Cities Index.
Second Amendment to Agreement

Fresno City Council
July 20, 2023

Document
Second Amendment to Agreement
Meeting
July 20, 2023
Body
Fresno City Council
Original file
1.2 MB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

LSA is a business name of LSA Associates, Inc.

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
2565 Alluvial Avenue, Suite 172, Clovis, California 93611 559.490.1210 www.lsa.net

June 6, 2023
Sophia Pagoulatos
Planning Manager
Planning and Development Department
City of Fresno
2600 Fresno Street, Room 3065
Fresno, CA 93721

Subject: Proposal to Prepare an Environmental Impact Report for the Vehicle Miles Traveled Mitigation Program
Dear Ms. Pagoulatos:

LSA is pleased to submit this proposed scope, schedule, and budget to prepare an Environmental Impact Report (EIR) for the City of Fresno (City) to assess the potential environmental impacts associated with implementing the Vehicle Miles Traveled (VMT) Mitigation Program (herein referred to as the “proposed Project.”)
The preparation of the materials and templates will be staffed by Ashley Davis, Principal, who will oversee the project, and Kyle Simpson, Principal, who will manage the project and prepare the text updates. Amy Fischer, President, will also review and provide input on project deliverables.

SCOPE OF WORK
LSA will use utilize the City’s General Plan Program Environmental Impact Report (PEIR) to program an EIR for the VMT Mitigation Program. The following provides a description of the tasks that LSA will complete.

TASK 1: PROJECT KICKOFF, DATA COLLECTION, AND BACKGROUND INFORMATION Following issuance of the authorization to proceed, LSA will begin compiling background information and coordinating with the City to hold a kickoff meeting, as described below.

1.1: Project Initiation
To initiate work on the EIR, LSA will meet with City staff to discuss expectations regarding the tasks to be undertaken as part of the environmental documentation effort. During this meeting, LSA will:
• Lead a discussion regarding overall project administration, communications, invoicing procedures, and general protocols.
• Confirm the proposed scope of work and expectations for use of any previously prepared technical materials or other background materials that may be available. • Discuss the significance criteria for each topic to be addressed in the EIR. • Gather relevant information and data if there is information LSA has not yet received.

EXHIBIT A

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2 • Discuss the City’s desired schedule for the review p rocess. Items to discuss include project planning, coordination, and schedule, including establishing ta rget dates for issuance of the Notice of Preparation (NOP), the Scoping Meeting, and release of the Draft EIR.

Following the Kickoff Meeting, LSA will provide a summary memorandum to the City.

Deliverable:
• Kick-off Meeting Summary Memorandum (Adobe Portable Document Format [PDF]) TASK 2: NOTICE OF PREPARATION AND SCOPING MEETING

2.1: Notice of Preparation
LSA will prepare a draft NOP and Notice of Completion (NOC) in accordance with the requirements of CEQA. Project information will include all available details of the proposed Project. Following review of the NOP and NOC by City staff, LSA will prepare a final NOP for distribution by City staff.

LSA will be responsible for submitting the NOP and NOC to the State Clearinghouse. City staff will be responsible for all local notices, including newspaper and, Planning Commission and City Council noticing.

2.2: Scoping Meeting
LSA will participate in a public EIR scoping meeting. LSA will develop materials, including handouts that may include an overview of the objectives of CEQA, the EIR process and schedule, and the topics to be addressed in the EIR. It is assumed that LSA will make a short presentation at the scoping meeting that outlines the proposed Project’s environmental review requirements and process. LSA will provide to the City a written summary outlining the key issues and topics related to the environmental review. The City will be responsible for meeting logistics, such as location, time, day, and refreshments (if any).

Following the 30-day comment period on the NOP, LSA will review all comments, recommend any needed changes to the proposed scope of work, and ensure that all submitted concerns are adequately covered by the EIR.

2.3: Scope of Work Refinement
It may be necessary to refine the work program in accordance with comments received on the NOP.

Upon receipt and review of all of the comments on the NOP, and taking into consideration comments heard at the scoping meeting, LSA will work with City staff to refine the scope of work and budget, if necessary, to address any environmental issues that are not yet adequately addressed in this work program.

Deliverables:
• Draft NOP (MS Word format and PDF)
• Final NOP (MS Word format and PDF)
• Draft NOC (MS Word format)
• Scoping Meeting Minutes Memorandum
• State Clearinghouse submittal
• Scoping Meeting PowerPoint Presentation (PowerPoint format)

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3 TASK 3: PROJECT DESCRIPTION AND ALTERNATIVES
LSA will work closely with City staff to develop a Project Description for the EIR, as described below.

3.1: Project Description
LSA will prepare a Project Description that details the purpose, phasing, and physical elements of the proposed Project. The Project Description will include a map showing the locations of project components, as described by the VMT Mitigation Program and a general description of the proposed Project’s technical and environmental characteristics. LSA will work closely with the City to ensure that the Project Description provides a level of detail appropriate to describe the proposed Project. As part of the Project Description, LSA will work with the City to prepare a list of project objectives consistent with the City’s goals for the proposed Project.

The Project Description will also include a statement briefly describing the intended uses of the EIR, including a list of agencies expected to use the EIR, a list of permits and other approvals required to implement the proposed Project, and a list of related environmental review and consultation steps required by federal, State, or local laws, regulations, and policies. LSA will submit a draft of the Project Description to the City for review and acceptance before the LSA Team begins conducting any impact analyses.

Deliverables:
• Draft Project Description (MS Word format and PDF)
• Final Project Description (MS Word format and PDF)

TASK 4: ADMINISTRATIVE DRAFT ENVIRONMENTAL IMPACT REPORT Consistent with Appendix G of the CEQA Guidelines, LSA will conduct an analysis of the proposed Project’s potential environmental impacts in the following resources topic areas:
• Aesthetics • Land Use and Planning
• Agriculture and Forestry Resources • Mineral Resources • Air Quality • Noise
• Biological Resources • Population and Housing
• Cultural Resources • Public Services
• Energy • Recreation
• Geology and Soils • Transportation
• GHG Emissions • Tribal Cultural Resources
• Hazards and Hazardous Materials • Utilities and Service Systems • Hydrology and Water Quality • Wildfire
Analysis included in the General Plan PEIR will be incorporated into the sections of applicable resource topic areas. The setting section for each topic will describe the current conditions, which form the baseline for the analysis. Each impact analysis will evaluate the potential environmental effects resulting from implementation proposed Project, and feasible mitigation measures will be identified as necessary.

Each topical section will also include a discussion of cumulative impacts. The analysis of cumulative effects will address the potential impacts associated with the proposed Project in conjunction with

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4 other projects that are under construction, approved, or reasonably foreseeable. The preferred methodology for conducting the cumulative impacts analysis will be developed and agreed upon during the early stages of the EIR preparation. The EIR will cover the topics listed above, and the following key topic areas will include detailed technical analysis.

Alternatives Development
The LSA Team will identify and evaluate up to three alternatives to the proposed Project, one of which will be the CEQA-required No Project Alternative. LSA will work with City staff to develop the project alternatives that would reduce potential environmental impacts.

According to the CEQA Guidelines, alternatives can be evaluated in less detail than the proposed Project, and the discussion for each issue topic will be of sufficient detail to evaluate the benefits and drawbacks of each alternative, and to provide some qualitative conclusions regarding the alternatives. A summary table will be included in this section that identifies the level of significance of each environmental topic for each alternative as compared to implementation of the proposed Project. Based on this analysis, the Environmentally Superior Alternative will be identified (as required by CEQA).

Deliverable:
• Administrative Draft EIR (MS Word format and PDF)
TASK 5: SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT
Following receipt of one set of consolidated and reconciled comments from the City on the Administrative Draft EIR, LSA will amend the Administrative Draft EIR and prepare a Screencheck Draft EIR to be reviewed by City staff. One digital version (MS Word format and PDF) of the Screencheck Draft will be provided. A PDF compare version in underline and strikeout will also be provided for review by the City to verify that all requested changes have been made and all appendix materials, references, and final graphics are acceptable. LSA will also provide one printed copy of the Screencheck Draft EIR to the City to review.

Deliverable:
• Screencheck Draft EIR (MS Word format and PDF)

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5 TASK 6: PUBLIC REVIEW DRAFT ENVIRONMENTAL IMPACT REPORT Following receipt of one set of consolidated and reconciled comments from the City on the Screencheck Draft EIR, LSA will prepare a Public Review Draft EIR. LSA assumes that comments on the Screencheck Draft EIR will be limited mostly to clarifications, spelling, and other editorial comments, and no major changes to the substantive details of the proposed Project or analysis would occur during this task.

LSA will prepare a draft Notice of Availability (NOA). Project information will include all available details of the proposed Project. Following review of the NOA by City staff, LSA will prepare a final NOA for distribution by City staff. LSA will be responsible for submitting the Draft EIR and NOA to the State Clearinghouse. City staff will be responsible for all local notices, including newspaper submission and noticing for Planning Commission and City Council.

Deliverables:
• Public Review Draft EIR (MS Word format and PDF, 20 printed copies; technical appendices to be included on CD or flash drive attached to each printed copy) • State Clearinghouse submittal including NOC (PDF)
• Draft Notice of Availability (NOA) (MS Word format and PDF) • Final NOA (MS Word format and PDF)
TASK 7: FINAL ENVIRONMENTAL IMPACT REPORT AND MITIGATION MONITORING AND

REPORTING PROGRAM
Following the CEQA-required public review period of the Public Review Draft EIR, LSA will prepare the Final EIR and Mitigation Monitoring and Reporting Program (MMRP), as described below.

7.1: Final Environmental Impact Report

7.1.1: Administrative Draft Final Environmental Impact Report Following the completion of the 45-day public review period of the Public Review Draft EIR, the LSA Team will formulate responses to written comments from the public and public agencies on the Public Draft EIR. The Administrative Draft Final EIR will include: (1) a list of persons, organizations, and public agencies commenting on the Draft EIR; (2) copies of written comments received; (3) responses to environmental comments raised in the review process; and (4) any necessary text, table, or figure changes as an Errata to the Draft EIR. LSA will discuss the best approach to the responses document with the City following the close of the comment period.

Our budget estimate shows the level of professional effort assumed for this task, considering the potential interest that the public might have in the Public Review Draft EIR. Should an unexpectedly large volume of comments be submitted (e.g., an organized letter-writing campaign by project opponents or a substantial package of comments by a law firm representing labor union interests), an adjustment in the budget (and/or use of contingency funds) to cover work beyond the assumed level would be needed. LSA will submit one digital version (in MS Word format and PDF) of the Administrative Draft Final EIR for City review.

7.1.2: Screencheck Draft Final Environmental Impact Report

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6 After review by City staff and transmittal of suggested revisions, LSA will amend the Administrative Final EIR and prepare a screencheck version for final review by City staff. One digital version (MS Word format and PDF) of the Screencheck Draft will be provided. A PDF compare version in underline and strikeout will also be provided for review by the City to verify that all requested changes have been made. LSA will also provide one printed copy of each Screencheck Draft Final EIR to the City to review.

7.1.3: Final Environmental Impact Report
After review by City staff and transmittal of suggested revisions, LSA will amend the Screencheck Draft Final EIR and prepare a final version. LSA will produce up to 20 bound copies. Digital versions will also be prepared in PDF and will be distributed to the City for website posting. It is assumed that the City will be responsible for distribution of the Final EIR to the public and commenting agencies a minimum of 10 days prior to the final public hearing on the EIR. LSA will also provide any additional reference materials in PDF and update the Administrative Record as needed.

7.2: Mitigation Monitoring and Reporting Program
LSA will a prepare an MMRP, which will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency, subject to approval by City staff.

Deliverables:
• Administrative Draft Final EIR (MS Word format and PDF) • Screencheck Final EIR (MS Word format and PDF)
• Final EIR (MS Word format and PDF, 20 printed copies; appendices to be included on CD or flash drive attached to each printed copy)
• Administrative Draft MMRP (MS Word format and PDF)
• Screencheck Draft MMRP (MS Word format and PDF)
• Final MMRP (MS Word format and PDF)
TASK 8: STATEMENT OF OVERRIDING CONSIDERATIONS AND FINDINGS OF FACT In compliance with CEQA, and based on an existing City template, LSA will prepare a Statement of Overriding Considerations (SOC) and Findings of Fact, as necessary. Due to specific City requirements, this task assumes preparation of an Administrative Draft document, and any refinements will be completed by City staff.

Deliverable:
• Administrative Draft CEQA Findings of Fact and Statement of Overriding Considerations (MS Word format)
TASK 9: PUBLIC HEARINGS
LSA will attend one Planning Commission hearing and one City Council hearing. Prior to each hearing, LSA will work with City staff to prepare a PowerPoint presentation related to the CEQA portion of the proposed Project. During each hearing, LSA will assist the City in addressing CEQA- related questions or comments as they are received.

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7 TASK 10: PROJECT MANAGEMENT AND MEETINGS
Ashley Davis and Kyle Simpson will undertake a variety of general project management tasks throughout the process of preparing the EIR and presenting it to decision-makers. Ms. Davis will provide input on scope, budget, and scheduling of the project and quality assurance for all work products. She will review all in-house prepared text, tables, and graphics before these materials are presented to the City as administrative review documents. She will be available for consultation on CEQA procedural matters as well as application of the CEQA Guidelines to this project.

Mr. Simpson will be in charge of the day-to-day activities associated with the proposed Project.

Project management tasks include regular client contact; oversight of team members; schedule coordination; contract negotiation and management; and development of products. As Project Manager, Mr. Simpson will attend all meetings and maintain a project schedule. He will monitor the project budget in light of progress in the project schedule and will communicate any potential deviations with the City in a timely manner. He will also provide direction to all team members that will ensure an internally consistent, coherent document.

Ms. Davis, Mr. Simpson, and LSA staff, as appropriate, will be available to meet with the project team to gather information, review progress, discuss project alternatives, review preliminary findings, discuss staff comments, and offer input into any discussions on project modifications. The proposed cost estimate includes attendance by both Ms. Davis (virtually) and Mr. Simpson (in- person) at the project start-up meeting and the NOP scoping meeting(s) as detailed under Task 1. In addition, LSA has budgeted (under this task) for attendance at up to three in-person or teleconference team meetings with the City, the agendas and issues to be determined. In addition, this scope assumes bi-weekly check-in calls during heavy work periods in order to keep the City updated on progress and to resolve any issues that may be identified during LSA’s analysis.

SCHEDULE
The work schedule for preparation and completion of the EIR is included as Table 1. LSA expects that this schedule could be adjusted to meet the environmental review objectives of the City, and specific dates will be assigned to the schedule following authorization to proceed.

COST ESTIMATE
For completion of the proposed scope of services set forth in this scope of work, LSA has provided a cost estimate that details tasks by assigned personnel (see Table 2, attached). The budget for preparing the EIR is $137,795. In addition, LSA has also included an approximate 10 percent contingency amount of $13,800, which would not be used without written authorization from the City. The contingency budget would be used to address any unforeseen, out-of-scope items. The estimated cost of the LSA team’s labor and direct expenses, including the contingency, is $151,595.

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8 Table 1: Estimated Schedule
Milestone Responsible
Party
Duration1
(Weeks)
Cumulative
Weeks
Authorization to Proceed City – –
Project Start-Up Meeting Project Applicant/
City/LSA 1 1
Draft Project Description1 LSA 1 2
Review of Draft Project Description Project Applicant/
City 1 3
Prepare Draft NOP LSA 1 4
Review Draft NOP City 1 5
Prepare/Distribute Public Review NOP LSA/City 1 6
30-Day Public Scoping Period – 4 10
Public Scoping Meeting LSA/City - -
Prepare Administrative Draft EIR LSA 4 14
Review Administrative Draft Focused EIR City 3 17
Prepare Screencheck Draft Focused EIR LSA 2 19
Review Screencheck Draft Focused EIR City 2 21
Prepare Public Review Draft Focused EIR LSA 1 22
45-Day Public Comment Period – 6 28
Prepare Administrative Draft Final EIR LSA 2 30
Review Administrative Draft Final EIR City 2 32
Prepare Screencheck Draft Final EIR and Draft MMRP LSA 1 33 Review Screencheck Draft Final EIR and Draft MMRP City 1 34 Prepare Public Review Final EIR and Final MMRP LSA 1 35 EIR Certification Hearing(s) City >10 days 36
1 Assumes that all requested project information and materials received within 1 day of start-up meeting.

We appreciate the opportunity to provide this proposal and look forward to working with you on this project. Please feel free to contact Kyle at (559) 490-1212 or [email protected] if you have any questions and/or require additional information.

Sincerely,
LSA Associates, Inc.

Ashley Davis
Principal
Kyle Simpson
Principal/Project Manager

Attachment:
• Table 2: Cost Estimate

Table 2: Cost Estimate
LABOR COSTS
Principal‐in‐
Charge
(Davis)
Project Manager
(Simpson)
Senior Planner
(Cunningham)
Environmental
Planner
(Granda
Bustamante)  GIS
Document
Management/
Graphics/
Production
Hourly Rate: $295 $210 $180 $120 $160 $135
Task 1.  Project Initiation

1.1 Project  Initiation 22 2 1,250$
220200 1 , 2 5 0 $

2.1 Notice  of Preparation 1 262 1,705$

2.2 Scoping  Meeting 14 4 1,615$

2.3 Scope  of Work Refinement 24 1,430$
4 10 0 10 0 2 4,750 $

3.1 Project  Description 26 1 0 4 3,590$
260 1 004 3 , 5 9 0 $

4.1 Administrative  Draft EIR 20 91 70 264 8 40 75,970$ 20 91 70 264 8 40 75,970 $

5.1 Screencheck  Draft EIR 42 0 2 8 81 4 11,910$
Subtotal for Task 5 4 20 0 28 8 14 11,910 $

6.1 Public  Review Draft EIR 26 1 08 1 4 6,220$
Subtotal for Task 6 2 6 0 10 8 14 6,220 $

7.1 Final  EIR 61 6 3 0 4 9,270$

7.1.1 Admin Draft FEIR 41 4 3 0 7,720$

7.1.2 Screencheck Draft FEIR 21 2 2 0 5,510$

7.1.3 Public Review FEIR 28 1 0 3,470$

7.2 Mitigation  Monitoring and Reporting Program 24 6 2,150$ 8 20 0 36 0 4 11,420 $
Task 8.  Statement of Overriding Considerations and Findings of Fact

8.1 Statement  of Overriding Considerations and Findings of Fact 44 2 4 6 5,710$ 440 2 406 5 , 7 1 0 $
Task 9.  Public Hearings

9.1 Public  Hearings 6 8 3,450 $
680000 3 , 4 5 0 $
Task 10.  Project Management and Meetings

10.1 Project  Management and Meetings 12 26 9,000$
1 2 2 60000 9 , 0 0 0 $
64 193 70 384 24 84 133,270 $
DIRECT COSTS
500$
825$
3,200$
4,525$
TOTAL LSA TEAM BUDGET
137,795$

CONTINGENCY
13,800$
151,595$
LSA Total
Subtotal for Task 1
Task 5.  Screencheck Draft EIR
Task 7.  Final EIR/MMRP
Subtotal for Task 4
TOTAL LABOR
Subtotal for Task 8
Subtotal for Task 10
Subtotal for Task 7
TOTAL LSA TEAM BUDGET WITH CONTINGENCY (10 PERCENT)
Contingency (10 Percent)
Subtotal for Task 9

3.  Printing Allowance (40 copies, $80 per copy)
Task 3.  Project Description and Alternatives
Subtotal for Task 3
Task 2.  Notice of Preparation and Scoping Meeting
Task 4. Administrative Draft EIR
Task 6.  Public Review Draft EIR
TOTAL LSA TEAM BUDGET WITHOUT CONTINGENCY
TOTAL DIRECT COSTS
Subtotal for Task 2

1.  Travel, Deliveries, Communication

2.  Maps; Plans; Reports; Database Searches

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