitation, reasonable attorney's fees, expenses,
expert fees, and costs.
6. When non - standard billing is requested, time spent by office administrative personnel in
preparation is a cost to the project and charged as technical labor.
LIMITATION OF LIABILITY
EDAW's liability for damage on account of any act, error, omission or other professional negligence
shall be limited to a sum not to exceed $50,000 or our fee, whichever is greater.
OA PROPOSALA995 \5N12800 \95052595.RPT 72