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HomeMy WebLinkAboutRES 2020-064 PSA with Placeworks for Foisy ProjectRESOLUTION NO.2020-64 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS TO PROVIDE THIRD -PARTY CEQA REVIEW SERVICES FOR THE FOISY PROJECT WHEREAS, the City of San Bernardino is in need of professional third -party CEQA review services for the Foisy Project proposed by Waterman Land Ventures, LLC; and WHEREAS, Waterman Land Ventures, LLC, will be reimbursing the City for the cost of this consultant; and WHEREAS, the Consultant is duly licensed and has the necessary qualifications to provide such services. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or designee is hereby authorized and directed to execute the Professional Services Agreement with P1aceWorks attached hereto as Exhibit "A", in an amount not to exceed $18,085.00. SECTION 3. The Finance Director is hereby authorized to amend the FY 2019-20 adopted budget accordingly, as follows: appropriation of $18,085.00 to the Community & Economic Development - Professional Contractual Services Account (001-180-0029-5502) and an increase to anticipated revenues Planning Development PR Account (001-180-0000-4714) FY 2019-20 adopted budget in the amount of $18,085.00. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Resolution No. 2020-64 April 15, 2020 Page 1 of 3 SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15`h day of April 2020. t John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City erk Approved as to form: ----------------------- �ISonia Carvalho, City A ey Resolution No. 2020-64 April 15, 2020 Page 2 of 3 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-64, adopted at a regular meeting held at the 15a' day of April 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ X IBARRA X FIGUEROA X SHORETT X NICKEL X RICHARD X MULVIHILL X 1�L'I3T;ESS my han and official seal of the City of San Bernardino this 16a' day of April 2020. �/Genoveva Rocha, CMC, Attorney City Clerk Resolution No. 2020-64 April 15, 2020 Page 3 of 3 PLACEWORKS March 19, 2020 Oliver Mujica Planning Division Manager City of San Bernardino 290 North D Street San Bernardino, CA 92401 Subject: Scope of Work and Cost Estimate to Peer Review the Foisy East San Bernardino Project IS/MND Dear Mr. Mujica: Thank you for inviting us to submit our proposal to prepare the peer review for the Foisy East San Bernardino Project, Initial Study/Mitigated Negative Declaration. The peer review will be conducted by senior CEQA and technical staff members. I will serve as Project Manager and be responsible for reviewing the IS/MND for general CEQA compliance and defensibility. Our in-house technical specialists will review air quality/greenhouse gas emission, noise, traffic, and civil engineering —related topics. As needed, we will also consult our in-house CEQA attorney. The following proposal includes our Project Understanding, proposed Scope of Work, Cost Estimate, and anticipated schedule. Project Understanding The City of San Bernardino is seeking proposals from qualified consulting firms interested in providing third - party CEQA review services for the Foisy East San Bernardino project proposed by Waterman Land Ventures, LLC. The project site contains approximately 20.29 acres and is located on the southeast corner of S. Foisy Street and E. Central Avenue. The Project site is currently used by the Lewis Center for Education Research (LCER) which currently operates the Norton Science and Language Academy (NSLA}, serving approximately 800 children grades Kindergarten through 8. This is a shared facility with the County of San Bernardino, which operates the Mill Child Development Center (Head Start/Preschool facility) at the same location, offering services to approximately 120 children in Transitional Kindergarten (TKj, located at 503 East Central Avenue, San Bernardino, CA 92408. A portion of the Project site is a privately -owned park, the Mill Center Park, which would be replaced through development of the recently approved new NSLA campus. The existing location (Project site) will be abandoned by the NSLA and Mill Child Development Center and will relocate to its new location approximately 1.0-mile northwest at 230 South Waterman Avenue. The new NSLA and Mill Child Development Center was approved by the City of San Bernardino on February 5, 2020. As such, the proposed Project would use the 503 East Central Avenue site to develop a 467,125-square foot (SF) industrial/ warehouse/distribution facility. The warehouse would include one new concrete tilt -up structure, along with three offices totaling approximately 30,000 square feet. Scope of Work The following scope of work has been prepared in accordance with our understanding of the project to provide the most cost- and time -efficient review of the IS/MND and accompanying technical studies. Our scope of work assumes that PlaceWorks will provide peer review services, and the project applicant will be responsible for incorporating comments and revisions. PLACEWORKS TASK 1. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION PEER REVIEW The draft Initial Study/Mitigated Negative Declaration (IS/MND) prepared by the project applicant team will be peer reviewed by PlaceWorks to ensure completeness and accuracy; consistency with the City's General Plan and Development Code; compliance with applicable environmental laws, regulations, rules, and requirements; and legal defensibility. The review will ensure that adequate analysis and documentation exist for the environmental areas that are found to be "less than significant" or have "no impact," and that all of the "potentially significant" impacts have appropriate mitigation measures to reduce these impacts to less than significant levels. Our review will include an overall assessment of the appropriateness and defensibility of processing the project with an MND. As we have in the past with the City, we prefer to work within the Word document using track changes and comments. We know that the applicant's consulting team Kimley-Horn prefers this approach. We anticipate that the applicant will respond to each comment in the track -change Word file either accepting the change or explaining why it is unnecessary. For those changes considered unnecessary we will conduct a conference call to discuss with the City and Kimley-Horn. This scope of work assumes no more than one round of peer review and comment. Deliverable(s): — Comments in Word Document, including review of project's eligibility to be processed as an MND TASK 2. TECHNICAL STUDIES— PEER REVIEW We will conduct an overview of the air quality, greenhouse gas, and traffic technical studies, as well as the health risk assessment, Phase 1 and hazards related reports prepared for the project site. We will review each study to determine whether it addresses the applicable CEQA checklist questions and to ensure that conclusions are based on the appropriate level of analysis, findings are adequately substantiated, and mitigation is sufficient and CEQA compliant. Note that this scope does not include re -running of any model or calculation, only a review of the assumptions to ensure they meet industry standards and meet the needs of the City. Additional fees may be requested if additional reviews are required, or if additional modeling is needed to support the IS/MND. Air Quality & Greenhouse Gas Emissions Nicole Vermilion, Principal, Air Quality, GHG, & Noise Services, will conduct a review of the air quality and GHG modeling and analysis included in the Initial Study. Nicole is current with the latest threshold methodology and case law for GHG emissions and has completed numerous GHG emissions analyses for CEQA projects. Nicole is a beta tester for the South Coast Air Management District (SCAQMD) on CaIEEMod. In addition, she is a member of the Association of Environmental Professional's Climate Change Committee and actively involved in development of GHG emissions thresholds approaches for development projects, and most recently, participated in the development of a white paper on establishing GHG reduction targets and thresholds for post-2020 GHG emissions analyses. The review of the GHG analysis will confirm the appropriate use of accepted thresholds of significance in light of the Center for Biological Diversity v. California Department of Fish and Wildlife (Newhall Ranch), and Golden Door Properties, LLC v. County of San Diego/Sierra Club, LLC v. County of San Diego (2018) 27 CaLApp.5th 892. rulings, review that the technical modeling assumptions for construction and operational activities were conducted in accordance with the SCAQMD methodology, include an internal consistency evaluation of the modeling assumptions with the project description and traffic report, and evaluate recommended measures to reduce significant impacts of the project (if needed). PlaceWorks will summarize the findings in a memorandum. March 19, 20201 Page 2 PLACEWORKS Health Risk Assessment Steve Bush, PE, Senior Engineer, will conduct a third -party technical review of the health risk assessment (HRA) and associated modeling prepared for the proposed project. The review will determine if the report was prepared in accordance with the latest guidance from the Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD); determine whether the assumptions and parameters used in the modeling effort are appropriate and accurate; and determine whether the modeling results are conservative. Noise Joshua Carman, Senior Associate — Noise and Vibration services, will conduct a third -party technical review of the noise technical study and associated modeling prepared for the proposed project. The review will confirm the use of accepted thresholds of significance, confirm that the technical modeling assumptions for construction and operational activities were conducted in accordance with industry standards and best practices, evaluate internal consistency between the modeling assumptions and the project description and traffic report, and review recommended measures to reduce significant impacts of the project (if necessary). PlaceWorks will summarize the findings of the third -party technical evaluation in a memorandum. The technical analysis for noise is assumed to be complete and contain all information necessary to adequately evaluate impacts associated with the proposed project. Transportation PlaceWorks has teamed with EPD to provide peer -review of the TIA for the proposed Foisy Logistics Center project. EPD staff has experience preparing traffic impact analyses throughout San Bernardino County, as well for high -cube warehouse distribution center projects. Using this experience, EPD will confirm that the TIA is prepared according to applicable local guidelines and using accepted traffic engineering methodologies. EPD's review will include, but not be limited to, the following: • Evaluation of the study area to ensure that it includes all facilities likely to be impacted by the project. At a minimum, the study area should include key intersections or roadway segments within a 1 % mile radius from the project site. • Examination of the analysis worksheets to ensure that all input parameters are as specified in the City's Traffic Impact Analysis Preparation Guide. • Assessment of the scenarios evaluated to ensure they meet the requirements of CEQA and the City. • Review of the project trip generation to ensure that the most appropriate trip rates and truck splits are used and that the passenger car equivalent (PCE) trips have been properly calculated. • Evaluation of any proposed mitigation measures to ensure that they are feasible and effective. Mitigation measures should be in conformance with the City's Capital Improvement Program; as well as the program of projects funded by the City's Development Impact Fee (DIF) Program. EPD's peer review will be summarized in a technical memorandum. The technical memorandum will discuss the objectives of our review, relevant CEQA and local planning consistency issues, and our recommendations for additional analysis, if required. The memorandum will include any changes that are necessary to the TIA. EPD staff will conduct one subsequent peer review of the revised TIA to ensure any necessary changes have been incorporated. March 19, 20201 Page 3 9 PLACEWORKS Phase I Environmental Site Assessment Denise Clendening, PhD, Associate Principal, will conduct a third -party review of the Phase I Environmental Site Assessment being prepared for the proposed project. Dr. Clendening has over 35 years of site assessment experience in California and has worked extensively with environmental regulatory agencies. The review will confirm the assessment of recognized environmental conditions and the suitability of the site for use as a school. The review will confirm the use of accepted Phase I Environmental Site Assessment standards, confirm that the conclusions and recommendations regarding recognized environmental conditions were conducted in accordance with the ASTM methodology. PlaceWorks will summarize the findings of the third -party technical evaluation in a memorandum. Deliverable(s): — CEQA Adequacy Peer Review: Traffic review comments to be provided within Initial Study/MND review memorandum — Technical and CEQA Review: Technical Memorandum to be provided for AQ/GHG/HRA, Phase 1 and Noise TASK 3. PROJECT MANAGEMENT PlaceWorks will coordinate closely with the City to ensure that the IS/MND and associated technical studies are legally defensible, accurate, and useful to decision makers when considering the approval of the project. Project management responsibilities include: Task scheduling and assignment; management of resources; monitoring of costs and schedule adherence; and coordination and communications with the project applicant team (as determined appropriate by the City) to ensure compliance with policies, procedures, and any applicable codes. This task is based on an approximate number of hours per week for the duration of the project. March 19, 20201 Page 4 PLACEWORKS Cost Estimate Our cost estimate for the peer review of the Foisy East San Bernardino IS/MND and associated technical studies is $18,085 (see Table 1). Note that this cost estimate is based on our current understanding of the project and the hours detailed in the attached spreadsheet. Should the project be more complex or controversial than anticipated, PlaceWorks may request and substantiate the need for additional fees. The cost estimate is based on our billing rates, shown in the PlaceWorks - 2020 Standard Fee Schedule. Table 1. Cost Estimate CEQA DOCUMENTATION Task 1— IS/MND Peer Review $5,400 1.1 Primary Review 31600 1.2 Final Review 1,800 Task 2 —Technical Studies Peer Review 11,785 2.1 Air Quality & Greenhouse Gas Study 4,280 2.2 Noise Study 1,900 2.3 Traffic 3,850 2.4 Phase I and II Environmental Site Assessments 1,755 Task 3 Project Management $900 GRAND TOTAL $18,085 PlaceWorks labor includes 2% markup for office expenses. PlaceWorks — 2020 Standard Fee Schedule STAFF LEVEL Principal HOURLY $215 BILL RATE - $335 Associate Principal $190 - $235 Senior Associate/Senior Scientist $160 - $215 Associate/Scientist $135 - $170 Project Planner/Project Scientist $105 - $145 Planner/Assistant Scientist $80 - $110 Graphics Specialist $90 - $135 Administrator $145 - $200 Clerical/Word Processing $45 - $150 Intern $75 - $95 Subconsultants are billed at cost plus 10% Mileage reimbursement rate is the standard IRS -approved rate. Last update: 2020-01-03 March 19, 20201 Page 5 PLACEWORKS Schedule We will work closely with the City to achieve the desired timelines for peer review of the CEQA documentation for the project. We will complete the first round of the Initial Study and technical studies review within two weeks of receiving the documents and turn around the second review of the Initial Study and respective technical studies within one week of receipt. We look forward to working with the City again to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, do not hesitate to call me at (858) 776-5574. Respectfully submitted, PLACEWORKS -Zo/ Mark Teague, Associate Principal March 19, 20201 Page 6