1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
HAWTHORNE AND DE NOVO PLANNING GROUP
This PROFESSIONAL SERVICES AGREEMENT (“AGREEMENT”) is made and entered into this ____ day of _____________, 2024, by and between the City of Hawthorne, a California municipal corporation and general law city (“CITY”) and De Novo Planning Group, a California Corporation (“CONSULTANT”). This agreement is made with reference to the following:
RECITALS
A. CITY requested a proposal for professional services with respect to providing consulting services related to California Environmental Quality Act (CEQA) documentation and supporting studies.
B. CONSULTANT submitted a proposal for the performance of such services, a true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof.
C. CITY desires for CONSULTANT to provide professional services as described in Exhibit “A”.
D. CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CONSULTANT shall at all times faithfully, competently, and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
NOW, THEREFORE, in consideration of the foregoing Recitals, the agreement of the parties as set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. DEFINITIONS
The following definitions shall apply to the following terms, except where the context of this AGREEMENT otherwise requires:
(a) Project: Provide consultation and CEQA documents and studies related to the 4436 W Imperial Highway Grevillea/Imperial Hotel Project.
(b) Services: CONSULTANT shall provide professional services for the project as described in Exhibit "A" attached herein
2 (c) Duration: Said AGREEMENT shall be effective from the date of execution of this AGREEMENT until acceptance and approval of all final documents and studies. (d) Completion of Project: CONSULTANT shall complete all tasks as noted in Exhibit "A" for a period as noted in the agreement with a period not to exceed 12 months. (e) Consultant: De Novo Planning Group – 108 E Main st., Ste. 108; Tustin, CA 92780 (f) City: 4455 w 126th st., Hawthorne, CA 90250
(g) Applicant: ZS Development Corp.; P.O. Box 2062 Hawthorne, CA 90250
2. SCOPE OF SERVICES
(a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and City statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY.
3. COMPENSATION, METHOD OF PAYMENT, AND ADDITIONAL SERVICES (a) CITY shall pay CONSULTANT no more than the total project cost of $45,875.00 as set forth in the proposal, Exhibit "A."
(b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, and such invoices shall be paid within thirty (30) days after said invoices are received by CITY. Each invoice shall detail work performed and charges.
All charges shall be in accordance with CONSULTANT's proposal with respect to hourly rates and project costs as set forth in Exhibit "A".
(c) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT. (d) CONSULTANT shall not commence work on this Project until CITY confirms it has received sufficient funds from the Applicant to cover the total project cost listed in 3(a). 3 4. CITY ASSISTANCE AND AVAILABILITY OF CITY RECORDS
(a) The CITY shall provide the following assistance to CONSULTANT as needed so CONSULTANT can perform the services described above:
(i.) Information and assistance as set forth in Exhibit "A". (ii.) Photographically reproducible copies of forms, documents, codes and other information, if available, which CONSULTANT considers necessary in order to complete the project.
(iii.) Such information as is generally available from CITY files applicable to the project.
(iv.) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information.
5. CONSULTANT’S BOOK OF RECORDS
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's performance of services pursuant to this AGREEMENT.
CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the date of execution of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying at any time during regular business hours, upon written request by the CITY or CITY's designated representative. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon. Such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT.
(c) Where CITY or CONSULTANT has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, the CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to all parties to this AGREEMENT, as well as to their successors-ininterest and authorized representatives. 4 6. TERMINATION OF AGREEMENT
This AGREEMENT may be terminated without cause by CITY upon the giving of a written "Notice of Termination" to CONSULTANT upon thirty (30) days prior written notice or the CONSULTANT may terminate this contract upon thirty (30) days prior written notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A", on a pro-rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination.
CONSULTANT may not terminate this Agreement except for cause.
7. NOTICES AND DESIGNATED REPRESENTATIVES
(a) Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this AGREEMENT:
To CITY
4455 West 126th Street,
Hawthorne, CA 90250
Attn: Director of Planning
To CONSULTANT
108 E Main st., Ste. 108
Tustin, CA 92780
(b) Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above.
8. CONTINUITY OF PERSONNEL
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's staff assigned to perform the services required under this AGREEMENT, CONSULTANT shall notify CITY of any changes in CONSULTANT's staff assigned to perform the services required under this AGREEMENT, prior to any such performance. CITY shall not be responsible for time and costs associated with CONSULTANT's turnover or reassignment of staff.
9. STATUS OF CONSULTANT
(a) The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY.
5 CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY, whether by contract or otherwise. Unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY.
(b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, employees or agents are in any manner officials, officers, employees or agents of CITY. (c) The CONSULTANT or any of CONSULTANT's officers, employees or agents, shall not obtain any rights to retirement, health care or any other benefits that may otherwise accrue to CITY employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
10. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of applicable State and Federal laws and regulations, which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations pursuant to sound professional practices including, but not limited to, possessing and maintaining all necessary licensing. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by negligent failure of the CONSULTANT to comply with this Section.
11. NON-DISCRIMINATION
CONSULTANT shall not discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), sexual orientation, marital status, and denial of family care leave. CONSULTANT shall ensure that the evaluation and treatment of their employees and applicants for employment are free from discrimination and harassment. CONSULTANT shall comply with the provisions of the California Fair Employment and Housing Act (Government Code, Section 12900 et seq.), and the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285 et seq.). If applicable, CONSULTANT shall give written notice of their obligation under this clause to labor organizations with which they have a collective bargaining AGREEMENT or other AGREEMENT.
6 12. INDEMNIFICATION
To the fullest extent provided by law, CONSULTANT shall indemnify, hold harmless, and defend CITY, its officers, employees, elected and appointed officials, and volunteers from and against any and all claims and losses, costs or expenses for any damage resulting in death or injury to any person and/or injury or damage to any property resulting from any negligent act or omission of CONSULTANT or any of its officers, employees, agents, or subcontractors in the performance of this AGREEMENT. Such cost and expense shall include reasonable attorney fees.
13. CONFLICT OF INTEREST
(a) No CITY employee whose position with CITY enables such employee to influence the award of this AGREEMENT or any competing AGREEMENT, and no spouse or economic dependent of such employee, shall be employed in any capacity by the CONSULTANT or have any other direct or indirect financial interest in this AGREEMENT. No officer or employee of this CONSULTANT who may financially benefit from the performance of work hereunder shall in any way participate in the CITY’s approval, or ongoing evaluation of such work, or in any way attempt to unlawfully influence CITY’s approval or ongoing evaluation of such work. (b) The CONSULTANT shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this AGREEMENT. The CONSULTANT warrants that it is not now aware of any facts that create a conflict of interest. If the CONSULTANT hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the CITY. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this section shall be a material breach of this contract.
14. CONFIDENTIAL INFORMATION
All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the CITY, except as may be required by law.
15. INSURANCE
(a) During the course of the term of this AGREEMENT, CONSULTANT shall maintain Professional Liability Insurance in a combined single limit of not less than $2 million per claim and aggregate. CONSULTANT shall also maintain General Liability Insurance in a combined single limit of not less than $2 million per claim and aggregate. (b) CONSULTANT shall provide a certificate naming CITY as additional insured.
CONSULTANT shall procure and maintain, for the duration of the AGREEMENT, insurance against claims for injuries to persons or damages to property, which may arise from or in 7 connection with the performance or the work hereunder, and the results of that work by the CONSULTANT, his agents, representatives, employees or subcontractors.
16. AUTHORITY TO EXECUTE
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
17. MODIFICATION OF AGREEMENT
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the CITY. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
18. WAIVER
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
19. LAW TO GOVERN; VENUE
This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
20. ATTORNEY’S FEES, COSTS, AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
21. ENTIRE AGREEMENT
This AGREEMENT, including the attached Exhibit "A", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT. No statements, representations or other agreements, whether oral or written, made by any party that are not
9 EXHIBIT A
Preparation of Environmental Compliance
Documentation for the Grevillea/Imperial
Hotel Project
D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m
D E N O V O P L A N N I N G G R O U P
1 0 8 E a s t M a in S t r e e t, S u it e 1 0 8 , T u s t in , C A 9 2 7 8 0 s b a r k e r@ d e n o v o p la n n in g . c o m | ( 9 4 9 ) 3 9 6 - 8193 April 8, 2024
Maria Majcherek, Senior Planner
City of Hawthorne
4455 W. 125th Street
Hawthorne, CA 90250
SUBJECT: Preparation of Environmental Compliance Documentation for the Grevillea/Imperial Hotel Project
Dear Ms. Majcherek:
Thank you for the opportunity to provide this scope of work to the City of Hawthorne to prepare CEQA compliance documentation to support the Grevillea/Imperial Hotel Project. Based on our review of the project materials, experience with similar hotel and infill development projects, and experience preparing CEQA compliance documents, we are confident that we can prepare a cost-effective, legally-defensible environmental review document for the project.
Our Team, led by Principal Planner Starla Barker, AICP, is comprised of professionals with expertise in preparing technical studies and environmental analysis for CEQA compliance projects. Our team is well experienced with managing and preparing environmental compliance documents for a range of development projects including industrial, hotel, office, mixed use, residential, alternative energy, hospitals, schools, and parks, as well as policy programs including General Plans, Zoning Ordinances, and Specific Plans. Located in the Tustin office, Starla will serve as the Project Manager and be the primary day-to-day contact. Starla has an extensive history of providing CEQA compliance throughout southern California, including within the South Bay region.
This letter includes a summary of our understanding of the proposed Project, a brief work program description, and our proposed budget. Please do not hesitate to contact me if you have any questions or need additional information.
Project Understanding and Approach
The Project site (4756 Imperial Highway) is partially developed with an auto-related use and partially vacant. The site is designated Downtown Hawthorne Specific Plan (DHSP) by the City of Hawthorne General Plan and is zoned CR-MU (Regional Commercial/Mixed-Use). The applicant proposes to demolish the existing uses and develop a 78 room, 5-story hotel. The applicant is requesting a Conditional Use Permit (CU-2023-0022) and Design Review (DR-2023-0020) to develop the Project.
We understand the City is seeking proposals to prepare environmental documentation pursuant to CEQA.
Based upon our review and understanding of the Project, we anticipate a Class 32 Categorical Exemption Report (CE Report) pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects, to be the appropriate environmental clearance document. According to CEQA Guidelines Section 15300, T o : M s . M a r i a M a jc h e r e k
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2 Categorical Exemptions, various classes of projects have been determined to not have a significant effect on the environment; thus, would be exempt from the provisions of CEQA. In-fill development projects are one class of projects (i.e., Class 32), from among others, found not to have a significant effect on the environment, and declared to be categorically exempt from the requirement to prepare environmental documents.
CEQA Guidelines Section 15332, In-Fill Development Projects, specifies that Class 32 consists of projects characterized as in-fill development meeting the following conditions:
a) The project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare, or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.
We have prepared the following work plan in response to the City’s Request for Proposals and our experience preparing a variety of environmental clearance documents for infill redevelopment projects throughout California. At this time, additional technical studies beyond those that have been identified in Task 2 are not anticipated. For purposes of this scope of work, we are assuming a Class 32 CE is the appropriate documentation for the Project. It is assumed that none of the exceptions to CEs pursuant to CEQA Guidelines Section 15300.2 apply to the proposed Project. However, if through review of the technical studies and preparation of the analysis it is determined that the Project could have a significant effect on the environment, or that the Project does not meet the conditions to qualify for a CEQA Exemption, De Novo will immediately communicate these findings to the City and discuss options for CEQA compliance, which may include a Mitigated Negative Declaration.
Work Program
TASK 1: PROJECT KICKOFF MEETING AND PROJECT DESCRIPTION
1.1 Project Kickoff Meeting
The work program will be initiated with a kickoff meeting with City staff and the Applicant team, if requested by the City, to discuss the Project features in greater detail. This meeting is anticipated to be held virtually. This initial meeting is vital to the success of the CEQA process and will be a key milestone to confirm the parameters of the analysis, Project construction program, buildout conditions, scheduling, and overall communications. Prior to the kickoff meeting, De Novo will distribute an agenda and detailed memorandum, which will identify information needs. Upon completion of the kickoff meeting, De Novo will prepare a meeting summary that details action items for the team. Based upon the detailed Project T o : M s . M a r i a M a jc h e r e k
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3 information obtained at the Project kickoff meeting, De Novo will draft a preliminary Project Description (Task 1.2) and Project schedule for review and approval by City staff.
1.2 Project Description
De Novo will develop a detailed project description that depicts all known aspects of the proposed Project.
The project description will detail the Project location and environmental setting, Project characteristics (construction and operation), phasing, discretionary actions, and required permits and approvals based on available information. Exhibits will identify the regional and local site vicinity. Project plans and details, provided by the Applicant, will also be graphically depicted and referenced. The De Novo team will submit the project description to the City for review and approval. De Novo has assumed that no modifications to the project description will occur after approval by the City.
Task 1 Deliverables:
• One (1) electronic copy of the Kickoff Meeting Agenda and Minutes • One (1) electronic copy of the Schedule (with updates as needed) • One (1) electronic copy of the Draft and Final Project Description TASK 2: PREPARATION AND REVIEW OF TECHNICAL STUDIES
Additional technical studies beyond those that have been identified below are not anticipated for purposes of the Class 32 CE. It is our understanding that the Project Applicant has prepared a Low Impact Development (LID) Study and will be preparing a Traffic (CEQA Vehicle Miles Traveled) Study. It is assumed these studies will provide the necessary information to document whether the Project would result in a significant effect relating to water quality, and to support the analysis to determine if the site can be adequately served by all required utilities and public services, and to document whether the Project would result in a significant effect relating to traffic, pursuant to CEQA Section 15332, as described above. Upon review and completion of the technical studies, De Novo anticipates a conference call with the City to discuss the results and confirm the next steps.
2.1 Air Quality
De Novo will utilize our in-house environmental scientists to prepare an Air Quality analysis for the Project.
Based on data provided by the Applicant, emissions generated during construction activities will be quantified. A general description of the construction activities and timing will be required. The air pollutant emissions during construction will be compared to the South Coast Air Quality Management District’s (SCAQMD) Regional Thresholds of Significance. Operational (i.e., area, mobile, and energy source) emissions will be quantified and compared to the SCAQMD regional thresholds of significance.
The emissions will be quantitatively derived. Project consistency with the Air Quality Management Plan (AQMP) will also be addressed. Based on localized meteorological data and SCAQMD’s Localized Significance Thresholds (LST) methodology, localized impacts will be analyzed. As a result of the California Supreme Court decision for Sierra Club vs. County of Fresno (Friant Ranch L.P.), the resultant human health impacts from the Project’s short-term construction and long-term operational air emissions will be qualitatively analyzed.
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4 2.2 Cultural Resources
In addition to the Applicant-prepared studies, we recommend preparation of a Cultural Resources Study in order to document that the Historical Resources exception does not apply to the proposed Project pursuant to CEQA Guidelines Section 15300.2, as described in Subtask 3.2.2, below. The De Novo team includes South Environmental to prepare the cultural resources study.
Records Search. South Environmental will conduct an in-person cultural resources records search from the South Central Coastal Information Center (SCCIC) that includes a 0.25-mile search radius. The inperson SCCIC records search will not exceed $350 in direct expenses. South Environmental will contact the California Native American Heritage Commission (NAHC) for a review of their Sacred Lands File. The NAHC will determine if any NAHC-listed Native American sacred lands are located within or adjacent to the project area. In addition, the NAHC will provide a list of Native American contacts for the project who should be contacted for additional information. South Environmental will present the results of the Sacred Lands File search and will not conduct outreach to the NAHC-listed contacts.
Cultural Resources Survey. One qualified architectural historian will survey the exterior portions of all accessible existing built environment within the proposed project site, taking detailed notes and photographs of all buildings and structures. One qualified archaeologist will conduct a pedestrian survey of the project site. It is assumed that the archaeological survey will be negative for archaeological resources (i.e., no newly discovered archaeological resources will be encountered, and no previously recorded resources will require updates).
Historic Properties Evaluations. South Environmental will complete a historic significance evaluation for the two historic-era properties in consideration of CRHR and local designation criteria to determine if they are considered historical resources for the purposes of CEQA Guidelines Section 15064.5. This may include accessing local libraries, archives, and contacting relevant historical societies. South Environmental will also review all available building permits and construction documents to determine the nature and extent of alterations made to the properties over time. The properties will be evaluated on the required State of California Department of Parks and Recreation Series 523 Forms (DPR forms). It is assumed that no more than two properties will require evaluation for this Project.
Cultural Resources Report. South Environmental will prepare a Phase I cultural resources technical report that will summarize the results of the records search, NAHC Sacred Lands File search, survey, historic resource evaluations, and results. The report will also discuss the proposed project description, regulatory framework, all sources consulted, recommendations for appropriate management, and analysis of the proposed Project’s potential to impact cultural resources under CEQA Guidelines Section 15064.5. All DPR forms will be included as an appendix to the report.
2.3 Noise
De Novo has teamed with MD Acoustics to provide noise impact services. MD will review the Project plans and traffic study from an acoustical standpoint and perform two (2) short-term 15-minute readings at the site. The traffic noise level impacts to and from the Project will be determined and compared to the City’s T o : M s . M a r i a M a jc h e r e k
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5 noise standards using the FHWA Noise Prediction Model. Potential stationary noise impacts from the project site to the adjacent land uses will be calculated. The short-term construction noise and vibration impacts from during construction will be determined by utilizing the FHWA Construction noise model. The exterior noise impact to the surrounding adjacent properties will be assessed and mitigation measures to alleviate any potential significant noise impact will be identified, if necessary. The results of the analysis will be summarized in a noise impact study that will address the exterior noise impacts to and from the Project site for both short-term and long-term noise impacts and provide recommendations.
2.4 Technical Study Review
De Novo will review the Applicant provided technical studies to ensure their appropriateness for use in the environmental analysis. This scope of work excludes any technical modeling or review of these studies for engineering purposes.
Task 2 Deliverables:
• One (1) electronic copy of draft and final Cultural Resources Report • One (1) electronic copy of draft and final Noise Study TASK 3: CATEGORICAL EXEMPTION REPORT
If preparation of the technical studies determines no impact to air quality, historical resources, noise, and transportation, the De Novo team will prepare the CE Report, which will include the necessary analysis to demonstrate that the Project is an in-fill development that would not have a significant effect on the environment; meeting the Class 32 conditions to be categorically exempt. The CE Report will also demonstrate that the Project does not meet the exceptions for a CE.
3.1 Introduction
The Introduction will cite the provisions of the CEQA Guidelines and the City’s CEQA implementation procedures which the proposed Project is subject. This section will identify the purpose of the CE report and statutory authority.
3.2 Environmental Analysis
3.2.1 Class 32 In-Fill Development Project
This section will identify the Project’s short-term construction and long-term operational impacts and their levels of significance to demonstrate that the Project meets the conditions for a Class 32 CE, pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects. The impact analysis will be in a consistent order of environmental factors presented in CEQA Guidelines Section 15332, as outlined below.
Conditions A, B, and E
This section will provide narratives demonstrating the Project’s compliance with these conditions concerning the following factors:
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6 • General Plan land use, applicable General Plan policies, and applicable zoning designation and regulations;
• Site location, size, and setting; and
• Ability to be served by existing utilities and public services.
Conditions C and D
This section will present the findings of the technical analyses detailed in Task 2 above. The technical analysis will be included as Appendices to the CE Report. This section will include discussions demonstrating the Project’s compliance with Conditions C and D and substantiating that the Project will not result in any significant effects concerning the following environmental issue areas:
• Habitat Value;
• Air Quality;
• Noise;
• Transportation; and
• Water Quality.
3.2.2 Exceptions
It is assumed that none of the exceptions to CEs pursuant to CEQA Guidelines Section 15300.2 apply to the proposed Project. This section will provide brief narratives demonstrating that the proposed Project does not meet the conditions outlined in CEQA Guidelines Section 15300.2, Exceptions, concerning the following factors:
• Location: This exception pertains to Classes 3, 4, 5, 6, and 11; not Class 32. • Cumulative Impact: The analysis would demonstrate the Project would not result in significant environmental impacts.
• Significant Effect: There are no known unusual circumstances concerning the Project. Thus, there is no known reasonable possibility that the Project would have a significant effect on the environment.
• Scenic Highways: The Project site is not located within a state scenic highway. Moreover, the Project would not damage scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources.
• Hazardous Waste Sites: The Project site is not included on a list compiled pursuant to Government Code Section 65962.5.
• Historical Resources: The Project proposes to demolish two existing buildings on site that are over 45 years old. The potential for the buildings to be historic resources will be assessed as part of the Cultural Resources Study identified in Task 2. Additionally, the potential for on-site soils to contain archaeological resources will be assessed as part of the Cultural Resources Study as well. CEQA Guidelines Section 15064.5 defines “historical resources” as a resource listed or eligible for listing in the California Register of Historical Resources, a resource included in a local register of historical resources, or any object, building, structure, site, area, place, record or manuscript which a lead agency determines to be historically significant. Generally, a resource is considered to be T o : M s . M a r i a M a jc h e r e k
S u b j e c t : S c o p e o f W o r k t o P r e p a r e E n v i r o n m e n t a l C o m p l i a n c e D o c u m e n t a t i o n f o r t h e G r e v i l l e a / I m p e r i a l H o t e l P r o j e c t
D a t e : A p r i l 8 , 2 0 2 4
7 “historically significant” if the resource meets the criteria for listing on the California Register of Historic Resources.
3.3 Revised and Final CE Report
De Novo will submit one (1) electronic copy of the Administrative Draft CE Report for review and comment by the City. We will respond to one consolidated set of comments on the Administrative Draft CE Report.
De Novo will submit one (1) electronic “check copy” of the Revised Administrative Draft CE Report, which will incorporate one complete set of comments received from the City. Changes to the draft document will be made in track changes to assist the review. It is assumed that substantive comments will be received as part of the Administrative Draft review and any additional comments to the Revised Administrative Draft document will be minimal. Upon receipt of comments on the Revised Administrative Draft, De Novo will finalize the CE Report and provide one (1) electronic copy of the Final CE Report. De Novo will also prepare the Notice of Exemption for attachment to the CE Report.
Task 3 Deliverables:
• One (1) electronic copy of the Administrative and Revised Draft CE Report • One (1) electronic copy of the Final CE Report
• One (1) electronic copy of the Draft and Final NOE
TASK 4: PROJECT MEETINGS AND MANAGEMENT
4.1 Project Management
Ms. Starla Barker, AICP will be responsible for management and supervision of the De Novo team. Ms.
Barker will coordinate with City staff as well as internal staff, toward the timely completion of the work program. This task also includes the time necessary for management and administration of the project, including invoicing and schedule updates.
4.2 Project Conference Calls/Meetings
Ms. Barker will participate in conference calls/meetings with City staff as necessary. For budgeting purposes, the following are assumed:
• One (1) kick-off meeting via conference call with City Staff (Refer to Task 1.1); • Conference calls with City staff to discuss work program and progress, resolve any issues, review comments on administrative documents, and/or receive any necessary direction from City staff (a maximum number of hours have been assumed); and
• One (1) Planning Commission Meeting (if needed as determined by City).
Additional in-person meetings can be conducted on a time and materials basis, upon request from the City. This task also includes the time necessary for management and administration of the project, including invoicing and schedule updates.
T o : M s . M a r i a M a jc h e r e k
S u b j e c t : S c o p e o f W o r k t o P r e p a r e E n v i r o n m e n t a l C o m p l i a n c e D o c u m e n t a t i o n f o r t h e G r e v i l l e a / I m p e r i a l H o t e l P r o j e c t
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8 SCHEDULE
We have provided a realistic schedule based on our experience with environmental compliance projects.
However, we understand there may be timing considerations that need to be addressed; therefore, we anticipate further discussion with City staff to better understand any schedule needs, including City Staff review time, hearing dates, etc. Our team has a strong history of accommodating and meeting specific scheduling needs of our clients. We proactively work with City staff and the Applicant to accommodate scheduling requests and establish expectations through the identification of key milestones, interdependent tasks, and responsibilities.
Project Kickoff Meeting Week 1
Project Description Preparation1 Weeks 1 – 2
City Review/Approval of Project Description Week 3
Proposed Technical Analysis2 Weeks 4 – 9
De Novo Prepares Administrative Draft CE Report Weeks 9 – 11 City Review of Administrative Draft CE Report Weeks 12 – 13 De Novo Prepares Revised Administrative Draft CE Report Week 14 – 15 City Review of Revised Administrative Draft CE Report Week 16 – 17 De Novo Prepares Final CE Report Week 18
1. Preparation of the project description assumes all project information has been provided and is complete.
2. The Native American Heritage Commission has advised that a request for a Sacred Lands File search can take up to 6-8 weeks.
T o : M s . M a r i a M a jc h e r e k
S u b j e c t : S c o p e o f W o r k t o P r e p a r e E n v i r o n m e n t a l C o m p l i a n c e D o c u m e n t a t i o n f o r t h e G r e v i l l e a / I m p e r i a l H o t e l P r o j e c t
D a t e : A p r i l 8 , 2 0 2 4
9 BUDGET
A detailed breakdown of hours associated with each task is provided in the table at the end of this proposal.
If you have any questions regarding this proposed scope of work, or if you need any additional information, please feel free to contact me at any time. De Novo is prepared to begin work on the project at the City’s convenience.
Sincerely,
DE NOVO PLANNING GROUP
Starla Barker, AICP
Principal Planner
De Novo Planning Group
Grevillia/Imperial Hotel Project
South
Environmental MD Direct Costs
hours $185 hours $150 hours $110 hours $125 hours Fee
Fee
1.1 Project Kickoff Meeting 2 $370 2 $300 $0 0 $0 4 $670 $670
1.2 Project Description 4 $740 20 $3,000 4 $440 6 $750 34 $4,930 $4,180 TASK 1 SUBTOTAL 6 $ 1,110 22 $ 3,300 4 $ 440 6 $ 750 38 $ 5,600 $0 $0 $0 $5,600
2.1 Air Quality 2 $370 30 $4,500 $0 $0 32 $4,870 $4,870
2.2 Cultural Resources 6 $1,110 4 $600 $0 $0 10 $1,710 $11,735 $13,445
2.3 Noise 6 $1,110 4 $600 $0 $0 10 $1,710 $4,200 $5,910
2.4 Technical Study Peer Review 4 $740 4 $600 $0 $0 8 $1,340 $1,340 TASK 2 SUBTOTAL 18 $ 3,330 42 $ 6,300 0 $ - 0 $ - 60 $ 9,630 $ 11,735 $ 4,200 $ - $25,565
3.1 Introduction $0 2 $300 4 $440 $0 6 $740 $740
3.2 Environmental Analysis $0 $0 0 $0 $0 0 $0
3.2.1 Class 32 In-Fill Development Project 12 $2,220 14 $2,100 10 $1,100 $0 36 $5,420 $5,420
3.2.2 Exceptions 2 $370 6 $900 6 $660 $0 14 $1,930 $1,930
3.3 Revised and Final CE Report 8 $1,480 8 $1,200 4 $440 2 $250 22 $3,370 $3,370 TASK 3 SUBTOTAL 22 $ 4,070 30 $ 4,500 24 $ 2,640 2 $ 250 78 $ 11,460 $0 $0 $0 $11,460
4.1 Project Management 10 $1,850 $0 $0 $0 10 $1,850 $1,850
4.2 Project Conference Calls/Meetings 10 $1,850 2 $300 $0 $0 12 $2,150 $2,150 TASK 5 SUBTOTAL 20 $3,700 2 $300 0 $0 0 $0 22 $4,000 $0 $0 $0 $4,000 SUBTOTALS 66 $12,210 96 $14,400 28 $3,080 8 $1,000 198 $30,690 $11,735 $4,200 $0 $45,875 $45,875
NOTES:
Subconsultants and Direct Costs are billed at no markup.
De Novo Planning Group reserves the right to reallocate budget between various consulting team members and between tasks, provided the overall project budget does not change.
TASK 3: CATEGORICAL EXEMPTION REPORT
TASK/ACTIVITY
Printing,
Postage,
Filing Fees
TASK 1: PROJECT KICKOFF AND PROJECT DESSCRIPTION
TASK 2: PREPARATION AND REVIEW OF TECHNICAL STUDIES
De Novo Subtotal GIS/Production
Cultural
Resources
TOTALS
Noise
Principal Planner/
Project Manager
Senior Planner
TASK 4: PROJECT MEETINGS AND MANAGEMENT
TOTAL FEE (NOT TO EXCEED FEE)
ACTIVITY Assistant Planner
TOTALS