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HomeMy WebLinkAboutItem #12CITY OF LADE A 0 LSIlYOIZE DREAM EXTREMEW REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: DECEMBER 10, 2013 SUBJECT: PROFESSIONAL SERVICES CONTRACT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) — FOR PREPARATION OF CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS THE "WALMART RETAIL CENTER" (COMMERCIAL DESIGN REVIEW NO. 2013 -08; CONDITIONAL USE PERMIT NOS. 2013-06,2013-079 2013 -08 AND 2013 -09) Recommendation Authorize the City Manager to enter into a contract with Environmental Science Associates (ESA) to prepare the CEQA compliance documents for the Walmart Retail Center Project (Commercial Design Review No. 2013 -08; Conditional Use Permit Nos. 2013 -06, 2013 -075 2013 -08 and 2013 -09) in an amount not to exceed $196,485.00. Background The Community Development Department has received applications for the Walmart Retail Center Project (Commercial Design Review No. 2013 -08; Conditional Use Permit Nos. 2013 -06, 2013 -07, 2013 -08 and 2013 -09) located on the southeast corner of Central Avenue (State Route 74) and Cambern Avenue (See Attachment 1, Vicinity Map), approximately 950 feet northeast of Interstate 15. The project's proposed commercial uses are a 151,397 square foot retail store ( Walmart), a 3,100 square -foot convenience store with gasoline sales, a 3,700 square foot drive -thru restaurant and a 3,100 square foot drive -thru restaurant. The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in -house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project AGENDA ITEM NO. 12 Page I of 28 CEQA Professional Service Contract For Walmart Retail Center December 10, 2013 Page 2 of 3 applicant (Applicant: Barry Linder, PE, Greenberg Farrow) through the application fee process. Discussion Pursuant to the California Environmental Quality Act (CEQA), a determination on the appropriate type of CEQA document will be made by staff upon completion of an Initial Study and supporting technical studies. Based upon the size of the project, and the anticipated level of potentially significant impacts, the scope of work prepared by the consultant estimated the costs associated with preparation of an Environmental Impact Report. On September 24, 2013, a Request for Proposal was mailed to the twenty -one environmental firms currently on the City's List of CEQA Consultant Master List. A total of twelve (12) proposals were received by the submittal deadline. They were independently reviewed by Grant Taylor, Community Development Director, Richard MacHott, Planning Manager, and Carole Donahoe, Planning Consultant. The proposed scope of work, qualifications and experience of each consultant was evaluated and scored. ESA was unanimously ranked No. 1 in the proposal evaluation process. Because of ESA's extensive past experience associated with CEQA document preparation, experience with similar projects and knowledge of the City of Lake Elsinore, staff determined that contracting with ESA is the best approach towards CEQA compliance for this project. The proposed cost of preparing the environmental review documents for the Walmart Retail Center project is not to exceed $196,485.00. Fiscal Impact The cost of preparing the environmental review will be paid by fees collected from the developer through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. Page 2 of 28 CEQA Professional Service Contract For Walmart Retail Center December 10, 2013 Page 3 of 3 Prepared by: Richard J. MacHott " Planning Manager Reviewed by: Grant Taylor 1 Community velopment Director Approved by: Grant Yates City Manager Attachments: 1. Vicinity Map 2. Professional Services Contract with Environmental Science Associates (ESA) dated December 10, 2013 Page 3 of 28 Page 4 of 28 VICINITY MAP WALMART RETAIL CENTER PROJECT (CDR No. 2013 -08; CUP NOS. 2013 -06, 2013 -07, 2013 -08 AND 2013 -09) CITY OF ice. LADE LSINOIZE � ? DREAM EXTREME .. Page 5 of 28 Page 6 of 28 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement ") is made and entered into as of this 10th day of December, 2013, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Environmental Science Associates ( "Consultant "). RECITALS A. City desires to retain Consultant to perform professional consulting services in connection with the preparation of California Environmental Quality Act (CEQA) compliance documents and Consultant desires to provide such professional consulting services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. I e0gT TI Jk I 1. Scope of Services. Consultant shall perform the services described in the "Scope of Services" attached as Exhibit "A" and incorporated herein by reference. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue during such time as Consultant is performing services pursuant to this Agreement. The term of this Agreement shall not exceed three (3) years. 3. Compensation. Compensation to be paid to Consultant shall not exceed One Hundred Ninety -Six Thousand, Four Hundred and Eighty -Five Dollars ($196,485.00). Compensation shall be in accordance with the Fee Schedule attached to this Agreement as Exhibit "B" and incorporated by reference herein. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall be segregated by project task such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. Expenses shall be reimbursed at cost without an inflator or administrative charge. City staff shall review and approve invoices within 15 days of submittal or advise Consultant as to any disapproval within 15 days of submittal. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means work which is determined by City to be outside of the scope of the Scope of Services attached hereto as Exhibit "A ". Consultant shall not perform Extra Work without written authorization from Prof Sery Agreement Esa112113 1 Page 7 of 28 City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services attached hereto as Exhibit "A ". 6. Termination. This Agreement maybe terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement, but shall not include any license for the City's use of Consultant's proprietary software or other intellectual property ( "Documents & Data "). Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except to the extent that Environmental Science Associates is legally required to divulge such information (e.g. pursuant to existing permits). Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed Prof Sew Agreement Esa112113 2 Page 8 of 28 confidential. Consultant shall not use City's name or insignia, photographs relating to services provided by Consultant or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. City hereby gives its permission for Consultant to include the City in Consultant's list of clients and description of services provided on its web site and other similar materials. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in- interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the Prof Sew Agreement Esa112113 Page 9 of 28 performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services underthis Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnitv. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of Consultant's negligent performance orwillful misconduct under this Agreement or its failure to comply with any of its obligations contained in this Agreement, exceptfor any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. Prof Sery Agreement Esa112113 4 Page 10 of 28 i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional LiabilitV Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Unless approved by the City's Risk Manager, each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Prof Sery Agreement Esa112113 5 Page 11 of 28 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Environmental Science Associates Attn: Eric J. Ruby, Senior Vice President 9191 Towne Centre Drive, Suite 340 San Diego, CA 92122 Prof Sery Agreement Esa112113 Page 12 of 28 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the Prof Sew Agreement Esa112113 7 Page 13 of 28 dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by all parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Prof Sery Agreement Esa112113 Page 14 of 28 ATTEST: Virginia Bloom, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney "CONSULTANT" Environmental Science Associates, a California corporation By: Eric J. Ruby Its: Senior Vice President Prof Sery Agreement EW 12113 Page 15 of 28 Page 16 of 28 EXHIBIT "A" section Scope of Services Because we have previously worked with the City of Lake Elsinore, we understand your concerns and needs, and are familiar with the potential issues that may arise. Project Approach The ESA project team will prepare the requisite environmental documentation (Environmental Impact Report) in accordance with the California Environmental Quality Act (CEQA) Statue (Public Resources Code 21000 - 21777), the CEQA Guidelines (CCR, Title 14, Division 6, Chapter 3, Section 15000 - 1537), as well as all current CEQA- related legislation and recent case law. The environmental analysis contained within the EIR will be prepared in an objective manner, based on accepted professional environmental planning practices and will be based upon the project description, alternatives developed and other project specific information provided by the City and the applicant. ESA has an overall environmental documentation approach that is collaborative, practical, and solutions - oriented. Our approach to preparing the EIR for the Walmart project rests largely on our exceptionally qualified team that have directly relevant experience preparing EIRs for the City of Lake Elsinore on a variety of project types, CEQA documentation for the County of Riverside and for big -box retail commercial projects, including Walmart stores. Due to the complicated technical and regulatory issues that typically accompany "big box" development projects, ESA's approach is to include staff with Walmart and other large commercial project experience, and we anticipate that legal review will be a part of the EIR process. ESA is experienced at working with lead agency and applicant legal teams while maintaining the objectivity expected of the City's environmental consultant. Our CEQA analysis approach incorporates methods that: Consider the comprehensive range of environmental impacts. m Recognize and, where appropriate, relate the environ- mental analysis to local resources and policy priorities (typically defined in General Plan policies and other ap- plicable plans). ® Rely on objective science -based judgment and formu- late feasible and effective mitigation measures. m Incorporate schedule compression and cost - reduction strategies, including the use of existing available back- ground information and technical data whenever pos- sible, and staff that is knowledgeable about the City of Lake Elsinore and the surrounding project area. ESA staff typically assist the lead agency with the peer review of technical reports provided by the applicant's consultants, and we have the firsthand knowledge of what the City is looking for in terms of content, depth of material, and format for these technical studies. ESA has technical staff to review every technical study required for incorporation into the EIR, and do not propose to utilize sub consultants for any portion of the peer review work. Our approach is to utilize this in -house experience and expertise in providing excellent and efficient technical services to the City. Scope of Work The following scope of work has been prepared based upon review of the Request for Proposal (RFP) dated September 24, 2013, discussion with City of Lake Elsinore City of Lake Elsinore - Walman Retail Center Environmental Impact Report E -1 Page 17 of 28 section E Scope of Services ESA's Team will exceed the City's expectations by: . Utilizing our experience with other Walmart and big box retail commercial CEQA documentation project experience. . Having extensive and directly relevant City of Lake Elsinore and Riverside County project EIR experience provides for an efficient environmental document preparation process and allows for proactive anticipation of environmental issues. Planning staff, our experience with Walmart project EIRs, and our working knowledge of the City's CEQA process. Project Management Project management/coordination will occur throughout the duration of the EIR preparation and the public hearing process. We anticipate an average of approximately four hours per week for project management/coordination for the duration of the project. As with most EIRs, and particularly for important, highly visible projects, ESA strongly supports the public scoping meeting process. Although this project does not appear to fall under any of the categories of Projects of Statewide, Regional, or Area - wide Significance (CEQA Guidelines Section 15206), there is potential for controversy due to the potential urban decay and traffic impacts that may occur as a result of project implementation. Based on our big box project experience, conducting the scoping meeting and documenting the comments and issues of interested members of the public and public agencies regarding the proposed project lends an increased level of credibility to the project's environmental review process. The scoping meeting should be held within the 30 -day public review period for the Notice of Preparation (NOP)/ Initial Study. This effort will help demonstrate that the City has made every effort to solicit and address any concerns of the public or agencies concerns during preparation of the environmental document. Task 1 - Prepare Initial Study and Notice of Preparation Upon receipt of the Notice to Proceed, the ESA Project Manager will meet with City staff immediately to discuss the proposed project, including, but not limited to, the following: Review and confirm project description information, pre- liminary plans and design specifications, phasing informa- tion, construction and operational details, existing relevant technical studies, and any other pertinent information. Identify and outline project objectives. Review project design features that could be incorporated into the project based on ESA's past experience on similar projects. * Identify parameters of any project alternatives. * Review projects to be used for cumulative analysis. ® Refine the project schedule. ® Site visit. A clear, precise and comprehensive project description is of paramount importance to assure project impacts will be accurately and fully analyzed pursuant to CEQA. This includes providing detail on the project's implementation schedule and phasing, infrastructure, circulation, and any off -site improvements, such as the extension of transmission lines that are required for implementation of the project. This is one area in particular where ESA's experience and knowledge of big box projects will be invaluable. Our familiarity in these areas will bring efficiency, expert information and critical thinking that will ultimately result in a smoother CEQA process, starting with a thorough and complete project description. In coordination with the City, ESA will prepare the project description based on the available project information, including, but not limited to the development applications, and ESA's experience with similar projects. The ESA team will prepare the Initial Study (IS) /Notice of Preparation (NOP). As required by CEQA and consistent with City format and guidelines, the IS /NOP will include a description of the project, figures (including a location map, site plan showing the project site boundary and access, existing zoning and General Plan land use designations, and any other pertinent project information), and the probable environmental effects of the proposed project. The IS /NOP will be based on the City's environmental checklist form, and written explanations to all checklist questions will clearly define the topics to be addressed in the EIR and which do not require further consideration. At this preliminary phase, we anticipate that all resource areas on the checklist, with the exception of Minerals will be analyzed in detail in the EIR. UUpon receipt of City comments on the Administrative Draft IS /NOP, ESA will revise as necessary, and provide City staff with a Draft IS /NOP for final review. Upon E -2 City of Lake Elsinore - Walmart Retail Center Environmental Impact Report Page 18 of 28 receipt of comments, ESA will revise the document and have copies prepared for distribution and publication. This will be based on our standard distribution procedures with the City. The resulting IS /NOP (as well as any comment letters received) will be made a part of the EIR by incorporating the document as an appendix. Deliverables and Task Assumptions Deliverable/Task Copies Format Recipient Administrative Draft 3 Microsoft City IS /NOP Word /PDF Draft IS /NOP (revi- 3 Microsoft City sions will be provided Word /PDF in underline /strike out format) 120 Printed Distribu- Final IS /NOP for public tion List review 1 Copy of City receipts Evidence of certified 1 Electronic City mailing of all required copies to State Clear - in ouse and appli- gh cable agencies Task 2 - Peer Review of Technical Studies Peer Review Applicant Provided Technical Studies As requested in the RFP, ESA will peer review the focused technical reports to be provided by the project applicant. This will include urban decay analysis including fiscal impact analysis, noise impact analysis, air quality /health risk assessment/GHG, drainage /hydrology /water quality evaluation, traffic impact analysis and project renderings/ elevations. ESA will prepare a memorandum providing comments and proposed revisions, if necessary, for the technical studies. This scope assumes one round of comment to the provided technical studies. The analysis anticipated to be included in each of the studies is described below. Urban Decay /Economic Impact Analysis The technical report should identify and estimate the project's economic impacts and evaluate the potential for economic "blight" resulting from the project. While socioeconomic effects are not considered significant under CEQA, indirect changes in the environment resulting from such effects should be examined. The scope of work for the urban decay analysis will need to be based on the decision in Bakersfield Citizens for Local Control v. City of Bakersfield (124 Cal. App. 4th 1184). The urban decay analysis will need to estimate the current (and future) retail sales leakage that the proposed Walmart store may be expected to capture. Determining the nature and magnitude of any such "sales shift" from existing stores section E Scope of Services in the Lake Elsinore area to the proposed Walmart is central for evaluating the potential of the project to cause existing retail business closures that might result in increased urban decay within the Lake Elsinore area. The economic /urban decay analysis should include the following: • Identification of socioeconomic and demographic indicators. • Assessment current business activity, trends, real estate and economic development in the local area. • Evaluation of the primary competing business and other retail centers. • Determination of the project's primary market area. Provision of a leakage analysis. • Estimation of the project's annual retail sales increase • Estimation of the expected retail "sales shift" impacts to existing businesses. • Evaluation of the "urban decay" potential associated with the project. • Provision of a cumulative analysis. Noise Impact Analysis Implementation of the proposed project would result in an increase in noise levels at areas surrounding the project site during construction and operation. The technical report should evaluate the noise associated with construction and operation of the project, including required noise associated with heavy construction equipment, project traffic and delivery trucks. The project site is currently vacant and is surrounded by existing rural residential, commercial uses and State Highway 74. Noise - sensitive receptors in the Project vicinity include sparsely located single - family residences that may be adversely impacted by increased noise levels during project construction and operation. Over the long -term, the project could affect noise levels as the result of operation of HVAC equipment, loading docks, and traffic generation on local roadways. The acoustics study should provide a description of impacts pursuant to City CEQA thresholds and the City zoning ordinance related to noise. As part of the peer review of the Noise technical study for the project, ESA will evaluate the proposed impact assessment methodology, identified construction and operational noise impacts on the surrounding and nearby sensitive uses resulting from the proposed project and review any necessary mitigation measures to minimize the identified noise impacts on these receptors for effectiveness. Air Quality /Greenhouse Gas Emissions The project site is located within the South Coast Air Basin, under the jurisdiction of the South Coast Air Quality Management District (SCAQMD) Site preparation and construction activities associated with the proposed commercial would result in short- City of Lake Elsinore - Walmart Retail Center Environmental Impact Report E -3 Page 19 of 28 section E Scope of Services term temporary emissions of criteria air pollutants (such as particulate matter) and ozone precursors. Operation of the new on -site facilities would generate long -term emissions of criteria air pollutants and ozone precursors from natural gas consumption, application of architectural coatings, area sources, and vehicle trips to and from the facilities. Thus, the project, when added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Basin. The air quality study should present the baseline air quality information, consisting of a description of the climate and meteorological conditions in the project area, applicable federal and state ambient air quality standards, existing local and regional air quality, and an overview of the applicable federal, state, and local regulatory setting. A quantitative analysis of the potential air quality emissions generated by the proposed project should be presented, including emissions associated with construction (i.e., on -site construction equipment, fugitive dust, and off -site vehicle trips) and long -term operational emissions (Le., natural gas consumption, area sources, and vehicle trips by employees, customers, and deliveries to and from the site). The health risk assessment will be reviewed for conformance with State requirements. It is anticipated that a GHG analysis will provide a discussion of climate change, including the current state of climate change science and GHG emissions sources in California, and an overview of the applicable federal, state, and local policies and regulations as they pertain to the proposed project. Emissions of GHGs, primarily carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O) resulting from construction and operation of the proposed project will need to be quantified. Furthermore, an assessment of the project's consistency with the California Air Resources Board's (CARB's) Climate Change Scoping Plan will need to be performed to determine whether the project is consistent with the goals of AB 32. Traffic Impact Analysis Implementation of the proposed Walmart project would result in both short-term construction related trips, as well as operational trips related to customers, employees, and deliveries. The traffic study should provide existing conditions related to morning and evening peak hour traffic at intersections and roadways in the project vicinity, and a description of traffic generated from the project, including: ® Construction project trip generation, including pas- senger car and heavy truck trips. a Operational project trip generation, including custom- er, employee and deliveries. Cumulative No Project Condition, including traffic from all reasonably foreseeable projects in the area. Cumulative Plus Project Conditions that represents the cumulative scenario presented above plus those trips generated by the project. The project's location adjacent to State Highway 74 will require close coordination with Caltrans. The City of Lake Elsinore significance criteria should be used to identify significant project impacts. All feasible measures to mitigate project impacts should be identified, as appropriate. For cumulative impacts, appropriate fair share contributions may need to be identified based on traffic generated by the project. Hydrology/ Drainage/Water Quality Study The project site currently consists of undeveloped pervious land. The project would convert a large portion of this area to impervious surfaces. The hydrology/ flood technical study for the proposed project should characterize existing hydrologic conditions, including climate data, precipitation and flood frequency data, FEMA floodplain mapping for the area, soils descriptions and erosion potential, watershed descriptions, surface drainage and geomorphic features, and groundwater conditions. The hydrology study should determine both the pre - development and post - development depths and velocities across the areas studied and quantify project - related impacts specific to increases in flood distribution, runoff yield, and flow rates. The report should determine the project - related impacts to the flood hazard environment. Proposed water quality treatment facilities, both active and passive, should be clearly depicted in the project's WOMP and the effectiveness of said facilities documented.. Task 3 - Prepare Administrative Draft and Draft Environmental Impact Report ESA will prepare an Administrative Draft EIR for review by City staff. The Administrative Draft EIR will include all CEQA required sections as refined during the scoping process, and be consistent with the City of Lake Elsinore format guidelines. The following outline provides the proposed organization of the Draft EIR: E -4 City of Lake Elsinore - Walmart Retail Center Environmental Impact Report Page 20 of 28 x,.. i3 k Chapter 1.0 - Executive Summary: The Executive Summary is intended to encapsulate the entire Draft EIR in order to provide a quick understanding of the project's potential impacts and mitigation measures. It will provide an overview of the proposed project under consideration and its objectives. The Executive Summary will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant as well as less than significant), and will contain a summary analysis of the alternatives to the proposed project. It will contain a concise table summary of all project impacts and mitigation measures. Chapter 2.0 - Introduction: The introduction will include an overview of the CEQA and EIR processes, a summary of comments received on the ISMOP, and an overview of the primary documents used in preparation of the Draft EIR. Chapter 3.0 - Project Description: This chapter will provide a description of the proposed project as it was developed in Task 1. The project description will detail the construction and operational components of the project. It will document any design features that would minimize potentially significant impacts. It will identify project objectives, establish the environmental setting, and provide information on cumulative projects. Chapter 4.0 - Environmental Impact Analysis: This chapter will present the bulk of the EIR, and contain the direct, indirect, and cumulative impact assessments for all issue areas determined to be potentially effected in the NOP /IS. As described in Task 2, this scope of work assumes that all sections with the exception of Minerals and Recreation will be included in the Draft EIR. This chapter will incorporate information provided in the approved technical studies as described in Task 3. It will contain clear, concise, and substantiated impact conclusions for all areas, and identify mitigation measures where appropriate. In addition, a separate subsection will be developed to include all project design features and standard city conditions which will help to reduce project impacts, prior to the application of additional mitigation measures. This will keep mitigation measures focused on only those areas that needs additional mitigation above and beyond that provided by the project design features and standard city conditions. It will contain quantitative data where appropriate and available, and qualitative discussion where necessary. Chapter 5.0 - Consequences of Project Implementation: This chapter will identify in a text and table format those areas of the EIR where significant environmental effects that cannot be avoided would occur, if any. It will also include an analysis of growth inducement impacts based on employment that would be provided by the project. Chapter 6.0 - Alternatives: ESA will work with City staff to define up to two project alternatives, as well as the No Project alternative to be evaluated comparatively in this chapter of the EIR. It will include a discussion on how section E Scope of Services alternatives were established, and which if any, were rejected from further consideration. The alternatives analysis will go through each issue area and provide a summary conclusion for each, in a user - friendly table format. Chapter 7.0 - Organizations and Persons Contacted: ESA will provide a list of all federal, state, and local agencies that were contacted as part of the EIR process. Chapter 8.0 - List of Preparers: This chapter will identify the City and consultant staff that were responsible for preparation of the EIR. Chapter 9.0 - Bibliography: This will contain a thorough and fact - checked listing of all resources, welesites, documents, and personal communications used to prepare the EIR. ESA will provide PDF copies of all reference material, including website materials to the city for use in assembling the administrative record. Upon completion of the Administrative Draft EIR, ESA will submit the document to the City for review and comment. ESA will distribute the Draft EIR for the mandatory 45 day public review period, and will coordinate notices and mailings. Deliverables and Task Assumption Deliverable/Task Copies Format Administrative 15 bound cop- Microsoft Word/ Draft EIR ies, 1 reproduc- PDF ible original Draft EIR 15 bound cop- Microsoft Word/ ies, 1 reproduc- PDF ible original Executive Sum- 16 bound cop- Microsoft Word/ mary of Draft ies, 1 reproduc- PDF EIR ible original Task 4 - Prepare Administrative Final EIR and Mitigation Monitoring Reporting Program Subsequent to receipt of all public comments on the Draft EIR at the conclusion of the 45 day public review period, lead agency review and comment on the Administrative Draft EIR, ESA will prepare an Administrative Final EIR and Mitigation Monitoring Reporting Program incorporating responses to comments and the City's review comments. ESA assumes that edits will be minimal due to early consultation with the City and discussion of technical reports. The revised document will be provided in a consolidated track changes word version. City of Lake Elsinore - Walmad Retail Center Environmental Impact Report E -5 Page 21 of 28 section E Scope of Services Deliverables and Task Assumption Deliverable/Task Copies Format Administrative Draft 5 bound Microsoft Word/ Response to Com- copies, 1 PDF ments reproducible Final Findings original Microsoft Word/ Administrative Draft 5 bound Microsoft Word/ Mitigation Monitor- copies, 1 PDF ing and Reporting reproducible Program original Task 5 — Prepare and Distribute Final EIR ESA will prepare an Administrative Final EIR containing responses to comments and any revisions to the Draft EIR text where necessary. Public reaction to the Draft EIR is unknown at this time. It is assumed that a maximum of 15 public agency comment letters will be received on the Draft EIR with no more than 20 individual public comment letters. In the event that the public comments on the Draft EIR are greater than expect- ed, ESA will meet with the City to adjust the work program/ budget as necessary. ESA has also allowed additional time for preparation of re- sponses to comments received late in the process after the close of the public review period and in response to issues raised during the public hearing process. We assume that up to 10 late comment letters and up to 35 public hear- ing commentators will require responses to comments and incorporation into the final EIR. ESA will submit the Final EIR to Draft EIR commentators, pursuant to CEQA requirements. Deliverables and Task Assumption Productlfask Copies Format Final EIR 15 bound cop- Microsoft Word/ Finding of Fact ies, 1 reproduc- PDF ible original Task 6 - Findings of Facts In the event that the EIR concludes that significant unavoidable impacts would occur as a result of the project, and the City determines the impacts would be acceptable in light of the overall benefits of the project, ESA will draft the Findings of Fact and Statement of Overriding Considerations for the proposed project in consultation with the City's legal counsel pursuant to Sections 15091 and 15093 of the CEQA Guidelines. For each significant effect identified in the EIR, the Findings of Fact will identify: ® Measures incorporated into the project that will avoid or substantially diminish the effect. " A statement that the City lacks the jurisdiction to make the changes, but that another agency does have the authority. a Legal, economic, social, technological or other considerations that make the mitigation measures or project alternatives identified in the EIR infeasible. ESA will use a Findings and Overrides format approved by the City and will submit the draft, prior to the final hearings on the Final EIR. ESA will also send the Notice of Determination to the State Clearinghouse and City Clerk. Deliverables and Task Assumption ProductYrask Copies Format Administrative 3 bound copies, Microsoft Word/ Finding of Fact 1 reproducible PDF original Final Findings 15 bound copies, Microsoft Word/ of Fact 1 reproducible PDF original Task 7 - Meeting Attendance Planning Commission and City Council Hearing ESA project management staff will conduct and attend • project kickoff meeting, one project seeping meeting, • minimum of four public hearings at the Planning Commission and City Council, and up to ten meetings with City staff for the project. Environmental Issue Areas Based on our knowledge of the project area and CEQA requirements, we propose to address the following issues Draft EIR: Aesthetics The project site is located in a developing area of the City of Lake Elsinore and is currently open space with a wind row of mature eucalyptus trees adjacent to rural residential and commercial land sues. Based on our preliminary review, there are no officially designated federal, state, or local scenic vistas, nor any officially designated "scenic highways" within the viewshed, as specifically considered in CEQA criteria. ESA will prepare a visual impact assessment and will utilize applicant prepared renderings and elevations to depict post development aesthetic conditions. An evaluation of nigh lighting impacts will be included. This subject will be addressed further in the Aesthetics section of the Draft EIR document. Air Quality / Greenhouse Gases The project involves construction and maintenance of E -6 City of Lake Elsinore - Walmart Retail Center Environmental Impact Report Page 22 of 28 4 a big box commercial retail center, which would result in an increase in criteria air pollutants for the area. The project site is located in the SCAB and is under the jurisdiction of the SCAQMD. Portion of the SCAB are designated as a nonattainment area for federal and State ozone and respirable particulate matter (PM10,) standards and the federal fine particulate matter (PM2.5) standards. Construction activities associated with the project could generate substantial, although temporary, emissions of criteria air pollutants, such as PM10 and PM2.5, and ozone precursors (reactive organic gases [ROG] and oxides of nitrogen [NOX] that exceed ICAPCD's established thresholds of significance in the short -term. Emissions sources during project construction would include off -road construction equipment, vendor and worker trips, and site disturbance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the SCAB. Operational emissions are anticipated to be nominal, since the facility will be remotely controlled and no employees will be based at the project site. The potential for greenhouse gas (GHG) emissions from the proposed project to significantly contribute to global climate change will be discussed relative to the recently adopted amendments to the CEQA Guidelines. Other resources that will be utilized in project analysis include the latest Technical Advisory published by the California Office of Planning and Research and the CEQA & Climate Change publication of the California Air Pollution Control Officers Association. GHG thresholds of significance are currently being developed by various California air districts, which are considering a variety of different thresholds. The proposed project could generate GHG emissions during construction and operations. GHG emissions during operations are anticipated to be nominal, since the facility will be remotely controlled and no employees will be based at the project site. Project - related GHG emissions will be calculated in an inventory and a determination of significance relative to these emissions will be made based on proposed thresholds under consideration. To date, the California Air Resources Board (CARB) has not given explicit instructions regarding thresholds for construction emissions. section E Scope of Services However, in December 2008, the South Coast Air Quality Management District adopted a methodology for determining whether or not GHG emissions from industrial projects would be significant, which includes more guidance related to construction emissions. Under this methodology, construction emissions are amortized over the life of a project (estimated to be 30 years), added to the operational emissions, and compared to the interim GHG significance threshold. Biological Resources The project site is currently highly disturbed open space and has historically been used for agricultural production. An onsite ephemeral drainage and a mature stand of wind row eucalyptus trees may provide roosting habitat for raptors. ESA will prepare a Biological Resources Technical Report for incorporation into the Draft EIR. The section will include the following information in order to ensure the EIR analysis is legally adequate: - A field survey to characterize the vegetation and wild- life habitat in the project area to identify the potential for special- status species, jurisdictional waters /wet- lands and other sensitive biological resources, includ- ing wildlife movement corridors, to be present on -site. - The requirements for any protocol surveys for special - status species, - Distribution and abundance of biological resources on -site — observed or expected. - Document compliance with historic and recent habitat management plans (MSHCP) within the area. - Evaluate ecology, behavior, and habitat requirements, and habitat quality. - Identify operational impacts and cumulative impacts and discuss the potential for project development to adversely affect biological resources. - Identify feasible measures to mitigate the adverse impacts of the project on biological resources that are identified in the analysis. Mitigation measures will be developed in consultation with the City as appropri- ate. An optional focused Burrowing Owl protocol sur- vey can be conducted by ESA if required by the city and not completed by the applicant's con- sultant team. This survey will follow established survey protocol (4 site visits during the spring season) and results will be incorporated into the biological resources section of the EIR. Cultural Resources It is anticipated that due to the type of project, no large scale grading will be required, but some compaction and trenching will occur and minimal impacts to cultural resources may result. ESA will prepare a Cultural Resources Technical Report. The following tasks will City of Lake Elsinore - Walmart Retail Center Environmental Impact Report E -7 Page 23 of 28 section E Scope of Services be completed to evaluate the potential cultural resource impacts in the EIR: A comprehensive cultural resources context that provides information pertinent to the prehistory, history, and geo- logic background of the project area. Results of archival research including: (1) a cultural resources records search at the Southeast Information Center that identifies the presence of previous cultural resources investigations and previously recorded cultural resources within the project area or within the immediate vicinity; and (2) a paleontological records check con- ducted Natural History Museum that identifies previously documented fossil locales within the project vicinity. Methods and results of cultural resources field reconnais- sance of the project area, including Department of Parks and Recreation 523 forms for any resources encountered during the survey. A significance evaluation (applying the eligibility criteria outlined for listing in the California Register of Historical Resources or pertinent local listing) of any known resourc- es identified as a result of the cultural resources survey. Recommendations addressing the likelihood of encoun- tering unknown buried or otherwise obscured cultural resources as a result of project construction. Identify project impacts and cumulative impacts and discuss the potential for project development to adversely affect cultural resources. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on cultural resources that are identified in the analysis. Mitigation measures will be developed in consultation with the City as appropriate. Geology and Soils Analysis The project site could potentially be subject to seismic hazards, be located on a geologic unit that is unstable or has the potential to become unstable, or result in erosion or loss of top soil. The following tasks will be completed to evaluate the potential geologic resource impacts in the EIR. Summarize the geology /soils characterization of the project site. This summary will include the following information in order to ensure the EIR analysis is legally adequate: - Geologic setting of the project area, including bedrock types, structures, geologic history, physio- graphic province, active or potentially active earth- quake faults; anticipated erosion and sedimentation during construction; and feasible mitigation mea- sures, if required. - Geotechnical hazards and potential project effects on existing proximal groundwater basin character- istics. - Determination whether the proposed project is fea- sible on the project site from a geotechnical stand- point. Determine impacts that could occur as a result of the proposed project. Identify cumulative impacts and discuss the potential for cumulative development to adversely affect geological resources or soils. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project asso- ciated with geological resources that are identified in the analysis. Mitigation measures will be devel- oped in consultation with the City as appropriate. Energy Conservation Pursuant to Appendix F of the CEQA Guidelines, an Energy Conservation section /discussion will be incorporated into the EIR. The energy implications and potentially significant energy impacts associated with the project will be documented, including effects on the local and regional energy supply, distribution and proposed energy conservation measures. The total energy demand associated with the project will be documented and any additional energy conservation measures will be identified. Hazards /Public Health and Safety ESA will evaluate potential hazards to, and as a result of, implementation of the proposed project. It is not anticipated that the proposed project would generate industrial wastes or toxic substances during operation. The findings of this report will be incorporated into the Hazardous Materials analysis of the EIR to determine potential impacts from past releases that may have occurred on the site or up gradient of the site. The following tasks will be completed to evaluate the potential hazards impacts in the EIR: Review of available Phase 1 Environmental As- sessments. w Summarize applicable federal, state, and local hazardous waste regulations as they pertain to the proposed project and project area. * Summarize existing hazard information as it pertains to the proposed project site. * The findings of hazardous materials search will be incorporated into the Hazardous Materials E-8 City of Lake Elsinore - Walmart Retail Center Environmental Impact Report Page 24 of 28 Y.;4 Ilk' �a analysis of the EIR to determine potential impacts from past releases that may have occurred on the site or up gradient of the site. Identify cumulative impacts and discuss the po- tential for cumulative development and the impact from hazardous materials. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project associ- ated with hazards that are identified in the analysis. Mitigation measures will be developed in consulta- tion with the City as appropriate. Land Use The project site is surrounded by rural residential and commercial development, and is adjacent to State Highway 74. The proposed project may be incompatible with existing or planned surrounding land uses although it is consistent with onsite general plan land use designations and relevant zoning. The following tasks will be completed to evaluate the potential land use impacts in the EIR: Identify and map existing land uses, general plan and zoning designations, on and surrounding the project site. Data sources will include the City's General Plan, zoning maps, and an existing land use survey conducted by the ESA team of the sur- rounding area. Discuss the relationship of existing and proposed uses of the site with existing and planned uses of surrounding properties. Discuss consistency with the City General Plan, zoning and other relevant planning programs. a Discuss cumulative development (approved and planned projects) in the vicinity of the project. a Identify any inconsistencies with local or regional land use policies, and recommend mitigation mea- sures to improve compliance with local land use policies. Recreation Because the project is not located within a recreational area and would not affect recreational opportunities, this issue is not considered a key environmental topic for this project and it is anticipated this topic can be excluded from further analysis in the EIR during the initial study phase for the project. Population and Housing Because the proposed project would not directly result in new residential housing, it would not generate addition residential population, although demand for housing opportunities from project employees could increase. In addition, the project site does not currently include any housing and therefore would not displace housing or people necessitating the construction of replacement section E Scope of Services housing. Therefore, this issue is not considered a key environmental topic for this project and it is anticipated this topic can be excluded from further analysis in the EIR during the initial study phase for the project. Public Services Because the proposed project would result in new commercial uses, it would generate increased demand on fire protection, police protection, or other public facilities. Indirect impacts to schools and parks are not expected to be identified as potentially significant. Therefore, these portions of this public service issues are considered a key environmental topic for this project and it is anticipated this topic will be evaluated in the EIR. Utilities and Services The proposed project is not expected to require large quantities of potable water or create large quantities of wastewater. EVMWD provides both potable water service and wastewater treatment to the project area. Solid waste disposal is provided by C &R Disposal Services. These issues will be described and analyzed in the EIR commensurate to the potential for the project to cause impacts to utilities and services. SB -18 Tribal Consultation Because the project would not entail a General Plan Amendment we do not believe a SB -18 Tribal Consultation is necessary. Schedule We understand that timely completion of CEQA compliance documentation (notice to proceed through certification of the Final EIR) will be of key importance to the City. The total overall proposed schedule for the EIR is 10 months from initial kickoff to Final EIR certification. This assumes some overlap on tasks for efficiency. Figure 3 -1 on the following page, shows the proposed work schedule and key milestones starting at the project kickoff and ending with the City Planning Commission public hearing. City of Lake Elsinore - Walmart Retail Center Environmental Impact Report E -9 Page 25 of 28 section E Scope of Services F, F'„£T A Figure 3.1 Proposed Scliedule City of Lake Elsinore .� 3 Welmad Relail Center EIR MONTH 1 2 3 4 5 6 1 8 9 10 TASK 1 Project Initiation (Kickoff Meeting and Project Description) E -10 City of Lake Elsinore - Walmart Retail Center Environmental Impact Report Page 26 of 28 Kickoff Meeting 4C L. Preparation of Project Description and Alternatives (1 week) P Prepare and Distribute Initial Study /Notice of Preparation Prepare Notice of Preparafionllnittal Study ES weeks/ Circulation of Notice of Pfemationllnifial Study idle days) 3 Technical Reports Prepare Biological and Cultural Resource Study (4 weeks) Prepare Peer Review Technical Studies (2 weeks) - -- 4 First Round Administrative Draft EIR Prepare First Round Administrative Draft EIR (8 seeks) - - - City Review (45 days) _.... - _. _...,. 5 Second Round Administrative Draft Elfl Prepare Second Round Administrative Draft EIR (I week) - - - - - - - City Review (3O days) 5 Public Review Draft EIR and Distribution Prepare Public Review Draft EIR and Copies (I back) Public Review (45ceri �swro�cawcvnmasw» 1 Administrative Draft Final EIR and Responseto Comments Prepare Administrative Draft Final EIR and Response to Comments (2 weeks) - -- °"#°°, '.. City Review (2 weeks)... _ _.. 8 Prepare Drall Mitigation Monitoring and Reporting Program (I day) - -- - - -- 9 Prepare and Distribute Final EIR and Responseto Comments (1 week) - - - -- - " 'rwo 10 Prepare Draft findings of Fact and Statement of Overriding Considerations (l day) 11 Attend Public Hearings (2days) E -10 City of Lake Elsinore - Walmart Retail Center Environmental Impact Report Page 26 of 28 EXHIBIT "B" section H Cost Proposal ESA's proposed budget outline all estimated costs to prepare and distribute the CEQA document, including administrative costs, graphics, reprographics and mailings. ESA utilizes an integrated Deltek project accounting system to track project activity /costs and ensure that the proposed scope of work is completed on time and within budget. Deltek allows for real time accounting and finan- cial information to be provided to ESA's project manag- ers. ESA also utilizes a Project Director/Project Manager/ Quality Assurance /Quality Control system to ensure that project deliverables are of the highest possible quality and meet clients needs and expectations. ESA's proposed budget is provided in a milestone break- down as directed by the City. This budget is inclusive of all labor, administrative costs, EIR production needs, and travel, and is on a time and materials, not to exceed basis. The milestones have been expanded slightly, based on our experience with City of Lake Elsinore EIRs, to cap- ture additional critical path project milestones. No City of Lake Elsinore EIR Milestone Cost 1. Prepare IS /Notice of Preparation $17,440 2. Peer Review of Technical Studies $24,450 3. Prepare Administrative Draft and Draft EIR $96,405 4. Prepare Administrative Final EIR and MMRP $28,090 5. Prepare and Distribute Final EIR $2,250 6. Findings of Fact $3,570 7. Meeting Attendance $11,060 Non -Labor Expenses (mileage, printing, postage, etc.) $8,720 Total $191,985 Optional Task - Burrowing Owl Survey $4,500 ENVIRONMENTAL SCIENCE ASSOCIATES & SUB- SIDIARIES 2013 SCHEDULE OF FEES Personnel Category Rates Charges will be made at the category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the category rate times 1.5. Labor Category Level I Level II Level III Senior Director 225 240 255 Director 190 205 215 Managing Associate 155 170 185 Senior Associate 130 140 150 Associate 95 110 120 Project Technicians 75 90 110 (a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. City of Lake Elsinore - Walmart Retail Center Environmental Impact Report H -1 Page 27 of 28