HomeMy WebLinkAbout25B - EIR FOR A 24 SINGLE UNIT SFR - 1584 E SANTA CLARA AVENUEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 19, 2012
TITLE:
AMEND AN AGREEMENT FOR
ENVIRONMENTAL SERVICES WITH URS
CORPORATION TO PREPARE AN EIR FOR
A 24-UNIT SINGLE FAMILY RESIDENTIAL
DEVELOPMENT AT 1584 EAST SANTA
CLARA AVENUE
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached amendment to
the agreement with URS Corporation for environmental services in an amount not to exceed
$21,739 for a new 24-unit single-family residential development at 1584 East Santa Clara
Avenue, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In April 2010, Tava Development contacted the City with hopes to re-commence development of
the former Empire Homes 24-unit single family residential development at 1584 East Santa Clara
Avenue. The Tava Development proposal was proposed to be similar in scope, layout and
quality to the project previously proposed by Empire Homes. Due to the potential for significant
environmental impacts, an environmental impact report (EIR) was required for this project
pursuant to the California Environmental Quality Act.
A Request for Proposal was circulated to three qualified environmental firms in 2007 as a part of
the Empire Homes proposal. URS Corporation was selected as the environmental consultant
and it thereafter began work on the EIR. URS had nearly completed the draft EIR when, in 2009,
Empire Homes decided to cancel the project due to economic circumstances. Work on the EIR
was discontinued at that time.
An agreement with URS was originally approved in December 2010 in the amount of $48,335.
Further, an amendment for $23,235 was approved in November 2011 for the preparation of a
new initial study and additional traffic analysis beyond the original scope of work. During the
Response to Comments preparation of the EIR, it was determined that additional Cultural
Resources analysis would need to be prepared. As a result, staff is requesting that an
amendment to the agreement be executed with URS in an amount not to exceed $21,739. This
agreement will remain in effect until completion of the EIR. The entire cost of this work has been
covered by the developer; and funds in this amount have already been deposited with the City.
25B-1
Agreement with URS Corporation
March 19, 2012
Page 2
FISCAL IMPACT
This agreement will not impact any City/Agency funds. Funds in the amount of $21,739 will be
deposited by Tava Development into the Planning and Building Agency account for contractual
services (No. 09801001-24035) prior to the consultant commencing any work.
APPROVED AS TO FUNDS AND ACCOUNTS:
a M. Trevino
Executive Director
Planning and Building Agency
VF:rb
vt\reports\URS Corporation EIR 2nd contract amend ment.cc031 912
Exhibit: 1. Agreement
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25B-2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is entered into on
, 2012, by and between URS CORPORATION, a Nevada corporation
("Consultant"), doing business as URS Corporation Americas, and the City of Santa Ana, a charter city
and municipal corporation of the State of California ("City").
RECITALS:
A. The parties entered into Professional Services Agreement #A-2010-233, dated December 6, 2010,
(hereinafter "said Agreement") by whi6h Consultant provided professional environmental reports
and services. Thereafter, the parties entered into a First Amendment to Professional Services
Agreement #A-2010-233-01, dated December 22, 2011.
B. In accordance with the terms and conditions of said Agreement, as amended, the parties wish to
ftirther amend the Scope of Services and Compensation to include additional required CEQA
services for the TAVA Development project.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions of said Agreement, except as herein modified, the parties agree as follows:
I. Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to
complete the TAVA Development. project environmental review, as set forth in Consultant's
Request for Change Order for Supplemental Environmental Analysis and Revised Environmental
Documentation (Cultural Resources) dated December 2, 2011, attached hereto as Exhibit A and
incorporated herein by this reference.
2. Section 3, COMPENSATION, shall be amended to increase total compensation to Consultant by
an amount not to exceed $21,739 in additional compensation to pay for the specific SCOPE OF
SERVICES added by this Second Amendment to Professional Services Agreement, as identified in
the Fee Estimate in Exhibit A attached hereto and incorporated herein by this reference.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full
force and effect.
EXHIBIT 1
25B-3
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Professional
Services Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH A. STRAKA
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JAY TREVINO
Executive Director - PBA
CITY OF SANTA ANA
PAUL M. WALTERS
Interim City Manager
URS CORPORATION
HARLEY S. MARTIN
Vice President
25B-4
EHIBIT A
(Attached)
25B-5
December 2, 2011
Mr. Vincent C. Fregoso, AICP
City of Santa Ana
Planning and Building Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
RE: TAVA Development -Request for Change Order for Supplemental Environmental Analysis
and Revised Environmental Documentation (Cultural Resources).
Dear Mr. Fregoso:
URS Corporation (URS) appreciates the opportunity to continue to provide environmental services to the
City of Santa Ana (City) for the TAVA Development Company Project (Project).
Based on the nature of comments received on the Cultural Resources section of the Project's Draft
Environmental Impact Report (DEIR), URS has identified the need for additional cultural resources
analyses to augment the Cultural Study Report prepared in 2008 by Discovery Works and used in
preparation of the DEIR. Upon further discussion with City staff, it is our understanding that the City
would like a supplemental environmental analysis and revisions to the Cultural Resources section of the
DEIR to address issues identified during the public review period.
URS presents the following summary of out-of-scope items that are required to address issues identified
as a result of the public comments.
Revised Scope of Work
Task 1 - Prepare Supplemental Cultural Resources Technical Memorandum.
Per discussions with the City of Santa Ana, URS will author a supplemental technical memorandum
which analyzes the project's effects for purposes of CEQA. URS will re-define the Project Area;
coordinate/obtain background information from (but not limited to) the City and other groups,
stakeholders, agencies, and others; perform additional historical research; address public comments
received to date; and review photographs/proposed project data. The technical memorandum will be
based on previous studies of the property created by consultants Sapphos and Discovery Works, as well
as recent scholarship (e.g., Fruitful Legacy) and federal/state guidance (e.g., National Park Service:
Preservation Brief, Secretary of Interior Standards) and would re-evaluate the Project Area per the CRHR
criterion and CEQA guidelines. The memorandum'would consider if the project could cause a significant
impact to a significant cultural resource, and would provide justification for this conclusion. Attached to
the memorandum will be appropriate appendices including (but not limited to) past studies, Project Area
maps, photographic simulations, historic research and images, records search information, site conditions,
and DPR 523 series forms.
t1RS Corporation
2020 East First Street, Suite 400
Santa Ana, CA 92705
Tel: 714.835.6886
Fax: 714.667.7147
mwurscorp.com
25B-6
TAVA Development Company Project
Change Order-December 2, 2011
Assumptions:
o Project maps will be created by URS at scale sufficient to document clearly (e.g., 1" = 200', 1" _
100') the limits of the survey coverage and the extent of the undertaking. Maps will be created
with an aerial and topographic base.
o Photographic simulations or conceptual plans depicting the proposed project will be provided by
the Applicant or City.
o Revised DPR 523 series forms will be prepared for the project area.
o Photographs captured by previous consultants as part of earlier studies will be made available to
the URS by the City.
o Area of analysis would include only the properties directly acquired, used, or improved as part of
the project. Properties outside of the project boundaries would not be analyzed as part of the
supplemental memorandum for significance and impacts.
o No additional fieldwork will be completed as pact of this assessment. Limited out-of-office
research is anticipated, with no more than one research trip to a local historical society, archive,
repository or library.
o No more than two teleconferences with the City will be needed during preparation of the
memorandum.
o The memorandum will identify the project site as being eligible for listing to the local City
register and the project would have a significant impact to historical resources for purposes of
CEQA.
o The memorandum will be peer reviewed before work is submitted to the City by a Principal-level
staff in our Cultural Resources Group with experience in dealing with complex projects with
cultural resource issues.
o A draft of the technical memorandum will be submitted to the City for one round of review and
comment. URS will respond to the City's comments in writing via a response to comments
document and will make revisions to the supplemental technical memorandum as needed.
Task 2 - Revise Cultural Resources DEIR Section.
URS would revise the existing cultural resources DEIR section, which was circulated in July 2011. The
DEIR section would include non-confidential information from the memorandum, and would substantiate
the conclusions from the memorandum. The DEIR would include relevant figures, photographs, and
background data. The supplemental technical memorandum will be appended to the revised DEIR.
Assumptions:
o Revised DEIR section would include changes to the following subsections: 5.4.1; 5.4.2; 5.4.3;
and, 5.4.5
o Revised DEIR section would not include changes to mitigation measures CUL-1 through CUL-8
as indicated in Subsection 5.4.4, or any other sections of the DEIR
City of Santa Ana Page 2
25B-7
TAVA Development Company Project
Change Order-December 2, 2011
o Preparation of the DEIR would occur concurrently with the preparation of the revised
memorandum.
o City of Santa Ana Planning and Building Department would be the lead agency for CEQA, and
that the DEIR will not require federal or state-level approvals as part of NEPA, Section 106 of the
National Historic Preservation Act, or approval by agencies, commissions, or groups like the City
of Santa Ana Historic Resources Commission, or the Office of Historic Preservation.
o The revised DEIR will identify the project area as being eligible for listing to the local City
register and the project would have a significant impact to historical resources for purposes of
CEQA. .
o No more than two teleconferences with the City will be needed during the preparation of the
DEIR.
o The draft revised Cultural Resources DEIR Section will be peer reviewed before work is
submitted to the City by a Principal-level staff in our Cultural Resources Group with experience
in dealing with complex projects with cultural resource issues.
o A draft revised Cultural Resources DEIR section will be submitted to the City for one round of
review and comment. URS will respond to the City's comments and will make revisions to the
DEIR section as necessary.
o URS will prepare a Notice of Availability to inform the public about the availability of the
revised Cultural Resources Section only and submit to the City for distribution as needed.
o URS will prepare a Notice of Completion & Environmental Document Transmittal Form for
submittal to the State Clearinghouse. It is further assumed that the City will be responsible for
sending any notices to a newspaper of general circulation, post the site, and mail hard copies of
the Notice and revised Cultural Resources Section to any interested parties/agencies.
Task 3 - Respond to Public Comments
Following re-circulation of the revised DEIR section, URS will respond to public comments received by
the City in writing via a response to comments document. A draft document will be prepared with
responses to all comments received during the established public review period and will be submitted to
the city for review and comment. The City will approve and accept URS' responses prior to the
completion of this task and inclusion to the Final EIR.
Assumptions:
o No more than two teleconference meetings with the City will be needed during the preparation of
the responses to comments.
o The responses to comments will be peer reviewed before work is submitted to the City by a
Principal-level staff in our Cultural Resources Group with experience in dealing with complex
projects with cultural resource issues.
o No more than two rounds of review and comment will be needed on the draft document.
City of Santa Ana Page 3
25B-8
TAVA Development Company Project
Change Order-December 2, 2011
Task 4 - Participation in Hearings
Due to the nature of the comments received to date on the DEIR, specifically related to concerns that the
Cultural Study Report did not adequately assess the orchard, URS anticipates that additional participation
by our cultural resources staff will be needed at public hearings to address this issue. Cultural resources
staff participation to this extent was not included in the original scope of work, or subsequent change
order. One URS cultural resources staff member will be available to attend up to three scheduled Planning
Commission and/or City Council public hearings.
Miscellaneous/Other Direct Costs
The following direct costs, related to past and future efforts for the project, are also provided:
o An audio of the August 22, 2011 Planning Commission Hearing was provided to URS on CD-
ROM by the City of Santa Ana. Per the City's request, the audio CD was converted to a digital
file and transcribed to Microsoft Word format.
o Aerial photographs for use in revised documents.
o Printing of revised documents.
o Project-related travel (mileage).
Cost Estimate
The time-and-materials cost estimate to perform the work described herein is $21,739.00. Attachment A
includes the detailed fee estimate.
Thank you and we look forward to continue working with the City on this important project. Should you
have any questions regarding this proposal, or would like to discuss the proposed Change Order tasks in
detail, please call me at (714) 835-6886.
Sincerely,
URS CORPORATION
Maggie Fitzgerald
Interim Division Manager
Vice President
Attachment A - Fee Estimate
City of Santa Ana
Page 4
25B-9
25B-10
TAVA Development Company Project
Change Order-December 2, 2011
ATTACHMENT A
Fee Estimate
City of Santa Ana Page 5
25B-11
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