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November 9, 2010 Page 9 Findings of Fact and Statement of Overriding Considerations Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR identifies one or more significant effects unless the public agency prepares findings for each significant effect. The Planning Centerwill prepare findings and facts in support of findings for each of the significant impacts identified by the EIR, along with a determination as to whether those impacts would be reduced to below a level of significance by proposed mitigation measures. Additionally, Section 15093 requires that when an agency approves a project thatwill have significant adverse unavoidable environmental effects, the agency must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental damage. Thesefacts and findings and the statement of overriding considerations for any significant impacts will be incorporated into the resolution to be prepared by City staff. Mitigation Monitoring Program A Mitigation Monitoring Program (MMP) will be prepared pursuant to Section 21081.5 of the Public Resources Code. The MMP will include any mitigation measures in the PEIR. The MMP will list the significant impacts that would result from the project; proposed mitigation measures for each impact, the times at which the measures will need to be implemented; the entity responsible for implementation; the City departments or other agencies responsible for monitoring the mitigation effort and ensuring its success; and compliance verification criteria. Notice of Determination if the project is approved by the lead agency, an NOD is filed within five working days. The City will be responsible for filing the NOD with the County Clerk of the Board in Orange County, as well as the State Clearinghouse.' Deliverable(s): - Findings of Fact and Statement of Overriding Considerations (5 review hard copies and 2 CD copies) - Mitigation Monitoring Program (5 review hard copies and 2 CD copies) - Notice of Determination TASK 8 MEETINGS AND HEARINGS In an effort to achieve a high level of communication, our estimated budget assumes that The Planning Center's Project Manager will attend up to two meetings with City staff during the course of the environmental review process. Additional meetings or attendance by other members of the consultant team will be billed on a time-and-materials basis. Costs for meeting attendance will be billed in accordance with the hourly rates for the personnel involved. During the final month of the project, we anticipate attendance at up to two public hearings, including the Planning Commission and City Council hearing(s), concluding in adoption of the Vision Plan (including General Plan and Specific Plan amendments) and certification of the Final PEIR. As specified below, the Project Director and the Project Manager will attend these public hearings to answer any questions regarding the CEQA process, the EIR findings, etc. Deliverable(s): - Conference calls (up to 3) - Attendance at 2 meetings (Project Manager) (in addition to the Public Scoping meeting) - Attendance at one Planning Commission hearing (Project Manager) - Attendance at one City Council hearing (Project Director and Project Manager), as detailed in the attached schedule. ' For the purpose of the scope of work and cost estimate, it is assumed that the City would be responsible for California Department of Fish and Game (CDFG) mitigation fee and county filing fees.