HomeMy WebLinkAbout- - PSA for General Plan Update and Environm - 6/5/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 5, 2012
ITEM NUMBER:
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR THE GENERAL PLAN UPDATE AND
ENVIRONMENTAL IMPACT REPORT
DATE: MAY 25, 2012
FROM: DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION
PRESENTATION BY: CLAIRE L. FLYNN, AICP, ASST. DEV. SVCS. DIRECTOR
FOR FURTHER INFORMATION CONTACT: CLAIRE FLYNN, 714 754 5278
claire.flynn@costamesaca.gov
RECOMMENDED ACTION
Award contract to Hogle-Ireland, Inc. in the amount of $664,705 for the Costa Mesa
General Plan Update and Program Environmental Impact Report and authorize Mayor
and Acting Deputy City Clerk to sign and execute the contract.
BACKGROUND
Costa Mesa General Plan
State law requires that each city adopt a general plan " for the physical development
of a city and any land outside its boundaries which bears relation to its planning"
065300). In addition, a General Plan should be updated periodically approximately
every ten years.
The General Plan states the community's vision for development and public
infrastructure. The General Plan is the foundation for establishing goals, purposes,
land use, and activities. It expresses the community's development goals and
embodies public policy relative to the distribution of future land uses, both public and
private.
The 2000 Costa -Mesa General Plan represents its "constitution" for development
and is comprised of ten elements: Land Use Element, Circulation Element, Housing,
Conservation, Open Space, Noise, Safety, Community Design, Growth, and Historic
and Cultural Resources.
The Land Use and Circulation Elements of the City' s 2000 General Plan were
updated in 2002. Minor amendments to these Elements were made over the past
ten years. However, there were no significant revisions to the overall goals,
objectives and policies. Therefore, an update to the existing General Plan is now
needed to appropriately reflect changes within the document as well as Council goals
and objectives.
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Request for Proposals
In January 2012, a Request for Proposals (RFP) was released to qualified consulting
firms to prepare a comprehensive update of certain elements of the General Plan and
an Environmental Impact Report.
The key components of the scope of services involve the following:
• General Plan Update of the Land Use, Circulation Element, Housing, and
Growth Management
• Zoning Ordinance Update
• Environmental Impact Report (EIR)
• Public Engagement / Public Process (supportive assistance to City staff)
The above key components of the General Plan update will address current
community objectives and legal requirements. The corresponding Zoning Ordinance,
as appropriate, will be updated by City staff but will also need to be addressed in the
environmental review. The proposed work activity involves assistance in a supportive
role in a Public Engagement Program.
ANALYSIS
The purpose of the GP Update is to serve the City' s planning efforts for the next 10
years without significant revisions, comply with state regulations, and provide the
community with a vision for the future containing policies and guidelines for the way
land is developed and used. The GP Update will incorporate goals, objectives,
policies, and programs for certain Elements — and specifically promote development
flexibility in consort with the community' s goals for development in the City.
Particular emphasis will be placed on the Land Use, Circulation, Housing, and Growth
Management Elements. The overall work activity will occur over an 18 -month period,
from June 2012 through December 2013. Additionally, State law mandates updating
the City' s Housing Element by October 2013. Other Elements will be updated
thereafter and as necessary. The need for the update is based on the following:
Land Use Element
• The City' s Land Use Element requires a comprehensive update every 10 years
pursuant to State legal requirements.
• A comprehensive review of the Land Use Element will promote development
flexibility similar to the spirit and objectives of the recently -adopted mixed-use
overlay zones.
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• New mixed-use overlay areas may be established to create new development
options in certain land use designations.
• Increased residential densities or commercial FARs may be considered in certain
revitalization areas and nonconforming developments containing mobile home
parks and motels.
• The currently established "stepped FAR" limits for low, moderate, and high
traffic -generating uses may be modified to allow greater flexibility in development
intensities.
• New land use designations and overlay zones may be created to promote
redevelopment.
• There may be new objectives or a processing framework to consider site-specific
FARs within certain limits may be included.
Circulation Element
• The City' s transportation model was last developed in 2000 and requires
updating.
• Several major circulation and development projects and land use changes were
made over the past ten years. These will need to be reflected in the
transportation model to reflect current conditions and to identify future
transportation needs.
• Development opportunities in the Westside Costa Mesa and other parts of the
City are currently restricted due to reliance solely on the 2000 General Plan and
the 2000 transportation model.
• There is a need for a comprehensive review of City' s Master Plan of Bikeways to
enhance bicycle facility connections and opportunities.
Assembly Bill 1358, the 2008 California Complete Streets Act, requires that any
substantive revision of the Circulation Element requires planning for a balanced,
multimodal transportation network that meets the needs of all users of streets, roads,
and highways. The users are defined as including motorists, pedestrians, bicyclists,
children, persons with disabilities, seniors, movers of commercial goods, and riders of
public transportation. The State enacted this law to help fulfill the commitment to
reduce greenhouse gas emissions through efficient use of urban land and
transportation infrastructure.
Housing Element
State Housing Element law requires " An assessment of housing needs and an
inventory of resources and constraints relevant to the meeting of these needs." The
law requires:
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• An analysis of population and employment trends.
• An analysis of the City' s fair share of the regional housing needs.
• An analysis of household characteristics.
• An inventory of suitable land for residential development.
• An analysis of governmental and non-governmental constraints on the
improvement, maintenance and development of housing.
• An analysis of special housing needs.
• An analysis of opportunities for energy conservation.
• An analysis of publicly -assisted housing developments that may convert to
non -assisted housing developments.
Growth Management Element
This Element will be updated to directly correspond with any relevant changes that
arrive from land use, circulation, and housing policies.
Zoning Ordinance Update
It is important to make any corresponding changes to the Zoning Code (Title 13 of
the Costa Mesa Municipal Code) to ensure that the Zoning Code is consistent with
the General Plan. City staff will prepare the Zoning Code amendments as applicable.
The Consultant will be responsible incorporating the Zoning Code amendment into
the environmental review process.
Public Engagement Program
Critical to the success of the General Plan update is public outreach. The Public
Engagement Program will involve a General Plan Update Committee and/or
community meetings. Staff will separately agendize a request for Council approval to
initiate the process to create the General Plan Update Committee.
The Consultant will have a supportive role to City staff in this respect. The proposed
update of the City' s Land Use and Circulation Element of the General Plan will
address this question based on community feedback. Based on the goals and values
of the community, the proposed update will provide a longterm framework for good
decision making far into the future. It will .provide flexibility for changes in the City' s
economy and land use, and establish goals, policies, and objectives to measure
progress towards attaining the community' s goals for the overall development of the
City.
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Program Environmental Impact Report
In accordance with the California Environment Quality Act (CEQA) s, an initial study
and a " Program Environmental Impact Report" should be prepared. CEQA stipulates
that a " Program EIR is appropriate if there is a "series of actions that can be
characterized as one large project and that are related." Program EIRs are also
prepared for projects when there are common rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program.
A Program EIR for the General Plan Update could serve as a master environmental
document and baseline for future project applications that are processed in the City.
Staff is seeking a "turnkey" environmental program for the General Plan reformat
where a consultant will prepare all CEQA notices, technical studies as needed,
administrative draft, draft and final EIR, mitigation monitoring program, statement of
facts and findings, and statement of overriding considerations, if necessary, and
consult with affected public agencies.
CONTRACT AWARD
Staff evaluated all consultant proposals and selected the firm of Hogle-Ireland based
on the quality of the proposal, interview performance, previous work experience and
recommendations from references. The other firms submitted proposals that were
not consistent with the scope of work outlined in the RFP or did not exhibit a keen
understanding of the land use and circulation issues in Costa Mesa, as compared to
the Hogle-Ireland team.
While each firm submitted competitive proposals, staff believes that Hogle-Ireland,
Inc. is the most qualified firm to perform the work due to the following:
• Excellent responses during interview and comprehensive proposal. Due to the
recency and relevancy of their previous experience, Hogle-Ireland staff most
effectively communicated important issues during the interview.
• Demonstrated relevant experience with General Plan updates and EIRs. Hogle-
Ireland possessed technical capabilities for General Plan updates for cities with
similar demographics and land use development patterns as the City of Costa
Mesa. They have completed General Plan work for cities such as Brea,
Arcadia, Redwood City, and Rancho Cucamonga.
• Highly qualified technical environmental staff and subconsultants. The project
team members are experienced environmental analysts with 20 + years
experience in the preparation of environmental impact reports and General
Plans.
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ALTERNATIVES CONSIDERED
An alternative would be to reject all bids and reinitiate the RFP process.
There are no other viable alternatives that would meet the City' s legal obligations to
update the General Plan. in compliance with State law. Additionally, the City' s
CEQA guidelines do allow EIRs to be prepared by in-house staff. However, the
nature, scope, and complexity of this project and current staff demands do not make
this a viable or practical option.
FISCAL REVIEW
The total proposed contract amount is $664,705. Since this work will take place
over the next 18 months, staff anticipates funding this item over the next three fiscal
years as follows:
• $300,000 currently budgeted in FY 11 — 12 (current year) will be carried over.
• $175,000 currently requested in FY 12-13 (next fiscal year).
• $189,705 will be requested in FY 13-14.
Therefore, sufficient funding is/will be available for the General Plan Update.
LEGAL REVIEW
The attached draft professional services agreement has been reviewed and approved
as to the form by the City Attorney' s office.
CONCLUSION
Staff recommends that Hogle-Ireland, Inc. be awarded the environmental consulting
contract for the General Plan Update and Program EIR. Through a competitive
selection process, staff believes that this firm is the most qualified to complete the
work in a comprehensive and timely manner, based on their relevant experience and
technical expertise. This work activity will occur over the next 16 to 18 months with
the delivery of updated Land Use, Circulation, Housing, and Growth Management
Elements and a new Program EIR.
The Public Engagement Program will involve a General Plan Update Committee and/or
community meetings. Staff will separately agendize a request for Council approval to
initiate the process to create the General Plan Up to Committee.
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CL IRE L. FLYNN, ICP 1VPnTA611AV1
Asst. Dev. Svcs. Director Economic & Development Director/
Deputy CEO
BOBBY YO
G
Finance & I. . Director
C.1
Attachment: Professional Service Agreement
cc: Chief Executive Officer
Assistant Chief Executive Officer
Public Services Director
City Attorney
Transportation Services Manager
City Engineer
City Clerk (9)
Staff (7)
File (2)
Laura Stetson/Lisa A. Brownfield
Project Manager
Hogle-Ireland, Inc.
630 North Rosemead Boulevard, Suite 150
Pasadena, CA 91 107
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PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this 5TH day of JUNE 2012 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
HOGLE-IRELAND, a California corporation ("Consultant").
Iii+� Il►i f-% no 8 :9
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contract to provide the services as more fully described in Consultant's Scope of Work attached
as Exhibit "A"; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and.
C. WHEREAS, City and Consultant desire to contract for the specific services described in
Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection
with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
Consultant's Scope of Work, a copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, consultant will be representing the City of Costa Mesa, and all of its actions,
communications, or other work, during its employment, under this contract is under the direction
of the department. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the
work will be done by the City Clerk or her designee. If the quality of work is not satisfactory,
City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warrantv. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
1.8. Confidentiality. Employees of Consultant, in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
by City. City shall grant such authorization if disclosure is required by law. All City data shall
be returned to City upon the termination of this Agreement. Consultant's covenant under this
Section shall survive the termination of this Agreement.
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2.0. COMPENSATION AND BILLING
2.1. Compensation. As compensation for the provision of services outlined in Exhibit
"A" and in accordance with this agreement, Consultant shall be paid in accordance with the fee
schedule set forth in Exhibit `B," attached hereto and incorporated by reference. Consultant's
total compensation shall not exceed SIX HUNDRED SIXTY-FOUR THOUSAND SEVEN
HUNDRED FIVE DOLLARS ($664,705).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City or
the, Project Manager for this Project, prior to Consultant performing the additional services,
approves such additional services in writing. It is specifically understood that oral requests
and/or approvals of such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City supervisor for
approval on a progress basis, but no more often than two times a month. Said invoice shall be
based on the total of all Consultant's services which have been completed to City's sole
satisfaction as of the date the invoice is created. City shall pay Consultant's invoice within forty-
five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the_
services performed, the date of performance, and the associated time for completion. Any
additional services approved and performed pursuant to this Agreement shall be designated as
"Additional Services" and shall identify the number of the authorized change order, where
applicable, on all invoices.
2.4. 'Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "C," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
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4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of TWENTY EIGHT MONTHS ending on OCTOBER 1, 2014, unless previously
terminated as provided herein or as otherwise agreed to in writing by the parties. Paragraph 4
can simply be modified to provide receiver will secure a separate certificate and funding for any
fees awarded... prior to discharge of the receiver for up to four (4) term periods of one (1) year
each.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Cbmpensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinisheddesign, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum
scope of insurance coverages with an insurance company admitted to do business in California,
rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and
approved by City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence. If such insurance
contains a general aggregate limit, it shall apply separately to this
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Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving; subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is
written as a "claims made" policy, the retro date shall be prior to the start
of the contract work. Consultant shall obtain and maintain, said E&O
liability insurance during the life of this Agreement and for three years
after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, officials, agents, employees, and volunteers are
additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant.."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor
shall it be cancelled, nor the coverage or limits reduced, until thirty (30)
days after written notice is given to City.
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
Costa Mesa shall be excess and not contributing with the insurance
provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall
not affect coverage provided to the City of Costa Mesa, its officers,
officials; agents, employees, and volunteers.
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(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible
or self-insured retention to provide such coverage, the amount of such deductible or self-insured
retention shall be approved in advance by City. No policy of insurance issued as to which the
City is an additional insured shall contain a provision which requires that no insured except the
named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
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deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
Lisa A. Brownfield
Project Manager
Hogle-Ireland, Inc.
A Land Planning & Development
Consulting Firm
630 North Rosemead Boulevard,
Suite 150
Pasadena, CA 91107
Tel: 626.356.4460 x27
Fax: 626.351.0217
IF TO CITY:
Claire L. Flynn, AICP
Act. Asst. Dev. Svcs. Director
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-5278
Fax: 714-754-4856
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"D" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the. enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
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6.9. Indemnification and Hold Harmless Consultant agrees to defend, indemnify, hold
free and harmless the City, its elected officials, officers, agents and employees, at Consultant's
sole expense, from and against any and all claims, actions, suits or other legal proceedings
brought against the City, its elected officials, officers, agents and employees arising out of the
performance of the Consultant, its employees, and/or authorized subcontractors, of the work
undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall
apply without any advance showing of negligence or wrongdoing by the Consultant, its
employees, and/or authorized subcontractors; but shall be required whenever any claim, action,
complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the
Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action,
complaint or suit asserts liability against the City, its elected officials, officers, agents and
employees based upon the work performed by the Consultant, its employees, and/or authorized
subcontractors under this Agreement, whether or not the Consultant, its employees, and/or
authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or
indemnification of the City for claims, actions, complaints or suits arising out of the sole active
negligence or willful misconduct of the City. This provision shall supersede and replace all other
indemnity provisions contained either in the City's specifications or Consultant's Proposal,
which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all
payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
:
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.14. Public Records Act Disclosure: Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualifies as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure
is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the
Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section
1090. During the term of this Agreement, Consultant and its officers, employees, associates and
subconsultants shall not, without the prior written approval of the City Representative, perform
work for another person or entity for whom Consultant is not currently performing work that
would require Consultant or one of its officers, employees, associates or subconsultants to
abstain from a decision under this Agreement pursuant to a conflict of interest statute.
9
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third PgAy Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in; under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
10
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party, is materially
impaired, which determination made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Date:
Mayor, Costa Mesa City Council
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
11
Date:
APPROVED AS TO CONTENT:
Project Manager
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
ATTEST:
Acting Deputy City Clerk
12
Date:
Date:
Date:
Date:
EXHIBIT A
CONSULTANT'S PROPOSAL
13
CITY OF COSTA MESA
LAND USE ELEMENT, CIRCULATION ELEMENT, HOUSING ELEMENT,
AND EIR SCOPE OF SERVICES
Task 1 - Project Initiation and Ongoing Coordination
Hogle-Ireland
Planning & Devolopment Consulting
Projects such as the Land Use, Housing, and Circulation Elements update require communication and
collaboration with City staff and a unified consultant team. This initial task establishes project
management procedures, including communications protocol, scheduling, and timely delivery of products
and services. Lisa Brownfield, Hogle-Ireland's project manager, will maintain regular communication with
the City's project manager to monitor and review project progress.
1.1 - Project Kick -Off and Work Program Refinement
Hogle-Ireland will conduct a kick-off meeting with City staff and the consultant team. Prior to the meeting
but as part of this task, Hogle-Ireland will have revised the scope of work to reflect City staff comment.
During the Kick -Off meeting, we will review the revised scope of work, identify key players' roles, and
establish communication protocols and product review procedures.
1.2 - Ongoing Coordination/City Staff Teleconferences
For the duration of the project, Hogle-Ireland will conduct weekly teleconferences with the City's project
manager to ensure project coordination and to support close collaboration. These calls will allow the
team to review and discuss issues, documents, and plan presentations; and to review project status,
milestones, project needs, etc. Hogle-Ireland, in coordination with City staff, will prepare electronic
teleconference agendas.
1.3 - Senate Bill 18 - Native American Tribal Consultation
Hogle-Ireland will assist the City with Senate Bill 18 (SB18) consultation. The General Plan update
requires formal government -to -government consultation between the City of Costa Mesa and Native
American Heritage Commission (NAHC)-listed tribes. Hogle-Ireland will provide the City with a draft letter
to be transmitted to NAHC. The NAHC will determine if any NAHC-listed Native American sacred lands.
are located within or adjacent to the City. In addition, the NAHC will provide a list of SB 18- specific
Native American contacts for the City that NAHC staff believes should be contacted for additional
information. Hogle-Ireland will provide the City a letter template and detailed instructions to ensure the
City complies with SB 18. No telephone calls or meetings with Native American tribes or contacts are
included in this proposal, as State law directs that the City take the lead in this regard. Should the City
desire that Hogle-Ireland provide additional Native American coordination, we can perform this work as
additional services.
Meetings
® Project Kick -Off Meeting
• Weekly Project Status Teleconferences
Deliverables
n Revised Scope of Work and Schedule
is Letter template and instructions for SB 18 Consultation
April 10, 2012 Page 1 of 16
Task 2 - Community Engagement Events and Materials
The scope of work includes six General Plan Advisory Committee (GPAC) meetings, a Citywide
Alternatives Workshop, a Planning Commission or Planning Commission/City Council study sessions,
and four public hearings. The first event occurs early in the program and is described here. Subsequent
engagement activities are integrated into and described under Tasks 4 and 5.
2.1 - General Plan Advisory Meeting #1
The first GPAC meeting will be conducted early in the planning process. This meeting will provide an
overview of the planning program and an introduction to General Plans, review the GPAC's role and
responsibility, and review the schedule. We will prepare the meeting's presentation and any handouts for
the City staff to distribute. It is assumed that key consultant team members will participate in this meeting.
This scope of work assumes that the City staff will be responsible for GPAC member selection and
securing the meeting facilities for all GPAC meetings.
2.2- Support Materials
Throughout the planning process, graphic materials may be needed to exemplify complex concepts. As
such, Hogle-Ireland has provided an allowance for the preparation of color renderings, visualization tools,
or other graphic materials (beyond those discussed below) that may be used as needed. If additional
support materials are desired, Hogle-Ireland will provide the materials on a time and materials basis, with
City staff's prior written authorization.
Meetings
® General Plan Advisory Committee Meeting #1
Deliverables
® GPAC Meeting Presentation - One electronic file
® GPAC Meeting Materials - One electronic file
® Graphic Materials (allowance) -Electronic files
Task 3 - Land Use, Circulation, and Housing Elements
3.1 - Land Use Alternatives, GPAC Meeting #3, and Citywide Alternatives Workshop
The purpose of this task is to develop conceptual land use alternatives for selected areas where future
change is anticipated or encouraged. The land use alternatives will be evaluated and reviewed for
implications. Hogle-Ireland and City staff will create up to three land use alternatives that focus on distinct
neighborhoods, areas of increased commercial development, and mixed-use corridors. The land use
alternatives developed in this task will form the base of the alternatives used in the environmental analysis
process.
A Hogle-Ireland representative will review the land use alternatives with the GPAC (GPAC Meeting #3).
Based on the GPAC's comments, Hogle-Ireland may make minor revisions to the alternatives, as needed,
and prepare a PowerPoint presentation for a citywide alternatives workshop.
Hogle-Ireland will facilitate the citywide alternatives workshop and will prepare workshop materials
including agenda, comment cards, directional signs, and sign -in sheets. It is anticipated that a preferred
land use alternative will be selected at the conclusion of the workshop. Up to three project team
representatives will attend the citywide workshop. It is assumed that City staff will secure workshop
location and other logistical materials, as needed.
If a single land use alternative is not selected as the preferred plan at the workshop, Hogle-Ireland
representatives will meet with City staff to develop a preferred plan based on public comment.
Meetings
® GPAC Meeting #3 - Alternatives
April 10, 2012 Page 2 of 16
a Citywide Land Use Alternatives Workshop
Deliverables
m Up to three land use alternative maps
• Citywide Alternatives Workshop Meeting Materials -One electronic file
® Citywide Alternative Workshop Presentation - One electronic file
® Preferred Plan - One electronic file
3.2 - Preparation of Land Use and Circulation Elements
Hogle-Ireland and Stantec will prepare administrative draft Land Use and Circulation Elements for City
staff review that reflect the alternatives and input received during previous tasks. The updated Elements
may include use of GIS -based maps, illustrations, and photographs, such as maps identifying
neighborhood boundaries, pedestrian -way maps, and Complete Streets cross sections.
In particular, we will develop a comprehensive Implementation Program and Matrix for the Land Use and
Circulation Elements that tie implementation actions directly to specific goals and policies. This will allow
City department heads and the City Council to readily use the matrix as part of the annual budgeting and
Capital Improvement Program processes.
The Land Use and Circulation Elements have a strong tie to one another and will be developed in concert
with each other to ensure consistency between the two General Plan Elements. This will help create
more effective goals and policies that will help translate into real changes within the community..
3.2.1- Administrative Draft Land Use Element
The Land Use Element update will be centered on allowing for mixed use development in the form of
mixed use overlays. In addition, we anticipate addressing the following issues:
® Promote flexibility to help ensure the success of the recently adopted mixed-use overlay
zones
® Guide future infill development and private redevelopment to promote more ownership units
on the Westside
® Evaluate the need of new land use designations to promote private redevelopment in targeted
areas
® Accommodate new commercial and mixed-use trends
m Evaluate the stepped FAR program
The Administrative Draft Land Use Element will be submitted to the City electronically for staff review.
The City will be responsible for collecting all staff comments and creating a single "comment document"
from which Hogle-Ireland will revise the Administrative Draft Element. This scope and budget assume
one round of comments and revisions.
3.2.2 - Administrative Draft Circulation Element
The focus of the updated Circulation Element will be on creating connections and making it easier for
Costa Mesa residents and business employees to get around the City more easily than they can today.
We will establish a new classification system for City streets based on a Complete Streets approach.
Required linkages to complete biking and pedestrian paths will be identified. Regional transit plans will be
accommodated. In the Circulation Element, we anticipate addressing the following issues:
® Update to the City's Circulation Plan to reflect current conditions and future transportation
needs
® Evaluate restrictions imposed on the Westside of Costa Mesa resulting from the 2000
General Plan and transportation model
• Include components of the City prepared Pedestrian Plan
® Evaluate the City's Master Plan of Bikes to enhance bicycle connectivity and improve the
overall bikeway system
® Revise the Circulation Element to ensure compliance with Assembly Bill 1358, the 2008
Complete Streets Act
April 10, 2012 Page 3 of 16
The goals, objectives, and policies in the existing Circulation Element will be reviewed and revised to
reflect the Complete Streets Act, the updated LOS threshold policies, and the updated Land Use Element
and future transportation needs. The Circulation Element will reflect a balanced, multi -modal approach to
serve the City's existing and anticipated growth projections.
The Administrative Draft Circulation Element will be submitted to the City electronically for staff review.
The City will be responsible for collecting all staff comments and creating a single "comment document"
for each product from which the Hogle-Ireland team will revise the documents. This scope and budget
assume one round of comments and revisions.
Deliverables
® Administrative Draft Land Use Element- One electronic file
• Administrative Draft Circulation Element- One electronic file
3.3 - GPAC Draft Land Use and Circulation Elements and GPAC Meetings #4 and #5
Upon the administrative draft documents' revision, Hogle-Ireland will forward the GPAC Draft Elements
and Bikeway Master Plan (Task 5) to the City for distribution. Team representatives will facilitate the
documents' review during two GPAC meetings. If additional meetings are necessary to complete the
review, Hogle-Ireland will facilitate the additional meetings on a time and materials basis and upon receipt
of written authorization from the City's project manager. As appropriate, the GPAC Draft Elements will be
revised to address GPAC comments.
Meetings
® GPAC Meeting #4 and #5 - Draft Land Use and Circulation Elements and Bikeway Master
Plan
Deliverables
® GPAC Draft Land Use Element - One electronic file
• GPAC Draft Circulation Element - One electronic file
3.4 - Preparation of Housing Element
3.4. > - Administrative Draft Housing Element
Based on the Housing Element Technical Memorandum, Ms. Tam and Hogle-Ireland will craft a Housing
Plan with goals, policies, and implementation programs relative to the maintenance, preservation,
improvement, and development of housing to cover this new planning period. Quantified objectives will
also be established to address housing needs for all income groups, including extremely low income
households.
The Administrative Draft Housing Element (including any Technical Appendices) will be submitted to the
City electronically for staff review. The City will be responsible for collecting all staff comments and
creating a single "comment document" from which Hogle-Ireland will revise the Administrative Draft
Housing Element. This scope and budget assume one round of comments and revisions.
3.4.2 - Draft Housing Element
Based on input from community leaders and residents, Hogle-Ireland will revise and prepare a draft of the
Housing Element to transmit to HCD.
Deliverables
® Administrative Draft Housing Element
® Draft Housing Element
3.5 - Joint City Council/Planning Commission Study Session
Prior to release of the Draft Land Use, Housing, and Circulation Elements and the Bikeway Master Plan
for public review and preparation of the Draft EIR, we recommend that the City conduct a joint City
April 10, 2012 Page 4 of 16
Council/Planning Commission Study Session to review the Land Use, Circulation, and Housing Elements.
This way, any substantive revisions they would like to see incorporated into the document can be
accommodated prior to preparation of the Draft EIR. Hogle-Ireland will prepare the PowerPoint
presentation for use in the Study Session.
Meeting
® Joint City Council/Planning Commission Study Session
Deliverable
n Joint City Council/Planning Commission Study Session Presentation -One electronic file
3.5.1- Public Review Draft Elements
As appropriate, Study Session comments will be incorporated into the Draft Elements and Bikeway. The
Draft Elements will form the basis for the CEQA analysis and be available for formal public comment.
Deliverables
• Draft Land Use Element- One electronic file
• Draft Circulation Element- One electronic file
3.6 - HCD Coordination
This task involves coordination with the California Department of Housing and Community Development
(HCD) to review the City's Draft Housing Element for consistency with State housing element law.
Our scope assumes two rounds of HCD review for the draft Housing Element, and one round of HCD
review on the adopted Housing Element, consistent with our previous experience. HCD is allowed 60
days to review a draft Housing Element and 90 days to review an adopted Housing Element. We
anticipate that HCD staff will take the full 60 days allowed to complete its review. During this time — and
during the course of element preparation — we will keep in contact with HCD staff to facilitate review and
anticipate/respond to any specific concerns HCD may have. As necessary, we will provide HCD with any
requested supplemental data or information on proposed programs, policies and strategies to meet the
RHNA. In response to HCD's letter of findings, we will prepare a response to HCD comments to be
included with the revised draft Housing Element. This response will be submitted to the City for its use in
preparing appropriate Staff Reports.
As we cannot fully anticipate the depth and scope of comments HCD will offer (particularly given the
recent HCD administration changes) nor the time required to effectively negotiate a position acceptable to
the City, we have provided an allowance for this task in the program budget. If additional effort is required
beyond this allowance, we will bill for additional work on a reimbursable basis with prior authorization from
the City. Our scope assumes that we will be able to reach resolution on all issues, allowing work to move
forward with preparation of the Public Hearing Draft Housing Element.
Deliverables
a Memo addressing HCD Comments - One electronic file
m Revised Draft Housing Element- One printed copy and one electronic file
Task 4 - Bikeway Master Plan
Cities generally use the guidelines set for the State Bicycle Transportation Account (BTA) in the
preparation of Bikeway Master Plans. This assures a comprehensive document and preparation process.
It also insures that the plan is eligible for funding through a committed funding source. Further, other
bikeway funding programs often respect BTA eligibility as a qualification for funding under other
programs. Caltrans reviews bikeways plans and verifies eligibility based upon established and published
criteria.
Stantec will prepare an updated Master Plan of Bikeways consistent with BTA requirements. For the
.bicycle data needs, it is presumed that the vehicle traffic data program will include bicycle counts at
April 10, 2012 Page 5 of 16
representative locations as required for BTA eligibility. The updated Master Plan of Bikeways will include
an assessment of bikeway level of service (BLOS) for existing and proposed facilities or upgrades. The
assessment will be pursuant to the new version of the Highway Capacity Manual, and tools for
assessment of BLOS will be included in the documentation.
It is proposed that a GPAC meeting be convened focusing on bicycle planning. The environmental,
societal, and planning benefits of bicycling will be clearly articulated throughout the BMP document.
Relationships to other sections of the Circulation Element and in other plan elements will also be included.
Deliverable
® Draft Bikeway Master Plan : One electronic file
Meeting
® GPAC Meeting #6 - Draft Bikeway Master Plan
Task 5 - Growth Management Assistance
Hogle-Ireland will provide technical assistance to City staff in the City's effort to update the Growth
Management Element. For the budgeting purposes, we have provided an allowance for this task. If
additional expenditure is requested by the City, it will be provided upon receiving written authorization and
will be invoiced on a time and materials basis.
Deliverables
a Technical Assistance
Task 6 - Economic Feasibility
The Natelson Dale Group, Inc. (TNDG) will evaluate the economic feasibility of various policy changes
proposed as part of the Land Use, Circulation, and Housing Elements' update. TNDG's primary analytical
tool will be a pro forma financial model that will evaluate the impacts of selected policies on the viability of
private development. The model will also allow for a realistic evaluation of the policies' effect on
supportable land values. TNDG's model will be used to complete customized analyses for each of the
policy issues under consideration. TNDG understands that this work would occur in the middle to late
stages of the General Plan update process and that the specific questions to be addressed may evolve
based on the priorities that emerge from the earlier stages of the General Plan update. TNDG will,
therefore, prepare a refined scope of work (reflecting the available budget of $20,000) at the time that the
City is ready to initiate the economic analysis.
For the purpose of this scope of work, TNDG would anticipate that the three specific issues may include:
6.1- Potential Use of Overlay Zones
Whereas it is anticipated that an overlay zone would ultimately cause property values to increase and
thereby provide an economic incentive for land owners to sell their properties for alternative land uses,
unrealistic expectations about land values have the potential to result in "stalemates" where property
owners "hold out" for prices that would make redevelopment financially infeasible to a developer. The pro
forma will therefore be carefully designed to capture the full costs associated with higher -risk infill
development, allowing for a more realistic assessment of supportable land values. TNDG understands
that this will essentially be a citywide analysis applicable to a range of motel properties, although our
proposed budget would allow for a focused analysis on a target area (e.g., Newport Boulevard) if desired
by the City.
6.2 - Existing Westside Overlay Zone Efficacy
As with the above analysis, this pro forma would focus on identifying realistic land values for sites being
recycled from older uses. The intent would be to identify any adjustments to the overlay zone policy that
may be necessary in order to more effectively incentivize private development.
April 10, 2012 Page 6 of 16
6.3 - Stepped FAR Policy
TNDG understands that the existing stepped FAR policy groups land uses in terms of their traffic
generation characteristics (low, medium and high), with different FARs allowed for each group. In order to
evaluate the impacts of this policy, TNDG (along with City staff and consultant team members) will select
a representative business type from each group (i.e., a high traffic generator, a moderate traffic generator
and a low traffic generator). For each representative business type, TNDG will complete a case study
analysis to determine the extent to which the. stepped FAR policy effectively precludes a particular
business type from locating in the City. This analysis will utilize TNDG's pro forma financial model. In
addition to adapting the pro forma financial model to address this issue, TNDG will also interview
commercial real estate brokers familiar with the policy to assess the extent to which it has impacted their
ability to market commercial properties in the City.
Deliverables
® Economic Feasibility Memorandum with spreadsheet attachments - One electronic file
Task 7 - CEQA Compliance
Hogle-Ireland will prepare a Program EIR for the Costa Mesa Land Use, Housing, and Circulation
Element Updates as required by Section 15063(b) of the State California Environmental Quality Act
(CEQA) Guidelines. Although we will prepare a new Program EIR, we will tier from the adopted General
Plan EIR wherever possible to minimize duplication of analysis. The purpose of the EIR is to provide a
comprehensive evaluation of the long-term environmental consequences resulting from implementation of
the proposed Land Use, Housing, and Circulation Elements.
7.1 - Document Review
The Hogle-Ireland team will conduct a detailed review of project area and documents relevant to the
update of the Land Use, Housing, and Circulation Elements. This may include:
• Project area review
® Existing General Plan
• Specific Plans and Urban Plans
• Zoning Ordinance and Overlay Zones in particular
• Environmental documentation for the prior General Plan and major projects
• Traffic Impact Fee program
® Traffic Model
® Recent development applications
• Planning Commission minutes for major development projects and policy considerations
7.2 - Land Use Technical Memorandum
We understand that the City's GIS data contains a relatively accurate existing land use data base. As
such, we will primarily rely on the City's existing land use information contained within its GIS system;
however, we will supplement the information with a limited windshield survey to verify land uses in specific
neighborhoods, corridors, or districts identified by the City. If additional existing land use information is
required, Hogle-Ireland will conduct land use surveys or review tax assessor or other data sources at an
additional cost.
The existing land use data will be compiled as will existing General Plan policy, urban plans, specific
plans, and zoning data. This information will be used to conduct a nonconforming use analysis, and
development potential and consistency analysis.
In addition, we will include analysis and policies required to address recent State regulations including AB
162 (and other flood risk management measures), AB 32, and SB 244 (infrastructure).
Upon completion of the land use analysis, we will prepare a technical memorandum that relies upon
maps, graphics, charts, and photographs. The budget assumes up to two rounds of City staff review and
comment. The budget also assumes that all City staff comment will be combined into a single electronic
April 10, 2012 Page 7 of 16
comment document for the consultant team to use in revising the technical memorandum. Upon revision
of the technical memorandum, it will then serve as the basis for the EIR's existing land use conditions
analysis.
Deliverable
N Land Use Technical Memorandum -One electronic file
7.3 - Circulation Technical Memorandum and Bikeway Technical Memorandum
7.3.1- Transportation Model Update
In this task, Stantec will update the City's transportation model. This model was developed in 2000 and
an updated existing version and a new long-range version will be prepared.
The updated model will use the network and zone structure of the current City model and the most recent
Orange County Transportation Analysis Model (OCTAM) will be used in the refinement process. The
updated model will have City of Costa Mesa approval, and will meet all OCTA requirements for subarea
model development guidelines (certification by OCTA will provide the approval for using the model in the
update of Circulation Element as well as other planning studies).
Some refinements to the zone structure will be made based on information from the land use update. The
network will be refined to yield acceptable forecasts on the Circulation Element roadway system. Mode
choice will be based on the most recent OCTAM, and within the City of Costa Mesa, adjustments will be
made to reflect local conditions. The traffic assignment component will include post processing
techniques to produce morning and evening peak hour intersection turning movement information at all
signalized intersections on the Circulation Element roadway system, as well as daily and morning and
evening peak hour forecasts on all segments included in the network. Validating to current conditions will
be carried out using up to 10 screen lines. Existing and future land use data by traffic zone will be
provided by the City.
Work items to be carried out for this task are as follows:
io Prepare existing traffic count database. All links and intersections to be included in the traffic
model will be part of this database. Where appropriate, raw count data will be refined to
provide flow continuity along selected links.
• Adjust zone structure. The zone system will be updated to be consistent with the latest
OCTAM and also to provide zonal boundary adjustments and zone splits as appropriate for
improved forecasting capability.
• Network development. Existing and future networks will be prepared for use in the model
validation and forecasting respectively.
• Land use and trip generation. The land use categories in the current model will be revised as
necessary and the trip rates updated. As noted in the approach section, attention will be
given to updating the land use categories to be used, and the depiction of mixed use
developments will be part of this refinement.
® Model validation. In this work item, the existing year version of the model will be validated.
Screenlines will be selected and used for comparing count data to model data. Refinements
will be made as necessary to achieve reasonable agreement between the two.
® Traffic forecasts. Using the updated future land use database, traffic forecasts will be
prepared for two alternative networks, the MPAH and the constrained.
® Documentation. A transportation model report will be prepared describing the traffic model
and its validation and providing the necessary information for OCTA certification.
73.2- Future Level of Service (LOS) Methodology
This task will update the current methodology to address the City's move toward a multi -modal approach
to LOS. The Complete Streets Act affects the manner in which streets are designated and designed, and
has implications for measuring LOS. Stantec will work with City staff in revising such methodology,
bringing our experience from other locations to establish procedures that are practical while realizing the
expanded goal of this part of the Circulation Element.
April 10, 2012 Page 8 of 16
Z 3.3 - Future Transportation Needs
Using the traffic model forecasts from Task 4.2.1, future deficiencies will be identified based on the
updated land use element and two transportation network alternatives (constrained and MPAH). An
improvement program to mitigate those deficiencies will then be prepared, with some iterations in which
the updated LOS procedures and the potential for multi -modal mitigation measures and different LOS
values for selected locations will be considered. The result will be a program to serve long-range
transportation needs in the context of building out the updated Land Use Element.
Deliverable
® Circulation Technical Memorandum -One electronic file
7.4 - General Plan Advisory Committee Meeting #2 - Technical Memoranda
The technical memoranda findings will be reviewed with the GPAC by the consultant team staff. For
budget purposes, we have assumed the consultant team will prepare PowerPoint presentation for the
meeting and a project team representative will present the material. Hogle-Ireland will also prepare an
agenda and other meeting materials.
Meeting
u General Plan Advisory Committee Meeting #2
Deliverables
® GPAC Meeting Presentation(s) - One electronic file
® GPAC Meeting Materials - One electronic file
7.5 - Housing Technical Memorandum
7.5.1- Housing Needs Assessment
Veronica Tam will serve as the technical advisor and Hogle-Ireland staff will conduct the technical
analysis for the Housing Technical Memorandum. We will review the 2008-2014 Housing Element and
other data provided by the City, and will update information in the new draft as necessary. We anticipate
updating the Housing Needs Assessment with housing and population data based on the 2010 U.S.
Census, latest three- and five-year estimates from the American Community Survey, and other up-to-date
City data available related to existing housing units and recent development projects. The project team
will assess housing conditions and. evaluate housing needs within the City, including housing needs for
special population groups. Hogle-Ireland will address any applicable new State laws, including AB1867,
which requires an analysis of developmentally disabled persons housing needs.
7.5.2 - Housing Constraints Analysis
The Housing Constraints analysis identifies potential and actual governmental and nongovernmental (e.g.
physical) constraints to housing production, including any ' constraints on people with disabilities, as
required by SB520. We will update this section as necessary with up-to-date development processes and
fees, as well as changes in market constraints due to the economic changes since the last Housing
Element was adopted.
7.5.3 - Housing Resources and Sites Analysis
The Resources and Sites analysis will focus on site suitability for housing, drawing from earlier research
completed for the 2008-2014 Housing Element, and will be augmented with our research to address the
RHNA associated with the 2014-2021 Housing Element cycle. We will prepare GIS maps that identify
sites to meet the RHNA for inclusion in the Housing Element based on the Land Use Element update. We
assume that the Land Use Element will sufficiently designate areas to accommodate the City's 2014-2021
RHNA. Additionally, we will include a listing of funding sources for affordable housing projects, for -sale
and for -rent.
7.5.4 - Progress Report on the 2008-2014 Housing Element
The Housing Element is required by State law to include a report on the progress the City has made in
implementing the current Housing Element. Consistent with State law, we will assess the continued
April 10, 2012 Page 9 of 16
appropriateness of the programs and policies in contributing to the attainment of the stated housing goals.
The project team will specifically assess all housing programs pertaining to special needs groups,
including the elderly, physically and developmentally disabled, female head -of -household, the homeless,
and lower- and moderate -income groups to determine whether existing programs were successfully
implemented and to inform future policy recommendations. The results of the 2008-2014 Housing Plan
will be quantified where possible, but may be qualitative where necessary.
The budget assumes up to two rounds of City staff review and comment. The budget also assumes that
all City staff comment will be combined into a single electronic comment document for the consultant team
to use in revising the technical memorandum. Upon revision of the technical memorandum, it will then
serve as the basis for the EIR's existing population/housing conditions analysis.
Deliverable
® Housing Element Technical Memorandum -One electronic file
7.6- Initial Study/Notice of Preparation
Hogle-Ireland will prepare an Initial Study in accordance with Appendix G of the State CEQA Guidelines.
The Initial Study will be used to screen -out environmental issues that would not be potentially significant
and to identify those issues that will be analyzed at length in the EIR. Based upon our preliminary review
of the project, we anticipate that the Agriculture and Forestry Resources topic be screened from further
analysis in the EIR. Hogle-Ireland will respond to one round of comments by the City before finalizing the
Initial Study.
A Notice of Preparation of a Draft Environmental Impact Report (NOP) will be prepared and circulated to
the State Clearinghouse, Responsible Agencies, Trustee Agencies, and other interested and affected
state, county and local government agencies, local Native American tribal representatives, and other
groups and individuals who may have interest in the Program EIR. Hogle-Ireland will work with City staff
to develop a distribution list for the NOP and subsequent notices and doquments concerning milestones in
the EIR process. The NOP will consist of a one page form letter with a brief description of the scope of
the project, the name and address of a City staff contact to submit comments to, and a map of the City
planning area. Notices sent to agencies will include an electronic version of the Initial Study. Notices sent
to other parties will include a link to a downloadable version of the Initial Study. All notices will be sent
certified mail. Hogle-Ireland will produce, mail, and track all notices.
A public scoping meeting is required for this EIR pursuant to Section 15082(c)(1) of the CEQA Guidelines.
Hogle-Ireland will host one public meeting to solicit public comments concerning environmental impact
topics of concern and suggested approaches to avoid or reduce impacts of the updated Elements. This
proposal assumes that City staff will be responsible for arranging the date, time and place of the scoping
meeting. Hogle-Ireland will lead the scoping meeting by giving an overview of the EIR purpose and
process and giving directions on the kinds of comments that are appropriate for this meeting. Hogle-
Ireland will record the meeting minutes, noting the environmental concerns raised during the meeting.
The scoping meeting will be announced in the NOP.
Deliverables
in Notice of Preparation - 25 printed copies and one electronic file
® Initial Study- 5 printed copies and 25 electronic CD ROMs
® Scoping Meeting Presentation Materials (including sign -in sheet, PowerPoint presentation,
and display exhibits, as needed)
7.7 - Screencheck EIR
A comprehensive Program EIR will be prepared, containing all information required by Sections 15124
through 15129 of the CEQA Guidelines. A table of contents is presented below:
® Introduction
® Executive Summary
® Project Description
® Environmental Setting, Impacts, and Mitigation Measures
April 10, 2012 Page 10 of 16
• Significant Irreversible Environmental Changes
• Growth Inducing Impacts
® Cumulative Impacts
® Alternatives
® Organizations and Persons Consulted
For each of the impact topics, our approach will be to characterize the existing physical conditions and
pertinent regulatory framework, then quantify or qualitatively describe the future conditions resulting from
implementation of the proposed general plan elements. Impact significance will be assessed with respect
to the thresholds defined in Appendix G of the CEQA Guidelines, using methodologies that are
appropriate for a long range planning program. Impact significance will be determined after consideration
of the beneficial effects of proposed policies that are designed to avoid or reduce environmental impacts.
Programmatic analysis requires a reasonable assessment of future, potential changes to the physical
environment due to the policies of the Land Use, Housing, and Circulation Element updates.. The analysis
may not be based on buildout of the Land Use or Circulation Plans if buildout is not anticipated to occur
within the planning horizon (20 years); however, considering, the urban and developed character of Costa
Mesa, we anticipate that buildout could reasonably occur within the life of the Land Use, Housing, and
Circulation Element updates. Our analysis will hinge on the fact that the Land Use, Housing, and
Circulation Elements do not, in and of themselves, result in the growth of population, household,
employment, or traffic. Growth occurs from a dynamic system of birth, death, immigration, emigration,
and other factors. The analysis will be based on the ability of the element updates to accommodate
anticipated growth while avoiding impacts to the environment. Our approach will minimize incorporation
of mitigation measures by ensuring policies adopted in the element updates serve as programmatic
measures to minimize of eliminate environmental impacts.
To streamline the EIR preparation process and thus reduce costs, this proposal assumes that all
background information and mapping compiled for each of the updated general plan elements is
completed and available to the team when work on the EIR commences. This information is expected to
be sufficient to fulfill the contents required for land use and circulation elements as prescribed in California
Government Code Sections 65302, and sufficient to fully characterize the environmental setting for each
impact topic, so that an adequate assessment of impacts can be made and there is no difference in
baseline conditions assumptions between the element updates and the EIR. Hogle-Ireland anticipates
that only one round of comments will be necessary to establish the Proofcheck EIR; however, we
recognize that a secondround of comments may be necessary if substantial changes are required. Our
budget does not account for a second round of comments; we would complete a second Screencheck EIR
with a budget amendment at cost for time and materials. The following highlights key components of our
approach to the Program EIR.
7.7.1- Project Description
This will consist of a summary of the main features of the proposed element updates, focusing on key
land use policy changes and the major goals and objectives defined for the updated plan. Exhibits will
include a regional and vicinity map, the proposed Land Use, Housing, and Circulation Plans, and
photographic survey of key points in the planning area.
7.7.2 - Air Quality and Climate Change
Hogle-Ireland will model and analyze air quality and climate change impacts for the project. We will
characterize the existing air quality environment, applicable regulatory framework, and assess long-term
air quality impacts in accordance the South Coast Air Quality Management District (SCAQMD) CEQA Air
Quality Handbook. Hogle-Ireland will analyze greenhouse gas emissions and climate change in
accordance with guidance provided by the California Air Pollution Control Officers Association (CAPCOA)
and SCAQMD interim guidance. Climate change protocols are constantly evolving in light of AB32 and
Hogle-Ireland will analyze climate change impacts in accordance with the latest guidance.
Hogle-Ireland will model criteria pollutants and greenhouse gas emissions using the California Emissions
Estimator Model (CaIEEMod) based on the proposed land use plan and the project traffic analysis. We
will model emissions from existing developed uses and future potential uses and compare the difference
April 10, 2012 Page 11 of 16
to the thresholds promulgated by.SCAQMD. We will discuss construction emissions qualitatively because
it is speculative to analyze construction impacts at the program level. We will also discuss carbon
monoxide hotspots qualitatively. We will identify any existing toxic air contaminant emitters in and within
one-quarter mile of the planning area and discuss land uses that could support future emitters. We will
discuss land uses that produce odor impacts and analyze both existing and potential future impacts on the
planning area and vicinity. We will also analyze consistency with the Air Quality Management Plan
(AQMP). It is likely that significant and unavoidable air quality impacts will occur as a result of emissions
of one or more criteria pollutants.
The EIR analysis will be designed pursuant to Section 15183.5 (Tiering and Streamlining the Analysis of
Greenhouse Gas Emissions) of the CEQA Guidelines. In essence, a climate action plan will be
developed within the EIR to eliminate the need for future GHG emissions analysis in compliant projects.
The threshold for determining greenhouse gas emissions impacts will be coordinated with SCAQMD and
will likely require that emissions from the planning area be reduced by approximately 30 percent. We will
also analyze consistency with the state Scoping Plan and the 2012 Regional Transportation Plan and
Sustainable Communities Strategy (RTP/SCS), assuming it is adopted when preparation of the EIR
commences.
7.7.3 - Noise
Terry A. Hayes Associates (TAHA) will to model and analyze the existing and future noise levels in the
community. Completed work products will provide essential information for incorporation analyzing the
potential impacts of changes in land use and circulation in EIR. Noise measurements will be obtained to
calibrate the traffic noise model and to establish representative examples of fixed and transportation -
related sources. Using traffic data provided by the traffic consultant, an analysis of the existing and future
traffic noise levels adjacent to the arterials and highways within the planning area. Noise contours will be
developed each segment of arterial and highway included in the traffic study relative to the roadway
centerline. The contours will be developed using either the community noise equivalent level (CNEL) or
the day -night sound level (Ldn) metric, as preferred by the City. The report will also identify areas where
significant noise impacts could occur and suggest programmatic measures to avoid such impacts through
implementation of standard planning and environmental review procedures.
The noise and vibration analysis will characterize existing conditions through noise monitoring and mobile
source noise contours, discuss applicable regulatory framework, discuss construction noise and vibration
impacts, develop future mobile noise contours, and identify measures that mitigate noise and vibration
impacts. Substantial sources of existing noise in the City include freeways (e.g., 1-405), arterial roadways,
John Wayne Airport, the Orange County Fairgrounds, and various commercial and industrial land uses. A
noise monitoring protocol will be developed to characterize existing noise levels associated with these
noise sources at a representative sample of sensitive land uses. Sensitive land uses include, but are not
limited to, residences, schools, and hospitals. In addition to noise monitoring, existing noise levels will be
characterized though mobile source noise contours. The contours will be developed using guidance
provided by the Federal Highway Administration related to predicting mobile source noise. The analysis
will use average daily traffic to present the distance from the roadways to the 60 dBA, 65 dBA, and 70
dBA contours. The regulatory framework discussion will contain federal, State, and local standards. This
includes United States Environmental 'Protection Agency guidelines, the State Noise and Land Use
Compatibility Matrix, and the City Noise Ordinance.
The impacts analysis will begin by assessing noise and vibration levels associated with typical
construction activity associated with the implementation of a land use element. The analysis will discuss
standard construction techniques that affect noise and vibration levels. The discussion will present typical
construction noise and vibration levels and how the levels reduce over distance. Similar to existing
conditions, mobile noise contours will be developed using future traffic volumes proposed in the
circulation plans. The impact analysis will also discuss land use compatibility associated with future
operations of John Wayne Airport and the Orange County Fairgrounds (e.g., the Pacific Amphitheater and
the Speedway), and stationary sources of commercial and industrial noise. If noise and vibration impacts
are identified, the existing Noise Element will be reviewed to assess the effectiveness of existing policies
and programs to reduce impacts. If necessary, new programmatic measures will be recommended to
further control noise and vibration levels.
April 10, 2012 Page 12 of 16
7.7.4 - Transportation/Traffic
Existing and future traffic volumes and level of service for the main elements of the City's transportation
network will be obtained from the traffic study being prepared by Stantec for the Circulation Element
update. The traffic study will identify near-term and long-term transportation system improvements that
will need to be constructed to provide adequate capacity for the projected traffic volumes resulting from
implementation of the updated Land Use Element. The Circulation Element will identify programmatic
measures to ensure that an adequate transportation infrastructure is supported by sufficient funding
through private and public means, and that it will define appropriate thresholds to guide preparation of
project -level traffic impact analyses that will be prepared after adoption of the updated elements. The
traffic study and Circulation Element will adequately address impacts to any elements of the CMP network
that are within the arterial network serving the City's planning area. The traffic study and Circulation
Element update will also address alternative modes of transportations and Complete Streets.
7.7.5 - Cumulative impacts
This issue will generally be examined in terms of how the updated elements are consistent with or may
conflict with applicable regional growth management plans and policies adopted by the Southern
California Association of Governments (SCAG). The EIR will be designed to account for planning area
wide impacts for project -level cumulative impact tiering.
7.7.6 - Alternatives
In summary narrative and matrix format, alternatives will be described and impacts of each will be
compared to those of the proposed General Plan. These will include a No Project Alternative.
Alternatives will be identified in collaboration with the City and the viability of each will be screened to
identify: 1) if the alternative meets most or all of the objectives of the project and 2) if it could avoid any
significant impacts of the project.. Alternatives not meeting both of these criteria will be excluded from
analysis pursuant to CEQA.
Deliverable
® Screencheck EIR -One electronic file
7.8 - Proofcheck EIR
Following receipt of one consolidated set of City Staff comments concerning the adequacy of the
Screencheck EIR, we will discuss and clarify specific comments as needed, and prepare appropriate
revisions to the document to address those concerns. A Proofcheck EIR will then be submitted for final
review to identify any remaining minor revisions necessary to complete the EIR sufficiently to commence
the public review process. Hogle-Ireland will make final minor revisions, as necessary.
Deliverable
E Proofcheck EIR -One electronic file
7.9 - Draft EIR
Hogle-Ireland will produce and circulate the Draft EIR for the mandatory 45 -day public review period with
the Notice of Availability (NOA). The NOA will identify the project and explain the public review process.
Particularly, the NOA will identify what types of comments are helpful and require responses pursuant to
CEQA and the appropriate format. City staff will be responsible for publication in the local newspaper.
Hogle-Ireland will produce, mail, and track all notices. We will provide public agencies with a notice and
an electronic copy of the DEIR. Other parties will receive a notice and a link to downloadable version of
the DER. We will send 15 executive summaries and electronic copies of the DER to the State
Clearinghouse including the mandatory Notice of Completion (NOC).
Deliverables
® Notice of Availability - 25 printed copies and one electronic file
® Notice of Completion - One printed copy and one electronic file
• Draft EIR - One printed copy and 20 CD ROMs
® Executive Summary - One electronic file
April 10, 2012 Page 13 of 16
7.10- Response to Comments
Following the end of the 45 -day public review and comment period on the Draft EIR, we will prepare
written responses to all written comments submitted to the City concerning the adequacy of the
information and analysis presented in the Draft EIR. All correspondence will be included, and all
comments that are specific to the adequacy of the EIR will be highlighted and numbered to correspond to
the appropriate response to each comment, for each -author. If there are a substantial number of
comments expressing the same concern(s), we will prepare a "master response" to that (those)
comment(s), to be repeated in the response to all persons/agencies that had that same comment.
Comments that do not require responses will be identified and a summary from the CEQA Guidelines
explaining why no response is provided will be included. Hogle-Ireland will respond to one round of
comments by the City. Hogle-Ireland has budgeted 100 hours of primary analyst services to address
responses to comments. If more than this allowance is required to respond to comments and prepare the
Final EIR, we will alert the City and ask that additional funds be made available.
Deliverable
® Responses to Comments - One electronic file
7.11 - Statement of Facts and Findings
To expedite the final phase of the project approval process, Hogle-Ireland will prepare Findings required
under Section 15091 and, if necessary, a Statement of Overriding Considerations (SOC), pursuant to
Section 15093 of the State CEQA Guidelines. The draft Findings and SOC will be prepared using
templates provided by the City and submitted for one round of review by City staff and the City Attorney.
We will make one set of revisions to each. We assume minor revisions to the project and/or mitigation
measures will occur and that the Facts and Findings will need to be revised. For budget purposes, we
have assumed an allowance for this task.
Deliverable
n Statement of Facts and Findings - One electronic file
7.12 - Final EIR
Minor revisions may be made to EIR text and exhibits, if warranted, to correct errors and/or provide
clarifications or additional information. Minor changes would not include any significant new information
such as the identification of an additional significant impact or. a new mitigation measure that requires a
substantial alteration to the proposed project. These minor revisions will be presented in an "Errata"
section to be incorporated into the Final EIR. Responses to comments will also be included in the Final
EIR. Hard copies of the Final EIR for decision making bodies will be limited to the DEIR (Volume 1) and
the FEIR; appendices will be included as an electronic copy unless specifically requested. File copies will
include hard copies of all EIR sections.
Prior to consideration of the Final EIR, Hogle-Ireland will prepare a Mitigation Monitoring and Reporting
Program (MMRP) in accordance with Section 21081.6 of the CEQA Statutes. This can be provided as a
stand-alone document, to attach to findings and resolutions, or can be incorporated into the'Final EIR, as
the City prefers. The MMRP will list all measures included in the Final EIR to avoid, reduce or
compensate for the potentially significant impacts of the project, note the timing for implementation of
each measure and identify the entities responsible for ensuring that the mitigation measures are properly
implemented at the right time, and verified as completed as intended. Hogle-Ireland will respond to one
round of comments by the City on the Final EIR.
Deliverables
in Final EIR, File Copy- One hard copy and one electronic file
® Final EIR, Hearing Copy- One hard copy and 10 CD ROMs
April 10, 2012 Page 14 of 16
Task 8 - Hearings and Final Documents
8.1 - Public Hearings
Hogle-Ireland will prepare a PowerPoint presentation and a Hogle-Ireland representative will attend up to
two Planning Commission public hearings to present and review the Land Use, Housing, and Circulation
Elements, and EIR.
Hogle-Ireland will prepare a PowerPoint presentation and a Hogle-Ireland representative will attend up to
two City Council public hearings to present and review the Land Use, Housing, and Circulation Elements
and EIR.
If additional time or personnel is required beyond the meeting specified above, the additional cost will be
billed on a reimbursable basis with prior authorization from the City.
8.2 - Final Documents
Following final City Council action on the Land Use, Housing, and Circulation Elements, Hogle-Ireland will
revise the Elements per the Council's direction. We have provided an allowance for this task, as we
cannot predict the level of changes that may be directed. Any time required beyond this allowance will be
billed on a reimbursable basis with prior authorization from the City. We will prepare a pre -press version
for City staff review. Following staff's review of the pre -press final Land Use, Housing, and Circulation
Elements, we will incorporate the revisions.
Meetings
• Facilitate and attend up to two Planning Commission hearings
® Facilitate and attend up to two City Council hearings
Deliverables
• Pre -Press Final Elements - One printed copy and one electronic file
® Land Use
® Housing
In Transportation
• Final Elements - One printed copy and one electronic file
• Land Use
® Housing
• Transportation
Task 9 - Post Circulation Element Completion Tasks
9.1.1- Conceptual Layouts and Costs
Stantec will prepare conceptual layouts of the recommended transportation improvements. These will
then be used to make order of magnitude cost estimates.
Deliverable
a Draft Conceptual Layouts and Costs
9.2 - Traffic Impact Fee Program Update
In this task, the traffic impact fee program will be updated using the new transportation model and the
costs for the recommended transportation improvements. The nexus between future development and
future improvements will be the basis for the updated program. Considerations will include the potential
for different fees in different parts of the City, and a VMT approach to fee allocations to individual land
uses (the methodology used by Stantec for fee programs typically involves both trip generation and trip
length when establishing land use based fees.
Deliverable
® Draft Traffic Impact Fee Program Update
April 10, 2012 Page 15 of 16
9.3- Traffic Impact Study Guidelines Assistance
Stantec will provide assistance to the City as it evaluates the Traffic Impact Study Guidelines.
Deliverable
o Staff assistance
April 10, 2012 Page 16 of 16
EXHIBIT B
FEE SCHEDULE
Consultant shall be paid by monthly invoice (once a month) until the termination
of the contract.
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EL ECOI-
EXHIBIT C
PROJECT SCHEDULE
Exhibit C - Project Schedule
City of Costa Mesa General Plan Land Use and Circulation Elements Update, and EIR
HCD Coordination 11111111 Final Elements
Bikeway Master Plan Post CE Tasks
EXHIBIT D
CITY COUNCIL POLICY 100-5
16
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools
and other activities in support of a drug-free community. This policy is intended to extend that
effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs
in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into- by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
17
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
ig
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State; and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor
and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa.for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the contractor and/or sub -grantee, the contractor
and/or sub -grantee shall be eligible for compensation as provided by law.
19