Item 1.4 - Agreement with Dudek for “The Farm” EIR at Stoneridge Golf Course (SP 19-001)G`,Y OF POWgy
City of Poway
COUNCIL AGENDA REPORT
IN THE c Vd
DATE: April 16, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: David DeVries, City Planner 1 D
858) 668-4604 / ddevries@poway.org
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
SUBJECT: Approval of Consultant Agreement between the City of Poway and
Dudek for Environmental Services for "The Farm" Environmental
Impact Report (EIR) at the previous Stoneridge Golf Course (Specific
Plan 19-001).
Summary:
The City released a Request for Proposals (RFP) to provide environmental consulting services
for the preparation of an Environmental Impact Report (EIR) associated with a General Plan and
Zoning Amendment and a planned 160 dwelling unit community with retail, educational,
recreational and agricultural uses and amenities proposed at 17166 Stoneridge Country Club
Lane at the location of a previous golf course (Stoneridge). The preparation of the EIR will be in
compliance with the California Environmental Quality Act (CEQA). City Council certification of the
EIR and City Council approval of a Specific Plan (SPP19-001) and associated planning permits
in addition to a Proposition FF City-wide vote is required for project approval. Seven proposals
were submitted with one disqualified as it was received after the deadline. After review of the
proposals, Dudek was selected as the most qualified consultant to prepare the EIR.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute the Agreement
with Dudek for environmental services for preparation of the EIR for "The Farm" Specific Plan and
associated planning permits (Attachment A) and to execute the Hold Harmless and
Reimbursement Agreement between The Farm in Poway, LLC and the City of Poway (Attachment
B).
Discussion
On February 1, 2019, a RFP was sent to consulting firms that specialize in environmental issues
to prepare the EIR, and associated CEQA findings and Mitigation Monitoring Plan. An addendum
to the RFP with appropriate public notice and posting on ebidboard.com was conducted on
February 14, 2019. A total of 29 firms were solicited and seven firms submitted a proposal with
one disqualified as it was received after the deadline. Following a thorough review of the
proposals, staff invited the top three responding firms to an interview.
The interview panel consisted of two planning staff members, the Planning Manager of
Environmental Services at the County of San Diego and the Assistant Director of Planning at the
City of Escondido. After interviewing the top three firms, the firm of Dudek was selected as the
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EIR Consultant Agreement — The Farm
April 16, 2019
Page 2
most qualified consultant. Dudek is a full-service environmental consulting firm and will partner`
with the applicant's professional consultant team to prepare the EIR. Dudek has extensive
experience working for other jurisdictions in the preparation of EIRs for golf course conversion
projects.
Dudek's proposal is for $230,470, which is in the middle of the range of costs for the proposals
received. The highest and the lowest cost proposals of all six qualifying firms were $284,000 and
171,000 with an optional $30,000 service, respectively.
The proposed scope of work and cost proposal are detailed in the Consultant Agreement provided
as Attachment A. The EIR is expected to take approximately 11 months before it is reviewed for
consideration of certification by the City Council.
The Hold Harmless and Reimbursement Agreement between The Farm in Poway, LLC and the
City of Poway is included as Attachment B. With this agreement, The Farm in Poway, LLC would
defend and indemnify the City in the event of litigation regarding the environmental review process
for The Farm project.
Environmental Review:
This action is not subject to review under the CEQA Guidelines.
Fiscal Impact:
The EIR contract amount is $230,470 for consultant services. This amount will be paid entirely
by the applicant. In addition, the applicant will submit funds to a city deposit account to which
staff time will be billed to achieve full cost recovery in the processing of the EIR and review of the
Specific Plan. Other planning permits will be processed per the fees provided in the Master Fee
Schedule.
Public Notification:
A courtesy notice was sent to the six firms with qualifying proposals for this project.
Attachments
A. Consultant Agreement
B. Hold Harmless Agreement
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Tina M. White
City Manager
April 16, 2019, Item #1.4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16t1 day of April, 2019, by and between the CITY
OF POWAY (hereinafter referred to as "City") and Dudek (hereinafter referred to as
Consultant').
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform the
preparation of an Environmental Impact Report (EIR) for "The Farm" 160 dwelling unit planned
community and specific plan with retail, educational, recreational and agricultural uses and
amenities proposed at 17166 Stoneridge Country Club Lane (Project); and
WHEREAS, Consultant is an environmental services consultant and has represented that
Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of
Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN
CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled
Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination
without cause shall be effective only upon 60 -day written notice to Consultant. During said 60 -
day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Consultant in connection with the formation of this Agreement
or the performance of services, or the failure to perform services as directed by City. Termination
for cause shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
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5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to
enable Consultant to effectively perform the services. Consultant shall treat all such information
as confidential, whether or not so identified, and shall not disclose any part thereof without the
prior written consent of the City. Consultant shall limit the use and circulation of such information,
even within its own organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has
been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant,
hereafter disclosed in publicly available sources of information; (iii) is now in the possession of
Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this contract without the prior
written consent of the City. In its performance hereunder, Consultant shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of any other
person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost
and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person,
other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that
it 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 of the Agreement. For breach of violation of this warranty,
City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City and shall be
delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and
the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the
Consultant has a financial interest as defined in Government Code Section 87103. Consultant
represents that it has no knowledge of any financial interests which would require it to disqualify
itself from any matter on which it might perform services for the City.
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Consultant" means an individual who, pursuant to a contract with a state or local
agency:
A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided
it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to
which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines
for the City, or for any subdivision thereof; or
B) Serves in a staff capacity with the City and in that capacity participates in making
a governmental decision as defined in the Political Reform Act and/or
implementing regulations promulgated by the Fair Political Practices Commission,
or performs the same or substantially all the same duties for the City that would
otherwise be performed by an individual holding a position specified in the City's
Conflict of Interest Code.
DISCLOSURE DETERMINATION:
1. Consultant/Contractor will not be "making a government decision" or
serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
2. Consultant/Contractor will be "making a government decision" or "serving
in a staff capacity" as defined in Sections A and B above. As a result,
Consultant/Contractor shall be required to file a Statement of Economic Interest
with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted,
except as otherwise specifically provided herein, or to which City, in its sole discretion, consents
to in advance thereof in writing. Any assignment or subcontracting in violation of this provision
shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets,
accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the contract period and for three (3)
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years from the date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent
contractor and shall not be an employee of the City of Poway. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its profession.
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 license, permit, or approval which
is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Indemnification.
a) For Claims (as defined herein) other than those alleged to arise from Consultant's
negligent performance of professional services, City and its respective elected and appointed
boards, officials, officers, agents, employees and volunteers (individually and collectively,
Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall
indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims,
actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and
expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or
arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss or otherwise occurring as a result of Consultant's negligent performance under this
Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers,
directors, sub -consultants or employees.
b) For Claims alleged to arise from Consultant's negligent performance of
professional services, Indemnitees shall have no liability to Consultant or any other person for,
and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all
Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss of use
of property, economic loss or otherwise to the extent occurring as a result of Consultant's
negligent performance of any professional services under this Agreement, or by the negligent or
willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or
employees, committed in performing any of professional services under this Agreement. For
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation
to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys'
fees to the extent caused by Consultant's negligence.
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c) The foregoing obligations of Consultant shall not apply to the extent that the Claims
arise from the sole negligence or willful misconduct of City or its elected and appointed boards,
officials, officers, agents, employees and volunteers.
d) In any and all Claims against City by any employees of the Consultant, anyone
directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification
obligation under this Section 15 shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for the Consultant under worker's
compensation acts, disability benefit acts or other employee benefit acts.
e) Consultant shall, upon receipt of written notice of any Claim, promptly take all
action necessary to make a claim under any applicable insurance policy or policies Consultant is
carrying and maintaining; however, if Consultant fails to take such action as is necessary to make
a claim under any such insurance policy, Consultant shall reimburse City for any and all costs,
charges, expenses, damages and liabilities incurred by City in making any claim on behalf of
Consultant under any insurance policy or policies required pursuant to this Agreement.
f) The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
g) The rights and obligations of the parties described in this Section 15 shall survive
the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any Indemnitee and not
covered by insurance maintained, or required by this Agreement to be maintained, by Consultant:
a) Consultant hereby assumes the risk of any and all injury and damage to the personnel
including death) and property of Consultant that occurs in the course of, or in connection with,
the performance of Consultant's obligations under this Agreement, including but not limited to
Consultant's Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be
liable for injury or damage which may be sustained by the person, goods or property of Consultant
or its employees in connection with Consultant's performance its obligations under this
Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Aaent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested
services. The City shall have the right to review and disapprove personnel for assignment to
Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
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Consultant's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or
conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central
Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant
hereby waives any right to remove any such action from San Diego County as is otherwise
permitted by California Code of Civil Procedure section 394. The prevailing party in any such
action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including
its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation
claimed by Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60 -day period for which Consultant would have been entitled to receive
compensation if terminated without cause, and neither party shall be entitled to recover their
litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean
the individual or corporate consultant and any and all employees of consultant providing services
hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument. Documents delivered by telephonic facsimile transmission shall be valid and
binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and
City relating to the terms and conditions of the services to be performed by Consultant. No
agreements, representations or promises made by either party, whether oral or in writing, shall
be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24.
Contractor hereby certifies that all persons providing services to City by Contractor
are not current members of the California Public Employees' Retirement System (CalPERS) and
shall not become members of CalPERS while providing services to City.
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6 April 16, 2019, Item #1.4
Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in
full compliance with Government Code section 7522.56. A copy of Government Code section
7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all
penalties, fees, employer and employee contributions, or any other assessments imposed by
CalPERS in the event CalPERS determines the person assigned by Contractor to provide
services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or
arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be
construed as though more narrowly drawn, if a narrower construction would avoid such invalidity,
illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such
invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this
Agreement shall remain in effect.
Remainder of page intentionally left blank)
9 of 33 April 16, 2019, Item #1.4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY DUDEK
By: By:
Tina White, City Manager
Date:
ATTEST:
Faviola Medina, CMC, City Clerk
APPROVED AS TO FORM:
Bv:
Alan Fenstermacher, City Attorney
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Joe Monaco, President, Dudek
Date:
April 16, 2019, Item #1.4
SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the Environmental Impact Report (EIR) preparation services further described in the
Scope of Services submitted with the proposals dated March 4, 2019 and revised March 28, 2019,
which is included in this document as Attachment 1, and incorporated by reference, as if its
contents were fully set forth herein. Consultant shall provide the necessary qualified personnel
to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted
with the proposals dated March 4, 2019 and revised March 28, 2019, which are included in this
document as Attachment 2. Total fee is not to exceed $230,470. Consultant's fee shall include
and Consultant shall be responsible for the payment of all federal, state, and local taxes of any
kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable
expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in
performance of the services. Consultant shall bill City for such expenses as incurred, referencing
this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess
of Twenty -Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within
ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall
receive prior authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing April 16, 2019, and
ending April 15, 2020, unless sooner terminated by City as provided in the section of this
Agreement entitled "Termination." This Agreement may be extended for up to two additional one-
year periods upon approval in writing of the City Manager and Consultant. Upon expiration or
termination of this Agreement, Consultant shall return to City any and all equipment, documents
or materials and all copies made thereof which Consultant received from City or produced for City
for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
a) Comprehensive General Liability, including premises -operations,
products/completed, broad form property damage, and blanket contractual liability with the
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following coverages: General Liability $1,000, 000 Bodily Injury and Property Damage combined
each occurrence and $2,000,000 aggregate.
b) Automobile Liability, including owned, hired, and non -owned
vehicles: $1,000,000 combined single limit.
c) Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of
not less than $1,000, 000 combined single limits, per claim and annual aggregate.
d) Workers' Compensation insurance in statutory amount. All of the
endorsements which are required above shall be obtained for the policy of Workers'
Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following
three provisions:
a) Additional Insured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
City of Poway and its elected and appointed boards, officers, agents, and
employees are additional insureds with respect to this subject project and contract with City."
b) Notice.
Said policy shall not terminate, nor shall it be canceled, until thirty (30)
days after written notice is given to City."
c) Primary Coverage.
The policy provides primary coverage to City and its elected and appointed
boards, officers, agents, and employees. It is not secondary or in any way subordinate to any
other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance
coverages described in the paragraphs above, in a form and content approved by City, prior to
beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the
following addresses:
To City: City of Poway — Development Services
13325 Civic Center Drive
Poway, CA 92064
To Consultant: Dudek
605 Third Street
Encinitas, CA 92024
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EXHIBIT "B"
Cal Gov Code $ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
7522.56. Provisions applicable to person receiving pension benefit from public
retirement system; Section supersedes conflicting provisions
a)This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
b) A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
e) A person who retires from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
d)Appointments of the person authorized under this section shall not exceed a total for all
employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for the
employment shall not be less than the minimum, nor exceed the maximum, paid by the
employer to other employees performing comparable duties, divided by 173.333 to equal an
hourly rate. A retired person whose employment without reinstatement is authorized by this
section shall acquire no service credit or retirement rights under this section with respect to
the employment unless he or she reinstates from retirement.
e)
1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve
or be employed by a public employer if, during the 12 -month period prior to an
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
13 of 33 April 16, 2019, Item #1.4
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting
an offer of employment that he or she is in compliance with this requirement.
2)A retired person who accepts an appointment after receiving unemployment
insurance compensation as described in this subdivision shall terminate that
employment on the last day of the current pay period and shall not be eligible for
reappointment subject to this section for a period of 12 months following the last day
of employment.
f)A retired person shall not be eligible to be employed pursuant to this section for a period
of 180 days following the date of retirement unless he or she meets one of the following
conditions:
1)The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
2)
A)Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed state employment position before 180 days
have passed and the appointment has been approved by the Department of
Human Resources. The department may establish a process to delegate
appointing authority to individual state agencies, but shall audit the process to
determine if abuses of the system occur. If necessary, the department may assume
an agency's appointing authority for retired workers and may charge the
department an appropriate amount for administering that authority.
B)For legislative employees, the Senate Committee on Rules or the Assembly
Rules Committee certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before 180 days have
passed and approves the appointment in a public meeting. The appointment may
not be placed on a consent calendar.
C)For employees of the California State University, the Trustees of the Califomia
State University certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and
approves the appointment in a public meeting. The appointment may not be placed
on a consent calendar.
3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State University
that existed prior to January 1, 2013, or has been included in subsequent agreements.
4)The retiree is a public safety officer or firefighter hired to perform a function or
functions regularly performed by a public safety officer or firefighter.
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Cal Gov Code § 7522.56
g)A retired person who accepted a retirement incentive upon retirement shall not be eligible
to be employed pursuant to this section for a period of 180 days following the date of
retirement and subdivision (f) shall not apply.
h)This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the
Education Code.
i)This section shall not apply to (1) a subordinate judicial officer whose position, upon
retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to
work in the converted position, and the employer is a trial court, or (2) a retiree of the
Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a
court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 $15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528
11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January
1, 2013; Stats 2014 ch 238 $ I (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note—
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (I)(l) and (f)(2); (2)
or firefighter hired to perform a function or functions regularly performed by a public safety
officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for
Judges' Retirement System I" in subd (i).
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Attachment 1 DUDEK
Work Program
In order to keep costs to a minimum, this EIR will build off of studies prepared
for this project, the General Plan Master EIR and other existing related
documents to the greatest extent possible. Dudek staff will work with the City
staff to obtain such information. Direct coordination between Dudek and
consultants preparing studies is permissible provided it is consistent with this
Scope of Work. A summary of meetings between Dudek staff and City staff will
be provided to City staff and revisions (track changes) from City staff will be sent
and accepted by Dudek. All final documents require review and approval by City
staff. Changes to the Scope of Work are permissible provided they are reviewed
and approved by City Staff in advance and substantially conform to the Request
for Proposal. Repeat comments shall be referenced, not repeated (e.g., see
Mitigation Measure 3.2). The Scope of Work includes final certification of the
Draft EIR unless the project is denied by City Council. Dudek is expected to
coordinate directly with the applicant's consultant team, as required. A project
task and timeline checklist are expected to be submitted and updated the
second and fourth Monday of each month. A public relations Dudek staff
professional shall review and approve all public documents to ensure language
is in laymen's terms, practical and community centric. Deliverables shall be
consistent with recommendations within CEQA guidelines and advisories by the
Governor's Office of Planning and Research.
Task 1— Project Initiation
Task 1.1: Project Description
To initiate the project, Dudek will prepare a project description based Dellveiab/es
on the information provided. The project description will be based on . Draft Project Description in electronic
the project plans and any technical reports or other information, as format (Microsoft Word)
available. Included within the project description will be graphics to 0 Final Project Description in electronic
depict the regional map, vicinity map, and vesting tentative map to format (Microsoft Word)
assist the reader in understanding the proposed project. Dudek will
then provide the project description electronically to the City in preparation for the kick-off meeting. The project
description will be finalized in coordination with the City priorto initiating technical workto ensure it includes all features
of the project (both on and off site). The description will include a list of permits and other approvals required for EIR
certification and project implementation and will identify the agencies expected to rely upon the EIR.
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Task 1.2: Kickoff Meeting
Dudek will attend a project kick-off meeting with the City and all Deliverables
project proponent's consultants preparing the plans and technical • Kick-off Meeting Agenda
studies. Dudek will prepare the agenda and lead the meeting. The . Minutes from Kick-off Meeting
purpose of the kick-off meeting is to (1) provide an overview of the
project and review the project description, (2) verify all reports
prepared and that the scope of work identified in each report is sufficient to address issues identified in the CEQA
checklist with appropriate mitigation as applicable, (3) discuss anticipated reports to be prepared, and (4) discuss
the project schedule.
Task 1.3: Initial Study, Notice of Preparation and Scoping
Dudek will prepare the Initial Study (IS) and Notice of Preparation Deliverables
NOP). The ISwill evaluate potentially significant environmental effects One electronic copy and eight hard copies of
using appendix G of the CEQA Guidelines), and will be used to the Screencheck IS/NOP
demonstrate significant environmental impacts based on existing
information. Included in the IS will be a comparison of the project and One electronic copy and eight hard copies of
its compatibility with the goals and policies of the General Plan. The
the Final IS/NOP
purpose of the IS/NOP is to solicit input from the public or other 50 hard copies of Final NOP
agencies on the scope and content of the forthcoming EIR. Dudekwill Attendance at one public scoping meeting
prepare the draft IS/NOP according to the City's standard format. Minutes from public scoping meeting
Dudek will prepare a brief Initial Study, focusing primarily on topics
that will be "scoped out" during the IS/NOP review process. The
IS/NOP wi II be submitted to the City for review and approval, and then Dudek wi II circulate the IS/NOP fora 30 -day public
review period. Dudek assumes the City will complete the distribution and noticing requirements per CEQA.
Dudek will support the City for one public scoping meeting. The meeting will be initiated with greeters (two
minimum), sign in sheets, questionnaires and general comment cards encouraged to be completed (clip boards
and pens included) and booths with experts from Dudek associated with the various topics (six minimum) will be
available to the public for further discussion and comments. Greeters will provide an overview of the project
description and an outline of the scope of the EIR which will also be included on a handout. Meeting participants
will be asked to clarify their concerns and provide insight into their expectations of the Draft EIR. This process will
help to inform the EIR preparation effort so that it is as thorough as possible. In collaboration with City staff, the
Dudek team will review comments to the IS/NOP to determine whether new issues have been raised beyond those
already contemplated.
Dudek will deliver required copies of the NOP/IS to the State Clearinghouse for state agency review. Dudek will
maintain the EIR notification mailing list for local and federal agencies, the public and stakeholders, and will
coordinate mailings (the cost of reproduction and postage is included in cost estimate).
Task 2 — Administrative Draft EIR
Following input from the scoping process and in close cooperation with City staff, Dudek will prepare the
administrative draft environmental impact report (EIR) in conformance with the criteria, standards, and provisions
of CEQA. It is assumed that the project description completed in Task 1 will be used for the EIR, and that no changes
to the project will occur after the initiation of work. Dudek will also work with the City to ensure that the recent
comprehensive update to the CEQA thresholds are adequately addressed in the EIR. Dudek will provide the City
with an administrative draft EIR in electronic format for the project.
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The following is a description of the contents that will be included in the administrative draft EIR based on our
understanding of the proposed project to date.
Task 2.1: Table of Contents
The table of contents will contain a list of the contents of the EIR, including text discussions and a list of tables and
exhibits. The table of contents will also include a list of appendices to the EIR.
Task 2.2: Executive Summary
The executive summary of the EIR is required by the CEQA and is typically prepared after all the other sections of the EIR
are completed. This section will include a summary of the EIR purpose, background, and major assumptions; a
description of the project and alternatives; major conclusions of the alternative analysis (including the environmentally
superior alternative); the project approval process; and an overview of all mitigation measures. This section will present
in table format the overview of the project's significant impacts, mitigation measures, and alternatives.
Task 2.3: Introduction
The introduction section ofthe EIR will definethe purpose, scope, and legislative authority of the EIR, requirements of CEQA,
and other pertinent environmental rules and regulations. This section will also describe the EIR process, structure, required
contents, and the project's relationship to other potential responsible or trustee agencies. This section will include a
description of land use and environmental planning efforts completed to date and how said planning efforts will impact the
structure and content of the EIR. This section will describe the type of EIR and level of environmental review envisioned for
the document An overview of the EIR's format, content, and processing requirements will be provided in this section. Finally,
a list of documents incorporated by reference will be included in this section.
Task 2.4: Project Description
As described in Task 1.1, the project description will describe the location of the project site, both within a regional
and local context. Graphical depictions and maps will be utilized throughout this section to help describe project
components and locations. Definitions of project objectives will be completed in consideration of the analysis and
discussion of project alternatives. A complete list of required discretionary actions, permits, and approvals will be
provided, with the lead and responsible agencies for each. A site plan shall be included.
Task 2.5: Environmental and Regulatory Setting
This section will provide an overview of the local and regional environmental setting of the project (CEQA Guidelines
Section 15125). This EIR section will provide a description of the existing site conditions, including a description of
the natural resources contained on the project site and the existing geotechnical conditions and topography. This
section also discusses regulatory issues, including local and regional planning documents. This section will analyze
the project's relationship and applicability with appropriate policies and planning documents.
Task 2.6: Environmental Impact Analysis
Dudek will conduct the environmental analysis of the project based on the data, background information, and
technical studies collected and prepared as part of this work effort. Information from technical reports will be
synthesized into the draft EIR. This scope of work includes time to obtain the data and identify what additional
information or analysis is necessary to complete the environmental review required by the City.
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Each environmental impact section of the EIR will be written to include a discussion of relevant issues as necessary. For
each environmental issue, summarized in the following paragraphs, the EIR will describe existing conditions, thresholds
of significance, potential environmental impacts, an analysis of significance, and recommended mitigation measures
designed to reduce or avoid any potential significant impact(s) identified. Tasks 2.7-2.25 outline Dudek's scope of work
and approach to the major environmental issues anticipated to be addressed in the EIR.
Task 2.7: Aesthetics
This section will analyze all aspects of the visual character of the proposed project. Developing the project site with
residential homes and other ancillary uses will change the visual character of the site and such additions will be visible
from surrounding residential areas. Dudek will conduct a photographic field survey of the project site and surrounding
area. The field survey will establish a visual resource baseline by documenting, existing visual resources, including
landforms, vegetation communities, water features, and structures/development. Up to four photosimulations of the
project shall be prepared: l) looking north onto the project from the southwest corner of Martincoit and Espola Road; 2)
At "The Club", "Tranquility Garden" and "Special Event" area from Tam O'Shanter Drive; 3) At the trail and agricultural
areas from Villamoura Drive; and 4) At "The Social", "The Barn" and the "Educational Amenities" from the proposed
Private Drive looking south." Dudek will also identify candidate key view locations from which the anticipated visual
effects resulting from implementation of the proposed project will be evaluated. Dudek will coordinate with the City to
identify and finalize key view locations from which to analyze the proposed project's potential effects to existing views
and compatibility with existing neighborhood character. The aesthetics section will include an analysis of the proposed
project and will identify potential impacts to public views and architectural compatibility with the surrounding
neighborhood, as well as any impacts associated with lighting.
Task 2.8: Agricultural Resources
Dudek understands that the proposed project includes agricultural amenities, such as organic community gardens, organic
agri-fields, and a family pond. Pursuant to CEQA the agricultural resources section must analyze impacts associated with
the conversation of agricultural land or zoning conflicts related to agricultural use. Dudek does not anticipate any impacts
related to agricultural resources pursuant to these CEQAthresholds; however the agricultural uses proposed as part of the
project will be analyzed in their respective sections. Impacts relative to pest infestation, pesticides will be covered in the
Hazards and Hydrology Sections; see Tasks 2.14 and 2.15 respectively. Odors resulting from the agricultural amenities
proposed as part of the open space use will be analyzed in the Air Quality section; see Task 2.9.
Task 2.9: Air Quality and Climate Change/Greenhouse Gas Emissions
For the purposes of analyzing the air quality, climate change, and GHG emissions, Dudek will prepare a technical
report as described below. Dudek will summarize the findings of the report within the EIR. The report will be included
as an appendix to the EIR.
Dudek will use the significance thresholds in Appendix G of the CEQA Guidelines and the emissions -based
thresholds set by the San Diego Air Pollution Control District (SDAPCD). After reviewing all available project
materials, Dudek will obtain any outstanding data needed to conduct the analysis. The City will make best efforts
to provide any information to Dudek that is readily available. If precise information on a particular factor is not
available, Dudek will make every effort to quantify the factor using the best available information from comparable
data sources, but in all cases will consult first with City regarding the information needed. Details of the analysis
e.g., daily criteria air pollutant emission calculations and annual GHG emission calculations) will be included in an
appendix to the technical report. Odors resulting from the agricultural amenities proposed as part of the open space
use will also be analyzed in this section.
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Air Quality Assessment
Local and regional climate, meteorology, and topography as they affect the accumulation or dispersal of air pollutants
will be presented in the air quality assessment. Current air quality conditions and recent trends in the San Diego Air
Basin, where the project is located, will be described on the basis of California Air Resources Board and U.S.
Environmental Protection Agency annual air quality monitoring data summaries. Federal, state, and local regulatory
agencies responsible for air quality management will be identified, and applicable federal, state, and local air quality
policies, regulations, and standards will be summarized.
Dudek will estimate criteria air pollutant emissions associated with the construction phase of the project using the
California Emissions Estimator Model (CalEEMod). The analysis of short-term construction emissions will be based on
scheduling information (e.g., overall construction duration, phasing, and phase timing) and probable construction
activities (e.g., construction equipment type and quantity, workers, and haul trucks) developed by the City, its
representatives, and/or standardized approaches. Dudek will then evaluate the significance of the construction
emissions based on the SDAPCD significance criteria. It is assumed that construction of the project can be modeled
in one CaIEEMod construction run
CalEEMod will also be used to estimate project -generated operational criteria air pollutant emissions associated with
mobile, energy, and area sources. Mobile source emissions will be estimated based on input from the project's
transportation impact assessment Energy and area source emissions (e.g., natural gas combustion and consumer
products) will be estimated using the default values in CalEEMod for the proposed land uses based on the total proposed
square footage for the proposed spaces. Project -specific values will be used in place of CalEEMod default values when
available. The estimated operational emissions will be compared to the significance thresholds established by the SDAPCD.
Because the existing golf course on the project site is not currently in operation, it is assumed that for the CEQA analysis,
there are no baseline emissions and a net change in emissions analysis will not be conducted.
Dudek will evaluate whether traffic associated with the project could lead to potential exposure of sensitive
receptors to substantial localized concentrations of air pollutant emissions, specifically carbon monoxide "hot
spots." The qualitative assessment will be based on the traffic report prepared for the project and applicable
screening criteria recommended by the California Department of Transportation or the County of San Diego's
guidance, as directed by the City. It is assumed that the study intersections will not exceed the applied screening
criteria and a quantitative carbon monoxide hotspots analysis will not be required. However, if required, Dudek will
prepare a quantitative carbon monoxide hotspots analysis for up to three intersections as consistent with the
Caltrans CO hotspot protocol.
Due to the nature of the proposed project and the close proximity of neighboring existing sensitive residential receptors,
Dudek is preparing a construction health risk assessment of the emissions associated with toxic air contaminants,
primarily diesel particulate matter (DPM) from heavy-duty trucks and off-road equipment during short-term construction.
The potential for project construction to exacerbate the incidence of Valley Fever fungal spores (Coccidioides
immitis) exposure will be addressed in the technical report. This assessment will be qualitative and will discuss the
causes, effects, and incidence of Valley Fever in the project area and include recommended mitigation to reduce
the potential exposure of construction workers to Valley Fever fungal spores, if required.
Additional Appendix G thresholds will also be evaluated, including the potential for the project to expose sensitive
receptors to substantial pollutant concentrations, to result in other emissions such as odors, orto impede attainment
of the current SDAPCD air quality plan.
Construction Health Risk Assessment During construction, the primary toxic air contaminant of concern will be DPM from
heavy-duty trucks and any on-site off-road equipment. Dudek will use the American Meteorological Society/U.S.
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Environmental Protection Agency Regulatory Model (AERMOD), which is required by the SDAPCD to conduct dispersion
modeling, and California Air Resources Board's Hot Spots Analysis and ReCitying Program Version 2 (HARP2) to calculate
the health impacts. The health impact calculations in HARP2 are based on the Office of Environmental Health Hazard
Assessment's Air Toxics Hot Spots Program Risk Assessment Guidelines - Guidance Manual for Preparation of Health Risk
Assessments. The dispersion of DPM and associated health risk impacts on sensitive receptors will be determined using
AERMOD, HARP2, local meteorological data obtained from the SDAPCD, and the estimated annual average DPM emissions.
The maximum cancer risks at the appropriate receptors (e.g., proximate residential receptors) will be tabulated. Cancer risk
isopleths (i.e., lines of equal cancer risk) will be plotted on figures showing the project site if the maximum cancer risk
exceeds the SDAPCD significance threshold of 10 in 1 million. The assessment will also include the estimated chronic (long-
term) hazard indices due to non -cancer health effects associated with DPM. The hazard indices will be tabulated at the
appropriate locations and plotted on figures similar to those showing estimated cancer risks if they exceed the SDAPCD
significance threshold of 1.0. If the health impacts exceed the thresholds of significance, we will suggest appropriate
mitigation measures to reduce the health impacts. A health risk assessment will be prepared as a technical appendix and
a summary ofthe methodology and results will be provided in the air quality section of the technical report.
Greenhouse Gas Emissions Assessment
The GHG emissions assessment will include a setting and background discussion consisting of a summary of the
greenhouse effect and global climate change, potential changes to the global climate system and to California, and
emissions inventories atthe national, state, and local levels. It will also include a summaryofthe key federal, state, and
local regulatory actions and programs to reduce GHG emissions. Dudek will estimate the GHG emissions associated with
construction of the project using CaIEEMod based on the same construction scenario utilized in the air quality analysis.
Project -generated operational GHG emissions that will be estimated will include those associated with mobile sources
workers and residenttrips), natural gas usage, electrical generation, water supply, wastewater, and solid waste disposal.
When projectdetails are not available, CalEEMod default values will be used to calculate directand indirect source GHG
emissions. As with the air quality analysis, because the existing golf course on the project site is not currently in operation,
it is assumed that for the CEQA analysis, there are no baseline GHG emissions.
Dudek will assess the significance of the project with respect to the Appendix G thresholds; specifically, Dudek will assess
whether a project would (a) generate GHG emissions, either directly or indirectly, that may have a significant impact on
the environment and (b) conflict with an applicable plan, policy or regulation adopted for the purpose of reducing GHG
emissions. Because the City has not established a numerical GHG emissions threshold, we will work with staff to identify
an appropriate threshold for evaluatingthe significance of the project's GHG emissions under CEQA.
Atthe local level, the City has not adopted a qualified GHG reduction plan or CEQA significance thresholds. Dudek will
work with the City to determine the most applicable GHG significance threshold to evaluate the project against. Dudek
will provide a discussion of applicable state regulations (Assembly Bill 32 Scoping Plan measures); any General Plan
goals, objectives, and policies that help the City contribute to regional GHG reduction efforts; and applicable
development standards that would increase energy efficiency, such as the California Building Code.
Task 2.10: Biological Resources
Dudek understands that Recon Environmental Inc. has been contracted to prepare a biological resources technical
report for the proposed project. Dudek assumes that the report will include a biological resource survey, a biological
resource map, and an analysis of the proposed project's impacts on these resources (including any impacts to waters
of the United States and/or state, if applicable), as well as any mitigation measures as appropriate. Dudek biologists
will conduct a peer review of the biological resources technical report and will note any deficiencies to the City and
Recon Environmental Inc. Dudek will coordinate with the report author address any deficiencies in the report. The
biological resources section of the EI R will summarize the findings of the technical report and will include the mitigation
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measures as appropriate. This section of the EIR will also include an analysis by Recon Environmental Inc. in
conjunction with the developer's landscape architect of site tree preservation and compliance with tree -related
policies from the City's Urban Forestry Ordinance. Recommendations and mitigation measures for agricultural uses
shall be provided to limit pest infestations. Mitigation measures shall address construction activities during nesting
and migration activities and opportunities for noise buffering, pre -surveys and monitoring by species.
Task 2.11: Cultural Resources
According to the City's General Plan, the project site is located in an area designated as having a moderate probability that
an archeological site is present Dudek understands that Recon Environmental Inc. has been contracted to prepare a
cultural resources technical report, and BF Smith and Associates has been contracted to prepare an archeology report for
the proposed project. Dudek assumes that the cultural resources technical report will include a sacred lands search atthe
Native American Heritage Commission, a CHRIS report and provide an analysis of the proposed project's impacts to any
cultural resources. Dudek also assumes that Recon Environmental Inc. will initiate correspondence or, if required, provide
the City with all necessary documents to initiate correspondence with the Native American Heritage Commission to obtain
information on Native American tribal cultural resources in or near the project area and to obtain a list of tribal individuals and
organizations with whom to correspond regardingsuch resources as it relates to AB 52 and SB 18 noticing The City may use
the Native American Heritage Commission list for their consultation obligations, which may include compliance with Assembly
Bill 52 and Senate Bill 18. Dudek's cultural team will conduct a peer review of the technical reports, noticing documents and
tribal responses and will note any issues and remedies and deficiencies to the City. Dudek will coordinate with the report
author address any deficiencies in the report. The cultural resources section of the EIR will summarize the findings of the
technical reports and will include the mitigation measures as appropriate including addressing all tribal requests. The
geotechnical investigation prepared by the project proponent shall include the location of native and disturbed soils and
exploration into native versus disturbed soils and the specific locations of monitoring areas shall be discussed with tribal
representatives to limit monitoring only to areas of interest to the tribal representatives. Dudek shall coordinate and attend
all tribal consultations and provide final recommendations for mitigation to the satisfaction of all tribal representatives.
Task 2.12: Energy Conservation
Dudek will prepare an energy conservation assessment for the project per the most recent version of the CEQA
Guidelines. The analysis will briefly summarize electricity, natural gas, and petroleum energy sources and the
relevant regulatory framework. The project will be assessed in regards to construction and operational energy
consumption, which will be quantified to the extent estimation methods and project specifics are available. Project
electricity (kilowatt hours) and natural gas (British thermal units) usage will be estimated based on project specifics;
CaIEEMod default values will be used, as appropriate, when project specifics are not available. Petroleum
consumption will be estimated using CalEEMod or the EMFAC Motor Vehicle Emission Source Inventory Model and
will be based on the same equipment and vehicle assumptions assumed in the air quality and GHG emissions
analyses. Project elements that would reduce the project's energy demand will be identified in the analysis and
quantified as available. Dudek assumes that project proponent's architect and engineer will provide a list of the
project's sustainable design and energy conservation measures prior to initiating air quality and GHG emissions
modeling, as the energy analysis will be prepared consistent with the emissions modeling assumptions.
Task 2.13: Geology and Soils
Dudek understands that as part of the design process for the project, the applicant has contracted with a separate
consultant, Geocon, to perform the geotechnical investigations for the project. Dudek geologists will peer review the
report and note any deficiencies to the City and Geocon Inc. Dudek will coordinate with the report author address any
deficiencies in the report. The geotechnical report will be utilized to evaluate the project's impacts. The EIR will
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summarize the findings of this technical report and will include design standards and mitigation measures as
appropriate. See responsibilities of Geocon Inc. in Task 2.11.
Task 2.14: Hazards and Hazardous Materials
Dudek hazardous materials specialists will conduct a hazards assessment for the proposed project. The hazards
assessments will include evaluation of potential impacts due to current or past hazardous materials/waste storage/use
and identification of potential environmental concerns. A preliminary review of the project site indicates that a cleanup
effort was conducted within the past five years due to a former leaking underground tank. Potential impacts due to
current or past hazardous materials storage or use will be evaluated through the following tasks:
A database search of federal, state, and local regulatory agency records that meets Government Code Section
65962.5. The database search will identify sites within or adjacent to the project site that currently have or previously
had hazardous materials contamination or sites that used hazardous materials
Review of the National Pipeline Mapping System for hazardous pipelines on the projectsite
Review of historical aerial photographs and fire insurance maps
Review of files for the project area and nearbysites that are available on the Regional Water Quality Control
Board's Geotracker website and Department of Toxic Substances Control EnviroStor website
The findings will be summarized in the hazards section of the EIR. If the findings indicate a potential impact of hazardous
wastes or materials, recommendations for further work related to additional investigation, sampling, mitigation, human
health risk analyses and/or construction contingency measures will be included as mitigation measures. Recommendations
for the use of pesticides will also be shown as mitigation measures. Additionally, Dudek understands that FireWise 2000
Inc. has been contracted to prepare a Fuel Management Plan. Dudek will peer review this report for any deficiencies and
will note those to the City and FireWise 2000 Inc. Dudek will coordinate with the report author address any deficiencies
in the report. The findings of the Fuel Management Plan will be summarized in this section.
Task 2.15: Hydrology and Water Quality
Dudek understands that as part of the design process for the project, the applicant has contracted with a separate
consultant, Hunsaker, to perform the hydrology and water quality technical studies for the project. Dudek
hydrogeologists will review the Storm Water Management Plan and Drainage Study prepared by Hunsaker &
Associates and will note any deficiencies to the City and Hunsaker. Dudek will coordinate with the report author
address any deficiencies in the report. The section of the EIR will summarize the findings of these reports and will
include mitigation measures as appropriate. This section will also address any runoff concerns associated with
pesticide use related to the agricultural amenities proposed as part of the proposed project. Recommendations and
mitigation measures for waterways of the US and the State shall be provided and required State Agency permitting
shall be identified.
Task 2.16: Noise
Forthe purposes of analyzing noise, Dudek will prepare a technical reportas described below. Dudek will summarize
the findings of the report within the EIR. The report will be included as an appendix to the EIR.
Noise Technical Report
Dudek will prepare a study that analyzes noise and vibration effects from the proposed project and assesses their
levels of impact significance (and need for mitigation, as warranted). The project could subject noise -sensitive
receptors (including existing residences in the surrounding community) to noise from project -generated traffic,
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construction activities, post -construction land uses and activities, or operation of stationary noise -producing sources
e.g., heating, ventilation, and air conditioning systems). Additionally, the proposed project will result in the creation of
new noise -sensitive receivers (occupants of newly developed residences) that could be impacted by noise from traffic
on nearby existingsurface transportation routes and new project -attributed stationary noise sources. To complete this
noise and vibration assessment, Dudek proposes the following tasks:
1. Review available project information, then prepare and send a data request to the client. Client response to the
data request should provide or confirm input parameters for predictive noise and vibration level modeling.
2. Prepare a preliminary field survey plan and submit to the client for review. After client approval of the survey plan,
conduct short-term (i.e., 10-15 minutes duration) sound pressure level measurements at up to six locations on
or near the proposed project site to quantify and characterize the pre-existing outdoor ambient sound
environment. The attending Dudek field investigator will also document observations with respect to perceived or
witnessed acoustical contributors.
3. Upon receipt of response to the data request, perform predictive modeling of noise and vibration at up to eight
nearest and/or representative off-site sensitive receptors using the following methodologies:
a. Construction noise - usage of the Federal Highway Administration Roadway Construction Noise Model or
comparable technique at Dudek discretion
b. Roadway traffic noise - usage of the Federal Highway Administration Traffic Noise Model (version 2.5) or
comparable technique at Dudek discretion to quantify scenarios representing existing conditions, existing
plus project, horizon year (e.g., 2035), and horizon plus project
c. Rail operations noise - usage of the Federal Transit Administration guidance for transit operations noise or
comparable technique at Dudek discretion to quantify noise from proximate existing rail transportation routes
d. Construction vibration - usage of Federal Transit Administration general assessment, California
Department of Transportation algorithms, or comparable techniques at Dudek discretion
e. Perform predictive modeling of exterior -to -interior noise intrusion, using technique(s) at Dudek discretion, to
assess interior noise levels (from off-site transportation noise sources and on-site stationary noise sources, as
appropriate) for up to six representative sample residential units on the project property.
4. Compare predicted noise and vibration levels from the analyses mentioned previously (list items no. 3 and 4) with
applicable local, state, and federal noise standards to assess impacts and significance. Include analysis of live music
outdoors and noise generated from outdoor uses (e.g. dog park, outdoor dining). Include mitigation measures to limit
construction noise to 8 a.m. to 6 p.m. Monday through Friday and Saturdays 9 a.m. to 5 p.m, except holidays. Where
necessary, identify appropriate conceptual measures to mitigate predicted noise and vibration impacts found to be
significant.
5. Draft a concise, detailed standalone noise technical report for client review that contains results and findings from
completion of list items no. 2 through 5.
6. By way of editing the draft noise report, respond and address all comments from one round of client comments.
7. By way of editing the client -reviewed draft noise report, respond to one round of agency comments and finalize
the noise report.
8. Develop a draft EIR noise section from (or via references to) the finalized noise report.
9. By way of editingthe draft EIR noise section, respond and address all comments from one round of client comments.
10. By way of editing the client -reviewed draft EIR noise section, respond to one round of agency comments
and finalize the draft EIR noise section for public review.
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Task 2.17: Population, Housing, Land Use, and Planning
Dudek understands that the proposed project includes a General Plan and Zoning Amendment that proposes to
revise the existing zoning and land use designations of the planning area, known as the Farm in the Poway Specific
Plan, from Open Space - Recreation (OS -R) to Planned Community (PC). This amendment will allow for the
preparation of a specific plan document. Dudek planners will review the specific plan to assess land use and
planning issues related to the proposed project, including land use compatibility issues. The focus of the land use
analysis will be on whether the project would potentially conflict with the established land use plans (such as the
City of Poway General Plan). Relevant plans and policies will be reviewed to document compatibility of the proposed
project with existing planning documents. Compatibility issues may arisefrom visual impacts, traffic, noise, lighting,
public access, development intensity and infrastructure. These issues will be fully addressed in the EIR. Dudek will
also prepare an analysis of any impacts relative to growth and housing as required per CEQA.
Task 2.18: Recreation, Public Services, Utilities and Services Systems
Potentially affected agencies will be contacted to determine the potential impacts of providing public services in order to
provide pertinent information to Dudek. For analysis of the existing services, project impacts to public services and
recommended mitigation measures will be identified. Dudek will contact agencies associated with the areas of police
service, fire protection, emergency medical services, solid waste disposal, schools, gas, electric, and telephone and
cable. The discussion will focus on the increased demand on services based on City -approved standards and measures.
If necessary, these sections will identify mitigation measures to reduce significant effects to public services. The analysis
will include researching existing facilities in the area. Contact will be made to determine system capacity and to estimate
the potential impact of the project.
Task 2.19: Traffic and Circulation
We understand that a traffic study is being prepared by LLG under direct contract by the applicant. The traffic study
completed for the proposed project will be utilized to evaluate the project's impacts. Dudek transportation planners
will conduct a peer review of the report and notify the City and LLG of any deficiencies. Dudek will coordinate with
the report author address any deficiencies in the report. The EIR will summarize the findings of this technical report,
and will include mitigation measures as appropriate. As part of California's Senate Bill (SB) 743 process, the Natural
Resources Agency has released new CEQA Guidelines. The guidelines currently recommend a required
implementation date for CEQA of July 1, 2020. These guidelines recommend VMT as the metric to determine
transportation impacts. Therefore, consistent with recent legislations and direction from the City, Dudek assumes
that the study will include a supplemental VMT analysis. This will be summarized in the EIR.
Task 2.20: CEQA Mandated EIR Sections
In addition to each of the environmental issue areas outlined previously, Dudek will analyze and prepare all additional
CEQA mandated EIR sections in accordance with the criteria, standards, and procedures of CEQA and the Guidelines
as amended. This analysis will include a discussion of the irreversible environmental changes that could result from
the proposed project, unavoidable significant impacts and those effects found not to be significant.
Task 2.21: Cumulative Impacts
Cumulative impacts refers to two or more individual impacts that when considered together, are considerable, or
that compound or increase other environmental impacts. Dudek will work with City staff to develop the basis for the
analysis of cumulative impacts. Project impacts, when combined with other projects in the area, will be addressed
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April 16, 2019, Item #1.4
DUDEK
by researching past, present, and reasonably foreseeable projects in the vicinity. The EIR will evaluate whether the
project's impacts would be significant when combined with impacts of cumulative projects.
Task 2.22: Growth Inducement
As required by CEQA guidelines Section 15126.2, this section will build upon the analysis of the housing and
population described previously in Task 2.17. A discussion of growth inducement will be included to assess the
potential for the project to induce economic or population growth and the construction of additional housing, either
directly or indirectly in the surrounding environment. The discussion will focus on the distinction between new
growth stimulation and expected growth accommodation.
Task 2.23: Alternatives
The alternatives discussion will include a comparative analysis of project alternatives in relation to the proposed
project. The analysis will include a quantitative analysis of effects, where appropriate, analyzing the alternatives at
a level of detail that will allow comparison with the proposed project, but not at an equal level of detail as the
proposed project. The alternatives analysis will include one other reasonable and feasible alternatives as well as
the no project alternative.
Task 2.24: References, Persons, Agencies Contacted and EIR Preparation
The EIR will contain a list of all references and persons and agencies contacted that were used in preparation of the
EIR. In addition, the EIR will list all persons involved in the preparation of the documents and their title and role.
Task 2.25: Appendices
The Appendices shall include the IS/NOP, NOP
comment letters, and technical studies prepared for
the project.
Deliverables
One electronic copy and eight hard copies of the
First Administrative Draft EIR
One electronic copy and eight hard copies of the
First Draft Air Quality/GHGTechnical Report
One electronic copy and eight hard copies of the
First Draft Noise Technical Report
One electronic copy and eight hard copies of the
construction health risk assessment
One electronic copy and eight hard copies of the
quantitative carbon monoxide hotspots analysis, if
required
One electronic copy and eight hard copies of
photosimulations
Summary of Tribal Consultation results
Draft Mitigation Monitoring Program
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April 16, 2019, Item #1.4
Task 3 —Draft EIR Preparation
Once comments on the Administrative Draft EIR have been
received, Dudek will incorporate all comments and submit
electronically) a Second Administrative Draft EIR to the City
for review. To address comments on the Draft EIR that
require additional discussion, if any, we recommend draft
review meetings with all reviewing parties present to make
edits in real time to address any potential conflicts and
resolutions immediately, thus potentially eliminating the
need for subsequent revisions. This scope assumes Dudek
will participate in up to three 2 -hour working meetings with
City staff and applicant consultants.
Once comments are resolved, Dudek will prepare a print -
ready Draft EIR to the City for final review. It is anticipated
that comments received on the print -ready Draft EIR will be
minimal and mostly editorial in nature. Dudek will prepare
the Public Review Draft EIR to be fled with the State
DUDEK
Deliverables
One electronic copy and eight hard copies of the
Second Administrative Draft EIR, including
technical studies
Attendance at up to three working meetings with
City staff and applicant consultants
Working Meeting Minutes
One electronic copy and eight hard copies of the
Print -Ready Public Review Draft EIR
15 CDs of the Public Review Draft EIR plus 15 hard
copies of the Executive Summary for submittal to
State Clearinghouse
30 hard copies of the Public Review Draft EIR, with
appendices on CD
One electronic copy of the Public Review Draft EIR
Clearinghouse and circulated fora state -mandated 45 -day
public review period. Dudek assumes the City will complete the distribution and noticing requirements per CEQA.
Task 4— Final EIR Preparation and Mitigation Monitoring and Reporting
At the close of the public review period, Dudek will review,
organize and categorize the comments received and meet
with City staff and applicant consultants to develop the
strategy for respondingto substantial comments. Dudek will
prepare draft responses to comments along with a draft of
thefinal EIR (preface/summaryof modifications). Dudek will
also prepare a draft of the Mitigation Monitoring and
Reporting Program for review and comment by City staff.
Del verab/es
One electronic copy and eight hard copies of the
Administrative Draft Final EIR, including the Mi igation
Monitoring and Reporting Program, with appendices
on CD
One electronic copyand 30 hard copies of the Final EIR,
includingthe Mitigation Monitoring and Reporting
After City review and approval of the draft final EIR and
Program, wdh appendices on CD
associated documents, Dudek will prepare the Final EIR and final approval documents (see Task 6 for CEQA Findings of
Fact and Statement of Overriding Considerations). For cost estimation purposes, Dudek assumes that no more than 50
individual public comments will be received (one comment letter may contain multiple individual comments) and responses
to these comments will not necessitate substantial revisions to the project description or technical analyses. Recirculation
of the EIR is not anticipated, but if it is required due to any unforeseen issues related to the technical reports associated
with the EIR, then Dudek will coordinate all requirements for the recirculation as a part of this Scope of Work. If recirculation
is required due to substantial changes in the project after public review, then Dudek can coordinate all requirements for
recirculation at an additional cost. Additional analysis required in the reports prepared by Dudek as a result of public
comments will be prepared by Dudek. Once the EIR has been certified by the Poway City Council, Dudek will prepare a final
Notice of Determination for City transmittal to the San Diego County Clerk's Office.
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April 16, 2019, Item #1.4
DUDEK
Task 5 — Meeting Attendance
Dudek will facilitate one scoping meeting (included in Task Deliverables
1.3), attend one neighborhood meeting and attend one Attendance at one City Council public hearing
public hearing before the City Council. Dudek will assist the
City in the presentation of the findings and results of the EIR Attendance at up to three meetings with Citystaff and
to the City and residents. Dudek will attend three meetings
applicant's consultants
with Citystaff and the applicant's consultantteam, included, Attendance at one neighborhood meeting
but not limited to, a meeting to discuss time and materials. Included in Task 1) - Facilitation of one public scoping
Dudek will attend one City Council public hearing. As meeting
included in Task 3, Dudek has also proposed up to three Included in Task 3) - Attendance in up to three
additional working meetings with City staff and applicant working meetings with Citystaff and applicant's
consultants during the Draft EIR preparation. Dudek consultants
assumes that the City will coordinate schedules and host
meetings with City staff and consultants. Dudek assumes a minimum of eight Dudek staff members will attend and facilitate
the scoping meeting and a minimum of two Dudek staff members will attend the hearings and meetings. Dudek assumes
up to four hours for each public meeting and up to two hours for each meeting with City staff.
Task 6 — CEQA Findings of Fact and Statements of Overriding Consideration
Dudek will prepare the findings of fact for certification of the
Final EIR. Should the EIR conclude that the proposed project
will result in one or more unavoidable, adverse
environmental effect(s) that cannot be mitigated to a less -
than -significant level, Dudek will prepare a statement of
overriding considerations. This task assumes up to one
round of review and approval by the City.
Del"rab/es
One electronic copy and eight hard copies of the
Draft Findings of Fact
One electronic copy and eight hard copies of the
Draft Statement of Overriding Considerations (if
necessary)
One electronic copy and eight hard copies of the
Final Findings of Fact
One electronic copy and eight hard copies of the
Final Statement of Overriding Considerations (if
necessary)
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April 16, 2019, Item #1.4
Project Schedule
Table 1 presents the time schedule for each phase or task outlined in the Scope of Work, and includes scheduled
meetings with City staff and completion dates of environmental documents.
Table 1. Project Schedule
Title
Start ..te
MM,DD,YYYY) Duration (Days)
End Date
MM,DD,YYYY)
Project Initiation 4/17/2019 14 5/1/2019
Project Kick Off Meeting 4/ 18/2019 0 4/18/2019
NOP Public Review Period 5/ 1/2019 47 6/17/2019
City Meeting #1 (scoping meeting prep) 5/15/2019 0 5/15/2019
NOP Public Scoping Meeting 5/23/2019 0 5/23/2019
Administrative Draft EIR 5/ 2/2019 60 7/1/2019
City Reviews Administrative Draft EIR 7/1/2019 30 7/31/2019
Draft EIR Preparation 7/31/2019 90 10/ 29/2019
City Reviews Second Draft EIR 8/30/2019 28 9/ 27/2019
Public Review DEIR Working Meeting #1 10/8/2019 0 10/8/ 2019
Public Review DEIR Working Meeting#2 10/ 10/2019 0 10/ 10/2019
Public Review DEIR Working Meeting #3 10/ 15/2019 0 10/15/2019
DEIR Public Review Period 10/29/2019 45 12/13/2019
Final EIR Preparation, Findings and SOCs 11/15/2019 60 1/14/2020
City Meeting #2
response to comments prep/strategy)
12/20/ 2019 0 12/20/2019
City Meeting #3 (public hearing prep) 1/21/2020 0 1/21/2020
City Council Public Hearing 2/ 4/2020 0 2/ 4/2020
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Planned Community Page 17
29 of 33 April 16, 2019, Item #1.4
Cost Estimates
As summarized in Table 3 a total labor cost of $225,470 as outlined below will be necessary to complete Tasks 1-
6. The cost provided in this proposal represents an estimate of the anticipated level of effort required to complete
the tasks described in the proposal and assumes typical processing, without issues that may be caused by potential
delays in schedule, project redesigns, or request from the City for additional level of analysis not anticipated in this
scope of work. All work will be billed on a time -and -material basis in accordance with the Dudek 2019 Standard
Schedule of Charges (attached). As shown on our Schedule of Charges, direct costs are billed in addition to labor
costs at cost plus 15%. For this project, direct costs will include such items such as volume reproduction,
photographs, mileage and deliveries. These costs are estimated not to exceed $5,000. The final costs of this project
will not exceed the Total Cost noted in Table 3. Costs are permitted to shift amongst each task and/or with Direct
Costs. Changes to the Scope of Work are permissible provided they are reviewed and approved by City Staff in
advance and substantially conform to the Request for Proposal.
Table 3 Cost Summary
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1: Project Initiation (Project Description, Kick off, Initial Study/NOP and Scoping) 8,450
2: Administrative Draft EIR 122,380
3: Draft EIR Preparation 56,700
4: Final EIR Preparation and Mitigation Monitoring and Reporting 26,390
5: Meeting Attendance 8,750
6: CEQA Findings of Facts and Statements of Overriding Considerations 2,800
TotstLaborCost 225,470
Direct Costs 5,000
Total 230,470
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April 16, 2019, Item #1.4
HOLD HARMLESS AND REIMBURSEMENT AGREEMENT
BETWEEN THE FARM IN POWAY LLC AND THE CITY OF
POWAY
THIS AGREEMENT MADE day of 20_, by and between
the CITY OF POWAY, a Municipal Corporation ("City"), and The Farm in Poway LLC, a limited
liability corporation ("The Farm"), both of whom understand and agree as follows:
RECITALS:
WHEREAS, The Farm is proposing a planned 160 dwelling unit community and specific
plan with retail, educational, recreational and agricultural uses and amenities proposed at
17166 Stoneridge Country Club Lane in Poway, California (Proposed Project), at the location
of a previous golf course (Stoneridge);
WHEREAS, if approved, the Proposed Project would include demolition of the existing
abandoned golf course and associated facilities;
WHEREAS, the City has determined that, in order to comply with the California
Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) must be prepared
for the Proposed Project, to analyze potential environmental impacts of the Proposed Project;
WHEREAS, because it is the City's policy to require development to pay for itself to the
fullest extent possible, it is necessary for The Farm, as the developer of the proposed Project,
to fully compensate the City for the costs of the EIR consultant; and
WHEREAS, it is also necessary for The Farm to defend and indemnify the City, in the
event of litigation regarding the environmental review process for the Proposed Project.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
As the lead agency under CEQA for the environmental review of the Proposed Project,
City agrees to contract with a private consultant for the purpose of preparing an EIR.
The Farm acknowledges that it has been provided with a copy of the proposed contract
for the selected consultant, Dudek, along with the attached scope of work, schedule,
and budget estimate for the preparation of the EIR, and agrees to the terms and
conditions set forth in that proposed contract.
3. The Farm agrees to promptly compensate and reimburse the City for all reasonable
and necessary costs associated with the preparation of the EIR, including the cost of
the consultant and City staff time associated with the Proposed Project and the specific
plan for the Proposed Project. The Farm agrees that it is responsible for all costs of
the environmental review process and the specific plan for the Proposed Project, and
that the City is merely acting as a conduit between The Farm and the consultant for
purposes of facilitating that process.
4. In the event that The Farm fails to pay the required amounts to City, within forty-five
1
31 of 33 ATTACHMENT B April 16, 2019, Item #1.4
45) days of presentation of an invoice, City will immediately request that the consultant
suspend work on the preparation of the EIR. The City shall be entitled to any costs
incurred to enforce payments due under this Agreement and, at its sole option, may
withhold or condition further discretionary approvals for the Proposed Project upon the
making of any payments that are due under this Agreement.
5. The Farm agrees to defend, indemnify, and hold harmless City, its agents, officers
and/or employees from and against any and all claims, actions, proceedings, damages,
judgments, losses, liability or costs, including reasonable attorneys' fees, related to the
performance of this Agreement and/or the preparation, review and/or approval of the
EIR, the specific plan or any other environmental document or decision for the
Proposed Project, including, but not limited to, any action to attack, set aside, void,
challenge or annul any environmental document or decision. The City will promptly
notify The Farm of any claim, action or proceeding. The City may elect to conduct its
own defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election, The
Farm shall pay all of the costs related thereto, including without limitation reasonable
attorney's fees and costs. In the event of a disagreement between the City and The
Farm regarding litigation issues, the City shall have the authority to control the litigation
and make litigation related decisions, including, but not limited to, settlement or other
disposition of the matter. However, The Farm shall not be required to pay or perform
any settlement unless such settlement is approved by The Farm.
6. This Agreement shall become effective on the date of its execution by both parties, and
shall continue in full force and effect for one year following the completion of the
environmental review process for the Proposed Project.
This Agreement shall not be assigned to a third party by The Farm or the City without
prior written consent of the other party.
8. This is the entire Agreement between the parties pertaining to the environmental review
process for the Proposed Project. All modifications or amendments to this Agreement
shall be by written agreement of the parties.
9. This Agreement and all matters relating to it shall be governed by the laws of the State
of California, and any action brought relating to this Agreement shall be held exclusively
in a state court in the County of San Diego, California.
10. Each individual executing this Agreement on behalf of a Party represents and warrants
that he or she is duly authorized to execute and deliver this Agreement on behalf of the
Party.
32 of 33 April 16, 2019, Item #1.4
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and
executed the day and year above written.
THE FARM
A Limited Liability Corporation
By: _
Name:
Title:
33 of 33
CITY OF POWAY
A Municipal Corporation
Tina White, City Manager
APPROVED AS TO FORM:
0
Alan Fenstermacher, City Attorney
April 16, 2019, Item #1.4