HomeMy WebLinkAbout25B - AGMT - ENVIRONMENTAL SRVS THE PLANNING CENTERREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 24, 2011
TITLE:
AGREEMENT FOR ENVIRONMENTAL
SERVICES WITH THE PLANNING CENTER
C/
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement
with The Planning Center for planning and environmental services in an amount not to exceed
$101,640 to perform a park analysis and preparation of environmental documents for the
Orange-McFadden Park site, subject to non-substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
In 1979, the City licensed approximately 2.6 acres of Centennial Park to Rancho Santiago
Community College District (RSCCD) to build and operate a Career Education Center consistent
with the park deed conditions. Centennial Park site was obtained from the Federal Government
for recreation purposes and the deed conditions require National Park Service (NPS) approval of
any improvements in the park site. The College is proposing to construct a two story classroom
building in the licensed area at Centennial Park. NPS indicated the college improvements are
not for recreational purposes and provided the option of a Land Conversion to transfer the deed
restriction to a new 1.4 acre park site at McFadden and Orange Avenues. The land conversion
must be of equal recreational value. In order to assess equal recreational value NPS is
requesting the following documents be provided before a final decision or approval is granted: 1)
An appraisal report on properties, 2) a recreation value report, 3) a soils analysis of the new park
site, 4) an environmental assessment, and 5) a legal description/title search of the new site.
On February 7, 2011, City Council approved a reimbursement agreement with RSCCD in the
amount of $300,000 for the preparation of various documents including an appraisal report which
has been completed on both properties. If NPS approves the land conversion option, the City at
that time would need to approve the College's request to build the two story classroom building at
Centennial Park. This Request for Proposal will retain a consultant to prepare the environmental
assessment, soils analysis and park analysis on the McFadden/Orange site. The legal
description/title search will be prepared by the Public Works Agency. Once all documents are
completed this information will be sent to NPS for determination.
25B-1
Agreement with The Planning Center
AUGUST 24, 2011
Page 2
A Request for Proposal (RFP) for consultant services was authorized by the City Council on June
6, 2011. The RFP was prepared and sent to twenty different environmental firms.
A proposal was received from four environmental firms. After reviewing and ranking the
proposals, a firm was found to be qualified, and the Planning Center was selected based on the
firm's experienced staff, knowledge of the study area, and ability to complete the work in a timely
manner. Therefore, The Planning Center is recommended for the consultant for the project. The
consultant has identified a cost of $92,400 for the recreational analysis and associated
environmental studies to be prepared (Exhibit 1). An additional ten percent (10%) contingency
has been included in the overall amount for a total of $101,640.
FISCAL IMPACT
Funds are available in the Parks and Recreation account (no. 30113260-62300, activity no.
11261101022). The total contract amount will not exceed $101,640.
APPROVED AS TO FUNDS AND ACCOUNTS:
C4??
J". Trevino
Executive Director
Planning and Building Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Gerardo Mouet
Executive Director
Parks, Recreation & Community Services Agency
HS:rb
hs\McFadden-Orange_Park_Site\RFP_RFCAccContract.docx
Exhibit: 1. Agreement
25B-2
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2011 by and
between THE PLANNING CENTER, a California corporation ("Consultant"), and the City of
Santa Ana, a charter city and municipal corporation of the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field
of park analysis and professional environmental reports and services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide professional environmental services, including the preparation
of a Recreation Value Report that will assess the Orange-McFadden Park site, research program
needs, options and opportunities for the site, prepare alternative concept plans and cost estimates
to determine recreational opportunities, and prepare environmental documents for the site. The
scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is
incorporated by this reference to this Agreement.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible
with the City's computer system, as agreed between the Project Manager and Consultant. In
regard to all copyrightable material produced as a deliverable under this Agreement, including
but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes,
and computer programs, Consultant agrees, for itself and for its affected officers, employees,
agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted
without prior review from the City, and (b) the authors of all such material, whether copyrighted
or not, award to the City, and to its officers, agents and employees acting within the scope of
their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish,
translate, reproduce, and use such materials.
25B-3
COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
cumulative rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $101,640.00 during the term of this Agreement. Payment by City
shall be made within thirty (30) days following receipt of proper invoice evidencing work
performed, subject to City accounting procedures. Payment need not be made for work which
fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate upon the
completion of the Scope of Services or depletion of the maximum contract amount as stated in
Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consuitad shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers
and representatives as additional insureds) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total amount
of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
2
25B-4
additional insured endorsement in substantially the form attached hereto as Exhibit B
upon execution of this Agreement and shall be approved in form by the City
Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
£ If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct, from the direct or indirect operations of the
Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section 1 of this Agreement; and (2) from any
25B-5
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is
due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent
acts, omissions or willful misconduct in the performance of this Agreement.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: City of Santa Ana
C/o Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With copy to: Executive Director of PBA
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
4
25B-6
telefacsimile (714) 973-1461
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:Thc Planning Center
Dwayne Mears, AICP
Principal
1580 Metro Drive
Costa Mesa, CA 92626
telephone (714) 966-9220
telefacsimile (714) 966-9221
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any proposal or other instrument that are inconsistent with,
or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the
City. Each party to this Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
25B-7
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions: .
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shalt notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
6
25B-8
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D, HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH A. STRAKA
Interim City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
Interim City Manager
THE PLANNING CENTER
By:
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JAY TREVINO
Executive Director - PBA
7
DWAYNE MEARS
Principal
25B-9
EHIBIT A
SCOPE OF SERVICES
(Attached)
25B-10
Understanding of the Project
The City of Santa Ana leased approximately 2.6 acres within Centennial Park to the Rancho Santiago Community
College District (RSCCD) for the purpose of building and operating a Career Education Center consistent with the
park deed restrictions. The original 30-year agreement expired, and because RSCCD did not fully satisfy its duties
under the agreement, the National Park Service agreed to extend the agreement for only five years. NPS has
indicated that RSCCD must either move from Centennial Park or provide replacement parkland of equal
recreational value. The City is seeking the assistance of a consulting firm to prepare a recreational value report, a
soils analysis for the replacement park site, and an environmental assessment. The City Is separately contracting
with others to perform an appraisal of the replacement property and a legal description/title search.
Scope of Services
RECREATION VALUE REPORT
In this task, The Planning Center DC&E will prepare a Recreation Value Report that will assess the McFadden and
Orange Site (park site), research program needs, options and opportunities for the site compared the Centennial
Park site, and prepare alternative concept plans and cost estimates to determine recreational opportunities.
Site Visit
The Planning Center I DC&E will initiate the recreation analysis with a joint meeting at the proposed park site
and Centennial Park site including City and Community College District staff (City/District staff). The goal of the
site visit will be to ensure design issues and constraints are understood prior to preparing alternative concepts.
The Planning Center I DC& team will be able to discuss possible program elements and approaches with
City/District staff while on-site. City staff will provide information on the development of the proposed park site,
referred to as Pacific Electric Park on the City's website, including any public participation and design
discussions.
Preliminary Consultation with National Park Service
The Planning Center DC&E will have a preliminary conversation with the National Park Service (NPS) to discuss
the project and confirm assessment needs for their review. Should additional analysis or documentation be
needed beyond what has been scoped, The Planning Center DC&E will discuss these changes with City/District
Staff.
Base Map
The Planning Center ( DC&E will prepare a site base map for the proposed site and Centennial Park using aerial
photos and available record drawings for the sites and surrounding existing infrastructure and perform a site
investigation to determine the existing conditions including drainage patterns, the location of existing utilities,
and other site elements. The AutoCAD compatible base maps of the sites will be used for preliminary site
analysis and development of alternative concepts.
Site Analysis Memorandum
The Planning Center DC&E will prepare a site analysis memorandum to document opportunities and
constraints at both the proposed park site and at Centennial Park. Using existing documents provided by staff,
including Infrastructure and utility data, and data gathered from the site visit as a starting point, The Planning
THE PLANNING CENTER[DC&E I PROPOSAL: RECREATIONAL ANALrSIS,,POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN/ORANGE PARK SITE 7
25B-11
Center ( DC&E will Identify Issues relative to both sites Including safety, utility points of connection, drainage
patterns and infrastructure. The memorandum will include a diagram that will Identify circulation patterns,
adjacent properties, existing vegetation, views to and from the site, and locations for potential buildings. The
memorandum will be submitted to City/District staff for review and comment.
Program Analysis
The Planning Center J DC&E will utilize the City of Santa Ana General Plan and the Youth & Family Master Plan
Assessment Phase I as base documents to assess the recreational needs in the community. The team will gather
and review the most current population data from US Census, SCAG, the City Planning Department, and State
Finance Department to identify changing demographic trends that will impact local park and recreation
planning. Additionally, the team will research recreation patterns and trend information through resources such
as American Demographics, Institute of the Future, CPRS, NRPA, the State of California Park and Recreation
Department Needs Survey (2008), the CPRS Action Plan, Outdoor Industry Association Surveys, California Arts
Council and others to identify changing recreation patterns that are pertinent to program development for the
park site. City staff will provide survey results from the 2010 OCCCO Park Planning Committee Future Pacific
Electric Park Site Survey along with other data and Information associated to date with the planning for the
Pacific Electric Park Site.
Alternative Concepts
The Planning Center DC&E will produce up to three alternative concepts for Centennial Park based on the site
analysis, program research and discussions with City/District staff. The Planning Center I DC&E will produce up
to two alternative concepts for the proposed site based on the site analysis, program research and discussions
with City/District staff; the conceptual plan for Pacific Electric Park will be the third alternative. The alternatives
will identify which program elements determined in an earlier task can be accommodated at the park site.
Preliminarily, it is anticipated that these alternatives may include, but not be limited to:
• Paths and neighborhood connections
• Benches and seating
• Restroom
• Shaded or covered areas
• Picnic and barbeque sites
• Tot and school-aged play areas
• Informal turf areas
• Fencing
• Amphitheater
• Interpretive signage
• Exercise stations
• Plantings
• Shade structures
• Play fields, space permitting -baseball, softball, soccer, multi-use
• Basketball, tennis, bocce, horseshoes or other play courts
• Water play areas
• Community gardens
PLANNING IS THINKING AND DOING SOMETWIG ABOUT THE FUTURE NOW. LET'S COLLABORATE.
25B-12
Preliminary cost estimates will be developed for each concept in order to assist in evaluating the park sites.
The Planning Center I DC&E will present the alternatives and discuss the site and program analysis at a joint
meeting of City Staff to clarify direction in moving forward with the Draft Report
Draft Report
The Planning Center I DC&E will prepare a draft Recreation Value Report, incorporating the research, site
opportunities and constraints, alterative concepts and cost estimates. The report will include a comparative
analysis of recreational needs within the Centennial Park and McFadden/Orange communities and the potential
for accommodating those needs at each site.
City Staff Review
The draft Recreational Value Report will be submitted to City /District Staff for review and comment. The City and
District will provide a consolidated list of review comments to The Planning Center I DC&E to incorporate into
the Final Report. Any conflicting comments between the City's and District's consolidated comments will be
brought to both parties attention for resolution prior to creation of the Final Report.
Final Report
Based on City/District staff comments, The Planning Center I DC&E will create the final Recreation Value Report,
incorporating staff comments for the City and District to provide to NPS for review and assessment of equal
recreational value.
Optional Task: Community Meeting
There has already been public participation in the development of the proposed park site, referred to as Pacific
Electric Park, including a survey, conceptual plans and preliminary phased improvements. Depending on City
staff review comments to the Alternative Concepts and NPS review, additional public meetings may be
necessary to discuss the changes with the community. The Planning Center I DC&E can facilitate these meetings
and is available to discuss additional scope and budget should this be necessary.
ENVIRONMENTAL REVIEW
CEQA
The McFadden-Orange site Is vacant and zoned for residential use. The proposed park would trigger the need
for a General Plan Amendment and rezoning. Based on our understanding of the project and our experience
with similar projects, we believe that the project will not require a full EIR, but can be cleared through a
(Mitigated) Negative Declaration. We will prepare the various studies In an objective manner and work with City
staff and consultant team whenever project changes or mitigation measures are necessary to reduce Impacts to
a less than significant level. If any impacts remain significant despite best efforts at finding solutions, an EIR
would be required, resulting in a change to this scope.
NEPA
We believe NPS approval will trigger the need to prepare an Environmental Assessment under the requirements
of NEPA. The EA will be based largely on the results of the MND, but will include additional NEPA sections and
will follow the checklist from the Environmental Screening Form in Appendix 1 of the National Park Service
Director's Order (DO) 12 Handbook, Handbook for Environmental Impact Analysis. (Note: The Planning
CenterlDC&E prepared the Centennial Park/GodinezJoint Use Project EA for the NPS).
THE PLANNING CENTER[DC&E I PROPOSAL: RECREATIONAL ANAL YSIS;POTENTIAL NEGATIVE DECLARATION FOR F. 4CFADDENIORANGE PARK SITE 9
25B-13
Initial Study/MND
The Planning CenterlDC&E will prepare an Initial Study containing a description of the project and
environmental setting, Identification of responsible and trustee agencies, a checklist of impacts, a review of each
topic, and appropriate mitigation measures.
Mitigated Negative Declaration
The Initial Study will be attached to the Mitigated Negative Declaration (MND). As required in CEQA Guidelines
Section 15071, the MND will contain a brief description of the project, the applicant's name, the location of the
project site, the proposed finding of no significant impacts, and a list of mitigation measures.
Notice of Intent to Adopt. The Planning CenterlDC&E will prepare a Notice of Intent to Adopt the MND.
Document Printing and Circulation. The firm will print copies and be responsible for distributing the MND. The
creation of a mailing list of adjacent residents and property owners is not included in this scope, but can be
added If requested. (Such a mailing is not required by CEQA.)
Document Revisions. Following the close of the public review period, responses will be prepared and, if
appropriate, the MND may be revised. For budgeting purposes, a maximum number of hours is assumed for
preparation of responses to comments. Additional effort would require a modification of this scope and fee.
Mitigation Monitoring Program. A Mitigation Monitoring Program will be prepared for the MND
ENVIRONMENTAL ANALYSIS
Aesthetics
Although precise park/recreation improvements are unknown at this time, it can be assumed that the site might
include turf, landscaping, playfields, backstops/goals, picnic tables, shade structures, restroom building,
community building and similar features. Based on the conclusions of the recreational analysis, the anticipated
improvements will be evaluated for their visual impact on nearby residences and along the adjacent roadway.
Given the McFadden/Orange site's relative small size and location adjacent to a residential neighborhood, It is
assumed that park improvement would not include lighting for nighttime use.
Traffic and Parking
An analysis will be conducted to determine the impacts of potential park improvements on traffic and parking
conditions in the vicinity of the project site. The streets providing access to the site will be inventoried with
regard to such physical characteristics as number of lanes, types of traffic control devices, sidewalk locations, and
driveway locations. Traffic conditions will then be evaluated based on existing and projected future peak hour
traffic volumes and intersection levels of service. Traffic volume data will be collected from the City of Santa Ana,
if available. Where needed, new traffic counts will be taken at the streets and intersections in the project vicinity
to update and supplement the available data. Up to eight intersections In the project area will be studied. Staff
at the City of Santa Ana will be consulted to identify the intersections that will be evaluated. The future baseline
traffic volumes will be forecast by considering the effects of general area-wide growth and the cumulative
volumes of traffic that would be generated by other proposed development projects in the area.
The impacts of the proposed project will be determined by estimating the levels of traffic resulting from the
activities at the park and then conducting a before-and-after analysis of traffic conditions on the streets and
intersections in the site vicinity (i.e., traffic conditions with and without the proposed project). The volume of
traffic that would be generated by the park will be based on the trip generation rates from the Institute of
Transportation Engineers' Trip Generation manual. The traffic analysis will address the project's impacts during
TG PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
25B-14
the afternoon peak period on a typical weekday and on a weekend day. The analysis will also address the
anticipated parking impacts of the proposed project.
Potential measures for mitigating the adverse traffic and parking impacts (if any) will be identified in
consultation with the City of Santa Ana. The analysis methodology, assumptions, and findings will be
summarized in report sections suitable for insertion into the environmental document.
Air Quality
Potential air quality impacts associated with construction and operation of the project will be analyzed in the
EIR. The analysis will be based on the South Coast Air Quality Management District's (SCAQMD) methodology for
projects in the South Coast Air Basin (SoCAB). Air pollutant emissions will be quantified using the CaIEEMod
computer model for both the construction and operational phases. Construction modeling will be based on
construction phasing, the construction schedule, and anticipated equipment for each type of construction
activity. Air pollutant emissions will be compared to SCAQMD's regional thresholds of significance to determine
the significance of project-related construction emissions due to the expansion of the stadium and
reconfiguration of the athletic field. Onsite localized project-related emissions associated with vehicle exhaust
and dust generated during the construction phase will also be evaluated against SCAQMD's screening-level
localized significance thresholds (I-STs) for projects under five acres to determine whether sensitive residential
uses along local roadways would be exposed to air pollution that exceeds the ambient air quality standards
(AAQS). Project-related emissions will also be evaluated relative to consistency with the air quality management
plan.
Greenhouse Gas Emissions
The EIR will quantify greenhouse gas (GHG) emissions for area sources, energy (purchased energy, energy from
water transport, use, and treatment), waste disposal, and transportation emissions sources generated by the
project. The potential effects of GHG emissions, history of GHG emissions regulation In California, and project-
related GHG emissions will be discussed. Project consistency with the CARB Scoping Plan's statewide GHG
emissions reduction strategies will also be reviewed.
Noise and Vibration
The environmental document will evaluate potential impacts resulting from the construction and operation of
the park improvements as suggested in recreational analysis. The noise analyses will be consistent with the noise
compatibility standards of the City of Santa Ana. The short-term construction analyses will focus on potential
noise and vibration impacts on sensitive land uses such as the onsite school classrooms and local residential
uses. Based on the anticipated construction schedule and equipment list, construction-related noise and
vibration levels will be calculated for the project using published data from the US Environmental Protection
Agency and Federal Transit Administration. The noise analyses will evaluate the potential for project-related
traffic and stationary sources to substantially elevate the ambient noise environment.
Hazards and Hazardous Materials/Phase I Environmental Assessment
The Phase I will be conducted in accordance with the American Society for Testing and Materials (ASTM)
Standards on Environmental Site Assessments, ASTM E 1527-05 (ASTM 1527-05). The goal of an ASTM Phase I is
to evaluate site history, existing observable conditions, current site use, and current and former uses of
surrounding properties to identify the potential presence of "Recognized Environmental Conditions (RECs)"
associated with the site. Recognized Environmental Conditions are defined in ASTM E 1527-05 as "the presence
or likely presence of any hazardous substances or petroleum products on a property under conditions that
indicate an existing release, a past release, or a material threat of a release of any hazardous substances or
petroleum products into structures on the property or into the ground, groundwater, or surface water at the
property. The term includes hazardous substances or petroleum products even under conditions in compliance
with laws. The term is not intended to include de minimis conditions that generally do not present a material risk
THE PLANNING CEMERIDC&E I PROPOSAL: RECREATIONAL ANAL YSIS/POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN/ORANGE PARK SITE I I
25B-15
of harm to public health or the environment and that generally would not be the subject of an enforcement
action If brought to the attention of appropriate governmental agencies."
The Phase I scope of work described below has been developed to be consistent with the ASTM E 1527-5
Standard, based on our current understanding of the site. The Phase I consists of three primary tasks that Include
both ASTM-required and discretionary activities: Records Review; Site Reconnaissance and Interviews; and
Report Preparation. The scope of work specific to this project Is described below.
Records Review
The Planning Center]DC&E will assemble and review readily available information on site history and usage as It
relates to the presence of hazardous substances and petroleum products that would constitute RECs on the site.
The ASTM standard lists mandatory and discretionary records for review.
We will review information from the mandatory databases within the ASTM-specified search radii. The
mandatory databases include: NPL, CERCLIS, CERCLIS NFRAP, ERNS, RCRA non-CORRACTS TSD, RCRA CORRACTS
TSD, RCRA Generators, State Hazardous Waste Sites, State Landfills and Solid Waste Disposal Sites, Registered
Underground Storage Tanks (USTs), and Leaking USTs. We intend to use an electronic database service to
provide a report summarizing information from the required records, and will rely on the database service to
conform to ASTM requirements for currency of the information. Should the database search report identify listed
sites with the potential to impact the subject site, The Planning CenterlDC&E may review the federal or state files
pertaining to the listed sites, as reasonably ascertainable and practically reviewable. The budget presented
below does not include costs for review of files by more than one agency.
A 7.5-minute US Geological Survey topographic map will be used to evaluate the physical setting in the site area
and will be supplemented by discretionary review of readily available Information concerning surface
topography, surface water, soil, bedrock, and groundwater conditions on and in the vicinity of the project site.
Historical and current aerial photographs of the properties and surrounding area will be compiled through a
photograph collection search. These photographs will be reviewed by The Planning CenterlDC&E for the
following information: past land uses, development of the site and surrounding area, potential sources of
environmental contamination or evidence of spills, and other items of environmental concern.
Site Reconnaissance and Interviews
The Planning CenterlDC&E will visit the site and view interior and exterior conditions to assess the nature and
type of activities that have been conducted at the site with respect to potential RECS. The Planning CenterlDC&E
will observe and document visible evidence of current and past usage of the property, particularly related to
potential filling, previous structures, sewage disposal systems, hazardous substances, petroleum products,
storage tanks, and evidence of spills or releases of hazardous substances or petroleum products. We understand
that you will make all areas of the site accessible to our representative(s) for the site visit. For budgeting
purposes, we have assumed that all areas of the site will be made accessible and will be seen in one site visit.
Our observations and conclusions related to the site reconnaissance may be limited by prevailing weather
conditions or other site conditions at the time of our site visit. Our report will include a discussion of factors
limiting our site reconnaissance, if applicable.
If knowledgeable persons are identified and can be interviewed, interviews will be conducted. The ASTM
Standard requires that interviews be performed with a "Key Site Manager" and with representatives of building
occupants, In accordance with ASTM, a reasonable attempt will be made to Interview a representative of each
occupant If the building has five or fewer occupants. If the building contains more than five occupants, a
reasonable attempt will be made to interview those major occupants, as defined by ASTM, and those occupants
whose operations could indicate RECs in connection with the property. We request that the current owner(s) or
representative(s) be notified of our visit and asked to participate in an interview regarding site usage and history.
12 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE
25B-16
Further, as required by the ASTM standard, we ask that copies of previous environmental Investigations and
audits of the property are made available, as well as other Information related to storage, use, or release of
hazardous substances or petroleum products at the site, such as environmental permits, registrations for tanks,
material safetydata sheets, orwaste disposal records, if applicable.
Data Evaluation and Report Preparation
The Planning CenterlDC&E will interpret the information and data assembled from work scope task items
numbers 1 and 2 above, and will formulate conclusions regarding evidence of RECs at the site and their potential
impact on the site, We will prepare three copies of a report summarizing the results of our assessment and
discussing our conclusions regarding the potential presence and impact of RECs in connection with the site,
based on the work scope described above.
Based on information gathered during Tasks 1 and 2, the report will answer the areas of concern related to: 1)
hazardous waste, storage, disposal, or release; 2) pipelines on the properties; 3) geology and hydrogeology
beneath the properties and regionally; and 4) air quality and hazardous air emissions from properties within one-
quarter mile radius of the subject properties. The report will summarize the findings of the investigations and
present recommendations for any additional activities, if warranted.
As required by ASTM, our final report will include a staternent indicating that the work was conducted consistent
with the scope and limitations of the ASTM Standard, and discussing whether RECs were or were not identified
in connection with the property.
User-Provided Information
The ASTM Standard requires disclosure in the Phase I report as to whether the user of the report has specialized
knowledge about previous ownership or uses of the property that may be material to identifying RECs, or
whether the user has determined that the property's Title contains environmental liens or other information
related to environmental condition of the property, including engineering and institutional controls and Activity
and Use Limitations, as defined by ASTM. In addition, we are required by the ASTM Standard to Inquire whether
the user of the report has prior knowledge that the price of the property has been reduced for environmental
related reasons. We request that you provide this information to us for Inclusion in our report.
No subsurface explorations or chemical testing of soils or groundwater will be performed during this
assessment. Therefore, our conclusions regarding the evidence of RECs will be based on observations of existing
visible conditions, and on our interpretation of site history and site usage Information. Further, our conclusions
regarding the presence of hazardous substances and petroleum products may not be applicable to areas
beneath existing structures, unless specific subsurface exploration, sampling, and/or testing information is
available and reviewed by us for such areas.
The ASTM E 1527-05 Standard includes the following list of "additional issues" that are non-scope considerations
outside of the scope of the ASTM Phase I practice: Asbestos-Containing Materials, Radon, Lead-Based Paint, Lead
in Drinking Water, Wetlands, Regulatory Compliance, Cultural and Historic Risks, Industrial Hygiene, Health and
Safety, Ecological Resources, Endangered Species, Indoor Air Quality, and High Voltage Powerlines. Assessment
of these items is not included in our proposed work scope. A limited assessment of the presence of
polychlorinated biphenyls (PCBs) Is Included in the ASTM work scope. Accordingly, our assessment of the
presence of PCBs is limited to those potential sources specified in the ASTM Standard as "electrical or hydraulic
equipment known or likely to contain PCBs to the extent visually and or physically observed or Identified from
the interview or records review. A 50-year chain-of-title will not be provided under this scope of work. It is,
however, recommended that the District independently obtain title records to confirm the absence or presence
of any environmental liens against the properties.
THE RMINING CENTERIDC&E I PROPOSAL: RECREATIONAL ANALYSI$POTENTIAL NEGATIVE DECLARATION FOR .gCFADDENIOR,LNGE PARK SITE 13
25B-17
Solis Analysis
The Planning Center]DC&E will also review the site soil for agricultural (planting) suitability and geotechnical
concerns. Samples of onsite soils will be obtained and sent to a soils testing laboratory for an analysis of pH,
texture, salinity, micro and macro nutrients. In addition, (the geotechnical consultant) will review the soils report
and NRCS data to determine general foundation and structural concerns and cost Impacts for park development.
PUBLIC DISTRIBUTION AND NOI FILING
Our cost estimate assumes one Iteration of revisions and no substantive changes to the project description.
Once the Initial Study Is approved by the City for reproduction, a Notice of Intent (NOI) to adopt the MND will be
prepared using the City's standard form, if available. After City approval of the Initial Study/MND and NOI, The
Planning CenterlDC&E will copy and distribute the NO] for the required 30-day public review to the public,
responsible agencies, and other special interest groups or individuals identified by the City, The Planning
CenterlDC&E will also prepare a newspaper notice for the City to publish in a newspaper of general circulation in
the area affected by the proposed project.
FINAL MND/RESPONSES TO COMMENTS
Although not required by CEQA, it Is The Planning CenterlDC&E's standard practice and recommendation to
respond to all environmental comments on the MND. Responses will focus on comments that address the
adequacy of the MND. Comments that do not address MND adequacy will be noted as such and no further
response will be provided, unless deemed necessary by the City. If an unexpectedly large volume of comments is
received or if certain comments result in the need for substantial response or new research or analysis, the Initial
budget may not be sufficient.
MITIGATION AND MONITORING PROGRAM
A Mitigation Monitoring Program (MMP) will be prepared (if necessary) pursuant to Section 21081.6 of the Public
Resources Code.
NOTICE OF DETERMINATION
The NOD will be prepared by The Planning CenterlDC&E. We have assumed that the City will provide the Fish
and Game fee by separate check or that the project will be exempt from this fee.
GENERAL TIME SCHEDULE AND FEES
Table 1 provides our fee proposal to prepare the Recreational Analysis and environmental documentation and
the following diagram shows our proposed schedule.
Table 1
RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW
TASK COST
LABOR COSTS ?--
Recreatfon Value,Report -
Site Visil:Xck-off Meeting $2,720
Preliminary consultation with NPS 340
Base Map 1,180
14 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE,
25B-18
Table 1
RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW
TASK COST
Site Analysis Memorandum 2,270
Program Analysis 3,040
Alternative Concepts 6,600
Draft Report 2,270
City Staff Review 170
Final Report 1,380
Subtotal - Recreation Value Report $19,970
CI_QAIN EPA.Documents
CEQA - MND/Initial Study Preparation $3,500
NEPA - EA Preparation 5,500
Aesthetics/Light and Glare 3,900
Air Quality 3,800
Biological Resources 300
Cultural Resources (technical study below) 200
Geology and Soils 3,400
Greenhouse Gas Emissions 1,900
Hazards and Hazardous Materials 1,000
Phase I ESA 3,$00
Hydrology & Water Quality 2,200
Land Use & Planning 800
Noise 4,300
Public Services 2,800
Traffic/Parking (technical study below) 900
Utilities & Service Systems 2,800
Public Notices: Preparation, Distribution of NO], NOD/Agency Mailing List 600
Response to Comments (maximum of 10 hours) 1,500
Mitigation Monitoring Program 500
Graphics 2,200
Word Processing/Editing 1,600
District Review/internal Revisions 1,500
Project Management 2,100
Progress Review Meetings 3,300
Public Meeting (1) 1,500
Subtotal -- CEQA/NEPA $55,900
KtLMBURSABLE EXPENSES (includes 8% markup)
Document Reproduction:
Screencheck MND/iS (3 copies) $180
Draft MND (30 copies) 1,800
THE PLANNING CENTER]OC&E I PROPOSAL: RECREATIONAL ANALYSIS,,POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN/ORANGE PARK SITE 15
25B-19
Table 1
RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW
TASK COST
Draft MIND Executive Summary for SCH (15 copies and 15 CDs @$30) 400
Responses to Comments (10 copies) 200
MMP (10 copies @$2/copy) 20
Screencheck EA (3 copies) 180
Draft EA (20 copies) 1,200
Phase I ESA Reimbursables 750
Postage/Deliveries 400
County of Orange Filing Fee (no charge to public agencies) -0-
Dept. of Fish and Game Fee (assumes City provides check) n.a.
Mileage /TraveVMisc. 1,200
Subtotal - Reimbursables $6,330
SUMCUNSULTANTS
Garland Associates (traffic and parking) $5,200
McKenna (Cultural Resources) 3,500
Soils Analysis 1,500
Subtotal - Subconsultants $10,200
TOTAL $92,400
UPUV11e1 ?)UV-n properly owners ma1161g 1151: 145U.
SCHEDULE
THE PLANNING CENTERIDUE
Mcfaddervorange Park • Schedule
Months 1 2 3 4 5 6 7
'*0 Guxep are'!;j, ist?A
atvtiozl4'n'?Stuir ---- _
}.1 Kr?t' ote?3
--------- - ---
I Z Cd?cet Sateeeororc Dz13Pa?k Wads ?':„
1.3 ft?re Sudf
1.4 yi?melP,?^ev ld Pnaic?s -
? I TraffieS7?df _ ? ? ? _ _
22Aes!kCalnht&C+se -- ?- ."" Qaa?
30? W616 d FA
31
3.2 -
3.3 PeAT;ns_
4.1ReNahu3ceo'hfa-t
4.3MrMx gto Otr?h Co-e i -
',SYascs?rg?i -
- --
S i P.e4v jl W
52 WefrJNNiew 0-
? -ka,?r6lks?r?
16 PLANNING IS THINKING AND DOING SOMETHING ABOUT -1 HE FUTURE NOW. LET'S COLLABORATE,
25B-20
STATEMENT OF CONCERNS OR SUGGESTIONS
Because no master plan is available for Centennial Park, we plan to work closely with City staff to determine the
likeiy uses for that area based on community needs. If the replacement site is found of lesser recreational value,
the NPS may require additional land be located for compensation. One concern is that such a finding would
require additional time and scope to find suitable land and conduct supplemental analysis.
THE PLANNING CENTERI DC&E I PROPOSAL: RECREATIONAL ANALYSIS;FOTENTIAL NEGATIVE DECLARATION FOR IMCFADDENIORANGE PARK SITE 17
25B-21
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
9
25B-22