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HomeMy Public PortalAbout14. Amendment to Agreement with Dudek for Environmental Review of the Clara Oaks Development1►0 ,E 1997 - File #: 4311 Claremont City Council Agenda Report TO: ADAM PIRRIE, CITY MANAGER FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR DATE: J U LY 26, 2022 SUBJECT: Item No: 14. Reviewed by: City Manager: AP AUTHORIZATION TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR ENVIRONMENTAL REVIEW OF THE CLARA OAKS DEVELOPMENT AND SPECIFIC PLAN (FUNDING SOURCE: DEVELOPER FEES) RIIMMORY The City Council authorized a contract with Dudek in July 2019 to provide environmental review services for the Clara Oaks Project. Dudek began work, but the work was put on hold pending the applicant submitting a viable draft of the project's specific plan. The applicant was unable to provide such a draft and staff therefore contracted with Dudek to complete a specific plan that would meet State requirements. During the time that the specific plan was being worked on, Dudek continued to complete environmental review tasks that could be achieved without having completed the specific plan. Also during this time, the applicant failed to complete several technical studies to the satisfaction of staff and requirements of the California Environmental Quality Act (CEQA). Therefore, Dudek was asked to include these tasks in an amendment to the contract and budget. These tasks include: added analysis for traffic study, tribal outreach, biological resource report, jurisdictional delineation (wetlands), fire management modeling and plan, visibility analysis, arborist report, and the additional project management associated with these tasks. The additional cost to complete these tasks is $68,930. This amount has been paid by the applicant, and there are no costs to the City for this additional work. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to execute a contract amendment with Dudek for environmental review services on the proposed Clara Oaks development in the amount of $68,930, for a total contract amount not to exceed $406,170. CLAREMONT Page 1 of 3 Printed on 7/21/2022 ALTERNATIVE TO RECOMMENDATION In addition to the recommendation, there is the following alternative: Do not approve the proposed amendment with Dudek, and provide staff with direction on how to proceed with the Clara Oaks project. FINANCIAL REVIEW The professional services agreement with Dudek for environmental review of the Clara Oaks Development currently includes $337,240 in compensation. The additional $68,930 would bring the agreement total to $406,170. The applicant is responsible for the full contract amount and for the staff costs required to administer the contract. The applicant has deposited this amount. The staff cost to prepare this report is estimated at $500 and is included in the operating budget of the Community Development Department. ANALYSIS Dudek is continuing to prepare the Draft EIR and the Draft Specific Plan for the Clara Oaks project. The additional scope of work that is necessary for the Draft EIR process to proceed is included as an Attachment. Dudek will complete the required tasks and optional tasks outlined in this project change order. The additional and modified scope changes include: traffic impact analysis, additional Draft EIR project management, biological resources report, wetlands jurisdictional delineation, fire management plan, visibility analysis, and an arborist report. City staff is requesting that the City Council increase the environmental services contract in the amount of $68,930 to cover the additional costs of performing this work. RELATIONSHIP TO CITY PLANNING DOCUMENTS Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents and finds that it applies to the following City Planning Documents: Sustainability Plan, General Plan, and the 2022-24 Budget. CEQA REVIEW This item (awarding an amendment to an existing contract for environmental and specific plan consulting services) is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a "project" as defined in Section 15378). CEQA Guidelines Section 15378(b)(2), (4), and (5) exclude "[c]ontinuing administrative ... activities," "government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment," and "[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment" from its definition of "project." Approving this consulting contract does not commit the City to a definite course of action on Clara Oaks' proposed project, which is not before the City Council at this time. (14 C.C.R. § 15352.) CLAREMONT Page 2 of 3 Printed on 7/21/2022 The Community Development Director has determined, based on the preliminary environmental review, that the Clara Oaks project requires the preparation of an EIR. PUBLIC NOTICE PROCESS The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk's Office. Submitted by: Brad Johnson Community Development Director Attachment: Dudek Change Order Prepared by: Jennifer Davis Contract Planner CLAREMONT Page 3 of 3 Printed on 7/21/2022 ATTACHMENT ?8 1140R1i i fIAV,1.f1J(6O hSADf I`dF, C:AL..fl )I2IN IA '� I 101 December 17, 2020 Brad Johnson City of Claremont Community Development 207 Harvard Avenue Claremont, California 91711 Subject: Change Order 1 for Clara Oaks Specific Plan Project Environmental Impact Report Dear Mr. Johnson: This letter provides Dudek's proposed Change Order Number 1 (CO-1) to reflect additional effort requested and required to support the Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA) for the proposed Clara Oaks Specific Plan (Project). This CO-1 includes requested augments to existing tasks, the elimination of existing tasks, and provides several Optional Tasks for the City's considerations. These requested scope changes are itemized below. Task 3 Conduct Preliminary Technical Analyses Subtask 3C Prepare Traffic Impact Analysis As a subconsultant to Dudek, LLG is contracted to prepare the Transportation Impact Analysis Report for the proposed project. LLG has provided a requested change order with added tasks, including updates required to the previous scope given the lapse in time since the project was placed on hold. Also pursuant to current statutes, the City has adopted vehicle miles traveled (VMT) as the metric for determining environmental impacts and has recently released its Draft Transportation Study Guidelines on VMT and LOS Assessment, dated August 2020. The contract amendment includes the required CEQA analyses (i.e., an assessment of VMT and review of active transportation and public transit analysis). While the City has formally adopted VMT methodology for environmental impact analysis, they have still retained a requirement for local intersection operational analyses as part of the non-CEQA analysis. Therefore, this contract amendment also assumes updates required for the preparation of LOS analysis at the previous study intersections. Tasks to be eliminated from previous scope: • Task 7: Congestion Management Program (CMP) Roadway Impact Analysis • Task 8: Qualitative Review of SB 743 • Task 12: Consultation Related to the Draft EIR Review Tasks to be added from proposed Contract Augment scope: • Project Mobilization • Updates to Project Trip Generation, Distribution, and Assignment • Cumulative Projects Research and Update • Updated traffic Analysis for Existing Baseline Conditions ,`A VV P F CHE' I :. r" O M Mr. Brad Johnson Subject: Change Order 1: Clara Oaks Specific Plan Project • CEQA Transportation Assessment -VMT Analysis • CEQA Assessment- Active Transportation and Public Transit Analysis • Draft Transportation Impact Study Task 5 Prepare Administrative Draft EIR and Screencheck Draft EIR Subtask 5A Prepare Administrative Draft EIR and Screencheck Draft EIR Dudek requests an augment to this task to include the following activities: Draft Project Description: Dudek will coordinate with the City and the Applicant, as appropriate, to assist in the development of a reasonable worst -case build -out scenario for the custom lots that reflect the restrictions set forth in the Specific Plan, and provides a reasonably conservative framework for the analysis set forth in the Draft EIR. The objective would be to allow for the evaluation of the proposed project at the project -level, even though the specific circumstances of project buildout cannot be known with certainty given the custom -lot nature of the Specific Plan. Clarifications to off -site impacts to roadways and utilities will be described and graphically depicted. It is anticipated that the Project Applicant/Engineer will provide appropriate level of detail regarding earthwork requirements for each residential property, as well as anticipated phasing for the occupancy of the property. Using available information from the Specific Plan, Dudek will prepare a draft project description as a stand-alone deliverable, including the following: (1) environmental setting overview and existing site conditions, (2) short-term construction phasing plan and construction methods, (3) long-term operations activities, (4) maps of the project location and site plans for the key project components, and (5) list of discretionary actions and required permit approvals. Dudek will submit the project description electronically to the City for review. AB 52 Tribal Outreach Dudek will, upon the client's authorization, initiate Native American consultation coordination consistent with AB- 52 Tribal Consultation requirements. AB-52 requires formal Native American consultation be facilitated government -to -government and that it is the full responsibility of the CEQA lead agency, in this case, City of Claremont. Consequently, Dudek's role in the AB-52 process is limited to coordination with the City to assist/support in their Native American consultation obligations. This scope includes the following tasks: Contact the California State Native American Heritage Commission (NAHC) to request a review of their Sacred Lands and obtain a list of tribal representatives with potential knowledge of cultural resources within the proposed Project area. Assist the City in creating notification letters for transmission to each of the tribal representatives that have requested formal notification of projects under the City'sjurisdiction and if the City chooses, any additional names provided by the NAHC. Upon authorization of content by the City and placement on City letterhead and inclusion of appropriate signatures of City personnel, Dudek will send each letter LISPS certified mail and provide letter documents for the City to electronically send the same notification letters from a City email. DUDEK Change Order 1: Clara Oaks Specific Plan Project 2 Mr. Brad Johnson Subject: Change Order 1: Clara Oaks Specific Plan Project Support the City in their AB-52 obligations including communication with the City and attendance with the City for formal consultation meetings with requesting Tribal entities. Dudek assumes no more than five 1- hour virtual meetings will be required. • Provide data management of all communication provided by the City as a result of Tribal consultation efforts and synthesize all data for inclusion in the Tribal Cultural Resource section of the EIR. Formal Native American consultation is the responsibility of the CEQA lead agency, in this case, City of Claremont. Dudek will provide all information on coordination efforts at the time of request by the lead agency, and with appropriate permission, will coordinate with the City to assist/support in their Native American consultation obligations. This scope and associated estimated cost include attendance of one Dudek Staff to no more than five 1-hour virtual meetings. If it is determined that support, outside of the estimated scope and cost, is required or desired to assist in the City's Tribal consultation process pertaining to this proposed Project, Dudek will provide an augment to this scope of work and associated costs, accordingly. Task 12 Project Management and General Coordination Subtask 12A Project Management and General Coordination Dudek requests an augment to this task to include account for the passage of time and effort in the beginning stages of the project effort, which was originally scoped in 2017. This augment allows for as -needed conference calls, coordination, schedule preparation, and invoice preparation over the course of the EIR process, which is anticipated to require no more than 18 months. Task 13 Optional Tasks Subtask 13A Biological Resources Technical Report The results of the general biological resources assessment will be summarized in a Biological Resources Technical Report (BRTR). The report will be prepared at a level of detail sufficient to address the CEQA requirements, specifically the biological thresholds of significance included in Appendix G. Vegetation communities and sensitive biological resources will be described in terms of their potential or presence on -site and their regional significance. The report will include an assessment of the relative importance of the ecological resources present on -site (if any) and the potential for various special -status species to occur on -site. The results of the rare plant survey and jurisdictional delineation of aquatic resources (Optional Task 13.13) will be included in the BRTR. The section will include an impacts analysis based on the project design and an assessment of the significance of the impacts, and if applicable prescribe feasible mitigation measures. Proposed mitigation requirements for potential impacts to special -status biological resources will be discussed in terms of the regional planning efforts, and state and federal laws and regulations. Graphics will be prepared to illustrate the location of the site, the existing biological conditions, and the proposed project impacts. Subtask 13B Jurisdictional Delineation Dudek's professionally trained wetland delineators will perform a detailed analysis of all resources within the study area that would be subject to thejurisdiction of the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and/or the California Department of Fish and Wildlife (CDFW). All areas will be delineated using the protocol stipulated by the USACE under Section 404 of the Clean Water Act (CWA), and the DUDEK Change Order 1: Clara Oaks Specific Plan Project Mr. Brad Johnson Subject: Change Order 1: Clara Oaks Specific Plan Project CDFW under Section 1600-1607 of the California Fish and Game Code. The USACE wetlands delineation will be performed in accordance with the USACE 1987 Wetland Delineation Manual, Interim Regional Supplement to the USACE Wetland Delineation Manual: Arid West Region, and the USACE/EPA Rapanos Guidance. Non -wetland waters of the U.S. will be delineated based on the limits of an ordinary high water mark (OHWM). The CDFW jurisdiction will be defined to the bank of the stream/channels or to the limit of the adjacent riparian vegetation. Areas regulated by the RWQCB are generally coincident with the USACE, but include features isolated from navigable waters of the U.S. that have evidence of surface water inundation. The results of the jurisdictional delineation will be documented in the BRTR (see Optional Task 13.A). Subtask 13C Fire Management Plan Data Acquisition and Review. Dudek will acquire site and site -adjacent data including digital vegetation, topography, fire history, wind, temperature, and precipitation data from client and from available public Geographical Information System (GIS) sources. We will utilize this data, along with the site plans for our analysis and exhibit preparation. Site Risk Assessment and Field Data Collection. Dudek will conduct site specific risk assessment and field data collection that will be used for completing the overall project risk assessment and fire behavior modeling analysis. Among the field tasks that will be completed are: • Vegetation measurements and mapping refinements • Fuel load analysis (current and historic) • Topographic features documentation • Photograph documentation • Off -site land uses and fuel status • Confirmation/verification of hazard assumptions • Access/egress documentation • Preliminary meeting with LACoFD, as necessary Fire Behavior Modeling. Dudek will utilize Remote Automatic Weather Station (wind speeds and fuel moistures) data for the project area to develop BehavePlus fire behavior runs. BehavePlus fire modeling software is widely used and has become the industry standard for predicting fire behavior on a given landscape. Fire behavior modeling can help substantiate the risk presented by specific conditions of the project area. Several areas of the project site where proposed development abuts native vegetation would generally be selected for focused fire modeling efforts. The products of this modeling effort are color GIS exhibits indicating current condition and post - project condition for both extreme fire weather (offshore winds) and typical weather (onshore winds) scenarios. Fire Protection Plan. Dudek will evaluate fire response capabilities, discussion of fire code non -conformities, detailed description of fuel modification area requirements, and development of necessary requirements and recommendations that will mitigate non -conformities. Dudek will prepare a Fire Protection Plan (FPP) consistent with LACoFD requirements/guidelines (Los Angeles County Fire Code). The FPP will provide a comprehensive fire DUDEK Change Order 1: Clara Oaks Specific Plan Project 4 Mr. Brad Johnson Subject: Change Order 1: Clara Oaks Specific Plan Project protection dialogue and format created through our extensive experience on large, controversial projects throughout California. We will document the site's fire environment and mitigation, using scientific analysis, experienced fire planning judgement, and measures successfully used on other projects. We will utilize an FPP standard that includes the basic components necessary to evaluate risk and provide measures to mitigate that risk. Goals of the project's FPP are to minimize and mitigate fire issues created by the project and to reduce the impact the project may have on the local fire protection delivery system. For the project, it is anticipated that the FPP will be used to document the project's conformance with codes, particularly regarding fuel modification zone provisions, dead end road length, secondary access, and water availability, amongst others. The FPP will detail provisions for alternative materials and methods for providing the same practical effect for any project features that cannot comply strictly with the code. The FPP will include sections addressing the following components: • Executive Summary • Introduction • Site and project description • Site specific risk assessment • Vegetation descriptions • Fire behavior models • Access roads (widths, lengths, parking, per project site plans) • Water supply (per local water supplier estimates) • Fire protection systems (sprinklers as required by code) • Emergency access/egress (secondary egress availability) • Fire department response and aid agreements (description of existing) • Vegetation management and defensible space (summarize FMP) • Structural protection/building ignition resistance (compliance with Chapter 7A) • Alternative Materials & Methods providing "same practical effect" for non -Conformance • FMZ Maintenance recommendations/requirements • Analysis of project effects and determination of significance • Mitigation measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation, and climate of the proposed site (consistent with the LA County Fire Code). Dudek anticipates one review, comment, and revision cycle with the client and one review, comment and revision cycle with the LACoFD. The draft FPP will be submitted electronically for client review. Three (3) hard copies of the draft FPP will be submitted for LACoFD review and up to five (5) hard copies of the final FPP will be submitted. Note: Dudek will consult with the project's landscape architect for FPP consistency with the project's fuel modification plan/landscape plan, but will not prepare fuel modification plans/exhibits under this scope of work. DUDEK Change Order 1: Clara Oaks Specific Plan Project 5 Mr. Brad Johnson Subject: Change Order 1: Clara Oaks Specific Plan Project Should you request preparation of fuel modification plans, Dudek will submit a scope of work and anticipated budget for authorization prior to proceeding. Meetings, Project Administration, and Communications. Dudek anticipates attendance at two meeting (8 hours, including travel) through the project with the project team and/or LACoFD. This meeting may include presenting our initial findings, discussing potential issues, and proposing mitigating measures (internally and then to LACoFD). No community or public meetings are included under this scope of work. Other communications and administrative, QA/QC, report production and project management are included in this task as is general consultations with project engineers, biologists, landscape architect and planners regarding fire protection. Subtask 13D Visibility Analysis Dudek will prepare a visibility analysis of the Project to determine the degree of visibility at any location within a half -mile buffer of the Project site boundary. To accomplish this, Dudek will build a three-dimensional model of the surrounding terrain based on publicly available LiDAR (light detection and ranging) data. This terrain model will include existing structures and vegetation to more accurately reflect the actual visibility of the Project site. Using this model, Dudek will create a color -coded map depicting the percentage of the developed/disturbed portion of the Project site that is visible from any location within the half -mile study area. This visibility mapping can be used as a tool to determine potential areas of visual impact where further studies might be necessary. In accordance with CEQA, visibility would be a consideration from public vantage points and this analysis would provide substantial evidence to address the threshold questions: Would the project "have a substantial adverse effect on a scenic vista" and/or "substantially degrade the existing visual character or quality of public views of the site and its surroundings." This task includes one color -coded map depicting the visibility of the site within one half -mile from the Project boundary, including one round of revision. Subtask 13E Arborist Report Tree Inventory and Evaluations. Dudek will acquire existing site digital information, including site boundaries, proposed disturbance areas, and aerial imagery for use in GIS map preparation and impact analysis. Dudek will review the City's expectations regarding tree documentation, preservation, and impact mitigation in order to prepare the tree report. Individual tree location mapping will be conducted using a Trimble Pathfinder Pro XH Global Positioning System (GPS) receiver with H-Star Technology. Tree attribute data (species, trunk diameter, height, canopy spread, health and structural condition), collected simultaneously with feature positions, will also be linked to tree location information and stored in the Trimble ProXH datalogger. Following field data collection, raw tree location and attribute information will be differentially corrected, managed, and exported in appropriate Geographic Information Systems (GIS) or Computer Aided Drafting (CAD) formats, suitable for further spatial analysis and/or exhibit preparation. Dudek estimates that there may be as many as 200 trees on the property within the impact footprint (i.e. on -site residential lots and on -site graded roads) that will require inventory and assumes that two field days will be required to complete this task. Areas in the open space/preserve area would not be inventoried, as it is anticipated that trail construction would avoid impacts to trees. Should the effort require more field days, Dudek will notify you of the situation and request authorization for a budget amendment. DUDEK Change Order 1: Clara Oaks Specific Plan Project 6 Mr. Brad Johnson Subiect: [hanaeOrder 1:[|araOaks SDecificHan P Dudek W||measure s�ze(7eghtcanopy spread todhp|ineand trunk diameter),detenminetree heakh/structura| cond�bon, and eva|uatepresewadon, remova[ rep|acement, orre|ocation potenda|for a||trees wtha diameter at standard height measuhng 4inches or greater. Each mapped and assessed tree wiU be tagged with an a|uminum tree tag idendfving itwith a uniquetree number conespondingto CPS mapping data. Photographs of the site wi|| beco||ected forinc|usion into the Report. VVewi|| reduce a||tree atthbute informationto useab|e summahes and provicle an e|ectroNc ExceIl tab|e of tHs informabon to be used in preparabon of the report. Tree Inventory and Evaluation Report. Dudek W|| prepare a Tree Inventory and Eva|uadon Report and an assodatedTree LocadonExhib�tofindMdua|tree |ocadonsusing co||ectedtree informadon.The report W||inc|ude the tree inventory and eva|uation information and wi|| summarize our methods and observations, provide a &cussion of the site and its trees, and &cuss expected tree impacts from site improvements.k4idgationfor tree impacts inthe project site wi||adhere to[ity'sstandards. The report wi||inc|udeatree informadonmatrix inc|uding each tree on site aswe|| as a CIS based tree |ocadon map that indicates whichtrees wi|| be impacted (removed or encroached upon) by the project. One review/revision cyc|e with the [ityteam is inc|uded in thistask. Dudek wi|| provide an e|ectronic PDF and Word copy of the 1st draft report for review. The fina| Tree Inventory and Eva|uabon Report WH be pro0cled in PDF and hard copy format. Up to three (3) hard copy reports are induclecl inthis scope of work. Attachment /\ Change Order No. 1 Budget provdesan�tem�zedcosts bvstaff and houMvrate for the proposed augment. As shown, w�th the 6minabon of Task 31, whch has been d*tenninecl by Dudek's b�dog�st to be unnecessary g�en project s�e concl�ons, the requested CO-] budget is $24,920. Acicl�onaIl OpbonaIl Tasks for the [tv'sconsiderabonare inc|udedinTasks 13.Athrough 13E VV�thapprova|ofa||Oodona|Tasks, the tot |requested CO-] wou|d be $68,930. A||tasks wi|| continueto be bi||ed on adme-and-materia|s basis in accordance with the terms and conclitions of our primary Agreement. THs Change Order is proviclecl to document the Oty's wrten authorizabon to amend our eAsbng Agreement. AH other terms and conclibons of the originaIl Agreement between the [ity and Dudek remain in effect. Upon receipt ofsigned authorizadon from the [ity, work can continue in accordance withthe requested [O-1 Client Authorized Signature Peaseoa|meat626-204-9839shoukjyou have any quesbonsregardingthsChange Order. Sincere�y, A _� &I � Krstn Starbncl, Senor Project Manager Dudek DUDEK Change Order]: Oara Oaks Spedfic Han Project 7 Attachment A. CO-1 Budget City of Claremont 12135 (Clara Oaks Specific Plan Project EIR) DUDEK FEE ESTIMATE 1U2V2= Optional Task 13.A Biological Resources Techrical Report 8 50 20 14 10 6 108 $17,090 $17,090 Task 13.B Jurisdictional Delineation 4 8 8 4 24 $2,880 $70 $2,950 Fire Management Plan 2 28 9 50 22 8 119 $20,760 $275 $21,035 Eliminate Task aG. Fire Response Time Analysis $6,505 $6,505 Task 13.0 Fin; Management Plan 1 $14,255 $275 $14,530 Task 13.D Visibility Analysis 2 4 12 18 $3,040 $0 $3,040 Task 13.E Arborist Report 2 32 5 39 $6,40D $6,;— IIII„ IIII;;Illf;;;;llll Change Order 1: Clara Oaks Specific Plan Project A-1