CONTRACT 6632 Professional Services Agreement CLOSEDAgreement No. 6632
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
ENVIRONMENTAL SCIENCE ASSOCIATES
This AGREEMENT is entered into this day of April, 2023, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and
ENVIRONMENTAL SCIENCE ASSOCIATES, a California Corporation
("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not
to exceed $44,561 for CONSULTANT's services. CITY may modify this
amount as set forth below. Unless otherwise specified by written
amendment to this Agreement, CITY will pay this sum as specified in the
attached Exhibit 'A" which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which
is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and
facilities, and all tests, testing and analyses, calculation, and all other means
whatsoever, except as herein otherwise expressly specified to be furnished
by CITY, necessary to perform and complete the work and provide the
professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the level of care and skill ordinarily exercised at the time of performance by
professionals engaged in providing similar services under similar circumstances. CITY
will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of
any deficiencies and CONSULTANT will have fifteen (15) days after such notification to
cure any shortcomings to CITY's reasonable satisfaction. Costs associated with curing
the deficiencies will be borne by CONSULTANT.
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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in
Exhibit "A") the tasks performed, the percentage of the task completed during the billing
period, the cumulative percentage completed for each task, the total cost of that work
during the preceding billing month and remaining budget.
5. NON -APPROPRIATION OF FUNDS. 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 will cover only those costs incurred up to the conclusion of
the current fiscal year.
6. FAMILIARITY WITH WORK..
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed;
Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be reasonably
acquainted with the conditions there existing that are readily observable,
before commencing the services hereunder. Should CONSULTANT
discover any latent or unknown conditions that may materially affect the
performance of the services, CONSULTANT will immediately inform CITY
of such fact and will not proceed except at CONSULTANT's own risk until
written instructions are received from CITY.
7. TERM. The term of this Agreement will be from April L1-2023, to December 31,
2023. Unless otherwise determined by written amendment between the parties, this
Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
B. Termination as stated in Section 15.
8. TIME FOR PERFORMANCE,
A. CONSULTANT will not perform any work under this Agreement until:
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CONSULTANT furnishes proof of insurance as required under
Section 23 of this Agreement; and
CITY gives CONSULTANT a written notice to proceed.
B, Should CONSULTANT begin work on any phase in advance of receiving
written authorization to proceed, any such professional services are at
CONSULTANT's own risk.
9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the
contracted services. If delay occurs, CONSULTANT must notify the Manager within five
(5) days, in writing, of the cause and the extent of the delay and how such delay
interferes with the Agreement's schedule. The Manager will extend the completion
time, when appropriate, for the completion of the contracted services.
10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the
main body of this Agreement takes precedence over the attached Exhibits; this
Agreement supersedes any conflicting provisions. Any inconsistency between the
Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Proposal to Provide Assistance Regarding City of El Segundo
General Plan and Zoning Amendments, dated March 15, 2023
11. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum
and the contract time will be adjusted accordingly. All such changes must be authorized
in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting
from changes in the services will be determined in accordance with written agreement
between the parties.
12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and
certificates that may be required to perform the services under this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any
rights CITY may have under this Agreement or of any cause of action arising from
CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant,
or condition contained in this Agreement will not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition contained in
this Agreement, whether of the same or different character.
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15.TERMINATION,
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's
mutual consent. Notice will be in writing at least thirty (30) days before the
effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately
cease performance under this Agreement unless otherwise provided in the
termination notice. Except as otherwise provided in the termination notice,
any additional work performed by CONSULTANT after receiving a
termination notice will be performed at CONSULTANT's own cost; CITY
will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by
CONSULTANT will, at CITY's option, become CITY's property, and
CONSULTANT will receive just and equitable compensation for any work
performed up to the effective date of notice of termination, and costs
necessarily incurred by CONSULTANT due to termination, including the
costs attributable to CONSULTANT's termination of any subconsultant
agreements, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONSULTANT under this Agreement shall
become CITY's property upon payment for the services performed. CONSULTANT may
retain copies of said documents and materials as desired, but will deliver all original
materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's
completed work product, for purposes other than identified in this Agreement, or use of
incomplete work product, is at CITY's own risk. Notwithstanding anything to the contrary
above, CONSULTANT and its subconsultants shall retain all right, title, and interest in,
including copyrights, to their standard details, drawings, designs, specifications, trade
secrets, source code, software, or other intellectual property used in CONSULTANT's or
its subconsultants' practice and existing prior to the date of this Agreement (collectively
"Pre -Existing Property"), subject to a limited, non-exclusive, royalty -free license to CITY
to use such Pre -Existing Property in accordance with the terms of this Agreement.
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17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art
work, prepared pursuant to this Agreement, will be released by CONSULTANT to any
other person or public CITY without CITY's prior written approval. All press releases,
including graphic display information to be published in newspapers or magazines, will
be approved and distributed solely by CITY, unless otherwise provided by written
agreement between the parties.
18.INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i.. Indemnification for Professional Services. CONSULTANT will
save harmless and indemnify and at CITY's request reimburse
defense costs for CITY and all its officers, volunteers,
employees and representatives from and against any and all
suits, actions, or claims, of any character whatever, brought for,
or on account of, any injuries or damages sustained by any
person or property, to the extent caused by any negligent or
intentionally wrongful act, error or omission by CONSULTANT
or any of CONSULTANT's officers, agents, employees, or
representatives, in the performance of this Agreement.
ii. Indemnification for other Damages. CONSULTANT indemnifies
and holds CITY harmless from and against any claim, action,
damages, costs (including, without limitation, reasonable
attorney's fees), injuries, or liability, arising out of this
Agreement, or its performance, to the extent caused by any
negligent or intentionally wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives. Should CITY be named in any
suit, or should any claim be brought against it by suit or
otherwise, which is subject to this Section 18(A)(ii), whether the
same be groundless or not, arising out of this Agreement, or its
performance, CONSULTANT will defend CITY (at CITY's
request) and will indemnify CITY for any judgment rendered
against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 222, and any approval
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of said insurance by CITY, are not intended to and will not in any manner
limit or qualify the liabilities and obligations otherwise assumed by
CONSULTANT pursuant to this Agreement, including, without limitation, to
the provisions concerning indemnification.
19.ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without
CITY's written approval are prohibited and will be null and void.
20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and
the manner in which is it performed. CONSULTANT will be free to contract for similar
service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONSULTANT as to the details of doing the work or to exercise a measure of control
over the work means that CONSULTANT will follow the direction of the CITY as to end
results of the work only.
21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities pertaining to the services under this Agreement.
CONSULTANT will retain such financial and program service records for at least three
(3) years after termination or final payment under this Agreement.
22.INSURANCE.
A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONSULTANT will procure and maintain
the following types of insurance with coverage limits complying, at a
minimum, with the limits set forth below:
Commercial general liability
Professional Liability
Business automobile liability
Workers compensation
Limits
$2,000,000
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements
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of ISO-CGL Form No. CG 00 01 11 85 or 88 or equivalent. The amount of
insurance set forth above will be a combined single limit per occurrence for
bodily injury, personal injury, and property damage for the policy coverage.
Commercial General Liability and Business Automobile Liability policies will
be endorsed to name CITY, its officials, and employees as "additional
insureds" under said insurance coverage and to state that such insurance
will be deemed "primary" such that any other insurance that may be carried
by CITY will be excess thereto. Such endorsement must be reflected on
ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be
on an "occurrence," not a "claims made," basis and will not be cancelable
or subject to reduction except upon thirty (30) days prior written notice to
CITY.
C. Professional liability coverage will be on an "occurrence basis" if such
coverage is available, or on a "claims made" basis if not available. When
coverage is provided on a "claims made basis," CONSULTANT will continue
to renew the insurance for a period of three (3) years after this Agreement
expires or is terminated. Such insurance will have the same coverage and
limits as the policy that was in effect during the term of this Agreement, and
will cover CONSULTANT for all claims made by CITY arising out of any
errors or omissions of CONSULTANT, or its officers, employees or agents
during the time this Agreement was in effect.
D, Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, or equivalent, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement and such other evidence of insurance or copies of policies as
may be reasonably required by CITY from time to time. Insurance must be
placed with insurers with a current A.M. Best Company Rating equivalent
to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from
payments due to CONSULTANT under this Agreement or terminate
pursuant to Section 15.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement other than
to the consultants noted in the proposal. Such approval must approve of the proposed
consultant and the terms of compensation.
24.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative
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description of progress during the past month for each major task, a description of the
work remaining and a description of the work to be done before the next schedule update.
25. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Environmental Science Associates
City of El Segundo
626 Wilshire Blvd., Suite 1100
350 Main Street
Los Angeles, CA 90017
Attention: Luci Hise-Fisher
El Segundo, CA 90245
Attention: Eduardo Schonborn
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices will be
deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to
solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid
nor has it agreed to pay any company or person, other than CONSULTANT's bona fide
employee, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Should
CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without
liability.
28.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of
any other party. There will be no incidental or other beneficiaries of any of
CONSULTANT's or CITY's obligations under this Agreement.
29.INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
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31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other
agreements expressed or implied, oral or written. There is one (1) Attachment to this
Agreement. This Agreement will bind and inure to the benefit of the parties to this
Agreement and any subsequent successors and assigns.
32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently
review this Agreement with legal counsel. Accordingly, this Agreement will be construed
simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly
for or against either Party.
33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
34.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be
modified by written amendment. CITY's executive manager, or designee, may execute any
such amendment on behalf of CITY.
35. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on
any number of separate counterparts, and all such counterparts so executed constitute
one Agreement binding on all the Parties notwithstanding that all the Parties are not
signatories to the same counterpart. In accordance with Government Code § 16.5, the
Parties agree that this Agreement, Agreements ancillary to this Agreement, and related
documents to be entered into in connection with this Agreement will be considered signed
when the signature of a party is delivered by electronic transmission. Such electronic
signature will be treated in all respects as having the same effect as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Neither CONSULTANT nor CITY shall be considered in breach or
default should performance of this Agreement be prevented due to fire, flood, explosion,
acts of terrorism, war, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' reasonable control. A Party claiming
the benefit of this provision shall, as soon as reasonably practicable after the occurrence
of any such event, (a) provide written notice to the other Party of the nature and extent of
any such force majeure event; and (b) use commercially reasonable efforts to remove
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any such causes and resume performance under this Agreement as soon as reasonably
practicable.
39.STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness
and capacity to perform the Agreement in accordance with the terms herein.
CONSULTANT represents that its financial resources, surety and insurance experience,
service experience, completion ability, personnel, current workload, experience in dealing
with private consultants, and experience in dealing with public agencies all suggest that
CONSULTANT is capable of performing the proposed contract and has a demonstrated
capacity to deal fairly and effectively with and to reasonably satisfy a public CITY.
[Signatures on next page]
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Agreement No. 6632
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO
Darrell George
City Manager
ATTE
Tracy Weaver,
City Clerk
ENVIRONMENTAL SCIENCE
ASSOCIATES
By: Ruta Thomas
Senior Vice President
Title: Regional Director
Taxpayer ID No. 94-1698350
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
A
By:
Joaqui Vazquez, Assistant City Attorney
Insur r oo Approval:
h(44 4 t t MQnager
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Agreement No. 6632
626 Wilshire Boulevard c,W C011 i
Suite 1100
Los Angeles, CA 90017
213.599.4300 phone
213.599.4301 fax
March 15, 2023
Mr. Michael Allen
350 Main Street
El Segundo, CA 90245
Subject: Proposal to Provide Assistance Regarding City of El Segundo General Plan and Zoning Amendments
Dear Michael:
Based on our conversations and review of City documents, ESA understands that the City is in the process of
preparing the Housing Element 2021-2029, which will incorporate the 6th cycle Regional Housing Needs
Assessment (RHNA) allocation. The RHNA for the City is 492 units. With the carryover of 29 units from the 5th
cycle of the RHNA the City has a total RHNA of 521 units. ESA understands the City is considering the
development of a Mixed -Use Overlay (MU-0) and a Housing Overlay (HO) in order to implement the Housing
Element 2021 2029 that is underway. In order to comply with State requirements, the City needs to have the
zoning in place by the end of the year.
The City has identified three areas forthe MU-O, two areas along Pacific Coast Highway and one area northeast
of the Franklin Avenue and Maryland Street intersection. The parcels identified total approximately 4.47 acres
and with maximum buildout could accommodate up to 346 units. In the last few years, the City has begun to see
intensification of the R-3 neighborhoods. Given the interest in redeveloping the older neighborhoods and based on
an economic study regarding the feasibility of redevelopment, the City identified areas in which an HO that
allows for an increase in density could be applied. Based on the economic study, the HO would increase the
allowable density from 27 units per acre to a range of 60 to 70 units per acre. While the City identified a total of
723 R-3 parcels totaling about 400 acres that could be rezoned, based on further analysis, seven parcels totaling
approximately 5.16 acres have been identified as having near -term redevelopment potential. Assuming
60 units/acre, 333 potential units could be developed on these parcels. In addition, Program 9, Removing
Governmental and Other Constraints, in the draft Housing Element identifies an increase in density in the R-3
Zone from 27 to 30 units per acre.
In 1992, the City certified a Program EIR that evaluated buildout of the General Plan that is currently in place.
The development of a MU-O and HO would necessitate General Plan and Zoning Code Amendments. The
California Environmental Quality Act (CEQA) applies to discretionary projects, which include but are not limited
to the enactment and amendment of general plans and zoning ordinances (Public Resources Code Section 21080).
This scope of work is for ESA to assist the City in determining the appropriate level of environmental
documentation that is necessary for these amendments and includes the following components:
• Review the certified Program EIR to identify buildout evaluated and understand conclusions and mitigation
measures
• Based on data provided by the City regarding housing development since 1992, determine net increase that
could occur with the MU-O, HO zones, and the increase in density in the R-3 Zone
Agreement No. 6632
Michael
March 15, 2023
Page 2
• Conduct screening level analyses for key issue areas, including air quality, greenhouse gas emissions, energy,
and operational noise (see specific scopes below)
• Determine appropriate level of CEQA documentation, which will be prepared under a separate scope of work
The following provides more detail regarding air quality, greenhouse gas emissions, energy, and noise, which
have been identified as important to assess up front in determining the appropriate level of documentation.
Air Quality, Greenhouse Gas Emissions and Energy
The certified General Plan Program EIR included an Air Quality section but did not include specific sections for
Greenhous Gas (GHG) Emissions and Energy, which was consistent with the requirements of the CEQA
Guidelines at the time in 1992. ESA will prepare an Air Quality analysis addressing both construction and
operation of projected residential units within the proposed MU-O, HO, and R-3 zones and compare to the
findings of the Program EIR. The analysis will consider and incorporate mitigation measures from the adopted
Mitigation Monitoring and Reporting Program (MMRP) from the Program EIR, which may warrant further
clarification and updating given the length of time that has passed. Development associated with the draft
Housing Element 2021-2029 includes opportunities for energy conservation and incorporation of building energy
and sustainability standards that are more stringent than those at the time of the 1992 Program EIR. The analysis
will review these energy conservation and sustainability standards, which could lead to a reduction in building
energy -related impacts despite the increase in density..
While the certified Program EIR did not include specific sections for GHG Emissions or Energy, which were
environmental resource topics added to the 2010 and 2019 Appendix G Initial Study checklists, respectively, the
Program EIR did include analysis and quantification of electricity, natural gas, and transportation fuel demand
from build out of the General Plan as part of the Utilities analysis. In addition, the Land Use analysis discussed
transportation sustainability efforts including encouraging developments near public transportation options,
transportation corridors and employment centers, and mixed -use developments as well as achieving improved
jobs -housing balance. These analyses, along with the Air Quality analysis, address GHG and Energy impacts.
ESA will consider the GHG and energy demands of the additional housing units that could result from the
proposed MU-0 and HO and the increase in density in the R-3 Zone under the General Plan and Zoning
Amendments. ESA will consider new and more environmentally protective energy and transportation fuel
standards that have been adopted since the time of the certified Program EIR as well as the draft Housing Element
2021-2029 inclusion of energy conservation and sustainability standards, which could lead to a reduction in
building energy -related impacts despite the increase in density.
The analyses will be conducted at a program level, with limited quantitative modeling. ESA will summarize the
analyses and conclusions in a technical memorandum, which may be included as an appendix to the appropriate
CEQA document.
Agreement No. 6632
Michael
March 15, 2023
Page 3
Noise
ESA will prepare a Noise analysis addressing both construction and operation resulting from the increase in
residential units that could result from the proposed MU-O, HO, and R-3 zones compared to the findings of the
certified Program EIR. The analysis will consider and incorporate mitigation measures from MMRP, which may
be further clarified or updated as a result of the analysis.
The proposed MU-0 and HO and the increase in density in the R-3 Zone may result in an increase in operational
vehicle trips along roadway segments above the level that was assumed in the certified Program EIR. ESA will
update the operational noise analysis based on the vehicle trips provided by the City's traffic consultant. The
operational noise levels will be compared to the noise impacts disclosed in the certified Program EIR.
The analyses will be conducted at a program level, with limited quantitative modeling. The analyses will be
provided in a technical memorandum, which may be included as an appendix to the appropriate CEQA document.
ESA will prepare a memorandum that defines the project based on the research undertaken and summarizes the
findings of the technical work. ESA anticipates that the work completed underthis scope will form the foundation
of the environmental document that will be completed for the General Plan and zoning amendments under a
separate scope and fee.
ESA estimates the budget for completing these efforts will be a total of $44,561, with $25,685 for the technical
tasks and $18,876 for the non -technical tasks.
If you have any questions or want to discuss the approach and level of effort further, please let us know.
Sincerely,
Mike Harden
Principal Planner
Luci Hise-Fisher, AICP
Planner IV