HomeMy WebLinkAbout2002-332
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RESOLUTION NO. 2002-332
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
3 OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO.1 TO THAT CERTAIN LOAN AGREEMENT
4 BY AND AMONG THE CITY OF SAN BERNARDINO, THE SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, AND
5 THE SAN BERNARDINO REGIONAL WATER RESOURCES
AUTHORITY
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WHEREAS, the City, the District and the Authority heretofore entered into that certain
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2001 Loan Agreement dated as of October 1, 2001 (the "Loan Agreement"), pursuant to which the City
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WHEREAS, the San Bernardino Regional Water Resources Authority (the "Authority")
was organized pursuant to a Joint Powers Agreement dated August 26, 1998, by and among the City of
San Bernardino (the "City"), the Inland Valley Development Agency (the "Agency") and the San
Bernardino Valley Municipal Water District (the "District") (collectively, the "Members") for the
purpose of determining the most beneficial method of alleviating high ground water problems existing
in the City, including areas within the territorial boundaries of the District and the Agency; and
WHEREAS, the Authority is considering two separate areas as part of a project
consisting of a water resource/storage component and acommercial/retail/office revitalization
development to assist in the accomplishment of its goals and objectives; and
WHEREAS, the Authority retained Ehrenkrantz, Eckstut & Kuhn Architects PC, a
California corporation (the "Initial Consultant"), to assist in the exploration of those possibilities that
may be considered in the initial area as bounded by the I-215 Freeway, "E" Street, Baseline Street and
Mill Street; and
2002-332
1 and the District each agreed to loan to the Authority an amount not to exceed $600,000 each solely for
2 the purpose of paying the fees and authorized expenses of the Initial Consultant; and
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4 WHEREAS, the Authority has received the preliminary conceptual work dated August
5 1, 2002, as drafted by the Initial Consultant; and
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7 WHEREAS, the Authority has essentially rejected the size and scope of the project
8 conceived by the Initial Consultant because of economic and feasibility considerations, and the
9 Authority has further recommended a project scope containing a significantly lesser size, less intrusive
10 changes to existing land use patterns and affording less developmental and implementation
1 l complexities; and
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13 WHEREAS, the City desires that the project and the size of the project conceived by, and
14 analyzed by, the Initial Consultant also be essentially rejected for economic and feasibility reasons, and
15 that a project scope containing a significantly lesser size, less intrusive changes to existing land use
16 patterns and affording less developmental and implementation complexities be studied instead of the
17 project conceptualized by the Initial Consultant; and
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19 WHEREAS, the City acknowledges that the conceptual work undertaken by the Initial
20 Consultant dated August 1, 2002, is not a "Specific Plan" within the meaning of the term "specific plan"
21 as contemplated by the California Government Code; and
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23 WHEREAS, the City acknowledges that the size and scale of work envisioned in the
24 conceptual work as proposed by the Initial Consultant cannot be considered for any project which would
25 be contemplated by the City as practical for implementation, and the Initial Consultant's conceptual plan
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1 will not be adopted or implemented because of the extensive scope of work required for implementation
2 and for the additional economic considerations as further required for any successful implementation;
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5 WHEREAS, the Authority and the City desire to define the boundaries of, and study, two
6 separate smaller areas that will consist of considerably lesser sizes, less intrusive changes to existing
7 land use patterns, and contain fewer economic, developmental and implementation complexities; and
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9 WHEREAS, the two areas to be studied are identified as: (1) the area bounded by
10 Baseline Street on the north, the I-215 Freeway on the west, "E" Street on the east and Ninth Street on
11 the south; and (2) the area bounded by Rialto Avenue on the north, the I-215 Freeway on the west, "E"
12 Street on the east and Mill Street on the south; and
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14 WHEREAS, the next phase in the development and implementation of the Project is the
I S preparation of an Environmental Impact Report ("EIR") in accordance with the California
16 Environmental Quality Act, as amended and the Guidelines established thereunder; and
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18 WHEREAS, the Authority has indicated its desire to retain the services of an
19 environmental planning and engineering firm to assist the Authority in the preparation of various
20 studies, reports and other analyzes for purposes of the compilation of an EIR containing the Scope of
21 Services substantially in the form as presented to the City at the time of adoption of this Resolution; and
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23 WHEREAS, the City and the District desire to lend funds to the Authority to allow the
24 Authority to pay for the services of the EIR Consultant and other incidental fees and costs incurred in
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1 connection with preparation of the EIR and to amend the Loan Agreement to include the loan of
2 additional funds; and
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4 WHEREAS, the Loan Agreement provides, among other things, that the preparation of
5 an EIR must be authorized by separate action of the governing bodies of the City and the District taken
6 concurrently with approval by the City and the District of additional joint funding or such other
7 arrangements for the funding of additional consulting fees for preparation of the EIR that aze acceptable
8 to both the City and the District.
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10 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
11 BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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13 i n 1. The Mayor and Common Council hereby approve the preparation of an EIR in
14 connection with the Project which approval as herein contained shall be deemed to be solely the initial
IS approval required pursuant to Section 6 of the Agreement, as amended by Amendment No. 1 as
16 approved pursuant to this Resolution, subject to the final action of the Mayot and Common Council at
17 such later date as provided in said Section 6 of the Agreement, as amended.
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19 cti n 2. The Mayor and Common Council hereby approve Amendment No. 1 attached
20 hereto as Exhibit "A". The Mayor is hereby authorized and directed to execute Amendment No. 1 on
21 behalf of the City, together with such technical and conforming changes as maybe approved by the City
22 Attorney.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO APPROVING AMENDMENT NO. 1 TO THAT CERTAIN LOAN
AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE SAN
2 BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, AND THE SAN BERNARDINO
REGIONAL WATER RESOURCES AUTHORITY
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4 Section 3 The Mayor is hereby authorized and directed to take all actions set forth in
5 Amendment No. 1 on behalf of the City.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a .i t. regular meeting thereof, held on the
9 21st day of October, 2002, by the following vote, to wit:
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Common Council AYES NAY ABSTAIN ABSENT
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ESTRADA x
12 LIEN x
MCGINNIS x _
13 Derry g
Suarez g
14 Anderson g
McCammack X
IS
Cit Jerk
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The foregoing Resolution is hereby approved this ~. rc~ day of October , 2002.
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Ju alles, Mayor
20 t e City of San Bernardino
21 Approved s to form
and legal ontent:
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23 By; i ~
ames F. P
24 City Attor y
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STATE OF CALIFORNIA
1 COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
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I, City Clerk of the City of San Bemardino, DO HEREBY
3 CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San
Bernardino Resolution No. is a full, true and correct copy of that now on file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
5 the City of San Bernardino this day of , 2002.
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~ City Clerk
of the City of San Bernardino
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EXHIBIT "A"
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2 AMENDMENT NO.1
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2002-332
AMENDMENT NO. 1 TO
2001 LOAN AGREEMENT
(City of San Bernardino and the San Bernardino Valley Municipal Water District)
THIS AMENDMENT NO. 1 is entered into this 21 day of occober , 2002 by
and among the City of San Bernardino, a Califomia charter city (the "City"), the San Bernardino
Valley Municipal Water District, a public water district organized under the laws of the State of
Califomia (the "District") and the San Bernardino Regional Water Resources Authority, a joint
powers authority organized pursuant to Califomia Government Code Sections 6500 g( ~. (the
"Authority").
WHEREAS, the Authority was organized for the purpose of determining the most
beneficial method of alleviating high ground water problems existing in the City; and
WHEREAS, to accomplish its goals and objectives, the Authority is conducting a
water resource and storage project known as the San Bernardino Vision 20/ZO Project (the
"Project"); and
WHEREAS, the Authority initially retained Ehrenkrantz, Eckstut & Kuhn Architects
PC (the "initial consultant") to assist in the development and implementation of the Project; and
WHEREAS, the City, the District and the Authority heretofore entered into that
certain 2001 Loan Agreement dated as of October I, 2001 (the "Loan Agreement"), pursuant to
which each of the City and the District agreed to loan to the Authority an amount not to exceed Six
Hundred Thousand Dollars ($600,000.00) solely for the purposes of paying the fees and authorized
expenses of the initial consultant; and
WHEREAS, the next phase in the development and implementation of the Project
as redefined by the Authority is the preparation of an Environmental Impact Report ("EIR") in
accordance with the California Environmental Quality Act, as amended and the Guidelines
established thereunder; and
WHEREAS, the Authority desires to retain the services of a firm to assist the
Authority in the preparation of an EIR (the "EIR Consultant"); and
WHEREAS, the City and the District desire to lend funds to the Authority to allow
the Authority to pay for the services of the EIR Consultant and other incidental fees and costs
incurred in connection with preparation of the EIR and to amend the Loan Agreement to include the
loan of additional funds.
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NOW, THEREFORE, in consideration of the premises and such other good and
valuable consideration, receipt of which is acknowledged by the parties, the parties hereto agree as
follows:
i n Except as hereby amended, the Loan Agreement is in all respects
ratified and confirmed and all of the terms, provisions and conditions thereof shall be and remain
in full force and effect.
Section 2. Except as otherwise provided herein, all terms not otherwise defined
in this Amendment No. I shall have the same meanings in this Amendment No. 1 as those terms aze
given in the Loan Agreement.
Section 3. The third recital of the Loan Agreement is amended in its entirety to
read as follows:
"WHEREAS, the Authority has retained Ehrenkrantz, Eckstut &
Kuhn Architects PC, a California corporation (the "initial
consultant") pursuant to that certain Agreement for Professional
Services approved by the Authority on August 14, 2001 and may in
the future retain an additional consultant or consultants (the initial
consultant and any such other consultant or consultants being
hereinafter referred to collectively as the "Consultants") to assist the
Authority with the preparation of an Environmental Impact Report
(the "EIR"), and seeks funding from the City and the District in
connection therewith; and"
ti 4. Paragraph numbered 1 of the Loan Agreement is amended in its
entirety to read as follows:
"l. Citv/District Loan. The City and the District shall each loan
to the Authority an amount not to exceed Eight Hundred Fifty
Thousand Dollars ($850,000), which in the aggregate shall not
exceed One Million Seven Hundred Thousand Dollars ($1,700,000)
(the "City/District Loan"), including the amounts described in
Section 3 of this Agreement. The City and the District shall each
provide their respective portions of the funds necessary to fund the
full amount of the City/District Loan by the dates required in this
Agreement. The City/District Loan shall be evidenced by two (2)
separate promissory notes executed by the Authority in favor of each
the City and the District, respectively, for one-half of the total
principal amount of the City/District Loan, substantially in the form
attached hereto as Exhibit "A" and incorporated herein by this
reference (the "Notes"). No interest, origination points or loan fees
shall be charged to the Authority under or regarding the Notes.
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Principal disbursements shall be noted on the Notes, as each
disbursement is made by the City or the District, respectively."
Section 5. Paragraph numbered 2 of the Loan Agreement is hereby amended in
its entirety to read as follows:
" 2. Use of City/District Loan. The Authority shall use the
City/District Loan proceeds solely for the purposes of paying the fees
and authorized expenses of the Consultants and for such other fees
and other expenses reasonably incurred by the Authority related to
the Project. The Authority agrees that the proceeds of the
City/District Loan shall not be used for any other purposes."
ti Paragraph numbered 4 of the Loan Agreement is hereby amended by
substituting for the word "Consultant", in each instance of its use, the word "Consultants".
Section 7. Paragraph numbered 5 of the Loan Agreement is hereby amended by
substituting for the word "Consultant", in each instance of its use, the word "Consultants".
Section 8 Paragraph numbered 6 of the Loan Agreement is hereby amended in
its entirety to read as follows:
"6, i imitations on Authorized Proceedines. The parties to this
Agreement recognize and agree that the direction to proceed pursuant
to the Agreement for Professional Services by and between the
Authority and the initial consultant has been limited solely to the
preparation of the documents submitted on or about August I, 2002,
exclusive of any EIR documentation. The preparation of an EIR is
herein approved by the separate actions of the governing bodies of
the City and the District by reason of the approval of Amendment
No. 1 to this Agreement subject to the subsequent official action of
the governing bodies of both the City and the District to approve the
Authority selected EIR consultant and the proposed consultant
contract prior to any final action of the Authority to approve the
Authority selected EIR consultant and the proposed consultant
contract; provided, however, that said governing bodies at their
election may grant both of their respective approvals as required
herein in a single official action at the time of their approval of
Amendment No. 1 to this Agreement. The Authority agrees not to
allow, direct or permit any scope of work, regardless of payment
source, in furtherance of the preparation of the EIR, unless and until
the conditions contained in this paragraph are satisfied. If the
Authority is dissolved by the joint actions of all parties comprising
the Authority, this Section shall, thereafter, have no further force or
effect and nothing contained herein shall be binding upon either the
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City or the District to proceed with any portion or phase of the
Project."
i n Exhibit "A" to the Loan Agreement (San Bemazdino Regional Water
Resources Authority Promissory Note) is amended as follows:
(i) the Maximum Principal Amount shall be $850,000; and
(ii) the first paragraph shall in its entirety read:
"FOR VALUE RECEIVED, the San Bernardino Regional Water
Resources Authority (the "Authority") hereby promises to pay to
(the "Lender"), at such
address as the Lender shall designate, an aggregate principal sum not
to exceed Eight Hundred Fifty Thousand Dollars ($$50,000). This
Note is hereby tendered in accordance with that certain Loan
Agreement dated as of October 1, 2001, by and among the Authority,
the Lender and the as amended by
Amendment No. I dated as of _, 2002 (the "Loan
Agreement")."
Section 10. This Amendment No.l may be executed in counterparts, each of
which shall be an original, and all of which shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment
No. 4 as of the date first above written.
CITY
City of San Bemardino
By:
ATTEST:
By. ~-c-~-t~. ~. ~-a~J~
`tity Clerk
APPROV D AS TO FORM
AND L AL CO~ENT:
By: ,
se.pur; ity Atto
DISTRICT
San Bemardino Valley Municipal
Water District
C. Patrick Milligan
President
ATTEST:
By:
Secretary
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(SEAL)
ATTEST:
By:
Secretary
APPROVED AS TO FORM:
By:
Authority Counsel
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AUTHORITY
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San Bernardino Regional Water
Resources Authority
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REQUEST FOR PROPOSALS
ISSUED SY
SAN SERNARDINO REGIONAL WATER RESOURCES AUTFIORITY
Dated October 2002
SCOPE OF SERVICES
INTRODUCTION:
This Scope of Services is attached to the Request For
Proposals dated as of October _, 2002 (the "RFP"), as issued by
the San Bernardino Regional Water Resouzces Authority (the
"Water Authority") in connection with the preparation of an
environmental impact report ("EIR") and such other studies and
reports as further outlined herein pursuant to the California
Environmental Quality Act of 1970, as amended ("CEQA"). The
Water Authority is not presently undertaking any environmental
compliance under any federal environmental laws for the Project
as contemplated herein.
This Scope of Services assumes that the City of San
Bernardino (the "City") and the San Bernardino Valley Municipal
Water District ("SBVMWD") in their separate governmental
capacities and not as members of the Water Authority will be co-
lead agencies for CEQA purposes in connection with the
certification of the final EIR. Separate reviews and approvals
by both the City and SBVMWD will be required and attendance of
the Consultant at public meetings of both public agencies, in
addition to meetings of the Water Authority, will be required to
accommodate this co-lead agency role.
This Scope of Services includes the attached Exhibit "A"
identifying the dollar amount per item within each phase as
listed below. It is the intent of the Water Authority that this
Scope of Services will become an exhibit to the final Consultant
Agreement for the Consultant as may be selected by the Water
Authority with the total compensation amount to be equal to the
amount proposed by the selected Consultant or such other amount
as may be agreed upon by the Water Authority and the selected
Consultant.
This Scope of Services involves two (2) distinct and
noncontiguous areas within the City: (1) the area bounded by
Baseline Avenue on the north, Ninth Street on the south, "E"
Street on t'he east and the I-215 Freeway on the west (the "North
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Lake District"), and (2) the area bounded by Rialto Avenue on
the north, Mill Street on the south, "E" Street on the east and
the I-215 Freeway on the west (the "Central City South
District"). The term "Project" as used herein shall consist of
the following two components: (1) the North Lake District is an
approximately _ acre lake to be owned and developed by SBVMWD
on land to be acquired by SBVMWD for the purposes of
constructing a water storage facility to assist in the
distribution of water to the Baseline Feeder in accordance with
the water service needs of SBVMWD together with adjacent and
abutting residential and commercial areas featuring lake front
parcels, vacation of certain streets, relocation of utilities
and realignment of streets; and (2) the Central City South
District project consists of land assembly and reuse and
redevelopment for up to 600,000 square feet of either (i) an
office complex with support commercial, or (ii) retail and
commercial development, together with all necessary parking
structures and meandering water features and landscaped areas.
Attached to this Scope of Services is Exhibit "B" which
includes a list of documents previously prepared for the Water
Authority in connection with prior studies conducted by the
Water Authority and such other information, studies and reports
as is available from SBVMWD in connection with the study and
design of the North Lake District.
Any relocation plan as may be required for implementing
either the North Lake District or the Central City South
District will be undertaken and implemented by the appropriate
public agency that is responsible for the undertaking the
specific project that requires the preparation of a relocation
plan when residences or business will be relocated. The
Consultant shall consider the impacts of any such relocation
elements and the potential costs to be borne but no such
relocation plan for either of the two Districts will be prepared
as part of the EZR or pursuant to this Scope of Services.
PHASE I: COORDINATION WITH CITY OF SAN BERNARDINO
This phase will involve the following tasks to verify with
the Director of the Development Services Department (the
"Director"), City of San Bernardino, the proposed changes being
recommended by the Director to achieve all necessary policy and
regulatory 'system changes to accommodate the Project. The City
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is•undertaking a General Plan revision which is currently
anticipated to be completed during the latter half of the year
2003. This Scope of Services considers the following factors
for this effort: the on-going General Plan update and the
existing "single map" regulatory mapping system. The Director
will provide information regarding the policy and regulatory
changes that will entail modifications to the Land Use Plan/Land
Use Zoning Districts Map, amendments to appropriate elements of
the General Plan, and amendments to the Development Code. All
required text for the changes will be prepared and drafted by
the City and not the Consultant.
Task I.1. Validate Land Use/Circulation Changes
The Consultant will conduct an initial workshop with the
Director and the Water Authority Management Committee to
identify the desired and undesired land uses and proposed
circulation changes in the North Lake District and the Central
City South District. This task will validate and/or modify
prescribed land uses based on an evaluation of factors
independently of any prior efforts undertaken by the Water
Authority.
The Consultant shall undertake a critical review of the
technical feasibility of the physical components to ensure a
workable planning process. To that end, the Consultant will
provide an independent technical overview of the feasibility of
the proposed land use pattern for both of the proposed
Districts. The analysis will include on-going participation by
Dudek on behalf of SBVMWD to provide an independent perspective
on the validation of the lakes and other water issues for the
North Lake District, the proposed Caltrans stream systems and
the Vision Creek as presently proposed by the City. An
engineering analysis will be completed regarding the surface and
groundwater hydrology conditions for the Project based upon the
technical studies previously completed in these areas.
Additionally, the Consultant will review the proposed
circulation plan for general concerns to the flow and design
capacity of the proposed street system and its relationship to
the proposed type and intensity of land uses within both
Districts.
Task 2.2. ~ General Plan Amendments
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The Director and the glanning staff of the City will be
responsible for the preparation of the necessary General Plan
Amendments for the entire Project.
The Director will likely recommend modifications to the
Land Use Element and Circulation Element to the General Plan.
Other elements may, upon inspection and further consideration,
require attention as well to maintain internal consistency in
the General Plan. It is anticipated that these amendments will
be relatively uncomplicated, but they are important as a means
of mitigating the impacts identified in the EIR.
The City will be responsible for all coordination and
incorporation of the General Plan Amendments into the ongoing
Citywide General Plan update process so that internal
consistency is maintained when the entire General Plan update is
adopted.
Task I.3. Development Code Amendments
This Task I.3, involves the analysis of the language
changes as prepared by the Director for incorporation in
appropriate sections of the Development Code.
The Director will determine whether one or more new land
use districts will be established or an overlay district concept
will be incorporated and the extent zoning changes may be
advisable to implement any aspects of the Project.
Task I.4. Map Amendments
Certain mapping systems are currently under development in
conjunction with the ongoing efforts to update the City General
Plan. Using the available base maps, the Consultant will
prepare modified Land Use Maps and Circulation System Maps
illustrating the physical changes to the Land Use Element and
Circulation Element.
Task I.S. Processing and Applications
This task involves the review and coordinating process for
the necessary amendment applications from the Water Authority
(as the-amendment proponent) to the City. The City is a member
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of the Water Authority which shall be the public agency applying
for the amendment, and close coordination on the part of the
Consultant in handling this unusual situation will be required.
Task I.6. Phase One Coordination
This task involves coordinating the EIR process with Water
Authority member agencies, the Water Authority Management
Committee and the City's Development Services Department staff.
Not to exceed six (6) coordination meetings with City staff will
be conducted during the drafting of the EIR.
Task I.7. Phase One Meetings and Hearings re General Plan
AmendmentsJDevelopment Code Amendments
This task involves meeting with the Water Authority
Management Committee to obtain their direction on the
application materials for requesting the necessary General Plan
Amendments and development Code Amendments. There will be not
to exceed six (6) meetings with the Water Authority Management
Committee and four (4) meetings with the Director and other City
staff for adoption of resolutions and ordinances related to the
requisite amendments. This task involves meeting with the JPA
Management Committee to obtain their direction on the
application materials. The applications will be drafted by the
Consultant but all other drafting of documents and text
amendments to the General Plan and the Development Code will be
undertaken by the Director and City staff.
PHASE TWO: CEQA, TRAFFIC STUDIES AND OTHER ENVIRONMENTAL
DOCUMENTATION
The Consultant will prepare environmental documentation to
support the consideration of the General Plan Amendment and the
Development Code Amendments and the redevelopment of the North
Lake District and the Central City South District in accordance
with Concept Plans previously developed through the Water
Authority. A single EIR document will be prepared that contains
adequate policy level analysis of the General Plan Amendments
and Development Code Amendments and a Project level analysis of
the North Lake District and the Central City South District
development concepts.
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This scope of work will be limited to the environmental
documentation necessary to address only the CEQA analysis and
related issues. A federal component triggering environmental
clearance pursuant to the National Environmental Policy Act
("NEPA") is not anticipated at this time. Further, it assumed
that an EIR will be the appropriate documentation for both the
General Plan Amendments, the Development Code Amendments and the
implementation of the Projects identified in the North Lake
District and the Central City South District.
Task II.1. CEQA Initial Tasks
An initial meeting will be conducted by the Consultant, the
Water Authority Management Committee, the staffs of the member
agencies to the Water Authority and the Director and other City
staff to review and refine the scope of the EIR. After the EIR
project has been clearly defined, the Consultant will prepare a
detailed Project Description and the Notice of Preparation
("NOP") and the Consultant will coordinate the preparation of
the mailing list and distribution of the NOP. The Consultant
will assist with the coordination of a Public Scoping Meeting,
conduct such meeting, prepare all information and hand-out
materials for such meeting and will attend the meeting to
receive input and comments that may be appropriate for
incorporation into the scope of the EIR. This task assumes two
(2) meetings; i.e., one (1} for the EIR initiation of the
Project Description and one (1) for the Public Scoping Meeting.
Task II.2. Draft EIR - General Plan/Development Code
Amendments Program Level Component
The EIR will include the appropriate CEQA mandated
components and a comprehensive analysis adequate to update
and/or revise previous General Plan level environmental
documentation in support of the proposed General Plan Amendments
and Development Code Amendments.
Land Use/Population/Housing - The proposed Project may result in
changes in land use character and intensity that have the
singular objective of enhancing the economic vitality of the
Districts. To accomplish this, the Project may displace a
significant number of dwelling units and businesses.
Additionally, the Project may change the parameters for
allowable-'uses and targeted development intensities within the
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Districts. Because of the interrelationship of these components
at the policy level, the EIR analysis will provide a combined
analysis of land use, population and housing. The Consultant
will quantify the current and anticipated employment levels.
Employment generation will be estimated and issues relative to
direct and indirect impacts upon population, housing and
employment will be described and related to the proposed land
use designations and related policies. Anticipated population,
housing and employment changes will be "calibrated" against
regional growth forecasts provided by the Southern California
Association of Governments ("SLAG"). Consistency with other
applicable local policy objectives, including those associated
with the related redevelopment plans and regional planning
policy will be addressed and mitigation measures developed as
necessary. To the extent possible, this analysis will be
completed in tandem with the preparation of the applicable
General Plan Amendment tasks in order to provide for an
interactive opportunity to incorporate mitigation measures as
land use policy. The assumptions developed in conjunction with
the expanded land use analysis will be used as the basis for
analysis in the remaining EIR sections.
Traffic and Circulation - The Consultant will be responsible for
the preparation of the Traffic Impact Analysis ("TIA") for
incorporation in the EIR. The initial steps of this study will
serve to establish a reliable baseline. Peak hour vehicle
turning movement counts will be taken for two hours during the
AM peak and PM peak periods on weekdays at all of the study
intersections for which recently collected data may not be
presently available. The collected peak hour traffic volume
data will be summarized and balanced. This compiled data will
represent existing conditions.
Because the Project within both Districts will include
recreational opportunities, residential, office, retail and
commercial/hotel elements, it is anticipated that the Project
will exceed the minimum trip generation thresholds, therefore, a
CMP analysis will need to be conducted. The SANBAG CMP Traffic
Impact Analysis Guidelines, dictates the extent of the CMP study
area and the inclusion of certain freeway links. The Project
study area does not terminate with a City or County boundary.
The Project study area is defined by the magnitude of the
Project trips,alone. Although the analysis could extend up to 5
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miles beyond the Project site, it is expected that the Project
study area will be contained within the City limits.
Precise criteria for the traffic study will be determined
jointly between the Consultant and the City Engineer in such
manner and containing such elements to satisfy current
methodologies in use by SLAG, SANBAG and the City for such
traffic studies and TIA's. It is assumed that the Consultant is
familiar with the current standards of SLAG, SANBAG and the City
for such traffic studies and TIA's and that the details of the
level of analysis and the scope of the efforts will be generally
consistent with current practices. The Consultant will be
responsible for satisfying all such criteria and undertaking the
traffic study and any re-evaluations as may be necessary for the
submittal of an acceptable traffic study and TIA.
_Hydrology and Water Quality - The Consultant will prepare
technical studies and analysis related to hydrology and water
quality. This assessment will primarily focus on: (1) surface
runoff water quantity, (2) hydraulic impacts to drainage
infrastructure and requirements, (3) groundwater conditions, and
(4) surface water quality.
The Consultant will provide a baseline technical assessment
of the groundwater hydrology conditions for the underlying
aquifer within the Project area. This technical assessment will
be based summarizing existing technical reports on the existing
groundwater conditions and documents on historical conditions of
the aquifer, which includes water quality. Potential impacts to
the existing aquifer from the Project elements will be based
upon previous technical studies evaluating changes to the
aquifer. If additional groundwater modeling is required for the
Project assessment, then a request will be made to SBVMWD for
such additional modeling to be conducted.
The Consultant will develop assessments that quantify the
potential hydrologic impacts, as well as identifying the
potential effectiveness of mitigation measures. The Consultant
shall develop recommendations regarding the relationship of the
Project to the existing surface drainage infrastructure system
as well as the requirements for permanent drainage facilities.
The Consultant shall provide a preliminary estimate of the
hydraulic impacts to the existing facilities and downstream
properties used upon existing available data on hydraulic
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capacity of facilities. If this data on levels of flood
protection and existing drainage facility hydraulic capacities
is not available, then it will be performed through separate
studies to be conducted by SB~IMWD. Additional drainage impacts
to be discussed are impacts from the proposed drainage
facilities onsite, urban stormwater quality concerns,
sedimentation/erosion concerns, interim drainage improvements,
and maintenance. Conceptual mitigation measures for drainage
impacts will be identified and adequately explained.
The Consultant will prepare a written report summarizing
the surface hydrology and groundwater assessment for the
Project, particularly focusing on the pre-Project and post-
Project hydrologic conditions. The report shall include
discussions reviewing the drainage constraints, offsite and
onsite hydrology, flooding impacts and mitigations, flood
protection requirements, drainage design criteria, drainage
infrastructure requirements, and potential offsite drainage
impacts, including recommended mitigation measures. A technical
appendix shall be prepared by the Consultant which includes all
hydrologic and hydraulic analysis for the site, analysis
assumptions and all reference documents.
Public Utilities Infrastructure - The Consultant will prepare
documentation for water, wastewater and drainage system sections
of program-level EIR. Appropriate mitigation measures will be
adequately discussed. The Consultant will prepare storm water
quality section consistent with the City and the County of San
Bernardino requirements, including discussion of potential
mitigation measures.
Other Topical Issues - Additionally, the EIR will include policy
level review of a minimum of the following issues and topics:
1. Noise
2. Public Services; Utilities
3. Geologic Resources and Hazards
4. Biological Resources
5. Public Safety/Risk of Upset
6. Historic/Cultural Resources
The Consultant shall undertake all other engineering
reports anfl studies and retain such other subconsultants as may
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be necessary to complete the six (6) items set forth above for
inclusion in the EIR in such form and scope of analysis as may
be required by the Director.
The Consultant will provide review of existing
documentation and conduct additional research of hydrologic
baseline data for the entire Project. The Consultant will
provide research and investigation to compile existing
literature and reports previously prepared regarding the
tributary watershed and groundwater hydrology. Research shall
include review of previous engineering hydrology studies,
groundwater assessments and drainage master plans that
specifically encompass or address the site. Existing data will
be evaluated by the Consultant to determine data gaps related to
available information on surface and groundwater hydrology
impacting the Project area. If there are additional data
requirements then this information will be requested.
The Consultant will prepare analysis of the existing
baseline and the Project watershed and surface drainage patterns
and delineate watershed and subarea boundaries located within
the Project boundary based upon topographic data and existing
drainage systems. The "offsite" tributary watershed to the
Project will be also delineated on regional maps to be provided
by the City. The Consultant will measure the drainage areas and
the water shed parameters associated with the subareas for the
different hydrologic engineering analysis. The offsite
watershed delineation will be based upon previous regional
hydrology studies. The Consultant will provide watershed
delineation for the proposed development that includes three (3)
different land use plans or Project configurations. Watershed
hydrology maps will be prepared for the baseline and development
conditions illustrating the results of the delineations.
Anticipated products at this subtask include: (1) onsite
baseline watershed map, (2) offsite baseline watershed map, and
(3) Project conditions (three alternatives) watershed maps.
The Consultant will prepare preliminary estimate peak
surface hydrology runoff rates associated with the existing
baseline and Project watershed conditions. Hydrologic modeling
will be performed with "rational method" analysis following
County of San Bernardino hydrology procedures and evaluated for
the 10, 25,:and 100-year frequencies. The "offsite" tributary
watershed'"runoff rates will be based upon previous hydrology
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studies prepared for this area and confirmed with a separate
hydrology analysis. Three different Project alternatives will
be evaluated and separate hydrology models will be developed for
each condition. The Consultant will complete an existing onsite
watershed model and Project conditions onsite watershed model
(three (3) alternative land use conditions).
The Consultant shall prepare a preliminary assessment of
the existing Project "onsite" generated urban runoff water
quality based upon existing data for the watershed area within
the Project. The assessment will be developed utilizing
transfer methods assuming a standard buildupfwash off model. An
evaluation will also be performed to determine post-development
pollutant loadings of the urban runoff based upon three (3)
different Project alternatives. Pre-development and post-
development conditions will be compared to assess Project
impacts of non-point source pollutants utilizing established
modeling techniques.
The Consultant will prepare an appropriate technical
analysis for air quality and noise using generalized assumptions
for buildout of the Project area. Public services will be
addressed based on input from the local service providers. The
General Plan Amendment level analysis for Geologic
Resources/Hazards, Biological Resources and Public Safety/Risk
of Upset will be based on data and information made available
from currently available information for this study area and
other information available from the City in connection with the
General Plan Update.
Alternatives - The EIR will include an analysis of at least
three (3) alternatives relative to the General Plan Amendment
component. It is anticipated that this will include an analysis
of a "No Project", a "No Lake" concept and a different Land Use
or Intensity concept as a modification to the intended Project.
Task II.3. Draft EIR -North Lake Project Level Component
It is anticipated that many of the general environmental
issues related to the North Lake District will generally be
addressed as part of the General Plan Amendment policy-level
analysis to a point that sufficient determination can be made
that the North Lake District Project-level development will not
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generate significant new or additional impacts. The Consultant
shall incorporate a discussion project-level
applicability/relationship to impacts otherwise identified with
the General Plan Amendments and the Development Code Amendments.
As appropriate, the EIR will indicate which mitigation measures
should specifically apply to the North Lake District and which
to the Central City South District.
The Project-level specific analysis in the EIR for the
North Lake District component will be focused on the following:
Hydrology and Water Quality - In addition to the area-wide
evaluation of hydrologic issues, the Consultant will complete a
technical peer review of the existing design for the proposed
lake system and summarize the lake requirements for use in the
EIR. This assumes that the studies available from SBVMWD (in
particular the Dudek PDR studies and lake designs) for the lake
systems will be utilized as the Project water feature in the EIR
and no additional lake system technical design report is
required. The Consultant will evaluate potential modifications
or enhancements to the lake system to improve the overall
function and assess the potential of integrating stormwater
runoff management as a function for the lake. The resultant
document will be a summary technical memorandum on assessment of
the lake system and design recommendations for attachment in the
EIR and to be incorporated as an issue analysis as appropriate.
Public Utilities Infrastructure - The Consultant will coordinate
with SBVMWD to obtain the infrastructure master planning and
design information for water, wastewater and storm drain
facilities and storm water quality facilities. This scope
assumes that SBVMWD and its civil engineer for the North Lake
District will provide all proposed system information including
assumptions, calculations and cost estimates for the North Lake
District.
Air Quality - In addition to growth-related air quality issues
that would be addressed at the policy level, the EIR will
include an analysis of grading/excavation/operational air
quality impacts specifically anticipated with the proposed
construction and buildout of the North Lake District and the
Central City South District.
Geology/Public Safety/Risk of Upset - The EIR will include a
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project-specific level analysis of potential geologic, public
safety and risk of upset issues for the North Lake District.
Because liquefaction has been a historic problem in this area
due to the high water table, a discussion of the proposed lake
concept and potential changes to the geologic conditions will be
discussed. Public safety issues and risk of upset concerns
triggered by geologic activity and community interface with the
lake area.
Alternatives - In addition to the alternatives evaluated for
the General Plan Amendment level project, the EIR will include
analysis of two lake-specific alternatives for the North Lake
District and alternative project analysis for the Central City
South District. The Consultant shall conduct an analysis of an
Alternate Lake Configuration and an Alternate Engineered Concept
of the North Lake District and various intensities of
development and alternative land uses for the Central City South
District.
Task II.4. Final EIR/Response to Comments
The Consultant will prepare written responses to comments
submitted during the Draft EIR public review period, in addition
to the other required components of the Final EIR, in accordance
with State, City and co-lead agency requirements. This task
includes preparation of two sets of draft materials and the
Water Authority approved Final EIR. This scope of work shall
assume that a substantial number of technical comments may be
submitted by interested parties. The Consultant shall be
responsible for providing the appropriate analysis and written
responses to all such comments as received. The Water Authority
and/or the City will provide duplication services for adequate
number of copies from the original documents to be provided by
the Consultant.
Task II.S. Findings/Overriding Considerations/Final Notices
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The Consultant will prepare draft Findings and a Statement
of Overriding Considerations for City staff and SBVMWD staff
finalization and incorporation into the staff reports of both
the City and SBVMWD. Additionally, the Consultant will prepare
final notices, including the Notice of Completion and Notice of
Determination and will prepare the mailing lists and coordinate
distribution as needed and provide for the filing of all
documents and forms as required by CEQA.
Task II.6.
Phase Two Coordination
This task involves coordinating the process with the Water
Authority member agencies, Development Services Department staff
and the technical consultant team retained by the Consultant.
Task II.7. Phase Two Meetings and Hearings
This task involves meetings with the Water Authority
Management Committee, the Director, City staff and attending
public hearings in support of the EIR. It is anticipated that
up to two (2) public hearings will be conducted by the City and
an additional two (2) public hearings will be conducted by
SBVMWD in their respective roles as co-lead agencies for the
EIR. Additionally, it is anticipated that up to six (6) staff
level meetings will be conducted with the staff of SBVMWD, the
Water Authority Management Committee andfor the City staff.
Task II.B. Phase Two Document Finalization
Following certification of the EIR, the Consultant will
finalize the documents (including the EIR and all other reports
and studies) as necessary and provide a final master copy and
electronic copy to the Water Authority for use as a resource
document.
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EXHIBIT "A"
SCHEDULE OF COMPENSATION
PHASE I
NOT TO EXCEED
AMOUNT
Task I.1.
Changes Validate Land UsefCirculation
Task I.2. General Plan Amendments
Task I.3. Development Code Amendments
Task I.4. Map Amendments
Task I.5. Processing and Applications
Task 2.6. Phase One Coordination
Task I.7. Phase One Meetings and
Hearings re General Plan
Amendments/Development Code Amendments
TOTAL PHASE I
PHASE II
NOT TO EXCEED
AMOUNT
Task II.1. CEQA Initial Tasks
Task II.2. Draft EIR - General
Plan/Development Code Amendments Program
Level Component
Task II.3. Draft EIR -North Lake Project
Level Component
Task I2.4. Final EIR/Response to Comments
Task II.S. Findings/Overriding
Considerations/ Final Notices
Task II.6. Phase Two Coordination
Task II.7. Phase Two Meetings and
Hearings
Task II.B. Phase Two Document
Finalization
TOTAL PHASE II
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ITOTAL PHASE I AND PHASE II I I
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EXHIBIT "B"
LIST OF RESOURCE AND BACKGROUND
DOCUMENTS PRESENTED TO THE CONSULTANT
I. Water Authority documents -
1. Vision 20/20 Master Plan dated
2. Historic Study dated
3. Revitalization Plan dated August 1, 2002
II. City documents -
1.
III. SBVMWD documents -
1. Dudek PDR Lake Design
2. Dudek PDR traffic study
3. Dudek PDR utility relocation plan
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