Loading...
2007/04/10 City Council Resolution 2007-53RESOLUTION NO. 2007-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF ROHNERT PARK AND EIP (A DIVISION OF PBS & J) FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SONOMA MOUNTAIN VILLAGE PROJECT WHEREAS, the City of Rohnert Park solicited proposals to prepare an Environmental Impact Report (EIR) for the Sonoma Mountain Village Project pursuant to the requirements of the California Environmental Quality Act (CEQA), WHEREAS, the City has received and reviewed a proposal to prepare the EIR for Sonoma Mountain Village from EIP (a division of PBS & J) to complete the EIR document as required; WHEREAS, the proponents for the Sonoma Mountain Village Project are responsible for funding the required EIR work per the proposal and for providing an administrative fee to the City equal to 20 percent of the contract price for the EIR work; WHEREAS, the City Council has authorized the City Manager to execute agreements with the fines listed in the approved environmental consultant list; WHEREAS, Staff has prepared an Agreement for Services between the City of Rohnert Park and EIP (a division of PBS & J) regarding the preparation of the EIR for the Sonoma Mountain Village Project; WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered the information contained in the Staff Report and all relevant materials regarding the Agreement of Services between the City of Rohnert Park and EIP (a division of PBS & J). NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve said Agreement of Services. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED on this 10th day of April, 2007. CITY OF ROHNERT -'ARK AGREEMENT FOR SERVICES This Agreement is made and entered into on this date, by and between the City of Rohnert Park, hereinafter referred to as the "City," and EIP (a division of PBS & J), hereinafter referred to as the "Consultant." WHEREAS, the City requires the preparation of an Environmental Impact Report to be prepared by outside consultants pursuant to the California Environmental Quality Act; and WHEREAS, the Consultant is qualified and experienced to provide such services. NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK. Consultant shall perform those services described in the Proposed Project Role of EIR Consultant Technical Expertise and Issues Analysis, Work Program and Deliverables, Schedule, and Appendices, attached as Exhibit "A" within the time frames stated therein. 2. COORDINATION. Consultant shall assign Ted Adams, Senior Project Manager, to personally participate in said project and to coordinate the activities of the Consultant. 3. COMPENSATION. A. City shall pay Consultant as compensation in full for such services and expenses at the rates set forth in the Standard Hourly Rates and Costs attached as Exhibit "B," the total sum not to exceed - $400,423 (Four hundred thousand, four hundred and twenty -three dollars). Progress payments will be tied to completion of tasks so all payments are proportional to the work completed. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. B. Consultant shall submit itemized monthly statements for work performed. City shall make any payment due within thirty (30) days after approval of the invoice by City. Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten (10) percent retained by City will be held until 30 days after final completion and acceptance of the contract work. C. Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. t N:AMaureen \Environitientat Studies \RFP's \Sonoma Mtn Village \RFP & E[P ContractASo Mtn Village.Aaroement for Services. Final_DOC 4. TERM. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final acceptance by City unless terminated earlier as provided herein. 5. NOTICES. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: TO CITY: DEPT. OF COMMUNITY DEVELOPMENT CITY OF ROHNERT PARK 6750 COMMERCE BLVD. ROHNERT PARK, CA 94928 TO CONSULTANT: TED ADAMS - PROJECT MANAGER EIP ASSOCIATES (DIVISION OF PSB &J) 353 SACRAMENTO STREET, #1000 SAN FRANCISCO, CA 94111 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving notice pursuant to this Paragraph. 6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum merit, etc. for work done without the appropriate City authorization. 7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for any or no reason, City shall have the right to terminate this Agreement, take possession of the Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as they are complete and acceptable to the City, and pay the Consultant such equitable proportion of the total remuneration as the work satisfactorily done by the Consultant at the time of such discontinuance bears to the whole of the work required to be done by the Consultant under the terms of this Agreement. 8. CORRECTION OF WORK. The performance of services or acceptance of information furnished by Consultant shall not relieve the Consultant from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Consultant on demand without cost to the City. 9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Consultant and the City. In such event, compensation as set forth in the Scope of Work shall be subject to renegotiation upon written demand of either parry to the Agreement. 10_ RECORDS OF PERFORMANCE. Consultant shall maintain any ledgers, books of account, invoices, Vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law make these records 2 N:AMaureenAEnvironmental Studies \RFP's \Sonoma Mtn VillageARFP & EIP Contract \So Mtn Village.Agreement for Services. Flnal,.DOC available for inspection, audit, and copying by the City. All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Agreement are confidential and not be disclosed to any person except as authorized by City or as required by law. 11. SUBCONTRACTING. None of the services covered by this contract shall be subcontracted without the prior written consent of the City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and dollars amounts of all contracts and subcontracts relating to preparation of the report. 12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole or in part, without the written consent of the City. 13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall indemnify, hold harmless, City, its officers, employees and agents from and against any and all actions, claims, demands, damages, disability, losses, expenses including attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Consultant, in whole or in part, arising out of Consultant's activities hereunder, including the activities of other persons employed or utilized by Consultant in the performance of this Agreement (including design defects and regardless of City's approval, use or acceptance of the work or work product hereunder), to the extent caused by the Consultant's negligence, recklessness or willful misconduct, excepting liabilities due to the negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this Agreement. 14. INSURANCE. Without limiting consultant's indemnification provided herein, Consultant shall comply with the requirements set forth in Exhibit "C" to this Agreement. 15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. Consultant agrees to use reasonable care and diligence in its profession in rendering services under this Agreement. Consultant agrees that the acceptance of his work by City shall not operate as a waiver or release of said obligation of Consultant. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance. 16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's report. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. . 17. _COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or, in its discretion to deduct from the Agreement price or 3 N: \Maureen \Envirorunental Studies \RFP's \Sonoma Mtn Village \RFP & E[P Contract \So Mtn Village. Agreement for Services. Flnal..DOC consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 18. CONFLICT OF INTEREST. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. 19. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and /or such other person's financial interests. 20. MERGER. This Agreement shall constitute the entire Agreement between the parties and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter. No modification of this Agreement shall be effective unless and until evidence by a writing is signed by both parties. 21. DEFAULT. If .Consultant should fail to perform any of his obligations hereunder, within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, City may terminate this Agreement by giving Consultant written notice of such termination, stating the reason for such termination. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Consultant. 22. NO WAIVER OF BREACH TIME. The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder. 23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 24. ATTORNEY FEES, APPLICABLE LAW AND FORUM. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing parry shall be entitled to recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. 25. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Consultant is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides its employees. In the event City exercises its right to 4 N: \Maureen \Enviromnental Studies \RFP's \Sonoma Mtn Village \RFP & EIP Contract \So Mtn Village.Agreement for Services. Final..DOC terminate this Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under rules, regulations, ordinances or laws applicable to employees. 26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to the United States for to the State of California as a consequence of Consultant's failure to pay, when due, all such taxes and obligations. 27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age, national, origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds. 28. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal, state and local laws, rules and regulations affecting the Consultant and his /her work hereunder. Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession and to do the work hereunder. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required. for Consultant to practice his /her profession and do the work contemplated by this Agreement. 29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the Consultant under the Agreement shall be vested in the City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the City without restriction or limitations on their use. Consultant shall not be liable in any way for the unapproved use, re -use, or modification of the deliverables or other documents of service without the Consultant's express written authorization. Consultant may retain copies of the above - described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement or until ninety (90) days after receipt of final payment from City. 30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 31. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 32. AUTHORITY. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such parry and that this Agreement is binding on such party in accordance with its terms. 5 NAMaureen\Enviroamental Studies \RFP's \Sonoma Mtn Village\RFP & EIP Contract \So Mtn Village. Agreement for Services. Final..DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ROHNERT PARK: CONSULTANT: By: / Name: (Date) Title: Mayor Per Resolution No. adopted by the City Council on ATTEST: Clerk APPROVED AS TO FORM: n j 2 if'�,sU'.'ll� 9. ;L�i� Pity Attorney By: /_ Name: Rodney Jeung (Date) Title: Associate Vice President 6 N:\ Maureen \Environmental Studies\RFP's \Sonoma Mtn Village \RFP & EIP Contract \So Mtn Village.Agreement for Services. Final..DOC - Proposed Project, Role of EIR Consultant, Technical Expertise and Issues Analysis, Work Program and Deliverables, Schedule, Cost, and Appendices 7 N: \Maureen \Environmental Smdies\RFP's \Sonoma Mtn Village \RFP & E[P Contract \So Mtn Viliage.Agreement for Services. Final..DOC t .,_ . �'.��.t S' ; ' .:3.3137„ - �xsl c'3. �z .'i V 1.....2,- ..i:;��. DEVELOPMENT PLAN EJ Proposed Project The City of Rohnert Park, Planning Department, is requesting proposals for the preparation of an Environmental Impact Report (EIR) for the proposed Sonoma Mountain Village Planned Development Project ( "Project "). The primary objective of the City is to have an EIR prepared in full compliance with the California Environmental Quality Act (CEQA) and all applicable local, state, and federal regulations of agencies having jurisdiction over environmental resources and use of the project site. Codding Enterprises has submitted to the City of Rohnert Park Planning Department a proposed Final Development Plan (Revised November 22, 2006), prepared for the project. The project site is located at the southwest corner of Bodway Parkway and Camino Colegio, encompassing an area of about 175 acres. About 150 acres of the project site are within the City Lunus. Site development plans exclude an area of 25 acres on the southern portion of the property Which falls within the jurisdiction of Sonoma County, portions of which are proposed for site infrastructure needs separate from the remaining site area proposed for development. According to the Final Development Plan, the project includes a maximum of 1,892 residential units, 300,250 square feet of office space, 35,000 square feet of civic building use, 211,500 square feet of retail space, 40,000 square feet of grocery space, and a 25,000 square foot theater. The project includes adaptive reuse of 700,000 square foot industrial campus building space that previously housed the operations of Agilent Technologies (Hewlett-Packard). Therefore, a key component of the project is the adaptive reuse of existing buildings -- a mix ofoffice, retail and residential uses are planned for building reuse. GENERAL PLAN AMENDMENTS, REZONING The Project includes a request for specified General Plan Amendments, Rezoning and approval of a Final Development Plan. The General Plan Amendments include graphic and text changes including but not limited to: ■ Figure 2.2 -1, General Plan Diagram: a change in the site designation from Industrial" to "Mixed Use ", "Public /lnstutuional ", and "Parks/ Recreation" in accordance with the Development Plan, or other designation as considered approprtate. Proposed Project D+ 11) -) -`'= 0 AY Proposal to Prepare an Environmental Impact- Report ( .IR) for the Sonoma Mountain Village • Table 2.2 -1, Standards for Density and Development Intensity: the addition of information that Floor Area Ratios do not apply to the Sonoma Mountain Village Project. • Mixed Use narrative on page 2 -22: a revision to the types of land uses that may be allowed in Sonoma Mountain Village (a full matrix of these amendments is planned for submittal) • Figure 2.2 -1, General Plan Diagram, and Figure 4.1 -1, Master Street Plan: a modification to Bodway Parkway from a 4 -lane Collector to a 2- lane Collector on the east side of the project site. • Figure 4.4 -1, Bicycle System, the addition of a Class 1 bike lane to the southern portion of Bodway Parkway; and • Figure 5.2 -1, Parks and Schools: a revision to show new project parks (the park requirement is 28 acres, the proposed Development Plan provides for about 29 acres of parks). In order to maintain consistency with the amended General Plan, the project includes a proposal to Rezone the project site from "I -L" (Limited Industrial) to "P -D" (Planned Development). The zoning to be "form- based" (similar to a SmartCode) that establishes development procedures and standards by zone (Zones T3 through T6 plus CS, CP and CB). Based on the proposed General Plan Amendment and Rezoning, the Development Plan specifies how and where specific land use types may be developed on the project property. The Development Plan establishes the P -D Zoning district and describes the nature, character and location of all development within the property. The Development Plan is to provide a framework for preparation of the EIR under CEQA. It is noted that a Preliminary Development Plan was approved by the Planning Commission on May 11, 2006 and is filed under application No. P12005- 047PD. While there are no Tentative Map applications at this time, it is envisioned that maps will be submitted in the future as phased elements of the project as a whole. 18 Proposed Project D4:1093.97:0307 . roposal to Preparre an Envi.roaarne.ritol Iinp act Report ( IR) for the Patterson Ranch Planned District Key Issues. Based om 1) site inspection, 2) review of the project information submitted by the project applicant, inclusive of the Final Development Plan Text, SmartCode P -D Zoning District and supporting maps, and 3) our experience in preparing the EIR for the Southeast Specific Plan project directly east of the Sonoma Mountain Village project site, EIP /PBS &J expects all of the topical issues as noted in the CEQA Guidelines Appendix G (Environmental Checklist Form), to be of critical interest during the course of environmental review_ However, in the interest of highlighting specific environmental issues among those anticipated to receive close scrutiny, the following points are noted (refer also to the discussion in Section 6 of this proposal, Technical Expertise and Issues Analysis, regarding a discussion all subject areas): AESTHETICS AND URBAN DESIGN Petaluma Hill Road is listed as a Scenic Corridor in the Sonoma County General Plan. This scenic status is to be protected. Much of the Sonoma Mountain Village project site is visible from portions of Petaluma I fill Road. The site is visible from Valley House Drive and Bodway Parkway. The extent of the development on the project site may or may not affect the Scenic Corridor from Petaluma Hill Road will need to be assessed. The visual analysis will need to address the effect project development would have on views from both on and off the site, including adjacent residential areas locations at locations identified as sensitive to visual change. To assist in this process, optional photomontages are proposed as part of the EIP /PBS &J work program to fully assess visual and aesthetic concerns regarding the project. AIR QUALITY Asa large development, the project could be a significa± 1 t source of air pollutants. However, many aspects of its design (i.e., densely developed site plan, mixture of commercial and residential uses, allowance for mass transit access and bicycle and pedestrian facilities, energy - efficient building design, etc.) are identified in the Bay Area regional air quality plan as key strategies for emission reduction and air quality standard attainment The analysis of project construction and operational air quality impacts will reflect these key design features and will rely on the methodologies and significance thresholds that are documented in the BAAQMD CEQA Guidelines. BIOLOGICAL RESOURCES The California tiger salamander is known to frequent the general area. The species is listed as a federally endangered species in the area. Critical habitat has not been designated for the Sonoma County population because it was considered "detrimental" to the development of the Santa Rosa Plain Conservation Strategy. Also, wetlands subject to potential jurisdiction of the Army Corps of Engineers are indicated in the Development Plan text and shown on the drawings. Key Issues 19 D4:1093.97:0307 proposal to Prepare an Enviror-tsnental Impact Report (EIR) for the Sonoma Mourntain Village The City's General Plan identifies biological resources occurring or potentially occurring in the planning area, including wetlands, vernal pools, rare plants and wildlife and special- status plants and wildlife. The project sponsor's planned biological and natural resource surveys for the project are being offered to supplement the General Plan resource assessments with site - specific observations, and a preliminary assessment of wetlands and waterways. The project applicant plans to continue the studies to measure and map such features throughout the 2006/2007 rainy season, provide a delineation of waters of the United States, including wetlands, and determine the potential presence of special- status plant and wildlife species, and habitat types and locations. Also, the project applicant plans to complete a Natural Resources Conservation and Management Program for the preservation and enhancement of onsite and offsite natural resources in coordination with the appropriate resources agencies and create standards for the conservation development and use of natural resources at the project site. Although not confirmed at this point in time, it is assumed these study materials will be made available to the EIR consultant team for informational purposes, consideration and peer review as necessary. As was noted for the Southeast Specific Plan project, development within the Sonoma Mountain Village area could lead to the loss of grassland habitat that is important to foraging by birds of prey considered special status species. Special status species are those meeting the criteria in CEQA Section 15380 and include species listed as threatened, endangered, or proposed for listing, and species of concern to the U.S. Fish and Wildlife service and California Department of Fish and Game. This will need to be confirmed during EIR preparation with mitigation established if and as necessary. HYDROLOGY AND WATER QUALITY Stormwater runoff from site development would increase the demand on drainage facilities and could affect water quality with respect to natural drainage ways. As noted in the Development Plan text, Section IIt, Executive Summary, Item B.4, Standards for Natural Resources Conservation, the project is planned to 20 Key Issues D4: 1093.97:0307 embrace sustainable development practices. Provisions for the treatment of storm water including bio- swales and detention areas are planned to be included into the design of the storm water system. The EIR will need to consider the capacity of the stormwater conveyance system, the potential for localized or downstream flood hazard, and potential pollutant loading in drainage tributaries: LAND USE Much of the 75 -acre project site is undeveloped, with a complex of at least 700,000 square feet of industrial campus building space on the site that previously housed the operations ofAgilent Technologies slated for adaptive reuse. Because the project would include up to 1,892 residential units, 300,250 square feet of office space, 35,000 square feet of civic building use, 211,500 square feet of retail space, 40,000 square feet of grocery space, and a 25,000 square -foot theater inclusive of adaptive reuse; land use compatibility issues between the proposed project site and adjacent properties to the north, east and west where existing residential uses are currently located would warrant. careful examination. Office and commercial uses as proposed would require an assessment of land use compatibility with respect to nearby residential development concerning traffic and circulation, urban design, noise, drainage, public services and other issues yet to be determined NOISE The project would be located on a sparsely developed rural site surrounded by many older residential uses, which would introduce the potential for noise impact from project motor vehicle traffic. There could also -be on -site noise impacts because of the planned mixture of land uses of varying noise sensitivity. This potential will be evaluated using well accepted methodologies for modeling stationary and mobile source noise levels. Significance will be determined with respect to the goals and criteria of the General Plan Noise Element and other applicable guidance documents. Noise abatement strategies and design changes will be suggested where feasible. Proposal to Prepare an P;nvir•onmencal Impact "Repor=t (FIR) for• the Patterson 1Za.nch. Plannt.ed District PLANNING POLICY Based on the Development Plan as submitted, specified General Plan text and map amendments are identified with respect to the project as proposed. The CEQA Guidelines Section 15125 require a discussion of any inconsistencies between a proposed project and the applicable General Plan. In addition to describing the amendments as proposed, itwill be important to identify any inconsistencies between the goals and policies of the General Plan and the project as proposed. Because impact significance'criteria for issues such as land use, traffic and circulation, visual quality, noise, resource management and other community characteristics are closely linked to local planning policy, the EIR will document consistency of the proposed Sonoma Mountain Village project with the relevant goals and policies of the Rohnert Park general Plan adopted in July, 2000. Where any inconsistencies or partial consistencies are noted, mitigation will be developed as necessary to bring the project into compliance with the goals and policies of the General Plan. PUBLIC SERVICES AND UTILITIES With up to 1,892 residential units and 611,500 square feet of commercial /office space, the providers of public services (police, fire, emergency services, schools, parks and recreation) and utilities (sewer, water, drainage), will face increased demand on their services and facilities. The project's net effects in terms of additional resources (equipment, infrastructure, personnel) required to maintain acceptable public service and utility standards of service will need to be assessed. Therefore, further investigations into the public service and utility issues appear warranted. Further, as noted in the project applicant's Development Plan, project infrastructure is planned to be implemented as required to allow for project phasing and the project is planned to incorporate Green Building Practices into the project buildings. This data will need to be included in the analysis of potential impacts to the providers of public services and utilities. TRAFFIC AND TRANSPORTATION Traffic generation and congestion is a recognized issue throughout the general project area. Based on our experience in preparing the Sonoma Mountain Village EIR, the City of Cotati will be expected to show heightened interest with respect to intersection and roadway planning within its jurisdiction, and Caltrans will have questions regarding freeway and ramp service levels over the long -term: Major streets in the project area including Petaluma Hi11 Boulevard, Valley House Drive, Bodway , Parkway,:,. Railroad Avenue, East Cotati Boulevard, Redwood Highway, Snyder Lane and others will require afresh. review and analysis regarding traffic and circulation conditions resulting from potential growth and development in the project area. Cumulative development will be an additional concern to be addressed concerning traffic and other issues (See Section 6 of this proposal for additional discussion regarding the approach to assessing cumulative development issues). Key Issues 21. D4: t093.97:0307 Proposal to Prepare an Environmental. Impact Report (EIR) for the Sonoma Mountain Village IF - I Role of the EIR Consultant Within the context of EIR issues briefly identified above, EIP /PBS &J fully understands the need for a comprehensive, thorough, and defensible CEQA document. To meet the requirements of the Sonoma Mountain Village Planned Development Project EIR, EIP /PBS &J's role as the environmental consultant will emphasize the following: QUALITY ASSURANCE /PROJECT MANAGEMENT To assure the high technical quality of both our analytical and documentation processes, EIP /PBS &J maintains a quality assurance /quality control (QA/ QC) program that is applied to all project activities. The fundamental objectives of the QA /QA program are to assure not only that our work products fulfill the scope of work requirements for each task, but also that the specific and unique needs of the project are both fully defined and met. All project deliverables will be reviewed for comprehension, accuracy, and conformance with the requirements of CEQA and by the Project Manager as well as by key individual team members prior to submittal to the City. Further, EIP /PBS &J believes it is crucial to clearly identify and document the client's needs, expectations and issues to be resolved, as well as all products and services in a detailed work program. The work program becomes the single most important document defining the conduct of work and approach /methodology to be followed in preparing complex environmental documents. Ted Adams as project manager for the Sonoma Mountain Village project EIR will use the work program to monitor the progress of our activities and ensure that we are performing the work in a manner mutually agreed to with.City staff. At the outset of work, EIP /PBS &J's project manager will conduct a team meeting to describe the project in detail and outline conduct and procedures of the work program. City staff will be invited to attend. A "Project Guide" will be assembled and distributed to each EIR team member. The "Project Guide' will serve as a general manual for conducting the work and will include at a minimum 1) the project Final Development Plan with maps, 2) a complete project description, 3) project drawings, 4) staff assignments, 5) staff budgets, 6) a graphic schedule, 7) a description of the scope of work, 8) the Notice of Preparation (NOP), 9) agency and public responses to the NOP, Role of the EIR Consultant 23 D4:109197:0307 Proposal asal to Prepare an E.tiviroa�a iental I .z l act Report (E.IR) for the Patterson Ranch Pla tned. District and 10) _other documents as necessary to ensure, the the overall work program and deliverables, outlines successful startup of EIR preparation and future the project schedule, presents our cost estimate for conduct of the work. preparation of the EIR, and introduces key staff to participate in EIR preparation. Our proposal concludes EIP /PBS &J's project manager will monitor schedule with a discussion of special resources to assist. in EIR performance for all EIR work tasks each week. Work preparation, resources-that, are routinely used by EIP / accomplished to date will be compared to the activities PBS&J to meet unique or special project challenges. as indicated on the schedule prepared for the project - (see Section 8 of this proposal), and corrections will be made as necessary to maintain an orderly progression of the work program. Planned meetings with Planning Department staff will be scheduled well in advance and established as milestone events. Toward this end, a series of internal project team meetings are proposed to be established at the outset of work to ensure a systematic cross - sharing of findings and avoid duplication of effort. Frequent communication is the best way to manage EIRs and resolve issues respecting complex projects that involve highly visible and potentially controversial issues. Creative Problem Solving: EIP /PBS &J views the preparation of this EIR as a problem solving process. Impacts documented during project evaluation will be treated as areas of investigation warranting special consideration and treatment in the development of mitigation measures to reduce the identified impacts to less than significant levels. We will establish mitigation measures that can reduce impacts and be readily incorporated into the project design requirements. Comprehensiveness: The EIR will address every substantive point .raised in the letters of comment provided by Responsible Agencies and the public in response to the Notice of Preparation, and raised through a planned scoping meeting to be conducted for the project. Senior staff will review each section of the document for compliance with CEQA Guidelines, to assure quality of style and content, to assure understanding by the layman, and for conformance with key principles and practices that have evolved from recent CEQA- related case law. CONTENTS 'OF PROPOSAL The following portions of our proposal to prepare the Sonoma Mountain Village Program EIR discusses the technical issues to be addressed in the EIR, presents 24 Role of the EIR Consultant U 4:1093.97:0307 Proposal to Prepare.an Environmental Irnpac€ Report (EIR) for the Sonoma Mountain. Village. Technica Expertise & Issues Analysis This section presents information about the technical issues we expect will be addressed in the EIR, and thus the expertise required to prepare the EIR. This discussion is subject to refinement based on results of completion of the Sonoma Mountain Village and Sonoma Mountain Village Map, the public /agency scoping process and responses to the Notice of EIR Preparation. It should be noted that the order of presentation of EIR technical issues discussed below, is provided in alphabetical order to be consistent with CEQA Guidelines Appendix G (Environmental Checklist Forrn) and the City's list of Standards of Impact Significance that are used throughout all EIRs prepared for the City. AESTHETICS AND URBAN DESIGN The Sonoma Mountain Village project site is visible from adjacent roadway corridors. Today, the undeveloped portions of the project site promote a semi -rural quality in the views available from surrounding roadways and adjacent properties. Development of the Sonoma Mountain Village site as would be seen from Petaluma Hill Road, Valley House Drive and Bodway Parkway would result changed appearances in the area to a more urban form of development. Accordingly, this portion of the EIR will concentrate on the project's effects on visual quality, urban design and the sense of community character The Aesthetics and Urban Design analysis will begin with a thorough description of the physical and visual characteristics of the Sonoma Mountain Village project site and area as it currently exists. Photographic documentation will be used to assist in the description of existing conditions. The identification of area characteristics - from a visual standpoint, including visual access to the Sonoma Mountain Village site from surrounding locations will establish a framework for evaluating the potential visual quality impacts of implementing the project as proposed. It is noted that Petaluma Hill Road is designated as a Scenic Corridor in the Sonoma County General Plan, the scenic status of which is to be protected. Site and area features that will be documented include: ■ View corridors and existing views of the project site from important public and private vantage points, including Petaluma Hill Road and the Technical Expertise & Issues Analysis 25 D4:1093.97:0307 Proposal to .Prepare all Environmental Impact Report (EIR) for the Patterson Ranch Planned. District intersection of Valley" House Drive and Bodway Parkway, and locations from residential viewpoints in neighborhoods to the north and west of the project site. • The architectural style of buildings and land use elements on adjacent properties and undeveloped lands that provide a visual context for the Sonoma Mountain Village project. • Existing landscaping and street features found in the area today. Massing and heights of existing nearby residences and structures. It is also noted that Rohnert Park has entered into an agreement with Sonoma County that establishes First Priority Areas along Petaluma Hill Road to mitigate development within the Rohnert Park/Santa Rosa Community Separator as a result to changes in the Sphere of Influence (and annexations). The Agreement specifies that "first priority shall be given to lands adjacent to the Rohnert Park UGB, lands that would serve as greenbelt around the city, and view corridors along Petaluma Hill Road (`first priority lands')." The visual analysis will address any effect project development would have on views from both on and off the Sonoma Mountain Village site and how the project may or may not affect the potential for the establishment of a greenbelt area.in the site vicinity. The visual impact analysis will address the effect project development would have on views from both on and off the site at locations identified as sensitive to visual change. The visual compatibility of the project at build -out as it relates to adjacent rural and developed land uses will be examined. At the outset, on- site /off- site visual relationships will be identified to determine the degree or intensity of visual interchange. The analysis will document how the completed Sonoma Mountain Village project would contribute to, or determine, the visual meaning or impression one would gain when viewing and /or traveling through the area as compared to the image currently perceived. It is noted that design guidelines for the development of architectural elements are outlined in the Sonoma Mountain Village SmartCode P -D Zoning District Final Development Plan Submittal of November 22, 2006. Building disposition, configuration, function and density, parking standards, architectural standards, 26 Technical Expertise & Issues Analysis D4a093.97 :0307 landscape standards, signage standards and other . elements of project design are specified with respect to each of the General Urban Transect Zones developed for the project consistent with SmartCode standards. Transect zone descriptions, building configurations, thoroughfare assemblies, public street lighting, and tree planting plans are established. These features of the project as presented will be explained and documented in a clear and understandable fashion to allow the analysis and presentation of aesthetic and urban design characteristics and potential impacts. An analysis of Development Plan conformity will be provided (see also Relationship to Plans and Planning Policy described below). Standards of impact significance will be clearly defined and visual impacts will be evaluated relevant to: • Development density, and the effect on existing views from.public and private areas. • Contrast and compatibility regarding building mass, building height, open space and proposed landscaping • Compatibility with general City development standards and guidelines regarding community design. ■ The potential visual impacts of night lighting resulting from the project, including streerlights. Mitigation will include an assessment of potential methods to establish a compatible tie between proposed development of the project site at build -out and the existing surrounding landscape. In addition, as requested three photo- realistic photomontages will be prepared for the project. EIP/ PBS &J will collaborate with Planning Department staff as to the specific locations frorn which to prepare the photomontages. Several locations have been suggested by Department staff such as the Sonoma tVloumain ridgeline, Petaluma Hill Road, adjacent existing residential areas, and the community separator. EIP /PBS&J sub- consultant Square One Productions, under the direction of EIP, will photograph panoramic views from a series of vantage points to be determined in consultation with Planning staff and as verified in the field, that illustrate existing visual conditions. Square One Productions will then produce 4" x 10" panoramic check prints from which views for pltototriontaging will 11'roposal.to Prepare an Environmental Impact R.epor €.(.I IR).for the Sonoma Mou.ntairi Village be selected. Simultaneously, Square One will produce a 3D model of the Final development Plan rendering in general massing fashion and with photo- realistic street trees. Subsequently, Square One will accurately align the digital 30 images with the respective photographic images and add roads, as visible; and remove existing impediments as maybe specified. Proposed structures will be rendered in a solid- shaded fashion with photo- realistic trees added. Throughout, Square One will post progress renderings on their web site, under a private code. This will allow all project participants to review the work progress. The web address will be www squareo ne prod uctions. co m /so nomamo u n tainvilla9e. Each of the three views will be produced in the form of computer files suitable for publication purposes, both as status quo views and as photomontages. Optionally, Square One will be able to provide larger digital prints, PowerPoint slides or overhead transparencies. Data requested to prepare the photomontages includes Final Development Plan rendering, engineering survey of site, tree removal plan, street tree plan and architectural footprints with elevations and sections of. building prototypes with dimensions. AIR QUALITY The US Environmental Protection Agency and the California Air Resources Board (CARB) have established air quality standards for five major air pollutants: photochemical oxidants (ozone), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (S02), and small- diameter suspended particulate matter (PM10 and PM25). In the San Francisco Bay Area, federal and /or State ozone and particulate standards are violated on occasion. Many other chemicals released into the air by transportation, industrial and other sources are known or suspected toxic air contaminants (TACs). Much of the population has a low -level exposure to these TACs and there is a large and growing body of evidence linking such exposure to the risk of adverse health effects. Finally, there is substantial evidence that carbon dioxide (CO2) and other "greenhouse gases" emitted from human activities (primarily the burning of fossil fuels) may be a major driving force behind accelerating global climate change. With passage of the Global Warming Solutions Act of 2006 (AB 32), the State has taken an important first step in reducing California's_ greenhouse gas emissions. The Bay Area Air Quality Management District ( BAAQMD) shares responsibility with the CARB for ensuring that federal and State standards are achieved and maintained. in the Bay Area. State law assigns local air districts the primary responsibility for control of air pollution from - stationary sources while reserving to the CARB an oversight function. The BAAQMD is responsible for regulating stationary sources of air pollution, monitoring air quality, and air quality planning activities, including implementation of transportation control measures. The BAAQMD has prepared the CEQA Guidelines (December 1999) to facilitate the review and evaluation of projects in the Bay Area that are subject to CEQA. This document provides uniform procedures for assessing potential air quality impacts, preparing the air quality sections of environmental documents, and anticipating issues of concern to the BAAQMD. The project site does not appear to be close to any existing large industrial air pollutant sources or transportation facilities (i.e., Highway 101 passes about half a mile to the west). But this would not guarantee that the site would not be significantly affected by pollutants (Le_, ozone and particulates) transported to the site by prevailing winds from more distant sources. The proposed project is a large development with a mixture of residential, commercial, office and recreational land uses served by an extensive on -site road network. As such, it will generate quantities of air pollutants from its associated stationary, area (i.e., energy use, pollutant- containing product use, etc.) and mobile pollutant sources. Project air quality impacts and overall consistency with regional air quality plans will have to be evaluated according to the procedures specified in the BAAQMD's CEQA Guidelines. EIP /PBS &J will prepare an EIR air quality analysis that meets all requirements of the BAAQMD's CEQA Guidelines. The FIR air quality setting section will include: I) a description of the climatic and topographic factors that influence air quality in the Bay Area and on the project site; 2) identification of the major criteria air pollutants, TACs and greenhouse gases emitted locally and regionally; 3) summaries of recent air pollutant Technical Expertise & Issues Analysis 27 D4:1093.97:0307 Proposal to Prepare an Environmental Impact Report (EIR) for the Patterson Ra €ich Planned. District ambient monitoring data; 4) identification of existing pollutant- sensitive land uses in the site vicinity; and 5) a listing of applicable air pollution control regulations and programs currently in place under the Bay Area Ozone Strategy, Clean Air Plan (2000) and the Global Warming Solutions Act with particular attention given to land use/ transportation strategies (e.g., promoting mixed use and transit - oriented development, etc.) and greenhouse gas inventory requirements. The EIR air quality impact analysis will include five basic components, as detailed below. In all cases, the methods of analysis and selection of project and cumulative significance thresholds will rely on the BAAQMD's CEQA Guidelines and City of Rohnert Park adopted Thresholds of Significance. • An analysis of air pollutant impacts during project constriction phases. The activity (e.g., excavation, grading, etc.), equipment, and phasing associated with project construction air pollutant emissions will be identified. Construction equipment temporarily emit precursors of ozone (i.e., volatile organic compounds (VOC) and oxides of nitrogen (NOx)], but the BAAQMD has included such emissions in the inventories prepared for the State- and federally- required air plans and would not have a significant impact on the attainment and maintenance of ozone standards. However, construction activities generate particulate matter that could affect local air quality if not properly controlled. BAAQMD- preferred particulate control strategies will be identified and applied to project construction activities as appropriate to phasing and scale. • An analysis of air pollutant emissions from operational stationary, area and mobile sources associated with project development. Estimates of area source (i.e., building energy use, fireplace/ wood- burning stove, etc.) and motor vehicle emissions associated with the project will be prepared using the CARB's URBEMIS model initialized with project phasing and land use information provided by the project sponsor, and with motor vehicle trip rates provided by the project EIR traffic and circulation analysts. ■ An analysis of local ambient carbon monoxide (CO) concentrations at sensitive land uses near major motor vehicle access routes. The potential of the project and cumulative motor vehicle trips 28 Technical Expertise & Issues Analysis D4: t093- 97:0307 to cause localized carbon. monoxide "hot spots will be evaluated near the most severely impacted intersections and at the locations of sensitive land uses along major traffic access routes. The CARB's CALINE4 dispersion model will be used to estimate the levels of carbon monoxide during weekday peak conditions under near -term and long -term cumulative conditions. The modeled 1 -hour and 8 -hour average CO concentrations will be compared to the state and federal air quality standards. ■ An analysis of potential emissions and effects of TACs and greenhouse gases. The potential forTAC exposure from stationary TAC- emitting facilities and from diesel- powered motor vehicles will be evaluated using BAAQMD monitoring data and land use compatibility specifications given in the CARB's Air Quality and Land Use Handbook: A Community Health Perspective. Greenhouse gas emissions from project motor vehicles and building energy use will be estimated. ■ An analysis of project consistency with applicable regional air quality attainment /maintenance plans. Consistency with regional air quality plans will be the determining factor in addressing the projects cumulative impact on regional air quality (i.e., ozone levels). The BAAQMD assumes that population /employment growth will be consistent with the region's General Plans and transportation plans, and offsets emissions growth by basin -wide controls on stationary, at and transportation sources of air pollutants. Projects that are not consistent with the existing General Plans will have a significant cumulative impact on regional air quality unless the additional emissions can be offset. EIP /PBS &Jwtll estimate the difference in air pollutant emissions between the development permitted under current zoning /general plan and that expected with project under the revised General plan and the likely effectiveness of strategies available to mitigate any identified increase. EIP /PBS &J will identify strategies for mitigating the project's construction -phase and operational emissions of air pollutants using the BAAQMD's CEQA Air Quality Guidelines as the primary source for such mitigation strategies; this may include measures such as: 1) phasing /limiting development so that population/ Proposal to Prepare an Environmental Impact Report (EIR) for the Sonoma Mountain Village employment growth from the project is consistent with regional air quality planning projections; 2) implementing sufficient transportation control measures to offset increases in pollutant emissions exceeding planning forecasts; and 3) modifying pro- ject design features to reduce motor vehicle trips, energy use and greenhouse gas emissions; and 4) providing adequate buffer zones between pollutant sources and sensitive land uses. In 2006, the State Legislature passed AB 32 which charged CARB to develop regulations on how the state would address global climate change (also known as "global warming"). Although there are currently no published thresholds for measuring the significance of a project's cumulative contribution to global climate change, a project participates in this potential impact through its incremental con- tribution combined with the cumulative increase of all other sources of greenhouse gases (GHG). The approach to this analysis will include presenting an inventory of GHG (i.e., carbon dioxide, methane, nitrous oxide) potentially generated by the project which will be compared to the inventories for So- noma County and Rohnert Park (as compiled for the County and Sonoma cities by the Greenhouse Gas Inventory Project) and for California to the extent those inventories are available during EIR preparation. Project compliance with the emission reduction strategies contained in the California Climate Action Team's (CCAT) Report to the Governor and with the California Air Resources Board (CARB) list of "discrete early action meas- ures" that is expected to be finalized by July 2007 will be assessed. The Report to the Governor will propose a path to achieve greenhouse gas reduction targets. The CCAT Team is a team of State agencies lead by the California Environmental Protection Agency. If a project so complies with the State's strategies to reduce greenhouse gases to the levels proposed, it would follow that a project would have a less than significant cumulative impact to global climate change. Projects can insure compliance with the strategies by including vehicle trip reduction meas- ures, increasing energy efficiency beyond Title 24 requirements, providing multi -modal transportation options, increased recycling and incorporating green building technology. BIOLOGICAL RESOURCES EIP /PBS &J will address the potential effects of the proposed Sonoma Mountain Village project on bio- logical resources present, or potentially present on the project site. EIP /PBS &J biologists have exten- sive experience in Sonoma County; and are familiar with the special - status plants and wildlife of the re- gion.. Based upon our experience, we anticipate the following to be key biological resource issues ad- dressed in the EIR. • Vernal pool plants - Our previous experiences in Sonoma County have shown vernal pools to be a very prominent feature. If present on site, they will need to be surveyed for special status plants such as Sebastopol meadowfoam, and other species listed in the Santa Rosa Plain Ver- nal Pool Ecosystem Preservation Plan. • California tiger salamander - The California ti- ger salamander is known to frequent the general area. The Sonoma County population is listed as a federally endangered species. Grassland habitats in the project area may support aestiva- tion (hibernation) habitat for this species, and any seasonal wetlands that may be present on- site could potentially support California tiger salamander breeding. ■ Burrowing owl — The proposed project occurs within the range of the burrowing owl which is protected by the Federal Migratory Bird Treaty Act, and is a species of Special Concern with the California Department of Fish and Game. Bur- rowing owls are year -round residents in open grasslands and shrub habitats where they use small mammal burrows and artificial structures for nesting and cover. This species may use grassland habitats in the project area for nesting and foraging. Other local issues may include effects to raptors and other migratory birds (e.g., white - tailed kite, tricol- ored blackbird, and loggerhead shrike), federally protected wetlands, and wildlife movement corri- dors. The following describes the specific steps that EIP will undertake to accomplish the study of im- pacts to biological resources at the project site. First, EIP /PBS &J will conduct background research to determine what special- status species would be expected to occur in the Sonoma Mountain Village project area. This research will include queries of Technical Expertise & Issues Analysis 29 Proposal to Prepare 'an Environmental Impact Report (EIR) forthe Sonoma Mountain Village the California Department of Fish and Game's Natural Diversity Data Base (CNDDB), the Cali- fornia Native Plant Society's Online Inventory, and the U.S. Fish and Wildlife Service's online Special- status Species Database. EIP's knowledge of habitats and special- status species in Sonoma County, and any project information provided by the applicant (to be verified) will be used to focus the list of spe- cies compiled from the above sources to those most likely to potentially occur in the project area. Second, EIP /PBS &J will conduct a reconnaissance level visit to the project site to identify, or confirm habitat types. Information on habitats present at the site will be used to assess the likelihood.that the pro- ject area supports any of the special- status species identified through background research described above. Additionally, a list of plant and wildlife spe- cies that are observed during the survey will be . collected for use in preparation of the Biological Resources section of the EIR for this project. Al -- though no focused special- status species surveys are included in this scope, any incidental sightings of special- status species during the survey will be re- corded for use in the EIR. During the survey, EIP /PBS &J will also conduct a wetland assessment to determine if. wetlands or other waters of the United States that are subject to U. S. Army Corps of Engineers jurisdiction are pre- sent on the project site. All relevant data will be mapped for informational purposes. This informa- tion will be used to determine the necessity to conduct a formal, wetland delineation for this pro- ject, and to focus efforts to mitigate for the potential loss of on -site wetland areas if should a delineation become necessary. The wetland assessment_ will be conducted concurrently with the visit to the site. Third, The Biological Resources section of the EIR will contain a detailed description of the existing biological resources at the project site and will in- clude all pertinent information collected during conduct of the work. Additionally, the section will identify any potential impacts to identified biologi- cal resources that may occur as a result of the proposed project, and provide recommended miti- gation measures for those impacts. 30 Technical. Expertise & Issues Analysis CULTURAL RESOURCES ,The Cultural Resources section of the EIR will as- sess the project's potential effects on historical and archaeological resources in. accordance with the re- quirements. of CEQA. The Cultural Resources section.will include a.prehistoric, ethnographic, and historic setting for the project area; descriptions and evaluations of any known cultural resources on the project site; a regulatory setting that identifies appli- cable state; federal; and local regulations that pertain to cultural resources; and an impact analysis of po- tendal project- specific and cumulative effects. Where possible, mitigation measures to reduce or eliminate adverse impacts on cultural resources to less - than - significant levels will be identified. Based on previous surveys in the region and a review of the site topography, the sensitivity for the presence of prehistoric and historic period cultural resources appears to be low. The Cultural Resources section of the EIR will be based on technical report prepared by Peak & Asso- ciates, Inc., who will work under contract to EIP /PBS &J. The preparation of the technical report will include the following steps. A records search will be conducted through the Northwest Informa- tion Center of the California Historical Resources Information System. Records of any previously identified cultural resources within or near the pro- ject area will be requested. Historic - period snaps will also be examined for pertinent information. Infor- mation on previous surveys within the study area will be collected. • A letter will be sent to the Native American Heritage Commission requesting a check of the Sacred Lands Inventory. Letters will then be sent to identified Native American individuals and groups requesting information on resources of concern on or near the project site. • If the records search determines that the project site has been recently and thoroughly surveyed by cultural resources professionals, an archaeo- logical field survey of the project site will not be required and no charge will be made. If the re- cords search determines that a field survey will be required, a survey will be conducted by a team of experienced archeologists. The survey - ors will utilize 10- to 15 -meter survey intervals to ensure adequate coverage of the project site. Deviation from these intervals will only occur if LJ Proposal to. Prepare an Environmental Impact Report .(EIR) for the Sonoma Mountain Village there are physical impediments to the coverage. Omitted areas will be delineated on the field map and will be shown on maps included in the technical report. Areas of previous develop- ment will be spot - checked, but it is unlikely that resources would be visible in these areas. Any newly - discovered resources will be re- corded to the standards of the California Historical Resources Information System. Scaled sketch maps will also be prepared. Sites will also be drawn on the project topographic map. A report that meets the requirements of CEQA will be prepared detailing the previous research, cultural history of the project area, the results of the field survey (if conducted), Native American consultation, site evaluations, poten- tial project impacts, and recommendations. The report will contain a confidential appendix with site forms, site sketch maps, and location maps if sites are discovered. Should it be desired, the report can also be written using the federal cri- teria and the guidelines of the Corps of Engineers to allow it to be used for the Section 106 review should the project require a permit from the Corps of Engineers. HAZARDS AND HAZARDOUS MATERIALS About half the project site is undeveloped agricul- tural land that has been exposed historically to pesticides and herbicides used in the routine opera- tion of agricultural production activities. The other half is industrial -use land that could be expected to contain residuals of household hazardous materials (fuels, paints, solvents, cleaners, disinfectants, met- als, and pesticides) as well as building materials containing asbestos or lead, and potentially toxic manufacturing components. The historic uses of the site will be evaluated in the EIR for their potential effects on future uses as proposed. The project pro- poses the development of land for a variety of uses including parks, residential, retail, and public facili- ties uses that could involve the use, storage and transport of hazardous materials. The potential for these activities to affect the environment will be evaluated in the EIR. The analysis will present an overview of the federal, state and local regulations that apply to the routine transport, storage, use, and disposal of such materi- als. Based on the. proposed land use categories and City zoning regulations . for those laird use catego- ries, the EIR will summarize the types of hazardous materials likely to be used on the project site and the potential for these hazardous materials to create risks to the general public. EIP /PBS &J will describe existing conditions of the project site to determine whether the potential ex- ists for workers, the public, or the environment to be.exposed to hazardous materials during construc- tion or operation of the project. This evaluation will be based on a detailed review of regulatory agency databases including records contained at the Regional Water Quality Control Board (leaking underground tanks), the California Health Depart- ment and the California Department of Toxic Substances control to determine if the project site or surrounding sites are included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5. The results of known and available Phase I Environmental Site Assessment(s) prepared for parcels in the proposed project area will be incorporated in the description of existing conditions. The hazards analysis will identify any adopted emergency response plans and will discuss whether the proposed project would have any po- tential to interfere with such plans. If existing laws, regulations, and standards do not appear to be sufficient to minimize potential haz- ards, the analysis will include additional recommendations for mitigating potential hazards and hazardous materials impacts as appropriate. If a Phase I Environmental Site Assessment is pro- vided by the project sponsor, that information will be considered in determining the potential impacts related to historical uses of the project site including historical product use and /or disposal /leakage on the project site. HYDROLOGY AND WATER QUALITY Proposed development of the Sonoma Mountain Village site would pose several potential impacts to hydrology and water quality. The change in land use as a result of the project would create nearly 1900 dwelling units and about 600,000 square feet of commercial, office and public -use buildings where industrial and agricultural land now exists. The pro- ject would include a staged construction program Technical Expertise & Issues Analysis 31 Proposal to Preparean Environmental Impact Report (Elk) for the Sonoma Mountain Village and could result in potential impacts to I existing drainage ways, on and adjacent to the site, that drain to Laguna de Santa Rosa and the Russian River. Construction of mixed -use development and associ- ated grading changes would modify existing drainage patterns, and create an increase in the total amount of impermeable surface on the site resulting in an associated increase in stormwater runoff from the project area. Because of the proposed land use changes and overall decrease in surface roughness, the project site would generate faster conveyance of stormwater runoff, increased flow peaks, and in- creased flow volumes. Parkland is proposed throughout the site, with a concentration along the downgradient (west) boundary that could mitigate the increases in runoff associated with the project. This concept will be evaluated in the EIR and meas- ures will be recommended, as needed, to address potential impacts to hydrology and water quality to reduce impacts to less than significant levels. EIP /PBS &J's assessment of the existing local and regional hydrologic conditions of the project area will focus on criteria related to site drainage, stream flows, flood hazards, water quality, and groundwa- ter issues. The hydrologic analysis will consider the existing drainage pattern, proposed site grading, al- ternative drainage designs, the potential for site erosion, and potential impacts on the local water- shed, including groundwater recharge. The analysis will address requirements of the City of Rohnert Park, the Sonoma County Wa- ter Agency (SCWA), updated Regional Water Quality Control Board (RWQCB) require- ments and NPDES permitting (Phase II effective 15 March 2003). EIP/ PBS &J will evaluate the impact of the proposed project on local and regional hydrologic resources, including possible infringement on the Zone B floodplain in the northwest corner of the project site. The analysis will address possible requirements for the fill and disposal of excavated materials within flood -prone areas in accordance with existing or- dinances. The development of mitigation measures, which would include recommenda- tions for the preparation of the 'required Storm Water Pollution Prevention Plan (SWPPP) and /or an erosion control plan, a review (and possible updating of) the area drainage plan, and addi- tional construction specifications would be 32 Technical Expertise & Issues Analysis intended to.. maintain water quality conditions and peak flows from the site at pre - development levels. Recommendations will be consistent with policies described in the current Rohnert Park General Plan. According the General Plan, no portion of the project site is in a 100 year floodplain, although the northwest corner. may be in a 500 year floodplain. The area .is drained by a. pipe system (at least 48 inch diameter), and an open channel. EIP /PBS &J will determine the potential for both direct and secondary flood -event impacts. Impacts analyzed in this section of the EIR will be cross - referenced to the utilities (storm sewer) section of the document for continuity between sections. The final design and placement of site drainage facilities and their integration with the exist- ing drainage system may. include specific drainage design and structural control measures for the site. Potential mitigation measures could include best management practices (BMPs) associated with the control of non -point source pollution during project construction and a long -term strategy for reducing runoff, erosion, and associated impacts to local surface water .and groundwater. Site - specific recommendations will be made to control storm- water, reduce flood hazards or drainage flow restrictions; and maintain existing water quality. \I Land uses surrounding the Sonoma Mountain Vil- lage site east of Bodway Parkway are semi -rural in character. Conversely, recent residential subdivison development and the Agilent Technologies campus complex that comprise a more urban landscape are located immediately west of Bodway Parkway op- posite the Southeast Specific Plan project site. Excluding a five -acre parcel in the northeast portion of the Specific Plan site with a residence and associ- ated outbuildings, the Southeast Specific Plan project site is vacant and has been used for the grow- ing of hay. The land use analysis will first define existing and historical trends in land use in the east Rohnert Park area to establish a basis for the setting. Next, potential future land uses under the Sonoma Moun- tain Village as proposed will be described with attention given to potential effects on the sense of Proposal to. Prepare an Environmental Impact Report (EIR) for,the Sonoma Mountain Village community character. The current status of agricul- tural land uses on the site and within the project area will be documented.. Land use densities, parcel size, and the relationships between existing future land uses and land use transitions will be explained. The land use impact analysis will focus on potential physical change in land use and potential land use conflicts between proposed uses of the Sonoma Mountain Village project site and existing and po- tential future adjacent land uses surrounding the Sonoma Mountain Village project site. It is noted that the Canon Manor Specific Plan area abuts the north margin of the Sonoma Mountain Village site and will be reviewed for compatibility issues. De- pending on the land use impacts identified, potential mitigation measures could include building setbacks, buffers, or other site planning considerations as ap- propriate. Since land use conflicts are generally physical in na- ture, they are also typically analyzed in other technical sections of an EIR (noise, visual quality, traffic, etc.). Thus, the impact and mitigation discus- sion will summarize and cross - reference the technical analysis developed in other sections of the FIR as appropriate. NOISE The project site is located on the southeastern edge of Rohnert Park's developed lands, at a place where the City's suburban residential development gives way to open lands with scattered rural residential uses. The northern part of the site contains the for- mer Agilent office campus (now used for warehousing and offices), which will be incorpo- rated into the proposed mixed -use development for the site; the southern pan of the site is vacant. Camino Colegio and Bodway Parkway, the main roads that provide motor vehicle access to the site, are lightly traveled at present. The major regional motor vehicle access route, US Highway 101, passes about a mile west of the project site. The currently unused Northwester Pacific Railroad (SMART) right -of -way is located directly adjacent to the pro- ject site's western boundary. At present, there are no noise - sensitive land uses on the project site, nor is it expected there are any ma- jor noise sources generated on the site that would affect existing off -site noise - sensitive land uses. This would change with the project's introduction of on- site residences, office use, parks, etc., and their pos- sible inclusion among less noise- sensitive uses. and on -site noise sources. Also, the.project would gener ate large volumes of motor vehicle traffic that would access the site via roadways passing many existing residential and other noise - sensitive uses in the site vicinity. Finally, there are plans that may call for the eventual resumption of freight or pas- senger service on the rail line west of the site; noise from these operations could have a disruptive effect on adjacent project land uses. EIP /PBS &J will assess the potential for traffic (and possible railroad) noise impacts on existing and pro- posed noise - sensitive land uses and the compatibility of the proposed project's mixture of on -site noise - sensitive and noise - generating land uses as reflected in the project Final Development Plan. The EIR's noise setting will briefly summarize acoustical terminology and the physical characteris- tics of sound, the nature of environmental noise, the quantitative descriptors of noise .impact, and the relevant federal, state and local standards for assess- ing noise impacts. The Noise discussion will also present information on the existing noise environ- ment on /around the project site as gathered through a comprehensive site survey with noise monitoring at locations sufficient to characterize ambient noise levels on /around the site and to pro- vide calibration data for noise models. Monitoring locations will be selected based on the location of present and future noise - sensitive receptors (e.g., existing and proposed residences, recreational areas, etc.). Potential noise impacts from project construction will be evaluated based on anticipated project con- struction schedules, project phasing and available construction equipment noise emission data. Poten- tial noise impacts from project operation will be estimated using the US Department of Transporta- tion's Traffic Noise Model (TNM), the Federal Transit Administration's railroad noise modeling methodology, and the well- accepted rules that relate noise exposure to distance from stationary sources. These models will use project- specific traffic data, railroad operation data, and stationary source type /location data from the project site plans. Where significant noise impacts are found, appro- priate mitigation strategies (e.g., sound barriers/ Technical Expertise & Issues Analysis 33 I Proposal to Prepare an Environmental Impact Report (EIR) for the Sonoma Mountain Village berms, increased landscaping buffers, alterations to the proposed land use mix, building massing and orientation, etc.) will be developed where feasible. POPULATION AND HOUSING The analysis of population and housing in accor- dance with the CEQA Standards of Significance as adopted by the City of Rohnert Park ties in closely with the analysis of growth inducements as required under CEQA. Project phasing is planned based on the City's Growth Management Ordinance and General Plan that require phased and controlled development according to specified criteria includ- ing infrastructure availability. With the existing baseline for the City of Rohnert Park and conditions in the project area established, this portion of the EIR will provide an estimate of future employment and residential population as would be anticipated with new construction and adaptive reuse of the existing buildings up to the point in time of full project implementation. Project development phasing will be considered in the analysis and compared to growth due to cumu- lative development in Rohnert Park as a whole. This section will calculate the net effects on popula- tion through jobs and housing development as appropriate and compare the project growth to the total jobs and population total projected for Rohnert Park. A discussion of the jobs /housing balance ratio as would affect or potentially reduce commuting and dependence on the automobile will be included. Data from the Association of Bay Area Governments will be used to characterize project net effects such as the change in population and households. In addition to presenting the absolute magnitude of the net changes, these changes will be compared to existing conditions as percentage in- creases and to projected growth as percentage shares. Based on the estimate of future employment, total housing demand will be estimated along with that portion expected to reside in Rohnert Park. On the issue of affordable housing, City Ordinance 677 requires that at least 15 percent of all new dwell- ing units in a residential developments of five or more units shall be affordable to low- and moderate- income households, or that equivalent housing in- lieu fees be paid prior to the issuance of a building permit. Accordingly, as noted in the Final Devel- 34 Technical Expertise & Issues Analysis opment Plan, Section'iII, Executive Summary, Item B. 1.1, Affordable Housing Program, conformance with City Ordinance No. 677 (Municipal code chapter 17.70), would be fulfilled through a' variety of programs including subsidized and for rent hous- ing, second. dwelling 'units, the construction of affordable housing, solicitation of non- profit hous- ing enterprises, condominium' construction; and. other programs. These aspects of the project will be detailed and described .as proposed and a confor- mance assessment with Ordinance 677 provided. PUBLIC SERVICES AND UTILITIES Owing to the size of the project, including new residential, commercial, office and civic develop- ment, the providers of public services and utilities would be expected to face increased demand on their services and facilities. The public services and utilities section will charac- terize and assess the Sonoma Mountain Village's effects on police services, fire and emergency ser- vices, schools, parks and recreation, water, wastewater, solid waste, and gas and electricity. Each service provider will be contacted for informa- tion on existing conditions, for their. evaluation of potential project impacts, and for special service provision issues that might be involved. Applicable Federal, State and local regulations concerning the provision of public services and utilities will be dis- cussed. A recent memo from the Department of Public Safety to Maureen Rich, Senior Planner (1/3/06) indicates that street widths, turning radi- uses and access would not meet the current City of Rohnert Park standards, that access for fire appara- tus would be difficult, that the project needs specific site review for access and that further evaluation is needed to determine if reclaimed water would be reliable and compatible for fire suppression. The need for increased manpower and equipment to ac- commodate the project is also noted in the memo. These expressed concerns will be addressed. First, EIP /PBS &J will identify existing service issues, ser- vice levels, and service capacity as opportunities and constraints. The evaluation of fire, emergency and police protection services will focus on station loca tions, staffing, and response times and the capability to effectively serve the Sonoma Mountain Village (annexation) area under developed conditions. The discussion on schools will concentrate on public Proposal to Prepare an Environmental Impact Report (EIR) for the Sonoma Mountain Village schools that serve the east Rohnert Park area. A primary concern would include the potential inabil- ity for a local school district with limited capacity to accommodate proposed development within the project area. This is anticipated to be determined through the EIR Notice of Preparation process and direct contacts with the school districts that serve the project area. Existirig and projected capacity of the schools serving the project area will be pre- sented. Second, EIP /PBS &J will calculate service demands for each type of service. Accepted, engineering, planning, or community service standards used by local service providers will be identified. The So- noma Mountain Village project's net effects in terms of additional resources (equipment, infrastructure, personnel), required by service providers to main- tain acceptable standards of service will be documented. Based on the population increase, the demand for recreation facilities and services, as may be offset through the 5.8 acres of neighborhood park space, will be assessed along with the City Parks Department plans for other park facilities within the City. Also, it is known that water and sewer lines will have to be extended to serve new development. Infrastructure routing and facility/ equipment needs will be identified as required in the assessment of impacts. Water supply is a known critical issue in the project area and a thorough Wa- ter Supply Assessment is proposed for preparation as part of this proposal (see Section 7, Task 4), to assist the City of Rohnert Park, as Lead Agency under CEQA for the Sonoma Mountain Village project EIR, in satisfying the requirements of Senate Bill 610 and City Resolution Number 2004 -95 (the Water Policy Resolution). Third, EIP /PBS &J will specify mitigation measures for all public service and utility significant impacts to eliminate impacts or to reduce them to less-than- significant levels. PLANNING POLICY AND RELATIONSHIP TO PLANS A Preliminary Development Plan was approved by the Planning commission on May 11, 2006. A Final Development Plan has been prepared that estab- lishes the P -D Zoning district and describes the nature, character and location of all development within the project property. The Development Plan is to provide a framework for preparation of the EIR under CEQA. As a result, while General Plan map and text amendments necessary for project ap- proval have been identified for the project, it has not been determined whether the project as pro- posed would be consistent with the many applicable goals and policies of the Rohnert Park General Plan inclusive of all its recently adopted elements includ- ing Land Use, Community Design, Transportation, Open Space and other elements. This portion of the EIR will provide a consistency analysis of the Sonoma Mountain Village project with respect to the applicable goals and policies of each Element of the General Plan. Amatrix format is planned to be established with the relevant Gen- eral Plan goals and /or policies noted in the left hand column with a project consistency analysis provided in the immediate right hand column. Any potential inconsistencies identified as, an outgrowth of the analysis of each technical section of the EIR will be rectified through the appropriate mitigation meas- ures to the extent reasonably possible. Although each technical section of the EIR will address impact and mitigation issues as explained further herein, for comprehension, all General Plan issues related to the Sonoma Mountain village project will be docu- mented in this section of the EIR and will set the stage for the presentation of EIR technical sections and environmental review in subsequent sections of the EIR. SOILS, GEOLOGY AND SEISMICITY The project site is a very gently southwest sloping parcel near the southern end of the Santa Rosa plain at elevations between about 145 and 117 feet above mean sea level. The soil is recent alluvial clay of the Clear Lake association. The Santa Rosa plain forms the center of the Sonoma Valley, a major valley of the Coast Ranges Geomorphic Province. Major val- leys and ridges in this part of California trend northwesterly, more or less parallel to the trends of significant fault segments, defining one of the most active seismic regions in the United States. Two features dominate the geology of the Sonoma Val- ley: the Hayward - Rodgers Creek fault zone, and the potentially unstable nature of the steep slopes along the valley walls. Because the project site is nearly flat, although very close to the eastern valley wall, there is little risk from potentially unstable slopes. Technical Expertise & Issues Analysis 35 Proposal to Prepare an Environmental Impact Report (EIR) for the Sonoma Mountain Village The site is about three miles southwest of the Alquist - Priolo Earthquake Fault Zone, delineated by the State, along historically active segments of the Hayward- Rodgers Creek fault. This fault•has the potential to pose hazards for the site, although the City's recently updated Building Code would miti- gate such hazards: In general, residential /commercial mixed -use devel- opment, such as proposed for the project site, would have no little or effect on the geology of the area, but would be subject to seismic groundshaking from local and regional earthquakes. Development of the project site would have some effect on the soils through the grading of roads and building lots, and would have the potential to increase erosion during the construction period. The latest geotechnical documentation for the area that contains mitigation measures for these effects post -dates the adoption of the City's updated July 2000 General Plan and the adoption of the 2001 California Building Code. Al- though the geo - seismic and soil conditions have not changed substantially through the time preceding these adoptions, the knowledge and treatment of them was undergoing considerable revision during the same period. Consequently, it is important to review the current understanding of geologic and seismic conditions in the EIR, and to ensure current policy and code compliance, even though it appears that these are mitigated to less than significant levels by the General Plan EIR and subsequent revisions to the Building Code. The purposes of current environmental review of soils, geology and seismicity for the project site are three -fold: first, to identify potentially hazardous geologic and seismic conditions that affect the area (i.e., constraints related to groundshaking, liquefac- tion, weak soils, etc.); second, to identify potential alteration of the soils and topography of the area (i.e., impacts of the proposed project on soil strength and stability); and third, to provide infor- mation that will indicate how those impacts are to be reduced, eliminated or avoided (i.e., mitigation measures, presentations of City policies, explana- tions of Building Code requirements, etc.). There is a recent geotechnical investigation report for the Southeast Specific Plan site, adjacent to the project site that will be reviewed by one of EIP /PBS &J's California Registered Geologists for 36 Technical Expertise .& Issues Analysis relevance to the proposed project. Together with other published sources of engineering and geologic documentation, this will be an important part of the basis to prepare the EIR evaluation of the soils and geo- seismic conditions at the project site. EIP /PBS &J will conduct a field reconnaissance of the project area to observe natural or man -made hazards. The analysis will. focus on the geologic and seismic hazards at the project . site, and on the sur- face modification inherent in the project proposal. Although the project site is nearly flat, the site would be. subject to violent seismic groundshaking hazards caused by a characteristic earthquake (Mo- ment Magnitude 7.1) on one of the active segments of the nearby Hayward - Rodgers Creek fault. The analysis will consider the seismic and soil stability effects on new structures and their occupants. These include temporary soil /slope instability caused by grading; erosion potential and increased hazards produced by potential failure of foundation sup- port; and strong seismic. groundshaking. Design recommendations to control potential adverse ef- fects will be identified and evaluated in the context of relevant State and City regulations, including the General Plan development goals and policies related to soils, seismic safety, groundshaking, liquefaction, and other ground failures. If further safeguards ap- pear necessary, mitigation measures will be recommended to achieve optimum environmental protection, taking into account site soils, subsurface geologic conditions and seismic conditions of the region. TRAFFIC AND CIRCULATION At EIR inception, a meeting with City traffic engi- neering and planning staff will be initiated to discuss the project and scope of work that includes the traf- fic and circulation studies (see also the discussion under Task 7 below, Conduct Meetings and Hear- ings). At this meeting consensus will be obtained on the approach, methodologies, scenarios, format, significance standards and all critical features and assumptions for the traffic and circulation analysis. Detailed meeting minutes including the amended final scope of work will be prepared documenting the results of this meeting. The draft minutes and scope will be circulated for review, comment and approval. Based on comments received on the draft minutes and scope, a final set of minutes and scope Proposal to Prepare an Environmental Impact ,Report. (EIR) for the Sonoma Kountain Village of work for the project will be sent to all study par- ticipants. The following defines the. steps to be undertaken in the traffic and circulation analysis. Project Trip and Parking Generation The volume of traffic to be generated by the So- noma Mountain Village project will be estimated based on information presented in Trip Generation (Institute of Transportation Engineers, 7th Edition, 2003). Estimates of inbound and outbound vehicle trips will be developed for the AM and PM peak hours, and for the entire day. Project trip genera- tion estimates will account for the elimination of any trips associated with existing land uses to be removed, mixed use and internal trip making char- acteristics and transit usage. These estimates will be crossed checked with the calibrated trip generation characteristics of land uses within the area in the Rohnert Park travel demand model. The proposed on -site parking supply will be evaluated against the expected parking demand based on industry stan- dard methods and City Code requirements. Project Trip Distribution The preliminary directional distribution of the site - generated traffic onto the roadway network will be estimated based on information from the Rohnert Park travel demand model, regional travel demand model, existing travel patterns and traffic volumes in the area. The preliminary distribution and as- signment of project traffic will be submitted to City of Rohnert Park staff for review and comment. Any necessary revisions will be made to the preliminary distribution. Based on this final trip distribution, project generated trips will be assigned to study area roadways for the impact analysis. Trip assignments will be to and from all internal roadways and turn- ing movements shall be shown for internal roadways as well as all study intersections. Perform Data Collection Based on our review of the study area and prelimi- nary trip generation and assignment estimates, we believe that the following twenty -six intersections comprise the study area for the project wherein the new traffic could be reasonably expected to result in a significant adverse impact: ■ Petaluma Hill Road /East Cotati Avenue; ■ Petaluma Hill Road /Valley House Drive; ■ Petaluma Hill Road /East Railroad Avenue; ■ Petaluma Hill Road /Adobe Road; • Main Street /Old Redwood Highway North; • North McDowell Boulevard /Old Redwood Highway North; • US 101 Northbound Ramps /Old Redwood Highway North; • Bodway Parkway /East Cotati Avenue; • Bodway Parkway /Camino Colegio; • Bodway Parkway /Valley House Drive; • Bodway Parkway /East Railroad Avenue (fu- ture); • Railroad Avenue /Old Redwood Highway North; • US 101 Northbound Off- -Ramp /West Railroad Avenue; • Snyder Lane /Rohnert Park Expressway; • Snyder Lane /Southwest Boulevard; • Snyder Lane /East Cotati Avenue; • Camino Colegio /East Cotati Avenue; • Camino Colegio /Mitchell Drive; • Camino Colegio /Mancester Avenue; • Old Redwood Highway North /Cotati Avenue; • Adrian Drive /East Cotati Avenue • Lancaster Drive /East Cotati Avenue • Lasalle Avenue /East Cotati Avenue • Gravenstein Highway (116) /Old Redwood Highway North; • Gravenstein Highway (116) /US 101 Northbound Off -Ramp; and • Gravenstein Highway (116) /US 101 Southbound Ramps. AM and PM peak hour turning movement counts will be collected at the 23 study intersections listed above. Counts will be collected during non- holiday midweek days (Tuesday to Thursday). In addition, daily and peak hour counts will be obtained from Caltrans for critical freeway segments in the study area. The following mainline segments of US 101 will be evaluated as part of the transportation analy- sis: • US 101 between East Washington Street and Petaluma Boulevard /Old Redwood Highway; • US 101 between Sierra Avenue and State Route 116; and • US 101 north of Rohnert Park Expressway. Both northbound and southbound sections of US to will be evaluated for all three segments. Technical Expertise & Issues Analysis 37 Proposal to Prepare an Environmental Impact Report (EIR) for the Sonoma Mountain Village Traffic Impact Analysis Operating conditions will be assessed at the study intersections and freeway segments for the follow- ing five scenarios: • Existing Conditions • Existing plus Approved Projects Conditions • Existing plus Approved Projects plus Project • Conditions • Cumulative Conditions • Cumulative plus Project Conditions The analysis of the study intersections and freeway segments will use the methodology and criteria of the Transportation Research Board's 2000 Highway Capacity Manual. As part of the existing conditions analysis, a field inventory of roadways and intersec- tions, parking facilities, bicycle paths, and pedestrian corridors in the project study area will be assembled. This inventory will include general street widths, intersection turn lanes, traffic control de- vices, provisions for bicycles and pedestrians, transit facilities and access issues. A list of approved projects within the study area will be assembled, including projects in Rohnert Park, Cotati, Petaluma and Sonoma County. Where available, traffic impact analyses prepared for spe- cific projects will be obtained for use in the Existing plus Approved Projects scenario. Where studies are not available, a trip generation, distribution and assignment analysis will be performed, similar to that described above for the proposed project. The City and regional travel demand models will be used to establish cumulative traffic conditions through- out the study area. Committed circulation improvements will be documented and included in the future year traffic base, thus affecting the future year circulation sys- tem capacity values. These improvements will be derived from the capital improvements projects list (CIP) of all affected jurisdictions, and mitigation measures from approved projects in the study area. To the extent possible, the proposed plan will be reviewed for adequate circulation and access based on City standards, AASHTO standards and Cal - trans design policies. The on -site circulation and access analysis will determine proper turn storage and sight distance at main project access locations. 38 Technical Expertise & Issues Analysis Internal roadways and intersections will be re- viewed to determine- if safe and adequate cross' sections are proposed throughout the project area.' . Bicycle, Pedestrian and Transit impact Analysis The project proposes a network of bicycle and pe- destrian improvements and connections, including stairs, bicycle lanes, and. bicycle and pedestrian paths. This network will be reviewed at two levels. First, the proposed facilities will be assessed relative to City standards, American' Associaft.ori of State Highway and Transportation Officials- (AASHTO) standards and Caltrans. design policies to determine if they meet engineering standards for safe and ade- quate facilities. Secondly, the project area will be reviewed to determine if additional opportunities for pedestrian and bicycle connections are available. The amount of transit traffic to be generated by the project will be calculated using information from the US Census. The effects of this new transit traffic on local transit providers and lines will be docu- mented and described. Travel Demand Management All Travel Demand Management (TDM) measures proposed by the project will be described and -their effectiveness will be assessed. In addition, additional project specific TDM measures will be developed and proposed to help off -set project traffic increases. Potential TDM measures could include — secure bicycle storage, showers and changing rooms, tran- sit subsidies, shuttles, preferential parking for carpools, telecommuting incentives, transit, bicycle and pedestrian facilities, and a dedicated TDM coor- dinator. The project will be assessed, and all TDM measures will be developed in accordance with the City's. Growth Management Ordinance. Identify Impacts and Mitigation Measures Based on the results of the level of service analysis, any significant adverse impacts will be identified in accordance with adopted City of Rohnert Park Thresholds of Significance standards. Mitigation measures will be developed for all identified im- pacts. Project contributions to any significant cumulative impacts will also be identified. Alterna- tive mitigation measures will be discussed with City staff during the analysis period and included in the EIR analysis. Proposal to Prepare an Environmental Impact Report (EIR) for the Sn.aaoma Mountain Village L� Work Program & Deliverables The following describes EIP's work program and document deliverables in preparation of the Sonoma Mountain Village Program EIR. Because implementing the Sonoma Mountain Village project will be phased over a period of years, the EIR will be developed as a Program EIR. This would be consistent with CEQA Guidelines Section 15165 regarding projects that are phased where a single Program EIR shall be prepared for the ultimate project. A Program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project (CEQA Guidelines Section 15168). The intent is to deal with all project activities, including subsequent activities of-the program, as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in the program EIR and no further environmental documents would be required. The work program is based on information contained in the Sonoma Mountain Village Final Development Plan text and maps, project site inspections, EIP /PBS &J local experience in addressing environmental issues respecting the Southeast Specific Plan project, experience in preparing EIRs for projects of similar land use mix and magnitude, and our knowledge of CEQA requirements. EIP /PBS &J's work program is divided into the following specific tasks to facilitate overall coordination of the work and project management. Task 1. Define the Project, Review Data and Determine Existing Conditions Task 2. Conduct Scoping Meeting Task 3. Prepare Administrative Draft EIR Task 4. Prepare Water Supply Assessment Task 5. Prepare Draft EIR Task 6. Prepare Mitigation Monitoring and Reporting Program Task 7. Conduct Meetings and Hearings Task 8. Prepare Final EIR The list of deliverables is as follows: • Report of EIR agency /public Scoping findings. • Administrative Draft EIR —Ten (10) copies. • Draft EIR — One - hundred (100) copies plus one (1) reproducible copy and one (I) electronic copy in PDF format. • Administrative Final EIR —Ten (10) copies. • Final EIR — One - hundred (100) copies plus one (1) reproducible copy and one (1) electronic copy in PDF format. • Administrative Draft Water Supply Assessment - Ten (10) copies. Work Program & Deliverables 39 D4:1093.97:0307 Proposal to .Prepare an Environmental Impact Report (EIR) for the Patterson Ranch Planned District • Draft Water. Supply Assessment Ten (10) copies. • Final Water Supply Assessment - Twenty-five (25) copies plus one (1) reproducible copy and one (1) electronic copy in PDF format. ■ Administrative Draft Mitigation Monitoring and Reporting Program —Teri (10) copies. ■ Mitigation Monitoring and Reporting Program — Twenty -five (25) copies plus one (1) reproducible copy, and one (1) electronic copy in PDF format. TASK 1. DEFINE THE PROJECT, REVIEW DATA AND DETERMINE EXISTING CONDITIONS Working with Planning Department staff, EIP /PBS &J will verify the characteristics of the Sonoma Mountain Village project as defined and presented in the Final Development Plan (November 22, 2006), and collect all supporting project description materials and other project documentation as necessary. At the outset of work on the Administrative Draft EIR, the study team will be given all project description materials and maps, as provided by Department staff. EIP /PBS &J will gather existing data, reports, studies, and any relevant EIRs that define existing conditions on or near the Sonoma Mountain Village project site. In addition, EIP /PBS &J maintains a comprehensive library of planning and environmental research materials covering a broad range of subject areas. Table 1 lists specific materials requested (as available) to begin work on the EIR and notes those items currently on hand. Other materials not listed in Table 7 -1 and in the EIP /PBS &J files are expected to be used in the studies as well. Table 7 -1. Items Requested for Administrative Draft EIR Item Status Sonoma Mountain Vi age Final Development Plan text and maps. On fi e Rohnert Park 2020 General Plan On fi e General Plan EIR On fi e City Zoning Code On fi e Aerial P otograp ' On tle i - General Aerial is in file. Aerial with increased resolution 40 Work Program & Deliverables D4- 1093.97:0307 Site grading plans On file Any studies commissioned y Not on file the applicant (wetlands, Natural Resources Conservation Program, etc.) County City Community Separator On file Agreement Growth Management Ordinance On e City of Rohnert Park Ordinances On e 677, 676, 671, 667 City/South County Settlement On file Agreement Southeast Specific Plan EIR On e. University District Specific Pan Not on e EIR Northeast Specific Plan EIR Not on e Field inspections will be necessary to familiarize the project team with existing site and surrounding area conditions. This knowledge will help to verify existing data, determine the need for further technical data, and assess the need for additional field information or more detailed site investigations as necessary as EIR preparation progresses. Site investigations will be conducted to supplement existing information. EIP /PBS &J team and subconsultant staff will visit the Sonoma Mountain Village project site to assess existing physical conditions with respect to land use; view access, view corridors and existing structures; traffic circulation and safety; drainage and existing drainage improvements; soil conditions; vegetation and associated biologic resources; cultural resources; noise exposure and other features of the Sonoma Mountain Village project site and surrounding area as required. To assess Sonoma Mountain Village project impacts, EIP /PBS &J will conduct an independent review an analysis of any technical studies and documents for the project that have been submitted.to the City Planning Department -by the project applicant (see Table 7 -1 above). The review and analysis will indicate conclusions that maybe in question, or whe re additional study may be required to substantiate conclusions. Based on existing information and inquiries about the project, a significant amount of technical data is not expected from the project applicant at this time. It is expected that most, if not all technical data will be Proposal to Prepare an Environmental Impact Report (EIR) for the Sonoma Mountain Village generated by the EIP /PBS &J and its subconsultant team. However, EIP /PBS &J's analysis of impacts and mitigation measures for the EIR will fill in any gaps in the analysis and conclusions contained in project- sponsored reports, as necessary while making maximum use of existing information. TASK 2. CONDUCT SCOPING MEETING Senior EIP /PBS &J project staff will assist Planning Department staff to convene and conduct a public/ agency scoping meeting to discuss the scope and content of the EIR. The Planning Department will advertise for the scoping meeting at the outset of work. EIP /PBS &J will collaborate with the Department in the design, preparation, and presentation of graphic exhibits as necessary to conduct a successful public /" agency scoping meeting. At the meeting, the City's project manager might describe the proposed project, and EIP's project manager might provide an overview of CEQA, describe the purpose of the EIR and EIR scheduling, and answer any questions the audience may have regarding the environmental review process and schedule. All comments will be collected and summarized by subject category and presented in a report available to all .attendees and the preparers of the EIR_ The report will serve as a checklist by the EIR study team in completing preparation of the EIR technical sections. Results of responses to the EIR Notice of Preparation issued by the City will be included in the document. One public scoping technique that EIP /PBS &J has employed in the past for controversial projects is to set up tables for the various subjects to be addressed in the EIR. Members of the audience can circulate among the tables, present comments to be addressed in the EIR, and ask questions of the staff at each table. We have found this technique to both shorten the length and improve the content of public scoping sessions. Unless determined otherwise by the City, this format is anticipated for the project scoping meeting. TASK 3 PREPARE ADMINISTRATIVE DRAFT EIP /PBS &J will prepare an EIR in full compliance with CEQA and State guidelines. Environmental effects will be addressed in proportion to their severity and probability of. occurrence. We will concentrate on those areas of specific concern identified at the public scoping session and in responses to the NOP. The NOP is to be prepared and distributed by the Planning Department. EIP /PBS &J will prepare an Administrative Draft EIR ( ADEIR) in conformance with the EIR format as approved by Planning Department staff. All text and graphics to be used in the Draft EIR will be included in proposed final form. Ten copies of the ADEIR will be prepared and delivered to the Planning Department for review and comment. Table 7 -2 contains a suggested format for the Program EIR in the form of a preliminary outline. Key sections of the ADEIR are described below. Table 7 -2. EIR Outline Prelimina Introduction Pur ose of EIR EIR Sco in Standard for Adequacy Significant Effect on the Environment Cumulative Impact Assessment Mitization Monitorinvand Reporting 1. Summary 1.1 Proposed Pro ect Back round 1.2 Sonoma Mountain Village Project Description 1.3 Areas of Controversy, Issues to be Resolved 1.4 Major EIR Conclusions 1.5 Re uiced Approvals _ 2. Pr_o'ect Description 2.1 Project Location — — 21 Project Back-round and Origination 2.3 Objectives of Project Sponsor 2.4 Project Characteristics and Components Work Program & Deliverables 41 D4:1093.97:0307 Proposal to .Prepare an En.viro €.ttttental Impact Report (EIR) .for tb.e Patterson Ranch Planned District. 2.5 Project Scheduling and Require Approvals Environmental Setting, Impacts and Mitigation Measures 3.1 Aest etics an Urban Design 3.2 Air Quality 373 Biological Resources 3.T_ . Cultural Resources 3.5 Geology and Soi sr 3.6 Hazards and Hazardous Materials 37 Hydrology and Water Quality 3 3.8 Land Use and Planning, 3.9 Noise 3.10 P1 anning Policy and Relationship to Plans 3.11 Population and Housing 3.12 Public Services 3.13 Traffic and Circulation 3714— Utilities and Service Systems 4. Growth Inducement 5. Unavoidable Significant Adverse Impacts 6: Alternatives 6.1 No Project 6.2 Alternative Project Site 63 Alternative Project Configuration 6.4 ternative Project Size 6.5 Mitigated Project Alternative 6.6 Environmentally Superior Alternative 7. 1 rreversible Environmental Changes 8. Report Preparation Appendices (Provisional) A. Water Supply Assessments B. Level of Service Definitions C. Species List D. Concepts of Environmental Noise E. (To e determined) Summary The beginning of the EIR will contain a separate section summarizing all data, findings, and conclusions contained in the body of the report. The Summary 2 Includes discussion of mineral resources- 3 Includes discussion of capacity of drainage facilities (storm sewer) 4. Includes discussion of agricultural resources 5 Due to the anticipated size of the Water Supply Assessmentk, it is likely that a summary of the document will he included as EIR Appendix A 42 Work Program & Deliverables D4:1093.97:0307 will begin with a concise description of the Sonoma Mountain village project components. The Summary will also include (1) each significant effect and level of significance before and after . mitigation, and alternatives that would reduce or avoid that effect. (2) areas of controversy, including issues raised by agencies and the public; and (3) issues to be resolved, including any choice among alternatives and suggested and required mitigation measures. The degree to which impacts would be reduced by implementing all recommended mitigation measures will be quantified, and will be based on absolute numbers to the extent" possible. Impacts that would be avoided, or would be reduced to less than significant levels when mitigated, will be identified. A matrix summarizing all impacts and mitigation measures for the proposed Sonoma Mountain Village project as compared to each of the project alternatives examined in the EIRwill be provided for comprehension and to facilitate an understanding of the environmental trade -offs (benefits, liabilities) to be had between the various alternatives. Project Description The Sonoma Mountain Village project applicant's objectives will be described to provide the baseline of the analysis. The Project Description will contain (1) regional location and site location maps; (2) a statement of project goals and objectives; (3) plans for construction and project phasing as appropriate; and (4) the uses and specific decisions for which the EIR will be used, including approvals, and other agencies having jurisdiction over environmental resources that will use the EIR in the evaluation of the Sonoma t&'tountain Village project. The project description will contain the following major elements: • A site location map indicating the project's precise boundaries_ • A regional location map. • A statement of the project applicant's objectives. • A description of each component of the Sonoma Mountain Village project, including its technical and environmental characteristics as well as any supporting public service facilities that are part of the project, and plans for construction and project phasing. Specific reference to the SmartCode P -D Zoning -District will be provided together Proposal to Prepare an Environmental Impact Report (EIR) for the So otita Mountain Village with supporting graphic materials to fully explain development standards by zone as indicated on the Sonoma Mountain Village Zoning /Regulating Plan map.. ■ . A list of other agencies that will use the EIR. ■ A list of approvals for which the EIR will be used. ■ A list of the Sonoma Mountain Village project decisions for which the Lead Agency (City of Rohnert Park) will use the EIR Settings and Impacts A comprehensive overall description of the Sonoma Mountain Village project area setting will be developed to provide an overview of the environmental conditions found on and around the project site and to serve as the basis for analyzing project impacts. A setting description will be provided for each of the technical subjects studied (i.e., Traffic and Circulation, Hydrology and Water Quality, etc.). The analysis will document potential environmental impacts and mitigation measures for the Sonoma Mountain Village project as a whole. Significant and less than significant impacts will be differentiated, the purpose of this being that the, reader will be able to grasp the "bottom line' of the analysis. The reasons that various potentially significant effects of the project were determined not to be significant will be documented. The extent of the discussion of impacts will reflect the severity of the impacts and their likelihood of occurrence. All impact analyses will differentiate between the incremental effects of the Sonoma Mountain Village project and cumulative effects with respect to cumulative development in the Rohnert Park area as appropriate. Each identified impact and mitigation measure will have a specific coded number for the purpose of documenting mitigation- monitoring actions. Mitigation measures will be described after each identified impact. Mitigation measures will be presented in a manner that will allow them to be extracted from the EIR in the form of conditions of approval. Where several measures are available to mitigate an impact, each will be discussed, along with the basis for suggesting a particular measure. A key feature of the impacts analysis will be to provide information about how impact potential is determined. The CEQA and City criteria for impact significance (Thresholds of Significance) will be listed prior to the impact discussion for each subject area investigated. This allows comprehension and continuity of the analysis and establishes the foundation on which to draw important conclusions regarding the significance of the environmental impact. Each discussion of impact potential will conclude with a summary statement indicating whether an identified impact, would be significant or less than significant, based on the analysis provided under the specific threshold of significance. Cumulative Effects The CEQA Guidelines define a cumulative impact as that resulting from the combined effect of a proposed project plus all other reasonably foreseeable projects. The key characteristics of a cumulative impact analysis are: • A project impact (significant or not), plus • Impacts from other projects of the same type as that of the project, and • The interaction of these impacts to create a cumulative impact affecting the same geographic unit of analysis as that of the proposed project. Environmental impacts from development projects within the area could interact with those of the proposed project to create cumulative impacts. Based on the record and our local experience, of particular concern for the cumulative analysis may be potential impacts related to traffic and circulation, water supply, public services, utilities, drainage and water quality, noise, visual quality and cornrnunity character, and other subject areas to be determined as EIR preparation progresses. EIP /PBS&J will consult with Planning Department staff to prepare a list of projects that is underway and/ or development that is reasonably foreseeable and the scheduling of their implementation including phasing. As background, at the time of preparing the Southeast Specific Plan EIR, the City was processing development applications for five Specific Plan Areas (including the Southeast Specific Plan Area) within its Sphere of Work Program & Deliverables 43 D4A093.97:0307 Proposal 'to Prepare an. Environmental Ian pact Deport. (EIR) for the Patterson Ranch Planned District Influence. There was also a redevelopment proposal within the City Center area (known as the City Center project), and an additional designated Specific Plan Area known as Canon Manor identified as a growth area located in unincorporated Sonoma. County. In addition, the Graton'Rancheria Resort Hotel /Casino project was the formative stages of planning. The status of these projects will be determined prior to the analysis of cumulative development impacts. Cumulative impacts will be specified as to their degree of severity in the individual technical sections of the EIR, cross - referenced where required between sections, and summarized in the Summary section of the document. Construction Impacts The CEQA Guidelines require that the environmental impacts of all phases of a project be considered, including construction. EIP /PBS &J will analyze the Sonoma "Mountain Village project's potentially significant construction impacts as applicable along with project operational impacts in each technical section of the EIR. Key issues in the analysis of construction impacts are anticipated to include air quality, noise, traffic and circulation, drainage and water quality -and visual quality. Growth Inducement EIP /PBS &J will prepare a section that discusses the ways in which the Sonoma Mountain Village project could foster economic or population growth, either directly or indirectly (CEQA Guidelines, Section 151262(d)). A project can indirectly induce growth through: • An increased demand for goods and services (jobs) associated with new residents. • An increased demand for housing associated with new employees of an area_ ■ An expansion of public service capacity required for residential or commercial growth. The Growth Inducement analysis will take into account project phasing, findings regarding cumulative development impacts, and reference the provisions and policies as contained in the City's General Plan Land Use and Growth Management Element. 44 Work Program & Deliverables D1:1093.97:0307 Project Alternatives The analysis of project alternatives is an. important element of an EIR. The purpose of the analysis of alternatives is to focus on alternatives that are capable of avoiding or substantially lessening any significant environmental effects of a project, even if those alternatives would impede to some degree the attainment of the project objectives or would be more costly. The range of alternatives is to include those that could feasibly accomplish most of the basic objectives of a project and could avoid or substantially lessen one or more of the significant effects. Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency or other plans or regulatory limitations, including jurisdictional boundaries. For the Sonoma Mountain Village project, it will be necessary to assure that a reasonable range of options is examined, thus providing a complete understanding of full project implementation, partial project implementation, and no development. The spectrum of alternatives presented will indicate which options for development are feasible given the environmental and social context of the Sonoma Mountain Village project. The key issue is whether the selection and discussion of alternatives fosters informed decision - making and public participation. Significant effects that would be caused by the choice of an alternative will be discussed to the extent that the effects are different from the Sonoma Mountain Village project as proposed. At the conclusion of the alternatives analysis, a matrix will be prepared chat summarizes the impacts of the project as compared to each of the alternatives studied by subject category (i.e., noise, traffic, biological resources) for a side -by -side comparison. This will substantially improve reader comprehension of the complete results of the analysis of the Sonoma Mountain Village project and alternatives to the project. The following provides a tentative list of alternatives envisioned for discussion in the EIR at this time. This listing does not preclude other alternatives for evaluation in the EIR, depending on the results of the impacts and mitigation analysis. Proposal to Prepare an Environmental. Impact Report (EIR) for tlie. �o.aiortiaiiountazrt Villa • No Project. The No Project Alternative will. be examined as required by CEQA. This examination will assess the impacts of maintaining the Sonoma Mountain Village project site in its present condition, including developed and undeveloped portions of the project site as currently exists. This alternative will serve as.a basis for comparing the impacts of other alternatives. Potential site development under existing City General Plan provisions and zoning will be. documented in the discussion. • Alternative Project Site-This alternative will focus on a possible alternative location for the proposed project. A key question and the first step in the analysis of alternatives is whether any of the significant effects of a project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project will be considered. If it is concluded that no feasible alternative locations exist, this will be disclosed along with the reasons for such a- conclusion • Alternative Project Configuration and /or Size. Depending on the results of the analysis, the concept of an Alternative Project Configuration may be addressed whitel recognizing the provisions of the Sonoma Mountain Village SmartCode P- D Zoning District and maintaining consistency with the General Plan. This could include a project of reduced density if appropriate or shifts in land use. This alternative would be in response to the identified impacts and the implementation of mitigation measures to reduce the impacts to less than significant levels. The objective would be to identify options for site development that effectively avoid the identified environmental impacts through alterations in project configuration and /or size, including considerations for density and land use. Additionally, this alternative will allow for a description of alternatives to the project as proposed the project applicant previously considered in preparing the Final Development Plan and reasons for their rejection. ■ Mitigated Project Alternative. This alternative will include a listing of all mitigation measures contained in the EIR by subject category, and in so doing may define the Sonoma Mountain Village project somewhat differently than originally described, depending on the outcome of the impacts analysis. While this alternative cannot be defined until the studies are well under way, it will ultimately provide an informed method for assessing the degree of reduction of potential impacts on the Sonoma Mountain Village project site in comparison to the project as proposed. The analysis will contairta complete description of this alternative to enable the reader to compare it with the project as proposed. ■ Environmentally Superior Alternative. As specified in CEQA and as determined by case law, the EIR will include the identification of an Environmentally Superior Alternative. The Environmentally Superior Alternative, to be selected from the alternatives noted above or as otherwise generated in the analysis, and will be identified and explained as required by CEQA, excluding the No Project Alternative. Significant effects that would be caused by the choice of an alternative will be discussed to the extent that the effects are different from the Sonoma Mountain Village project as proposed. At the completion of preparing the Administrative Draft EIR, ten copies will be printed and delivered to the Planning Department for review and comment. TASK 4. PREPARE WATER SUPPLY ASSESSMENT Water Supply Assessment (WSA) Statute A water supply assessment (WSA) pursuant to SB 610 will need to be prepared and approved for the Sonoma Mountain Village project prior to completion of the EIR. Senate Bill 610 and its companion legislation SB 221 were passed into law in 2001 and amended Water. Code 9 Sections 10631, 10656, 10910, 10911, 10912, and t090, to repeal Section 10913 f, and to add and repeal Section 10657. These laws reflect the growing awareness of the need to incorporate water supply and demand analysis at the earliest possible stage in the land use planning process. Work Program & Deliverables 45 D4:1093.97:0307 Proposal to Prepare an Environmental I.nrpact Report (ETF0 for the fatter :son Ranch Planned. District As a result of the enactment of SB.610, water supply assessments must be furnished to local governments for inclusion in any environmental documentation for projects meeting the specified requirements under Section 10912 (a) of the Water Code and subject to California .Environmental Quality Act'(CEQA). A project meets the requirement for SB 610, if it includes any of the following development plans. In this case, the proposed project is a mixed -use project . that includes one or more of the elements listed below. ■ Contains more than 500 dwelling units • Proposes a shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. • Proposes an office building employing more than 1,000 persons or having more than 250,000 square feet of floor space: • Proposes a hotel or motel, or both, having more than 500 rooms. • Proposes industrial uses planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. ■ A mixed use project that includes one or more of the projects specified above. ■ A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. Water Supply Background The City of Rohnert Park has become a critical part of the case law surrounding Water Supply Assessments following the lawsuit by the environmental watch group Open space - Water Resource Protection — Land Use (O.W.L)_ The case is being watched state wide and has significant implications relating to the breadth of analysis required for a WSA. The City stands behind their interpretation of SB 610 with regard to fulfilling the statute requirements of a WSA and concluding sufficiency of supplies for seven proposed projects. Since the completion of the WSA, two important documents have been completed: 1) the Sonoma County General Update EIR, and 2) the Urban Water Management Plan (UWMP) for the City of Santa Rosa, the major population center of Sonoma County. A WSA should address cumulative demand for the 46 Work Program & Deliverables D4:1093.97:0307 entire groundwater sub -basin and would be remiss by not updating the discussion of available water supply with recent technical studies completed in the area. On a broader scale, a coalition of 14 environmental and community groups is challenging Sonoma County's water availability projections, claiming in a lawsuit that the Water Agency, is ignoring signals of severe water shortages. The suit seeks to invalidate the Water Agency's recently released Urban Water Management Plan which projects that Sonoma County will have enough water for the next 20 years if the Agency can secure state approval to increase by about a third the amount of water that can be drawn from reservoirs. Prepare Water Supply Assessment EIP /PBS &J will provide water supply planning assistance, as per the requirements of SB 610. Water supply planning under SB 610 requires reviewing and identifying adequate available water supplies necessary to meet the demand generated by the project, as well as the cumulative demand over the next 20 years, under a range of water conditions. Tasks within this effort include such issues as: 1) analysis of past, current, and projected future water demand; 2) past, current, and projected water supply; 3) consideration of variability in demand and supply figures based upon hydrologic conditions; 4) identification of potential water shortages based upon this analysis; 5) coordination with the local community, as well as other affected agencies; and, 6) consideration of social, geographic, and economic factors of an area. If it is determined there are insufficient supplies to meet demand over the next 20 years, the Agency will need to identify where those supplies will come from. Finally, according to the requirements of SB 610, if groundwater is a source of supply, there must be a description of the condition of the basin. In addition, if groundwarer is identified as a possible source, Section 10910 (f) of the Water Code also applies, as such, a description of the groundwater basin or basins from which the proposed project will be supplied must be included in the WSA. This includes an analysis of the amount and location of past and current groundwater pumping, as well as the amount and location of groundwater projected to be pumped to meet the future water demand associated with the proposed Proposal to Prepare an Environmental Impact Report (EIR) for the Sonoma Moutt.tain Village project, as well as the projected cumulative demand, based on " information that is_ reasonably available, including, but not limited to, historic use records." The proposed Sonoma Mountain Village project will increase . the demand for water supplies within the service area. The size of the proposed project meets the standards under which a WSA must be considered as part of any CEQA analysis under SB 610. Administrative Draft WSA EIP /PBS &J will prepare an Administrative Draft WSA for City staff review and comment. The WSA will be prepared consistent with the requirements of SB 610 and model the approach from the most recent WSA (currently on appeal), but update the discussion to be current with, the County General Plan Update and other significant developments within. the Basin. EIP/ PBS &J will review existing materials and conduct the appropriate supply and demand analysis. Included in this step are the following activities: ■ Determine the available water supplies for the region and service areas, then summarize this information according to the source of the supply. This information will include an observation of trends and reliance on estimated vs. verified water usage from all the City's sources. ■ Determine what the future demand will be in the service area on a cumulative basis in terms of number and types of connections, as well as the expected demand per class of connection. Develop an analysis of projected water supplies over the next 20 years. This analysis will include consideration of source water reliability in terms of water quality, as well as availability during wet, normal and dry "years, and multiple dry years. This analysis will include a discussion of water supplies that meet these requirements under the guidelines of SB 610. ■ Identify reasonable alternative sources of water (if available) to meet any recognized shortfalls between projected supply and demand, as well as a description of recommended future studies or actions needed to identify and/ or acquire additional water. • Determine the number and types of water service connections associated with the proposed project, as well as the additional demand generated within Zone 7's local service area, and allocate water demand to various types of service connections. • Carry the demand analysis out for a projected twenty-year period in 5 -year increments beginning in 2005 through 2030, and present this information in a tabular format. • Conduct an assessment of the potential demand versus the available supplies as identified in the above tasks and present this information in the form of a technical report. Following completion of the above, ten (10) copies of the Administrative Draft WSA will be delivered to the City for review and comment. Draft and Final WSA Based on one consolidated set of comments from City staff on the Administrative Draft WSA, EIP /PBS &J will incorporate any corrections and /or modifications and prepare a Draft version of the WSA. Ten (10) copies of the Draft WSA will be provided to the City for final review. It is assumed that any comments on the Administrative Draft version will be primarily editorial and no significant new technical analysis required. Based on one consolidated set of comments from the City staff on the Draft WSA, EIP /PBS &J will prepare the Final WSA and draft findings for delivery to Gty staff for review prior to publication. It is assumed that any comments on the Draft WSA will be editorial and no significant new technical analysis required. Twenty -five (25) printed copies of the Final WSA with one (1) reproducible copy and one (t) electronic copy in PDF format will be provided to the City for adoption prior to EIR certification. A complete summary of the WSA will be included as an appendix in the Draft EIR. Work Program & Deliverables 47 E)4:1093.97,0307 Proposal to Prepare an Environmental Inipact Repoi°t (Elk) for the Pattersota Ranch Planned. District TASK 5. PREPARE DRAFT PROGRAM EIR Following City review of an Administrative Draft EIR, EIP /PBS &J will prepare the Draft EIR for publication that incorporates responses to the Planning Department's comments. One hundred (100) copies of the Draft EIR will be printed and delivered to the Planning Department for distribution. EIP /PBS &J will send screen -check copies of the Draft EIR to the Department prior to printing,tf requested.. At the time of delivery, one (1) single -sided reproducible (camera - ready) copy of the Draft EIR will be submitted along with an electronic copy in PDF format for posting on the internet. TASK 6. PREPARE MITIGATION MONITORING AND REPORTING PROGRAM Concurrent with preparation of the EIR, EIP /PBS &J will prepare an Administrative Draft Mitigation Monitoring and Reporting Program in accordance with Public Resources Code Section 21081.6, which Planning Department staff will review. The Program will identify each mitigation measure for a significant environmental impact and will specify the following: • Performance criteria and standards necessary for the mitigation to be successful. • Responsible parties for implementing the mitigation measures. • The frequency of monitoring as applicable and maximum period of time for implementation. • The frequency of reporting the outcome of monitoring activities. • Those responsible for verifying the success of the mitigation measures, and sanctions to be imposed for noncompliance with required mitigation measures. Ten (10) copies of the Administrative Draft Program will be submitted to the Department for review. After Department review of the Administrative Draft Program, EIP /PBS &J will revise the Program as necessary in response to Department staff comments. Although EIP /PBS &J will prepare the Mitigation Monitoring and Reporting Program, the actual 48 Work Program & Deliverables D4 1093.97:0307 monitoring activities will be undertaken by a separate entity under contract to either . the project applicant or City. Worksheets /follow -up forms for each mitigation measure will be provided. Twenty-five (25) copies of the Mitigation Monitoring and Reporting Program will be produced and.delivered to the City. One (1) single -sided reproducible copy of the Program will also be provided at this time along with one (1) electronic copy in PDF format. TASK 7. CONDUCT MEETINGS AND HEARINGS The work program calls for periodic meetings with Planning Department and Engineering staff during the course of EIR preparation. Five meetings with Planning Department /Engineering staff are planned during preparation of the Administrative Draft, Draft, and Final EIRs at regular intervals. We recommend the. first meeting with City staff occur when preparation of the Administrative Draft EIR and Water Supply Assessment begins. It will be desirable to focus this meeting on the following topics: 11 Overall scope of work and scheduling requirements. • Project data needs and requested documents/ information. • Technical requirements of the Water Supply Assessment (WSA). • Approach and methodologies for conducting the Traffic and Circulation analysis (see discussion above under Item 6, !'ethnical Expertise and Issues Analysis) . • Approach to addressing cumulative development impacts. • Number and character of project alternatives. • Scheduling and conducting the public scoping session. The second and third meetings are proposed to occur during preparation of the Administrative Draft EIR and Draft WSA to discuss impact findings to date, proposed mitigation measures, findings of the WSA, scheduling, and other items as considered necessary. The fourth meeting is proposed to occur after completion of the Administrative Draft EIR, the Final WSA and Administrative Mitigation Monitoring and Proposal to Prepare an .Environmental Impact Report (EIR) for the Sonoma Mountain Village Reporting Program. The purpose of this meeting is to review Planning Department staff. comments on all three documents at the discretion of the Planning Department prior to preparing the Draft EIR, and the amended Monitoring Program prior to publication. If desired, a fifth meeting may occur atthe close of the Draft EIR comment period to review and determine the overall approach to responding to all comments received from the public and agencies on the Draft EIR. This would be particularly true with respect to any controversial issues that may surface during the course of the studies. We understand that the City will advertise for and conduct public meetings /hearings on the Draft EIR. At the public meetings /hearings, EIP's project manager and traffic subconsultant representative will be available to summarize and explain the document and respond to questions and issues raised. EIP staff will also attend the public meetings /hearings as required to respond to or explain particular issues of importance. Four public meetings /hearings to review the Draft and Final EIR and WSA are planned for, two before the Planning Commission and two before the City Council. Regarding the WSA to be prepared for the project, it is recommended City engineering staff be present at the first project (kickoff) meeting to address the technical requirements required during preparation of the WSA. EIP staff that prepared the WSA will also be present at a City Council meeting to answer questions regarding preparation of 'the WSA and conclusions contained in the WSA regarding water supply and use. TASK 8. PREPARE FINAL PROGRAM EIR EIP /PBS&J will respond to comments on the Draft EIR received at the public hearings and letters of comment received during the public review period in the Administrative Final E[R. Master Responses will be prepared where there are a sufficient number of comments addressing a specific subject area to warrant the preparation of Master Responses. Response pages will be organized to immediately follow comment pages to facilitate use of the document. Ten (10) copies of the Administrative Final EIR will be delivered to the Planning Department for review and comment. Responses to comments will be numbered and keyed to the list of comments. Revisions to the Draft EIR as contained in the Final EIR document (Comments and Responses) will be indicated through the use of underlines and strikeouts as required for ease of reference. After the Planning Department has reviewed the Administrative Final EIR, EIP /PBS &J will amend the document and print one hundred (100) copies of the Final EIR for distribution by the Department. The Final EIR (Comments and Responses) will be submitted as a separate volume. It is understood that the Draft EIR will not need to be amended and republished as a result of preparing the Final EIR. Ascreen review copy of the Final EIR will be submitted to the Department for review, if requested, before the Department gives the go -ahead for printing the final document. At the time of delivery, one (1) single -sided reproducible copy of the Final EIR will be provided with an electronic copy in PDF format for posting on the internet if desired. Work Program & Deliverables 49 D4:1093.97,0307 11roposal to Prepare an .Envl.rcanmaital Impact Report (EIR) for the S,�.t�€araaa �rurrtair� Village Schedule Figure 8 -1 illustrates our proposed schedule for the EIR Work Program as described above. The Administrative Draft EIR will be completed within 16 weeks after receiving authorization to proceed. Following Planning Department review of the Administrative Draft EIR, we estimate that four weeks will be required to prepare the Draft E[R for printing and distribution. Assuming that about 200 to 300 comments received on the Draft EIR will require responses, we estimate that about five weeks will be required to prepare the Administrative Final EIR The Final EIR would be available for the Planning Department to distribute three weeks after Department comments are received on the Administrative Final EIR- It should be noted that if the project is delayed due to circumstances beyond EIP's reasonable control, or if decisions are made about the project that change the project description or alternatives, the FIR schedule could be adversely affected. However, we believe that the schedule presented herein represents an optimum balance between timeliness and the need for a thorough, comprehensive, and defensible EIR. Schedule 51 D4. 1093.97 -0307 Timeframes are based on timely receipt of all necessary project information. C Client /Team Meeting _ Public Meeting / Hearin Draft EIR Track Draft EIR Track - Action Required by City WSA Track ® WSA Track - Action Required by Ci Final EIR Track Final FIR Track - Action Re wired by City s(: Other Pro'ect Activities Other Project Activities - Action Required by City EIP Associates Pi,oposal to Prepare an Eavironniental Inipact Report fl) T"U'r thf,, Sonoma Mountain Vilna 93 Appendices Please note: the five hard copy EIR examples that were requested for this proposal have been sent under separate cover from our San Francisco office and should be considered as part of this proposal. Appendices 617 N [,)g 5 9 ? 1) 30' The following data analysis in conjunction with the Final Development Plan Rendering dated November 21, 2006 and the Table ES -1. T -3 Zone Single Family Detached . Lots Residential Garage Granny Total Total 18' Wide Square Feet Square Feet Square Feet Units Granny 1,800 480 149 3 Story 18' Wide Units 100' Wide 3,500 720 0 12 0 60' Wide 3,000 480 480 50 50 T -4 Zone Single Family Attached Row Houses Lots Residential Square Feet Garage Square Feet Total Units 2 Story 18' Wide 1,500 220 109 122 25' Wide 1,800 480 149 3 Story 18' Wide 1,800 220 43 0 25' Wide 2,200 480 74 Single Family Detached Lots Residential Square Feet Garage Square Feet Granny Square Feet Total Residential Units Total Granny Units 40' Wide 2,000 480 480 122 122 30' Wide 1,500 480 0 91 _ 0 25' Wide 1,000 0 0 24_ 0 T -5 Zone Single Family Attached Row Houses Lots Residential Garage Total S uare Feet Square Feet Units _ 3 Story_ _ 18' Wide _ 1,800 220 _ 8 25' Wide 2,200 480 7 T -5 Zone (E) Building 1 = 249,752 Square Feet Office before split Building IA Building Square Building - lB Building Square 1St. thru 3". Footage Floor Footage I". Floor Office 221994 0. & 2nd. Floor 22 Units @ 34,741 Floor 13,200 Townhouses 1St. Floor Retail 14,318 1St. Floor Common 4,296 Parking Garage Area 1St. Floor Parking 30 Spaces @ 12,881 1St. Floor Parking 19 Spaces @ 11,072 Garage Garage 1St. Floor Common 5,292 - Area Interstitial Area 11,003 removed Interstitial Area 11,003 removed 2° . Floor Condo's 25 Units 42,444 3` . Floor Condo's 16 units P, 24,592 2° . Floor Common 14,767 3` . Floor Common 10,882 Area Area Total Square 112,696 Total Square 85,583 Footage Remaining Footage Remaining (E) Building 1 Loading Docks to be removed 11,000 Square Feet (E) Building 1 Energy Center to remain 13,737 Square Feet (E) Building 2 1 Story 130,000 Square Feet of Office to Remain (E) Building 2 12,075 Square Feet of Chemical Storage building to be Removed. (E) Building 3 1 Story 80,000 Square Feet of Warehouse & 31,000 Square feet of Office (E) Building 3 Building Square Footage 1St. thru 3". 21 units @ Floor 52,800 Townhouses tSt. thrn 3`d. -- Floor 13,200 Common Area 1St. thru 3`d. Floor 110,220 Parking Garage Total new building Square 176,220 Footage T -5 Zone (E) Building 4 (E) Recycle Center/ warehouse 4,000 Square Feet to Remain Mixed Use Buildings # Square Footage I". Floor 64,128 Office Floor Interstitial 12,279 /Common Area 2 -3 2° . Floor 61,371 Office 1 Total Square 137,778 Footage. Common (E) Recycle Center/ warehouse 4,000 Square Feet to Remain Mixed Use Buildings # Floor Floor Floor Floor Floor of # # 1 2 -3 2 -3 2 -3 Floors 1 Square Multi- Square Common feet Family Feet Area # Square Units Feet 3 Retail 11,400 18 18,240 4,560 3 Retail 13,620 21 21,792 5,448 3 Retail 14,940 23 23,904 5,976 3 Retail_ 12,300 19 19,680 4,920 3 Retail 13,740 21 21,984 5,496 T -5 Zone Mixed Use Building # Floor Floor Floor Floor Floor Floor Floor Floor Floor Floor Floor of # #1 #1 #2 92 #3 93 #4 #4 #5 #5 Floors 1 Square Common & Common & Common & Common & Common Feet Area Square Area Square Area Square Area Square Area Square Feet Square Feet Square Feet Square Feet Square Feet Feet Feet Feet Feet 61 Garage Garage Garage Garage Spaces 2,241 58 55 .134 @ Spaces - Spaces 2,525 Spaces - - - 29,930 @ @ @ 29,000 30,134 47,885 5 Multi- Multi- Multi - Family Family Family - - - 10 5,309 - - 27 10,412 33 52,408 Units Units Units @ @ @ 22,172 33,147 53,361 Grocery - - Store - - - - - - @ 45,000 T -5 Zone Multi- Family # of Floors Floor 1 -3 Multi- Family # Units Floor 1 -3 Square Feet Floor 1 -3 Common Area Square Feet 3 12 12,960 3,240 3 24 25,680 6,420 3 21 23,160 5,790 3 30 32,400 8,100 3 6 5,520 1,380 3 6 5,760 1,440 3 72 87,648 21,912 3 39 38,880 9,720 3 21. 22,320 5,580 3 45 45,600 11,400 3 24 24,000 6,000 3 21 20,760 5,190 3 21 20,760 5,190 3 30 30,480 7,620 3 66 66,600 16,650 3 27 27,480 6,870 3 24 24,000 6,000 3 12 13,200 3,300 3 48 50,400 12,600 3 60 61,440 15,360 3 18 17,640 4,410 3 12 1.2,960 3,240 - -' T -6 Zone Mixed. use Buildings # Of Floor #1 Floor 1 Floors Floors 2 Common Parking Other Other Floors Square 2 thru 5 thru 5 Area 1 thru 3 Use Use Foot Square 2 thru5 Floors & Square Foot Square Feet Feet Multi - 5 Retail 10,000 Family 32,000 8,000 - - - 20 Units Hotel 7 Retail 13,000 100 rooms - - - - - 2 thru 7 Multi - 5 Retail 14,800 Family 43,200 11,840 - 28 Units. Multi - 5 Retail 15,000 Family 48,000 12,000 - - - 32 Units Multi- 5 Retail 12,000 Family 361000 9,600 - - - 25 Units Multi - 5 Retail 35,200 Family 50,000 12,000 69,000 Gym 30,000 2 thru 3 4 thru 5 — -- 23 Units - -- - J (E) Building 3 1 Story 80,000 Square Feet of Warehouse & 31,000 Square feet of Office Converting 25,000 Square Feet to Theatre. (E) Cafeteria at 21,000 Square Feet to be removed CS Zone 5,000 Square Feet of Office 10,000 Square Feet of Retail CB Zone Civic building is 35,000 Square Feet 8 N:\Maureen \Environmental Studies\RFP's \Sonoma Mtn Village \RFP & EIP Contract \So Mtn Village. Agreement for Services. Final..DOC Cost Figure 9 -1 illustrates EIP /PBS &J's cost estimate, by task, to prepare the Sonoma Mountain Village EIR. Total costs through preparation of the Final EIR and WSA are estimated to be a maximum of $400,423. This cost includes $253,016 through preparation of the Administrative Draft EIR (Tasks 1, 2, and 3); $45,859 for preparing the Administrative Draft, Draft and amended WSA prior to adoption (Task 4); $37,184 to prepare the Draft EIR (Task 5); $2,303 to prepare the Mitigation Monitoring and Reporting Program (Task 6); $24,515 for meetings and hearings (Task 7); and $37,546 to prepare the Administrative Final and Final EIR (Task 8). All costs include sub - consultant fees; field inspections, data searches and data review; project administration; printing and related expenses. Factors that could increase the scope of work and estimated cost include in -depth analysis of key issues in addition to those identified in this proposal; changes in the project or scope of work requiring reanalysis or rewriting of report sections; comments on the Administrative Draft EIR, Administrative Draft WSA, and Administrative Final EIR requiring more staff time than budgeted (one round of City staff comments is budgeted for on the Administrative Draft EIR, .Administrative Draft WSA, Draft WSA and Administrative Final EIR); significant deficiencies in available data requiring new and original research; or printing additional copies of the Draft EIR, WSA and Final EIR. These items can be renegotiated, if required. Our cost estimate is valid for a period of 90 days from the date of this submittal. All work is proposed to be performed on a time - and - materials, not -to- exceed basis upon the completion of contract negotiations and the submittal of monthly billings. EIP /PBS &J labor costs are based on our standard hourly billing rates, a schedule of which is attached. Cost 53 D4:1093.97:0307 Proposal to. Prepare an Envirormiental Iistpaet Report (E.III) for the Patterson Ranch Planned. District EIP, a division of PBS &J California Science and Planning HOURLY BILLING RATES AND JOB CLASSIFICATIONS Senior Division Manager/ Principal Technical Professional $190 - $260 /hour Senior Program Manager/ Senior Project Director/ Senior Planner IV/ Senior Scientist IV $175 - $220 /hour Program Manager / Senior Environmental Manager III/ Project Director/ Senior Planner III/ Senior Scientist 111 $150 - $190 1hour Senior Environmental Manager/ Senior Planner II/ Senior Scientist II/ Senior Engineer II $120 - $160 /hour Associate Environmental Manager /Associate Planner/ Senior Scientist 1 $95 - $125 /hour Environmental Specialist / Planner II/ Scientist II $85 - $110 /hour Environmental Analyst / Planner I/ Scientist I $65 -$90/hour Senior Administrator $90 - $120/hour Senior Word Processor $75 $100 /hour Word Processor $65 - $90 /hour Administrative $55 - $80 /1710111 Technical Aide I /Technical Intern I $45 - $65 /hour Mileage $.485 /mile In addition, ideticifiable, non - salary costs that are directly attributable to the project (i.e., travel, meals, lodging, auto rentals, printing and copies, graphic materials, phone charges, equipment and specialized computer charges, etc.) and subcontractor fees include a 15% administration charge to cover overhead and adrniniscracion. 1. This schedule is effective until January 1, 2008 and is subject to annual and /or periodic revisions thereafter, as necessary to accommodate inflationary trends, salary adjustments, and the general costs of business. 2. Invoices will be submitted by Consultant monthly. Client will notify Consultant, in writing, of any objections to an invoice within ten (10 days) of the date of invoice. Otherwise, the invoice shall be deemed acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. 3. A late payment finance charge at a rate of 18% per annum (or the maximum amount allowed per law if lower) will be applied to any unpaid balance commencing 30 days after the date of the original invoice. 4. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4 -hour minimum per day. 4 Cost D4: 1093.97:0307 Figure 9 -1: Sonoma'Mountain village EIR Cost Estimate "` EXHIBIT "C" Insurance Agreements Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 20 10 11 85 or other form(s) acceptable to the City. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in anyway on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. 9 N:AMaureen \ Env iron mental Studies \RFP's \Sonoma Mtn VillageARFP & UP Contract \So Mtn Village. Agreement for Services. Flnal..DOC General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its elected officials, employees and agents, using standard ISO endorsement No. CG 20 10 11 85 with an edition prior to 1992 or other form(s) acceptable to the City. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may' affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be 10 N: \Maureen \Environmental StudiesTFP'S \Sonoma Mtn Village \RFP & UP Contract \So Mtn Village.Agreement for Services. Final..DOC provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self - insure or to use any self - insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City. If Consultant's existing coverage includes a deductible or self- insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self - insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of tl NAMaureen\Envirotintental Studies\RFP's \Sonoma Mtn Village \RFP & EIP Contract \So Mtn Village.Agreement for Services. Final..DOC Consultant. under this agreement. Consultant expressly agrees not to use any, statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as.. it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 12 NAMaureen \Environmental Studies\RFP's \Sonoma Mtn Village\RFP & EIP Contract \So Mtn Village. Agreement for Services. Final..DOC CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I, Rodney A. Jeung, am the Associate Vice President, and a duly authorized representative of the firm of EIP Associates. (a division of PBS&.J), whose address is 353 Sacramento Street, #1000 San Francisco, CA 94111, and that neither I nor the above firm I represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Date' Signature - Rodney A. Jeung, AICP 13 N:\ Maureen \Environmental Studies\RFP's \Sonoma Mtn Village \RFP & EIP Contract \So Mtn Vitlage.Agreement for Services. Final..DOC