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HomeMy WebLinkAbout03/20/2007 City Council Agenda Report 6.7Agenda # 6.7 Meeting Date: March 20. 2007 CITY COUNCIL ,..M... ' , 1 • TO: honorable Mayor and Member of the City Council FROM: James DeStefano, City Man g TITLE: Approve contract with EDAW, Inc. to provide environmental consulting services to the City for review of the Aera Energy LLC project ($307,435) and authorize a 10% contingency to be approved by the City Manager for a total authorization of $337,435 RECOMMENDATION: Approve FINANCIAL IMPLICATION: The project proponent, Aera Energy LLC, has entered into an agreement with the City to reimburse the City for all costs associated with this contract. BACKGROUND: Aera Energy LL -C is the owner of approximately 2,935 acres of land immediately south of the City's Municipal boundary. For the past 100 years this land has been operated as a working oil field. Now that the oil field is nearing the end of its useful life the property owner has proposed a development project to replace the oil operations. For a considerable amount of time, the Aera Energy LLC (Developer) has been processing its proposed project with the counties of Orange and Los Angeles to develop entitlements for the entire 2,935 acres. The Developer is now seeking to process entitlements for a portion of the total acreage (1,940 acres) through the City. The Developer intends to process the remaining acreage, approximately 995 acres, for entitlements through development applications with the Counties of Los Angeles and Orange. DISCUSSION: The Developer has asked the City for consideration of several entitlement requests to permit the Construction of 2,800 homes, a 20 acre commercial shopping center, public parks, public open spaces and related public facilities. Prior to any consideration of the project and public decision making regarding the merits of the proposal, an environmental impact report must be prepared as required by Gty Code and State Law and completed in the manner required by the California Environmental Quality Act. In December 2006 the City Council approved a pre -annexation agreement with the Developer. The agreement outlined a lengthy review process for the requested entitlements leading to possible annexation of the 1,940 acre portion of the overall project area. A critical first step in that process is the development of the project's Environmental Impact Report. The Developer has previously prepared environmental information (e.g. traffic report and biological studies). The City must determine whether or not the information has been prepared properly in order to accept the data and incorporate the material into the environmental impact report. EDAW will review the data submitted and assisted by City staff, will cause correction to the information, as necessary. EDAW will prepare the environmental Impact report which will be distributed by the City, as Lead Agency, for public review. The Developer's proposed project is very large and complex. The City awaits the developer's environmental information and has not commenced a review of the proposed project components. The City development requirements and requested project revisions may cause additional studies to be undertaken which may require additional costs and will extend the scheduled completion of the Draft EIR presently anticipated for July 2007. Upon completion of the Draft EIR the document will be transmitted to public agencies for review and made available to the general public for review and comments. All comments provided to the City will be documented and responses prepared. Changes made to the Draft EIR as a result of comments received during the public review process will be documented and incorporated within the Final EIR. It is presently anticipated that the Final EIR will be completed in November 2007 however, the environmental documentation and review process is expected to require several additional months of preparation time prior to any City public hearing decisions on the merits of the developers' proposal. The City solicited proposals from experienced environmental consulting firms to review and analyze the technical studies submitted by the Developer and create the Environmental Impact Report in accordance with the California Environmental Quality Act (CEQA). The consultant proposals are on file with the Cite Clerk. After a thorough review of all the submitted proposals, City staff recommends the City Council approve the contract with EDAW in the amount of $307,435 and authorize a contingency of $30,000 for additional work authorized by the City Manager for a total contract authorization of $337,435. PREPARED BY: David Doyle, Assistant City Manager ATTACHMENT - Consulting Services Agreement W IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. City of (Diamond Bar EDAW, Inc. By: — By: Steve Tye, Mayor ATTEST: in Tommye Cribbins, City Clerk Approved as to Form: in City Attorney 8 Aera Energy Master Plan Environmental Impact Report City of Diamond Bay Scope of Work EDAW, Inc. March 8, 2007 The following scope of work is a refinement to EDAW's preliminary scope of work for the Aera Energy Master Plan Environmental Impact Report (EIR) peer review, which was originally presented to the City of Diamond Bar (City) in our January 29, 2007 proposal. This scope of work has been refined and expanded to provide a more interactive role with the City and Aera's consultants, as requested at our February 22, 2007 meeting with the City and the project team and the expected role of Diamond Bar as the CEQA lead agency. In order to provide an understanding of the changes that have occurred to the scope of work, revisions have been provided in track changes. TASK 1: PROJECT MOBILIZATION 1.1: Kickoff Meeting EDAW will meet with the City of Diamond Bar, Aera Energy, and other members of the planning team to discuss the project, the status of any ongoing technical studies and to clarify any assumptions for the review process. The kickoff meeting will provide the opportunity to discuss points of contact; communication protocols with other members of the planning team; environmental issues; and any other logistical, technical, or procedural concerns. A focus of this meeting will be to provide the EDAW team with the documents to be reviewed, to discuss the project and its related components, and to discuss any project challenges that the technical team has encountered to -date. 1.2: Project Area Reconnaissance This task: includes a project team site visit. It is assumed that Aera Energy will lead the site visit. The EDAW project management and technical team will attend the site visit to gain an understanding of the project site. TASK 2: PROJECT TEAM MEETINGS EDAW will meet with the Aera Energy consultant team to review the status of the project, receive updates on the status of EIR revisions, work collaboratively on technical issues, and provide guidance on behalf of the City of Diamond Bar. At a minimum, these team meetings will be attended by EDAW project manager, an assistant planner, and The Planning Center project manager. In addition, some meetings will require attendance by EDAW's technical specialists. Included in this task will be meetings focused on technical issue areas, where Aera's technical specialists will meet with EDAW specialists to provide an overview of the 6 project and initiate a collaborative working relationship between the technical team members. It is also anticipated that several of the meetings could be attended by the City of Diamond Bar staff. EDAW will record and circulate brief meeting summaries, which will detail team action items. EDAW will be available to work with The Planning Center and the City of Diamond Bar to ensure that the requirements of the Memorandum of Understanding (MOU) between the City, and the counties of Los Angeles and Orange are being addressed. EDAW will consult with The Planning Center to collaborate on appropriate approaches to involvement of these agencies. This effort will include discussing strategies for addressing input received from the MOU signatories. This scope of work assumes that The Planning Center will be responsible for direct coordination with the counties of Los Angeles and Orange. For budgetary purposes, it is assumed that the team meetings will occur on average every other week. In addition, it is assumed that one-third of the meetings will be held at The Planning Center, one-third will be held in San Diego, and one-third will be held in the City of Diamond Bar. The number of meetings allocated assumes completion of the Draft EIR in July 2007 and the Final EIR in November 2007. Should this schedule be extended, additional meetings may be warranted, which could require a scope of work and budget amendment. In total, 20 team meetings have been allocated under this task and others in this scope of work. TASK 3 PROJECT DESCRIPTION EDAW will review the project description to ensure that all the necessary components of the project are adequately described. Our team will take the necessary time to carefully understand the key elements of a project description. In our review of the project description, a key consideration will be whether the project objectives are sufficient and provide the appropriate connection to the alternatives analysis. It will also be important for the project description to address all of the actions necessary for implementation of the project, including those actions that will be necessary for annexation to the City of Diamond Bar (e.g., sphere of influence amendment, General Plan amendment, prezoning, and annexation application). As a responsible agency for the project, the Local Agency Formation Commission (LAFCO) will need to be involved in the definition of the project and the related organizational actions. In addition, the level of detail provided on any necessary infrastructure improvements for the master plan will be considered, in light of the technical assessment contained in the ADEIR. Also included in this task is review of the project description by members of the technical team. EDAW will work with The Planning Center to revise the project description to ensure it is reflective of the City of Diamond Bar's participation, objectives, and involvement. EDAW will work with the City and The Planning Center to review the project objectives in consideration of the guidance provided by CEQA. The City of Diamond Bar will 10 review the project objectives to ensure their concurrence with the vision of the project. In addition, EDAW will compare the project objectives with the alternatives developed to -date, and will consider whether the objectives are appropriate to frame the consideration of alternatives. The Planning Center is assumed to be the main author of the revised project description. TASK 4: NOTICE OF PREPARATION AND ENVIRONMENTAL SCOPING 4.1: Notice of Preparation Serving at the City's EIR consultant, EDAW will author a draft and final Notice of Preparation (NOP). The NOP will be submitted to the City and the Aera team for review and consideration. Once comments are received, EDAW will revise the NOP for public circulation. EDAW will assist The Planning Center with review and revision of the distribution list for the NOP. If necessary, EDAW could also distribute the NOP. 4.2: Scoping Meeting During the 30 -day NOP comment period, EDAW will lead a public scoping meeting. EDAW will prepare draft notices and materials for the meeting. The EDAW project management team will attend and lead the scoping meeting. It is assumed that the scoping meeting will be held in the City of Diamond Bar. It is assumed that a single scoping meeting will be held for the project to provide an opportunity for the public and agencies to comment on the scope of the EIR. EDAW will prepare a matrix summarizing the oral and written comments received at the scoping meeting. 4.3: NOP Comments Evaluation Once the NOP comments are received, EDAW will review the comments against the technical data currently available. EDAW will summarize the NOP comments for the City's consideration, including any refinements that may be warranted to the analyses that will be relied upon for the EIR. TASK 5: THRESHOLDS OF SIGNIFICANCE Because the City will be the Lead Agency for the revised EIR, the thresholds of significance for each topical analysis will need to be expanded to incorporate the City's evaluation criteria. For this task, it is assumed that The Planning Center will provide a summary, of proposed revisions to the EIR thresholds of significance and analysis methodologies to appropriately incorporate the City's authority and anticipated jurisdiction over the project. EDAW will review the proposed thresholds of significance and analysis methodologies and will offer revisions or expansions based on the anticipated needs of the City and input from City staff. 11 TASK 6: ADMINISTRATIVE DRAFT EIR REVIEW EDAW has conducted a preliminary review of the current ADEIR. Based on this review, it appears that the document provides a comprehensive and sound analysis of the Aera Master Planned Community. To assure this initial impression, EDAW will provide a comprehensive review of the document and associated technical studies, enlisting our technical experts, where appropriate. Our review will focus on legal adequacy, organization, technical adequacy, and anticipated agency expectations. In addition, with the recognition that there is always more than one way of accomplishing a common goal, we will provide suggestions for alternative approaches and mitigation measures if we feel they may be in the interest of the City of Diamond Bar and Aera Energy. This interactive approach will ensure that the Final EIR meets the objectives of the whole team. The following reviews will occur through this task. Where these technical reviews encompass several of the environmental analysis sections included in the ADEIR, these references have been provided in parentheses. The order of reviews in this task will not necessarily occur consecutively. This task will be coordinated with The Planning Center to ensure efficiencies. We expect that our initial reviews will focus on those subject areas that are not expected to change significantly with the inclusion of the City of Diamond Bar's participation. Later reviews will address those sections and technical reports that are currently undergoing revision. 6.1: Geotechnical In this task, EDAW team member Wilson Geosciences Inc. will conduct a technical peer review of the geotechnical report, the erosion and sedimentation portions of the runoff reports, and a review of the associated ADEIR sections. This proposed site area in the Puente Hills is impacted primarily by active faulting (Whittier fault Alquist-Priolo Earthquake Fault Zone), potential landslides and liquefaction, previous use as an oil field, and strong earthquakes. Wilson Geoscience Inc. will provide input on the general adequacy of the geotechnical report for this geologically challenging area and, if necessary, recommendations for possible additional study. 6.2: Hydrology and Water Quality (Flood, Water Quality) EDAW's senior hydrology and water quality scientist will review the ADEIR technical reports and sections pertaining to storm drainage, water quality, and hydrological concerns. EDAW will consider potential impacts that may create localized water quality issues and cumulative downstream concerns. Specific controls for managing construction and runoff will be discussed relative to the master plan. The peer review of the hydrology and water quality analysis shall consider existing surface and groundwater conditions, applicable water quality standards and regulatory requirements, appropriate water quality significance thresholds, anticipated hydrologic and wateir quality impacts resulting from implementation of the proposed improvements, 12 evaluation of construction -related surface water quality impacts and mitigation measures and best management practices (BMPs) required to mitigate the significant surface and groundwater quality impacts of the project. Compliance with post - construction storm water management requirements will also be addressed in terms of jurisdictional (i.e., municipal) regulations as well as state and federal mandates. Any recommendations for modification or expansions to the analysis and related mitigation measures will be made. 6.3: Public Services (Education, Fire/Sheriff) EDAW will examine the ADEIR analyses pertaining to public services, including the schools study completed by Jeanette C. Justis Associates and the correspondence received from the involved agencies. This review will also address fire safety issues, which are addressed in a separate section of the ADEIR. A particular focus of our analysis will be to consider whether the necessary public services can be provided to the project and to consider to what degree off-site facilities or improvements may be necessary. The environmental impacts of any necessary public service improvements must also be considered in the ADEIR. EDAW will examine the other technical sections of the ADEIR to ensure the connection between public service improvements and any secondary environmental effects is made. 6.4: Noise EDAW's senior acoustical expert will conduct a thorough technical review of the noise analysis completed by Giroux and Associates. This review will consider consistency with local standards for each jurisdiction (Los Angeles County, Orange County, and the City of Diamond Bar). The complexity posed by having several local agencies involved will be considered. If refinements to the study approach and mitigation measures are necessary, they will be recommended. 6.5: Air Quality EDAW's senior air quality expert will conduct a thorough technical review of the air quality analysis completed by Giroux and Associates. This review will consider consistency with the South Coast Air Quality Management District (SCAQMD) methodologies and standards. Specific attention will be paid to any updates that may be necessary based on the changing standards and requirements within the region. EDAW will conduct spot-checks of references and regulatory standards to ensure adequacy and consistency with SCAQMD requirements. The appropriateness of the recommended mitigation measures will be reviewed and any refinements will be recommended. 6.6: Biological Resources Extensive biological resource analysis has been completed in support of the ADEIR. Senior EDAW biologists will review the technical studies to determine whether the 13 methodologies and conclusions are sound. Appropriate regulatory agency representatives will be contacted to clarify concerns or preferred mitigation approaches. Prior to any agency contact, EDAW will coordinate with the Aera team (e.g., The Planning Center) to ensure the correct contact is made and to establish any appropriate contact: protocols. Our senior biologists will pay particular attention to the appropriateness of project mitigation measures. If alternative mitigation measures may be warranted or possible, EDAW will provide this input. It is anticipated that supplemental field or survey work will not be necessary, and is not included in this scope of work. 6.7: Cultural Resources A senior EDAW cultural resource specialist will review the cultural resource study, prepared by John Minch and Associates. This review will focus on the study methodology, thresholds of significance, and the appropriateness of the mitigation measures identified for the project. Consideration will be given to the extent of conducted surveys given the programmatic stage of the project. In addition, the ADEIR section will be reviewed to ensure the methods and recommended measures are appropriately characterized in the ADEIR, and that mitigation measures provide the necessary level of detail and description of performance standards to ensure that potential impacts to known and unknown cultural resources are addressed. EDAW will provide Native American consulting services for the City of Diamond Bar as mandated by Senate Bill (SB) 18 due the General Plan Amendment that will be necessary for project implementation. EDAW will contact the Native American Heritage Commission for a sacred lands search and a list of SB 18 contacts. In consultation with the City, EDAW will draft a Native American contact letter for distribution on City of Diamond Bar letterhead. The contact letter will be followed with phone calls. Based on the size and complexity of the project, it is anticipated that EDAW will organize up to three (3) consultation meetings between tribal representatives and city staff. In addition, EDAW staff will conduct up to two (2) field trips with City and Native American representatives. EDAW will provide written documentation of contacts, along with meeting minutes and field trip notes. 6.8: Mineral Resources The ADEIR mineral resource section will be reviewed to ensure the potential for impacts to mineral resources is appropriately addressed and substantiated in the ADEIR. 6.9: Agricultural Resources The ADEIR agricultural resource section will be reviewed to ensure the potential for impacts to these resources is appropriately addressed and substantiated in the ADEIR. The subject of agricultural resources and methodologies for their assessment is an area where there are differing views within the environmental and consultant communities. EDAW is well versed in the differing views and analysis methodologies regarding this 14 topic; we have a particular expertise in this regard, and have authored several articles and presentations on the topic. Our review will focus on the methodologies used for the analysis, and will consider whether they are the most conservative approach in light of the case law and statutes that provide guidance on this topic. If warranted, we will recommend any adjustments which may bolster the conclusions of the analysis. 6.10: Visual Quality EDAW will review the visual analysis in consideration of the guidance provided by CEQA and the CEQA Guidelines. Although the consideration of visual impacts can be subjective, the clear definition of thresholds of significance and connectivity of the analysis to the thresholds of significance can provide clarity in a visual analysis. Of particular concern for the project will be whether the project substantially changes the character of the site and surroundings and whether scenic resources would be damaged or removed. Because the project would result in development of a large portion of land that is currently open space, these considerations will be of particular concern. Special attention will be given to the definition of scenic resources, using the general plans and regulatory documents of the involved agencies as guidance. In addition, consideration will be given to the hillsides and ridgelines and to what degree the invollved jurisdictions characterize these as important resources. To the extent possible, the ADEIR visual quality section should rely upon adopted regulatory standards and guidance for these definitions. Where these definitions are not available, the ADEIR analysis could create the substantiation to defend the conclusions regarding visual impacts. In our review of the ADEIR visual quality section, we will also pay particular attention to any identified mitigation measures to consider whether the measures directly address the impact in enough detail to reduce any identified impacts to a less -than -significant level. It is our understanding that the ADEIR also identifies some visual impacts as significant and unavoidable. We will review these findings and determine whether they are substantiated. In addition, EDAW will determine if alternatives should be considered to address these identified impacts. 6.11: Transportation/Traffic As part of this task, EDAW team member Fehr & Peers will participate in a meeting with LSA Associates, the consultant responsible for developing the traffic and circulation analysis. This meeting will provide an opportunity to review the approach and methodologies used in the study. It is our understanding that a separate traffic analysis has been conducted for Los Angeles and Orange counties. The approach for incorporation of any applicable standards or requirements specific to the City of Diamond Bar will be discussed. Fehr & Peers will then conduct a peer review of the documents and any relevant technical appendices. A focus of this review will be whether the methods are applicable to the context and for defensibility related to CEQA requirements and recent court cases. Additionally, Fehr & Peers will conduct spot- checks of technical calculations and will identify any issues that may need additional information to develop a comprehensive analysis. Consideration will be paid to different methodologies or thresholds that may be necessary to address the needs of the 15 multiple jurisdictions involved in the project. Specific attention will be paid to the identified mitigation measures, considering whether they are adequate with respect to the needs of the City of Diamond Bar. Fehr & Peers will consider whether alternative mitigation measures are possible, and whether the mitigation measure triggers and fair - share contributions are proportional to the project's impact. Mechanisms may be suggested for on-going monitoring of the project and a protocol may be developed for how individual maps will be reviewed (and further studies needed) subsequent to master plan approval. 6.12: Sewage Disposal In this task, EDAW will conduct a technical peer review of the ADEIR section focused on sewage disposal to determine whether the appropriate study methodologies have been considered. In addition, EDAW will review this section for its compliance with CEQA, including the adequacy of significance conclusions and any identified mitigation measures. 6.13: Utilities The utilities analysis will need to address all the improvements necessary to provide utility service connections to the project site. Considerations in our review will be to determine whether the analysis addresses any off-site improvements or connections that may be necessary. The utilities analysis should be oriented toward LAFCO review and use of the document for any service boundary changes necessary for the project. As part of this task, EDAW will conduct a thorough technical review of the Water Supply Analysis. Our team has particular experience developing water supply assessments for public agencies in response to SB 610; based upon this expertise, we will provide any input that we feel is necessary to ensure the assessment is regarded as technically sound. 6.14: Environmental Safety EDAW's senior hazardous materials specialist will review the environmental safety section of the ADEIR and the Phase 1 Environmental Site Assessment to determine its adequacy in methodology, approach, and impact definition. In addition, the ADEIR section will be reviewed to consider the adequacy of any mitigation measures requiring additional study, and whether the measures provide for the necessary performance standards to ensure CEQA compliance. 6.15: Land Use The land use section will be reviewed by a senior land use and CEQA specialist. Specific attention will be paid to the policy analysis and how the policy analysis is integrated into the environmental analysis. Consistencies and inconsistencies with existing and proposed local land use plans and policies should be identified and addressed, in compliance with Section 15125(d) of the CEQA Guidelines, which direct 16 all EIRs to discuss any inconsistencies between a proposed project and applicable general plans and regional plans. The plans and policies of the City of Diamond Bar, Los Angeles County, and Orange County should be addressed. In addition, it is assumed that this section of the ADEIR considers whether any environmental impacts related to land use could occur. Of particular importance in a land use analysis is the definition of thresholds of significance, and what constitutes a significant environmental impact. EDAW will make any necessary recommendations in light of these considerations. 6.16: Population, Housing, and Employment EDAW will review the population, housing, and employment section of the ADEIR, paying particular attention to the distinction between environmental and social issues. In addition, this section of the ADEIR should also address to what degree secondary environmental impacts could occur from potential social issues related to housing and employment. In particular, EDAW will consider the identified thresholds of significance and their linkage to the environmental evaluation provided in this section. 6.17: Recreation The ADEIR recreation section will be reviewed to ensure the potential for impacts to recreation resources and any secondary environmental effects are appropriately addressed and substantiated in the ADEIR. 6.18: Cumulative Analysis The required components of the cumulative assessment are included in several section; of the ADEIR. The assumptions regarding cumulative impacts are provided in the Environmental Setting section of the ADEIR, while the technical cumulative analyses are provided in each of the environmental resource chapters. EDAW will review these sections to determine their sufficiency. Of particular focus will be consideration for the extent of projects or growth assumptions that are included in the assumptions regarding cumulative impacts, or what can be referred to as the "cumulative baseline." Our review of the cumulative analyses will be based on an understanding of other projected growth, uses proposed in the vicinity of the property, and specific known projects, which would be added to specific impacts of the project. We will consult with each of the counties and the City of Diamond Bar to determine the sufficiency of the cumulative baseline. In addition, the cumulative analyses will be reviewed to ensure that they create a logical connection between the cumulative baseline and potential cumulative impacts. The cumulative analysis should include the following elements: A discussion of related projects (the cumulative baseline). It is typically best if the baseline is discussed issue by issue (i.e., land use, air quality, traffic, noise, biological resources, etc.), since the cumulative baseline or study area may differ by topic. 17 • A conclusion as to whether the baseline for each environmental topic is significant. • If environmental impacts under the baseline are significant, a discussion and determination as to whether the project would contribute considerably and therefore cause a cumulatively significant effect. • If environmental impacts under the baseline are not significant, a discussion and determination as to whether the project plus baseline exceed significance thresholds, and therefore result in a collectively significant effect. • If there is a significance finding, the cumulative assessment should identify mitigation measures to reduce the key impacts to a less -than -significant level. If mitigation measures are not available, the reasons that they are not available must be substantiated. EDAW will evaluate the components of the cumulative assessment in light of this guidance. If necessary, EDAW will recommend additions or revisions to the cumulative assessment in order to address the necessary requirements of CEQA and the CEQA Guidelines. 6.19: Alternatives to the Proposed Project The alternatives analysis will be reviewed for sufficiency in light of the guidance provided by CEQA, the CEQA Guidelines, and applicable case law. The focus of the alternatives considered should be those alternatives that could avoid or substantially lessen the significant environmental impacts identified in the technical sections of the ADEIR. The alternatives analysis can often be the subject of litigation, and thus our review will afford special attention to whether the analysis meets the intent of the law. For example, we may have suggestions for ways to expand the alternatives analysis to provide a clear record of why particular alternatives have been rejected from consideration (e.g., not meeting project objectives or infeasibility). In our review of the alternatives analysis, we will consider the concerns that were previously raised by comments in response to the Notice of Preparation to ensure that the analysis is responsive. In addition, we will consider the significant environmental impacts identified for the project in the issues analyses, and whether the alternatives analysis adequately discusses alternative scenarios that may avoid or reduce the identified environmental impacts. While it is not a requirement of a lead agency to analyze every possible alternative or to adopt the environmentally preferable alternative, the EIR must provide the enough detail and discussion so that decision -makers can make an informed choice about the options that are available. This task will address the review of up to 8 alternatives. This includes the alternatives included in the ADEIR that was made available to EDAW for initial review, plus one additional alternative. Should additional alternatives be added for consideration, a scope of work and budget amendment may be necessary. 6.20: Other ADEIR Sections 18 EDAW will review all other sections required to assemble a full and complete ADEIR. This task will include the table of contents, executive summary, introduction, environmental setting, growth inducement, effects not found to be significant, unavoidable significant effects, significant irreversible environmental changes, references, and individuals and agencies consulted. We will pay specific attention to the required contents of an EIR as specified by the CEQA Guidelines to ensure that no element is overlooked. 6.21: Global Warming There is now a strong legal, as well as a scientific, basis for the argument that CEQA documents should begin to address global warming issues. This basis includes the recent signing of AB 32 by the Governor, which integrated specific language regarding global warming into the Health and Safety code. In addition, there are several active lawsuits on EIRs where the challenges include the claim that global warming was not adequately addressed. While the level of detail require for a global warming evaluation does not need to be exhaustive, it should be addressed in the EIR. EDAW has been working directly with Jim Moose of the Remy, Thomas, Moose, and Manley, arguably the leading CEQA law firm, on this issue, and can provide specific guidance to the planning team on how to integrate this issue into the environmental analysis. TASK 7: REVISED ADMINISTRATIVE DRAFT EIR This task accommodates EDAW's involvement in reviewing revisions to the sections and technical reports considered in Task 6. It is anticipated that a complete revised ADEIR will be provided to the EDAW team after incorporating comments made during Task 6. EDAW's review will be concurrent with the City of Diamond Bar's review. Included in this Task is EDAW's participation in team meetings (up to 2 meetings accounted for in Task 2) to review the City's comments on the revised ADEIR and provide direction to the Aera team. TASK 8: PUBLIC REVIEW DRAFT EIR EDAW will prepare the Notice of Completion and the Notice of Availability, and submit the notices and the requisite documents (provided by The Planning Center) to the State Clearinghouse. In addition, the Notice of Availability will be submitted to the County Clerk. EDAW will be reimbursed the cost of filing the Notice of Availability with the County Clerk. EDAW will assist The Planning Center with review and revision of the distribution list for the Notice of Availability. If necessary, EDAW could also assist with the distribution of the notices and environmental documents. EDAW will be available to support the City in the 45 -day public review process for the Draft EIR. This task includes attendance and presentation support at a public meeting to receive oral comments on the Draft EIR. 19 TASK 9: FINAL EIR At the completion of the Draft EIR public review period, EDAW will review the public comments received on the Draft EIR concurrent with The Planning Center's review. EDAW will provide input on the issues that need to be addressed in the response to comments. The Planning Center will be responsible for the development of response to comments. This will include responses to letters as well as oral comments received at any public meetings. After The Planning Center develops the responses to comments, EDAW will conduct a review of the draft responses. This review will focus on the sufficiency and responsiveness of the written responses. Because the number of comments to be received during the public review period is difficult to predict, this scope of work estimates the level of effort to a review of 30 comment letters, with an average of 10 comments per letter and the associated responses and Draft EIR revisions. After EDAW has provided input into the draft response to comments, it is assumed that The Planning Center will finalize the response to comments and prepare the Administrative Draft EIR, which will include the responses to comments and the associated revisions to the Draft EIR. Based on this volume of anticipated comments, it is assumed that the Final EIR (comments and responses) will not exceed 200 pages. However, depending on the number and complexity of the comments received, additional effort may be required. In our peer review of the Final EIR, our technical experts will be engaged as necessary to address and review technical issues of concern. This task assumes up to 2 meetings (accounted for in Task 2) with the City of Diamond Bar and the planning team. This task is limited to the professional hours, as shown in the accompanying spreadsheet. Should additional effort be necessary for completion of this task based upon the volume or complexity of the comments received on the Draft EIR, and contract and budget amendment would be necessary. TASK 10: MMRP, FINDINGS OF FACT, AND STATEMENT OF OVERRIDING CONSIDERATIONS EDAW will review of the Mitigation Monitoring Program, the Findings of Fact and Statement of Overriding Considerations. EDAW will provide comments on initial drafts of these documents. In addition, EDAW will review revised versions of the documents to ensure our comments are incorporated appropriately. TASK 11: PUBLIC HEARINGS On the City's behalf, EDAW will be available to attend and participate in the public hearings for certification of the Final EIR and consideration of project approval. This scope of work assumes up to three hearings will be necessary for the project. Up to two 20 preparatory meetings are included in this task to review the staff report, presentation, and define roles for the meetings. EDAW will prepare the Notice of Determination and file it with the State Clearinghouse, if desired by the City of Diamond Bar. 21 Environmental Impact Report EXHIBIT B 22 March 2007 — Nov 2007 CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 20th day of March 2007, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and EDAW, Inc. ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 11. Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are described in Exhibit "A", dated January 29, 2007. Consultant shall be compensated a not -to - exceed amount of $307,435 for services identified in Exhibit A based on services provided to City. Payment to be made as specified in this agreement. A contingency amount of up to $30,000 is available for additional work not included in the current scope of services and is only authorized after written approval by the City. B. Level of Services/Time of Performance. The level and time of the specific services to be performed by Consultant are as set forth in Exhibit "A". Consultant agrees that it has the manpower and will dedicated sufficient resources to meet the timeline attached as Exhibit "B". It is understood that acts of the City, developer, courts or nature may affect Consultants ability to meet the timeline and Consultant shall not be liable for delays resulting for acts of these independent parties. 2. Term of Agreement. This contract shall take effect immediately and shall continue until completion of the project unless earlier terminated pursuant to the provisions herein. LAS99 1435683-3.075285.0011 -i- 3 Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed $307,435 without written addendum. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4177 6. Status as Independent Consultant. Consultant: EDAW, Inc. 1420 Kettner Blvd, Suite 620 San Diego, CA 92101 A. Consultant is, and shall at all times remain, as to City, a wholly independent contractor. 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 agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes in amounts paid to Consultant under this Agreement, and to 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. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employee's. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' 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 Section 6. 2 7'. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions working in the State of California. 8. Indemnification. Consultant agrees to indemnify the city, its officers, designated agents, volunteers, and employees, against, and will hold and save them and each of them harmless from all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts, and/or errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers and employees, shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. B. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall pursuant to the terms of this Agreement; shall b which is admitted to do business in the State o - 3 cover the obligations of Consultant issued by an insurance company California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or a substantially similar form which the City has agreed in writing to accept. 110. Confidentiality. Consultant, in the course of its duties, may have access to confidential data of City, private individuals, or employees of the 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. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular 4 project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15t") day following delivery of the notice. In the event of such termination, City agrees to pay consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such non-discrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 115. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior- written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 240. Attorney's Fees. In the event that either party to this Agreement shall commence any legal of equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designated in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be M amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 7