HomeMy WebLinkAboutContracts & Agreements_21-1993_CCv0001.pdf This Agreement is made and entered into this 18th day of
May 1), 1993 , by and between Blankenship Land Company,
Inc. , a California corporation (hereinafter "Company") and the City
of Redlands, a municipal corporation (hereinafter "City") .
RECITALS
WHEREAS, Company has proposed to construct a development
project commonly referred to as the Hidden River County Club
Estates Project ("Project") ; and
WHEREAS, at the request of Company, and in accordance
with its guidelines for implementation of the California
Environmental Quality Act (110EQA11) , City has undertaken preliminary
environmental work for the Project in the form of a notice of
preparation and an initial study and has proposed to contract with
The Chambers Group, Inc. ("CGI") for the preparation of an
environmental impact report ("EIR") for the Project; and
WHEREAS, CGI has provided to Company and City a written
estimate of the costs associated with the preparation of the EIR
and Company has agreed to reimburse City for such costs; and
WHEREAS, Company and City desire by the terms and
conditions of this Agreement to set forth the procedures for
Company's full reimbursement to City of all costs City incurs in
connection with preparation of the EIR;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, and for other good and valuable consideration the
receipt of which is hereby acknowledged, Blankenship Land Company,
Inc. and the City of Redlands agree as follows:
DJM165450
AGREEMENT
Section 1. Payment of City Costs. Company shall
reimburse City for all costs incurred by City in connection with
the preparation of an EIR and associated environmental documents
for the Project. Company's initial reimbursement to City shall be
for the sum of eighty two thousand five hundred dollars ($82, 500)
for the work described in the contract between City and CGI, a copy
of which is attached hereto as Exhibit "All and incorporated herein
by this reference. In addition to such sum, Company shall pay to
City an amount equal to twenty percent (20%) of the total costs
incurred by City in connection with preparation of the EIR and
associated documents for the Project to offset City' s costs of
reviewing and administering the EIR. Payment of the initial
reimbursement and City's associated administrative costs shall be
made in accordance with the following schedule:
(a) Seventy percent (70%) upon City's execution of the
contract described in Exhibit "All with CGI; and
(b) Thirty percent (30%) upon delivery of a screen check
draft EIR to City by CGI.
Section 2. Additional Costs. In the event City and CGI
from time to time determine that additional work over and above
that described in Exhibit "All should be done for the Project, City
and CGI shall enter into written amendments to the contract
attached as Exhibit "All which fully describe such additional work
and the costs associated therewith. Company shall be responsible
for full reimbursement of city's costs associated with such work
and City' s costs in reviewing and administering the work. Company
DJM165450
ry ,
shall make payment to City for such costs at the time of City's
execution of any amendments to the contract attached as Exhibit
"A. It
Section 3 . Suspension of Work. City shall have the
unilateral right to suspend work under both this Agreement and the
agreement attached hereto as Exhibit "A"" in the event City, in its
sole discretion, determines that Company is in breach of any of the
terms or conditions hereof. In the event City suspends work
pursuant to this section, City shall promptly give written notice
to Company of such suspension and the reasons therefor.
Section 4. Termination. Company and City shall each
have the right to terminate this Agreement upon ten (10) days prior
written notice to the other. In the event this Agreement is
terminated for any reason, Company shall reimburse City for any and
all costs incurred by City, but not reimbursed by Company, as of
the termination date.
Section 5. Governing Law.Law. This Agreement shall be
governed by and construed in accordance with the laws of the State
of California.
Section 6. Attorneys' Fees. In the event any action is
commenced to enforce or interpret the terms or conditions of this
Agreement, the prevailing party shall, in addition to any costs or
other relief, be entitled to recover its reasonable attorneys"
fees.
Section 7. Indemnity. Company shall defend, indemnify
and hold harmless City, its elected officials, officers, agents and
employees from and against any and all loss or liability by any
DJM165450 _3
reason of property damage, personal injury, death or other damage
arising out of or in connection with the performance of the terms
or conditions of this Agreement.
Section 8. Limitation of Liability. Company expressly
acknowledges and agrees that City has entered into this Agreement
to prepare and process the EIR solely as a courtesy to Company.
Company further acknowledges and agrees that it has not filed any
application with City for review or approval of any land use
entitlement for the Project. The description of, and the data for,
the Project has been furnished to City by Company and City shall be
under no obligation to Company to independently review for accuracy
such description or data. In no event shall City be liable to
Company or any other person or entity for any incidental, special
or consequential damages in connection with or arising out of
City's entry into this Agreement.
DJM165450
Section 9. Entire Agreement. This Agreement represents
the entire agreement of the parties hereto as to the matters
r
referred to herein. This Agreement shall be amended only by
101
11,
written agreement executed by the parties hereto.
CITY OF REDLAN S�
By:
aygr, lands
ATTEST
By: g ,
BLANKENSH LAND C ANY,=' �NC.
By:
`Ma I. Blankenship J/
President, Board of
Directors
ATTEST
r
By:
Secretar to the bard
WM165450
AGREEMENT
This agreement is made and entered into this 13th the day of April 1993 by and
between the CHAMBERS GROUP, INC. (hereinafter referred to as "CGP') and the CITY OF
REDLANDS, (hereinafter referred to as "City").
I. PURPOSE. The purpose of this Agreement is to establish the terms and
conditions for CGI's preparation of an Environmental Impact Report ("EIR") pursuant to the
California Environmental Quality Act ("CEQA").
II. GENERAL
A. Incorporated of Documents
This Aureement incorporates the following documents which are made a part
hereof by this reference:
Scope of Work and Services (Attachment A)
► Schedule of Fees (Attachment B)
B. Conflicts in Documents
City shall dive written notice to CGI within twenty one (21) days after execution
of this Aueement of any conflicts it determines exist among or between the above referenced
documents. Failure to provide such written notification shall not result in the waiver of any
rights of City. Recommendations by City for interpretation, clarification,resolution,or correction
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of the documents shall accompany the notification of conflict and shall not be implemented
without CGI and City written approval.
III. PRICE
Compensation for the services performed by CGI under this Agreement shall not
exceed 82,500.00, unless increased by written amendment to the Scope of Work and Services,
executed by the parties hereto.
IV. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. No rights, remedies and warranties available to CGI or City under this.
Agreement or by operation of law are waived or modified unless expressly waived or modified
by CGI or City in writing.
V. SEVERABILITY
If any provision of this ,agreement is held invalid by a court of competent
:jurisdiction, such invalidity shall not affect any other provision of this agreement, and the
remaining provisions of this Agreement Shall remain in full force and effect. Therefore, the
provisions of this Agreement are and shall be deemed severable.
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VI. TERMINATION, SUSPENSION, AND CHANGES IN SCOPE OF WORK
A. Termination
In the event City terminates this Agreement for any reason prior to complete and
final delivery of all products and services specified in the Scope of Nark and Services, City shall
reimburse CGI for actual expenses incurred by CCI to that date. CGI shall stop work
immediately upon receiving written notice frorn City that services shall be terminated and the
date of receipt by CGI of the notice shall constitute the date of termination.
B. Suspension of Work
In the event City suspends work for any reason, CGI agrees to immediately
suspend work upon receipt of written notice, from the City until further written notice from City
to resume work is received by CCI. City shall reimburse CCI for actual expenses incurred by
CGI to that date. If such suspension results in unavoidable increases in costs, an equitable
adjustment to the price of this Agreement will be negotiated with City in accordance with
Subsection C of this paragraph.
C. Amendment to Scope of Work or Schedule
No amendment shall be rade to this Agreement except by written agreement
executed by CGI's Project Manager or Project Principal and an authorized representative for City.
Amendment of the Scope of Work and Services Schedule of Fees or Agreement price shall only
occur as set forth in this paragraph. In the event. City provides written notice to CCI of a
proposed amendment of the work requirement, under this Agreement, as soon as possible, but in
no event later than one week after receipt of the proposed amendment. CGI shall provide written
notice to City of the amount of any price increase or decrease dare to such change, supported by
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full and complete documentation. CGI shall also propose any adjustment in the Schedule of
Work and Services set for completion of the entire work that is directly attributable to the change
of work.
VII. ADJUSTMENTS TO COMPENSATION FOR SUSPENSION OF WORK OR
AMENDMENTS TO THE COPE OF WORK OR SCHEDULE
A. Adjustment to Compensation or Schedule
If City agrees to adjustments to compensation proposed by CGI for suspension of
work or amendments to the Scope of Work and Services or Schedule of Fees according to the
provisions of Section VI, then CGI shall proceed with the work at the, agreed price and Schedule
of Work and Services as amended. CGI does not Hereby waive the right to further pursue a
claim for a cost or schedule adjustment if such adjustment is warranted by actual work required
and documentation supporting the extent of such necessary work is performed in accordance with
all applicable requirements of this Agreement, including any amendments hereto.
VIII. SCHEDULE AND DELIVERABLE PRODUCTS AND SERVICES
A. Schedule
CGI's performance under this Agreement shall be completed in accordance with
the Scope of Work and Services described in Attachment A.
B. Deliverable Products and Services
The Scope of Work and Services, set forth in Attachment A, describe.:, the
deliverable products and services CGI shall provide, under this Agreement. Deliveries of products
shall be made on or before: the dates specified in Attachment A. If a delay in delivery is caused
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by unforeseeable events beyond the control and without the fault or negligence of CGI, CGI shall
not be liable for such delays. CGI shall notify the City in writing of any delays and the reasons
thereof. All deliverable products and services shall be in accordance with generally accepted
standards within the industry.
Ix. FORCE MA EURE
Neither City nor CGI shall be deemed to be in default in the performance of the
terms of this Agreement if either party is prevented from performing by causes beyond its
control, including, but not limited to: acts of God or the public enemy, interference, -rulings or
decisions by municipal, federal, state or other governmental agencies, boards or commission; any
laws and/or regulations of such municipal, state, federal, or other governmental bodies; any
catastrophe resulting frorn flood, fire, explosion, or other causes beyond the control of the
defaulting party. If any of the stated contingencies occur, the party delayed by force majeure
shall immediately give the other party or parties written notice of the cause of the delay.
The party delayed by force majeure shall use reasonable diligence to correct the
cause of the delay, if correctable, and if the condition that caused the delay is corrected, the party
delayed shall immediately ggive the other party or parties written notice thereof and shall resume,
operations under this Agreement. In the event of a delay or other actions of the state
instrumentalities,departments, or agencies which delay or other actions result in additional work.
costs, or expenses incurred by CGI, and equitable price adjustment may be negotiated to cover
such increased costs of work, provided that CGI can clearly demonstrate the nature and amount
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of such increases in cost. Disagreements as to adjustments to compensation or schedule will be
resolved as defined in paragraph VI.
X. INDEMNITY
A. City shall defend, indemnify and hold harmless CGI, its officers. agents and.
employees from any loss or liability by reason of property damage, personal injury or death
arising out of City's negligent acts or omissions in performing its obligations under this
Agreement.
B. CGI shall defend, indemnify and hold hanrlle.ss City, its elected officials, officers,
agents, employees and attorneys from and against any loss or liability by reason of properly
damage, personal injury or death arising out of CGI, its agents wid employees negligent acts or
omissions in performing their obligations under this Agreement.
XI. LIMITATION OF LIABILITY
In no event shall CGI be liable to City for incidenttl, special or consequential
damages in connection with or arising out of its entry into this Agreement or the furnishing of
products or services hereunder.
XII. QUALITY
All delivered products and services shall be as described irr Attachment A and are
subject to approval by City within a reasonable time after- delivery. If delivered products acid
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services are not acceptable to the City, CGI shall endeavor to correct any documented
deficiencies within a reasonable tirne after being notified of said deficiencies.
XIII. PROGRESS PAYMENTS AND INVOICIN(T
Unless otherwise agreed to in writing, payment shall be made utilizing the
following schedule of payments:
► Thirty percent (30%) on contract initiation
' Thirty percent (30%) on delivery of Scree.ncheck Draft EIR to City by CGI
► Ten percent (10%) on circulation of Draft EIR to State Clearinghouse by CGI
► Twenty percent (20%) on delivery of Screenche.ck Final ETR to City by CGI
► Ten percent (10%) on decision by City Council or three months after deliv=ery of
Screencheck Final EIR to City by CGI, whichever occurs first.
Payment is due not later than thirty (30) days from the date the invoice is received by the City.
XIV. EFFECTIVE DATE
This Agreement shall not become effective until the City and the applicant for the
Project enter into and execute a written agreement relating to the funding and processing; of the
Environmental Impact Report,
XV. ENTIRE AGREEMENT
This Agreement, to4gether with Attachments and materials referenced herein.
constitutes the entire agreement of the parties hereto as to the matters contained herein.
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CHAMBERS GROUP, INC. CITY OF REDLA.NDS
1--1
BY: G r
Thomas C. Ryan Mayas C of s
w-
TITLE: Vice President ATTEST:
...
City Clerk,
.�._
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EXHIBIT A - SCOPE OF WORK AND SERVICES
The proposed project will require approvals at the local, county. state, and federal levels. Upon
completion of the Initial Study on this project, it was determined by the City of Redlands that
an Environmental Impact Report (EIR) is to be prepared in accordance with the California
Environmental Quality Act (CEQA). This contract covers the preparation of an EIR, but does
not cover the preparation of a focused or full Environmental Impact Statement (EIS) or
Environmental Assessment (EA) per NEPA should one be determined to be necessary at some
later point in this contract period.
This contract will cover the evaluation of environmental impacts that result from the development
of the proposed Hidden River Country Club Estates Specific Plan dated December 1991, and as
described in the Initial Study released by the City of Redlands in September of 1992. Any action
or description of proposed actions by the U.S. Anny Corps of Engineers (COE) regarding the use
of this property for flood control purposes is not covered or implied by this Scope of Work, and
Services.
As the proposed project covers parcels of land that are not under the control of die applicant or
the City of Redlands, the project applicant shall be responsible for obtaining permission from
affected property owners allowing Chambers Group and its Subcontractors access to the properties
in question to allow analysis of these areas.
1. GENERAL APPROACH
Preparation of a fully adequate EIR will require the completion of several important steps from
study initiation through development of the project description and Draft EIR, to attendance at
public hearings and Final EIR preparation. All of the necessary tasks are discussed in the
following sections.
1.1 Review of Project Information
The content of the EIR will relate to several inputs. Inputs on scope will be, obtained front
responses to the Notice of Preparation/Initial Study that was distributed to responsible agencies
and other interested parties identified by the City of Redlands (City). Close coordination with
the City of Redlands will also be undertaken to assure that all environrnental issues of concern
to the City are addressed in the EIR. Consultation will also be conducted with the COE relative
to this project.
From the Initial Study prepared for this project and a review of other available documents, the
following ten resources will be evaluated in the EIR:
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► Earth Resources
► Air Quality
► Hydrology
► Biology
► Noise
► Aesthetics
► Land Use
► Transportation/Circulation
► Public Services
► Cultural Resources
Chambers Group and its subcontractors will also undertake a comprehensive review of project
information to determine whether there are additional potential environmental impacts which
should be addressed in the EIR. Such additional environmental issues may result from
information contained in the EA prepared by the COE for a portion of the project site, the
Redlands Southeast General Plan Amendment and EIR, the Redlands General Plan and
MEA/EIR, and other available technical reports. The City shall specify upon contract execution
its preference for which General Plan should be used in the evaluation of impacts; either the
existing General Plan, or the current Draft General Plan. Chambers Group will also
independently evaluate information provided by the applicant or his representative to the City.
Chambers Group will provide the City with a written description of any deficiencies in the
provided information as well as our opinions as to whether the NOP process has identified
additional environmental impacts which should be evaluated.
1.2 Preparation of Special Studies
Chambers Group and its subcontractors will prepare the following special studies in support of
the EIR: biological resources, cultural resources (including paleontology), traffic and circulation
study, air quality and noise studies, and geotechnical evaluation. These studies will be completed
as part of the assessment of baseline conditions for the Draft EIR. The scope of these studies
are discussed under the appropriate resource technical approach included in Section 2.
1.3 Preparation of the Screencheck Draft EIR
1.3.1 Development of the Project Description
We will develop the project description based on the applicant's Specific Plan documentation,
design specifications for the proposed sediment basins, and other information provided to the City
by the applicant as part of the Specific Plan review process. The project description will
summarize and illustrate, the various elements of the proposed project including residential
character, commercial uses, use of open space, recreational facilities, circulation characteristics.
utility and drainage design, as well as phasing of the project. We will also summarize the
proposed development standards, landscaping plan, grading plan, and other relevant elements of
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the proposed project. This project description will be a summary of the Hidden River Country
Club Estates Specific Plan document. It is assumed that the Specific Plan will be available for
review or purchase at the City if detailed information is needed, and that the Specific Plan will
not be circulated as part of the EIR.
Chambers Group will work with City staff in developing a list of projects in the Redlands area
to be used for development of the cumulative impact analysis. This list will include existing,
proposed, approved and reasonably foreseeable projects for the region impacted by the project
and will incorporate General Plan projections.
1.3.2 Description of Existing Conditions
The existing environment will be characterized from the existing literature base as well as from
field studies. We intend to conduct studies for the following resource areas: cultural resources
and paleontology, biology, traffic and circulation, air quality, and noise. Chambers Group Will
also independently evaluate the existing data base provided by studies and reports which have
been prepared by the applicant's consultants. Regional information will generally be compiled
from the available databases including the City of Redlands' General Plan and its elements, and
SCAG reports. We will coordinate closely with the City staff during preparation of the baseline
studies.
Any action or description of proposed actions by the U.S. Army Corps of Engineers (COE)
regarding the use of this property for flood control purposes is not covered or implied by this
Scope of Work and Services.
1.3.3 Environmental Impact Analysis
Through our experience in preparing comprehensive EIRs for residential and mixed-use specific
plan projects, Chambers Group has developed a formalized process of impact analysis. A key
element in the impact analysis will be the identification of those adverse se impacts that are
considered significant. We will develop a set of impact significance thresholds for each resource
area identified (see Section 1.11). These criteria will be quantitative wherever possible, and will
include an explanation of how each measure was derived. These measures will also be written
so that they can be understood by the general public. Adverse impacts that meet and/or exceed
these thresholds will be considered significant. Additionally, all impacts will be characterized
as relating to project construction or operations and Will be quantified in terms of short-tenn and
long-term impacts.
1.3.4 Mitigation Measures
Mitigation measures will be identified for all significant adverse impacts. The effectiveness of
these mitigation measures will be determined by measuring the residual impact after application
of the mitigation measures against the same criteria used for determining impact significance.
In this manner, we can determine whether significant impacts have been reduced to insignificant
levels.
1.,3.5 Cumulative Impacts
The overall cumulative impacts will be identified for all resource discipline issues identified in
Section 1.1 and discussed in detail in Section 2. Significance will be determined using the same
criteria as defined for the proposed project impacts and mitigation measures.` The contribution
of the proposed project to the overall cumulative impact will also be estimated and discussed:.
The cumulative project baseline will be developed early in the study (see Section 1.3.1).
1.3.6 Analysis (if Alternatives
A full range of alternativeswill be considered, and will be reviewed and agreed to by the City:
As required by the City of Redlands, Local Guidelines for the Impl mentat on of CEQA, "the
discussion of alternatives shall focus on alternatives capable of eliminating any significant
adverse environmental effects or reducing there to a level of insignificance..."
We will address the no project alternative ,as required by CEQA, and will consider other
alternatives that address and reduce the significance of all impact identified in the EIR. 'T'hese
alternatives may include alternative'densities, alternative land uses; or variations in the specific
plan such as landscaping, land usage, limiting building heights, minimum lot size and considering
ether uses of the area.
1.3.7 Other CEQA Sections
Chambers Group will provide all other required sections as outlined in the CEQA Guidelines for
the EIR document. A key element will be the discussion of the growth inducement that may
result from the proposed project.
1..3.5 Compilation of the Scr encheck Draft EIR
The sections described above will be compiled into a complete EIR document in the, format
preferred by the City of Redlands, This contract does not cover the preparation of a full or
focused EIS or EA. If a NEPA document is required, a aendnient to this contract will be
necessary. Tern (10) copies of the Screenc heck Draft EIS will be submitted to the City o
Redlands for review by the Cite,
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1.4 Preparation of the Draft EIR
The City staff's comments on the Screencheck FIR will be reviewed and discussed with City
staff as appropriate. Pertinent changes to the EIR will be tirade and orte (1) camera ready copy
of the EIR document, and Technical Appendices, will be submitted to the City for printing and
distribution. If desired, Chambers Group, Inc. will also prepare a Notice of Completion for City
signature which will be submitted with FIR copies. Printing and distribution of the Draft FIR
are not included in this contract.
1.5 Public Hearings and Meetings
A representative of Chambers Group will attend eight (8) public hearings before the
Environmental Review Committee, eight(8)public hearings before the Planning Commission and
four (4) public hearings before the City Council relative to the proposed project. The City of
Redlands has determined that no scoping hearing will be needed.
1.6 Preparation of the Final EIR
Chambers Group will prepare responses to all written and oral comments to the Draft EIR and
modify the Draft EIR where required. A screencheck Final EIR will be prepared. The
Screencheck Final and Final FIR will be prepared as a addendum docurnent, and direct changes
to the Draft EIR document and recirculation of the Draft EIR with the Final documents is not
included in this contract.
The City will be provided with ten (10) copies of the Screencheck Final EIR for review. Upon
revision of the screencheck, if required, one (1) camera ready copy of the Final EIR will be
submitted to the City for printing and distribution. Printing and distribution of the Final FIR are
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not included in this contract.
1.7 Preparation of Supporting Documentation
Chambers Group will prepare draft findings of significant impact for use in supporting any
required statements of overriding consideration by the City.
1.8 Mitigation Monitoring Plan
As mandated by state law, mitigation monitoring and enforcement will be required. Chambers
Group will provide one (1) carnera ready copy of a mitigation monitoring plan at the time of
submittal of the Final FIR which will include all potential mitigation measures. Chambers Group
has prepared a number of monitoring plans for various agencies and will work with staff to
prepare the monitoring plan in the format preferred by staff.
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2. TECHNICAL APPROACH TO ENVIRONMENTAL ISSUES
The following information provides the detailed technical scope and approach to the analysis of
identified environmental issues (Section 1.1). The analysis of the issue areas requiring special
study will be prepared in the form of a technical paper or report, allowing individual review by
City staff. These will be presented as appendices in the Draft EIR. Technical discussion will
then be incorporated into the format of the EIR as provided above.
2.1 Earth Resources
2.1.1 Issues
The main portion of the project site is located along the San Tirnoteo Creek bed on an alluvial
plain, with the project site sloping steeply (>30%) upward along the north side. Geotechnical
issues on the site include high erosion potentials, unstable soils (Saugus soils), possible high
water table, and impacts associated with seismic events.
2.1.2 Analysis
Existing conditions in the regional project area and characteristics of
J Z7� geology, seismicity and soils
will be presented based on existing literature and the geotechnical study to be prepared by Zeiser
Geotechnical, a subcontractor to Chambers Group.
The purpose of the geotechnical study prepared by Zeiser Geotechnical is to compile literature
information and surface mapping data on the site, estimate workability and stability of the soil
and rock units, identify site constraints and opportunities with respect to the proposed
development concept, and discuss the impact of each on the proposed land use change with
mitigation measures, if applicable, in accordance with CEQA and the State Department of
Conservation, Division of Mines and Geology (CDMG) Note 46 guidelines. The findings and
recommendations prepared by Zeiser would also identify areas or conditions in need of further
investigation during future phases of planning.
The scope of the services provided by Zeiser Geotechnical are as follows:
► preliminary geotechnical evaluation and review of any available geotechnical reports.
publications or professional literature pertinent to the project site-,
► Analysis of time-sequential stereoscopic aerial photograph pairs;
Generalized geologic map verification of surface features documented in the available
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literature and in the aerial photographs. It is assumed that the applicant will provide
Chambers Group with appropriate scale topographic maps of the site and surrounding
environs.
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► EIR-level limited subsurface exploration, logging, and sampling, and estimation of current
natural groundwater levels, utilizing a hollow stem drill rig to drill a maximum of four
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exploritory soil borings to a maximum depth of 50 feet;
► EIR-level limited subsurface exploration, logging, and sampling of a maximum of 12
trenches at depths up to 15 feet, utilizing a John Deere 310-C rubber tire backhoe adapted
to sample using the ASTM method of a 140-pound harnn-ier dropping 30" to obtain ring
samples as well as the standard penetration method;
► Perform limited laboratory testing including maximum density, natural density and
moisture, consulidation, and g=rain size analysis,
► Compilation of estimated areal and regional seismicity potential, including locations and
distances to potentially active or active faults, strong ground motion criteria for the site,
and potential for the occurrence of secondary seismic phenomena-,
► Geologic and engineering analysis/review of the compiled field, publication and literature
data with respect to the propose land use change-, and,
► Preparation of a Geotechnical Study Report for use in EIR preparation. The report will
contain summary descriptions of geotechnical conditions and features as well as the
findings, constraints, and appropriate mitigation measures. The compiled geotechnical
conditions would be illustrated on a topographic boundary map of the site.
Grading for structure pads and infrastructure will alter existing landforms on the site. Slope and
soil studies will be prepared for the project. Impacts resulting in possible erosion control
problems and other issues will be presented. The project also will be analyzed for seismicity,
slope stability, liquefaction, and landslides due to its close proximity to the San Andreas fault and
regionally significant active and potentially active faults in the area. Impacts related to these
issues will be presented and discussed.
The Specific Plan will be analyzed for its infrastructure placement in relationship to active and
potentially active faults, identified landslides and slope stability. Mitigation measures will be
identified which may include the realignment of infrastructure to reduce the possibility of rupture
or failure during seismic events.
Cumulative geologic and soils issues will be presented.
2.2 Air Quality
2.2.1 Issues
The proposed project will generate mobile and some stationary exhaust emissions as well as dust
emissions associated with construction activities. The quantity of emissions from the land use
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plan will be significantly greater than the levels of emissions currently generated. The proposed
project, in conjunction with other projects in the area could have cumulative air quality impacts.
2.2.2 Analysis
Existing air quality for the area will be characterized using available data from the closest air
quality monitoring station. We will also characterize the meteorological conditions on the site
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with special emphasis on wind patterns.
Construction activities have the potential to create substantial dust-related impacts because of the
potential for high winds in the area. This potential will be estimated and the significance
evaluated.
Mobile source emissions will be calculated based on the anticipated vehicular traffic generated
by the proposed project. Emissions will be estimated using the URBEMIS 2 computer model
as updated with the most recent EMFAC 7 California composite auto emissions sub-model.
Project emissions levels will be related to regional emissions levels associated with the project
area as depicted in the Air Quality Management Plan. Technique for estimation of emissions will
also follow approved SCAQMD directives and will incorporate consideration of emission
significance thresholds.
Mitigation measures for construction-related impacts will center around dust control measures
such as limiting the extent of grading and use of dust control chemicals. Mitigation measures
for project-generated mobile emissions will be addressed in terms of transportation strategies and
other standard techniques.
The cumulative air quality impacts associated with the proposed project and cumulative projects
will be evaluated. The significance of the cumulative effect on the air quality will be based on
consistency with regional transportation objectives and the Air Quality Management Plan.
2.3 Hydrology and Water Quality/Supply
tly
2.3.1 Issues
Implementation of the proposed regional surface reg
project will have major impacts on local and
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and subsurface hydrology, both positive and negative, For surface flows, issues include water
quality, quantity of surface flows, concentration of flows, and regional flood control. For
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subsurface hydrology, issues include impacts on water quality, change in percolation rates,
interruption of flows, and overall impacts on well water.
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2.3.2 Analysis
The applicant's specific plan consultant has prepared a surface hydrological study for the project.
The applicant's surface hydrological study will be independently evaluated by Chambers Group
in order to assure that hydrological impacts are, fully disclosed in the EIR. It is assumed that the
applicant's consultant will provide Chambers Group with two copies of the project's surface
hydrological report. This report will cover quantity, velocity and direction of surface flows,
analysis of regional flood control, and design of flood control facilities.
Chambers Group will analyze existing hydrological conditions on the site and downstrearn of the
site including delineation of floodplains and existing flood control structures. We will evaluate
the hydrological impact associated with the proposed project from the perspective of flooding
impacts to future- struettires of the Specific Plan site, on-site and regional drainage facilities that
will be required, and the analysis of increased runoff on downstream flooding potential. To the
extent that these impacts are adequately covered in the existing hydrology study, we will
incorporate or provide analysis to address the issue.
Chambers Group and its subconsultant. Zeiser Geotechnical, will prepare a subsurface hydrology
report for use in the ETR evaluation. This study will analyze and document the impacts of the
project on subsurface water quantity and quality. This report will document existing wells in the
area and the potential for the project to adversely impact these wells. The study will also
quantify the project's impacts on percolation, and determine the net gain or loss attributable to
the project. Impacts on groundwater from urban contamination (i.e. roadway runoff, etc.) will
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not be qualitatively evaluated and reported. Evaluation and characterization of subsurface
hydrology will be based on existing data for the area. No testing, drilling or other field
quantification is proposed.
Mitigation measures in the form of new drainage systems, retention basins, sedimentation basins.
and/or alternative drainage features will be described. General measures for improvement of the
quality of urban runoff will be presented. The overall cumulative Impact to drainage, flood
plains and water quality and quantity will be addressed as well.
2.4 Biological Resources
2.4.I Issues
The proposed project will result in the loss of native vegetation and wildlife Including elimination
of potential riparian habitat areas and coastal sage scrub habitats, and potential disruption of
major wildlife corridors. Sensitive plant and animal species as well as endangered/threatened
plant and animal species could be affected, by project development.
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2.4.2 Analysis
Reconnaissance level Surveys of the site will be conducted to document existing conditions.
Existing information from other sources will be used to verify the existing vegetation and habitat
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mapping. A full species list of plants and animals potentially supported by habitats on-site will
be prepared. A narrative describing the biological resources will also be prepared.
We will identify the potential for sensitive/listed species and sensitive habitats for plant and
animal species including bird species. Because of the timing of the EIR, we may be unable to
verify the existence of certain species that have potential habitat on-site. The biological impact
of the proposed project will be analyzed based on the amount and type of habitat lost. We will
also address the impact or potential impact to endangered, threatened or sensitive species at the
site. Wildlife- corridors will be identified and potential impacts of the proposed project on
wildlife corridors will be identified and mitigated if necessary. The proposed fuel modification
plan (plant species proposed to be use.) will be evaluated for its impacts on plant and animal
species. Mitigation measures will be identified for all significant impacts.
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The project's impacts related to an increase in ambient noise levels and light and glare will be
evaluated for its effects on wildlife.
The proposed project site is very near in proximity to known habitat for the Stephen's kangaroo
rat (SKR). If potential habitat for this species and other signs point to the potential for this
animal to exist on-site, a detailed survey by a qualified biologist may be necessary. The cost of
this survey is not included in this contract, and an amendment would be necessary to cover thhe
cost of this type of analysis.
The overall cumulative effect of the loss of biological resources in the greater area will be
addressed.
2.5 Noise
2.5.1 Issues
The proposed project will generate construction and traffic related noise as well as noise
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associated with proposed land uses. These impacts may have an adverse impact on existing land
uses. In addition. the project site lies near a Southern Pacific rail line, and potential noise
impacts on the proposed land uses will also be evaluated.
2.5.2 Analvsis
Noise sources and sensitive receptors for the study area will be identified through field survey,
Noise measurements will be obtained at the existing site as well as from a completed
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development similar to that proposed. Emphasis will be placed on the identification of noise
levels from vehicular traffic and planned land uses.
Noise related impacts from project construction will be identified using accepted noise criteria
applicable to construction equipment. The emphasis will be on identifying any sensitive receptors
affected by such noise. Additionally, we will analyze the potential noise impacts associated with
vehicular travel on arterial roadways in and near the site. Such noise levels will be modelled
using the F.H.W.A Traffic Noise Prediction Model in conjunction with the latest California
Vehicle Noise curves(CALVENO-85). Noise contours for future traffic levels will be developed.
Project noise impacts will be related to the County of San Bernardino land use compatibility
guidelines and appropriate mitigation measures will be developed.
Though construction noise is non-nally subject to the nuisance provisions of a noise ordinance,
it may be necessary to consider limiting construction hours of operation if sensitive uses are
affected. Potential mitigation for project-generated traffic includes the construction of noise
barriers, use of building setbacks, and selecting alternative roadway alignments or alternative
roadway designs.
The existing noise from the Southern Pacific rail line adjacent to the project site will also be
modeled to 1.determine if excessive noise may impact the proposed residential uses.
The cumulative noise impacts in the area including vehicular noise, aircraft noise, and other noise
sources will be assessed.
2.6 Aesthetics/Light and Glare
2.6.1 Issues
The proposed project could create an adverse visual impact associated with grading or provision
of structures on land which is now essentially open. The proposed project will also introduce
light and glare into an area that currently does not experience Such an impact. Light and glare
impacts will also be discussed in the Biological Resources section of the EIR in relation to its
impacts on wildlife and wildlife corridors in the Specific Plan area.
2.6.2 Analysis
The general existing visual characteristics of the project site and surroundings will be presented
in narrative and graphic forni (photographs and computer model). Impacts will be discussed in
narrative and graphic forn-i, Care will be taken to identify sensitive viewpoints of the project site
which are existing and which will be affected by project development.
Since modification of landforn-is will be necessary as a part of site gradingsignificant artificial
slopes may be visible from surrounding areas. Aesthetic Impacts resulting from construction and
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development of the Specific Plan area will be assessed with emphasis on any impacts to primary
viewpoints and adjacent land uses. The issue of the loss of open space will also be addressed.
The Specific Plan design guidelines will be evaluated for their ability to mitigate such impacts.
Additional measures to mitigate aesthetic impacts, such as visual buffers or screening will be
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proposed as appropriate. Measures to reduce impacts from light and glare may include the
requirement of lower height light standards and shielding of outdoor lighting.
The cumulative effects of this and other proposed and reasonably foreseeable projects in the area
will be addressed.
2.7 Land Use (Including Open Space, Recreation)
2.7.1 Issues
The project will be evaluated for consistency with the City's General Plan (the City shall specify
upon contract execution its preferrence for which General Plan should be used in the evaluation
of impacts, either the existing General Plan, or the current Draft General Plan) on a goals and
policies level. Compatibility with surrounding uses. including other open space, will also be
evaluated. These environmental issues will be discussed in the EIR and mitigated as necessary.
2.7.2 Analysis
The existing on-site and surrounding land uses as well as zoning and General Plan designations
will be thoroughly described and delineated. General Plan goals and policies that pertain to the
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site will be presented (including open space and recreation uses).
We will identify the impact of conversion of open space areas into higher intensity residential
and commercial uses both on-site and on adjacent parcels. Potential conflicts between adjacent
uses will also be addressed.
Mitigation measures will be presented for identified impacts. It would be most desirable for such
mitigation to be incorporated into the Specific Plan, but this may not be possible in all instances.
Infrastructure mitigations will be presented in the utilities/public services section, but may be
related to mitigations for impacts resulting from land use density increases. An overlapping
discussion will be presented in the land use section.
The cumulative land use impacts will be analyzed with emphasis upon the potential for future,
additional growth in the area.
2.8 Transportation/Circulation
2.8.1 Issues
The proposed development will create traffic conditions which may result in significant impacts
from increased traffic generation. These impacts could be associated with both on-site and
existing off-site circulation systems.
2.8.2 Analysis
For purposes of assessing transportation/circulation impacts associated with the proposed project,
the Chambers Group and it traffic subcontractor, Robert Kahn, John Kain and Associates, will
work with the City's Traffic Engineer in modeling traffic impacts. In reviewing the project with
the City Engineers office, the following six intersections plus the two project access points will
be evaluated. The six intersections proposed to be analyzed are as follows:
► Alessandro Road at San Tirnoteo Canyon Road
► Alessandro Road at West Sunset Drive
► Barton Road at San Timoteo Canyon Road
► Fern Avenue at San Tirnoteo Canyon Road
► Fern Avenue at Terracina Boulevard
Robert Kahn, John Kaln and Associates will prepare a traffic study pursuant to the City and CMP
guidelines for traffic impact analysis (TIA) reports, The analysis of traffic and level of service
will be provided for the following conditions and will include an assessment for traffic mitigation
requirements.
► Existing Conditions - Recent traffic counts will be complied from available traffic studies.
An inventory of existing transportation conditions, including traffic volumes and level of
service of key intersections indicated above will be provided for AM/PM peak hour.
Determination of existing levels of service (LOS) will be based upon the Highway
Capacity Manual (HCM'). The relationship to the general plan will be identified,
including plans for ultimate number of lanes, new roadways planned for the future, and
other information that provides a context for how the proposed project interrelates with
the future planned transportation system. Existing deficiencies will be identified.
► Project Generated Trips - The project's trip generation, trip distribution and traffic
assignment to the adjoining highway system will be identified. LOS at the eight
intersections identified above will be determined for existing plus project traffic using the
HCM methodology. A growth-factoring process based on historical trends will be utilized
to account for areawide growth. Accepted growth rates provided by the City for
intersections and segments will be used.
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► Future Conditions - Future conditions will undergo analysis for the "with-project"
condition using cumulative projects to be included with the project. Trip generation, trip
distribution and traffic assignment for cumulative projects will be identified.
Levels of Service - A comparison of traffic volumes with or without the project at up to
eight intersections will be provided for peak hours or hours analysis
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being studied. This
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will be based on the procedures identified in the 1985 Highway Capacity Manual and
subsequent modifications.
► Project Contribution To Total New Volumes - The ratio of traffic generated by the
proposed development to the total new traffic generated between the existing condition
and the forecast year for each analyzed link or intersection will be computed. The
purpose of this calculation is to identify the proportion of volume increase that can be
attributed to the proposed project over the 2010 horizon year.
Mitigation - Mitigation of project impacts will be identified. If a level of service problem
cannot be mitigated due to physical or other environmental constraints, funds may be
allocated to improvements on parallel facilities or to transit, TDM or other system-wide
improvements in accordance with the approved list developed by the air districts (Section
65089.3 California Government Code).
The traffic impact analysis in the EIR will incorporate the traffic study and will consider changes
in trip generation, traffic circulation, AM and PM traffic count data, ingress and egress aspects,
and other aspects such as signalization and parking needs. The assessment will identify AM and
PM peak hour traffic volumes with all issues related to traffic congestion and level of service
addressed.
Consideration will also be given to off-site and on-site circulation. The assessment will also
consider the requirements for construction of off-site roadways. The consistency of the project
with the City's Circulation Element and the approved Sunset Hills Specific Plan will be
addressed. The roadway system within the project site will be checked for adequacy of free flow
of people and vehicles.
Measures to mitigate any additional significant adverse impacts will be identified. These
measures may include traffic control improvements, signalization, adjustments to land use
configuration as well as other standard traffic engineering solutions. Recommendations for off-
site improvements, including phasing will be made. Measures to improve consistency with the
City Circulation Element, particularly relating to Congestion Management- will be incorporated
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as appropriate.
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2.9 Public Services and Utilities
2.9.1 Issues
Impacts on public services and utilities, i.e., water and sewer facilities, solid waste facilities,
schools, police, fire protection, libraries, parks and recreation, energy resources (electricity and
natural gas) and communications will result from project development. Of particular concern is
the impact to schools, emergency response time and availability of the police and fire equipment
and personnel, and the water and wastewater system. Environmental impacts due to the
construction of off-site trunk service lines will not be evaluated in this EIR since locations and
amounts of disturbance will not be known until plans for these improvements are prepared.
Separate environmental evaluations may be needed for these off-site facilities. Issues that have
to do with storm water drainage and flooding and water quantity and quality will be addressed
in other sections.
2.9.2 Analysis
We will describe the levels of service provided by public service agencies and utility companies
applicable to the project site. The public services to be analyzed include police and fire
protection, schools, libraries, and parks and recreation. The public utilities to be analyzed include
water, wastewater, electricity, natural gas, communication systems and solid waste.
This analysis will measure current capacities and projected capacities without the project against
the requirements that would result with the project. The public services and utilities analysis will
include the broad issues of supply and include estimates of the extent of any required new
facilities. The impacts on the regional ability to provide such services/utilities will be discussed
and a preliminary analyses of fiscal responsibility for any improvements will be made.
A full range of mitigation measures will be identified to mitigate those significant public service
impacts including the provision of easements, infrastructure,, water conservation and reuse, and
mitigation fees for construction/installation of additional schools and other services.
We will identify the cumulative public service impacts based on projected cumulative projects
within the overall service area of each public service or utility. We will also examine the
cumulative effects of y energuse from all developments in the region.
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2.10 Archaeological/Paleontological/Historic Resources
2.10.1 Issues
Implementation of the project could result in significant impacts to prehistoric, historic, and
paleontological resources. Other surveys in the area, and historic plat maps point to the possible
location of resources on-site.
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2.10.2 Analysis
Chambers Group staff will conduct a records search for both prehistoric and historic sites with
the San Bernardino County Museum, and will review available literature on the area. Personal
contacts may also be necessary with local historians to complete the record of the area.
Upon completion of this step, Chambers Group staff will conduct a reconnaissance survey of the
project site to determine the potential for historic and prehistoric resources. Any resources or
signs will be documented and evaluated for significance.
For paleontological resources, we will utilize the John Cooper, PhD, for an archival records and
literature review, as well as an on-site survey with emphasis placed upon the paleontological
significance of the area. We will take this information and will identify any known
paleontological sites as well as address the potential for the occurrence of formations containing
paleontological resources.
All cultural. historical and paleontological analyses will be integrated into the EIR. Mitigation
measures including avoidance or recommendations for further site excavation, if appropriate, will
be identified to protect any resources affected by implementation of the proposed project.
This contract does not cover any Subsurface testing or recovery of resources. If sign of cultural
resources are found, and subsurface testing or recovery of resources is determined to be needed
in order to fully describe impacts or determine impact significance related to the proposed
project, an amendment to the Scope of Work and Services per Section VI.C. of this contract will
be necessary.
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3. SCHEDULE FOR HIDDEN RIVER COUNTRY CLUB ESTATES EIR
Time from Previous Steps
Step
Deterrnined by City Approve contract for FIR
Determined by City Initiate work on Screencheck Draft FIR
10 weeks Submit Screencheck Draft EIR to City
3 weeks City review of Screencheck Draft FIR
3 weeks Circulate Draft EIR
7 weeks Public review of Draft FIR
3 weeks Submit Screencheck Final EIR to City
3 weeks ERC Public Hearing, on Draft FIR
4 weeks Planning Commission hearing on Draft FIR
3 weeks City review of Screencheck Final FIR
2 weeks Submit Final FIR to City
Determined by City ERC recorni-nendation on Final EIR
Determined by City City Council action on Final FIR
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